Civil Code of the Philippines

G.R. No. 159521 Francisco L. Gonzales vs. Erminda F. Gonzales Promulgated 2005 SANDOVAL-GUTIERREZ, J.: Facts: Francisco Gonzales and Erminda Gonzales were living as husband and wife and they have blessed 4 children. Erminda filed a complaint with RTC Makati City; for annulment of marriage alleges that Francisco is psychological incapacitated to comply with the obligations of marriage. During the times they lived together they acquired properties. Erminda managed their pizza business and work hard for its development. She prays for the declaration of the nullity of their marriage and for the dissolution of the conjugal partnership of gains. But Francisco denied that allegations and claimed that he exclusively owns the properties existing during their marriage. The court rendered its decision, ordering the dissolution of the conjugal partnership of gains and dividing the conjugal properties between Francisco and Erminda. Francisco was not satisfied with the manner of dividing...

VIRGILIO MAQUILAN, G.R. NO. 155409 Petitioner, Present: YNARES-SANTIAGO, J., Chairperson, - versus - AUSTRIA-MARTINEZ, CHICO-NAZARIO, and NACHURA, JJ. DITA MAQUILAN, Promulgated: Respondent. June 8, 2007 x- - - - - - - - - - - - - - - - - - AUSTRIA-MARTINEZ, J.: Facts: Herein petitioner and Herein respondent are spouses who had a blissful married life and out of which were blessed to have a son. Until she discovered that her husband was having illicit affair with her paramour. She files a case of adultery to both respondent and paramour, and was sentenced to suffer an imprisonment. Thereafter, the respondent filed a declaration of Nullity of Marriage, Dissolution and Liquidation of Conjugal Partnership of Gains Damages, imputing psychological incapacity on the part of the Petitioner. During the pre-trial of the said case, petitioner and private respondent entered into a Compromise Agreement. However...

CENON R. TEVES, Petitioner , -  versus  – PEOPLE OF THE PHILIPPINES and DANILO R. BONGALON, Respondents. G.R. No. 188775 August 24, 2011 PEREZ,  J .: Facts: On November 26, 1992, a marriage was solemnized between Cenon Teves (Cenon) and Thelma Jaime-Teves (Thelma) at the Metropolitan Trial Court of Muntinlupa City, Metro Manila. Thelma left to work abroad and she only come home to the Philippines for vacation. While on vacation , she was informed that her husband marry another woman Edita Calderon (Edita) , so she go to the NSO and secured a copy of Certificate of Marriage indicating that her husband and Edita contracted marriage on December 10, 2001. Danilo Bongalon (Danilo), uncle of Thelma filed a complaint accusing Cenon of committing bigamy. Petitioner was charged with bigamy defined and penalized. During the pendency of Bigamy Case, RTC rendered a decision declaring the marriage of Cenon and Thelma null and void on the gr...

G.R. No. 169900 March 18, 2010 MARIO SIOCHI, Petitioner, vs. ALFREDO GOZON, et al., Respondents. G.R. No. 169977 INTER-DIMENSIONAL REALTY, INC., Petitioner, vs. MARIO SIOCHI, ELVIRA GOZON, et al., Respondents. CARPIO, J.: Facts: Elvira Gozon filed with the RTC Cavite a petition for legal separation against her husband Alfredo Gozon. Then, while the pending case of Legal Separation of both parties, Alfredo and Mario entered into Agreement of Buy and Sell involving their conjugal property for the price of 18 million pesos. Mario pays the partial payment of the said price and he took the possession of the property. When the Court granted the legal separation of Elvira and Mario, their property was dissolved and liquidated. Being the offending spouse, Alfredo is deprived of his share in the net profits and the same is awarded to their child Winifred R. Gozon whose custody is awarded to Elvira. On Oct, 26, 1994 Alfredo sold that property into Inter Dimensional Realty Inc. for 18 mill...

G.R. No. 145370 March 4, 2004 MARIETTA B. ANCHETA, petitioner, vs. RODOLFO S. ANCHETA, respondent. CALLEJO, SR., Facts: On December 6, 1992, the respondent left the conjugal home and abandoned the petitioner and their children. The Respondent intended to marry again and filed a petition with RTC Cavite for the declaration of nullity of his marriage with petitioner on the ground of psychological incapacity. The clerk of court issued summons to the petitioner at the address stated in the petition. The sheriff served the summons and a copy of the petition by substituted service on June 6, 1995 on the petitioner’s son, Venancio Mariano B. Ancheta III, submitted a Return of Service to the court stating that the summons and a copy of the petition were served on the petitioner through her son. The petitioner failed to file an answer to the petition. During the hearing on the said date, there was no appearance for the petitioner. The public prosecutor appeared for the State and offered ...

FAMILY CODE of the PHILIPPINES Title IV – PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE Section 4. ARTICLE 96 Reported by: Mary Grace De Lumban Joy G. De Loyola The administration and enjoyment of the community property shall belong to both spouses jointly. In case of dis agreement, the husband’s decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision . In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties , the other spouse may assume sole powers of administration . These powers do not include the powers of disposition or encumbrance without authority of the court or the written consent of the spouse. In the absence of such authority or consent , the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the...

FAMILY CODE of the PHILIPPINES Title IV – PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE ARTICLE 80 Reported by : Mary Grace A. De Lumban Joy G. De Loyola In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence. This rule shall not apply: 1. Where both spouses are aliens; 2. With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located; and, 3. With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity. RULES GOVERNING PROPERTY RELATIONS. • Property relations of spouses can be governed by the will of the parties provided that their agreement wi...

FAMILY CODE of the PHILIPPINES Title II – LEGAL SEPARATION ARTICLE 64 Reported by: Mary Grace De Lumban Joy G. De Loyola After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for  revocation in the registries of property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured . The action to revoke the donation under this article must be brought within five years from the time the decree of legal separa...

The FAMILY CODE OF THE PHILIPPINES Title I – MARRIAGE Chapter 3 – VOID AND VOIDABLE MARRIAGES ARTICLE 48 Reported by : Mary Grace De Lumban Joy G. De Loyola Article 48 In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed. In cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or confession of judgment. (88a) REASON FOR THE LAW.  The intention of the law is clear, that is to preserve the marriage. The State has interest in the marriage as the foundation of the family, that is why, it is required that in case of annulment or declaration of nullity of marriage, the prosecutor or fiscal assigned to the court where the case is pending must appear on behalf of the State to see...

The FAMILY CODE OF THE PHILIPPINES Title I – MARRIAGE Chapter 2 – MARRIAGES EXEMPT FROM THE LICENSE REQUIREMENT ARTICLE 32 Reported by: Mary Grace De Lumban Joy G. De Loyola Article 32 A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in  articulo  mortis  between persons within the zone of military operation, whether members of the armed forces or civilians. EXEMPTION FROM MARRIAGE LICENSE.  Articles 27, 28, 31, 32, 33, and 34 are situations where the contracting parties need not obtain a marriage license prior to getting validly married. These situations are explicitly declared by Article 3(2) as exceptions to the formal requirement of a valid marriage license. These exceptions are likewise referred to in Article 9, which provides that “a marriage license shall be issued by the local civil registrar of the city or municipality where either of the contracting parties habitually r...