LAST-MINUTE TIPS FOR THE SEPTEMBER 2025 BAR EXAMINATIONS ON CIVIL LAW
BY PROF. NICO B. VALDERRAMA, CPA, MPM, LLM
CIVIL LAW
IMPORTANT NOTE: This document is not meant to replace adequate review time and reputable reference materials
in preparation for the bar examinations. This is merely a review aid and should not be your primary review material.
The pointers from Supreme Court decisions included herein are not sufficient substitute to reading the full text of said
decisions.
PERSONS 9. Doctrine of PRESUMPTIVE PERSONALITY: A
conceived child is presumed to have civil
1. WHEN SHALL THE LAW TAKE EFFECT personality for all purposes favorable to it
WHEN IT PROVIDES THAT IT SHALL “TAKE provided that it is born in accordance with
EFFECT IMMEDIATELY”? It shall take effect Article 41 of the NCC.
immediately after publication. The immediate
effectivity clause does not preclude the 10. JURIDICAL CAPACITY is the fitness to be the
requirement of publication required under subject of legal relations. NCC37
Article 2 of the New Civil Code (NCC) since the
clear object of the law is to give the general 11. CAPACITY TO ACT is the power to do acts
public adequate notice of the various laws with legal
which are to regulate their actions and conduct effects.NCC37
as citizens.TANADA VS. TUVERA
12. The legal
2. INTERPRETATIVE REGULATIONS and those capacity of
merely internal in nature need not be aliens to enter
published. TANADA VS. TUVERA into contracts or
marriage shall be
3. DECISIONS OF THE SUPREME COURT are governed by their
not law, but rather evidence of what the law NATIONAL LAW
means.NCC8 pursuant to the nationality principle.
4. WHY ARE CURATIVE STATUTES GIVEN 13. NO ADMINISTRATIVE CORRECTION OF
RETROACTIVE EFFECT? By their very ENTRIES must involve a change of
nature, curative statutes are retroactive and nationality, age, or status of the
reach back to past events to correct errors or petitioner.RA9048,S2
irregularities and to render valid and effective
attempted acts which would be otherwise 14. CAN A PERSON DIE WITHOUT HAVING A
ineffective for the purpose the parties LEGAL PERSONALITY? The NCC does not
intended.REPUBLIC VS. PASIG RIZAL CO. INC. explicitly state that only those who have
acquired juridical personality could die. Death
5. Acts executed against the provisions of has been defined as the cessation of life. Life
mandatory or prohibitory laws shall be VOID, is not synonymous with civil personality. One
except when the law itself authorizes their need not acquire civil personality first before
validity.NCC5 he/she could die. Even a child inside the womb
already has life. No less than the Constitution
6. Rights may be WAIVED, unless the waiver is recognizes the life of the unborn from
contrary to law, public order, public policy, conception, that the State must protect equally
morals, or good customs, or prejudicial to a with the life of the mother. If the unborn already
third person with a right recognized by law.NCC6 has life, then the cessation thereof even prior
to the child being delivered, qualifies as
7. PENAL LAWS and those of public security and death.CONTINENTAL STEEL VS. MONTANO
safety shall be obligatory upon all who live
or sojourn in Philippine territory, subject to the 15. WHEN MAY ILLEGITIMATE CHILDREN USE
principles of public international law and to THE SURNAME OF THEIR FATHER? Under
treaty stipulations. NCC14 Article 176 of the Family Code (FC),
illegitimate children may use the surname of
8. Philippine CIVIL LAW follows where the their father if their filiation has been expressly
, LAST-MINUTE TIPS FOR THE SEPTEMBER 2025 BAR EXAMINATIONS ON CIVIL LAW
BY PROF. NICO B. VALDERRAMA, CPA, MPM, LLM
admission in a public document or private 23. A mere irregularity in the issuance of the
handwritten instrument is made by the father. marriage license shall not render the marriage
void, but the party responsible for the
16. In case of annulment of marriage, the innocent irregularity shall be CIVILLY, CRIMINALLY
wife may continue using her FORMER AND ADMINISTRATIVELY LIABLE.FC5
HUSBAND’S SURNAME unless she or her
former husband is married again to another 24. ARE MARRIAGES ENTERED INTO FOR
person.NCC371 PURPOSES OF MONEY VALID? Marriages
entered into for other purposes, limited or
17. The PRESUMPTION OF DEATH UNDER THE otherwise, such as convenience,
NCC is merely one of evidence which may be companionship, money, status, and title,
invoked in any action or proceeding. Thus, it provided that they comply with all the legal
cannot be the lone subject of an independent requisites, are EQUALLY VALID.REPUBLIC VS.
ALBIOS
action or proceeding.TADEO-MATIAS VS. REPUBLIC
MARRIAGE 25. The duty of the local civil registrar in issuing
the marriage license is PURELY
18. WHO IS LEGALLY CAPACITATED TO MINISTERIAL. He/she is not empowered to
CONTRACT MARRIAGE? Any male or female rule upon the validity of the intended marriage
of the age of eighteen years or upwards not due to any known impediment.FC18
under any of the impediments mentioned in
Articles 37 and 38 of the FC.FC5 26. A marriage celebrated without the required
parental advice remains VALID because
19. CAN SAME-SEX MARRIAGES BE such is a mere irregularity in a formal
CONSIDERED VALID IN THE PHILIPPINES? requisite.FC4; FC16
No, Article 1 of the Family Code defines a
marriage to be a special contract of permanent 27. WHAT IS THE STATUS OF A MARRIAGE
union between a man and a woman entered CELEBRATED USING AN EXPIRED
into in accordance with law for the MARRIAGE LICENSE? A marriage license is
establishment of conjugal and family life. By valid only for a period of 120 days from date of
mere definition, same-sex marriages, even if issue, and it is deemed automatically cancelled
valid where celebrated, cannot be considered upon expiration of said period. The marriage
valid in the Philippines. shall be void due to lack of one of the formal
requisites: valid marriage license.FC4; FC20
20. A marriage where any party is below 18, but
with consent of the parents and solemnized 28. While a MARRIAGE CONTRACT is the best
outside the Philippines and valid there as evidence of a marriage, the lack of it does not
such, is VOID.FC26; FC35 negate the existence of a valid marriage.SPOUSES
VILLANUEVA VS. CA
21. WHERE SHALL MARRIAGE BE
SOLEMNIZED PUBLICLY? The marriage shall 29. Divorce between Filipinos is VOID AND
be solemnized publicly: INEFFECTUAL under the nationality rule.
(1) in the chambers of the judge or in open Hence, any settlement of property between
court, the parties of the first marriage involving
(2) in the church, chapel, or temple, or Filipinos submitted as an incident of such
(3) in the office the consul-general, consul or divorce obtained in a foreign country lacks
vice-consul, competent judicial approval, and cannot be
as the case may be, and not elsewhere, enforceable against the assets of the husband
except in cases of: who contracts a subsequent marriage.LAVADIA VS.
HEIRS OF LUNA
- marriages contracted:
o on the point of death, or
o in remote places, or 30. A mayor who solemnized a marriage
- where both of the parties request the BETWEEN AUGUST 3, 1988 AND
solemnizing officer in writing in which case DECEMBER 31, 1991 did not have authority to
the marriage may be solemnized at a solemnize a marriage rendering the marriage
house or place designated by them in a void.NCC56; FC7; LGC
sworn statement to that effect.FC8
31. What exempts contracting parties from the
, LAST-MINUTE TIPS FOR THE SEPTEMBER 2025 BAR EXAMINATIONS ON CIVIL LAW
BY PROF. NICO B. VALDERRAMA, CPA, MPM, LLM
COHABITATION of at least 5 years, not the whether who among the contracting parties
affidavit of such fact. secured the divorce decree.REPUBLIC VS. MANALO
32. WHEN ARE MARRIAGES CONSIDERED 38. If the marriage is annulled and the WIFE IS
VALID DESPITE ABSENCE OF A VALID THE INNOCENT PARTY, she may continue
MARRIAGE LICENSE? using her former husband’s name, unless: (a)
(a) Marriages in articulo mortisFC29; FC31; FC32; the court decrees otherwise, or (b) she or the
(b) Marriages in remote placesFC28; former husband is married again to another
(c) Marriages among Muslims and members person.NCC371
of ethnic cultural communitiesFC33;
(d) Marriages celebrated abroad where a valid 39. PROVISIONAL ABSENCE refers to when a
marriage license is not required for validity person disappears from his domicile, his
of such marriageFC26, and whereabouts being unknown, without leaving
(e) Ratification of marital cohabitationFC34. an agent to administer his property.NCC381
33. The falsity of affidavit of marital cohabitation 40. DECLARED ABSENCE refers to when a
(where no marital cohabitation existed for at person disappears from his domicile, and 2
least 5 years) shall render the marriage VOID years have elapsed without any news about
for lack of a valid marriage license.REPUBLIC VS. him or since the receipt of the last news, or 5
BAYOT
years have elapsed in case he left a person to
administer his property.NCC384
34. In marital cohabitation, the FIVE-YEAR
PERIOD must be characterized with 41. There can be NO INDEPENDENT
exclusivity and continuity.NINAL VS. BAYADOG PROCEEDING for the express purpose of
securing a judicial declaration that a person is
35. A marriage celebrated through video presumptively dead, except for purposes of
conferencing where either or both parties do remarriage under Article 41 the FC.
not appear personally before the solemnizing
officer is NOT VALID IF CELEBRATED IN THE 42. Doctrine of TRIENNIAL COHABITATION
PHILIPPINES. If celebrated abroad, however, refers to the presumption that the husband is
and valid there as such, it shall likewise be impotent should the wife still remain a virgin
considered as valid in the Philippines. Same after living together with the husband for at
rule applies with marriage by proxy.FC26; FC35 least three years.
36. The following marriages are VOID even if such 43. If INSANITY existed later than the date of
are celebrated in a country where it is valid: celebration of marriage, there could be no
(a) where a party thereto is below 18 and he action for annulment of marriage.FC45
or she is a Filipino citizen;
(b) bigamous or polygamous; 44. In case of voidable marriages on the ground of
(c) when contracted through mistake of one lack of parental consent, the parent or
contracting party as to the identity of the guardian whose consent is required CANNOT
other; FILE for the annulment of the voidable
(d) if one of the parties in a subsequent marriage after the contracting party required
marriage is already a party to a prior to secure such consent has reached the age
marriage which has been annulled or of 21.FC47
judicially declared void but fails to comply
with the requirements of Article 52 of the 45. The requisites for declaration of nullity of
FC; marriage on the ground of psychological
(e) where one of the parties to such marriage, incapacity are:
at the time of its celebration, is (1) GRAVITY (serious enough that the
psychologically incapacitated to comply incapacitated party cannot assume the
with the essential marital obligations; marital and familial obligations),
(f) incestuous; (2) JURIDICAL ANTECEDENCE (the mental
(g) void by reason of public policy as incapacity existed at the time of the
enumerated in Article 38 of the FC; and marriage though it manifested only later),
(h) between members of the same sex. and
(3) INCURABILITY (the incapacity has no
37. A DIVORCE VALIDLY SECURED ABROAD cure, or if curable, the incapacitated has no
, LAST-MINUTE TIPS FOR THE SEPTEMBER 2025 BAR EXAMINATIONS ON CIVIL LAW
BY PROF. NICO B. VALDERRAMA, CPA, MPM, LLM
46. DOCTRINES HELD IN TAN-ANDAL VS. 49. DOES MERE REAPPEARANCE TERMINATE
ANDAL: THE SUBSEQUENT MARRIAGE
(1) Psychological incapacity is neither a CONTRACTED AFTER SECURING A
mental incapacity nor a personality JUDICIAL DECLARATION OF
disorder that must be proven through PRESUMPTIVE DEATH OF THE ABSENT
expert opinion. SPOUSE? No, it does not. It is the filing of an
(2) There must be proof, however, of the affidavit of reappearance that does.FC42
durable or enduring aspects of a person's
personality, called “personality 50. The relative guardian or person having
structure,” which manifests itself through legal charge of the insane in a voidable
clear acts of dysfunctionality that marriage and the sane spouse CANNOT
undermines the family. RATIFY said marriage.FC45; FC47
(3) The spouse's personality structure must
make it impossible for him or her to 51. The judicial declaration required under Article
understand and, more important, to 40 of the FC is not necessary if the previous
comply with his or her essential marital marriage is between members of the SAME
obligations. SEX, since it is not a marriage defined under
(4) Proof of these aspects of personality need Article 1 of the FC.
not be given by an expert. Ordinary
witnesses who have been present in the 52. WHAT ARE THE REQUISITES FOR THE
life of the spouses before the latter ISSUANCE OF JUDICIAL DECLARATION OF
contracted marriage may testify on PRESUMPTIVE DEATH?
behaviors that they have consistently (a) The absent spouse has been missing for
observed from the supposedly four consecutive years, or two consecutive
incapacitated spouse. From there, the years if the disappearance occurred where
judge will decide if these behaviors are there is danger of death under the
indicative of a true and serious incapacity circumstances laid down in Article 391 of
to assume the essential marital obligations. the Civil Code;
(b) The spouse present wishes to remarry;
47. DOES A PETITION FOR DECLARATION OF (c) The spouse present has a well-founded
NULLITY OF MARRIAGE DUE TO belief that the absentee spouse is dead;
PSYCHOLOGICAL INCAPACITY REQUIRE and
EXPERT OPINION ON SAID INCAPACITY? (d) The spouse present files a summary
No, because under Sec. 2(d) of the new Rule proceeding for the declaration of
on Declaration of Absolute Nullity of Void presumptive death of the absentee.REPUBLIC
Marriages and Annulment of Voidable VS. NOLASCO
Marriages, it has been clarified that a petition
for declaration of 53. In asking for a judicial declaration of
nullity under presumptive death of an absent spouse for
Article 36 of the purposes of remarriage, the belief that the
Family Code absent spouse is dead must be WELL-
need not allege FOUNDED.FC41
expert opinion
on the 54. WHEN IS BELIEF OF ABSENT SPOUSE’S
psychological DEATH WELL-FOUNDED? In determining the
incapacity or on existence of a “well-founded belief,” the belief
its root cause. of the present spouse must be the result of
What must be alleged are the physical proper and honest to goodness inquiries and
manifestations indicative of said incapacity. efforts to ascertain the whereabouts of the
absent spouse and whether the absent spouse
48. The property regime of a second marriage that is still alive or is already dead. Whether or not
is void under Article 40 (lack of judicial the spouse present acted on a well-founded
declaration of nullity of a previous void belief of death of the absent spouse depends
marriage for purposes of remarriage) of the FC upon the inquiries to be drawn from a great
shall be either ABSOLUTE COMMUNITY OF many circumstances occurring before and
PROPERTY OR CONJUGAL PARTNERSHIP after the disappearance of the absent spouse
OF GAINS depending on the date of and the nature and extent of the inquiries
celebration of the second marriage.VALDEZ VS. RTC made by the present spouse.REPUBLIC VS. CA &
BY PROF. NICO B. VALDERRAMA, CPA, MPM, LLM
CIVIL LAW
IMPORTANT NOTE: This document is not meant to replace adequate review time and reputable reference materials
in preparation for the bar examinations. This is merely a review aid and should not be your primary review material.
The pointers from Supreme Court decisions included herein are not sufficient substitute to reading the full text of said
decisions.
PERSONS 9. Doctrine of PRESUMPTIVE PERSONALITY: A
conceived child is presumed to have civil
1. WHEN SHALL THE LAW TAKE EFFECT personality for all purposes favorable to it
WHEN IT PROVIDES THAT IT SHALL “TAKE provided that it is born in accordance with
EFFECT IMMEDIATELY”? It shall take effect Article 41 of the NCC.
immediately after publication. The immediate
effectivity clause does not preclude the 10. JURIDICAL CAPACITY is the fitness to be the
requirement of publication required under subject of legal relations. NCC37
Article 2 of the New Civil Code (NCC) since the
clear object of the law is to give the general 11. CAPACITY TO ACT is the power to do acts
public adequate notice of the various laws with legal
which are to regulate their actions and conduct effects.NCC37
as citizens.TANADA VS. TUVERA
12. The legal
2. INTERPRETATIVE REGULATIONS and those capacity of
merely internal in nature need not be aliens to enter
published. TANADA VS. TUVERA into contracts or
marriage shall be
3. DECISIONS OF THE SUPREME COURT are governed by their
not law, but rather evidence of what the law NATIONAL LAW
means.NCC8 pursuant to the nationality principle.
4. WHY ARE CURATIVE STATUTES GIVEN 13. NO ADMINISTRATIVE CORRECTION OF
RETROACTIVE EFFECT? By their very ENTRIES must involve a change of
nature, curative statutes are retroactive and nationality, age, or status of the
reach back to past events to correct errors or petitioner.RA9048,S2
irregularities and to render valid and effective
attempted acts which would be otherwise 14. CAN A PERSON DIE WITHOUT HAVING A
ineffective for the purpose the parties LEGAL PERSONALITY? The NCC does not
intended.REPUBLIC VS. PASIG RIZAL CO. INC. explicitly state that only those who have
acquired juridical personality could die. Death
5. Acts executed against the provisions of has been defined as the cessation of life. Life
mandatory or prohibitory laws shall be VOID, is not synonymous with civil personality. One
except when the law itself authorizes their need not acquire civil personality first before
validity.NCC5 he/she could die. Even a child inside the womb
already has life. No less than the Constitution
6. Rights may be WAIVED, unless the waiver is recognizes the life of the unborn from
contrary to law, public order, public policy, conception, that the State must protect equally
morals, or good customs, or prejudicial to a with the life of the mother. If the unborn already
third person with a right recognized by law.NCC6 has life, then the cessation thereof even prior
to the child being delivered, qualifies as
7. PENAL LAWS and those of public security and death.CONTINENTAL STEEL VS. MONTANO
safety shall be obligatory upon all who live
or sojourn in Philippine territory, subject to the 15. WHEN MAY ILLEGITIMATE CHILDREN USE
principles of public international law and to THE SURNAME OF THEIR FATHER? Under
treaty stipulations. NCC14 Article 176 of the Family Code (FC),
illegitimate children may use the surname of
8. Philippine CIVIL LAW follows where the their father if their filiation has been expressly
, LAST-MINUTE TIPS FOR THE SEPTEMBER 2025 BAR EXAMINATIONS ON CIVIL LAW
BY PROF. NICO B. VALDERRAMA, CPA, MPM, LLM
admission in a public document or private 23. A mere irregularity in the issuance of the
handwritten instrument is made by the father. marriage license shall not render the marriage
void, but the party responsible for the
16. In case of annulment of marriage, the innocent irregularity shall be CIVILLY, CRIMINALLY
wife may continue using her FORMER AND ADMINISTRATIVELY LIABLE.FC5
HUSBAND’S SURNAME unless she or her
former husband is married again to another 24. ARE MARRIAGES ENTERED INTO FOR
person.NCC371 PURPOSES OF MONEY VALID? Marriages
entered into for other purposes, limited or
17. The PRESUMPTION OF DEATH UNDER THE otherwise, such as convenience,
NCC is merely one of evidence which may be companionship, money, status, and title,
invoked in any action or proceeding. Thus, it provided that they comply with all the legal
cannot be the lone subject of an independent requisites, are EQUALLY VALID.REPUBLIC VS.
ALBIOS
action or proceeding.TADEO-MATIAS VS. REPUBLIC
MARRIAGE 25. The duty of the local civil registrar in issuing
the marriage license is PURELY
18. WHO IS LEGALLY CAPACITATED TO MINISTERIAL. He/she is not empowered to
CONTRACT MARRIAGE? Any male or female rule upon the validity of the intended marriage
of the age of eighteen years or upwards not due to any known impediment.FC18
under any of the impediments mentioned in
Articles 37 and 38 of the FC.FC5 26. A marriage celebrated without the required
parental advice remains VALID because
19. CAN SAME-SEX MARRIAGES BE such is a mere irregularity in a formal
CONSIDERED VALID IN THE PHILIPPINES? requisite.FC4; FC16
No, Article 1 of the Family Code defines a
marriage to be a special contract of permanent 27. WHAT IS THE STATUS OF A MARRIAGE
union between a man and a woman entered CELEBRATED USING AN EXPIRED
into in accordance with law for the MARRIAGE LICENSE? A marriage license is
establishment of conjugal and family life. By valid only for a period of 120 days from date of
mere definition, same-sex marriages, even if issue, and it is deemed automatically cancelled
valid where celebrated, cannot be considered upon expiration of said period. The marriage
valid in the Philippines. shall be void due to lack of one of the formal
requisites: valid marriage license.FC4; FC20
20. A marriage where any party is below 18, but
with consent of the parents and solemnized 28. While a MARRIAGE CONTRACT is the best
outside the Philippines and valid there as evidence of a marriage, the lack of it does not
such, is VOID.FC26; FC35 negate the existence of a valid marriage.SPOUSES
VILLANUEVA VS. CA
21. WHERE SHALL MARRIAGE BE
SOLEMNIZED PUBLICLY? The marriage shall 29. Divorce between Filipinos is VOID AND
be solemnized publicly: INEFFECTUAL under the nationality rule.
(1) in the chambers of the judge or in open Hence, any settlement of property between
court, the parties of the first marriage involving
(2) in the church, chapel, or temple, or Filipinos submitted as an incident of such
(3) in the office the consul-general, consul or divorce obtained in a foreign country lacks
vice-consul, competent judicial approval, and cannot be
as the case may be, and not elsewhere, enforceable against the assets of the husband
except in cases of: who contracts a subsequent marriage.LAVADIA VS.
HEIRS OF LUNA
- marriages contracted:
o on the point of death, or
o in remote places, or 30. A mayor who solemnized a marriage
- where both of the parties request the BETWEEN AUGUST 3, 1988 AND
solemnizing officer in writing in which case DECEMBER 31, 1991 did not have authority to
the marriage may be solemnized at a solemnize a marriage rendering the marriage
house or place designated by them in a void.NCC56; FC7; LGC
sworn statement to that effect.FC8
31. What exempts contracting parties from the
, LAST-MINUTE TIPS FOR THE SEPTEMBER 2025 BAR EXAMINATIONS ON CIVIL LAW
BY PROF. NICO B. VALDERRAMA, CPA, MPM, LLM
COHABITATION of at least 5 years, not the whether who among the contracting parties
affidavit of such fact. secured the divorce decree.REPUBLIC VS. MANALO
32. WHEN ARE MARRIAGES CONSIDERED 38. If the marriage is annulled and the WIFE IS
VALID DESPITE ABSENCE OF A VALID THE INNOCENT PARTY, she may continue
MARRIAGE LICENSE? using her former husband’s name, unless: (a)
(a) Marriages in articulo mortisFC29; FC31; FC32; the court decrees otherwise, or (b) she or the
(b) Marriages in remote placesFC28; former husband is married again to another
(c) Marriages among Muslims and members person.NCC371
of ethnic cultural communitiesFC33;
(d) Marriages celebrated abroad where a valid 39. PROVISIONAL ABSENCE refers to when a
marriage license is not required for validity person disappears from his domicile, his
of such marriageFC26, and whereabouts being unknown, without leaving
(e) Ratification of marital cohabitationFC34. an agent to administer his property.NCC381
33. The falsity of affidavit of marital cohabitation 40. DECLARED ABSENCE refers to when a
(where no marital cohabitation existed for at person disappears from his domicile, and 2
least 5 years) shall render the marriage VOID years have elapsed without any news about
for lack of a valid marriage license.REPUBLIC VS. him or since the receipt of the last news, or 5
BAYOT
years have elapsed in case he left a person to
administer his property.NCC384
34. In marital cohabitation, the FIVE-YEAR
PERIOD must be characterized with 41. There can be NO INDEPENDENT
exclusivity and continuity.NINAL VS. BAYADOG PROCEEDING for the express purpose of
securing a judicial declaration that a person is
35. A marriage celebrated through video presumptively dead, except for purposes of
conferencing where either or both parties do remarriage under Article 41 the FC.
not appear personally before the solemnizing
officer is NOT VALID IF CELEBRATED IN THE 42. Doctrine of TRIENNIAL COHABITATION
PHILIPPINES. If celebrated abroad, however, refers to the presumption that the husband is
and valid there as such, it shall likewise be impotent should the wife still remain a virgin
considered as valid in the Philippines. Same after living together with the husband for at
rule applies with marriage by proxy.FC26; FC35 least three years.
36. The following marriages are VOID even if such 43. If INSANITY existed later than the date of
are celebrated in a country where it is valid: celebration of marriage, there could be no
(a) where a party thereto is below 18 and he action for annulment of marriage.FC45
or she is a Filipino citizen;
(b) bigamous or polygamous; 44. In case of voidable marriages on the ground of
(c) when contracted through mistake of one lack of parental consent, the parent or
contracting party as to the identity of the guardian whose consent is required CANNOT
other; FILE for the annulment of the voidable
(d) if one of the parties in a subsequent marriage after the contracting party required
marriage is already a party to a prior to secure such consent has reached the age
marriage which has been annulled or of 21.FC47
judicially declared void but fails to comply
with the requirements of Article 52 of the 45. The requisites for declaration of nullity of
FC; marriage on the ground of psychological
(e) where one of the parties to such marriage, incapacity are:
at the time of its celebration, is (1) GRAVITY (serious enough that the
psychologically incapacitated to comply incapacitated party cannot assume the
with the essential marital obligations; marital and familial obligations),
(f) incestuous; (2) JURIDICAL ANTECEDENCE (the mental
(g) void by reason of public policy as incapacity existed at the time of the
enumerated in Article 38 of the FC; and marriage though it manifested only later),
(h) between members of the same sex. and
(3) INCURABILITY (the incapacity has no
37. A DIVORCE VALIDLY SECURED ABROAD cure, or if curable, the incapacitated has no
, LAST-MINUTE TIPS FOR THE SEPTEMBER 2025 BAR EXAMINATIONS ON CIVIL LAW
BY PROF. NICO B. VALDERRAMA, CPA, MPM, LLM
46. DOCTRINES HELD IN TAN-ANDAL VS. 49. DOES MERE REAPPEARANCE TERMINATE
ANDAL: THE SUBSEQUENT MARRIAGE
(1) Psychological incapacity is neither a CONTRACTED AFTER SECURING A
mental incapacity nor a personality JUDICIAL DECLARATION OF
disorder that must be proven through PRESUMPTIVE DEATH OF THE ABSENT
expert opinion. SPOUSE? No, it does not. It is the filing of an
(2) There must be proof, however, of the affidavit of reappearance that does.FC42
durable or enduring aspects of a person's
personality, called “personality 50. The relative guardian or person having
structure,” which manifests itself through legal charge of the insane in a voidable
clear acts of dysfunctionality that marriage and the sane spouse CANNOT
undermines the family. RATIFY said marriage.FC45; FC47
(3) The spouse's personality structure must
make it impossible for him or her to 51. The judicial declaration required under Article
understand and, more important, to 40 of the FC is not necessary if the previous
comply with his or her essential marital marriage is between members of the SAME
obligations. SEX, since it is not a marriage defined under
(4) Proof of these aspects of personality need Article 1 of the FC.
not be given by an expert. Ordinary
witnesses who have been present in the 52. WHAT ARE THE REQUISITES FOR THE
life of the spouses before the latter ISSUANCE OF JUDICIAL DECLARATION OF
contracted marriage may testify on PRESUMPTIVE DEATH?
behaviors that they have consistently (a) The absent spouse has been missing for
observed from the supposedly four consecutive years, or two consecutive
incapacitated spouse. From there, the years if the disappearance occurred where
judge will decide if these behaviors are there is danger of death under the
indicative of a true and serious incapacity circumstances laid down in Article 391 of
to assume the essential marital obligations. the Civil Code;
(b) The spouse present wishes to remarry;
47. DOES A PETITION FOR DECLARATION OF (c) The spouse present has a well-founded
NULLITY OF MARRIAGE DUE TO belief that the absentee spouse is dead;
PSYCHOLOGICAL INCAPACITY REQUIRE and
EXPERT OPINION ON SAID INCAPACITY? (d) The spouse present files a summary
No, because under Sec. 2(d) of the new Rule proceeding for the declaration of
on Declaration of Absolute Nullity of Void presumptive death of the absentee.REPUBLIC
Marriages and Annulment of Voidable VS. NOLASCO
Marriages, it has been clarified that a petition
for declaration of 53. In asking for a judicial declaration of
nullity under presumptive death of an absent spouse for
Article 36 of the purposes of remarriage, the belief that the
Family Code absent spouse is dead must be WELL-
need not allege FOUNDED.FC41
expert opinion
on the 54. WHEN IS BELIEF OF ABSENT SPOUSE’S
psychological DEATH WELL-FOUNDED? In determining the
incapacity or on existence of a “well-founded belief,” the belief
its root cause. of the present spouse must be the result of
What must be alleged are the physical proper and honest to goodness inquiries and
manifestations indicative of said incapacity. efforts to ascertain the whereabouts of the
absent spouse and whether the absent spouse
48. The property regime of a second marriage that is still alive or is already dead. Whether or not
is void under Article 40 (lack of judicial the spouse present acted on a well-founded
declaration of nullity of a previous void belief of death of the absent spouse depends
marriage for purposes of remarriage) of the FC upon the inquiries to be drawn from a great
shall be either ABSOLUTE COMMUNITY OF many circumstances occurring before and
PROPERTY OR CONJUGAL PARTNERSHIP after the disappearance of the absent spouse
OF GAINS depending on the date of and the nature and extent of the inquiries
celebration of the second marriage.VALDEZ VS. RTC made by the present spouse.REPUBLIC VS. CA &
