Persons Reviewer PDF

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer
I. EFFECT AND APPLICATION OF LAWS A. When Law Takes Effect 30 August 1950 NCC took effect 3 August 1988 FC took effect NCC 2 15 days after publication, unless otherwise provided
1. Express provision 2. Remedial statutes - those which refer to the method of enforcing rights or of obtaining redress of their invasion 3. Curative statutes 4. Laws that create new rights 5. Procedural laws except when such retroactive application does not prejudice a vested right
see Farinas v. Executive Secretary - unless otherwise provided refers to the date of effectivity and not to the requirement of cf. FC 256 FC has retroactive application publication, which cannot be omitted insofar as it does not prejudice or - legislator cannot make the law effective impair vested rights from the NCC immediately upon approval, or any date without its previous publication see Pesca v. Pesca - judicial decisions have retroactive application see Garcillano v. House of Representatives - cannot publish laws etc. on the internet D. Mandatory or Prohibitory Laws see MRCA v. Court of Appeals NCC 5 Acts against mandatory or - SC decisions need not be published for it to take prohibitory laws are void effect cf. NCC 17(3) Prohibitory laws cannot be B. Ignorance of the Law assailed by foreign laws, judgment NCC 3 Ignorance of the law excuses no one from compliance therewith Ignorance may either be mistake of fact (ignorantia facti) may excuse a party from legal consequences of contract OR E. Waiver of Rights NCC 6 Rights can be waived unless such a waiver is contrary to law, public order, public policy, morals, good customs, or prejudicial to third person with rights
cf. NCC 2035 No compromise on: 1. civil status of persons mistake of law may not excuse a party 2. validity of marriage or legal separation 3. any ground for legal separation (ignorantia juris neminem excusat) 4. future support difficult questions of law have the 5. jurisdiction of courts same effect as a mistake of fact in 6. future legitime specific instances provided by law C. Retroactivity of Laws F. Repeal of Laws NCC 4 No retroactive effect unless NCC 7(1) only statues can repeal otherwise provided (general rule) (2) judicial competence (3) consistency with the Constitution Exceptions:
Prepared for the Persons and Family Relations class of Prof. Kat Legarda
cf. RAC 22 revival of law impliedly repealed RAC 23 no implied revival of repealed law Express repeal + Express repeal (with express provision to revive repealed law) = Revival of repealed law Implied repeal + Express repeal = Revival of repealed law Implied repeal + Implied repeal = Revival of repealed law Express repeal + Implied repeal = No effect on repealed law see Mecano v. Commision on Audit - the question of whether a particular law has been repealed or not by a subsequent law is a matter of legislative intent - in the absence of an express provision, the presumption is that there is no intent to repeal see Hagod v.Gozo-Dadole - implied repeal not favored see City Govt of San Pablo v. Reyes - a general law cannot be construed to have repealed a special law by implication unless 1. intent to repeal is manifest 2. the two laws are clearly repugnant to each other and so inconsistent that they cannot coexist G. Judicial Decisions NCC 8 judicial authority H. Duty to Render Judgment NCC 9 No judge or court shall decline to render judgment by reason of the silence, obscurity, or insufficiency of the laws see People v. Ritter
- Acquitted due to reasonable doubt, liable for damages; pedophilia not punishable per se but contrary to public morals I. Presumption and Applicability of Customs NCC 10 In case of doubt, presumption is that the intent is for right and justice to prevail NCC 11 Customs contrary to law, public order, or public policy shall not be countenanced NCC 12 Custom must be proven as fact J. Legal Periods NCC 13 (repealed by RAC 31) year - 12 calendar months month - 30 days day - 24 hours night - sunset to sunrise period - first day excluded, last day included see CIR v. Primetown - NCC 13 impliedly repealed by RAC 31 K. Applicability of Penal Laws NCC 14 territoriality principle; subject to principles of intl law and treaty stipulations Exemptions under international law: 1. offense committed by foreign sovereign 2. offense committed by diplomatic representatives 3. offense committed in public or armed vessel (not merchant) of a foreign country L. Binding Effect NCC 15 nationality principle; laws relating to family rights, duties or to status, condition, and legal capacity cf. FC 26 marriages solemnized and valid
abroad are also valid in the Philippines NCC 16(1) territoriality principle; real, personal property 16(2) - nationality principle; succession see Tayag v. Benguet Consolidated - shares of stock dependent on domicile of company (NCC 16 par.1) see Bellis v. Bellis - Texas law shall prevail on will of the deceased, being a Texan, but Texas law must be presented and given due notice. Otherwise, the foreign law shall be presumed to be similar to Philippine law (NCC 16 par.2) NCC 17(1) lex loci celebrationis; extrinsic validity: form and validity (2) lex loci contractus; executed before diplomatic, consular officials of the Philippines (3) prohibitory laws cannot be assailed by foreign laws, judgment
II. PERSONS AND PERSONALITY A. The Concept of Person and Personality NCC 37 juridical capacity: inherent in natural persons; lost only through death - capacity to act: acquired and may be lost juridical capacity: capacity to be the subject of legal relations capacity to act: power to do acts with legal effect natural persons: juridical capacity is inherent juridical persons: juridical capacity inherent upon creation of law NCC 38 restrictions on capacity to act: 1. minority 2. insanity or imbecility 3. deaf-mutism 4. civil interdiction
e.g. a marriage contracted in the Philippines and NCC 39 circumstances that modify or limit divorced abroad is not binding in the Philippines capacity to act: 1. age see Hasegawa v. Kitamura 2. insanity - on judicial resolution of conflict of laws: 3. imbecility 1. jurisdiction: where can or should 4. penalty litigation be initiated? 5. prodigality 2. choice of law: which law will the court 6. family relations apply? 7. alienage 3. Recognition and enforcement of 8. absence judgment: where can the resulting 9. insolvency and trusteeship judgment be enforced? B. Commencement and Termination of Personality NCC 18 - suppletory 1. Natural persons see Zamoranos v. People (a) birth - Sharia law upheld; in case of conflict between a general law and a special law, special law shall NCC 40 birth determines personality; prevail conceived child shall be considered born provided it is born under NCC 41
conditions
these minors were jerks
NCC 41 fetus considered born if alive after D. Domicile and Residence of Persons complete delivery; if fetus had intrauterine life of less than 7 months, it is 1. Juridical persons not deemed born if it dies within 24 hours after complete delivery NCC 51 - domicile will be place of legal representation on where the exercise of (b) death primary function, in the absence of express/implied provision fixing the NCC 42 civil personality is extinguished by same death 2. Natural persons NCC 43 succession in absence of proof, presumption that both died NCC 50 domicile shall be place of habitual simultaneously; no transmission of residence rights Rules of Domicile: 2. Juridical persons 1. each person has 1 domicile 2. domicile of origin remains unless new one NCC 44 list of juridical persons is established 1. the State and its political subdivisions 3. only one domicile at a time 2. entities for public interest or purpose Residence: 3. entities for private interest or purpose 1. physical bodily presence 2. animus manendi C. Restrictions on civil capacity 3. animus non revertendi 1. presumption of capacity V. MARRIAGE AND PERSONAL RELATION BETWEEN SPOUSES
see Catalan v. Basa - Burden of proving incapacity rests upon the A. Concept of Marriage person who alleges it; if no sufficient proof to this effect is presented, capacity will be presumed FC 1 special contract, inviolable social institution 2. restrictions on capacity to act minority B. Nature of Marriage insanity sui generis contract deaf-mutism prodigality C. Agreements prior to marriage civil interdiction family relations 1. Stipulations in marriage alienage absence FC 1 marriage not subject to stipulation; rules insolvency and trusteeship that govern and rights and duties NCC 1397 only minors can sue for their own incapacity; cannot complain of being tricked if
provided by law 2. Breach of promise to marry
age NCC 19-21 torts liability for damages due to breach of duty or willful injury NCC 2176 quasi-delicts 2. Essential Requisites (a) legal capacity (i) gender (ii) age (iii) absence of impediments
NCC 1403(c) agreement made prior to marriage, other than a mutual promise to marry, is unenforceable unless it be in writing ABSENCE = VOID MARRIAGE mere postponement not a repudiation of 3. Parental Consent contract to marry FC 14 absence = voidable repudiation occurs when one party declares he will not carry out the marriage cf. FC 41 or puts himself in a position wherein he 4. Consent freely given by both spouses cannot carry out the contract damages based on torts or quasi consent must be delicts 1. mutual 2. real see Abanag v. Mabute 3. intelligent - mere sexual relations between two unmarried and consenting adults not enough to warrant a. mistake as to identity sanction FC 35(5) VOID - voluntary intimacy with no impediment b. effect of insanity to marry and with no deceit FC 45(2) VOIDABLE c. effect of fraud D. Requisites for a Valid Marriage FC 45(3) VOIDABLE 1. Kinds of Requisites FC 46 Fraud non-disclosure of a previous conviction FC 2 Essential Requisites by final judgment of the other party of a 1. male and female; legal capacity crime involving moral turpitude 2. consent freely given to solemnizing officer Legal Capacity cf. FC 5, FC 14 18 21 parental consent required 18 minimum age to contract marriage absence of impediments FC 3 Formal Requisites 1. authority of solemnizing officer 2. valid marriage license (except in cases in FC 27-34) 3. marriage ceremony with appearance of contracting parties before solemnizing officer; not less than two witnesses of legal
concealment by the wife that at the time of the marriage, she was pregnant by another man concealment of a STD, regardless of nature, existing at the time of the marriage concealment of drug addiction, habitual alcoholism, or homosexuality/lesbianism existing at the time of the marriage d. force, intimidation, undue influence FC 45(4) VOIDABLE
NCC 1335-1337 definition of violence, force, intimidation, undue influence e. physical incapacity/impotence FC 45(5) VOIDABLE
2. consul 3. vice-consul 2) requirements for issuance FC 12-13 proof of (legal) capacity FC 12 age 1. birth certificate 2. in absence, baptismal certificate 3. in absence, residence certificate or affidavit of 2 witnesses *not required when: 1. parties personally appear before local registrar and swear to the correctness of age in the application 2. local registrar, by mere looking, is convinced that the parties are of age
physical incapacity must be: one that prevents the party from consummating the marriage continuing incurable
f. affliction with STD FC 45(6) cf. FC 45(3) in rel. FC 46(3) FC 13 previous marriage VOIDABLE 1. death certificate of previous spouse STD must be serious and incurable 2. if no death cert.: affidavit that contains circumstances; civil status; date of death 5. Formal Requisites 3. judicial decree of annulment/declaration (a) marriage license of nullity of previous marriage see Alcantara v. Alcantara FC 14 parental consent for ages 18-21 - typographical error, issuance in a place not the residence of either party is MERE FC 15 parental advice for ages 21-25 IRREGULARITY FC 16 marriage counseling for ages 18-25 see De Castro v. De Castro - falsity of affidavit in lieu of a marriage license 3) place where valid NOT mere irregularity 4) period of validity 1)where to apply FC 9 local civil registrar of city or municipality where either one of the parties habitually reside FC 20 any part of PH; 120 days from date of issuance 6) marriages exempt from license requirement
see Alcantara v. Alcantara FC 27 in articulo mortis - issuance from another place does not invalidate marriage license FC 28 in remote places FC 10 marriages BETWEEN FILIPINOS may be FC 31-32 in articulo mortis in ship/plane; solemnized by: military unit 1. consul-general
FC 33 among Muslims, other ethnic cultural communities if F is Muslim FC if both Muslim MC both must be members of ethnic cultural community FC 34 5 year exclusive cohabitation, no impediment
with regard to authority of solemnizing officer 5) effect of irregularity FC 4 no effect on validity of marriage; civil and criminal liability on one who caused irregularity
(c) marriage ceremony FC 3(3) ceremony is formal requisites FC 6 no prescribed form or religious rite required see Ninal v. Bayadog FC 8 place of ceremony must be in public - date of reckoning starts from the day when none place of the parties are legally impeded to marry *marriage contract must indicate provision that E. Law Governing Marriages Abroad provides for the exemptions 1. general rule in contracts (b) Authority of solemnizing officer -as to form 1) who are authorized FC 7 NCC 17(1) lex loci celebrationis; extrinsic (1) incumbent member of judiciary validity: form and validity within his jurisdiction (collegiate (2) lex loci contractus; executed courts, SC have national before diplomatic, consular officials of jurisdiction) the Philippines (2) minister, priest, imam (3) ship capt, airplane chief (if the captain/chief dies, acting capt/chief -as to substantive requirements has no authority) FC 31 (4) military commander (military unit must have a chaplain attached to it NCC 15 nationality binding effect and the chaplain is absent) FC 32 (5) consul-general, consul, vice-consul NCC 17(3) prohibitory laws cannot be assailed by foreign laws, judgment (between Filipinos abroad) FC 10 *Mayors and Vice-Mayors acting as a Mayor are also authorized 2) how authorized FC 7(2) duly authorized by religious sect, registered with civil registrar FC 4 void 3) effect of absence 2. lex loci celebrationis FC 26 marriages solemnized abroad shall also be valid here if it is also valid here *if marriage is void in the PH, it is void anywhere exceptions to FC 26 (void): FC 35(1) age (4) bigamy/polygamy (5) mistake of identity (6) void under FC 53 FC 36 psychological incapacity
FC 35(2) void unless parties are in good faith

FC 37 incestous (qualifies rape) FC 38 against public policy - pseudo-incest except (9) no need for conviction *no marriage ceremony, marriage by proxy = VOID
FC 42 second marriage terminated only when the absent spouse submits affidavit of reappearance
see Bienvenido v. CA - 2nd marriage cannot be considered as see Republic v. Orbecido III subsequent marriage of abandoned spouse - given a valid marriage between Filipinos, where because it is the one who remarried who one is later naturalized and obtains a valid abandoned the spouse. You cannot abandon divorce, the Filipino spouse can likewise remarry your spouse then file for presumptive F. Common Law Marriages death FC 147 rule on co-ownership (d) bad faith - unmarried parties with no legal impediment to marry/marriage is actually void FC 44 subsequent marriage is void if both parties are in bad faith FC 148 actual, joint contribution - adulterous cohabitation; if one is married, share (e) psychological incapacity in co-ownership accrues to conjugal property in valid marriage FC 36 psychological incapacity to comply with essential marital obligations G. Void Marriages BIBLE CASES: FC 4 see Santos v. CA ABSENCE of essential/formal requisites 1. gravity serious personality disorder that renders the party truly incognitive of basic VOID marital obligations DEFECT in essential requisites (consent) 2. juridical antecedence VOIDABLE 3. incurability IRREGULARITY in formal requisites NO EFFECT TO VALIDITY OF see Republic v. Molina MARRIAGE 1. burden of proof 2. root cause must be medically/clinically cf. FC 2 (essential requisites: age, identified; alleged in complaint; gender, legal capacity) sufficiently proven by experts; clearly explained in decision FC 3 (formal requisites: marriage 3. must be existing at the time of celebration license, ceremony, authority of of marriage solemnizing officer) 4. incurable 5. grave enough (c) subsequent marriage upon 6. essential marital obligations reappearance of absent spouse 7. Canon Law par (3) 8. OSG as counsel for the State FC 41 declaration of presumptive death (4 - essential marital obligations: FC 68-71 + FC years, 2 years if in dangerous 220, 221, 225 (children) circumstances) APPROVED CASES
see Chi Ming Tsoi v. CA 2003) - protracted refusal to have sex; essential marital - only the husband or wife may invoke obligation see Antonio v. Reyes - pathological lying with juridical antecedence see Te v. Te - dependent/narcissistic disorder with juridical antecedence see Azcueta v. Republic - dependent personality disorder with juridical antecedence see Halili v. Halili - dependent personality disorder with juridical antecedence see Camacho-Reyes v. Reyes -anti-social personality disorder with juridical antecedence - therapy does not necessarily mean that disorder is curable (f) incestous marriages FC 37 (g) against public policy FC 38 *no prohibition against marriage between stepsiblings (h) non-compliance with FC 53, FC 52 - no property regime under other class of void marriages except in FC 53, FC 52 FC 52 The judgment of annulment or declaration of nullity; partition of property; delivery of presumptive legitimes shall be recorded in civil registry and registries of property otherwise will not affect third parties see Ninal v. Bayadog (14 March, 2000) Void Can be assailed collaterally Can be attacked in death; does not prescibe cf. FC 39 Any party in real interest can assail No legal effect i.e. actual, joint contribution UNLESS under FC 50 7. Effect of Nullity FC 50 - FC 40, FC 45 marriages (voidable marriages) *does not apply to ACP/CPG; marriages void under FC 36 rule on co-ownership FC 147 FC 35 par. 2, 3, 5; FC 36 marriages; FC 26(2) foreign divorce not ratified; FC 53 by implication (void marriages) actual, joint contribution FC 148 FC 35(4) bigamous, polygamous marriages; FC 37-38 incestuous, against public policy Voidable Cannot be assailed collaterally Can be questioned only in life Only husband/wife can assail -ACP/CPG
FC 53 Either spouse may remarry if they comply with FC 52; otherwise marriage is *no presumptive legitimes in FC 147, FC 148 VOID (f) on status and custody of children 2. who can invoke nullity FC 54 conceived or born before judgment of A.M. No. 02-11-10-SC (took effect 15 March annulment or absolute nullity under FC 36 are
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LEGITIMATE
*copulation, NOT sterility see Alcazar v. Alcazar - implies relative, NOT absolute impotency (f) affliction with STD FC 45(6) cf. FC 46(3), FC 47(5) 3. Who can seek annulment FC 47 injured party - note that in insanity, insane person is considered an injured party and can seek annulment during lucid interval 6. effect of annulment FC 50 on custody, support of common children judicial decree provides on property judicial decree provides; liquidation based on ACP/CPG proceedings
H. Voidable Marriages FC 4 DEFECT IN ESSENTIAL REQUISITE i.e. consent FC 45 grounds for annulment (a) absence of parental consent FC 45(1) Legal Capacity cf. FC 5, FC 14 18 21 parental consent required 18 minimum age to contract marriage absence of impediments FC 14 absence = voidable (b) insanity FC 45(2) unsound mind
Reminder: who may file: FC 50 voidable marriages FC 47(2) sane spouse who had no knowledge of FC 147 void marriages spouse's insanity; relative guardian/person having legal charge of insane person (at any I. Marriage when one spouse is absent time before death of either party; insane spouse during a lucid interval FC 40 absolute nullity of previous marriage may be invoked for purpose of NCC 1149 5 year presciption remarriage on the basis solely of a final judgment declaring such previous (c) fraud FC 45(3) cf. FC 46, FC marriage void 47(3) *procedural rule or substantive law? (d) force, intimidation, undue influence FC 45(4) cf. FC 47(4) = shotgun weddings FC 41-44 rules in BULAGA SPOUSE *5 year prescription starts from end of presence FC 41 subsequent marriage is null and void of force unless there is a declaration of presumptive death (DPD) (e) physical incapacity/impotence FC 45(5) cf. FC47(5) FC 42 affidavit of reappearance (2nd. marriage *CANNOT BE RATIFIED is protected) *presumption is to physical capacity FC 43 effects of termination (2nd marriage
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1. 2. 3. 4. 5.
valid): legitimate children ACP/CPG donations remain valid if in bad faith, guilty spouse can be removed from insurance policy if in bad faith, guilty spouse disqualified from succession
see Republic v. Orbecido III -proof must be shown to the Courts see Corpus v. Sto. Tomas -FC 26(2) does not apply to foreigners K. Marriages Giving Rise to Criminal Liability
*void bigamous if there is no DPD; criminal marriage Only FC 35(4) bigamous, polygamous *previous marriage MUST be valid marriages *2nd spouse is the only one who can be in bad faith (since the spouse left behind must have a FC 4(3) irregularity in formal requisite does well-founded belief that his former spouse is not affect validity of the marriage, but dead in order for the spouse to be able to file for a those responsible incur civil and criminal DPD) liability *FC 41 DPD requirement is only for remarriage purposes ONLY J. Marriages Dissolved by Foreign Judgment FC 16 marriage counseling; premature issuance gives rise to administrative liability
RA 6955 mail-order brides RA 9208 human trafficking offer marriage for NCC 15 nationality principle; laws relating to forced labor, prostitution (Korean practice, family rights, duties or to status, condition, and according to Ma'am Legarda) legal capacity VI. Law on Separation of the Spouses NCC 17(3) prohibitory laws cannot be assailed by foreign laws, judgment 1. de facto separation FC 238-248, 101(3) FC 26(2) between Filipino citizen and foreigner; Filipino can remarry cf. 1. ask for judicial declaration for transactions Republic v. Orbecido III that need consent of other spouse FC 239 2. separate litigation for damages (not see Arca v. Javier summary proceeding) FC 240 -US court cannot acquire jurisdiction over 3. jurisdiction of family court FC 241 Filipino citizens in divorce proceedings 4. judicial authorization to be administrator of separate property of absent spouse FC see Van Dorn v. Romillo (Filipino citizen was the 248 one who filed for divorce) 5. ex parte proceedings allowed FC 245 - Nevada court acquired jurisdiction because the divorce is valid on foreign husband (US see Villanueva v. Ching citizen) but not with the Filipina - de facto separation does not affect conjugal -precursor to FC 26(2) property how to prove foreign divorce: see Garcia v. Recio 2. agreements to separate -certificate of legal capacity of the foreigner
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FC 1, NCC 221(1) *marriage not subject to stipulations; prenups are the SOLE EXCEPTION B. Concept of legal separation 1. grounds for legal separation FC 55 (a) sexual infidelity or perversion FC 55(8) *no conviction required see Goitia v. Campos-Rueda -blowjob case (b) drug addiction, habitual alcoholism, homosexualty/lesbianism FC 55(5) cf. FC 46(4) [voidable] *even if a man has a wife and kids, doesn't e.g. Richard Gomez, Paolo Bediones (c) attempt on life of other spouse FC 55(9) *no conviction required (d) abandonment FC 55(10) [1 year absence] FC 101(3) absence of 3 months means one can initiate summary proceedings on property 2. who can file FC 55 the innocent spouse 3. when may petition be filed fix these things: 1. custody 2. alimony/support 3. administration of CPG/ACP 4. return of exclusive property FC 59-60 - pre-trial *prosecuting attorney/fiscal must check for collusion, confession, stipulation of facts FC 59 trial FC 60(2) judgment see Ocampo v. Florenciano - independent evidence outside confession not violative of FC 60 see Lapuz v. Eufemio -death causes dismissal of the petition see Pacete v. Cariaga - no declaration of default 5. effect of pendency FC 61(1) right of consortium -spouses entitled to live separately FC 61(2) court designates administrator in absence of written agreement between the spouses (d) support and custody pendente lite FC 62 cf. FC 49, 198 innocent spouse is supported; guilty spouse is not supported see Yangco . Rhode -civil status i.e. marriage must be proven first before one becomes eligible for support pendente lite
FC 57 5 years from occurrence, NOT discovery see De la Vina v. Villareal - innocent spouse is entitled for support 4. court procedure FC 58-60 see Lerma v. CA FC 58 - 6 month cool-off period except in RA - guilty spouse, even if he is the one who initiated 9292 (action is based on violence) the action, not entitled for support
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6. defenses in action for legal separation
FC 56 (1) condonation (after the act, forgiveness) (2) consent (approved before the act) (3) conniving (conspiracy) breach of respect or fidelity (4) recrimination (both spouses gave grounds) Legal separation; NCC 921(4) disinheritance of (5) collusion (fabricated evidence; mutual spouses consent) cf. FC 56(3), FC 60 (6) prescription 2. designation of domicile FC 69 (7) death (must be before final judgment) *absence of evidence, presumption is that there is joint obligation to live together in a jointly-fixed 7. effects of legal separation domicile EXCEPT FC69(2): OFWS FC 63 d. joint obligation to support 1. entitled to live separately but no severance of marriage bond FC 194 definition of support 2. custody to innocent spouse 3. ACP/CPG is liquidated e. right to exercise profession/calling FC 198 support 1. during pendency of action, from ACP/CPG FC 73 may object on valid, serious, moral 2. after, innocent spouse is entitled for grounds support from guilty spouse by court order *Therese as Mama-san example see Matute v. Macadaeg - no work/dependency: grounds for being unfit FC 94 par. 2, 3 / 121 par. 2, 3 if accrued to for custody family benefits (must be proven first), it is as if consent was given FC 65-67 reconciliation VIII. Property Relations of the Spouses on donations propter nuptias: may be revoked by innocent spouse A. Requisites for validity of marriage settlements VII. Rights and Obligations of Spouses FC 68 encapsulates marital obligations FC 69 joint fixing of domicile, court decides during disagreement FC 70 joint responsibility for support of family FC 71 joint management of household FC 72 neglect of duty means civil sanction Civil Sanctions for: refusal to live together FC 100(1) no right to support (2) court can give authority in
transactions requiring consent (3) administration of separate property FC 55(10) legal separation FC 101 receivership, judicial separation of property, sole administration of ACP/CPG
FC 75 encapsulates property relations 1. contract prenuptial agreement 2. ACP in default of prenup FC 103(3) ACP/130(3) CPG only exception to FC 75 *in case of death of other spouse, surviving spouse contracts a marriage without complying with FC 103, regime of complete separation of property is mandatory FC 76 cf. FC 1 stipulation must occur before celebration of marriage
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E. Absolute Community of Property D. Donations propter nuptias FC 82 donations made before marriage in consideration of the same, in favor of one or both spouses 2. form of donations see Valencia v. Loquiao - public document required; implied acceptance allowed 4. what may be donated by a spouse or donor (a) present property FC 84 if regime is not ACP, can only donate more than 1/5 of present property (b) future property FC 84(2) cannot donate so as to exceed legitimes 1. when applicable FC 75: default property regime 2. commencement Fc 88: at precise moment of marriage celebration exception: FC 103(3) marry a widower that did not liquidate property on death of spouse 3. waiver FC 89: no waiver except in judicial separation of property 5. suppletory FC 90 NCC 484-501 (rules on co-ownership) 6. what constitutes ACP FC 91 unless otherwise provided, all property owned by spouses at the time of celebration of marriage or acquired thereafter
(c) donations in marriage settlements FC 93 property acquired during marriage FC 81 donations that are included in the prenup presumed to belong to ACP, unless are void if marriage is not contracted proved otherwise 5. void donations by the spouses FC 95 winnings from gambling accrue to ACP, loses are exclusive
FC 87 all donations between spouses (including common-law spouses) shall be 7. what is excluded from ACP void except small gifts during occasions of family rejoicing FC 92 1. gratuitous title DURING marriage 6. revocation 2. exclusive property EXCEPT jewelry cf. FC 93 (you can prove exclusive property) FC 81 donations in the prenup is void, if not 3. property acquired BEFORE marriage by married either spouse who has legitimate descendants by former marriage FC 86(1) donations are only revocable if it is a separate document (NOT in the prenup) 8. Charges to ACP FC 94 cf. FC 50 FC 43(3) (bulaga spouse) donations propter nuptias remain valid, except when in bad faith FC 94 1. support of spouses, common children, legitimate children of either spouse 2. debts contracted during marriage by
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administrator for benefit of the family, both spouses, or one spouse with consent FC 96 in case of incapacity, sole administration 3. debts contracted without consent of other of capacitated spouse with no need for spouse but benefited the family judicial order but cannot dispose or encumber 4. maintenance of community property 5. maintenance of separate property WHEN *incapacity in this case is that the spouse is not USED BY THE FAMILY present, abroad etc, NOT that the spouse is 6. expenses for education of either spouse comatose etc. 7. antenuptial debts of either spouse that redounded to family benefit see Matthews v. Taylor 8. value of what is donated in consideration - lease is an act of encumbrance of children's education 9. antenuptial debts of either spouse for FC 97 either spouse may dispose by will of support of illegitimate children cf. FC 197; his/her interest in the community liabilities incurred by crime/quasi-delicts property in case of absence/insufficiency of exclusive property deducted from share FC 98 neither spouse may donate community in community property property without consent of the other 10. expenses of litigation between the spouses 11. Dissolution 10. Administration and enjoyment of ACP FC 99 1. death (a) joint administration 2. legal separation 3. annulment/declaration of nullity FC 96 joint administration; in case of 4. judicial separation of property disagreement, husband prevails subject to remedy by the wife with 5 year prescription F. Conjugal Partnership of Gains from date contracted see Jocson v. CA (b) sole administration - to be considered as conjugal property, prove: 1. property was acquired during marriage 1. in case of incapacity FC 96(2) sole 2. property was acquired using community administration of capacitated spouse with fund no need for judicial order but cannot dispose or encumber 2. what is included in CPG 2. de facto separation FC 100(3) with court order, can administer and encumber FC 106 separate property of other spouse 1. proceeds, products, fruits, income from 3. abandonment FC 101 with court order, separate properties of community property 2. proceeds, products, fruits, income 4. pendency of legal separation proceedings acquired by either spouse through effort or FC 61 - with court order, of community chance property see Titan v. David - mortgage is void, particular property is under CPG (c) disposition and encumbrance
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see Ong v. CA see Imani v. Metrobank - presumption that the husband consented to the - property is exclusive property, no proof of date loan cf. FC 121(2) of acquisition 4. Encumbrance of exclusive property 2. what is excluded in CPG FC 111 a spouse may mortgage, encumber, FC 109 alienate, dispose his/her exclusive 1. brought as exclusive property property, and appear alone in court for litigation involving the same see Francisco v. CA - need proof on date of acquisition see Wong et al. v. IAC -even if the property was conjugal, it was not 2. acquired during marriage through liable since: gratuitous title 1. no benefit to the family 2. no consent of the husband see Berciles v. GSIS - insurance is gratuitous if the premiums were 5. What constitutes CPG paid using exclusive money; if by salary, it is part of conjugal property FC 106 1. proceeds, products, fruits, income from 3. acquired by right of redemption/exchange separate properties 2. proceeds, products, fruits, income 4. purchased using exclusive money of the acquired by either spouse through effort or spouse chance controlling factor: source of the money FC 111 presumption in favor of CPG 3. Administration of EXCLUSIVE property see Magallon v. Montejo - registration is not proof of status of property (a) by the spouse-owner FC 117 FC 110(1) spouses retain ownership, possession, 1. acquired by onerous title during marriage administration of exclusive properties at the expense of common fund 2. obtained from labor, industry, work, (b) by the other spouse profession of either or both spouses 3. fruits of common and exclusive property FC 110(2) either spouse may, during the 4. share of spouse in hidden treasures marriage, transfer administration of exclusive 5. acquired during fishing/hunting property to the other spouse by means of public 6. livestock existing upon dissolution of CPG instrument in excess of the number of each kind brought to the marriage see Manotok Realty v. CA 7. gambling winnings (but lose is exclusive) - for administration of exclusive property, you need: FC 118 1. Special Power of Attorney *if CONTRACT OF SALE: if contracted before the 2. Judicial order marriage, even if paid using common funds DURING the marriage, it is exclusive property
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*if CONTRACT TO SELL: if contracted before marriage, accrues to common fund FC 119 interest is conjugal, but premium is not General rule: accessory follows principal e.g. house accessory to the land
8. value of what is donated in consideration of children's education 9. expenses of litigation between the spouses
FC 122 payment of personal debts contracted before before or during marriage shall not be charged to the CPG unless it redounded to the benefit of the family FC 120 reverse accession (exception to general cf. FC 94(9) antenuptial debts of either rule) spouse for support of illegitimate children Rules: 1. if cost of improvement + increase in value see Ando v. Campo > cost of property - CPG is not liable when being sued as an officer THEN house becomes part of CPG, in a corporation reimburse former sole owner for cost of see Security Bank v. Mar Tiera Corp. improvements - it is the company that is liable e.g. 10 m house on 10 m land increased see G-Tractors v. CA value by 5 m, then house and lot becomes - debts contracted by the husband in the exercise part of CPG (10m+5m>10m) of his profession cannot be exclusive debt lack of consent is moot 2. if cost of improvement + increase in value see Aguete v. PNB < cost of property - date of marriage, acquisition, and mortgage THEN house remains to sole owner, important 2011 case yet still used NCC reimburse CPG for cost of improvements provisions e.g. 1 m house on 5 m land with 3 m increase, then house remains to sole see Luzon Surety v. De Garcia owner (1m+3m<5m) Role of the Administrator: conserve, augment property, not dissipate it 6. Charges upon and obligations of CPG cf. FC 94 (ACP) see People v. Lagrimas FC 122 cf. RPC 108 FC 121 - lower court must check if the responsibilities of 1. support of the spouse, common children, the CPG have been cleared before fixing the and legitimate children of either spouse liability of the same 2. debts contracted during marriage by administrator for benefit of the family, 7. Ownership, administration, both spouses, or one spouse with consent enjoyment 3. debts contracted without consent of other spouse but benefited the family (a) Joint administration 4. maintenance of conjugal property 5. maintenance of separate property (cf. FC FC 124 joint administration; in case of 95(5) maintenance of separate property disagreement, husband prevails subject to WHEN USED BY THE FAMILY) remedy by the wife with 5 year prescription 6. expenses for education of either spouse from date contracted 7. antenuptial debts of either spouse that redounded to family benefit (b) Sole administration
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anytime in case of incapacity FC 124(2) sole administration of capacitated spouse with no need for judicial order but cannot dispose or encumber de facto separation FC 100(3), FC 127(3) with court order, can administer and encumber separate property of other spouse abandonment FC 101, FC 128 with court order, of community property pendency of legal separation proceedings FC 61 - with court order, of community property see Flores v. Lindo - SPA: acceptance amounts to consent to the continuing offer 8. effects of separation de facto FC 127 in absence of conjugal property, separate property is solidarily liable for support of the family cf. FC 100 for ACP *no jurisprudence yet for which provision to apply with regard to separation de facto: FC128 or FC 239 10. dissolution FC 126 1. death 2. legal separation 3. annulment/declaration of nullity 4. judicial separation of property
see Uy v. CA - incapacity means is that the spouse is not present, abroad etc, NOT that the spouse is comatose etc. (c) disposition and encumbrance FC 124!!!-125
see Costuna v. Domondon - sale of of CP (did not specify which part) without consent is allowed, for medical expenses see Ugalde v. Ysasi -amicable settlement approved by the court of the husband - medical benefits accrue to the benefit of dissolves the CPG the CPG 14. support during CPG liquidation -CP is tentative with regard to inheritance see Santero v. CFI - support is advance from inheritance see Felipe v. Heirs of Aldon - sale of land by wife without consent is voidable G. Regime of Separation of Property - wife is not the admin of the property under NCC 1. When applicable -implies gender equality since wife has no authority, should be void but the SC compared (a) in the marriage settlements wife to husband: if husband sells without FC 143-146 consent, it is voidable see Villaranda v. Sps. Villaranda - deed of exchange is act of encumbrance/alienation/ownership see Siochi v. Gonzon - concept of continuing offer: can be withdrawn
Fc 144 separation of property may refer to present or future property or both; may be total or partial, if the latter, those not included will belong to ACP FC 146 both spouses shall bear the family expenses in proportion to their income
19
53, 36, FC 26(2)] Includes: 1. wage/salary (c) Reconciliation in legal 2. properties acquired during cohabitation separation FC 66(2) through work/industry 3. family maintenance 3. Administration Excludes: 1. exclusive property + fruits (b) by the other spouse 2. property acquired through gratuitous title see Valdez v. RTC FC 142 - presumptive legitime not delivered during void 1. when one spouse becomes the guardian of marriages the other - FC 50: only in FC 40, 45, 42 2. absentee spouse 3. civil interdiction FC 148 actual, joint contribution 4. fugitive from justice/hiding as an accused Requirements: in a criminal case 1. no capacity to marry 2. not in exclusive cohabitation cf. FC 100(3), FC 101 Includes: H. Judicial Separation of Property 1. actual joint contributions i.e. money *in liquidation, proportional to contributions FC 134 can only be by judicial order in absence of express declaration in the prenup Excludes: 1. exclusive property + fruits FC 135 involuntary JSP (include FC 128) 2. salary 1. civil interdiction 3. gratuitous title 2. absentee spouse 4. care of family 3. loss of parental authority 4. abandonment see Dino v. Dino 5. abuse of power of administration - in FC 36, no need for FC 50 liquidation; FC 147 6. separation de facto by more than 1 year applies with reconciliation improbable IX. Family Relations FC 136 voluntary JSP both spouses file a verified petition with the court I. Property Regime of Unions without Marriage FC 150 1. husband and wife 2. parents and children 3. ascendants and descendants 4. brothers and sisters, whether full or half (b) when mandatory FC 103, FC 130
FC 147 co-ownership Requirements: *in-laws not part of family 1. man, woman 2. with legal capacity to marry C. The Family Home 3. cohabit 4. exclusive cohabitation FC 152 family home is the dwelling of the 5. they do not marry/marriage is void [FC 35, family + land
20
FC 153 constituted when it is occupied by the family and continues so long as a beneficiary resides therein; exempt from execution, forced sale, or attachment unless otherwise provided
FC 164(1) conceived OR born during marriage are legitimate FC 164(2) children conceived thru artificial insemination legitimate provided that there is a written instrument by both spouses *either homologous, heterologous, confused
FC 154 beneficiaries 1. husband and wife, or an unmarried person FC 166(1) cf. FC 168-169 who is the head of the family -implied 300 days before birth, 300 days before 2. parents, ascendants, descendants, death brothers or sisters (legitimate or illegitimate), who are living in the family FC 54, 43(1), 168 presumption of legitimacy home and dependent for support FC 44 if bad faith, child is illegitimate FC 155 exception to the exception - void marraiges, FC 53, FC 40 1. non-payment of tax 2. debts incurred prior to constitution of FC 166 grounds for impugning legitimacy family home 1. physically impossible to have sex within 3. debts secured by mortgage on the 120-300 days immediately preceding birth premises before or after constitution of child due to impotence, impossible 4. debts due to laborers etc. who helped build access, serious illness that prevents sex the family home from happening (presumes no artificial insemination) FC 156 family home must be part of 2. baog, except in FC 164(2) (assumes no ACP/CPG, or of separate property with physical impossibility of access) consent 3. FC 164(2), authorization obtained through mistake, fraud, violence, X. Paternity and Filiation intimidation, undue influence (assumes no physical impossibility of access) FC 163 filiation is by nature: legitimate (legitimate proper), FC 167 protect child from bad mothers illegitimate (had capacity but did not marry, or illeg. Child proper), legitimated FC 168 adoption: considered legitimate 0 120 180 300 2nd marriage birth filiation is the status of the child with respect to termination parents birth child belongs to paternity matter of faith 1st marriage maternity matter of fact birth child belongs to 2nd affinity with respect to spouse's siblings ONLY; marriage does not extend to bayaws see Tan v. Trocio General rule: in case of doubt as to filiation, go to -child born during a valid marriage, legitimate the Courts
21
Action for 1-4 is for lifetime cf. FC 173 see Angeles v. Maglaya - birth cert. must be signed by the father to prove filiation; absence of signature only proves birth Rights of Legitimate Children FC 173(1) action to claim legitimacy may be brought during his/her lifetime and transfers to heirs should child die during minority or in state of insanity (2)death does not lead to dismissal of the action FC 174 1. surname 2. support 3. succession see Republic v. Cynthia Vicensio -surnames show proof of filiation
1. birth certificate 2. final judgment 3. admission in public document 4. admission in signed private handwritten document
Action for 5-6 is for 5. open and continuous lifetime of alleged possession of status parent i.e. father cf. FC 175(2) 6. other means e.g. pedigree FC 176 illegitimate child may choose to adapt father's surname if the filiation is recognized by the same see Mangulabnan v. Acero - signing of the birth certificate by father is recognition
see Ong v. CA - proof of sexual intercourse required for filiation FC 172(1) voluntary recognition is 1-4, compulsary recognition is 5-6 Illegitimate Children
see Reyes v. Mauricio see Joanie Uy v. Ngo Chua -legitimacy cannot be attacked collaterally - cannot compromise on filiation or lack thereof *no action to impugn illegitimacy see Lucas v. Lucas - DNA testing is not a matter of right; corroborative proof only with lack of prima facie evidence: 1. they had sex 2. 120-300 days 3. birth cert etc. see Chua Keng Giap v. IAC -failure to establish prima facie evidence = DNA testing Prescription to impugn:
PROOF NEEDED FOR FILIATION cf. FC 172 FC 175 illegitimate FC 172 legitimate
22
see Gaspay v. CA - voluntary recognition does not prescribe Who may impugn: see Liyao v. Tanhoti-Liyao - one cannot impugn own legitimacy see Republic v. Magpayo - change of name is similar to action to impugn legitimacy XI. Adoption RA 8552
ent Autobiography +pedigree DNA
Requisites to be an adopter: 1. legal age Proof of Filiation 2. full civil capacity cf. NCC 38,39 3. good moral character FC 175 for illegitimate children, compulsory 4. not convicted of any crime involving moral recognition only turpitude 5. at least 16 years older than child except For Legit For Illegit when adopter is biological parent or spouse of parent School records Birth cert. Not allowed: 6. financial capacity Signed by the 7. psychological capacity father For Foreigners: Executor of Support given Baptismal 8. country has diplomatic relations with PH will of sister (open and certificate 9. continuous residency in the PH for 3 years continuous 10. certified by the diplomatic/consular office possession) that the foreigner has legal capacity 11. consent of government (adoption does not Declaration of Living with No signature confer citizenship) pedigree father on birth certificate see In re Adoption of Michelle Lim Witness to pedigree Signature in - husband and wife must jointly adopt marriage marriage ceremony, certificate cohabitation, baptism photos Sexual intercourse Intimate photos Credible witnesses to open and continuous possession Use of surname acknowledgem
photos witnesses
RA 8552, Sec 9 need consent of: 1. the adoptee if <10 years old 2. biological parent or legal guardian 3. legitimate and adopted sons/daughters > 10 year of age of ADOPTERS AND ADOPTEE 4. illegitimate sons/daughters if living with adopter 5. spouse see Tamargo v. CA - parental authority retroacts from date of
23
granting of decree of adoption, NOT from date of children or relatives inherit the same from the filing illegitimate child Rescission of Adoption: both adoptee and adopter may rescind XII. Support FC 194 sustenance, dwelling, clothing, medical attendance, education, transportation who are obliged to give support: FC 195 1. spouses 2. legitimate ascendants and descendants 3. parents and legitimate children and the legitimate and illegitimate children of the latter 4. parents and illegitimate children and the legitimate and illegitimate children of the latter 5. legitimate brothers and sisters, whether full or half order of support FC 199, 200, 204 FC 199 Ma'am Legarda: from the spouses, love moves downward (descendants), then upwards (ascendants) then sideways (collateral siblings) *generally, same order in intestate succession see Lacson v. Lacson - no prescription on claim for support since it is an obligation of the spouse towards the legitimate child XIII. Parental Authority and Custody of Children FC 209 patria potesta with regard to unemancipated children NCC 356-363 care and education of children
FC 196 brothers and sisters not legitimately related are likewise bound to support one another see Medina v. Makabali - rights of parents ancillary (custody) to the duty source of support of parents can be waived in the interest of the welfare of the child (case involved negligent FC 197 only separate property of the one obliged mother) to support shall be answerable see Unson v. Navarro spouses - custody is NOT permanent, can be changed due 1. ACP/CPG to circumstances e.g. immorality 2. separate property parent legit children FC 210 PA cannot be renounced except in 1. ACP/CPG cases authorized by law e.g. court order, 2. separate property adoption parent illegit child 1. separate property FC 223-224 transfer of PA bro/sis or grandparent legit child 1. separate property NCC 992 iron curtain rule illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such
FC 234 emancipation is 18 y/o *imperfect emancipation, cf. FC 14 FC 211 joint exercise of PA only for legitimate children cf. FC 49 FC 176 illegitimate children surname and
24
PA of mother see Briones v. Miguel - PA of illegitimate child solely with mother FC 176
FC 228, 233 permanent, irreversible e.g. death, sexual abuse, emancipation FC 229 non-permanent, irreversible see Chua v. Cabangbang -abandonment can cause the lost of PA
see Gualberto v. Gualberto - homosexuality is not immorality but only sexual preference; with regard to PA, not cause of XIV. Emancipation unfitness FC 236 imperfect emancipation see Salientes v. Salientes -habeas corpus does not grant custody but it is XV. Summary Judicial Proceedings the correct remedy FC 238-253 FC 214-216 substitute PA separation in fact, when consent of other FC 214 grandparents not mandatory, next in line spouse is needed after court-appointed guardian cf. FC 216 declaration of presumptive death *no need for court order for lola, she is the one in delivery of presumptive legitimes default if there is no court-appointed guardian disagreement on domicile objection to spouse's profession FC 221 (if below 18) parents are liable for administration damages done by unemancipated child PA over foundlings fixing of bonds NCC 2180 (if 18 above) XVI. Surnames FC 215 filial privilege (in criminal cases); but voluntary testimony is allowed FC 220-222 effects of PA over child's person FC 226 adventitious property -child is the owner, usufruct -parent is the administrator FC 227 propitious property -parent is the owner, usufruct - child is administrator legit, legitimated, adopted father's surname illegit surname of mother cf. FC 176 NCC 376 no person can change name without a judicial order see Republic v. Tanada - provides the procedure and reasons for change of name (ridiculous name, hard to pronounce etc) see Naldoza v. Republic - mother is the one that files the change of name on behalf of minor children
see Cabanes v. Pilapil -insurance benefits are adventitious when child is see Legamia v. IAC named as a beneficiary - common-law wife (read: mistress) can use surname of husband not criminal since it is a see Hebron v. Loyola common practice - administration = cannot dispose property Suspension of PA
see In re Adoption of Stephanie Astorga Garcia
25
*here she is: https://www.facebook.com/caughtdeadinthispla ce XVII. Rules Governing Absent People NCC 381-383 provisional absence NCC 384 cannot apply if the absentee has no property see Eastern Shipping v. Lucero - if evidence exists that a person is already dead, no need to wait for 4 years cf. NCC 391(1) see Pantollano v. Korphil - prescriptive period starts from receipt of last news XVIII. Funerals who pays? FC 195 XIX. Entries in the Civil Registrar NCC 408 what must be entered into the registrar RA 10172, amending RA 9048 clerical error, visible to the eye procedure: can only file once must not involve substantive change see Republic v. Valencia - change of nationality allowed in this case, OBVIOUS clerical error (his brothers and sisters were Filipino, but he was Chinese?)

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UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

these minors were jerks

provided by law 2. Breach of promise to marry

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

FC 35(2) void unless parties are in good faith

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

6. defenses in action for legal separation

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

ent Autobiography +pedigree DNA

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

see In re Adoption of Stephanie Astorga Garcia

UP College of Law | AY 2012-2013 | Persons and Family Relations Reviewer

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