Persons and Family Relations

What are the issues discussed in the following cases that are
relevant to Articles 1-51 of the Family Code:

1. Silverio versus Republic GR 174689

Answer:
One of the issues in the case is the application of Article 9 of the
New Civil Code. The case resolved whether or not Birth
Certificate as to First Name or Sex be changed on the ground of
sex reassignment.

The Supreme Court resolved that there is no law legally

recognizing sex reassignment.

It declared that yes, it is true Article 9 of the Civil Code mandates

that "no 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. If the legislature intends to confer on a person who has
undergone sex reassignment the privilege to change his name
and sex to conform with his reassigned sex, it has to enact
legislation laying down the guidelines in turn governing the
conferment of that privilege.

Finally, since there is no law stating that Birth Certificate as to

First Name or Sex be changed on the ground of sex
reassignment, then the Supreme Court decision in denying the
petition is proper. The remedies petitioner seeks involve
questions of public policy to be addressed solely by the
legislature, not by the courts.

2. Republic versus Cagandahan GR 1666676 September 12,

2008
Answer:
One of the issues in the case is the application of Article 9 of the
New Civil Code. The case resolved whether or not Birth
Certificate as to First Name or Sex be changed on the ground of
Intersexuality.
The Supreme Court resolved that various degrees of intersex as
variations must be recognized and which should not be subject to
outright denial. It is true that there is no law stating that the Birth
Certificate as to First Name or Sex be changed on the ground of
Intersexuality however, Article 9 of the civil code states that "no
judge or court shall decline to render judgment by reason of the
silence, obscurity or insufficiency of the law since the Court
determine based on medical testimony and scientific development
showing the respondent to be a male, then a change in the
subject’s birth certificate entry is in order.

It declared that the Court gives respect to (1) the diversity of

nature; and (2) how an individual deals with what nature has
handed out. It respects respondent’s congenital condition and his
mature decision to be a male. Life is already difficult for the
ordinary person. The Court cannot but respect how respondent
deals with his unordinary state and thus help makes his life
easier, considering the unique circumstances in this case.

3. Go versus Court of Appeals GR 114791 May 29, 1997

Answer:
One of the issues in the case is the application of Article 20 of the
New Civil Code. The case resolved whether or not the lack of
malice or fraudulent intent in the erasure of the tape liable for
damage.
Article 20 of the new civil code states that, “every person who
contrary to law, wilfully or negligently cause damage to another,
shall indemnify the latter for the same”.
The Supreme Court declared that the petitioners and private
respondents entered into a contract whereby, for a fee, the former
undertook to cover the latter's wedding and deliver to them a
video copy of said event. For reason that the video copy was
negligently deleted by them, petitioners failed to provide private
respondents with their tape. Clearly, petitioners are guilty of
contravening their obligation to said private respondents and are
thus liable for damages.
The Supreme court ruled that the award of damage is hereby
affirmed with modification that petitioner Alex Go is absolved from
any liability to private respondents because only his wife (Nancy)
entered into the contract and such liability is not automatically
same as his just because he is the husband and that petitioner
Nancy Go is solely liable to said private respondents for the
judgment award.

4. Martinez versus Tan 12. Phil. 731

Answer:
One of the issues in the case is the application of Article 19 of the
New Civil Code. The case resolved whether or not the Court may
allow the defendant to amend his answer to the complaint filed
against him.
The Supreme Court resolved that the defendant is allowed to
amend his answer, there is no abuse of discretion on the
allowance of defendant’s amendments of his answer and the
Court do not see how the plaintiff was in any way prejudiced.
It declared that based on the statement of the defendant’s lawyer
stated what he intended to allege in his first amendment, but by
reason of the haste with which the first amendment was drawn he
had unintentionally made it exactly the opposite of what he had
intended to state therefore, allowing the defendant to amend his
answer.

5. Republic versus Albios GR No. 198780 October 16, 2013

Answer:
One of the issues in the case is the application of Article 7 of the
New Civil Code. The case resolved whether or not the marriage
is void.
The Supreme Court resolved that marriages entered into for other
purposes, limited or otherwise, such as convenience,
companionship, money, status, and title, provided that they
comply with all the legal requisites are equally valid.
It declared that the Court cannot declare such a marriage void in
the event the parties fail to qualify for immigration benefits, after
they have availed of its benefits, or simply have no further use for
it. These unscrupulous individuals cannot be allowed to use the
courts as instruments in their fraudulent schemes.
No less than our Constitution declares that marriage, as an in
violable social institution, is the foundation of the family and shall
be protected by the State.

6. Nicdao Carino versus Carino GR No. 132529 February 2, 2001

Answer:
One of the issues in the case is the application of Article 5 of the
New Civil Code. The case resolved whether or not a final
judgment of declaration of nullity is necessary.
The Supreme Court resolved, for purposes other than to remarry,
like for filing a case for collection of sum of money anchored on a
marriage claimed to be valid, no prior and separate judicial
declaration of nullity is necessary. All that a party has to do is to
present evidence, testimonial or documentary that would prove
that the marriage from which his or her rights flow is in fact valid.
It declared that the petitioner is entitled to the death benefits of his
deceased husband even (if proven) the validity of their marriage is
null and void.

7. Republic versus Orbecido GR 154380 October 5, 2005

Answer:
One of the issues in the case is the application of Article 15 of the
New Civil Code. The case resolved whether or not the
respondent is allowed to remarry.

The Supreme Court resolved that the proper remedy of the

Filipino spouse, however, legal separation would not be a
sufficient remedy for it would not sever the marriage tie; hence,
the legally separated Filipino spouse would still remain married to
the naturalized alien spouse.

It declared that to allow a Filipino citizen, who has been divorced

by a spouse who had acquired foreign citizenship and remarried,
also to remarry. However, considering that in the present petition
there is no sufficient evidence submitted and on record, we are
unable to declare, based on respondent’s bare allegations that his
wife, who was naturalized as an American citizen, had obtained a
divorce decree and had remarried an American, that respondent
is now capacitated to remarry. Such declaration could only be
made properly upon respondent’s submission of the aforecited
evidence in his favor.

8. April 24, 2018 G.R. No. 221029 REPUBLIC OF THE

PHILIPPINES, Petitioner vs MARELYN TANEDO MANALO,
Respondent
Answer:
One of the issues in the case is the application of Article 3 of the
New Civil Code. The case resolved whether or not the Japanese
Law should govern as to the validity of their divorce.

The Supreme Court resolved that the Japanese law on divorce

must still be proved. Japanese laws on persons and family
relations are not among those matters that Filipino judges are
supposed to know by reason of their judicial function.

It declared that since the divorce was raised by Manalo, the

burden of proving the pertinent Japanese law validating it, as well
as her former husband's capacity to remarry, fall squarely upon
her. The case is REMANDED to the court of origin for further
proceedings and reception of evidence as to the relevant
Japanese law on divorce

9. Pilapil versus Ibay-Somera 174 SCRA 653

Answer:
One of the issues in the case is the application of Article 15 of the
New Civil Code. The case resolved whether or not the adultery
case against the petitioner be meritorious.

The Supreme Court resolved that 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 law-making.

It declared that it cannot be logically inferred therefrom that the

complaint can still be filed after the declaration of nullity because
such declaration that the marriage is void ab initio is equivalent to
stating that it never existed. There being no marriage from the
beginning, any complaint for adultery filed after said declaration of
nullity would no longer have a merit.

10. De Castro versus Asidao GR 160172 February 13, 2008

One of the issues in the case is the application of Article 5 of the
New Civil Code. The case resolved whether or not the marriage
of petitioner is null and void.

The Supreme Court resolved that 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.

It declared that 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.

11. Republic versus Dayot GR 175581 MArch 28, 2008

Answer:
One of the issues in the case is the application of Article 36 of the
New Civil Code. The case resolved whether or not the nullity of
marriage is a prejudicial question.
The Supreme Court resolved that an action for nullity of marriage
is imprescriptible. Jose and Felisa’s marriage was celebrated
without a marriage license. No other conclusion can be reached
except that it is void ab initio. In this case, the right to impugn a
void marriage does not prescribe, and may be raised any time.
It declared that the authorities are consistent that the declaration
of nullity of the parties’ marriage is without prejudice to their
criminal liability.

12. Chi Ming Tsoi versus Court of Appeals 266 SCRA 324
Answer:
One of the issues in the case is the application of Article 19 of the
New Civil Code. The issue in this case is whether or not the CA
erred in affirming the decision of the lower rendering the marriage
VOID on the ground of psychological incapacity.
The Supreme Court affirmed the decision of the CA. The Court
emphasized that there is a failed relationship between the parties.
That they found themselves trapped in its mire of unfulfilled vows
and unconsummated marital obligations. Well settled is the rule
that “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.
13. Ninal versus Bayadog 328 SCRA 122
Answer:
One of the issues in the case is the application of Article 5 of the
New Civil Code. The case resolved whether or not the marriage
of the petitioner’s father and the respondent is valid.

The Supreme Court resolved that a valid marriage license is a

requisite of marriage, the absence of which renders the marriage
void ab initio. However, there are several instances recognized
by the Civil Code wherein a marriage license is dispensed with,
referring to the marriage of 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

It declared that the subsistence of the marriage even where there

was actual severance of the filial companionship between the
spouses cannot make any cohabitation by either spouse with any
third party as being one as "husband and wife".

Having determined that the second marriage involved in this case

is not covered by the exception to the requirement of a marriage
license, it is void ab initio because of the absence of such
element.

14. Fujiki versus Marinay GR 196049 June 26, 2013

Answer:
One of the issues in the case is the application of Article 15 of the
New Civil Code. The case resolved whether or not the foreign
judgement be recognize in the nullification of the marriage that the
petitioner prayed for.

The Supreme Court resolved that recognition of foreign

judgments, Philippine courts are incompetent to substitute their
judgment on how a case was decided under foreign law. They
cannot decide on the "family rights and duties, or on the status,
condition and legal capacity" of the foreign citizen who is a party
to the foreign judgment. In a foreign judgment relating to the
status of a marriage involving a citizen of a foreign country,
Philippine courts only decide whether to extend its effect to the
Filipino party.

It declared that the recognition of the foreign judgment nullifying a

bigamous marriage is a subsequent event that establishes a new
status, right and fact that needs to be reflected in the civil registry.
Otherwise, there will be an inconsistency between the recognition
of the effectivity of the foreign judgment and the public records in
the Philippines.

Finally, recognition of a foreign judgment nullifying a bigamous

marriage is without prejudice to prosecution for bigamy. The
recognition of a foreign judgment nullifying a bigamous marriage
is not a ground for extinction of criminal liability.

15. Enrico versus HEirs of Medinacelli GR No. 173614 September

28, 2007

16. Valdes versus RTC 260 SCRA 221

One of the issues in the case is the application of Article 10 of the
New Civil Code. The case resolved whether or not the Court
erred in deciding to take further cognizance of the issue on the
settlement of the parties' common property

The Supreme Court resolved that the trial court acted neither
imprudently nor precipitately. A court which has jurisdiction to
declare the marriage a nullity must be deemed likewise clothed in
authority to resolve incidental and consequential matters. Nor did
it commit a reversible error in ruling that petitioner and private
respondent own the "family home" and all their common property
in equal shares, as well as in concluding that, in the liquidation
and partition of the property owned in common by them, the
provisions on co-ownership under the Civil Code, not Articles 50,
51 and 52, in relation to Articles 102 and 129, 12 of the Family
Code, should aptly prevail.
It declared that The rules set up to govern the liquidation of either
the absolute community or the conjugal partnership of gains, the
property regimes recognized for valid and voidable marriages (in
the latter case until the contract is annulled), are irrelevant to the
liquidation of the co-ownership that exists between common-law
spouses.

17. Republic versus Gregorio Nolasco 220 SCRA 20

Answer:
One of the issues in the case is the application of Article 41 of the
Family Code. The case resolved whether or not Nolasco has a
well-founded belief that his wife is already dead.

The Supreme Court resolved that for his missing wife with such
diligence as to give rise to a “well-founded belief” that she is dead.
Pursuant to Article 41 of the Family Code, a marriage contracted
by any person during the 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 had a well-founded belief that the
absent spouse was already dead.

In fine, respondent failed to establish that he had the well-founded

belief required by law that his absent wife was already dead that
would sustain the issuance of a court order declaring Janet
Monica Parker presumptively dead.

18. Villanueva versus Court of Appeals GR No. 132995 October

27, 2006
Answer:
One of the issues in the case is the application of Article 53(2) of
the New Civil Code. The case resolved whether or not the
marriage can be dissolved on the ground of vitiated consent. The
Court resolved that it is not convinced that Orlando’s
apprehension of danger to his person is so overwhelming as to
deprive him of the will to enter voluntarily to a contract of
marriage.
Article 53. No marriage shall be solemnized unless all these
requisites are complied with: … (2) Their consent, freely given
It is not disputed that at the time he was allegedly being harassed,
appellant worked as a security guard in a bank.

It declared that given his employment at that time, it is reasonable

to assume that appellant knew the rudiments of self-defense, or,
at the very least, the proper way to keep himself out of harm’s
way. For sure, it is even doubtful if threats were indeed made to
bear upon Orlando, what with the fact that he never sought the
assistance of the security personnel of his school nor the police
regarding the activities of those who were threatening him. And
neither did he inform the judge about his predicament prior to
solemnizing their marriage.

19. Rayray versus Chay Kyung Lee 18 SCRA 460

One of the issues in the case is the application of Article 15 of the
New Civil Code. The case resolved whether or not the court could
nullify the marriage of Lazaro Rayray and Chae Kyung Lee being
contracted abroad. The Supreme Court resolved that the court
could nullify the marriage of Lazaro Rayray and Chae Kyung Lee
even if it was contracted abroad.
Indeed, marriage is one of the cases of double status, in that the
status therein involves and affects two persons. One is married,
never in abstract or a vacuum, but, always to somebody else.
Hence, a judicial decree on the marriage status of a person
necessarily reflects upon the status of another and the relation
between them. The prevailing rule is, accordingly, that a court has
jurisdiction over the res, in an action for annulment of marriage,
provided, at least, one of the parties is domiciled in, or a national
of, the forum.8 Since plaintiff is a Filipino, domiciled in the
Philippines, it follows that the lower court had jurisdiction over the
res, in addition to its jurisdiction over the subject-matter and the
parties. In other words, it could validly inquire into the legality of
the marriage between the parties herein
20. MAquilan versus Maquilan GR No. 155409 June 8, 2007
Answer:
One of the issues in the case is the application of Article 43 in
relation to Article 42 of the New Civil Code. The case resolved
whether or not a spouse convicted of either concubinage or
adultery, can still share in the conjugal partnership.
The Supreme Court resolved that these arguments are specious.
The foregoing provisions of the law are inapplicable to the instant
case.