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by Tristan

Persons and Family Relations Law

EFFECT AND APPLICATION OF LAWS (CIVIL CODE)

Laws shall take effect after fifteen 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.

Article 2 of the Civil Code, as amended by Section 1 of

Executive Order No. 200, states that "[l]aws shall take effect after fifteen 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." Section 18, Chapter 5,... Book I of Executive Order No. 292 or the Administrative Code of 1987 similarly provides that "[l]aws shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette or in a newspaper of general circulation, unless it is... otherwise provided.

Procedural due process demands that administrative rules and regulations be published in order to be effective.

There are, however, several exceptions to the requirement of publication. First, an interpretative regulation does not require publication in order to be effective.[80]

The applicability of an interpretative regulation "needs nothing further than its bare... issuance for it gives no real consequence more than what the law itself has already prescribed."[81]

It "add[s] nothing to the law" and "do[es] not affect the substantial rights of any person."[82]

Second, a regulation that is merely... internal in nature does not require publication for its effectivity.[83]

It seeks to regulate only the personnel of the administrative agency and not the general public.[84]

Third, a letter of instruction issued by an administrative... agency concerning rules or guidelines to be followed by subordinates in the performance of their duties does not require publication in order to be effective.

Thus, it is within the discretion of the legislature, or the Executive Department in this case,... whether to shorten or extend the fifteen-day period[13]... as long as there is compliance with the requirement of publication.

interpretative regulations and those merely internal in nature, that is, regulating only the personnel of the administrative agency and not the public, need not be published."[14]

EO 140 is an internal regulation... that affects primarily the personnel of the DOF and the BOC. It remains valid even without publication.

  • SECURITIES v. GMA NETWORK, GR No. 164026, 2008-12-23
    all statutes, including those of local application and private laws, shall be published as a condition for their effectivity, which shall begin fifteen days after publication unless a different effectivity date is fixed by the... legislature.

Covered by this rule are presidential decrees and executive orders promulgated by the President in the exercise of legislative powers whenever the same are validly delegated by the legislature, or, at present, directly conferred by the Constitution. Administrative rules and... regulations must also be published if their purpose is to enforce or implement existing law pursuant also to a valid delegation.

Interpretative regulations and those merely internal in nature, that is, regulating only the personnel of the administrative agency and not the public, need not be published. Neither is publication required of the so-called letters of instructions issued by administrative... superiors concerning the rules or guidelines to be followed by their subordinates in the performance of their duties.

Administrative rules and regulations must be published if their purpose is to enforce or implement existing law pursuant to a valid delegation.  The only exceptions are interpretative... regulations, those merely internal in nature, or those so-called letters of instructions issued by administrative superiors concerning the rules and guidelines to be followed by their subordinates in the performance of their duties.

  • EFREN L. ALVAREZ v. PEOPLE, GR No. 192591, 2011-06-29
    the law requires publication in a newspaper of general circulation.  To be a newspaper of general circulation, it is enough that it is... published for the dissemination of local news and general information, that it has a bona fide subscription list of paying subscribers, and that it is published at regular intervals. Over and above all these, the newspaper must be available to the public in general, and... not just to a select few chosen by the publisher.

  • TAñADA v. TUVERA, GR No. 63915, 1986-12-29
    the clause "unless it is otherwise provided" refers to the date of effectivity and not to the... requirement of publication itself, which cannot in any event be omitted.  This clause does not mean that the legislature may make the law effective immediately upon approval, or on any other date, without its previous publication.

Publication is indispensable in every case, but the legislature may in its discretion provide that the usual fifteen-day period shall be shortened or extended.

all statutes, including those of local application and private laws, shall be published as a condition for their effectivity, which shall begin fifteen days after publication unless a different effectivity date is fixed by the legislature.

Covered by this rule are presidential decrees and executive orders promulgated by the President in the exercise of legislative powers whenever the same are validly delegated by the legislature or, at present, directly conferred by the Constitution.  Administrative rules and... regulations must also be published if their purpose is to enforce or implement existing law pursuant also to a valid delegation.

Interpretative regulations and those merely internal in nature, that is, regulating only the personnel of the administrative agency and not the public, need not be published.  Neither is publication required of the so called letters of instructions issued by administrative... superiors concerning the rules or guidelines to be followed by their subordinates in the performance of their duties.

Accordingly, even the charter of a city must be published notwithstanding that it applies to only a portion of the national territory and directly affects only the inhabitants of that place.  All presidential decrees must be published, including even, say, those naming a... public place after a favored individual or exempting him from certain prohibitions or requirements.  The circulars issued by the Monetary Board must be published if they are meant not merely to interpret but to "fill in the details" of the Central Bank Act which that body... is supposed to enforce.

However, no publication is required of the instructions issued by, say, the Minister of Social Welfare on the case studies to be made in petitions for adoption or the rules laid down by the head of a government agency on the assignments or workload of his personnel or the... wearing of office uniforms.  Parenthetically, municipal ordinances are not covered by this rule but by the Local Government Code.

the publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the laws.

all laws as above defined shall immediately upon their approval, or as soon thereafter as possible, be published in full in the Official Gazette, to become effective only after fifteen days from their publication, or on another date... specified by the legislature, in accordance with Article 2 of the Civil Code.

The clear object of the above-quoted 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

"ignorantia legis non excusat." It would be the height of injustice to punish or otherwise burden a citizen for the transgression of a law of which he had no notice whatsoever, not even a constructive one.

without publication, the people have no means... of knowing what presidential decrees have actually been promulgated, much less a definite way of informing themselves of the specific contents and texts of such decrees.

Ignorance of the law excuses no one from compliance therewith.

The clear object of the above-quoted 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

"ignorantia legis non excusat." It would be the height of injustice to punish or otherwise burden a citizen for the transgression of a law of which he had no notice whatsoever, not even a constructive one.

without publication, the people have no means... of knowing what presidential decrees have actually been promulgated, much less a definite way of informing themselves of the specific contents and texts of such decrees.

The statutes of other countries or states must be pleaded an| proved the same as any other fact. Courts can not take judicial notice of what such laws are. In the absence of pleading and proof the laws of a foreign country or state will be pressumed, to be the same as our... own.

Laws shall have no retroactive effect, unless the contrary is provided.

  • SPOUSES BENZONAN v. CA, GR No. 97973, 1992-01-27
    while our decisions form part of the law of the land, they are also subject to Article 4 of the Civil Code which provides that "laws shall... have no retroactive effect unless the contrary is provided." This is expressed in the familiar legal maxim lex prospicit, non respicit, the law looks forward not backward. The rationale against retroactivity is easy to perceive. The retroactive application of a law usually... divests rights that have already become vested or impairs the obligations of contract and hence, is unconstitutional

  • IN RE: PETITION FOR ASSISTANCE IN LIQUIDATION OF INTERCITY SAVINGS v. STOCKHOLDERS OF INTERCITY SAVINGS, GR No. 181556, 2009-12-14
    The reason for the rule is the tendency of retroactive legislation to be unjust and oppressive on account of its liability to unsettle vested rights or disturb the legal effect... of prior transactions.

  • NOEL L. ONG v. NICOLASA O. IMPERIAL, GR No. 197127, 2015-07-15
    in order that a law may have retroactive effect, it is necessary that an express provision to this effect be made in the law, otherwise nothing should be understood which is not embodied in the law. Furthermore, it must be borne... in mind that a law is a rule established to guide our actions without no binding effect until it is enacted, wherefore, it has no application to past times but only to future time, and that is why it is said that the law looks to the future only and has no retroactive effect... unless the legislator may have formally given that effect to some legal provisions.

  • PRIMITIVO ESPIRITU v. RICARDO CIPRIANO, GR NO. L-32743, 1974-02-15
    retroa... while the Legislature has the power to pass retroactive laws which do not impair the obligation of contracts, or affect... injuriously vested rights, it is equally true that statutes are not to be construed as intended to have a retroactive effect so as to affect pending proceedings, unless such intent is expressly declared or clearly and necessarily implied from the language of the... enactment.

  • CONCHITA CARPIO MORALES v. CA, GR Nos. 217126-27, 2015-11-10
    this Court's abandonment of the condonation doctrine should be prospective in application for the reason that judicial decisions applying or interpreting the laws or the Constitution, until reversed, shall form part of the legal... system of the Philippines.

Unto this Court devolves the sole authority to interpret what the Constitution means, and all persons are bound to follow its interpretation.

Judicial decisions assume the same authority as a statute itself and, until authoritatively abandoned, necessarily become, to the extent that they are applicable, the criteria that must control the actuations, not only of those called upon to abide by them, but also... of those duty-bound to enforce obedience to them.

[W]hen a doctrine of this Court is overruled and a different view is adopted, the new doctrine should be applied prospectively, and should not apply to parties who had relied on the old doctrine and acted on the faith thereof.

But while our decisions form part of the law of the land, they are also subject to Article 4... of the Civil Code which provides that "laws shall have no retroactive effect unless the contrary is provided." This is expressed in the familiar legal maxim lex prospicit, non respicit, the law looks forward not backward. The rationale against retroactivity is easy to... perceive. The retroactive application of a law usually divests rights that have already become vested or impairs the obligations of contract and hence, is unconstitutional.

  • GERARDO R. VILLASE OR v. OMBUDSMAN, GR No. 202303, 2014-06-04
    Article 4 of the Civil Code does indeed provide that laws shall have no retroactive effect. Rules regulating the procedure of courts, however, are retroactive in nature, and are, thus, applicable to actions pending and unresolved at the time of their passage. As a general rule,... no vested right may attach to or arise from procedural laws and rules, hence, retroactive application does not violate any right of a person adversely affected.

The Rules of Procedure of the Office of the Ombudsman are procedural in nature and therefore, may be applied retroactively to petitioners' cases which were pending and unresolved at the time of the passing of A.O. No. 17.  No vested right is violated by the application of

Section 7 because the respondent in the administrative case is considered preventively suspended while his case is on appeal and, in the event he wins on appeal, he shall be paid the salary and such other emoluments that he did not receive by reason of the suspension or removal.

It is important to note that there is no such thing as a vested interest in an office, or even an absolute right to hold office. Excepting constitutional offices which provide for special immunity as regards salary and tenure, no one can be said to have any vested right in an... office.

  • REPUBLIC v. REMMAN ENTERPRISES, GR No. 199310, 2014-02-19
    the interpretation of a law by this Court constitutes part of that law from the date it was originally passed, since this Court's construction merely establishes the contemporaneous legislative intent that the... interpreted law carried into effect.[35]

"Such judicial doctrine does not amount to the passage of a new law, but consists merely of a construction or interpretation of a pre-existing one.

Art. 4 of the Civil Code thusly: "Laws shall have no retroactive effect, unless the contrary is provided." The legislative intent as to the retroactive application of a law is made manifest either by the express terms of the statute or by necessary implication.

The reason for the rule is the tendency of retroactive legislation to be unjust and oppressive on account of its liability to unsettle vested rights or disturb the legal effect of prior transactions.

A well-settled exception to the rule on prospectivity is when the law in question is remedial in nature. The rationale underpinning the exception is that no person can claim any vested right in any particular remedy or mode of procedure for the enforcement of a right.

Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity.

Civil Code, which states, "No vested or acquired right can arise from acts or omissions which are against the law or which infringe upon the rights of others.

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.

  • PEOPLE v. PROCORO DONATO, GR No. 79269, 1991-06-05
    Waiver is defined as "a voluntary and intentional relinquishment or abandonment of a known existing legal right, advantage, benefit, claim or privilege, which except for such waiver the party would have enjoyed; the voluntary abandonment or surrender, by a capable person, of... a right known by him to exist, with the intent that such right shall be surrendered and such person forever deprived of its benefit; or such conduct as warrants an inference of the relinquishment of such right; or the intentional doing of an act inconsistent with claiming... it.

the doctrine of waiver extends to rights and privileges of any character, and, since the word 'waiver' covers every conceivable right, it is the general rule that a person may waive any matter which affects his property, and any... alienable right or privilege of which he is the owner or which belongs to him or to which he is legally entitled, whether secured by contract, conferred with statute, or guaranteed by constitution, provided such rights and privileges rest in the... individual, are intended for his sole benefit, do not infringe on the rights of others, and further provided the waiver of the right or privilege is not forbidden by law, and does not contravene public policy; and the principle is recognized that everyone has a right to waive,... and agree to waive, the advantage of a law or rule made solely for the benefit and protection of the individual in his private capacity, if it can be dispensed with and relinquished without infringing on any public right, and without detriment to the community at... large.

Although the general rule is that any right or privilege conferred by statute or guaranteed by constitution may be waived, a waiver in derogation of a statutory right is not favored, and a waiver will be inoperative and void if it infringes on... the rights of others, or would be against public policy or morals and the public interest may be waived.

While it has been stated generally that all personal rights conferred by statute and guaranteed by constitution may be waived, it has also been said that constitutional provisions intended to protect property may be waived, and even some of the... constitutional rights created to secure personal liberty are subjects of waiver.

Rights guaranteed to one accused of a crime fall naturally into two classes:  (a) those in which the state, as well as the accused, is interested; and (b) those which are personal to the accused, which are in the nature of personal... privileges.  Those of the first class cannot be waived; those of the second may be.

It is elementary that the existence of waiver must be positively demonstrated since a waiver by implication cannot be presumed. The standard of waiver requires that it "not only must be voluntary, but must be knowing, intelligent, and done with sufficient awareness... of the relevant circumstances and likely consequences." There must thus be persuasive evidence of an actual intention to relinquish the right. Mere silence of the holder of the right should not be easily construed as surrender thereof; the courts must indulge every reasonable... presumption against the existence and validity of such waiver

  • EDNA MABUGAY-OTAMIAS v. REPUBLIC, , GR No. 189516, 2016-06-08
    The concept of waiver has been defined by this Court as:... a voluntary and intentional relinquishment or abandonment of a known existing legal right, advantage, benefit, claim or privilege, which except for such waiver the party would have enjoyed; the voluntary abandonment or surrender, by a capable person, of a right known... by him to exist, with the intent that such right shall be surrendered and such person forever deprived of its benefit; or such conduct as warrants an inference of the relinquishment of such right; or the intentional doing of an act inconsistent with claiming it.

[T]he doctrine of waiver extends to rights and privileges of any character, and, since the word 'waiver' covers every conceivable right, it is the general rule that a person may waive any matter which affects his property, and any alienable right or privilege of... which he is the owner or which belongs to him or to which he is legally entitled, whether secured by contract, conferred with statute, or guaranteed by constitution, provided such rights and privileges rest in the individual, are intended for his sole benefit, do not infringe... on the rights of others, and further provided the waiver of the right or privilege is not forbidden by law, and does not contravene public policy; and the principle is recognized that everyone has a right to waive, and agree to waive, the advantage of a law or rule made... solely for the benefit and protection of the individual in his private capacity, if it can be dispensed with and relinquished without infringing on any public right, and without detriment to the community at large[.]

  • ATTY. EMMANUEL D. AGUSTIN v. ALEJANDRO CRUZ-HERRERA, GR No. 174564, 2014-02-12
    Neither can a final judgment preclude a client from entering into a compromise. Rights may be waived through a compromise agreement, notwithstanding a final judgment that has already settled the rights of the contracting parties provided the compromise is shown to have been... voluntarily, freely and intelligently executed by the parties, who had full knowledge of the judgment. Additionally, it must not be contrary to law, morals, good customs and public policy.

  • EDGAR CRISOSTOMO v. SANDIGANBAYAN, GR NO. 152398, 2005-04-14
    While constitutional rights may be waived, such waiver must be clear and must be coupled with an actual intention to relinquish the... right.

In criminal cases where the imposable penalty may be death, as in the present case, the court is called upon to see to it that the accused is personally made aware of the consequences of a waiver of the right to present evidence.[64]

In fact, it is not... enough that the accused is simply warned of the consequences of another failure to attend the succeeding hearings.

the waiver of the right to present evidence in a criminal case involving a grave penalty is not assumed and taken lightly. The presence of the accused and his counsel is indispensable so that the court could personally conduct a searching inquiry into the... waiver.

the waiver of the right to present evidence in a criminal case involving a grave penalty is not assumed and taken lightly. The presence of the accused and his counsel is indispensable so that the court could personally conduct a searching inquiry into the... waiver.

  • DELA ROSA LINER v. CALIXTO B. BORELA, GR No. 207286, 2015-07-29
    In labor law, respondents' claim for 13th-month pay, overtime pay, and statutory wages (under Wages Orders 13, 14, 15 and 16), among others, cannot simply be generally waived as they are granted for... workers' protection and welfare; it takes more than a general waiver to give up workers' rights to these legal entitlements.

  • LAND v. MARIANITO C. ESQUILLO, GR NO. 152012, 2005-09-30
    Quitclaims, releases and other waivers of benefits granted by laws or contracts in favor of workers should be strictly scrutinized to protect the weak and the disadvantaged.  The waivers should be carefully examined, in regard not only to the words and... terms used, but also the factual circumstances under which they have been executed.

Article 6 of the Civil Code renders a quitclaim agreement void ab initio where the quitclaim obligates the workers concerned to forego their benefits while at the same time exempting the employer from any liability that it may choose to reject.  This runs counter to

Art. 22 of the Civil Code which provides that no one shall be unjustly enriched at the expense of another.

Not all waivers and quitclaims are invalid as against public policy.  If the agreement was voluntarily entered into and represents a reasonable settlement, it is binding on the parties and may not later be disowned simply because of a change of mind.  It... is only where there is clear proof that the waiver was wangled from an unsuspecting or gullible person, or the terms of settlement are unconscionable on its face, that the law will step in to annul the questionable transaction.  But where it is shown that the person making... the waiver did so voluntarily, with full understanding of what he was doing, and the consideration for the quitclaim is credible and reasonable, the transaction must be recognized as a valid and binding undertaking.

quitclaims in which employees voluntarily accept a reasonable amount or consideration as settlement are deemed valid.

These agreements cannot be set aside merely because the parties have subsequently changed their minds.[18]

  Consistent with... this doctrine, a tribunal has the duty of scrutinizing quitclaims brought to its attention by either party, in order to determine their validity.

  • BETTY B. LACBAYAN v. BAYANI S. SAMOY, GR No. 165427, 2011-03-21
    Respondent is not... allowed by law to waive whatever share his lawful spouse may have on the disputed properties. Basic is the rule that rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, good customs or prejudicial to a third person with a right... recognized by law.

  • PREMIERE DEVELOPMENT BANK v. CENTRAL SURETY, GR No. 176246, 2009-02-13
    A debtor, in making a voluntary payment, may at the time of payment direct an application of it to whatever account he chooses, unless he has assigned or waived that right. If the debtor does not do so, the right passes to the creditor, who may make such application as he... chooses. But if neither party has exercised its option, the court will apply the payment according to the justice and equity of the case, taking into consideration all its circumstances.

Verily, the debtor's right to apply payment can be waived and even granted to the creditor if the debtor so agrees.

Verily, the debtor's right to apply payment can be waived and even granted to the creditor if the debtor so agrees.

  • FELIPE O. MAGBANUA v. RIZALINO UY, GR NO. 161003, 2005-05-06
    Rights may be waived through a compromise agreement, notwithstanding a final judgment that has already settled the rights of the contracting parties. To be binding, the compromise must be shown to have been voluntarily, freely and intelligently executed by... the parties, who had full knowledge of the judgment. Furthermore, it must not be contrary to law, morals, good customs and public policy.

  • VALENZUELA HARDWOOD v. CA, GR No. 102316, 1997-06-30
    As a general rule patrimonial rights may be waived as... opposed to rights to personality and family rights which may not be made the subject of waiver.[26]

Being patently and undoubtedly patrimonial, petitioner's right conferred under said articles may be waived. This, the petitioner did by acceding to the... contractual stipulation that it is solely responsible for any damage to the cargo, thereby exempting the private carrier from any responsibility for loss or damage thereto. Furthermore, as discussed above, the contract of private carriage binds petitioner and private respondent... alone; it is not imbued with public policy considerations for the general public or third persons are not affected thereby.

  • LOURDES MARCOS v. NLRC, GR No. 111744, 1995-09-08
    Article 6 of the Civil Code renders a quitclaim agreement void ab initio where the quitclaim obligates the workers concerned to forego their benefits while at the same time exempting the employer from any liability that it may choose to reject.  This runs counter to

Art. 22 of the Civil Code which provides that no one shall be unjustly enriched at the expense of another.

Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.

repeals by implication are not favored. An implied repeal will not be allowed `unless it is convincingly and unambiguously demonstrated that the two laws are clear repugnant... and patently inconsistent that they cannot co-exist.'

Legis... posteriores priores contrarias abrogant. The rationale is simple: a later law repeals an earlier one because it is the later legislative will. It is to be presumed that the lawmakers knew the older law and intended to change it. In enacting the older law, the legislators could... not have known the newer one and hence could not have intended to change what they did not know. Under the Civil Code, laws are repealed only by subsequent ones --[32]... and not the other way around.

  • NESTOR B. MAGNO v. COMELEC, GR No. 147904, 2002-10-04
    laws are repealed only by subsequent ones, and not the other way around. When a subsequent law entirely encompasses the... subject matter of the former enactment, the latter is deemed repealed.

  • GOVERNOR PABLO P. GARCIA v. JOSE P. BURGOS, GR No. 124130, 1998-06-29
    Indeed, laws are repealed only by... subsequent ones,[25]... whether expressly or impliedly. There is no express repeal of said laws, as they were not even mentioned in the memorandum, either by number or by text. Neither can there be an implied repeal, since it was not "convincingly and... unambiguously demonstrated" that the mention in the memorandum of a right of first refusal was so repugnant and inconsistent with said laws as to defy harmonization. Basic is the rule in statutory construction that implied repeals are not favored.[26]

In... addition, the memorandum was merely an expression of an executive directive to subordinates, not a legislative enactment.

prior to the declaration of nullity such challenged legislative or executive act must have been in force and had to be complied... with.

until after the judiciary, in an appropriate case, declares its invalidity, it is entitled to obedience and respect. Parties may have acted under it and may have changed their positions. What could be more fitting than that in a subsequent litigation... regard be had to what has been done while such legislative or executive act was in operation and presumed to be valid in all respects. It is now accepted as a doctrine that prior to its being nullified, its existence as a fact must be reckoned with.

because the judiciary is the governmental organ which has the final say on whether or not a legislative or executive measure is valid, a period of time may have elapsed before it can exercise the power of judicial review that may lead to a... declaration of nullity. It would be to deprive the law of its quality of fairness and justice then, if there be no recognition of what had transpired prior to such adjudication.

The actual existence of a statute, prior to such a determination [of unconstitutionality], is an operative fact and may have consequences which cannot justly be ignored. The past cannot always be erased by a new judicial... declaration. The effect of the subsequent ruling as to invalidity may have to be considered in various aspects, with respect to particular relations, individual and corporate, and particular conduct, private and official

Clearly, for the operative fact doctrine to apply, there must be a "legislative or executive measure," meaning a law or executive issuance, that is invalidated by the court. From the passage of such law or promulgation of such executive issuance until its... invalidation by the court, the effects of the law or executive issuance, when relied upon by the public in good faith, may have to be recognized as valid.

  • MARIA CAROLINA P. ARAULLO v. BENIGNO SIMEON C. AQUINO III, GR No. 209287, 2014-07-01
    The doctrine of operative fact recognizes the existence of the law or executive act prior to the determination of its unconstitutionality as an operative fact that produced consequences that cannot always be erased, ignored or disregarded. In short, it nullifies the void law or... executive act but sustains its effects. It provides an exception to the general rule that a void or unconstitutional law produces no effect.

But its use must be subjected to great scrutiny and circumspection, and it cannot be invoked to validate an... unconstitutional law or executive act, but is resorted to only as a matter of equity and fair play.

It applies only to cases where extraordinary circumstances exist, and only when the extraordinary circumstances have met the stringent conditions that... will permit its application.

To be clear, the doctrine of operative fact extends to a void or unconstitutional executive act. The term executive act is broad enough to include any and all acts of the Executive, including those that are quasi-legislative and quasi-judicial in nature.

Contrarily, the term 'executive act' is broad enough to encompass decisions of administrative bodies and agencies under the executive department which are subsequently revoked by the agency in question or nullified by the Court.

The doctrine of operative fact serves as an exception to the aforementioned general rule.

The doctrine of operative fact, as an exception to the general rule, only applies as a matter of equity and fair play. It nullifies the effects of an unconstitutional law by recognizing that the existence of a statute prior to a determination of... unconstitutionality is an operative fact and may have consequences which cannot always be ignored. The past cannot always be erased by a new judicial declaration.

The doctrine is applicable when a declaration of unconstitutionality will impose an undue burden on those who have relied on the invalid law. Thus, it was applied to a criminal case when a declaration of unconstitutionality would put the accused in double jeopardy or would put... in limbo the acts done by a municipality in reliance upon a law creating it.

the Operative Fact Doctrine will not be applied as an exception when to rule otherwise would be iniquitous and would send a wrong signal that an act may be justified when based on an unconstitutional provision of law.

  • LEAGUE OF CITIES OF PHILIPPINES v. COMELEC, GR No. 176951, 2010-08-24
    The doctrine of operative fact, as an exception to the general rule, only applies as a matter of equity and fair play. It nullifies the effects of an unconstitutional law by recognizing that the existence of a statute prior to a determination of unconstitutionality is... an operative fact and may have consequences which cannot always be ignored. The past cannot always be erased by a new judicial declaration.

The doctrine is applicable when a declaration of unconstitutionality will impose an undue burden on those who have relied on the invalid law. Thus, it was applied to a criminal case when a declaration of unconstitutionality would put the accused in double jeopardy or would put... in limbo the acts done by a municipality in reliance upon a law creating it.

The operative fact doctrine never validates or constitutionalizes an unconstitutional law. Under the operative fact doctrine, the unconstitutional law remains unconstitutional, but the effects of the unconstitutional law, prior to its judicial declaration of... nullity, may be left undisturbed as a matter of equity and fair play.  In short, the operative fact doctrine affects or modifies only the effects of the unconstitutional law, not the unconstitutional law itself.

Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.

  • CONCHITA CARPIO MORALES v. CA, GR Nos. 217126-27, 2015-11-10
    this Court's abandonment of the condonation doctrine should be prospective in application for the reason that judicial decisions applying or interpreting the laws or the Constitution, until reversed, shall form part of the legal... system of the Philippines.

Unto this Court devolves the sole authority to interpret what the Constitution means, and all persons are bound to follow its interpretation.

Judicial decisions assume the same authority as a statute itself and, until authoritatively abandoned, necessarily become, to the extent that they are applicable, the criteria that must control the actuations, not only of those called upon to abide by them, but also... of those duty-bound to enforce obedience to them.

[W]hen a doctrine of this Court is overruled and a different view is adopted, the new doctrine should be applied prospectively, and should not apply to parties who had relied on the old doctrine and acted on the faith thereof.

But while our decisions form part of the law of the land, they are also subject to Article 4... of the Civil Code which provides that "laws shall have no retroactive effect unless the contrary is provided." This is expressed in the familiar legal maxim lex prospicit, non respicit, the law looks forward not backward. The rationale against retroactivity is easy to... perceive. The retroactive application of a law usually divests rights that have already become vested or impairs the obligations of contract and hence, is unconstitutional.

  • ARTURO M. DE CASTRO v. JBC, GR No. 191002, 2010-04-20
    Judicial decisions assume the same authority as a statute itself and, until authoritatively abandoned, necessarily become, to the extent that they are applicable, the criteria that must control the actuations, not only of those called upon to abide by them, but also of those... duty-bound to enforce obedience to them.

In a hierarchical judicial system like ours, the decisions of the higher courts bind the lower courts, but the courts of co-ordinate authority do not bind each other. The one highest court does not bind itself,... being invested with the innate authority to rule according to its best lights.

  • NELSIE B. CA ETE v. GENUINO ICE COMPANY, GR No. 154080, 2008-01-22
    The trial court must likewise apply relevant statutes and jurisprudence in determining whether the allegations in a complaint establish a cause of action.  While it focuses on the complaint, a court clearly cannot disregard decisions material to the proper appreciation of... the questions before it.  In resolving a motion to dismiss, every court must take cognizance of decisions this Court has rendered because they are proper subjects of mandatory judicial notice.  The said decisions, more importantly, form part of the legal system, and... failure of any court to apply them shall constitute an abdication of its duty to resolve a dispute in accordance with law, and shall be a ground for administrative action against an inferior court magistrate.

  • VISAYAS GEOTHERMAL POWER COMPANY v. CIR, GR No. 197525, 2014-06-04
    Article 8 of the Civil Code provides that judicial decisions applying or interpreting the law shall form part of the legal system of the Philippines and shall have the force of law. The interpretation placed upon a law by a competent court establishes the contemporaneous... legislative intent of the law. Thus, such interpretation constitutes a part of the law as of the date the statute is enacted. It is only when a prior ruling of the Court is overruled, and a different view adopted, that the new doctrine may have to be applied prospectively in... favor of parties who have relied on the old doctrine and have acted in good faith.

  • MA. REGINA S. PERALTA v. JUDGE GEORGE E. OMELIO, AM No. RTJ-11-2259, 2013-10-22
    A court shall take judicial notice, without the introduction of evidence, of the... the official acts of the... judicial departments of the Philippines

The said decisions, more importantly, "form part of the legal system," and failure of any court to apply them shall constitute an abdication of its duty to resolve a dispute in accordance with law, and shall be a ground for administrative action against an inferior court... magistrate.

The said decisions, more importantly, "form part of the legal system," and failure of any court to apply them shall constitute an abdication of its duty to resolve a dispute in accordance with law, and shall be a ground for administrative action against an inferior court... magistrate.

  • PURISIMO M. CABAOBAS v. PEPSI-COLA PRODUCTS, GR No. 176908, 2015-03-25
    The doctrine of stare decisis embodies the legal maxim that a principle or rule of law which has been established by the decision of a court of controlling jurisdiction will be followed in other cases involving a similar situation. It is founded on the... necessity for securing certainty and stability in the law and does not require identity of or privity of parties. This is unmistakable from the wordings of Article 8 of the Civil Code. It is even said that such decisions "assume the same authority as the statute itself and,... until authoritatively abandoned, necessarily become, to the extent that they are applicable, the criteria which must control the actuations not only of those called upon to decide thereby but also of those in duty bound to enforce obedience thereto." Abandonment thereof must be... based only on strong and compelling reasons, otherwise, the becoming virtue of predictability which is expected from this Court would be immeasurably affected and the public's confidence in the stability of the solemn pronouncements diminished.

Under the doctrine of stare decisis, when a court has laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle and apply it to all future cases in which the facts are substantially the same, even though the... parties may be different. Where the facts are essentially different, however, stare decisis does not apply, for a perfectly sound principle as applied to one set of facts might be entirely inappropriate when a factual variant is introduced.

  • MARY GRACE NATIVIDAD S. POE-LLAMANZARES v. COMELEC, GR No. 221697, 2016-03-08
    it "should be prospective in application for the reason that judicial decisions applying or interpreting the laws of the Constitution, until reversed, shall form part of the legal system of the Philippines." This Court also said that "while the future may ultimately uncover a doctrine's error, it should be, as a general rule, recognized as good law prior to its abandonment. Consequently, the people's reliance thereupon should be respected.

  • CIR v. SAN ROQUE POWER CORPORATION, GR No. 187485, 2013-02-12
    decisions of the Supreme Court "applying or interpreting the laws or the Constitution . . . form part of the legal system of the Philippines," and, as it were, "laws" by their own right because they interpret what the laws say or mean.

Unlike rulings of the lower courts, which bind the parties to specific cases alone, our judgments are universal in their scope and application, and equally mandatory in character. Let it be warned that to defy our decisions is to court contempt.

The principle of stare decisis et non quieta movere is entrenched in Article 8 of the Civil Code

It enjoins adherence to judicial precedents. It requires our courts to follow a rule already established in a final decision of the Supreme Court. That decision becomes a judicial precedent to be followed in subsequent cases by all courts in the land. The doctrine of... stare decisis is based on the principle that once a question of law has been examined and decided, it should be deemed settled and closed to further argument.

It is only when a prior ruling of this Court is overruled, and a different view is adopted, that the new doctrine may have to be applied prospectively in favor of parties who have relied on the old doctrine and have acted in good faith, in accordance therewith under the familiar... rule of "lex prospicit, non respicit.

  • FILINVEST DEVELOPMENT CORPORATION v. CIR, GR NO. 146941, 2007-08-09
    [B]y tradition and in our system of judicial administration this Court has the last word on what the law is, and that its decisions applying or interpreting the laws or the Constitution form part of the legal system of the country, all other courts should take their... bearings from the decisions of this Court, ever mindful of what this Court said fifty-seven years ago in People vs. Vera that "[a] becoming modesty of inferior courts demands conscious realization of the position that they occupy in the interrelation and operation of the... integrated judicial system of the nation."

The principle of stare decisis et non quieta movere, as embodied in Article 8 of the Civil Code of the Philippines,[29]... enjoins adherence to judicial precedents. It requires our courts to follow a rule already established in a final decision of the

Supreme Court. That decision becomes a judicial precedent to be followed in subsequent cases by all courts in the land.

  • ROSA YAP PARAS v. JUSTO J. PARAS, GR NO. 147824, 2007-08-02
    The 'doctrine of stare decisis,' ordained in Article 8 of the Civil Code, expresses that judicial decisions applying or interpreting the law shall form part of the legal system of the Philippines. The rule follows the settled legal maxim - 'legis... interpretado legis vim obtinet' that the interpretation placed upon the written law by a competent court has the force of law. The interpretation or construction placed by the courts establishes the contemporaneous legislative intent of the law. The latter as so... interpreted and construed would thus constitute a part of the law as of the date the statute is enacted. It is only when a prior ruling of this Court finds itself later overruled, and a different view is adopted, that the new doctrine may have to be applied prospectively... in favor of parties who have relied on the old doctrine and have acted in good faith in accordance therewith under the familiar rule of 'lex prospicit, non replicit.'

No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.

  • FLORESCA v. PHILEX MINING CORPORATION, GR No. L-30642, 1985-04-30
    in certain instances, the court... do and must legislate" to fill in the gaps in the law; because the mind of the legislator, like all human beings, is... finite and therefore cannot envisage all possible cases to which the law may apply. Nor has the human mind the infinite capacity to anticipate all situations.

  • ROMMEL JACINTO DANTES SILVERIO v. REPUBLIC, GR NO. 174689, 2007-10-19
    To grant the changes sought by petitioner will substantially reconfigure and greatly alter the laws on marriage and family relations. It will allow the union of a man with another man who has undergone sex reassignment (a male-to-female post-operative... transsexual). Second, there are various laws which apply particularly to women such as the provisions of the Labor Code on employment of women,[39]... certain felonies under the Revised Penal Code[40]... and the presumption of survivorship... in case of calamities under Rule 131 of the Rules of Court,[41]... among others. These laws underscore the public policy in relation to women which could be substantially affected if petitioner's petition were to be granted.

It is true that Article 9 of the Civil Code mandates that "[n]o judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the law." However, it is not a license for courts to engage in judicial legislation. The duty of the courts is... to apply or interpret the law, not to make or amend it.

In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

  • NIPPON EXPRESS CORPORATION v. CIR, GR No. 196907, 2013-03-13
    the first and fundamental duty of the Court is to apply the law. When the law is clear and free from any doubt or ambiguity, there is no room for construction or interpretation. As has been our consistent ruling, where the law speaks in clear... and categorical language, there is no occasion for interpretation; there is only room for application

Where the law is clear and unambiguous, it must be taken to mean exactly what it says and the court has no choice but to see to it that its mandate is obeyed

Only when the law is ambiguous or of doubtful meaning may the court interpret or construe its true intent. Ambiguity is a condition of admitting two or more meanings, of being understood in more than one way, or of referring to two or more things at the same time. A statute is... ambiguous if it is admissible of two or more possible meanings, in which case, the Court is called upon to exercise one of its judicial functions, which is to interpret the law according to its true intent.

  • HACIENDA LUISITA v. PRESIDENTIAL AGRARIAN REFORM COUNCIL, GR No. 171101, 2011-11-22
    Where the law is clear and unambiguous, it must be taken to mean exactly what it says and the court has no choice but to see to it that its mandate is obeyed. Where the law is clear and free from doubt or ambiguity, there is no room for construction or... interpretation. Thus, where what is not clearly provided in the law is read into the law by construction because it is more logical and wise, it would be to encroach upon legislative prerogative to define the wisdom of the law, which is judicial legislation. For whether a... statute is wise or expedient is not for the courts to determine. Courts must administer the law, not as they think it ought to be but as they find it and without regard to consequences.

Regardless of the personal beliefs and biases of its individual members, this Court can only apply and interpret the Constitution and the laws. Its power is not to create policy but to recognize, review or reverse the policy crafted by the political departments if... and when a proper case is brought before it. Otherwise, it will tread on the dangerous grounds of judicial legislation.

  • HEIRS OF MARIO GEVERO v. GUIHING AGRICULTURAL, GR NO. 122619, 2006-08-18
    the law is not entirely bereft of solutions in such cases. In instances where a literal application of a provision of law would lead to injustice or to a result so directly in opposition which the dictates of logic and everyday common sense as to be... unconscionable, the Civil Code admonishes judges to take principles of right and justice at heart. In case of doubt, the intent is to promote right and justice. Fiat justicia ruat coelum. Stated differently, when a provision of law is silent or ambiguous, judges ought to... invoke a solution responsive to the vehement urge of conscience.

  • KAREN E. SALVACION v. CENTRAL BANK OF PHILIPPINES, GR No. 94723, 1997-08-21
    the application of the law depends on the extent of its justice. Eventually, if we rule that the questioned Section 113 of Central Bank Circular No. 960 which exempts from attachment, garnishment, or any other order or process of any court. Legislative body, government... agency or any administrative body whatsoever, is applicable to a foreign transient, injustice would result especially to a citizen aggrieved by a foreign guest like accused Greg Bartelli. This would negate Article 10 of the New Civil Code which provides that "in case of doubt in... the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. "Ninguno non deue enriquecerse tortizerzmente con damo de otro." Simply stated, when the statute is silent or ambiguous, this is one of those fundamental... solutions that would respond to the vehement urge of conscience.

  • ERNESTO PONCE v. NLRC, GR NO. 158244, 2005-08-09
    But what is missing in the rules may be found in the general principles of logic, justice and equity.

  • IN MATTER OF ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA HONORATO B. CATINDIG, GR NO. 148311, 2005-03-31
    This provision, according to the Code Commission, "is necessary so that it may tip the scales in favor of right and justice when the law is doubtful or obscure. It will strengthen the determination of the courts to avoid an injustice which may apparently be authorized by some... way of interpreting the law.

Hence, since there is no law prohibiting an illegitimate child adopted by her natural father, like Stephanie, to use, as middle name her mother's surname, we find no reason why she should not be allowed to do so.

  • Read the concurring opinion of Justice Makalintal: REPUBLIC v. JAIME DE LOS ANGELES, GR No. L-26112, 1972-04-11
    The judgment must be read in its entirety and it must be construed as a whole so as to bring all of its parts into harmony as far as this can be done by fair and reasonable interpretation and so as to give effect to every word and part, if possible, and to effectuate the... obvious intention and purpose of the Court, consistent with the provisions of the organic law.

Doubtful or ambiguous judgments are to have a reasonable intendment to do justice and avoid wrong.  When a judgment is susceptible of two interpretations, that will be adopted which renders it the more reasonable, effective, and conclusive, and which makes the judgment... harmonize with the facts and law of the case and be such as ought to have been rendered.

When language of decree is susceptible of two constructions, from one of which it follows that the law has been correctly applied to facts and from other that law has been incorrectly applied, that construction should be adopted which correctly applies the law.

Necessary legal implications are included altho not expressed in terms, but the adjudication does not extend beyond what the language, governs.  In case of doubt or ambiguity, the entire record may be examined and considered.  Where a judgment is... susceptible of two interpretations, that one will be adopted which renders it more reasonable, effective and conclusive and which makes the judgment harmonize with the facts and law of the case and be such as ought to have been rendered.

As a general rule, judgments are to be construed like other written instruments.  The determinative factor is the intention of the court, as gathered from all parts of the judgment itself.  In applying this rule, effect must be given to that which is unavoidably... and necessarily implied in a judgment, as well as to that which is expressed in the most appropriate language.  Such construction should be given to a judgment as will give force and effect to every word of it, if possible, and make it as a whole consistent, effective, and... reasonable.  Sometimes, it is declared that the interpretation of a judgment must be characterized by justice and fairness.  If a judgment is susceptible of two interpretations, one of which would render it legal and the other illegal, the court will adopt the... former.

The judgment may be read in connection with the entire record and construed accordingly, at least where there is uncertainty and ambiguity.  In the latter case, it is proper to consider the pleadings, and verdicts or findings, in light of the applicable... statutes

The judgment may be read in connection with the entire record and construed accordingly, at least where there is uncertainty and ambiguity.  In the latter case, it is proper to consider the pleadings, and verdicts or findings, in light of the applicable... statutes.  If a finding is inconsistent with the judgment proper or decretal part of the decree, the latter must control.  The issues involved in the action are also important factors in determining what was intended by the judgment.

A custom must be proved as a fact, according to the rules of evidence.

  • BOARD OF COMMISSIONERS v. JOSELITO DELA ROSA, GR Nos. 95122, 1991-05-31
    As We held in Qua Chee Gan v. Deportation Board (supra), "(t)he constitution does not distinguish warrants between a criminal case and administrative proceedings.  And if one suspected of having committed a crime is entitled to a determination of the probable... cause against him, by a judge, why should one suspected of a violation of an administrative nature deserve less guarantee

It is not indispensable that the alleged alien be arrested for purposes of investigation.  If the purpose of the issuance of the... warrant of arrest is to determine the existence of probable cause, surely, it cannot pass the test of constitutionality for only judges can issue the same

Custom is defined as 'a rule of conduct formed by repetition of acts, uniformly observed (practiced) as a social rule, legally binding and obligatory.' The law requires that 'a custom must be proved as a fact, according to the rules of evidence' (Article 12, Civil Code). 

On this score the Court had occasion to state that 'a local custom as a source of right can not be considered by a court of justice unless such custom is properly established by competent evidence like any other fact'

The same evidence, if not one of a higher degree, should be required of a foreign custom.

The law requires that "a custom must be proved as a fact, according to the rules of evidence"

On this score the Court had occasion to state... that "a local custom as a source of right can not be considered by a court of justice unless such custom is properly established by competent evidence like any other fact"

The same evidence, if not one of a higher degree,... should be required of a foreign custom.

When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise.If months are designated by their name, they shall be computed by the number of days which they respectively have. In computing a period, the first day shall be excluded, and the last day included.

  • CIR v. PRIMETOWN PROPERTY GROUP, GR NO. 162155, 2007-08-28
    Both Article 13 of the Civil Code and Section 31, Chapter VIII, Book I of the Administrative Code of 1987 deal with the same subject matter - the computation of legal periods. 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, however, 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, we hold that Section 31, Chapter VIII, Book I of the Administrative Code of 1987, being the more recent law,... governs the computation of legal periods. Lex posteriori derogat priori.

One born on the first day of the year is consequently deemed to be one year old on the 365th day after his birth -- the last day of the year.[35]

In computing years, the first year is reached after completing the first 365... days. After the first 365th day, the first day of the second 365-day cycle begins. On the 365th day of the second cycle, the person turns two years old. This cycle goes on and on in a lifetime. A person turns 21 years old on the 365th day of his 21st 365-day cycle. This means on... his 21st birthday, he has completed the entire span of 21 365-day cycles. After this birthday, the 365-day cycle for his 22nd year begins. The day after the 365th day is the first day of the next 365-day cycle and he turns 22 years old on the 365th day.

  • CIR v. AICHI FORGING COMPANY OF ASIA, GR No. 184823, 2010-10-06
    as between the Civil Code, which provides that a year is equivalent to 365 days, and the Administrative Code of 1987, which states that a year is composed of 12... calendar months, it is the latter that must prevail following the legal maxim, Lex posteriori derogat priori.

Both Article 13 of the Civil Code and Section 31, Chapter VIII, Book I of the Administrative Code of 1987 deal with the same subject matter - the computation of legal periods. 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, however, 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, we hold that Section 31, Chapter VIII,... Book I of the Administrative Code of 1987, being the more recent law, governs the computation of legal periods. Lex posteriori derogat priori.

This is in conformity with paragraph one, Article 13 of the Civil Code, which provides that the months... which are not designated by their names shall be understood as consisting of thirty (30) days each. The number of months in the probationary period, six (6), should then be multiplied by the number of days within a month, thirty (30); hence, the period of one hundred eighty

(180) days.

As clearly provided for in the last paragraph of Article 13, in computing a period, the first day shall be excluded and the last day included. Thus, the one hundred eighty (180) days commenced on May 27, 1996, and ended on November 23, 1996. The termination letter dated

November 25, 1996 was served on respondent Paras only at 3:00 a.m. of

November 26, 1996. He was, by then, already a regular employee of the petitioner under Article 281 of the Labor Code.

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.

  • NORMA A. DEL SOCORRO v. ERNST JOHAN BRINKMAN VAN WILSEM, GR No. 193707, 2014-12-10
    petitioner cannot rely on Article 195[34]... of the New Civil Code in demanding support from respondent, who is a foreign citizen, since Article 15[35]... of the New Civil Code stresses the... principle of nationality. In other words, insofar as Philippine laws are concerned, specifically the provisions of the Family Code on support, the same only applies to Filipino citizens. By analogy, the same principle applies to foreigners such that they are governed by their... national law with respect to family rights and duties.[36]

The obligation to give support to a child is a matter that falls under family rights and duties.  Since the respondent is a citizen of Holland or the Netherlands, we agree with the RTC-Cebu that he is subject to the laws of his country, not to Philippine law, as to whether... he is obliged to give support to his child, as well as the consequences of his failure to do so.

being still aliens, they are not in position to invoke the provisions of the Civil Code of the Philippines, for that Code cleaves to the principle that family rights and duties are governed by their personal law, i.e., the laws of the... nation to which they belong even when staying in a foreign country

It is incumbent upon respondent to plead and prove that the national law of the Netherlands does not impose upon the parents the obligation to support their child (either before, during or after the issuance of a divorce decree)... when the foreign law, judgment or contract is contrary to a sound and established public policy of the forum, the said foreign law, judgment or order shall not be applied.

The public policy sought to be protected in the instant case is the principle imbedded in our jurisdiction proscribing the splitting up of a single cause of action.

Moreover, foreign law should not be applied when its application would work undeniable injustice to the citizens or residents of the forum.

  • SOLEDAD L. LAVADIA v. HEIRS OF JUAN LUCES LUNA, GR No. 171914, 2014-07-23
    Divorce between Filipinos is void and ineffectual under the nationality rule adopted by Philippine law. Hence, any settlement of property between the parties of the first marriage involving Filipinos submitted as an incident of a divorce obtained in a... foreign country lacks competent judicial approval, and cannot be enforceable against the assets of the husband who contracts a subsequent marriage.

Pursuant to the... nationality rule, Philippine laws governed this case by virtue of both Atty. Luna and Eugenio having remained Filipinos until the death of Atty. Luna on July 12, 1997 terminated their marriage.

The non-recognition of absolute divorce between Filipinos has remained even under the Family

Code,[16]... even if either or both of the spouses are residing abroad.[17]

Indeed, the only two types of defective marital unions under our laws have been the void and the voidable marriages. As such, the remedies against such... defective marriages have been limited to the declaration of nullity of the marriage and the annulment of the marriage.

Conformably with the nationality rule, however, the... divorce, even if voluntarily obtained abroad, did not dissolve the marriage between Atty. Luna and Eugenia, which subsisted up to the time of his death on July 12, 1997. This finding conforms to the Constitution, which characterizes marriage as an inviolable social... institution,[19]... and regards it as a special contract of permanent union between a man and a woman for the establishment of a conjugal and family life.

A foreign judgment relating to the status of a marriage affects the civil status, condition and legal capacity of its parties. However, the effect of a foreign judgment is not automatic. To extend the effect of a foreign judgment in the Philippines, Philippine courts must... determine if the foreign judgment is consistent with domestic public policy and other mandatory laws.[60] Article 15 of the Civil Code provides that "[l]aws 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." This is the rule of lex nationalii in private international law. Thus, the Philippine State may require, for effectivity in the Philippines, recognition by Philippine courts of a foreign judgment... affecting its citizen, over whom it exercises personal jurisdiction relating to the status, condition and legal capacity of such citizen.

A petition to recognize a foreign judgment declaring a marriage void does not require relitigation under a Philippine court of the case as if it were a new petition for declaration of nullity of marriage. Philippine courts cannot presume to know the foreign laws under which the... foreign judgment was rendered. They cannot substitute their judgment on the status, condition and legal capacity of the foreign citizen who is under the jurisdiction of another state. Thus, Philippine courts can only recognize the foreign judgment as a fact according to... the rules of evidence.

  • ELMAR O. PEREZ v. CA, GR NO. 162580, 2006-01-27
    Regardless of where a citizen of the Philippines might be, he or she will be governed by Philippine laws with... respect to his or her family rights and duties, or to his or her status, condition and legal capacity. Hence, if a Filipino regardless of whether he or she was married here or abroad, initiates a petition abroad to obtain an absolute divorce from spouse and eventually becomes... successful in getting an absolute divorce decree, the Philippines will not recognize such absolute divorce.

  • GRACE J. GARCIA v. REDERICK A. RECIO, GR No. 138322, 2001-10-02
    A divorce obtained abroad by an alien may be recognized in our jurisdiction, provided such decree is valid according to the national law of the foreigner. However, the divorce decree and the governing personal law of the alien spouse who obtained the divorce... must be proven.  Our courts do not take judicial notice of foreign laws and judgments; hence, like any other facts, both the divorce decree and the national law of the alien must be alleged and proven according to our law on evidence.

Philippine law does not provide for absolute divorce; hence, our courts cannot grant it.[21]

A marriage between two Filipinos cannot be dissolved... even by a divorce obtained abroad, because of Articles 15[22]... and 17[23]... of the Civil Code.[24]

In mixed marriages involving a Filipino and a foreigner, Article 26[25]... of the Family Code... allows the former to contract a subsequent marriage in case the divorce is "validly obtained abroad by the alien spouse capacitating him or her to remarry."[26]

A divorce obtained abroad by a couple, who are both aliens, may be recognized in the

Philippines, provided it is consistent with their respective national laws.

A comparison between marriage and divorce, as far as pleading and proof are concerned, can be made.  Van Dorn v. Romillo Jr. decrees that "aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are valid according to their... national law."[28]

Therefore, before a foreign divorce decree can be recognized by our courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it.[29]

Presentation... solely of the divorce decree is insufficient.

the legal capacity to contract marriage is determined by the national law of the party concerned.  The certificate mentioned in Article 21 of the Family Code would have been sufficient to establish the legal capacity of respondent, had he duly... presented it in court. A duly authenticated and admitted certificate is prima facie evidence of legal capacity to marry on the part of the alien applicant for a marriage license.

, only Philippine nationals are covered by the policy against absolute divorces the same being considered contrary to our concept of public policy and... morality.  However, aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are valid according to their national law.

To maintain, as private respondent does, that, under our laws, petitioner has to be considered still married to private respondent and still subject to a wife's obligations under Article 109, et. seq. of the Civil Code cannot be just.  Petitioner should not be... obliged to live together with, observe respect and fidelity, and render support to private respondent.  The latter should not continue to be one of her heirs with possible rights to conjugal property.  She should not be discriminated against in her own country if the... ends of justice are to be served.

Real property as well as personal property is subject to the law of the country where it is situated. 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.

Each State of the union has its own law applicable to its citizens and in force only within the State.  It can therefore refer to no other than the law of the State of which the decedent was a resident.[39] Second, there is no showing that the... application of the renvoi doctrine is called for or required by New York State law.

If this condition as it is  expressed  were legal and valid, any legatee  who fails to  comply with  it, as the  herein oppositor who,  by  his  attitude  in these proceedings  has not respected the will of the testator, as... expressed,  is prevented from receiving  his  legacy.

And  said  condition  is contrary  to law because  it expressly ignores the testator's national law when, according to  article  10  of the Civil  Code above quoted,  such national law of the testator is the one to govern ... his testamentary dispositions.

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.

  • REPUBLIC v. SANDIGANBAYAN, GR No. 108292, 1993-09-10
    While... the rule of lex loci celeborationis generally governs forms and solemnities of contracts under Article 17 of the Civil Code... the principle of lex... rei sitae generally applies with respect to formalities for the acquisition, encumbrance, and alienation of real and personal property

And relative to this... precept on lex situs, Philippine substantive law is certainly clear on the matter that contracts are obligatory, in whatever form they may have been entered into, subject to the existence of all the essential requisites for their validity (Article

1356, New Civil Code). The fact that the compromise agreement was not authenticated before the consular officers abroad, as well as the absence of witnesses, cannot be of much legal significance under Philippine law inasmuch as the requirement under Article 1358(a) of the

Civil Code, that a contract intended to extinguish or transmit real rights over the immovables must be in a public document is merely designed for greater efficacy or convenience

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.

Article 17 of the

Civil Code provides that the policy against absolute divorces cannot be subverted by judgments promulgated in a foreign country.  The inclusion of the second paragraph in Article 26 of the Family Code provides the direct exception to this rule and serves as basis for... recognizing the dissolution of the marriage between the Filipino spouse and his or her alien spouse.

Additionally, an action based on the second paragraph of Article 26 of the Family Code is not limited to the recognition of the foreign divorce decree.  If the court finds that the decree capacitated the alien spouse to remarry, the courts can declare that the Filipino... spouse is likewise capacitated to contract another marriage.  No court in this jurisdiction, however, can make a similar declaration for the alien spouse (other than that already established by the decree), whose status and legal capacity are generally governed by his... national law.

The foreign divorce decree is presumptive evidence of a right that clothes the party with legal interest to petition for its recognition in this jurisdiction... the unavailability of the second paragraph of Article 26 of the Family Code to aliens does not necessarily strip Gerbert of legal interest to petition the RTC for the recognition of his foreign divorce decree.  The foreign divorce decree itself, after its... authenticity and conformity with the alien's national law have been duly proven according to our rules of evidence, serves as a presumptive evidence of right in favor of Gerbert, pursuant to Section 48, Rule 39 of the Rules of Court which provides for the effect of foreign... judgments.

  • NORMA A. DEL SOCORRO v. ERNST JOHAN BRINKMAN VAN WILSEM, GR No. 193707, 2014-12-10
    petitioner cannot rely on Article 195[34]... of the New Civil Code in demanding support from respondent, who is a foreign citizen, since Article 15[35]... of the New Civil Code stresses the... principle of nationality. In other words, insofar as Philippine laws are concerned, specifically the provisions of the Family Code on support, the same only applies to Filipino citizens. By analogy, the same principle applies to foreigners such that they are governed by their... national law with respect to family rights and duties.[36]

The obligation to give support to a child is a matter that falls under family rights and duties.  Since the respondent is a citizen of Holland or the Netherlands, we agree with the RTC-Cebu that he is subject to the laws of his country, not to Philippine law, as to whether... he is obliged to give support to his child, as well as the consequences of his failure to do so.

being still aliens, they are not in position to invoke the provisions of the Civil Code of the Philippines, for that Code cleaves to the principle that family rights and duties are governed by their personal law, i.e., the laws of the... nation to which they belong even when staying in a foreign country

It is incumbent upon respondent to plead and prove that the national law of the Netherlands does not impose upon the parents the obligation to support their child (either before, during or after the issuance of a divorce decree)... when the foreign law, judgment or contract is contrary to a sound and established public policy of the forum, the said foreign law, judgment or order shall not be applied.

The public policy sought to be protected in the instant case is the principle imbedded in our jurisdiction proscribing the splitting up of a single cause of action.

Moreover, foreign law should not be applied when its application would work undeniable injustice to the citizens or residents of the forum.

A foreign judgment relating to the status of a marriage affects the civil status, condition and legal capacity of its parties. However, the effect of a foreign judgment is not automatic. To extend the effect of a foreign judgment in the Philippines, Philippine courts must... determine if the foreign judgment is consistent with domestic public policy and other mandatory laws.[60] Article 15 of the Civil Code provides that "[l]aws 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." This is the rule of lex nationalii in private international law. Thus, the Philippine State may require, for effectivity in the Philippines, recognition by Philippine courts of a foreign judgment... affecting its citizen, over whom it exercises personal jurisdiction relating to the status, condition and legal capacity of such citizen.

A petition to recognize a foreign judgment declaring a marriage void does not require relitigation under a Philippine court of the case as if it were a new petition for declaration of nullity of marriage. Philippine courts cannot presume to know the foreign laws under which the... foreign judgment was rendered. They cannot substitute their judgment on the status, condition and legal capacity of the foreign citizen who is under the jurisdiction of another state. Thus, Philippine courts can only recognize the foreign judgment as a fact according to... the rules of evidence.

  • EDGAR SAN LUIS v. FELICIDAD SAN LUIS, GR NO. 133743, 2007-02-06
    Unquestionably, the law should never be interpreted in such a way as to cause injustice as this is never within the legislative intent. An indispensable part of that intent, in fact, for we presume the good motives of the legislature, is to render... justice.

Thus, we interpret and apply the law not independently of but in consonance with justice. Law and justice are inseparable, and we must keep them so. To be sure, there are some laws that, while generally valid, may seem arbitrary when applied in a particular case because of its... peculiar circumstances. In such a situation, we are not bound, because only of our nature and functions, to apply them just the same, in slavish obedience to their language. What we do instead is find a balance between the word and the will, that justice may be done even as the... law is obeyed.

As judges, we are not automatons. We do not and must not unfeelingly apply the law as it is worded, yielding like robots to the literal command without regard to its cause and consequence. "Courts are apt to err by sticking too closely to the words of a law," so we are warned,... by Justice Holmes again, "where these words import a policy that goes beyond them."

Whether employed locally or overseas, all Filipino workers enjoy the protective mantle of Philippine labor and social legislation, contract stipulations to the contrary notwithstanding. This pronouncement is in keeping with the basic public policy of the

State to afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employers. For the State assures the basic rights of all workers to self-organization, collective... bargaining, security of tenure, and just and humane conditions of work [Article 3 of the Labor Code of the Philippines; See also Section 18, Article II and Section 3, Article XIII, 1987 Constitution]. This ruling is likewise rendered imperative by Article 17 of the Civil Code... which states that laws 'which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determination or conventions agreed upon in a foreign country.

Even more, the grant of effectivity in this jurisdiction to such foreign divorce decrees would, in effect, give rise to an irritating and scandalous decimation in favor of wealthy citizens, to the detriment of those members of our polity whose means do not permit them to sojourn... abroad and obtain absolute divorces outside the Philippines.

Additionally, 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.[34]

The public policy sought to be protected in the instant case is the principle imbedded in our jurisdiction proscribing the splitting up of a single cause of action.

In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code.

  • AGUSTIN P. DELA TORRE v. CA, GR No. 160088, 2011-07-13
    none of the provisions found in the Code of Commerce deals with the... specific rights and obligations between the real shipowner and the charterer obtaining in this case. Necessarily, the Court looks to the New Civil Code to supply the deficiency.

Thus, the RTC and the CA were both correct in applying the statutory... provisions of the New Civil Code in order to define the respective rights and obligations of the opposing parties.

In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code.

Thus, reference may be made to the definition of a donation in the Civil Code. Article 725 of said Code defines donation as:

. . . an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it.

There is a clear difference, from the standpoint of legislative policy, between attorney's fees to be paid by the laborer and fees awarded by the Court to be paid by the employer. The plain intent of the statute is that the compensation to be received by the injured workman... should not be reduced by more than ten per cent on account of lawyer's fees. This purpose is attained where the fees are to be paid by the employer, since the compensation receivable by the workman is then in no way diminished. In the latter eventuality, all that the law... requires is that the counsel fees should be reasonable.

  • RAFAEL ENRIQUEZ v. SUN LIFE ASSURANCE COMPANY OF CANADA, GR No. 15895, 1920-11-29
    While, as just noticed, the Insurance Act deals with life insurance, it is silent as to the methods to be followed in order that there may be a contract of insurance.  On the other hand, the Civil Code, in article 1802, not only describes a contract of life annuity markedly... similar to the one we are considering, but in two other articles, gives strong clues as to the proper disposition of the case.  For instance, article 16 of the Civil Code provides that matters which are governed by special laws, any deficiency of the latter shall be... supplied by the provisions of this Code."  On the supposition, therefore, which is incontestable, that the special law on the subject of insurance is deficient in enunciating the principles governing acceptance, the subject-matter of the Civil Code, if there be any, would... be controlling.  In the Civil Code is found article 1262 providing that "Consent is shown by the concurrence of offer and acceptance with respect to the thing and the consideration which are to constitute the contract.  An acceptance made by letter shall not bind the... person making the offer except from the time it came to his knowledge.  The contract, in such case, is presumed to have been entered into at the place where the offer was made."  This latter article is in opposition to the provisions of article 54 of the Code of

Commerce.

COGSA supplements the Civil Code by establishing a provision limiting the carrier's liability in the absence of a shipper's declaration of a higher value in the bill of lading.

Code of Commerce and the Civil Code. Under Article 2 of the Code of Commerce, acts of commerce shall be governed by its provisions and, "in their absence, by the usages of commerce generally observed in each place; and in the absence of both rules, by those of the civil... law."[184]

This law being silent, we look at Article 18 of the Civil Code, which states: "In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied" by its provisions. A perusal of these three statutes... unmistakably shows that the award of interest under our civil law is justified.

  • DOMINGO ANG v. AMERICAN STEAMSHIP AGENCIES, GR No. L-22491, 1967-01-27
    Nowhere is "loss" defined in the Carriage of Goods by Sea Act. Therefore, recourse must be had to the Civil Code which provides in Article 18 thereof that, "In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the... provisions of this Code."

Article 1189 of the Civil Code defines the word "loss" in cases where conditions have been imposed with the intention of suspending the efficacy of an obligation to give. The contract of carriage under consideration entered into by and between American Steamship Agencies, Inc.

and the Yau Yue (which later on endorsed the bill of lading covering the shipment to plaintiff herein Domingo Ang), Ls one involving an obligation to give or to deliver the goods 'to the order of shipper", that is, upon the presentation and surrender of the bill of lading. This... being so, said article can be applied to the present controversy, more specifically 2 thereof which provides that, ". . . it is under- that a thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be... recovered."

As defined in the Civil Code and as applied to Section 3(6), paragraph 4 of the Carriage of Goods by Sea Act "loss" contemplates merely a situation where no delivery at all was made by the shipper of the goods because the same had perished, gone out of commerce, or disappeared... in such a way that their existence is unknown or they cannot be recovered. It does not include a situation where there was indeed delivery but delivery to the wrong person, or a misdelivery, as alleged in the complaint in this case.

HUMAN RELATIONS (ARTS. 19-22, CIVIL CODE)

Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. (Principle of Abuse of Rights)

The abuse of a right is the greatest possible wrong

  • ALBENSON ENTERPRISES CORP. v. CA, GR No. 88694, 1993-01-11
    Article 19, known to contain what is commonly referred to as the principle of abuse of rights, sets certain standards which may be observed not only in the exercise of one's rights but also in the performance of one's duties. These standards are the following: to act with... justice; to give everyone his due; and to observe honesty and good faith. The law, therefore, recognizes the primordial limitation on all rights: that in their exercise, the norms of human conduct set forth in Article 19 must be observed. A right, though by itself legal because... recognized or granted by law as such, may nevertheless become the source of some illegality. When a right is exercised in a manner which does not conform with the norms enshrined in Article 19 and results in damage to another, a legal wrong is thereby committed for which the... wrongdoer must be held responsible. Although the requirements of each provision is different, these three (3) articles are all related to each other. As the eminent Civilist Senator Arturo Tolentino puts it: "With this article (Article 21), combined with articles 19 and 20, the... scope of our law on civil wrongs has been very greatly broadened; it has become much more supple and adaptable than the Anglo-American law on torts. It is now difficult to conceive of any malevolent exercise of a right which could not be checked by the application of these... articles"

There is however, no hard and fast rule which can be applied to determine whether or not the principle of abuse of rights may be invoked. The question of whether or not the principle of abuse of rights has been violated, resulting in damages under Articles 20 and 21 or other... applicable provision of law, depends on the circumstances of each case.

The elements of an abuse of right under Article 19 are the following: (1) There is a legal right or duty; (2) which is exercised in bad faith; (3) for the sole intent of prejudicing or injuring another. Article 20 speaks of the general sanction for all other... provisions of law which do not especially provide for their own sanction (Tolentino, supra, p. 71). Thus, anyone who, whether willfully or negligently, in the exercise of his legal right or duty, causes damage to another, shall indemnify his victim for... injuries suffered thereby. Article 21 deals with acts contra bonus mores, and has the following elements: 1) There is an act which is legal; 2) but which is contrary to morals, good custom, public order, or public policy; 3) and it is done with intent to... injure.

Thus, under any of these three (3) provisions of law, an act which causes injury to another may be made the basis for an award of damages.

There is a common element under Articles 19 and 21, and that is, the act must be intentional. However, Article 20 does not distinguish: the act may be done either "willfully", or "negligently".

Abuse of right under Article 19 exists when the following elements are present: (1) there is a... legal right or duty; (2) which is exercised in bad faith; (3) for the sole intent of prejudicing or injuring another.

Malice or bad faith is at the core of Article 19 of the Civil Code. Good faith refers to the state of mind which is manifested by the acts of the individual concerned. It consists of the intention to abstain from taking an unconscionable and unscrupulous advantage of... another. It is presumed. Thus, he who alleges bad faith has the duty to prove the same. Bad faith does not simply connote bad judgment or simple negligence; it involves a dishonest purpose or some moral obloquy and conscious doing of a wrong, a breach of known duty due to some... motives or interest or ill will that partakes of the nature of fraud. Malice connotes ill will or spite and speaks not in response to duty. It implies an intention to do ulterior and unjustifiable harm. Malice is bad faith or bad motive.

an act that causes injury to another may be made the basis for an award of damages.

The exercise of a right ends when the right disappears; and it disappears when it is abused, especially to the prejudice of others. The mask of a right without the spirit of justice which gives it life is repugnant to the modern concept of social law. It cannot be said that a person exercises a right when he unnecessarily prejudices another or offends morals or good customs. Over and above the specific precepts of positive law are the supreme norms of justice which the law develops and which are expressed in three principles: honeste vivere, alterum non laedere and jus suum quique tribuere; and he who violates them violates the law. For this reason, it is not permissible to abuse our rights to prejudice others.

"abuse of right principle." The legal sanctions for violations of this fundamental principle are found in Articles 20[9]... and 21[10]... of the Civil Code.

[Article 19], known to contain what is commonly referred to as the principle of abuse of rights, sets certain standards which must be observed not only in the exercise of one's rights but also in the performance of one's duties. These standards are the following: to... act with justice; to give everyone his due; and to observe honesty and good faith. The law, therefore, recognizes a primordial limitation on all rights; that in their exercise, the norms of human conduct set forth in Article 19 must be observed. A right, though by itself... legal because recognized or granted by law as such, may nevertheless become the source of some illegality. When a right is exercised in a manner which does not conform with the norms enshrined in Article 19 and results in damage to another, a legal wrong is thereby committed for... which the wrongdoer must be held responsible. But while Article 19 lays down a rule of conduct for the government of human' relations and for the maintenance of social order, it does not provide a remedy for its violation. Generally, an action for damages under either

Article 20 or Article 21 would be proper.

Persons who have the right to enter into contractual relations must exercise that right with honesty and good faith. Failure to do so results in an abuse of that right, which may become the basis of an action for damages. Article 19, however, cannot be its sole basis:

Article 19 is the general rule which governs the conduct of human relations. By itself, it is not the basis of an actionable tort. Article 19 describes the degree of care required so that an actionable tort may arise when it is alleged together with Article 20 or

Article 21.

To be actionable, Article 20 requires a violation of law, while Article 21 only concerns with lawful acts that are contrary to morals, good customs, and public policy:

Article 20 concerns violations of existing law as basis for an injury. It allows recovery should the act have been willful or negligent. Willful may refer to the intention to do the act and the desire to achieve the outcome which is considered by the plaintiff in... tort action as injurious. Negligence may refer to a situation where the act was consciously done but without intending the result which the plaintiff considers as injurious.

To be actionable, Article 20 requires a violation of law, while Article 21 only concerns with lawful acts that are contrary to morals, good customs, and public policy:

Article 20 concerns violations of existing law as basis for an injury. It allows recovery should the act have been willful or negligent. Willful may refer to the intention to do the act and the desire to achieve the outcome which is considered by the plaintiff in... tort action as injurious. Negligence may refer to a situation where the act was consciously done but without intending the result which the plaintiff considers as injurious.

Article 21, on the other hand, concerns injuries that may be caused by acts which are not necessarily proscribed by law. This article requires that the act be willful, that is, that there was an intention to do the act and a desire to achieve the outcome. In cases under Article

21, the legal issues revolve around whether such outcome should be considered a legal injury on the part of the plaintiff or whether the commission of the act was done in violation of the standards of care required in Article 19.

  • RAUL H. SESBRE O v. CA, GR No. 160689, 2014-03-26
    Article 19 of the Civil Code[23]... sets the standards to be observed in the exercise of one's rights and in the performance of one's duties, namely: (a) to act with justice; (b) to give everyone his due; and (c) to observe honesty and good faith. The law thereby recognizes the primordial limitation on all rights... that in the exercise of the rights, the standards under Article 19 must be observed.[24]

Although the act is not illegal, liability for damages may arise should there be an abuse of rights, like when the act is performed without prudence or in bad faith. In order that liability may attach under the concept of abuse of rights, the following elements must be present,... to wit: (a) the existence of a legal right or duty, (b) which is exercised in bad faith, and (c) for the sole intent of prejudicing or injuring another.[25]

Article 19 of the Civil Code[23]... sets the standards to be observed in the exercise of one's rights and in the performance of one's duties, namely: (a) to act with justice; (b) to give everyone his due; and (c) to observe honesty and good faith. The law thereby recognizes the primordial limitation on all rights... that in the exercise of the rights, the standards under Article 19 must be observed.[24]

Although the act is not illegal, liability for damages may arise should there be an abuse of rights, like when the act is performed without prudence or in bad faith. In order that liability may attach under the concept of abuse of rights, the following elements must be present,... to wit: (a) the existence of a legal right or duty, (b) which is exercised in bad faith, and (c) for the sole intent of prejudicing or injuring another.[25]

There is no hard and fast rule that can be applied to ascertain whether or not the principle of... abuse of rights is to be invoked. The resolution of the issue depends on the circumstances of each case.

  • CALIFORNIA CLOTHING v. SHIRLEY G. QUI ONES, GR No.175822, 2013-10-23
    In the sphere of our law on human relations, the victim of a wrongful act or omission, whether done willfully or negligently, is not left without any remedy or recourse to obtain relief for the damage or injury he sustained. Incorporated into our civil law are not... only principles of equity but also universal moral precepts which are designed to indicate certain norms that spring from the fountain of good conscience and which are meant to serve as guides for human conduct. First of these fundamental precepts is the principle commonly known... as "abuse of rights" under Article 19 of the Civil Code.

The elements of abuse of rights are as follows: (1) there is a legal right or duty; (2) which is exercised in bad faith; (3) for the sole intent of prejudicing or injuring another.

Under the abuse of rights principle found in Article 19 of the Civil Code, 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.[34]

Good faith refers... to the state of mind which is manifested by the acts of the individual concerned. It consists of the intention to abstain from taking an unconscionable and unscrupulous advantage of another.[35]

Malice or bad faith, on the other hand, implies a conscious... and intentional design to do a wrongful act for a dishonest purpose or moral obliquity.

  • UNICAPITAL v. RAFAEL JOSE CONSING, GR Nos. 175277 & 175285, 2013-09-11
    [W]hen a right is exercised in a manner which does not conform with the norms enshrined in Article 19 and results in damage to another, a legal wrong is thereby committed for which the wrongdoer must be held responsible. But a right, though by itself legal... because [it is] recognized or granted by law as such, may nevertheless become the source of some illegality. A person should be protected only when he acts in the legitimate exercise of his right, that is, when he acts with prudence and in good faith; but not when he acts with... negligence or abuse. There is an abuse of right when it is exercised for the only purpose of prejudicing or injuring another. The exercise of a right must be in accordance with the purpose for which it was established, and must not be excessive or unduly harsh; there must be no... intention to injure another.

  • MARIA VICTORIA G. BELO-HENARES v. ATTY. ROBERTO 'ARGEE' C. GUEVARRA, AC. No. 11394, 2016-12-01
    the freedom of speech and of expression, like all constitutional freedoms, is not absolute.[69]

While the freedom of expression and the right of speech and of the press are among the most zealously protected rights in the Constitution, every person exercising them, as the Civil Code stresses, is obliged to act with justice, give everyone his due, and observe honesty and good faith.[70]

As such, the constitutional right of freedom of expression may not be availed of to broadcast lies or half-truths, insult others, destroy their name or reputation or bring them into disrepute.

But this right of the client is not unlimited because good faith is required in terminating the relationship. The... limitation is based on Article 19 of the Civil Code

The acts of Tan Lu and Arlegui directly violate the principles enunciated in Art. 19 which declares that every person must practice justice, honesty and good faith in his dealings with his fellowmen.  That there was a valid pact or agreement among the Association members... and their entrusted officers charged with the negotiations, is an accepted fact.  As two of the three entrusted officers charged with the negotiations, Tan Lu and Arlegui fall within the purview of Art. 19 which is also implemented by Art. 21, New Civil Code, a sequent of

Art. 19, which declares that "[A]ny person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage."

Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.

  • CAGAYAN VALLEY ENTERPRISES v. CA, GR No. 78413, 1989-11-08
    This particular provision of the Civil Case was clearly meant to complement all legal provisions which may have inadvertently failed to provide for indemnification or reparation of damages when proper or called for. In the language of the Code

Commission "(t)he foregoing rule pervades the entire legal system, and renders it impossible that a person who suffers damage because another has violated some legal provisions, should find himself without relief."

  • ALBENSON ENTERPRISES CORP. v. CA, GR No. 88694, 1993-01-11
    Article 19, known to contain what is commonly referred to as the principle of abuse of rights, sets certain standards which may be observed not only in the exercise of one's rights but also in the performance of one's duties. These standards are the following: to act with... justice; to give everyone his due; and to observe honesty and good faith. The law, therefore, recognizes the primordial limitation on all rights: that in their exercise, the norms of human conduct set forth in Article 19 must be observed. A right, though by itself legal because... recognized or granted by law as such, may nevertheless become the source of some illegality. When a right is exercised in a manner which does not conform with the norms enshrined in Article 19 and results in damage to another, a legal wrong is thereby committed for which the... wrongdoer must be held responsible. Although the requirements of each provision is different, these three (3) articles are all related to each other. As the eminent Civilist Senator Arturo Tolentino puts it: "With this article (Article 21), combined with articles 19 and 20, the... scope of our law on civil wrongs has been very greatly broadened; it has become much more supple and adaptable than the Anglo-American law on torts. It is now difficult to conceive of any malevolent exercise of a right which could not be checked by the application of these... articles"

There is however, no hard and fast rule which can be applied to determine whether or not the principle of abuse of rights may be invoked. The question of whether or not the principle of abuse of rights has been violated, resulting in damages under Articles 20 and 21 or other... applicable provision of law, depends on the circumstances of each case.

The elements of an abuse of right under Article 19 are the following: (1) There is a legal right or duty; (2) which is exercised in bad faith; (3) for the sole intent of prejudicing or injuring another. Article 20 speaks of the general sanction for all other... provisions of law which do not especially provide for their own sanction (Tolentino, supra, p. 71). Thus, anyone who, whether willfully or negligently, in the exercise of his legal right or duty, causes damage to another, shall indemnify his victim for... injuries suffered thereby. Article 21 deals with acts contra bonus mores, and has the following elements: 1) There is an act which is legal; 2) but which is contrary to morals, good custom, public order, or public policy; 3) and it is done with intent to... injure.

Thus, under any of these three (3) provisions of law, an act which causes injury to another may be made the basis for an award of damages.

There is a common element under Articles 19 and 21, and that is, the act must be intentional. However, Article 20 does not distinguish: the act may be done either "willfully", or "negligently".

an act that causes injury to another may be made the basis for an award of damages.

The exercise of a right ends when the right disappears; and it disappears when it is abused, especially to the prejudice of others. The mask of a right without the spirit of justice which gives it life is repugnant to the modern concept of social law. It cannot be said that a person exercises a right when he unnecessarily prejudices another or offends morals or good customs. Over and above the specific precepts of positive law are the supreme norms of justice which the law develops and which are expressed in three principles: honeste vivere, alterum non laedere and jus suum quique tribuere; and he who violates them violates the law. For this reason, it is not permissible to abuse our rights to prejudice others.

Persons who have the right to enter into contractual relations must exercise that right with honesty and good faith. Failure to do so results in an abuse of that right, which may become the basis of an action for damages. Article 19, however, cannot be its sole basis:

Article 19 is the general rule which governs the conduct of human relations. By itself, it is not the basis of an actionable tort. Article 19 describes the degree of care required so that an actionable tort may arise when it is alleged together with Article 20 or

Article 21.

To be actionable, Article 20 requires a violation of law, while Article 21 only concerns with lawful acts that are contrary to morals, good customs, and public policy:

Article 20 concerns violations of existing law as basis for an injury. It allows recovery should the act have been willful or negligent. Willful may refer to the intention to do the act and the desire to achieve the outcome which is considered by the plaintiff in... tort action as injurious. Negligence may refer to a situation where the act was consciously done but without intending the result which the plaintiff considers as injurious.

To be actionable, Article 20 requires a violation of law, while Article 21 only concerns with lawful acts that are contrary to morals, good customs, and public policy:

Article 20 concerns violations of existing law as basis for an injury. It allows recovery should the act have been willful or negligent. Willful may refer to the intention to do the act and the desire to achieve the outcome which is considered by the plaintiff in... tort action as injurious. Negligence may refer to a situation where the act was consciously done but without intending the result which the plaintiff considers as injurious.

Article 21, on the other hand, concerns injuries that may be caused by acts which are not necessarily proscribed by law. This article requires that the act be willful, that is, that there was an intention to do the act and a desire to achieve the outcome. In cases under Article

21, the legal issues revolve around whether such outcome should be considered a legal injury on the part of the plaintiff or whether the commission of the act was done in violation of the standards of care required in Article 19.

  • HEIRS OF EDUARDO SIMON v. ELVIN* CHAN, GR No. 157547, 2011-02-23
    Regardless, therefore, of whether or not a special law so provides, indemnification of the offended party may be had on account of the damage, loss or injury directly suffered as a consequence of the wrongful act of another.  The indemnity which a person is sentenced to pay... forms an integral part of the penalty imposed by law for the commission of a crime

Every crime gives rise to a penal or criminal action for the punishment of the guilty party, and... also to civil action for the restitution of the thing, repair of the damage, and indemnification for the losses

Civil liability to the offended party cannot thus be denied.  The payee of the check is entitled to receive the payment of money for which the worthless check was issued.   Having been caused the damage, she is entitled to recompense.

However, there is no independent civil action to recover the value of a bouncing check issued in contravention of BP 22.

  • CONRADO MAGBANUA v. VS.PILAR S. JUNSAY, GR NO. 132659, 2007-02-12
    Finally, in an action to recover damages based on malicious prosecution, it must be established that the prosecution was impelled by legal malice.  There is necessity of proof that the suit was so patently malicious as to warrant the award of damages under Articles 19 to

21,[48]... of the Civil Code, or that the suit was grounded on malice or bad faith.[49]

  Moreover, it is a doctrine well-entrenched in jurisprudence that the mere act of submitting a case to the authorities for prosecution does not... make one liable for malicious prosecution, for the law would not have meant to impose a penalty on the right to litigate.

Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.

Persons who have the right to enter into contractual relations must exercise that right with honesty and good faith. Failure to do so results in an abuse of that right, which may become the basis of an action for damages. Article 19, however, cannot be its sole basis:

Article 19 is the general rule which governs the conduct of human relations. By itself, it is not the basis of an actionable tort. Article 19 describes the degree of care required so that an actionable tort may arise when it is alleged together with Article 20 or

Article 21.

To be actionable, Article 20 requires a violation of law, while Article 21 only concerns with lawful acts that are contrary to morals, good customs, and public policy:

Article 20 concerns violations of existing law as basis for an injury. It allows recovery should the act have been willful or negligent. Willful may refer to the intention to do the act and the desire to achieve the outcome which is considered by the plaintiff in... tort action as injurious. Negligence may refer to a situation where the act was consciously done but without intending the result which the plaintiff considers as injurious.

To be actionable, Article 20 requires a violation of law, while Article 21 only concerns with lawful acts that are contrary to morals, good customs, and public policy:

Article 20 concerns violations of existing law as basis for an injury. It allows recovery should the act have been willful or negligent. Willful may refer to the intention to do the act and the desire to achieve the outcome which is considered by the plaintiff in... tort action as injurious. Negligence may refer to a situation where the act was consciously done but without intending the result which the plaintiff considers as injurious.

Article 21, on the other hand, concerns injuries that may be caused by acts which are not necessarily proscribed by law. This article requires that the act be willful, that is, that there was an intention to do the act and a desire to achieve the outcome. In cases under Article

21, the legal issues revolve around whether such outcome should be considered a legal injury on the part of the plaintiff or whether the commission of the act was done in violation of the standards of care required in Article 19.

  • NOEL BUENAVENTURA v. CA, GR NO. 127358, 2005-03-31
    Article 2219[17]... of the Civil Code enumerates the cases in which moral damages may be recovered and it mentions Article 21 as one of the instances. It must be noted that Article 21 states that the individual... must willfully cause loss or injury to another. There is a need that the act is willful and hence done in complete freedom. In granting moral damages, therefore, the trial court and the Court of Appeals could not but have assumed that the acts on which the moral damages were... based were done willfully and freely, otherwise the grant of moral damages would have no leg to stand on.

  • SOLIDBANK CORPORATION v. SPS. TEODULFO AND CARMEN ARRIETA, GR NO. 152720, 2005-02-17
    Petitioner's negligence here was so gross as to amount to a wilful injury to Respondent Carmen. Article 21 of the Civil Code states that "any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall... compensate the latter for the damage." Further, Article 2219 provides for the recovery of moral damages for acts referred to in the aforementioned Article 21. Hence, the bank is liable for moral damages to respondent.

  • FILIPINAS BROADCASTING NETWORK v. AGO MEDICAL, GR NO. 141994, 2005-01-17
    The public has a right to expect and demand that radio broadcast practitioners live up to the code of conduct of their profession, just like other professionals.  A professional code of conduct provides the standards for determining whether a person has acted justly,... honestly and with good faith in the exercise of his rights and performance of his duties as required by Article 19[37]... of the Civil Code.  A professional code of conduct also provides the standards for determining whether a person who willfully causes... loss or injury to another has acted in a manner contrary to morals or good customs under Article 21[38]... of the Civil Code.

  • ALFREDO S. PAGUIO v. PHILIPPINE LONG DISTANCE TELEPHONE CO., GR No. 154072, 2002-12-03
    The illegal transfer of petitioner to a functionless office was clearly an abuse by respondent PLDT of its right to control the structure of its organization. The right to transfer or reassign an employee is decidedly an employer's exclusive right and... prerogative.[21]

In several cases, however, we have ruled that such managerial prerogative must be exercised without grave abuse of discretion, bearing in mind the basic elements of justice and fair play. Having the right should not be confused with the... manner by which such right is to be exercised.[22]

As found by both the NLRC and the Court of Appeals, there is no clear justification for the transfer of petitioner except that it was done as a result of petitioner's disagreement with his superiors with... regard to company policies.

A fortiori, TIONGCO's hypothesis that moral damages (ditto for exemplary damages) cannot be granted in the absence of an award for actual damages loses persuasive potency. Though incapable of pecuniary estimation, moral damages may be recovered if they are the result... of a wrongful act or commission.

Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.

There is unjust enrichment when a person unjustly retains a benefit to the loss of another, or when a person retains money or property of another against the fundamental principles of justice, equity and good conscience.[45]

The principle of unjust enrichment requires two conditions: (1) that a person is benefited without a valid basis or justification, and (2) that such benefit is derived at the expense of another.

The main objective of the principle against unjust enrichment is to prevent one from enriching himself at the expense of another without just cause or consideration.

The provision is expressed in the maxim: "MEMO CUM ALTERIUS DETER DETREMENTO PROTEST" (No person should unjustly enrich himself at the expense of another). An action for recovery of what has been paid without just cause has been designated as an accion in rem... verso. This provision does not apply if, as in this case, the action is proscribed by the Constitution or by the application of the pari delicto doctrine. It may be unfair and unjust to bar the petitioner from filing an accion in rem verso over the subject properties,... or from recovering the money he paid for the said properties, but, as Lord Mansfield stated in the early case of Holman v. Johnson: "The objection that a contract is immoral or illegal as between the plaintiff and the defendant, sounds at all times very ill in the mouth... of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff.

  • JUANA VDA. DE ROJALES v. MARCELINO DIME, GR No. 194548, 2016-02-10
    Unjust enrichment exists when a person unjustly retains a benefit at the loss of another, or when a person retains money or property of another against the fundamental principles of justice, equity and good conscience.

  • GOVERNMENT SERVICE INSURANCE SYSTEM v. COA, GR No. 162372, 2012-09-11
    Unjust enrichment is a term used to depict result or effect of failure to make remuneration of or for property or benefits received under circumstances that give rise to legal or equitable obligation to account for them; to be entitled to remuneration, one must... confer benefit by mistake, fraud, coercion, or request. Unjust enrichment is not itself a theory of reconvey. Rather, it is a prerequisite for the enforcement of the doctrine of restitution.

[t]here is no unjust enrichment when the person who will benefit has a valid claim to such benefit.

This principle springs from Article 22 of the New Civil Code

Hence, the restitution of what each party has given is a consequence of a void and inexistent contract.

While the terms and provisions of a void contract cannot be enforced since it is deemed inexistent, it does not preclude the admissibility of the contract as evidence to prove matters that occurred in the course of executing the contract, i.e., what each party has given... in the execution of the contract.

Article 22 "is part of the chapter of the Civil Code on Human Relations, the provisions of which were formulated as basic principles to be observed for the rightful... relationship between human beings and for the stability of the social order; designed to indicate certain norms that spring from the fountain of good conscience; guides for human conduct that should run as golden threads through society to the end that law may approach its... supreme ideal which is the sway and dominance of justice.

There is unjust enrichment "when a person unjustly retains a benefit to the loss of another, or when a person retains money or property of another against the fundamental principles of justice, equity and good conscience.

The principle of unjust enrichment has two conditions.  First, a person must have been benefited without a real or valid basis or justification. Second, the benefit was derived at another person's expense or damage.

Unjust enrichment exists, according to Hulst v. PR Builders, Inc.,[20]

"when a person unjustly retains a benefit at the loss of another, or when a person retains money or property of another against the fundamental principles of justice, equity... and good conscience." The prevention of unjust enrichment is a recognized public policy of the State, for Article 22 of the Civil Code explicitly provides that "[e]very person who through an act of performance by another, or any other means, acquires or comes into... possession of something at the expense of the latter without just or legal ground, shall return the same to him." It is well to note that Article 22 "is part of the chapter of the Civil Code on Human Relations, the provisions of which were formulated as basic principles to be... observed for the rightful relationship between human beings and for the stability of the social order; designed to indicate certain norms that spring from the fountain of good conscience; guides for human conduct that should run as golden threads through society to the end that... law may approach its supreme ideal which is the sway and dominance of justice.

PERSONS AND PERSONALITY (CIVIL CODE)

Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.

  • INTERNATIONAL EXPRESS TRAVEL v. CA, GR No. 119020, 2000-10-19
    The power to purchase, sell, lease and encumber property are acts which may only be done by persons, whether natural or artificial,... with juridical capacity.

  • ANTONIO GELUZ v. CA, GR No. L-16439, 1961-07-20
    Since an action for pecuniary damages on account of personal injury or death pertains primarily to the one injured, it is easy to see that if no action for such damages could be instituted on behalf of the unborn child on account of the injuries it received, no such right of... action could derivatively accrue to its parents or heirs. In fact, even if a cause of action did accrue on behalf of the unborn child, the same was extinguished by its pre-natal death, since no transmission to anyone can take place from one that lacked juridical personality (or... juridical capacity, as distinguished from capacity to act). It is no answer to invoke the provisional personality of a conceived child (conceptus pro nato habetur) under Article 40 of the Civil Code, because that same article expressly limits such provisional personality... by imposing the condition that the child should be subsequently born alive: "provided it be born later with the conditions specified in the following article". In the present case, there is no dispute that the child was dead when separated from its mother's womb.

recovery can not be had for the death of an unborn child

This is not to say that the parents are not entitled to collect any damages at all. But such damages must be those inflicted directly upon them, as distinguished from the injury or violation of the rights of the deceased, his right to life and physical integrity. Because the... parents can not expect either help, support or services from an unborn child, they would normally be limited to moral damages for the illegal arrest of the normal development of the spes hominis that was the foetus, i.e., on account of distress and anguish attendant to... its loss, and the disappointment of their parental expectations... as well as to exemplary damages, if the circumstances should warrant them

  • LOLITA R. ALAMAYRI v. PABALE, GR No. 151243, 2008-04-30
    Capacity to act is supposed to attach to a person who has not previously been declared incapable, and such capacity is presumed to continue so long as the contrary be not proved; that is, that at the moment of his acting he was incapable, crazy, insane, or out of his... mind.[23]

   The burden of proving incapacity to enter into contractual relations rests upon the person who alleges it; if no sufficient proof to this effect is presented, capacity will be presumed.

death has been defined as the cessation of life.[24]

Life is not synonymous with civil personality. One need not acquire civil personality first before he/she could die. Even a child inside the womb already has life. No less than... the Constitution recognizes the life of the unborn from conception,[25]... that the State must protect equally with the life of the mother. If the unborn already has life, then the cessation thereof even prior to the child being delivered, qualifies as... death.

He had no more civil personality. His juridical capacity, which... is the fitness to be the subject of legal relations, was lost through death.

Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements.

The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion. A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law.

t would be equally... incongruous, if not outright impossible, for the petitioner to require himself to qualify as a minor, an imbecile, a deaf-mute, or a prodigal before the SPA becomes operative.  In such cases, not only would he be prevented from appointing an agent, he himself would be... unable to administer his property.

On the other hand, defining the terms "absence" and "incapacity" by their everyday usage makes for a reasonable construction, that is, "the state of not being present" and the "inability to act," given the context that the SPA authorizes the agents to attend stockholders'... meetings and vote in behalf of petitioner, to sell the shares of stock, and other related acts.  This construction covers the situation wherein petitioner was arrested and detained.

   The burden of proving incapacity to enter into contractual relations rests upon the person who alleges it; if no sufficient proof to this effect is presented, capacity will be presumed.

Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article: For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother s womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.

Civil Code, in no uncertain terms, considers a conceived child born for all purposes that are favorable to her provided the birth is attended with the conditions specified, namely, that she is alive at the time she is completely delivered from the mother's... womb.[4] Here, fortunately, the child has survived the ordeal of the loss of the one called upon to support her, her father, who, unfortunately however, met his death before her birth.

Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will.

death has been defined as the cessation of life.[24]

Life is not synonymous with civil personality. One need not acquire civil personality first before he/she could die. Even a child inside the womb already has life. No less than... the Constitution recognizes the life of the unborn from conception,[25]... that the State must protect equally with the life of the mother. If the unborn already has life, then the cessation thereof even prior to the child being delivered, qualifies as... death.

The same rule prevails at common law - the death of the principal effects instantaneous and absolute revocation of the authority of the agent unless the power be coupled with an interest.

a power without an interest conferred upon an agent is dissolved by the principal's death, and any attempted execution of the power afterwards is not binding on the heirs or representatives of the deceased.

death of Margarita Herrera does

If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other.

MARRIAGE (FAMILY CODE)

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.

Under the Civil Code, a void marriage differs from a voidable marriage in the following ways: (1) a void marriage is nonexistent - i.e., there was no marriage from the beginning - while in a voidable marriage, the marriage is valid until annulled by a competent court; (2) a void marriage cannot be ratified, while a voidable marriage can be ratified by cohabitation; (3) being nonexistent, a void marriage can be collaterally attacked, while a voidable marriage cannot be collaterally attacked; (4) in a void marriage, there is no conjugal partnership and the offspring are natural children by legal fiction, while in voidable marriage there is conjugal partnership and the children conceived before the decree of annulment are considered legitimate; and (5) "in a void marriage no judicial decree to establish the invalidity is necessary," while in a voidable marriage there must be a judicial decree.

A judicial declaration of absolute nullity of marriage is now expressly required where the nullity of a previous marriage is invoked for purposes of contracting a second marriage.[38]

A second marriage contracted prior to the issuance of this declaration of nullity is thus considered bigamous and void.[

Marriage, a sacrosanct institution, declared by the Constitution as an "inviolable social institution, is the foundation of the family;" as such, it "shall be protected by the State." In more explicit terms, the Family Code characterizes it as "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." So crucial are marriage and the family to the stability and peace of the nation that their "nature, consequences, and incidents are governed by law and not subject to stipulation." As a matter of policy, therefore, the nullification of a marriage for the purpose of contracting another cannot be accomplished merely on the basis of the perception of both parties or of one that their union is so defective with respect to the essential requisites of a contract of marriage as to render it void ipso jure and with no legal effect — and nothing more. Were this so, this inviolable social institution would be reduced to a mockery and would rest on very shaky foundations indeed. And the grounds for nullifying marriage would be as diverse and far-ranging as human ingenuity and fancy could conceive. For such a socially significant institution, an official state pronouncement through the courts, and nothing less, will satisfy the exacting norms of society. Not only would such an open and public declaration by the courts definitively confirm the nullity of the contract of marriage, but the same would be easily verifiable through records accessible to everyone.

the requirement of a judicial decree of nullity does not apply to marriages that were celebrated before the effectivity of the Family Code, particularly if the children of the parties were born while the Civil Code was in force.

Our family law is based on the policy that marriage is not a mere contract, but a social institution in which the State is vitally interested.  The State finds no stronger anchor than on good, solid and happy families.  The break up of families weakens our social and... moral fabric and, hence, their preservation is not the concern alone of the family members.

  • ENGRACE NI AL FOR HERSELF v. NORMA BAYADOG, GR No. 133778, 2000-03-14
    the five-year common-law cohabitation period, which is counted back from the date of celebration of marriage, should be a period of legal union had it not been for the absence of the marriage. This 5-year period should... be the years immediately before the day of the marriage and it should be a period of cohabitation characterized by exclusivity - meaning no third party was involved at any time within the 5 years and continuity - that is unbroken. Otherwise, if that continuous 5-year... cohabitation is computed without any distinction as to whether the parties were capacitated to marry each other during the entire five years, then the law would be sanctioning immorality and encouraging parties to have common law relationships and placing them on the same... footing with those who lived faithfully with their spouse. Marriage being a special relationship must be respected as such and its requirements must be strictly observed. The presumption that a man and a woman deporting themselves as husband and wife is based on the... approximation of the requirements of the law. The parties should not be afforded any excuse to not comply with every single requirement and later use the same missing element as a pre-conceived escape ground to nullify their marriage. There should be no exemption from securing a... marriage license unless the circumstances clearly fall within the ambit of the exception. It should be noted that a license is required in order to notify the public that two persons are about to be united in matrimony and that anyone who is aware or has knowledge of any... impediment to the union of the two shall make it known to the local civil registrar.

However, other than for purposes of remarriage, no judicial action is necessary to declare a marriage an absolute nullity. For other purposes, such as but not limited to determination of heirship, legitimacy or illegitimacy of a child, settlement of estate, dissolution of... property regime, or a criminal case for that matter, the court may pass upon the validity of marriage even in a suit not directly instituted to question the same so long as it is essential to the determination of the case. This is without prejudice to any issue that may arise in... the case. When such need arises, a final judgment of declaration of nullity is necessary even if the purpose is other than to remarry. The clause "on the basis of a final judgment declaring such previous marriage void" in Article 40 of the Family Code connotes that such final... judgment need not be obtained only for purpose of remarriage.

This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and unity of the family.[16]

Our laws, in... implementing this constitutional edict on marriage and the family underscore their permanence, inviolability and solidarity.

  • LEOUEL SANTOS v. CA, GR No. 112019, 1995-01-04
    Marriage is not just an adventure but a lifetime commitment. We should continue to be reminded that innate in our society, then enshrined in our Civil Code, and even now still indelible in Article 1 of the Family Code

Our Constitution is no less emphatic:

"Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

"Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

The above provisions express so well and so distinctly the basic nucleus of our laws on marriage and the family, and they are no doubt the tenets we still hold on to.

No marriage shall be valid, unless these essential requisites are present: (1) Legal capacity of the contracting parties who must be a male and a female; and (2) Consent freely given in the presence of the solemnizing officer.

  • ROMMEL JACINTO DANTES SILVERIO v. REPUBLIC, GR NO. 174689, 2007-10-19
    To grant the changes sought by petitioner will substantially reconfigure and greatly alter the laws on marriage and family relations. It will allow the union of a man with another man who has undergone sex reassignment (a male-to-female post-operative... transsexual). Second, there are various laws which apply particularly to women such as the provisions of the Labor Code on employment of women,[39]... certain felonies under the Revised Penal Code[40]... and the presumption of survivorship... in case of calamities under Rule 131 of the Rules of Court,[41]... among others. These laws underscore the public policy in relation to women which could be substantially affected if petitioner's petition were to be granted.

It is true that Article 9 of the Civil Code mandates that "[n]o judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the law." However, it is not a license for courts to engage in judicial legislation. The duty of the courts is... to apply or interpret the law, not to make or amend it.

Since the rise of modern medical science in Western societies, some... intersex people with ambiguous external genitalia have had their genitalia surgically modified to resemble either male or female genitals.[24]

More commonly, an intersex individual is considered as suffering from a "disorder" which is almost always... recommended to be treated, whether by surgery and/or by taking lifetime medication in order to mold the individual as neatly as possible into the category of either male or female.

The current state of Philippine statutes apparently compels that a person be classified either as a male or as a female, but this Court is not controlled by mere appearances when nature... itself fundamentally negates such rigid classification.

where the person is biologically or naturally intersex the determining factor in his gender classification would be what the individual, like respondent, having reached the age of majority, with good reason thinks of his/her sex.

  • VERONICO TENEBRO v. CA, GR No. 150758, 2004-02-18
    The requisites for the validity of a marriage are classified by... the Family Code into essential (legal capacity of the contracting parties and their consent freely given in the presence of the solemnizing officer)[23]... and formal (authority of the solemnizing officer, marriage license, and marriage ceremony wherein the... parties personally declare their agreement to marry before the solemnizing officer in the presence of at least two witnesses).[24]

Under Article 5 of the Family Code, any male or female of the age of eighteen years or upwards not under any of the... impediments mentioned in Articles 37[25]... and 38[26]... may contract marriage.[

The formal requisites of marriage are: (1) Authority of the solemnizing officer; (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and (3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

They are not considered to have been entered into. They do not enjoy the benefits, consequences, and incidents of marriage provided under the law.

The lack of authority of the officer that solemnized respondent judge's marriage in 1990 renders such marriage invalid. It is not recognized in our law. Hence, no second marriage can be imputed against respondent judge while her first marriage subsisted.

the certification of "due search and inability to find" a record or entry as to the purported marriage license, issued by the Civil Registrar of Pasig, enjoys probative value, he being the officer charged under the law to keep a record of all data relative to the issuance... of a marriage license. Based on said certification, the Court held that there is absence of a marriage license that would render the marriage void ab initio.

he certification issued by the local civil registrar is adequate to prove the non- issuance of the marriage license.

to be considered void on the ground of absence of a marriage license, the law requires that the absence of such marriage license must be apparent on the marriage contract, or at the very least, supported by a certification from... the local civil registrar that no such marriage license was issued to the parties. In this case, the marriage contract between the petitioner and respondent reflects a marriage license number. A certification to this effect was also issued by the local civil registrar of

Carmona, Cavite.[25]

The certification moreover is precise in that it specifically identified the parties to whom the marriage license was issued, namely Restituto Alcantara and Rosita Almario, further validating the fact that a license was in fact issued... to the parties herein.

132529

the presumed validity of the marriage of the parties had been overcome, and that it became the burden of the party alleging a valid marriage to prove that the marriage was valid, and that the required... marriage license had been secured.

The absence of any of the essential or formal... requisites shall render the marriage void ab initio, except as stated in Article 35(2)." Article 35(3) of the Family Code also provides that a marriage solemnized without a license is void from the beginning, except those exempt from the license requirement under Articles

27 to 34, Chapter 2, Title I of the same Code.[51]

Again, this marriage cannot be characterized as among the exemptions, and thus, having been solemnized without a marriage license, is void ab initio

  • OCA v. JUDGE ANATALIO S. NECESSARIO, AM No. MTJ-07-1691, 2013-04-02
    cohabitation... the solemnizing officer is not duty-bound to investigate whether or not a marriage license has been duly and regularly issued by the local civil registrar. All the solemnizing officer needs to know is that the license has been issued by the competent official, and... it may be presumed from the issuance of the license that said official has fulfilled the duty to ascertain whether the contracting parties had fulfilled the requirements of law

Marriages of exceptional character such as those... made under Article 34 are, doubtless, the exceptions to the rule on the indispensability of the formal requisite of a marriage license.[126]

Under the rules of statutory construction, exceptions as a general rule should be strictly but reasonably... construed.[127] 

The affidavits of cohabitation should not be issued and accepted pro forma particularly in view of the settled rulings of the Court on this matter. The five-year period of cohabitation should be one of a perfect union valid under the... law but rendered imperfect only by the absence of the marriage contract.[128]

The parties should have been capacitated to marry each other during the entire period and not only at the time of the marriage.

The absence of a marriage license will clearly render a marriage void ab initio.[130]

The actions of the judges have raised a very alarming issue regarding the validity of the marriages they solemnized since they did not follow the proper... procedure or check the required documents and qualifications. In Aranes v. Judge Salvador Occiano,[131]... the Court said that a marriage solemnized without a marriage license is void and the subsequent issuance of the license cannot render valid or add... even an iota of validity to the marriage. It is the marriage license that gives the solemnizing officer the authority to solemnize a marriage and the act of solemnizing the marriage without a license constitutes gross ignorance of the law.

Moreover, the absence of the logbook is not conclusive proof of non-issuance of Marriage License No. 2770792. It can also mean, as we believed true in the case at bar, that the logbook just cannot be found. In the absence of showing of diligent efforts to search for the said... logbook, we cannot easily accept that absence of the same also means non-existence or falsity of entries therein.

Finally, the rule is settled that every intendment of the law or fact leans toward the validity of the marriage, the indissolubility of the marriage bonds.[23]

The courts look upon this presumption with great favor. It is not to be lightly repelled; on the... contrary, the presumption is of great weight.

  • NORBERTO A. VITANGCOL v. PEOPLE, GR No. 207406, 2016-01-13
    Persons intending to contract a second marriage must first secure a judicial declaration of nullity of their first marriage. If they proceed with the second marriage without the judicial declaration, they are guilty of bigamy regardless of evidence of the... nullity of the first marriage.

marriages are not dissolved through mere certifications... by the civil registrar.

The fourth requisite—the marriage license—is issued by the local civil registrar of the municipality where either contracting party habitually resides.[38]

The marriage license represents the state's "involvement and participation in every marriage, in the... maintenance of which the general public is interested."[39]

To prove that a marriage was solemnized without a marriage license, "the law requires that the absence of such marriage license must be apparent on the marriage contract, or at the very least, supported by a certification from the local civil registrar that no such marriage... license was issued to the parties.

Mere presentation of a certification... from the civil registrar that the marriage license cannot be found is not enough to discharge the burden of proving that no such marriage license was issued.

parties to a marriage should not be permitted to judge for themselves its nullity, only competent courts having such authority. Prior to such declaration of nullity, the validity of the first marriage is beyond question. A party who contracts a second marriage then... assumes the risk of being prosecuted for bigamy.

Should the requirement of judicial declaration of nullity be removed as an element of the crime of bigamy, Article 349 of Revised Penal Code becomes useless. "[A]ll that an adventurous bigamist has to do is to ... contract a subsequent marriage and escape a bigamy charge by... simply claiming that the first marriage is void and that the subsequent marriage is equally void for lack of a prior judicial declaration of nullity of the first."[60]

Further, "[a] party may even enter into a marriage aware of the absence of a... requisite—usually the marriage license—and thereafter contract a subsequent marriage without obtaining a judicial declaration of nullity of the first on the assumption that the first marriage is void.

The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2). A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

the certification of "due search and inability to find" a record or entry as to the purported marriage license, issued by the Civil Registrar of Pasig, enjoys probative value, he being the officer charged under the law to keep a record of all data relative to the issuance... of a marriage license. Based on said certification, the Court held that there is absence of a marriage license that would render the marriage void ab initio.

he certification issued by the local civil registrar is adequate to prove the non- issuance of the marriage license.

to be considered void on the ground of absence of a marriage license, the law requires that the absence of such marriage license must be apparent on the marriage contract, or at the very least, supported by a certification from... the local civil registrar that no such marriage license was issued to the parties. In this case, the marriage contract between the petitioner and respondent reflects a marriage license number. A certification to this effect was also issued by the local civil registrar of

Carmona, Cavite.[25]

The certification moreover is precise in that it specifically identified the parties to whom the marriage license was issued, namely Restituto Alcantara and Rosita Almario, further validating the fact that a license was in fact issued... to the parties herein.

132529

In the instant case, there was no "scandalous cohabitation" to protect; in fact, there was no cohabitation at all. The false affidavit which petitioner and respondent executed so they could push through... with the marriage has no value whatsoever; it is a mere scrap of paper. They were not exempt from the marriage license requirement. Their failure to obtain and present a marriage license renders their marriage void ab initio.

  • REPUBLIC v. CA, GR No. 103047, 1994-09-02
    The certification of "due search and inability to find" issued by the civil registrar of Pasig enjoys probative value, he being the officer charged under the law to keep a record of all data relative to the issuance of a marriage license. Unaccompanied by any... circumstance of suspicion and pursuant to Section 29, Rule 132 of the Rules of Court, a certificate of "due search and inability to find" sufficiently proved that his office did not issue marriage license no. 3196182 to the contracting parties.

  • MERCEDITA MATA ARA ES v. JUDGE SALVADOR M. OCCIANO, AM No. MTJ-02-1390, 2002-04-11
    Where a judge solemnizes a... marriage outside his court's jurisdiction, there is a resultant irregularity in the formal requisite laid down in Article 3, which while it may not affect the validity of the marriage, may subject the officiating official to administrative liability.

a marriage which preceded the issuance of the marriage license is void, and that the subsequent issuance of... such license cannot render valid or even add an iota of validity to the marriage. Except in cases provided by law, it is the marriage license that gives the solemnizing officer the authority to solemnize a marriage. Respondent judge did not possess such authority when he... solemnized the marriage of petitioner. In this respect, respondent judge acted in gross ignorance of the law.

Considering that the absence of the marriage license is apparent on the marriage contract itself, with a false statement therein that the marriage is of an exceptional character, and no proof to the contrary was presented, there is no other plausible conclusion other than that the marriage between Luis and Severina was celebrated without a valid marriage license and is thus, void ab initio.

a marriage solemnized without a marriage license based on a fabricated claim of exceptional character, is void. In lieu of a marriage license, therein parties to the marriage executed a false affidavit of marital cohabitation. In declaring the marriage void, the Court rejected the notion that all the formal and essential requisites of marriage were complied with. The Court held that to permit a false affidavit to take the place of a marriage license is to allow an abject circumvention of the law.

The Court cannot turn a blind eye to the statements made in the marriage contract because these refer to the absence of a formal requisite of marriage. "The parties should not be afforded any excuse to not comply with every single requirement and later use the same missing element as a pre-conceived escape ground to nullify their marriage. There should be no exemption from securing a marriage license unless the circumstances clearly fall within the ambit of the exception."[82]

"The requirement and issuance of marriage license is the State's demonstration of its involvement and participation in every marriage, in the maintenance of which the general public is interested. This interest proceeds from the constitutional mandate that the State recognizes the sanctity of family life and of affording protection to the family as a basic 'autonomous social institution

The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect.

  • ZENAIDA S. BESO v. JUDGE JUAN DAGUMAN, AM No. MTJ-99-1211, 2000-01-28
    M]arriage in this country is an institution in which the community is deeply interested. The state has surrounded it with safeguards to maintain its purity,... continuity and permanence. The security and stability of the state are largely dependent upon it. It is the interest and duty of each and every member of the community to prevent the bringing about of a condition that would shake its foundation and ultimately lead to its... destruction.

a marriage can be held outside the judge's chambers or courtroom only in the following instances: 1.] at the point of death; 2.] in remote places in accordance with Article 29, or 3.] upon the request of both parties in writing in a... sworn statement to this effect.

udges who are appointed to specific jurisdictions may officiate in weddings only within said areas and not beyond. Where a judge solemnizes a... marriage outside his court's jurisdiction, there is a resultant irregularity in the formal requisite laid down in Article 3, which while it may not affect the validity of the marriage, may subject the officiating official to administrative liability.

  • RODOLFO G. NAVARRO v. JUDGE HERNANDO C. DOMAGTOY, AM No. MTJ-96-1088, 1996-07-19
    A priest who is commissioned and allowed by his local ordinary to marry the faithful, is authorized to do so only within the area of the diocese or place allowed by his Bishop. An appellate court Justice or a Justice of this Court has jurisdiction over the entire Philippines to... solemnize marriages, regardless of the venue, as long as the requisites of the law are complied with. However, judges who are appointed to specific jurisdictions, may officiate in weddings only within said areas and not beyond. Where a judge solemnizes a marriage outside his... court's jurisdiction, there is a resultant irregularity in the formal requisite laid down in Article 3, which while it may not affect the validity of the marriage, may subject the officiating official to administrative liability.[5]

A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides, except in marriages where no license is required.

A marriage license is issued by the local civil registrar to parties who have all the qualifications and none of the legal disqualifications to contract marriage.[27]

Before performing the marriage ceremony, the judge must personally examine the marriage... license presented.

If the contracting parties have cohabited as husband and wife for at least five years and have no legal impediment to marry, they are exempt from the marriage license requirement.[29]

Instead, the parties must present an affidavit of cohabitation sworn to... before any person authorized by law to administer oaths.[30]

The judge, as solemnizing officer, must personally examine the affidavit of cohabitation as to the parties having lived together as husband and wife for at least five years and the absence of any... legal impediment to marry each other.[31]

The judge must also execute a sworn statement that he personally ascertained the parties' qualifications to marry and found no legal impediment to the marriage.

Based on law and the Guidelines on the Solemnization of Marriage by the Members of the Judiciary, the person who notarizes the contracting parties' affidavit of cohabitation cannot be the judge who will solemnize the parties' marriage.

As a solemnizing officer, the judge's only duty involving the affidavit of cohabitation is to examine whether the parties have indeed lived together for at least five years without legal impediment to marry. The Guidelines does not state that the judge can notarize the parties'... affidavit of cohabitation.

  • NORBERTO A. VITANGCOL v. PEOPLE, GR No. 207406, 2016-01-13
    Persons intending to contract a second marriage must first secure a judicial declaration of nullity of their first marriage. If they proceed with the second marriage without the judicial declaration, they are guilty of bigamy regardless of evidence of the... nullity of the first marriage.

marriages are not dissolved through mere certifications... by the civil registrar.

The fourth requisite—the marriage license—is issued by the local civil registrar of the municipality where either contracting party habitually resides.[38]

The marriage license represents the state's "involvement and participation in every marriage, in the... maintenance of which the general public is interested."[39]

To prove that a marriage was solemnized without a marriage license, "the law requires that the absence of such marriage license must be apparent on the marriage contract, or at the very least, supported by a certification from the local civil registrar that no such marriage... license was issued to the parties.

Mere presentation of a certification... from the civil registrar that the marriage license cannot be found is not enough to discharge the burden of proving that no such marriage license was issued.

parties to a marriage should not be permitted to judge for themselves its nullity, only competent courts having such authority. Prior to such declaration of nullity, the validity of the first marriage is beyond question. A party who contracts a second marriage then... assumes the risk of being prosecuted for bigamy.

Should the requirement of judicial declaration of nullity be removed as an element of the crime of bigamy, Article 349 of Revised Penal Code becomes useless. "[A]ll that an adventurous bigamist has to do is to ... contract a subsequent marriage and escape a bigamy charge by... simply claiming that the first marriage is void and that the subsequent marriage is equally void for lack of a prior judicial declaration of nullity of the first."[60]

Further, "[a] party may even enter into a marriage aware of the absence of a... requisite—usually the marriage license—and thereafter contract a subsequent marriage without obtaining a judicial declaration of nullity of the first on the assumption that the first marriage is void.

the presumed validity of the marriage of the parties had been overcome, and that it became the burden of the party alleging a valid marriage to prove that the marriage was valid, and that the required... marriage license had been secured.

The absence of any of the essential or formal... requisites shall render the marriage void ab initio, except as stated in Article 35(2)." Article 35(3) of the Family Code also provides that a marriage solemnized without a license is void from the beginning, except those exempt from the license requirement under Articles

27 to 34, Chapter 2, Title I of the same Code.[51]

Again, this marriage cannot be characterized as among the exemptions, and thus, having been solemnized without a marriage license, is void ab initio

When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.

  • GRACE J. GARCIA v. REDERICK A. RECIO, GR No. 138322, 2001-10-02
    A divorce obtained abroad by an alien may be recognized in our jurisdiction, provided such decree is valid according to the national law of the foreigner. However, the divorce decree and the governing personal law of the alien spouse who obtained the divorce... must be proven.  Our courts do not take judicial notice of foreign laws and judgments; hence, like any other facts, both the divorce decree and the national law of the alien must be alleged and proven according to our law on evidence.

Philippine law does not provide for absolute divorce; hence, our courts cannot grant it.[21]

A marriage between two Filipinos cannot be dissolved... even by a divorce obtained abroad, because of Articles 15[22]... and 17[23]... of the Civil Code.[24]

In mixed marriages involving a Filipino and a foreigner, Article 26[25]... of the Family Code... allows the former to contract a subsequent marriage in case the divorce is "validly obtained abroad by the alien spouse capacitating him or her to remarry."[26]

A divorce obtained abroad by a couple, who are both aliens, may be recognized in the

Philippines, provided it is consistent with their respective national laws.

A comparison between marriage and divorce, as far as pleading and proof are concerned, can be made.  Van Dorn v. Romillo Jr. decrees that "aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are valid according to their... national law."[28]

Therefore, before a foreign divorce decree can be recognized by our courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it.[29]

Presentation... solely of the divorce decree is insufficient.

the legal capacity to contract marriage is determined by the national law of the party concerned.  The certificate mentioned in Article 21 of the Family Code would have been sufficient to establish the legal capacity of respondent, had he duly... presented it in court. A duly authenticated and admitted certificate is prima facie evidence of legal capacity to marry on the part of the alien applicant for a marriage license.

Marriages of exceptional character such as those... made under Article 34 are, doubtless, the exceptions to the rule on the indispensability of the formal requisite of a marriage license.[126]

Under the rules of statutory construction, exceptions as a general rule should be strictly but reasonably... construed.[127] 

The affidavits of cohabitation should not be issued and accepted pro forma particularly in view of the settled rulings of the Court on this matter. The five-year period of cohabitation should be one of a perfect union valid under the... law but rendered imperfect only by the absence of the marriage contract.[128]

The parties should have been capacitated to marry each other during the entire period and not only at the time of the marriage.

The absence of a marriage license will clearly render a marriage void ab initio.[130]

The actions of the judges have raised a very alarming issue regarding the validity of the marriages they solemnized since they did not follow the proper... procedure or check the required documents and qualifications. In Aranes v. Judge Salvador Occiano,[131]... the Court said that a marriage solemnized without a marriage license is void and the subsequent issuance of the license cannot render valid or add... even an iota of validity to the marriage. It is the marriage license that gives the solemnizing officer the authority to solemnize a marriage and the act of solemnizing the marriage without a license constitutes gross ignorance of the law.

All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38. Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

Paragraph 2 of Article 26 should be interpreted to include cases involving parties who, at the time of the celebration of the marriage were Filipino citizens, but later on, one... of them becomes naturalized as a foreign citizen and obtains a divorce decree. The Filipino spouse should likewise be allowed to remarry as if the other party were a foreigner at the time of the solemnization of the marriage. To rule otherwise would be to sanction absurdity and... injustice. Where the interpretation of a statute according to its exact and literal import would lead to mischievous results or contravene the clear purpose of the legislature, it should be construed according to its spirit and reason, disregarding as far as necessary the letter... of the law. A statute may therefore be extended to cases not within the literal meaning of its terms, so long as they come within its spirit or intent.

In view of the foregoing, we state the twin elements for the application of Paragraph 2 of Article 26 as follows:

There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and

A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.

The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.

the law confers jurisdiction on Philippine courts to extend the effect of a foreign divorce decree to a Filipino spouse without undergoing trial to determine the validity of the dissolution of the marriage.

the foreign judgment and its authenticity must be proven as facts under our rules on evidence, together with the alien's applicable national law to show the effect of the judgment on the alien himself or herself.

The recognition may be made in an action instituted specifically for the purpose or in another action where a party invokes the foreign decree as an integral aspect of his claim or defense... in order for a divorce obtained abroad by the alien spouse to be recognized in our jurisdiction, it must be shown that the divorce decree is valid according to the national law of the foreigner. Both the divorce decree and the governing personal law of the alien spouse who obtained the divorce must be proven.

Since our courts do not take judicial notice of foreign laws and judgment, our law on evidence requires that both the divorce decree and the national law of the alien must be alleged and proven like any other fact.

, only Philippine nationals are covered by the policy against absolute divorces the same being considered contrary to our concept of public policy and... morality.  However, aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are valid according to their national law.

To maintain, as private respondent does, that, under our laws, petitioner has to be considered still married to private respondent and still subject to a wife's obligations under Article 109, et. seq. of the Civil Code cannot be just.  Petitioner should not be... obliged to live together with, observe respect and fidelity, and render support to private respondent.  The latter should not continue to be one of her heirs with possible rights to conjugal property.  She should not be discriminated against in her own country if the... ends of justice are to be served.

  • GRACE J. GARCIA v. REDERICK A. RECIO, GR No. 138322, 2001-10-02
    A divorce obtained abroad by an alien may be recognized in our jurisdiction, provided such decree is valid according to the national law of the foreigner. However, the divorce decree and the governing personal law of the alien spouse who obtained the divorce... must be proven.  Our courts do not take judicial notice of foreign laws and judgments; hence, like any other facts, both the divorce decree and the national law of the alien must be alleged and proven according to our law on evidence.

Philippine law does not provide for absolute divorce; hence, our courts cannot grant it.[21]

A marriage between two Filipinos cannot be dissolved... even by a divorce obtained abroad, because of Articles 15[22]... and 17[23]... of the Civil Code.[24]

In mixed marriages involving a Filipino and a foreigner, Article 26[25]... of the Family Code... allows the former to contract a subsequent marriage in case the divorce is "validly obtained abroad by the alien spouse capacitating him or her to remarry."[26]

A divorce obtained abroad by a couple, who are both aliens, may be recognized in the

Philippines, provided it is consistent with their respective national laws.

A comparison between marriage and divorce, as far as pleading and proof are concerned, can be made.  Van Dorn v. Romillo Jr. decrees that "aliens may obtain divorces abroad, which may be recognized in the Philippines, provided they are valid according to their... national law."[28]

Therefore, before a foreign divorce decree can be recognized by our courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it.[29]

Presentation... solely of the divorce decree is insufficient.

the legal capacity to contract marriage is determined by the national law of the party concerned.  The certificate mentioned in Article 21 of the Family Code would have been sufficient to establish the legal capacity of respondent, had he duly... presented it in court. A duly authenticated and admitted certificate is prima facie evidence of legal capacity to marry on the part of the alien applicant for a marriage license.

Article 17 of the

Civil Code provides that the policy against absolute divorces cannot be subverted by judgments promulgated in a foreign country.  The inclusion of the second paragraph in Article 26 of the Family Code provides the direct exception to this rule and serves as basis for... recognizing the dissolution of the marriage between the Filipino spouse and his or her alien spouse.

Additionally, an action based on the second paragraph of Article 26 of the Family Code is not limited to the recognition of the foreign divorce decree.  If the court finds that the decree capacitated the alien spouse to remarry, the courts can declare that the Filipino... spouse is likewise capacitated to contract another marriage.  No court in this jurisdiction, however, can make a similar declaration for the alien spouse (other than that already established by the decree), whose status and legal capacity are generally governed by his... national law.

The foreign divorce decree is presumptive evidence of a right that clothes the party with legal interest to petition for its recognition in this jurisdiction... the unavailability of the second paragraph of Article 26 of the Family Code to aliens does not necessarily strip Gerbert of legal interest to petition the RTC for the recognition of his foreign divorce decree.  The foreign divorce decree itself, after its... authenticity and conformity with the alien's national law have been duly proven according to our rules of evidence, serves as a presumptive evidence of right in favor of Gerbert, pursuant to Section 48, Rule 39 of the Rules of Court which provides for the effect of foreign... judgments.

  • EDGAR SAN LUIS v. FELICIDAD SAN LUIS, GR NO. 133743, 2007-02-06
    Unquestionably, the law should never be interpreted in such a way as to cause injustice as this is never within the legislative intent. An indispensable part of that intent, in fact, for we presume the good motives of the legislature, is to render... justice.

Thus, we interpret and apply the law not independently of but in consonance with justice. Law and justice are inseparable, and we must keep them so. To be sure, there are some laws that, while generally valid, may seem arbitrary when applied in a particular case because of its... peculiar circumstances. In such a situation, we are not bound, because only of our nature and functions, to apply them just the same, in slavish obedience to their language. What we do instead is find a balance between the word and the will, that justice may be done even as the... law is obeyed.

As judges, we are not automatons. We do not and must not unfeelingly apply the law as it is worded, yielding like robots to the literal command without regard to its cause and consequence. "Courts are apt to err by sticking too closely to the words of a law," so we are warned,... by Justice Holmes again, "where these words import a policy that goes beyond them."

a foreign divorce and its legal effects may be recognized in the Philippines insofar as respondent is concerned in view of the nationality principle in our civil law on the status of... persons.

As a general rule, divorce decrees obtained by foreigners in other countries are recognizable in our jurisdiction, but the legal effects thereof, e.g. on custody, care and support of the children, must still be determined by our courts.

Before... our courts can give the effect of res judicata to a foreign judgment, such as the award of custody to petitioner by the German court, it must be shown that the parties opposed to the judgment had been given ample opportunity to do so

It is essential that there should be an opportunity to challenge the foreign judgment, in order for the court in this jurisdiction to properly determine its efficacy.

No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage.

  • OCA v. JUDGE ANATALIO S. NECESSARIO, AM No. MTJ-07-1691, 2013-04-02
    cohabitation... the solemnizing officer is not duty-bound to investigate whether or not a marriage license has been duly and regularly issued by the local civil registrar. All the solemnizing officer needs to know is that the license has been issued by the competent official, and... it may be presumed from the issuance of the license that said official has fulfilled the duty to ascertain whether the contracting parties had fulfilled the requirements of law

Marriages of exceptional character such as those... made under Article 34 are, doubtless, the exceptions to the rule on the indispensability of the formal requisite of a marriage license.[126]

Under the rules of statutory construction, exceptions as a general rule should be strictly but reasonably... construed.[127] 

The affidavits of cohabitation should not be issued and accepted pro forma particularly in view of the settled rulings of the Court on this matter. The five-year period of cohabitation should be one of a perfect union valid under the... law but rendered imperfect only by the absence of the marriage contract.[128]

The parties should have been capacitated to marry each other during the entire period and not only at the time of the marriage.

The absence of a marriage license will clearly render a marriage void ab initio.[130]

The actions of the judges have raised a very alarming issue regarding the validity of the marriages they solemnized since they did not follow the proper... procedure or check the required documents and qualifications. In Aranes v. Judge Salvador Occiano,[131]... the Court said that a marriage solemnized without a marriage license is void and the subsequent issuance of the license cannot render valid or add... even an iota of validity to the marriage. It is the marriage license that gives the solemnizing officer the authority to solemnize a marriage and the act of solemnizing the marriage without a license constitutes gross ignorance of the law.

A marriage license is issued by the local civil registrar to parties who have all the qualifications and none of the legal disqualifications to contract marriage.[27]

Before performing the marriage ceremony, the judge must personally examine the marriage... license presented.

If the contracting parties have cohabited as husband and wife for at least five years and have no legal impediment to marry, they are exempt from the marriage license requirement.[29]

Instead, the parties must present an affidavit of cohabitation sworn to... before any person authorized by law to administer oaths.[30]

The judge, as solemnizing officer, must personally examine the affidavit of cohabitation as to the parties having lived together as husband and wife for at least five years and the absence of any... legal impediment to marry each other.[31]

The judge must also execute a sworn statement that he personally ascertained the parties' qualifications to marry and found no legal impediment to the marriage.

Based on law and the Guidelines on the Solemnization of Marriage by the Members of the Judiciary, the person who notarizes the contracting parties' affidavit of cohabitation cannot be the judge who will solemnize the parties' marriage.

As a solemnizing officer, the judge's only duty involving the affidavit of cohabitation is to examine whether the parties have indeed lived together for at least five years without legal impediment to marry. The Guidelines does not state that the judge can notarize the parties'... affidavit of cohabitation.

Marriages of exceptional character are, doubtless, the exceptions to the rule on the indispensability of the formal requisite of a marriage license. Under the rules of statutory construction, exceptions, as a general rule, should be strictly[38]... but... reasonably construed.[39]

They extend only so far as their language fairly warrants, and all doubts should be resolved in favor of the general provisions rather than the exception.[40]

Where a general rule is established by statute... with exceptions, the court will not curtail the former or add to the latter by implication.[41]

For the exception in Article 76 to apply, it is a sine qua non thereto that the man and the woman must have attained the age of majority, and that,... being unmarried, they have lived together as husband and wife for at least five years.

he exception of a marriage license under Article 76 applies only to those who have lived together as husband and wife for at least five years and... desire to marry each other. The Civil Code, in no ambiguous terms, places a minimum period requirement of five years of cohabitation. No other reading of the law can be had, since the language of Article 76 is precise. The minimum requisite of five years of cohabitation is an... indispensability carved in the language of the law. For a marriage celebrated under Article 76 to be valid, this material fact cannot be dispensed with. It is embodied in the law not as a directory requirement, but as one that partakes of a mandatory character. It is worthy to... mention that Article 76 also prescribes that the contracting parties shall state the requisite facts[42]... in an affidavit before any person authorized by law to administer oaths; and that the official, priest or minister who solemnized the marriage shall... also state in an affidavit that he took steps to ascertain the ages and other qualifications of the contracting parties and that he found no legal impediment to the marriage.

An action for nullity of marriage is imprescriptible

  • REINEL ANTHONY B. DE CASTRO v. ANNABELLE ASSIDAO-DE CASTRO, GR No. 160172, 2008-02-13
    The falsity of the affidavit cannot be considered as a mere irregularity in the formal requisites of marriage. The law dispenses with the marriage license requirement for a man and a woman who have lived together and exclusively with each other as husband and wife for a... continuous and unbroken period of at least five years before the marriage. The aim of this provision is to avoid exposing the parties to humiliation, shame and embarrassment concomitant with the scandalous cohabitation of persons outside a valid marriage due to the publication... of every applicant's name for a marriage license.[26]

In the instant case, there was no "scandalous cohabitation" to protect; in fact, there was no cohabitation at all. The false affidavit which petitioner and respondent executed so they could push through... with the marriage has no value whatsoever; it is a mere scrap of paper. They were not exempt from the marriage license requirement. Their failure to obtain and present a marriage license renders their marriage void ab initio.

  • ENGRACE NI AL FOR HERSELF v. NORMA BAYADOG, GR No. 133778, 2000-03-14
    the five-year common-law cohabitation period, which is counted back from the date of celebration of marriage, should be a period of legal union had it not been for the absence of the marriage. This 5-year period should... be the years immediately before the day of the marriage and it should be a period of cohabitation characterized by exclusivity - meaning no third party was involved at any time within the 5 years and continuity - that is unbroken. Otherwise, if that continuous 5-year... cohabitation is computed without any distinction as to whether the parties were capacitated to marry each other during the entire five years, then the law would be sanctioning immorality and encouraging parties to have common law relationships and placing them on the same... footing with those who lived faithfully with their spouse. Marriage being a special relationship must be respected as such and its requirements must be strictly observed. The presumption that a man and a woman deporting themselves as husband and wife is based on the... approximation of the requirements of the law. The parties should not be afforded any excuse to not comply with every single requirement and later use the same missing element as a pre-conceived escape ground to nullify their marriage. There should be no exemption from securing a... marriage license unless the circumstances clearly fall within the ambit of the exception. It should be noted that a license is required in order to notify the public that two persons are about to be united in matrimony and that anyone who is aware or has knowledge of any... impediment to the union of the two shall make it known to the local civil registrar.

However, other than for purposes of remarriage, no judicial action is necessary to declare a marriage an absolute nullity. For other purposes, such as but not limited to determination of heirship, legitimacy or illegitimacy of a child, settlement of estate, dissolution of... property regime, or a criminal case for that matter, the court may pass upon the validity of marriage even in a suit not directly instituted to question the same so long as it is essential to the determination of the case. This is without prejudice to any issue that may arise in... the case. When such need arises, a final judgment of declaration of nullity is necessary even if the purpose is other than to remarry. The clause "on the basis of a final judgment declaring such previous marriage void" in Article 40 of the Family Code connotes that such final... judgment need not be obtained only for purpose of remarriage.

VOID MARRIAGES

  • FEDERICO C. SUNTAY v. ISABEL COJUANGCO-SUNTAY*, GR No. 132524, 1998-12-29
    The fundamental distinction between void and voidable marriages is that void marriage is deemed never to have taken place at all. The effects of void marriages, with respect to property relations of the spouses are provided for under Article 144 of the Civil Code. Children born... of such marriages who are called natural children by legal fiction have the same status, rights and obligations as acknowledged natural children under Article 89[20]... irrespective of whether or not the parties to the void marriage are in good faith or in bad... faith.

On the other hand, a voidable marriage, is considered valid and produces all its civil effects, until it is set aside by final judgment of a competent court in an action for annulment. Juridically, the annulment of a marriage dissolves the special contract as if it had never... been entered into but the law makes express provisions to prevent the effects of the marriage from being totally wiped out. The status of children born in voidable marriages is governed by the second paragraph of Article 89

Stated otherwise, the annulment of "the marriage by the court abolishes the legal character of the society formed by the putative spouses, but it cannot destroy the juridical consequences which the marital union produced during its continuance.

Indeed, the terms "annul" and "null and void" have different legal connotations and implications. Annul means to reduce to nothing; annihilate; obliterate; to make void or of no effect; to nullify; to abolish; to do away with[23]... whereas null and void is... something that does not exist from the beginning. A marriage that is annulled presupposes that it subsists but later ceases to have legal effect when it is terminated through a court action. But in nullifying a marriage, the court simply declares a status condition which already... exists from the very beginning.

Marriages solemnized without license except those exempt by law shall be void from the beginning.

Considering that the absence of the marriage license is apparent on the marriage contract itself, with a false statement therein that the marriage is of an exceptional character, and no proof to the contrary was presented, there is no other plausible conclusion other than that the marriage between Luis and Severina was celebrated without a valid marriage license and is thus, void ab initio.

a marriage solemnized without a marriage license based on a fabricated claim of exceptional character, is void. In lieu of a marriage license, therein parties to the marriage executed a false affidavit of marital cohabitation. In declaring the marriage void, the Court rejected the notion that all the formal and essential requisites of marriage were complied with. The Court held that to permit a false affidavit to take the place of a marriage license is to allow an abject circumvention of the law.

The Court cannot turn a blind eye to the statements made in the marriage contract because these refer to the absence of a formal requisite of marriage. "The parties should not be afforded any excuse to not comply with every single requirement and later use the same missing element as a pre-conceived escape ground to nullify their marriage. There should be no exemption from securing a marriage license unless the circumstances clearly fall within the ambit of the exception."[82]

"The requirement and issuance of marriage license is the State's demonstration of its involvement and participation in every marriage, in the maintenance of which the general public is interested. This interest proceeds from the constitutional mandate that the State recognizes the sanctity of family life and of affording protection to the family as a basic 'autonomous social institution

Marriages of exceptional character are, doubtless, the exceptions to the rule on the indispensability of the formal requisite of a marriage license. Under the rules of statutory construction, exceptions, as a general rule, should be strictly[38]... but... reasonably construed.[39]

They extend only so far as their language fairly warrants, and all doubts should be resolved in favor of the general provisions rather than the exception.[40]

Where a general rule is established by statute... with exceptions, the court will not curtail the former or add to the latter by implication.[41]

For the exception in Article 76 to apply, it is a sine qua non thereto that the man and the woman must have attained the age of majority, and that,... being unmarried, they have lived together as husband and wife for at least five years.

he exception of a marriage license under Article 76 applies only to those who have lived together as husband and wife for at least five years and... desire to marry each other. The Civil Code, in no ambiguous terms, places a minimum period requirement of five years of cohabitation. No other reading of the law can be had, since the language of Article 76 is precise. The minimum requisite of five years of cohabitation is an... indispensability carved in the language of the law. For a marriage celebrated under Article 76 to be valid, this material fact cannot be dispensed with. It is embodied in the law not as a directory requirement, but as one that partakes of a mandatory character. It is worthy to... mention that Article 76 also prescribes that the contracting parties shall state the requisite facts[42]... in an affidavit before any person authorized by law to administer oaths; and that the official, priest or minister who solemnized the marriage shall... also state in an affidavit that he took steps to ascertain the ages and other qualifications of the contracting parties and that he found no legal impediment to the marriage.

An action for nullity of marriage is imprescriptible

  • JAIME O. SEVILLA v. CARMELITA N. CARDENAS, GR NO. 167684, 2006-07-31
    Thus, the certification to be issued by the Local Civil Registrar must categorically state that the document does not exist in his office or the particular entry could not be found in the register despite diligent search. Such certification shall be sufficient proof of lack or... absence of record

Moreover, the absence of the logbook is not conclusive proof of non-issuance of Marriage License No. 2770792. It can also mean, as we believed true in the case at bar, that the logbook just cannot be found. In the absence of showing of diligent efforts to search for the said... logbook, we cannot easily accept that absence of the same also means non-existence or falsity of entries therein.

Finally, the rule is settled that every intendment of the law or fact leans toward the validity of the marriage, the indissolubility of the marriage bonds.[23]

The courts look upon this presumption with great favor. It is not to be lightly repelled; on the... contrary, the presumption is of great weight.

Bigamous or polygamous marriages not failing under Article 41 shall be void from the beginning.

Subsequent marriages that are void under Article 53 shall be void from the beginning.

Under the Civil Code, a void marriage differs from a voidable marriage in the following ways: (1) a void marriage is nonexistent - i.e., there was no marriage from the beginning - while in a voidable marriage, the marriage is valid until annulled by a competent court; (2) a void marriage cannot be ratified, while a voidable marriage can be ratified by cohabitation; (3) being nonexistent, a void marriage can be collaterally attacked, while a voidable marriage cannot be collaterally attacked; (4) in a void marriage, there is no conjugal partnership and the offspring are natural children by legal fiction, while in voidable marriage there is conjugal partnership and the children conceived before the decree of annulment are considered legitimate; and (5) "in a void marriage no judicial decree to establish the invalidity is necessary," while in a voidable marriage there must be a judicial decree.

A judicial declaration of absolute nullity of marriage is now expressly required where the nullity of a previous marriage is invoked for purposes of contracting a second marriage.[38]

A second marriage contracted prior to the issuance of this declaration of nullity is thus considered bigamous and void.[

Marriage, a sacrosanct institution, declared by the Constitution as an "inviolable social institution, is the foundation of the family;" as such, it "shall be protected by the State." In more explicit terms, the Family Code characterizes it as "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." So crucial are marriage and the family to the stability and peace of the nation that their "nature, consequences, and incidents are governed by law and not subject to stipulation." As a matter of policy, therefore, the nullification of a marriage for the purpose of contracting another cannot be accomplished merely on the basis of the perception of both parties or of one that their union is so defective with respect to the essential requisites of a contract of marriage as to render it void ipso jure and with no legal effect — and nothing more. Were this so, this inviolable social institution would be reduced to a mockery and would rest on very shaky foundations indeed. And the grounds for nullifying marriage would be as diverse and far-ranging as human ingenuity and fancy could conceive. For such a socially significant institution, an official state pronouncement through the courts, and nothing less, will satisfy the exacting norms of society. Not only would such an open and public declaration by the courts definitively confirm the nullity of the contract of marriage, but the same would be easily verifiable through records accessible to everyone.

the requirement of a judicial decree of nullity does not apply to marriages that were celebrated before the effectivity of the Family Code, particularly if the children of the parties were born while the Civil Code was in force.

A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (Psychological Incapacity)

  • RACHEL A. DEL ROSARIO v. JOSE O. DEL ROSARIO, GR No. 222541, 2017-02-15
    psychological incapacity as a ground to nullify the marriage under Article 36[35]... of the Family Code, as amended, should refer to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage.

It should refer to no less than a mental - not merely 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 provided under Article 68[37]... of the Family Code, among others,[38]... include their mutual obligations to live together, observe love, respect and fidelity, and render help and support.[39]

In other words, it must be a malady that is so grave and permanent as to deprive one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume.

psychological incapacity under Article 36 of the Family Code must be characterized by: (a) gravity, i.e., it must be grave and serious such that the party would be incapable of carrying out the ordinary duties required in a marriage; (b) juridical antecedence, i.e., it must be rooted in the history of the party antedating the marriage, although the overt manifestations may emerge only after the marriage; and (c) incurability, i.e., it must be incurable, or otherwise the cure would be beyond the means of the party involved.

The Court laid down more definitive guidelines in the interpretation and application of Article 36 in Republic v. Molina[43]

(Molina) whose salient points are footnoted below,[44]... that incorporated the basic requirements the Court established in Santos.

an expert opinion is not absolutely necessary and may be dispensed with in a petition under Article 36 of the Family Code if the totality of the evidence shows that psychological incapacity exists and its gravity, juridical antecedence, and incurability can be duly established.

The evidence need not necessarily come from the allegedly incapacitated spouse, but can come from persons intimately related to the spouses, i.e., relatives and close friends, who could clearly testify on the allegedly incapacitated spouse's condition at or about the time of the marriage.

In other words, the Molina guidelines continue to apply but its application calls for a more flexible approach in considering petitions for declaration of nullity of marriages based on psychological incapacity.[47]

To be clear, however, the totality of the evidence must still establish the characteristics that Santos laid down: gravity, incurability, and juridical antecedence.

irreconcilable differences, sexual infidelity or perversion, emotional immaturity and irresponsibility, and the like, do not by themselves warrant a finding of psychological incapacity, as [these] may only be due to a person's difficulty, refusal, or neglect to undertake  the obligations of marriage that is not rooted in some psychological illness that Article 36 of the Family Code addresses.

The Court equally did not consider as tantamount to psychological incapacity the emotional immaturity, irresponsibility, sexual promiscuity, and other behavioral disorders... psychological incapacity must be more than just a "difficulty," "refusal" or "neglect" in the performance of the marital obligations; it is not enough that a party prove that the other failed to meet the responsibility and duty of a married person.

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.

Article 36 of the Family Code, as amended, is not a divorce law that cuts the marital bond at the time the grounds for divorce manifest themselves;[60]... a marriage, no matter how unsatisfactory, is not a null and void marriage. Thus, absent sufficient evidence establishing psychological incapacity within the context of Article 36, the Court is compelled to uphold the indissolubility of the marital tie.

The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.

Only an aggrieved or injured spouse may file a petition for annulment of voidable marriages or declaration of absolute nullity of void marriages.  Such petition cannot be filed by compulsory or intestate heirs of the spouses or by the State.  The Committee is of... the belief that they do not have a legal right to file the petition.  Compulsory or intestate heirs have only inchoate rights prior to the death of their predecessor, and hence can only question the validity of the marriage of the spouses upon the death of a spouse in a... proceeding for the settlement of the estate of the deceased spouse filed in the regular courts.  On the other hand, the concern of the State is to preserve marriage and not to seek its dissolution

The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.

  • CENON R. TEVES v. PEOPLE, GR No. 188775, 2011-08-24
    A declaration of the absolute nullity of a marriage is now explicitly required either as a cause of action or a ground for defense.  Where the absolute nullity of a previous marriage is sought to be invoked for purposes of contracting a... second marriage, the sole basis acceptable in law for said projected marriage to be free from legal infirmity is a final judgment declaring the previous marriage void.

parties to a marriage should not be allowed to assume that their marriage is void even if such be the fact but must first... secure a judicial declaration of the nullity of their marriage before they can be allowed to marry again.

the requirement for a declaration of absolute nullity of a marriage is also for the protection of the spouse who, believing that his or her marriage is illegal and void, marries again.  With the judicial declaration of the nullity of his or her marriage, the person... who marries again cannot be charged with bigamy.

a judicial declaration of nullity is required before a valid subsequent marriage can be contracted; or else, what transpires is a bigamous marriage, reprehensible and immoral.

  • NORBERTO A. VITANGCOL v. PEOPLE, GR No. 207406, 2016-01-13
    Persons intending to contract a second marriage must first secure a judicial declaration of nullity of their first marriage. If they proceed with the second marriage without the judicial declaration, they are guilty of bigamy regardless of evidence of the... nullity of the first marriage.

marriages are not dissolved through mere certifications... by the civil registrar.

The fourth requisite—the marriage license—is issued by the local civil registrar of the municipality where either contracting party habitually resides.[38]

The marriage license represents the state's "involvement and participation in every marriage, in the... maintenance of which the general public is interested."[39]

To prove that a marriage was solemnized without a marriage license, "the law requires that the absence of such marriage license must be apparent on the marriage contract, or at the very least, supported by a certification from the local civil registrar that no such marriage... license was issued to the parties.

Mere presentation of a certification... from the civil registrar that the marriage license cannot be found is not enough to discharge the burden of proving that no such marriage license was issued.

parties to a marriage should not be permitted to judge for themselves its nullity, only competent courts having such authority. Prior to such declaration of nullity, the validity of the first marriage is beyond question. A party who contracts a second marriage then... assumes the risk of being prosecuted for bigamy.

Should the requirement of judicial declaration of nullity be removed as an element of the crime of bigamy, Article 349 of Revised Penal Code becomes useless. "[A]ll that an adventurous bigamist has to do is to ... contract a subsequent marriage and escape a bigamy charge by... simply claiming that the first marriage is void and that the subsequent marriage is equally void for lack of a prior judicial declaration of nullity of the first."[60]

Further, "[a] party may even enter into a marriage aware of the absence of a... requisite—usually the marriage license—and thereafter contract a subsequent marriage without obtaining a judicial declaration of nullity of the first on the assumption that the first marriage is void.

  • ROBERTO DOMINGO v. CA, GR No. 104818, 1993-09-17
    That Article 40 as finally formulated included the significant clause denotes that such final judgment declaring the previous marriage void need not be obtained only for purposes of remarriage. Undoubtedly, one can conceive of other instances where a party might well invoke... the absolute nullity of a previous marriage for purposes other than remarriage, such as in case of an action for liquidation, partition, distribution and separation of property between the erstwhile spouses, as well as an action for the custody and support of their common... children and the delivery of the latters' presumptive legitimes. In such cases, evidence needs must be adduced, testimonial or documentary, to prove the existence of grounds rendering such a previous marriage an absolute nullity. These need not be limited solely to an... earlier final judgment of a court declaring such previous marriage void. Hence, in the instance where a party who has previously contracted a marriage which remains subsisting desires to enter into another marriage which is legally unassailable, he is required by law to prove... that the previous one was an absolute nullity. But this he may do on the basis solely of a final judgment declaring such previous marriage void.

Marriage, a sacrosanct institution, declared by the Constitution as an "inviolable social institution, is the foundation of the family;" as such, it "shall be protected by the State."[20]

In more explicit terms, the Family Code... characterizes it as "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."[21]

So crucial are... marriage and the family to the stability and peace of the nation that their "nature, consequences, and incidents are governed by law and not subject to stipulation..."[22]

As a matter of policy, therefore,... the nullification of a marriage for the purpose of contracting another cannot be accomplished merely on the basis of the perception of both parties or of one that their union is so defective with respect to the essential requisites of a contract of marriage as to render it... void ipso jure and with no legal effect - and nothing more. Were this so, this inviolable social institution would be reduced to a mockery and would rest on very shaky foundations indeed. And the grounds for nullifying marriage would be as diverse and... far-ranging as human ingenuity and fancy could conceive. For such a socially significant institution, an official state pronouncement through the courts, and nothing less, will satisfy the exacting norms of society. Not only would such an open and public... declaration by the courts definitively confirm the nullity of the contract of marriage, but the same would be easily verifiable through records accessible to everyone.

That the law seeks to ensure that a prior marriage is no impediment to a second sought to be contracted by one of the parties may be gleaned from new information required in the Family Code to be included in the application for a marriage license, viz, "If previously married,... how, when and where the previous marriage was dissolved and annulled.

  • NOEL A. LASANAS v. PEOPLE, GR No. 159031, 2014-06-23
    Any person who contracts a second marriage without first having a judicial declaration of the nullity of his or her first marriage, albeit on its face void and inexistent for lack of a marriage license, is guilty of bigamy as defined and penalized by Article

349 of the Revised Penal Code.

The Family Code has settled once and for all the conflicting jurisprudence on the matter. A declaration of the absolute nullity of a marriage is now explicitly required either as a cause of action or a ground for defense. Where the absolute nullity of a... previous marriage is sought to be invoked for purposes of contracting a second marriage, the sole basis acceptable in law for said projected marriage to be free from legal infirmity is a final judgment declaring the previous marriage void.

parties to a marriage should not be allowed to assume that their marriage is void even if such be the fact but must first... secure a judicial declaration of the nullity of their marriage before they can be allowed to marry again.

the requirement for a declaration of absolute nullity of a marriage is also for the protection of the spouse who, believing that his or her marriage is illegal and void, marries again. With the judicial declaration of the nullity of his or her marriage, the person who... marries again cannot be charged with bigamy.

a judicial declaration of nullity is required before a valid subsequent marriage can be contracted; or else, what transpires is a bigamous marriage, reprehensible and immoral.

  • ALAIN M. DI O v. MA. CARIDAD L. DI O, GR No. 178044, 2011-01-19
    It is clear from Article 50 of the Family Code that Section 19(1) of the Rule applies only to marriages which are declared void ab initio or annulled by final judgment under Articles 40 and 45 of the Family Code. In short, Article 50 of the Family Code does... not apply to marriages which are declared void ab initio under Article 36 of the Family Code, which should be declared void without waiting for the liquidation of the properties of the parties.

Article 40 of the Family Code contemplates a situation where a second or bigamous marriage was contracted.

Article 45 of the Family Code, on the other hand, refers to voidable marriages, meaning, marriages which are valid until they are set aside by final judgment of a competent court in an action for annulment.[12]

In both instances under Articles 40 and 45,... the marriages are governed either by absolute community of property[13]... or conjugal partnership of gains[14]... unless the parties agree to a complete separation of property in a marriage settlement entered into before the marriage. Since... the property relations of the parties is governed by absolute community of property or conjugal partnership of gains, there is a need to liquidate, partition and distribute the properties before a decree of annulment could be issued. That is not the case for annulment of... marriage under Article 36 of the Family Code because the marriage is governed by the ordinary rules on co-ownership.

A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

With the judgment being final, it necessarily follows that it is no longer subject to an appeal, the dispositions and conclusions therein having become immutable and unalterable not only as against the parties but even as against the courts.[8]

Modification... of the court's ruling, no matter how erroneous is no longer permissible. The final and executory nature of this summary proceeding thus prohibits the resort to appeal.

A losing party in this proceeding, however, is not entirely left without a remedy. While jurisprudence tells us that no appeal can be made from the trial court's judgment, an aggrieved party may, nevertheless, file a petition for certiorari under Rule 65 of the Rules of

Court to question any abuse of discretion amounting to lack or excess of jurisdiction that transpired.

The Essential Requisites for the Declaration of Presumptive Death Under Article 41 of the Family Code

Before a judicial declaration of presumptive death can be obtained, it must be shown that the prior spouse had been absent for four consecutive years and the present spouse had a well-founded belief that the prior spouse was already dead. Under Article 41 of the Family Code,... there are four (4) essential requisites for the declaration of presumptive death:

That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code;

That the present spouse wishes to remarry;

That the present spouse has a well-founded belief that the absentee is dead; and

That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.[12]

The Present Spouse Has the Burden of Proof to Show that All the Requisites Under Article 41 of the Family Code Are Present

The burden of proof rests on the present spouse to show that all the requisites under Article 41 of the Family Code are present. Since it is the present spouse who, for purposes of declaration of presumptive death, substantially asserts the affirmative of the issue, it stands to... reason that the burden of proof lies with him/her. He who alleges a fact has the burden of proving it and mere allegation is not evidence.

Declaration of Presumptive Death Under Article 41 of the Family Code Imposes a Stricter Standard

Notably, Article 41 of the Family Code, compared to the old provision of the Civil Code which it superseded, imposes a stricter standard. It requires a "well-founded belief" that the absentee is already dead before a petition for declaration of presumptive... death can be granted. We have had occasion to make the same observation in Republic v. Nolasco,[14]... where we noted the crucial differences between Article 41 of the Family Code and Article 83 of the Civil Code, to wit:

Under Article 41, the time required for the presumption to arise has been shortened to four (4) years; however, there is need for a judicial declaration of presumptive death to enable the spouse present to remarry. Also, Article 41 of the Family Code imposes a... stricter standard than the Civil Code: Article 83 of the Civil Code merely requires either that there be no news that such absentee is still alive; or the absentee is generally considered to be dead and believed to be so by the spouse present, or is... presumed dead under Articles 390 and 391 of the Civil Code. The Family Code, upon the other hand, prescribes as "well founded belief" that the absentee is already dead before a petition for declaration of presumptive death can be... granted.

Thus, mere absence of the spouse (even for such period required by the law), lack of any news that such absentee is still alive, failure to communicate or general presumption of absence under the Civil Code would not suffice. This conclusion proceeds from the premise that

Article 41 of the Family Code places upon the present spouse the burden of proving the additional and more stringent requirement of "well-founded belief" which can only be discharged upon a showing of proper and honest-to-goodness inquiries and efforts to ascertain not... only the absent spouse's whereabouts but, more importantly, that the absent spouse is still alive or is already dead.

The Requirement of Well-Founded Belief

The law did not define what is meant by "well-founded belief." It depends upon the circumstances of each particular case. Its determination, so to speak, remains on a case-to-case basis. To be able to comply with this requirement, the present spouse must prove that his/her... belief was the result of diligent and reasonable efforts and inquiries to locate the absent spouse and that based on these efforts and inquiries, he/she believes that under the circumstances, the absent spouse is already dead. It requires exertion of active effort (not... a mere passive one).

To illustrate this degree of "diligent and reasonable search" required by the law, an analysis of the following relevant cases is warranted:

  • REPUBLIC v. CA, GR NO. 159614, 2005-12-09
    The spouse present is, thus, burdened to prove that his spouse has been absent and that he has a well-founded belief that the absent spouse is already dead before the present spouse may contract a subsequent marriage. The law does not define what is meant by a well-grounded... belief.

Belief is a state of the mind or condition prompting the doing of an overt act. It may be proved by direct evidence or circumstantial evidence which may tend, even in a slight degree, to elucidate the inquiry or assist to a determination probably founded in truth. Any fact or... circumstance relating to the character, habits, conditions, attachments, prosperity and objects of life which usually control the conduct of men, and are the motives of their actions, was, so far as it tends to explain or characterize their disappearance or throw light on their... intentions,[27]... competence evidence on the ultimate question of his death.

The belief of the present spouse must be the result of proper and honest to goodness inquiries and efforts to ascertain the whereabouts of the absent spouse and whether the absent spouse is still alive or is already dead. Whether or not the spouse present acted on a well-founded... belief of death of the absent spouse depends upon the inquiries to be drawn from a great many circumstances occurring before and after the disappearance of the absent spouse and the nature and extent of the inquiries made by present spouse.

Although testimonial evidence may suffice to prove the well-founded belief of the present spouse that the absent spouse is already dead, in Republic v. Nolasco,[29]... the Court warned against collusion between the parties when they find it... impossible to dissolve the marital bonds through existing legal means. It is also the maxim that "men readily believe what they wish to be true."

  • REPUBLIC v. GREGORIO OLASCO, GR No. 94053, 1993-03-17
    When Article 41 is compared with the old provision of the Civil Code, which it superseded,[7]... the following crucial differences emerge. Under Article 41, the time required for the presumption to arise has been shortened to four (4) years; however, there is... need for a judicial declaration of presumptive death to enable the spouse present to remarry.[8]

Also, Article 41 of the Family Code imposes a stricter standard than the Civil Code: Article 83 of the Civil Code merely requires either that there be no... news that such absentee is still alive; or the absentee is generally considered to be dead and believed to be so by the spouse present, or is presumed dead under Article 390 and 391 of the Civil Code.[9]

The Family Code, upon the other hand, prescribes... a "well founded belief" that the absentee is already dead before a petition for declaration of presumptive death can be granted.

there are four (4) requisites for the declaration of presumptive death under Article 41 of the Family Code:

"1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code;

2.  That the present spouse wishes to remarry;

3.  That the present spouse has a well-founded belief that the absentee is dead; and

4.  That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.

The Family Code provides that it is the proof of absence of a spouse for four consecutive years, coupled with a well-founded belief by the present spouse that the absent spouse is already dead, that constitutes a justification for a second marriage during the subsistence of... another marriage.

the Family Code provides the presumptively dead spouse with the remedy of terminating the subsequent marriage by mere reappearance.

The filing of an affidavit of reappearance is an admission on the part of the first spouse that his or her marriage to the present spouse was terminated when he or she was declared absent or presumptively dead.

Moreover, a close reading of the entire Article 42 reveals that the termination of the subsequent marriage by reappearance is subject to several conditions: (1) the non-existence of a judgment annulling the previous marriage or declaring it void ab initio; (2) recording... in the civil registry of the residence of the parties to the subsequent marriage of the sworn statement of fact and circumstances of reappearance; (3) due notice to the spouses of the subsequent marriage of the fact of reappearance; and (4) the fact of reappearance must either... be undisputed or judicially determined.

The existence of these conditions means that reappearance does not always immediately cause the subsequent marriage's termination.  Reappearance of the absent or presumptively dead spouse will cause the termination of the subsequent marriage only when all the conditions... enumerated in the Family Code are present.

Hence, the subsequent marriage may still subsist despite the absent or presumptively dead spouse's reappearance (1) if the first marriage has already been annulled or has been declared a nullity; (2) if the sworn statement of the reappearance is not recorded in the civil... registry of the subsequent spouses' residence; (3) if there is no notice to the subsequent spouses; or (4) if the fact of reappearance is disputed in the proper courts of law, and no judgment is yet rendered confirming, such fact of reappearance.

When subsequent marriages are contracted after a judicial declaration of presumptive death, a presumption arises that the first spouse is already dead and that the second marriage is legal. This presumption should prevail over the continuance of the marital relations with the... first spouse.[48]

The second marriage, as with all marriages, is presumed valid.[49]

The burden of proof to show that the first marriage was not properly dissolved rests on the person assailing the validity of the second... marriage.[50]

A subsequent marriage contracted in bad faith, even if it was contracted after a court declaration of presumptive death, lacks the requirement of a well-founded belief[56]... that the spouse is already dead. The first marriage will not be considered as.

validly terminated. Marriages contracted prior to the valid termination of a subsisting marriage are generally considered bigamous and void.[57]

Only a subsequent marriage contracted in good faith is protected by law.

Therefore, the party who contracted the subsequent marriage in bad faith is also not immune from an action to declare his subsequent marriage void for being bigamous. The prohibition against marriage during the subsistence of another marriage still applies.

The provision on reappearance in the Family Code as a remedy to effect the termination of the subsequent marriage does not preclude the spouse who was declared presumptively dead from availing other remedies existing in law. This court had, in fact, recognized that a subsequent... marriage may also be terminated by filing "an action in court to prove the reappearance of the absentee and obtain a declaration of dissolution or termination of the subsequent marriage.

  • EDUARDO P. MANUEL v. PEOPLE, GR NO. 165842, 2005-11-29
    Thus, before the spouse present may contract a subsequent marriage, he or she must... institute summary proceedings for the declaration of the presumptive death of the absentee spouse,[45]... without prejudice to the effect of the reappearance of the absentee spouse.

In contrast, under the 1988 Family Code, in order that a subsequent bigamous marriage may exceptionally be considered valid, the following conditions must concur, viz.: (a) The prior spouse of the contracting party must have been absent for four... consecutive years, or two years where there is danger of death under the circumstances stated in Article 391 of the Civil Code at the time of disappearance; (b) the spouse present has a well-founded belief that the absent spouse is already dead; and (c) there is, unlike the old... rule, a judicial declaration of presumptive death of the absentee for which purpose the spouse present can institute a summary proceeding in court to ask for that declaration.  The last condition is consistent and in consonance with the requirement of judicial intervention... in subsequent marriages as so provided in Article 41, in relation to Article 40, of the Family Code.

the declaration of absence made in accordance with the provisions of the Civil Code has for its sole purpose the taking of the necessary precautions for the administration of the estate of the absentee.

a judicial declaration that a person is presumptively dead, because he or she had been unheard... from in seven years, being a presumption juris tantum only, subject to contrary proof, cannot reach the stage of finality or become final; and that proof of actual death of the person presumed dead being unheard from in seven years, would have to be made in another... proceeding to have such particular fact finally determined.  The Court ruled that if a judicial decree declaring a person presumptively dead because he or she had not been heard from in seven years cannot become final and executory even after the lapse of the reglementary... period within which an appeal may be taken, for such presumption is still disputable and remains subject to contrary proof, then a petition for such a declaration is useless, unnecessary, superfluous and of no benefit to the petitioner.

  • REPUBLIC v. FERVENTINO U. TANGO, GR No. 161062, 2009-07-31
    By express provision of law, the judgment of the court in a summary proceeding shall be immediately final and executory. As a matter of course, it follows that no appeal can be had of the trial court's judgment in a summary proceeding for the declaration of presumptive death of... an absent spouse under Article 41 of the Family Code. It goes without saying, however, that an aggrieved party may file a petition for certiorari to question abuse of discretion amounting to lack of jurisdiction.

The doctrine of finality of judgment is grounded on the fundamental principle of public policy and sound practice that, at the risk of occasional error, the judgment of courts and the award of quasi-judicial agencies must become final on some definite date fixed by law. The only... exceptions to the general rule are the correction of clerical errors, the so-called nunc pro tunc entries which cause no prejudice to any party, void judgments, and whenever circumstances transpire after the finality of the decision which render its execution unjust and... inequitable.

The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio. A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed.

The Family Code provides that it is the proof of absence of a spouse for four consecutive years, coupled with a well-founded belief by the present spouse that the absent spouse is already dead, that constitutes a justification for a second marriage during the subsistence of... another marriage.

the Family Code provides the presumptively dead spouse with the remedy of terminating the subsequent marriage by mere reappearance.

The filing of an affidavit of reappearance is an admission on the part of the first spouse that his or her marriage to the present spouse was terminated when he or she was declared absent or presumptively dead.

Moreover, a close reading of the entire Article 42 reveals that the termination of the subsequent marriage by reappearance is subject to several conditions: (1) the non-existence of a judgment annulling the previous marriage or declaring it void ab initio; (2) recording... in the civil registry of the residence of the parties to the subsequent marriage of the sworn statement of fact and circumstances of reappearance; (3) due notice to the spouses of the subsequent marriage of the fact of reappearance; and (4) the fact of reappearance must either... be undisputed or judicially determined.

The existence of these conditions means that reappearance does not always immediately cause the subsequent marriage's termination.  Reappearance of the absent or presumptively dead spouse will cause the termination of the subsequent marriage only when all the conditions... enumerated in the Family Code are present.

Hence, the subsequent marriage may still subsist despite the absent or presumptively dead spouse's reappearance (1) if the first marriage has already been annulled or has been declared a nullity; (2) if the sworn statement of the reappearance is not recorded in the civil... registry of the subsequent spouses' residence; (3) if there is no notice to the subsequent spouses; or (4) if the fact of reappearance is disputed in the proper courts of law, and no judgment is yet rendered confirming, such fact of reappearance.

When subsequent marriages are contracted after a judicial declaration of presumptive death, a presumption arises that the first spouse is already dead and that the second marriage is legal. This presumption should prevail over the continuance of the marital relations with the... first spouse.[48]

The second marriage, as with all marriages, is presumed valid.[49]

The burden of proof to show that the first marriage was not properly dissolved rests on the person assailing the validity of the second... marriage.[50]

A subsequent marriage contracted in bad faith, even if it was contracted after a court declaration of presumptive death, lacks the requirement of a well-founded belief[56]... that the spouse is already dead. The first marriage will not be considered as.

validly terminated. Marriages contracted prior to the valid termination of a subsisting marriage are generally considered bigamous and void.[57]

Only a subsequent marriage contracted in good faith is protected by law.

Therefore, the party who contracted the subsequent marriage in bad faith is also not immune from an action to declare his subsequent marriage void for being bigamous. The prohibition against marriage during the subsistence of another marriage still applies.

The provision on reappearance in the Family Code as a remedy to effect the termination of the subsequent marriage does not preclude the spouse who was declared presumptively dead from availing other remedies existing in law. This court had, in fact, recognized that a subsequent... marriage may also be terminated by filing "an action in court to prove the reappearance of the absentee and obtain a declaration of dissolution or termination of the subsequent marriage.

VOIDABLE MARRIAGES

45

  • ALAIN M. DI O v. MA. CARIDAD L. DI O, GR No. 178044, 2011-01-19
    It is clear from Article 50 of the Family Code that Section 19(1) of the Rule applies only to marriages which are declared void ab initio or annulled by final judgment under Articles 40 and 45 of the Family Code. In short, Article 50 of the Family Code does... not apply to marriages which are declared void ab initio under Article 36 of the Family Code, which should be declared void without waiting for the liquidation of the properties of the parties.

Article 40 of the Family Code contemplates a situation where a second or bigamous marriage was contracted.

Article 45 of the Family Code, on the other hand, refers to voidable marriages, meaning, marriages which are valid until they are set aside by final judgment of a competent court in an action for annulment.[12]

In both instances under Articles 40 and 45,... the marriages are governed either by absolute community of property[13]... or conjugal partnership of gains[14]... unless the parties agree to a complete separation of property in a marriage settlement entered into before the marriage. Since... the property relations of the parties is governed by absolute community of property or conjugal partnership of gains, there is a need to liquidate, partition and distribute the properties before a decree of annulment could be issued. That is not the case for annulment of... marriage under Article 36 of the Family Code because the marriage is governed by the ordinary rules on co-ownership.

50

  • ANTONIO A. S. VALDES v. RTC, GR No. 122749, 1996-07-31
    The term "capacitated" in the provision (in the first... paragraph of the law) refers to the legal capacity of a party to contract marriage, i.e., any "male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38"[7]... of the Code.

The first... paragraph of Article 50 of the Family Code, applying paragraphs (2 ),(3 ),(4) and (5) of Article 43,[13]... relates only, by its explicit terms, to voidable marriages and, exceptionally, to void marriages under Article 40[14]... of the Code,... i.e., the declaration of nullity of a subsequent marriage contracted by a spouse of a prior void marriage before the latter is judicially declared void. The latter is a special rule that somehow recognizes the philosophy and an old doctrine that void marriages are inexistent... from the very beginning and no judicial decree is necessary to establish their nullity.

In now requiring for purposes of remarriage, the declaration of nullity by final judgment of the previously contracted void marriage, the present law aims to do away with any continuing... uncertainty on the status of the second marriage.

147/148

  • ALAIN M. DI O v. MA. CARIDAD L. DI O, GR No. 178044, 2011-01-19
    It is clear from Article 50 of the Family Code that Section 19(1) of the Rule applies only to marriages which are declared void ab initio or annulled by final judgment under Articles 40 and 45 of the Family Code. In short, Article 50 of the Family Code does... not apply to marriages which are declared void ab initio under Article 36 of the Family Code, which should be declared void without waiting for the liquidation of the properties of the parties.

Article 40 of the Family Code contemplates a situation where a second or bigamous marriage was contracted.

Article 45 of the Family Code, on the other hand, refers to voidable marriages, meaning, marriages which are valid until they are set aside by final judgment of a competent court in an action for annulment.[12]

In both instances under Articles 40 and 45,... the marriages are governed either by absolute community of property[13]... or conjugal partnership of gains[14]... unless the parties agree to a complete separation of property in a marriage settlement entered into before the marriage. Since... the property relations of the parties is governed by absolute community of property or conjugal partnership of gains, there is a need to liquidate, partition and distribute the properties before a decree of annulment could be issued. That is not the case for annulment of... marriage under Article 36 of the Family Code because the marriage is governed by the ordinary rules on co-ownership.