Law 131 Family Law

November 14, 2012

Below 15- no criminal liability, criminally exempt
15-18 it depends whether the suspect performed the action with discernment
Those convicted for criminal acts from 9-14 years were released
Minors are to be used for criminal activities under the law on Juvenile Offender
*An overreaction by politicians

Non-retroactivity
When the law creates new substantive rights
Subdivision law- if the terms and conditions are not met, you have the right to cease
payment
Maceda law- grace period of 2 months for payment of instalments
Curative laws- the purpose is to cure defects or imperfections in judicial or administrative
proceedings
Interpretative laws
Laws which are of emergency nature or are authorized by police power

Counting Time
Administrative Code of 1987, Book 1 Section 31
Year shall be understood to be twelve calendar months
Month of thirty days, unless it refers to a specific calendar month in which case it shall be
computed according to the number of days the specific month contains
Day, to a day of twenty-four hours; and night, from sunset to sunrise

*Incompetence is not a ground for termination from regular employment
Dont include the first day, include the last day.
For banks, the 3-day clearing includes the first day in the count.

Legal Capacity
Article 37
Juridical capacity- the fitness to be the subject of legal relations inherent in every natural
person and is lost only through death.
Capacity to act- which is the power to do acts with legal effects, which can be acquired and
may be lost.
*Not just because you are human, doesnt mean you have the capacity to act
*Minors are not allowed to engage in contracts because of restriction on capacity to act

Limitation on Capacity
Age- restriction for minors
Insanity
Imbecility- not capable of acting his age
Deaf-mute- if they do not know how to
read or write
Penalty- civil interdiction
Prodigality
Family relations
Alienage
Absence
Insolvency
Trusteeship

*Contracts can be void because of the following limitation on capacity
*Deaf-mute can enter into a contract if they know how to read and write
*A blind person can enter into a contract because he can still communicate verbally
* The contract can be read to him and verified
*Civil interdiction can no longer enter into contract
*Foreigners cannot own retail stores under the law

Personality
General Principles:
1. For personality to be acquired, one must be born
2. Once birth occurs, personality for favourable purposes retroacts to the moment of
conception
*When the father dies and the wife is pregnant, there is no current heir to the father but there
will be an heir because the contract retroacts to the moment of conception making the child
the heir once he is born.

Exception:
If the intra-uterine life is less than 7 months, it must live at least 24 hours, before it is
considered born (There is no distinction as to how the child dies whether natural, accidental,
etc.)

*If there is no heir, half of the property will go to the parents and the other half to the spouse

Surnames
Legitimate and Legitimated Children shall use surname of the father.
Illegitimate Child shall use surname of the mother.
Married Woman may use:
-Her maiden first name, surname, and add husbands last name
-Her maiden first name, and her husbands surname
-Her husbands full name but prefixing a word indicating that she is his wife, such as
"Mrs."
-Maintain her own name

Ramon Revilla Law- so long as the father recognizes the illegitimate child through the
record of birth appearing in the civil register, the child may use the fathers surname
-It is the mothers choice on what the surname of the child shall be
-The provision only applies for mistaken identity

Who are Citizens of RP
Those who are citizens of the Philippines at the time of adoption of the Constitution
Those whose fathers or mothers are citizens of the Philippines
Those born before January 17, 1973, of Filipino mothers, who elected Filipino citizenship
upon reaching the age of majority
Those who are naturalized in accordance with the law

*Dual citizenship is allowed, dual allegiance is not.

November 21, 2012

Conflicts of Law Provisions
Art. 14- Penal laws and those of public security and safety shall be obligatory upon all who
live or sojourn in the Philippine territory.
- Problems arise due to territorial jurisdiction
- Primary jurisdiction is the place where the crime was committed
- Remedy is extradition of the accused to the place of trial
- Poetic justice or karma
- Covered by Philippine law unless protected by diplomatic immunity
- Planes and boats carry the nationality of the country

Art. 15- Laws relating to family rights and duties, or to the status, condition and legal
capacity of persons are binding upon citizens of the Philippines, even though live abroad.
- Penal law is territorial
- Civil code is based on the law of the nationality
- Wedding abroad- Marriage certificate- Authenticate in Philippine Embassy- Submit
marriage certificate to NSO

Art. 16, Paragraph 1- Real property as well as personal property is subject to the law of the
country where it is stipulated.

Art. 17- The forms and solemnities of contracts wills, and other public instruments shall be
governed by the laws of the country in which they are executed.
Marriage
Special Contract
- Established civil status
- Consequences determined by law
- With Penal and Civil Sanction
Permanent Union
Man and Woman
Establishment of Conjugal and Family Life

*Protect the sanctity of the family and marriage
*But what sanctity is being protected if there was nothing good to protect in the first place?
*Example the husband beats his wife everyday; the child grows up in an environment of
violence
*Legal separation must have a cause

Marriage: establishment of conjugal family life

Constitutional Provisions
ARTICLE XV
THE FAMILY
Section 1. The State recognizes the Filipino family as the foundation of the nation.

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

Penal Sanctions
Bigamy- any person who shall contract a second or subsequent marriage before the former
marriage has been legally dissolved
- Before the absent spouse has been declared presumptively dead
- RPC Art 349
Adultery- any married woman who shall have
- Sexual intercourse with a man not her husband
- And by the man who has carnal knowledge of her knowing her to be married,
- Even if the marriage be subsequently declared void.
- RPC Art. 333

Concubinage- any husband who shall
- Keep a mistress in the conjugal dwelling,
- Or shall have sexual intercourse under scandalous circumstances, with a woman
who is not his wife,
- Or shall cohabit with her in any other place
- RPC Art. 334
- Once caught, deny so that the burden of proof is placed on the other side.

November 28, 2012
Cases:
Husband and wife cannot sell to each other because the two persons became one unless the
complete separation of property is specified in the pre-nuptial.
Otherwise, complete community of properties between husband and wife.
There can be no sale to your own self.

Universal partnership of assets
Follow Canadian laws regarding same sex marriage and the succession of the properties

Property succession:
Downwards to the children
If there are no children, then upwards to the parents
Give away by will, only the free portion
Siblings, or degree relatives

Adultery must be filed within 4 years upon discovery, otherwise it is assumed to have been
forgiven
Art. 40 of the Family Code
For adultery, if you forgive the spouse, you also forgive the paramour
Only the male can be jailed for concubinage. Penalty for the paramour is distierro. The
family cannot go near the man and his family.

Extinguishment of Crime
- In case of seduction, abduction, acts of lasciviousness and rape,
- The marriage of the offender with the offended party
- Shall extinguish the criminal action or remit the penalty already imposed upon him
- RPC Art. 344
- Marriage will exempt the offender from all criminal and civil liability.
* Seduction as a crime against chastity therefore only applicable to virgins.

6 US servicemen gang-raped Nicole, a Filipina at a bar. All 6 were sentenced to reclusion
perpetua.
Later on, Nicole fell in love with Lawrence, one of her rapists. She decided to forgive him
and marry him. Lawrence was released from prison.
The other 5 convicts petitioned the court to also release them since Nicole had already
forgiven one of the accused.
Decide.
Marriage does not cancel the crime, but only extinguishes the liability of the married
offender.

Special Penalty in Homicide
- Any legal married person
- having surprised his spouse in the act of committing sexual intercourse with another
person,
- shall kill any of them or both of them in the act or immediately thereafter, or shall
inflict upon them any serious physical injury,
- shall suffer the penalty of destierro.
- If he shall inflict upon them physical injuries of any other kind, he shall be exempt
from punishment.
- Crimes of passion
Applicable to Parents
- These rules shall be applicable, under the same circumstances, to parents with
respect to their daughters under eighteen years of age, and their seducer, while the
daughters are living with their parents.
- RPC Art. 247

Wasmer v. Velez
No one can be compelled by law to marry another person
Promise to marry is not a demandable obligation
But breach of promise to marry may be actionable cause for damages


December 5, 2012
Willie promised to marry Victoria and as a result impregnated her. On the day that they
were supposed to get married, Willie didnt show up.
The father of Victoria threatened to sue Willie for seduction if he doesnt marry his
daughter. Willie claimed that he is not liable for anything because he cannot be forced to
marry anyone. Decide.

Willie can be used for seduction which should have been extinguished by the marriage.
Under contract law, the threat of a criminal action done by the person does not vitiate the
consent.
Promise to marry is not actionable.
Non-marriage revives the crime.

Ching is a teacher in a Catholic university. She fell in love and got married to a student
who was 13 years her junior. When the school found out about it, they terminated her
service as teacher for immorality.
Ching claims it violated her freedom to marry and goes against the state policy to
promote family and marriage. Decide.

It was a Catholic university.
A school should promote morality among its faculty.
There is the power of teachers over the students.
There is a nurturing relationship between students and teachers as teachers are substitute
parents.
The school does not violate the freedom to marry but prohibits a relationship between
students and teachers.

MS is a big department store. It has a policy that requires all married female employees to
resign as soon as they are pregnant.
The reason is that the work in the department store requires that the employees need to
walk around a lot and stand for long hours. It would be detrimental to the health of the
mother and the baby to allow the continued employment of a pregnant lady.
Decide.

Pregnancy is not a crime therefore one cannot be terminated on the ground of pregnancy.
The case led to the 5-month contractualization.
Magna Carta of womens rights gave maternity leave for women not just for pregnancy but
also for womens diseases such as miscarriage, breast cancer, cervical cancer, etc. (For first
four childbirth)
A pregnant woman cannot be terminated whether the pregnancy arose from extramarital or
premarital sex.

Evidence Rule on Marital Disqualification
(Rule 130 Sec. 22)
- Spouse cannot testify for or against the other spouse without the consent of the
affected spouse,
- Unless its a civil case by one against the other or a criminal case for crime
committed against the other, or descendants or ascendants.
- Can only be invoked by the spouse
- Right ceases upon dissolution of marriage

Evidence Rule on Privileged Communication
(Rule 130 Sec. 24)
- Husband or wife,
- during or after marriage,
- cannot be examined without the consent of the other
- regarding any communication
- received in confidence by one to the other
- during the marriage
- Except:
Civil case by one against the other
Crimes committed against the other or direct ascendants or descendants
Communications that come into hand of third party, without collusion

Requisites of a Valid Marriage
Essential requisites: Characters of the party
Legal Capacity
Consent

Formal Requisites: Ritual
Authority of the solemnizing officer
Valid marriage license
Marriage Ceremony

* Absence of any requisite makes the marriage void.
* Defect occurring in essential requisites makes the marriage voidable.
* Defect in formal requisites would still make the marriage valid.

Legal Capacity
Male and Female
18 years old and above
Not incestuous
- Ascendants or Descendants
- Brothers and sisters
Not against public policy

Public Policy Prohibition
1. Between collateral blood relatives whether legitimate or illegitimate, up to the
fourth civil degree;
2. Between step-parents and step-children;
3. Between parents-in-law and children-in-law;
4. Between the adopting parent and the adopted child;
5. Between the surviving spouse of the adopting parent and the adopted child;
6. Between the surviving spouse of the adopted child and the adopter;
7. Between an adopted child and a legitimate child of the adopter;
8. Between adopted children of the same adopter;
9. Between parties where one, with the intention to marry the other, killed that other person's
spouse, or his or her own spouse.

Samson was adopted by Matthew and Helen. Later on, Samson fell in love with Delilah,
the daughter of the sister of Helen. Unknown to Samson, Delilahs biological father is
Matthew.
When Samson proposed marriage to Delilah, Matthew revealed the true relations of the
two and told them they cannot legally marry.
Decide.

They can get married because the prohibition states that an adopted child and legitimate child
cannot get married. In this case, Delilah is an illegitimate child therefore the public policy
prohibition does not apply to them.

Manny is married to Ara. Manny found out that Ara was having an affair with the great
boxer Dela Joya.
Manny challenged Dela Joya to a 12 round boxing match watched over HBO pay-per-
view. Manny took so much pounding in the head he died in the ring from a deadly
combination of punches from Dela Joya on the 8
th
round.
After Manny was buried, Dela Joya then married Ara. The family of Manny sued for the
annulment of the marriage.
Decide.

The marriage cannot be annulled because the death of Manny was not done by Dela Joya
with the intention of marrying Ara. The marriage took place after Mannys death. Therefore
the marriage is not prohibited.

Consent
Sound mind
Knowingly done
Freely given
- No Fraud or Duress
- No force, intimidation, under influence
No mistake in identity
- The circumstance of the person is not a mistake in identity

Formal Requisites
(Marriage Ceremony)
- Personal appearance parties before the solemnizing officer
- Declaration that they take each other as husband and wife (manifestation of intent)
- In the presence of at least 2 witnesses
- Signing of the marriage certificate
* No proxy allowed
* No witness, no marriage ceremony
* Less than two witnesses, defect

Authorized Solemnizing Officers
Members of the Judiciary
- Incumbent, not retired
- Within his courts jurisdiction
Navarro v Domagtoy says that if it is done outside of his courts jurisdiction it
is mere irregularity and does not affect validity of marriage
- SC/ CA/ Sandiganbayan/ CTA Justices- Jurisdiction is Nationwide

Mayors
- Added by Local Government Code
- Within his city or municipality only
- Within his city or municipality only
- In his absence, the Vice Mayor, or in the absence of both, the Senior Board Member
- Applying Navarro, mere irregularity if solemnized outside of his city.
- Opinion of Prof. Sta. Maria is this will make it void

Priest and Ministers
- Any church or religious sect
- Duly authorized by his church or religious sect
- Registered with the civil registrar general
- At least one of the contracting parties belongs to the church or sect

Articulo Mortis
(When parties are at point of death)
Military Commander in the absence of the Chaplain
- Commissioned Officer
- Persons within Military Zone of Operation
- Civilian or Military personnel

Ship Captain or Airplane Chief
- Crew Members or Passengers
- While in Flight or Stopover

Consul General, Consuls, Vice Consuls
- Between Filipinos abroad

Marriage License
- Valid for 120 days in any part of the Philippines
- By the local civil registrar of the city or municipality where either party habitually
resides
- Presentation of Original Birth Certificate, Baptismal, or his Residence Certificate, or
Affidavit by 2 witnesses
- If between 18-21 yrs old, the consent of the parents by personal appearance, or by
affidavit

* No consent makes the marriage voidable

Parental Advice
- If between 21-25
- Obliged to seek parental advice
- If unfavorable, marriage license held in abeyance for 3 months
- Certificate of marriage counselling
- Absence of such advice does not affect marriage

Where one party is foreigner
- Additional requirement:
- Certificate of Legal Capacity to contract marriage
- Issued by their respective diplomatic or consular officials
- If stateless or refuges, affidavit stating circumstances showing such capacity to
contract

Exception to License Requirement
Marriages in articulo mortis (Articles 27, 31, 32)
Residence is located such that either party has no means of transportation to enable such
party to appear before the Civil Registrar (Article 28)
Marriages among Muslims or among members of ethnic cultural communities as long as they
are solemnized in accordance with their customs (Article 33)

Live-in Couples
Couples living together as husband and wife for at least 5 years and they must not have any
legal impediment to marry each other (Article 34)
Must live together for 5 yrs
No disqualification at the time they marry each other (Manzano v. Sanchez)

* No more legal impediment only at the time of the marriage

Effects of Absence or Irregularity in Formal Requisites
The absence of a formal requisite makes the marriage void

Irregularities in the formal requisites does not affect the marriage, only subject the one
causing it to sanction

Foreign Marriages
Valid if solemnized abroad in accordance with laws in force in the country.
Examples of what would be allowed if the foreign state allows:
- If foreign state does not rquire marriage license
- If foreign state allows proxy marriages
- Other authorized solemnizing officers
Except:
- Party below 18 (Art 35-1)
- Bigamous or Polygamous marriages (Art 35-4)
- Mistake of Identity (Art 35-5)
- Psychological Incapacity (Art 36)
- Incestous (Art 37)
- Against Public Policy (Art 38)
- Same Sex Marriage
- Common law marriage

Presumption of Validity
Foreign Law must be proven or pleaded for purpose of determining validity of marriage
Otherwise, presumes as Philippines.
Presumption is validity. He who alleges invalidity must bear burden of proof to present
foreign law- (The Gatchalian Doctrine in CID v. Dela Rosa)

Rule on Foreign Divorce
Foreign divorces obtained by Filipino citizens will be considered void and are not recognized

Even if Filipina wife obtained a divorce from Filipino husband in Nevada, though the divorce
is valid in the rest of the world, it is not recognized here (Tenchavez v. Escano)

Exception Art 26 (b):
Requisites
1. The marriage between a Filipino and a foreigner
2. Divorce is granted abroad
3. Divorce obtained by the alien spouse.
4. Divorce capacitate the alien spouse to remarry

Special Case of Former Filipino who obtained Divorce as Alien
2 views:
1. Justice Puno- It wont. Article 26, 2 requires that at the time the marriage is
celebrated, there must be 1 foreigner.
2. DOJ Opinion- It applies; Article 26, 2 is not specific.

Republic v. Orbecido (GR 154380 5 Oct 2005)

Prove the switch in citizenship, the recognition of the divorce and that the other spouse is
capacitated to remarry.


December 12, 2012
Paternity and Filiation

Definition
Paternity- the relationship or status of a person with respect to his or her child
Filiation- the status of a person with respect to his or her parents

Kinds of Filiation
Legitimate
- Conceived or born during marriage of their parents
- Conceived or born in a void marriage because of psychological incapacity or no
Judicial Declaration of previously void marriage
Legitimated
-Children of parents, not married, but qualified to marry each other, who subsequently
married each other. Provided that the incapacity is only minority, then the child can be
legitimated.
Adopted- status of legitimate child
Illegitimate- cannot inherit from legitimate ascendants (succession bar rule)

Special Rule on Artificial Insemination
Authorization or ratification of the insemination by both husband and wife
In Writing
Executed and Signed before the Child Birth
Child considered legitimate

Proofs of Filiation
The record of birth appearing in the civil register or a final judgment, or
An admission of legitimate filiation in a public document or a private handwritten instrument
and signed by the parent concerned

In the absence:
The open and continuous possession of the status of a legitimate child
Other ways allowed by Rules of Court
baptismal certificate, family bibles, common reputation respecting pedigree, testimony of
witnesses, etc.

Time to File Action
During the Lifetime of the Child
Even if parents are no longer alive
May be transmitted to heirs
Should the child die during minority or die in a state of insanity or die during the pendency of
the case
Within 5 years from transmission of rights

Proof of Illegitimate Filiations
Same rule as Legitimate Child
But if based on open and continuous possession, or other means allowed, then action must be
filed when Parents are still alive

- Anyone can put a name in the birth certificate but must be signed by the person

When Legitimacy may be Impugned
- Physical impossibility for the husband to have sexual intercourse with his wife
within the first 120 days of the 300 days which immediately preceded the birth of
the child
- By biological or other scientific reasons, the child could not have been that of the
husband
- In artificial insemination, the written authorization or ratification of either parent
was obtained through mistake, fraud, violence, intimidation, or undue influence

Time to Impugn Legitimacy
- 1 year from knowledge of the birth or its recording in the civil register, if the
husband or in a proper case, any of his heirs, should reside in the city or municipality
where the birth took place or recorded
- 2 years from knowledge of the birth or its recording in the civil register, if the
husband or in a proper case, any of his heirs, DO NOT reside in the city or
municipality where the birth took place or recorded
- 3 years from knowledge of the birth or its recording in the civil register, if the
husband or in a proper case, any of his heirs, live abroad

Who can file action to impugn Legitimacy
Only the husband can impugn the legitimacy of the child

Heirs can file only if:
- Husband dies before prescription lapse
- Husband dies while action is pending
- Child born after death of husband

Rule on Child born in Successive Marriage
If Second Marriage contracted within 300 days of termination of First

Termination of 1
st
marriage: September 12, 2013
Celebration of 2
nd
marriage: December 25, 2013
Child birth: April 9, 2013

Celebration of 2
nd
marriage + 180 days after celebration of 2
nd
marriage=Child of the 1
st

marriage
180 days after celebration of 2
nd
marriage+ 300 days after termination of 1
st
marriage= Child
of the 2
nd
marriage

For the child to be considered the child of the 1
st
husband, the following requisites must
concur:
- The mother must have married again within 300 days from the termination of her
first marriage
- The child was born within the same 300 days after the termination of the former
marriage of its mother
- The child was born before 180 days after the solemnization of its mother's
2
nd
marriage

For the child to be considered the child of the 2
nd
husband, the following requisites must
concur:
- The mother must have married again within 300 days from the termination of the
marriage
- The child was born within the same 300 days after the termination of its mother's
first marriage
- The child was born after 180 days following the solemnization of its mother's
second marriage


Who May Adopt
- Any Filipino, legal age,
- At least sixteen (16) years older than the adoptee,
- The requirement of 16 year difference may be waived when the adopter is the
biological parent of the adoptee, or is the spouse of the adoptee's parent

Foreigners who want to adopt
- Must possess same qualification as the Filipino above
- His country has diplomatic relations with Phils
- 3 year residence in Phils
- Certified by Consular office that he is capacitated to adopt

When Residence and Certification Requirement maybe Waived
- A former Filipino citizen who seeks to adopt a relative within the fourth (4th)
degree of consanguinity or affinity
- One who seeks to adopt the legitimate son/daughter of his/her Filipino spouse
- One who is married to a Filipino citizen and seeks to adopt jointly with his/her
spouse a relative within the fourth (4th) degree of consanguinity or affinity of the
Filipino spouse

Who may be Adopted
- Any person below 18 years of age who has been administratively or judicially
declared available
- The legitimate son/daughter of one spouse by the other spouse
- An illegitimate son/daughter by a qualified adopter to improve his/her status to
that of legitimacy
- A person of legal age if, prior to the adoption, said person has been consistently
considered and treated by the adopter(s) as his/her own child since minority
- A child whose adoption has been previously rescinded
- A child whose biological or adoptive parent(s) has died

Rescission of Adoption
Only the Adoptee can rescind
- Repeated physical and verbal maltreatment by the adopter
- Attempt on the life of the adoptee
- Sexual assault or violence
- Abandonment and failure to comply with parental obligations
The Adopter can only disinherit


Support
Everything indispensable for:
- Sustenance,
- Dwelling,
- Clothing,
- Medical attendance,
- Education and
- Transportation,
In keeping with the financial capacity of the family
Depending on the necessities of recipient

Support for Education
Schooling or training
For some profession, trade or vocation,
Even beyond the age of majority

Order of Who Should Give Support:
Spouse
Descendants, nearest degree
Ascendants, nearest degree
Brothers and Sisters
In proportion to their resource
One who advances, entitled to reimbursement
Same preference for recipient, except a child subject to parental authority is preferred over
spouse

Illegitimate Relations
Parents to Children to Grandchildren only
Illegitimate Brothers and Sisters
Bound to support
But if 18 yrs or older, need to support only if sibling whose need for support is imputable to
his fault or negligence

Parental Authority
Legitimate Child
Joint, but Husband decision prevails
Illegitimate Child
Mother

7 yrs old or below w/ Mother
Above 7 yrs old, choice of child is respected

January 9, 2013

Property Relations
Art. 74. The property relationship between husband and wife shall be governed in the
following order:
1. By marriage settlements
2. By the provisions of this Code
3. By the local custom
- Must be entered into before the marriage because you cannot change property
relations after then
- File a petition to separate property in the court
- If the family benefitted from the debt, the innocent spouse will also have to pay the
debt
- Absolute community of property will be upheld if there is no prenuptial agreement

Default Rule in Property
Effective: August 3, 1988
The Absolute Community of Property will govern in the absence of a valid marriage
settlement. (Art 75)
All modifications to the marriage settlement must be made before the marriage is celebrated

Under ACP
Division of property: Half of the property goes to surviving spouse, the other half is divided
among the children and the surviving spouse
Divide the Domino Pizza first before the share in Yellow Cab

Exception to ACP in Default
When the 2st marriage is dissolved by reason of death and the 2
nd
marriage was entered into
before the conjugal partnership is liquidated, the law mandates that a regime of complete
separation of property shall govern
1 x 2 for Surviving spouse = 2/7
2 x 2 for Children=4/7
1 x 1 for Illegitimate child=1/7

Marriage Settlement
Must be in writing (private or public) for validity
Registered in Local Civil Registry where the marriage contract is recorded
Registered in the Proper Registries of Property
If below 21, must be with parental consent

Examples of what they put on the marriage settlement
Regime of Separate Properties
Donation in consideration of marriage
Specific properties which would not be part of community of property
Division of property in the event of dissolution

Donations Propter Nuptias
If property regime is not ACP, the future spouse cannot donate to the other in their marriage
settlements more than one-fifth (1/5) of their present property

Why exempt ACP?
If the regime is ACP, it is useless since such donation shall become part of the community
property.
In addition, donors tax must be paid.

When donation by reason of marriage can be revoked by Donor
(1) If the marriage is not celebrated or judicially declared void ab initio.
(2) When the marriage takes place without the consent of the parents or guardian, as required
by law;
(3) When the marriage is annulled, and the donee acted in bad faith;
(4) Upon legal separation, the donee being the guilty spouse;
(5) If it is with a resolutory condition and the condition is complied with;
(6) When the donee has committed an act of ingratitude under Art 765.
- Donee should commit an offense against the person the honor, or property of the
donor, his wife, children
- If donee imputes to donor any criminal offense or act involving moral turpitude,
even if he should prove it, unless the crime is against the donee, his wife, or children
- If he refuses him support when donee is legally or morally bound to give

Prohibition on Donation during marriage
General Rule
- The spouses may not donate to one another except moderate gifts to each other on the
occasion of any family rejoicing
- Article 87 is applicable to common-law spouses (Matabuena vs. Cervantes)

System of Absolute Community
Community property shall consist of all the property owned by the spouses at the time of the
celebration of the marriage or acquired thereafter

Application of ACP
At the Time of Marriage
- Husband had P 100
- Wife had P 10

When marriage dissolved the next day
- Husband has P 55 left
- Wife has 55 also (100 + 10)/2

Excluded from Community of Properties
- Property acquired by gratuitous title during marriage, including fruits and income
- Inheritance
- Donation
- Unless it is expressly provided by donor, testator, or grantor that they shall form part
of the community property
- Property for personal and exclusive use of either spouse
- Except Jewelries of substantial amount
- What is personal depends on the stature of the family
- Property acquired before the marriage by either spouse who has legitimate
descendants by a former marriage, and the fruits and income of such property
- To protect the children of first family
- If terminated by Death without liquidation, then Complete Separation Regime. If with
liquidation, ACP

Property Acquired using Separate Properties
Sta. Marias theory is they become common property
No provision similar to Art 109 of CPG on conversion
Not in the excluded list as provided by Art 93 which states that all property acquired during
the marriage is presumed to belong to the community

Charges upon ACP
- Support Common or Legitimate Children
- Illegitimate child primarily from separate property, but subsidiarily from ACP
- Debts and Obligations
- Tax Liens, Charges and Repairs
- Tax expenses for preservation of separate property
- Self Improvement activities
- Liabilities by reason of crime or delict
- Expenses of Litigation unless suit is groundless

Rules on Debts / Obligations
Obligations contracted by the designated administrator spouse for the purpose of benefiting
the community
Obligations contracted by both spouses
Obligations contracted by 1 spouse with the consent of the other

Debt contracted w/out Consent of the other spouse
ACP is liable only to the extent that the family may have benefited
This rule will apply also for businesses done without the consent or knowledge of the other
spouse.
Same with ante-nuptial debts
Burden to prove benefit on the creditor

Administration and Enjoyment of Community Property
Administration of the community property belongs to both spouses jointly
The power to administer does not include the power to dispose or encumber solely by 1
spouse. Court authority or the approval of the other spouse is required
Both spouses must consent to the encumbrance or disposition of the community property

In case of disagreement
The husband's decision shall prevail
Subject to recourse to the court by the wife for proper remedy
Within 5 yrs from date of contract

Dissolution of the ACP
Death
Legal Separation
Annulment or Void marriage
Judicial Separation of Property

Steps in Liquidation
1. Inventory
! 3 lists
1. Inventory of community property
2. Inventory of separate property of the wife
3. Inventory of separate property of the husband.

2. Payment of Community Debts
! First, pay out of community assets
! If not enough, husband and wife are solidarily liable with their separate property
3. Delivery to each spouse his or her separate property if any.
4. Division of the net community assets
NOTE: There are special rules regarding the family home.
5. Delivery of presumptive legitimes if any to the children

Conjugal Partnership of Gains
Governs for marriage celebrated before August 3, 1988
The following are owned in common:
Income of their separate properties
Everything acquired by them through their efforts
Everything acquired by them through chance

Application of CPG
!""" At the Time of Marriage
!"" Husband had P 100
!"" Wife had P 10

!""" When marriage dissolved the next day
!"" Husband has P 100
!"" Wife has P 10

!""" When marriage dissolved sometime later and value of Asset is already P 160
!"" Husband has P 125 (100 + 50% of 50)
!"" Wife has P 35 (10 + 50/2)

Excluded Properties
Property brought to the marriage as his or her own
Property which each spouse acquires during the marriage by gratuitous title
- Fruits and income from such property shall however be conjugal
Property which is acquired by right of redemption, by barter or exchange with property
belonging to only one of the spouses
Property which is purchased with exclusive money of the wife or of the husband


Retirement Benefits, Pensions
Governed by the rules on gratuitous or onerous acquisition.
Whether a person is entitled to it as a matter of right or mere liberality.

Property Bought on Instalments
Paid partly from exclusive funds and partly from conjugal funds
Depends on when full ownership was vested- if before marriage exclusive property,
regardless of source of fund
- Contract to sell: transfer of property until instalments are paid in full
- Deed of sale: transfer of property is done already upon entry into the deed

Personal Debts/Fines and Indemnities
- Conjugal only if redounds to benefit of family
- Otherwise separate property is liable
- May be enforced against the partnership assets only after conjugal debts have been covered,
if the spouse who is bound should have no exclusive property or if it should be insufficient
* Pay with personal money first then if its not enough, the conjugal partnership will be used
to pay after settling conjugal debts

Procedures in Liquidating CPG
1. Inventory of the CPG assets.
2. Restitution of advances of spouse
3. Payment of debts to each spouse
4. Payment of obligations to 3
rd
parties
5. Delivery of exclusive properties
6. Payment of losses and deterioration of movables belonging to each spouse
7. Delivery of presumptive legitimes
8. Division

Grounds for Separation of Properties
1. By Voluntary Petition of both spouses
2. That the spouse of the petitioner has been sentenced to a penalty which carries with it
civil interdiction;
3. That the spouse of the petitioner has been judicially declared an absentee;
4. That loss of parental authority of the spouse of petitioner has been decreed by the
court;
5. That the spouse of the petitioner has abandoned the latter or failed to comply with his
or her obligations to the family as provided for in Article 101;
6. That the spouse granted the power of administration in the marriage settlements has
abused that power; and
o That at the time of the petition, the spouses have been separated in fact for at
least one year and reconciliation is highly improbable.

Property Regime of Union without Marriage (Art 147)
- Where both capacitated to marry each other
- Live exclusively as husband and wife but without marriage or marriage is void
- Regime is special co-ownership
- Presumed by joint effort and both share equally
- Care and maintenance of family is contribution of the other spouse

Special Rules of Art 147
- The co-ownership cannot be terminated until the cohabitation is also terminated
- The co-owner may not dispose or encumber his share in the property

Property Regime of Union without Marriage (Art 148)
Where requirements of Art 147 not present,
Only the properties acquired by both of the parties through their actual joint contribution of
money, property, or industry shall be owned by them in common in proportion to their
respective contributions
But in the absence of evidence, presumption is equal contribution

Family Home
Dwelling house where the family resides, and the land on which it is situated
Deemed constituted at the time it is occupied
Exempt from Levy, Attachment, Execution
Shall not exceed P 300,000 in urban areas
In dissolution, shall be adjudicated to the spouse with whom the majority of the common
children choose to remain
May not be sold, alienated, donated, assigned or encumbered without the written consent of
the person, the spouse, and a majority of the beneficiaries of legal age
Shall continue for 10 yrs after death of one of the spouse or so long as there are minor
beneficiaries.

Exceptions to the Exemption
Non-payment of taxes
For debts incurred prior to the constitution of the family home
For debts secured by mortgages on the premises before or after the constitution
For debts due to labourers, mechanics, architects, builders, materialmen and others who have
rendered service or furnished material for the construction of the building

January 16, 2013
Defective Marriages
Valid Bigamous Marriage
Void Marriage
Void-able Marriage

Subsequent Marriage based on Presumptive Death
Spouse have been absent for 4 consecutive years.
Well founded belief that absent spouse already died
Summary Proceedings for declaration of presumptive death

Shortening of the 4 year period
Where there is danger of death, 2 years sufficient
- On board lost vessel
- Armed forces
- Life in danger

Termination of Subsequent Marriage
Subsequent marriage automatically terminated by the recording of the affidavit of re-
appearance of the absent spouse
Effect:
- Children of subsequent marriage is legitimate
- ACP or CPG dissolved and liquidated
- Donation by reason of marriage remains valid
*Valid bigamous marriage- as if there was a second marriage

Legal Remedies to Problematic Marriages
1. Declaration of Nullity of VOID Marriage (Void ab initio)
2. Annulment of VOIDABLE (Valid until annulled)
3. Nullity by reason of PSYCHOLOGICAL INCAPACITY
4. LEGAL SEPARATION (Separation Board and Lodging only)
5. Separation of PROPERTY (Dissolution of Absolute Community of Property)

Comparative effects of the different remedies
Void
Psychological
incapacity
Voidable
Legal
Separation
Property
relation
Rule on Co-
ownership
Co-ownership
Dissolution of
ACP/CPG
Separation of
Property
Status of
Children
Illegitimate Legitimate Legitimate Legitimate
Prescription
Never prescribe;
can be attack
collaterally
During lifetime of
spouses; directly
attack
5years from
marriage or from
discovery;
directly attack
5 years of
occurrence of
cause

Void Marriages
1. One party less than 18 years of age
2. No authority of solemnizing officer
3. No marriage license
4. No marriage ceremony
5. Bigamous or polygamous marriages
6. Mistake as to identify of one contracting party
7. Incestuous marriage
a. Ascendants and descendants
b. Brothers and sisters, whether full or half
8. Public policy prohibition

Effects of Declaration of Nullity
As if no marriage at all
Children are illegitimate
Property divided on the basis of Art 147/148
Where one of the parties is in bad faith, his share shall be forfeited in favour of the common
children other descendant, if none, then to the innocent part

Good/ Bad Faith Material if:
Either of the contracting parties in good faith believes that solemnizing officer has authority
Where both parties in a subsequent marriage are in bad faith;
- The marriage is VOID ab initio
- All donations and testamentary disposition revoked by operation of law

Who have the authority to marry?
What are the public policy prohibitions?

Special Classes of Subsequent Marriage
1. Subsequent marriage without securing judicial declaration of nullity of previous
marriage
2. Subsequent marriage marriages without settling property as required by law
3. Subsequent marriage terminated with the reappearance of spouse declared
presumptively death.

Subsequent Marriage
Declaration by the Court
A partition and distribution of the properties of the spouse
The delivery of the childrens presumptive legitime,
The recording of the judgment of nullity with the appropriate civil registry and registries of
property

Declaration of Court Needed
For purpose of re-marriage, the absolute nullity of a previous marriage may be invoked solely
on the basis of a final judgment declaring such previous marriage void. (Art. 40)
Otherwise, guilty of Bigamy
For other purposes, can be collaterally attacked.

REQUISITES OF PSYCHOLOGICAL INCAPACITY
1. Medically or clinically identified
2. Sufficiently proven by experts
3. Existing at the time of celebration of marriage
4. Medically or clinically Permanent or incurable
5. Grave enough to make him unable to perform essential obligation of marriage
6. Alleged in complaint, proven by evidence
a. Prosecutor and Sol Gen represent the state
b. Doubts resolved in favor of existence and continuation of marriage
c. Decision of church matrimonial tribunal, not controlling but respected

Requisites of psychological incapacity

Essential Marital Obligations
Live together, observe mutual love, respect and fidelity and render mutual help and support
Perform the rights and duties of a parent
Even party with psychological incapacity can file the action

EXAMPLES OF PSYCHOLOGICAL INCAPACITY
- Man and woman cracks up after having a child
- Neuroses, psychoses or other personality disorder
- Homosexuality or lesbians
- Excessive hunger for sex
- Extremely low intelligence
- Immaturity, excessive dependence on parents or peer
- Habitual alcoholism, drug dependence/ addiction
- Consistently getting into trouble with law
- Refusal to have sex or have children
- Compulsive gambling, unbearable jealousy
- Sadism, infliction of physical violence
- Constitutional laziness
- Perversion


January 23, 2013
Effects of Art 36 Psych Incp
Children conceived or born before the declaration is Legitimate
Property is divided based on Art 147/148

VOIDABLE MARRIAGE
(Valid until annulled)
1. Lack parental consent (18-21)
2. Unsound mind (insanity)
3. Fraud in securing consent
4. Force, Intimidation, Undue Influence
5. Incapable of Consummating Marriage
6. Incurable Sexually Transmissible Disease

Lack parental consent (18-21)
By the parent until party reach 21
By the non-age party within 5 yrs from attaining 21.

Unsound mind (insanity)
Mental soundness relative to capacity to give consent
Can be filed at any time before death
By either sane spouse who married without knowledge of insanity, guardian of insane
spouse, or insane spouse during lucid interval.
Unless party after coming to reason freely cohabitate

Fraud (Limited to ff. circumstances)
1. Non-disclosure of previous conviction from crimes involving moral turpitude
2. Concealment of pregnancy by another man at time of marriage
3. Concealment of Sexually Transmitted Disease, regardless of nature, at time of marriage
4. Concealment of Drug Addiction, Habitual Alcoholism, Homosexuality, or Lesbianism, at
time of marriage

Crimes of Moral Turpitude
1. There must be conviction
2. No need to investigate
3. Involves crimes contrary to justice, honesty, good morals
4. Examples of crimes involving moral turpitude:
Estafa
Homicide

Concealment of pregnancy by another man at time of marriage
Limited to fraud by wife
Must have concealment in bad faith, not mere pregnancy
If pregnancy is apparent, but husband did not inquire, then he cannot claim concealment
Claiming pregnancy, where there is none, is not a ground for annulment

Concealment of Sexually Transmitted Disease
Main point is concealment of such disease at time of marriage;
Gravity is irrelevant
Does not have to infect the other, can even be a non consummated marriage
If completely recovered, and can consummate marriage without risk to spouse, there is no
concealment.

Drug Addiction, Habitual Alcoholism
Existing at time of marriage, but concealed
Habitual/Addiction means persistent habit, frequent indulgence, fixed and irresistible habit

Homosexuality or Lesbianism
Unnatural affection toward the same sex to the extent that having relations with the other sex
is repugnant
Refers to sexual identity, does not need actual intercourse
Must be concealed

Force, Intimidation, Undue Influence
Force - coercion through violence,
Intimidation fear of imminent and grave evil upon his person property or those of his
relatives
Undue Influence Pressure short of actual force that affected free will or judgment to act
intelligently and voluntarily

Criminal Prosecution
Threat of filing rape charge, or other criminal complaint, not intimidation contemplated.
But if charge of immorality subject of threat was false, then can be annulled

Time to File
Can be filed by the injured party
Within 5 yrs from discovery of fraud or from time the force, intimidation, or undue influence
disappeared or cease

Incapable of Consummating Marriage
Within 5 yrs from the marriage ceremony
Permanent inability to complete intercourse
By husband or wife at time of marriage
Doctrine of Triennial Cohabitation applied.
If after 3 yrs of marriage, wife is still a virgin, then presumption is incapable of
consummation
Sterility not covered, only impotence

Incurable Sexually Transmissible Disease
Within 5 yrs from the marriage ceremony
Serious and Incurable
Existing at time of marriage, not contracted after
Even if not concealed

Effects of Annulment of Voidable Marriage
Children conceived or born before the finality of judgment shall be legitimate
Spouse entitled to support pendente lite
No children under 7 yrs old shall be separated from mother unless court finds compelling
reason to do so
Dissolution of ACP/CPG
Delivery of presumptive legitime

Remedial Law matters
Complaint filed, other party has 15 days to answer
No default in case of failure to answer
Fiscal shall make sure no collusion
Collusion - parties come up with agreement to provide fake cause for defective
marriage

Legal Separation
Does not affect Marital Status
No severance of the vinculum

Grounds
Repeated physical violence or grossly abusive conduct directed against the petitioner, a
common child, or a child of the petitioner
- If bodily harm, frequency not severity is determinative
- If grossly abusive conduct, not necessary to be frequent
Physical violence or moral pressure to compel the petitioner to change religious or
political affiliation
- Does not have to be repeated
- Only if its against petitioner
Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of
the petitioner, to engage in prostitution, or connivance in such corruption or inducement
- Mere attempt sufficient
Final judgment sentencing the respondent to imprisonment of more than six years, even if
pardoned

Drug addiction or habitual alcoholism of the respondent

Lesbianism or homosexuality of the respondent

Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad

Sexual infidelity or perversion
- A Single act is enough
- No conviction required
- Perversion includes activities with spouse

Attempt by the respondent against the life of the petitioner
- Mere attempt enough, no conviction required

Abandonment of petitioner by respondent without justifiable cause for more than one year

Grounds for Denial of Petition
1. Where the aggrieved party has condoned the offense or act complained of;
2. Where the aggrieved party has consented to the commission of the offense or act
complained of;
3. Where there is connivance between the parties in the commission of the offense or act
constituting the ground for legal separation;
4. Where both parties have given ground for legal separation;
Where there is collusion between the parties to obtain decree of legal separation;

Where the action is barred by prescription.
Death of either party during the pendency of the case (Lapuz-Sy vs. Eufemio)
Reconciliation of the parties

Things to note:
Cooling-off period can only try the petition for legal separation after 6 months from filing
no hearing on the main issue but the court may hear incidental issues
Steps taken toward the reconciliation of the spouses and is fully satisfied


Effects of Legal Separation
a) Spouses shall be entitled to live separately from each other, but the marriage bonds shall
not be severed.
b) The ACP or the CPG shall be dissolved and liquidated. The offending spouse shall have
no right to any share of the net profits earned by the ACP or CPG following the rules of
forfeiture in Article 43 (2).
c) The custody of the minor children shall be awarded to the innocent spouse subject to
Article 213.
d) The offending spouse shall be disqualified from inheriting from the innocent spouse by
intestate succession. Testamentary dispositions in favor of the offending spouse shall be
revoked by operation of law.
e) Donation propter nuptias made by the innocent spouse to the offending spouse may be
revoked at the option of the former. (Article 64)
f) The designation by the innocent spouse of the offending spouse as a beneficiary in any
insurance policy (even irrevocable ones) may be revoked by the innocent spouse. (Article
64
!
)
g) Cessation of the obligation of mutual support. (Article 198)
h) The wife shall continue using her name and surname employed before legal separation.

January 30, 2012
Succession in a Nutshell

Definition of Succession
Mode of Acquisition by virtue of which
Property, Rights and Obligation of a person
To the extent of the value of inheritance
Transmitted through his death to others or another
By Will (Testamentary) or by Operation of Law (Intestate) or Mixed

Parties
Decedent Person whose property is transmitted through succession
Testator A decedent who left a will
Heirs Persons called to succession
Devisee Persons to whom gifts of real property are given through a will.
Legatee Persons to whom personal property is given through a will.
Estate Those properties, rights or obligations to be transmitted

Intestate Succession
Legal succession
When a person dies without a will
When heirs named in the will are incapable of succeeding
Presumes what would have been his last wishes

Who are your heirs?
Compulsory heirs
- Legitimate Children and their legitimate descendants

Concurring Heirs (always shared with other parties)
- Surviving spouse
- Illegitimate children and their descendants

Secondary
- Legitimate Parents and their ascendants
- Illegitimate Parents

Other intestate heirs
In the absence of the compulsory heirs
- Brothers and sisters, nephews and nieces
- Relatives up to the fifth degree
- Government in default of any of the above through escheat

Basic Rules
Succession opens at the moment of death
o Important to note who dies first because it determines the subsequent heir.
o Sale of future inheritance is void; sale of undivided inheritance is valid.
o Government leans toward validity of the contract.
Nearest excludes the farther
Direct line preferred over collateral line (Grandfather first before the brother, collateral
line)
Relatives in the same degree inherits in equal share
What compulsory heirs will get cannot be lower than what they will get from legitime
Right of representation in the descending line

Right of Representation
Right created by legal fiction by virtue of which the representative is raised to the place and
degree of the person represented and acquires the rights which the latter would have if he
were living.

Legitimate Children Along
Entire estate, equal division
Children who predeceased the parent will not get any inheritance, except through
grandchildren by right of representation.
The adopted child deemed a legitimate child. But no right of representation. The
relationship created by the adoption is between only the adopting parents and the adopted
child and does not extend to the blood relatives of either party. (Sayson V. CA)

Legitimate and Illegitimate Children
Entire asset, with each illegitimate child getting # of what legitimate child gets (983 &
176 [Family Code])
Ratio of 2:1
What legitimate children will get cannot be lower than what they will get from legitimie,
which is # of the property.

Example 1:
Decedent has 2 legitimate children, 1 adopted child, and 1 illegitimate child
Legal Children= 2x2=4 2/7 each
Adopted Child=2x1=2 2/7
Illegitimate Child=1x1 1/7
Total=7
Estate divided by 7, each legitimate child gets 2/7 while the illegitimate gets 1/7.

Example 2:
Decedent has 2 legitimate children, 1 adopted child, and 10 illegitimate children
Legal Children=2x2=4
Adopted Child=1x2=2
Illegitimate Children=10x1=10

Satisfy first the legitime of #
Each legitimate child gets # divided by 3=1/6
The balance of # is divided by 10 illegitimate=1/20

Legitimate Children, Illegitimate, Surviving Spouse
A Surviving Spouse gets same share as a legitimate child to be taken from the other half of
the estate
If only one legitimate child, the Surviving Spouse gets at most $ of the other half

Example 3:
Decedent has 2 legitimate children, 1 surviving spouse, and 1 illegitimate child
Legitimate Children=2x2=4 2/7 each
Surviving Spouse=1x2=2 2/7
Illegitimate Children=1x1=1 1/7
Total=7

Example 4:
Decedent has 2 legitimate children, a surviving spouse, and 10 illegitimate children
Satisfy the legitime of Legit Children of # of the Estate
Legitimate children get # divided by 2=1/4
Surviving spouse gets $ also
The balance of $ is divided by 10 illegitimate children=1/40

Legitimate parents and illegitimate children
Legitimate parents get # of the estate; illegitimate children the other # (991)
Example 5:
o Decedent survived by parents, and 10 illegitimate children
o 1/2 of the estate divided by 2=1/4 for parents
o # of the estate divided by illegitimate children=1/20
*IF there are existing grandparents in both sides of the family, divide the # into two. $ to
fathers side, $ to mothers side. Mothers side is divided by two so 1/8 each.

Legitimate parents, surviving spouse and illegitimate children
Legitimate parents get # of the estate; spouse and the illegitimate children get $
each.(The latter to share amongst themselves if more than 1) [1000]
Example 6:
o Decedent survived by parents, spouse, and 10 illegitimate children.
o Parents get # divide by 2=1/4 each
o Surviving spouse gets $
o Illegitimate children gets $ divided by 10=1/40 each

Surviving spouse and legitimate brothers and sisters, nephews and nieces
Spouse gets # of the estate, while the rest of the brother and sisters get the other #
with the nephews and nieces inheriting by representation if proper (1001)
Brothers and Sisters cannot inherit if Parents of Ascendants survived

Example 7:
Decedent survived by his spouse, and brothers A and B, Bs child X, and children of
predeceased C-Y and Z.
o Spouse gets #
o A, B and C, represented by Y and Z gets # divided by 3=1/6
o Y and Z gets 1/6 divided by 2=1/12 each
o X gets nothing.

Surviving spouse and Illegitimate brothers and sisters, nephews, and nieces
Spouse gets # of the estate while the rest gets the other # with the nephews and nieces
inheriting by representation if proper
All the other relatives should

https://docs.google.com/document/pub?id=1gUQgi_QMzrTh8v6Pa8om5i61nf5B3CW626W
EJQQXs6s

Acceptance and Repudiation
No person can accept or repudiate until the death of decedent is certain
Retroacts to the moment of death
Can be partial accept, partial repudiate
Repudiation of testamentary provisions includes repudiation of intestate shares
Acceptance may be implied or in writing
Once made is irrevocable
If repudiate, no right of representation
Repudiation in public or authenticated documents or by petition to court

Collation
Defined Computing or adding certain values to the estate of properties those given by
donation or gratuitous title to compulsory heirs except to spouse
Purpose, to compute legitime, and determining free portion
Only value of thing at the time of donation is brought to collation

Excluded from Collation
All donations intervivos shall be reduced if found inofficious or impaired legitime
Donations not collationable
Donation given to descendants of children
Donation to spouse of children
Expenses for support, education, medical attendance, customary gifts.
Wedding gifts in jewellery, clothing,


Land title
Tax declaration
Zonal value
Sales Tax

February 6, 2013

D died with a son and two daughters. Each daughter when they got married, they got a house
and lot worth 5 million. When D died, he left his entire estate of 10 million to his son. The
two stepdaughters complained that they were deprived of their inheritance. Decide.

Art 1032: Unworthy to succeed
1. Parents who abandoned their children, or induce daughter to lead corrupt or immoral life,
or attempted against their virtue;
2. Person convicted of attempt against life of testator, spouse, descendants, ascendants;
3. Person accused testator of crime with imprisonment of 6 years or more, if accusation
found groundless
4. Heir of full age who fail to report to an officer of the law within one month the violent
death of testator;
5. Person convicted of adultery or concubinage with spouse of testator;
6. Person who by fraud, violence, intimidation or undue influence causes testator to make a
will or to change one;
7. Person who prevents making of will or revoking one or supplants, conceals or alters one;
8. Person who falsifies or forges a supposed will.

Will
An act whereby a person is permitted, with the formalities prescribed by law, to control to
a certain degree the disposition of his estate to take effect after his death.
No joint will
Forms
o Holographic
o Notarial

Holographic Will
Entirely hand-written, dated, and signed by hand of testator
Dispositions written below signature must be dated and signed by him again
Insertion, cancellation, erasure or alteration must be authenticated by full signature
At least one witness who knows handwriting and signature of the testator
In probate of holographic will, at least one witness who knows handwriting and signature
of testator.
If will is contested, at least three such witnesses, or in absence thereof, expert testimony.

Notarial Wills
Written in language known to testator
Signed at end by testator, or in his name by third party under express direction of testator
and in his presence
Attested and subscribed by three or more credible witnesses
Signed in the presence of testator and of one another
Each page numbered correlatively on the upper part of each page
Testator and witnesses shall also sign each and every page except last on the left margin
Contain an attestation clause
Acknowledged before a notary public

Witnesses
Natural person


Attestation Clause
# of pages used
Testator signed every page or caused other person to write his name
Signed in the presence of instrumental witnesses
Witnesses signed each and every page in the presence of the testator and each other

Who can make a Will
Must be of 18 yrs of age
Sound mind at the time of execution of will
Knows the nature of his estate
Proper objects of his bounty
Testamentary character of his act
Without force, duress or undue pressure
Presumption of insanity if one month or less before making will, testator publicly known
to be insane.

Incapacity to Succeed
1. Priest who heard testator confession during his last illness or the minister of the gospel
who extended spiritual aid to him during the same period;
2. Relatives of such priest or minister within the fourth degree, the church, order, chapter,
community, organization, or institution;
3. Guardian as to ward before final accounts of guardianship (except if ascendant,
descendant, brother, sister or spouse);
4. Attesting witness to execution of the will, his spouse, parents, or children, or anyone
claiming under such witness, spouse, parents, or children;
5. Physician, surgeon, nurse, health officer, or druggist of the last illness;
6. Individuals, associations, corporations not permitted by law to inherit.
7. Those prohibited under 739 Void Donation
a. Persons guilty of concubinage or adultery
b. Persons guilty of same criminal offense, in consideration thereof
c. Made to public officer or wife, descendant, ascendant, by reason of his office

Disinheritance
Compulsory heir deprived of his legitime
Heir disinherited designated by name in clear and uncertain manner
For valid cause designated by law (919, 920, 921)
Made in a valid will
Express statement of cause
Proven if denied
Unconditional and total

Causes for Disinheritance common to all
1. Person found guilty of attempt on life of Testator, spouse, descendants, ascendants
2. Accused Testator of crime with imprisonment of 6 years or more, if accusation found
groundless;
3. By fraud, violence, intimidation or undue influence causes testator to make a will or to
change one;

Cause for Disinheritance of Children and Parents only
4. Convicted of adultery or concubinage with spouse of testator;
5. Refusal without justifiable cause to give support;

Modification for each group of Refusal to Support
For Children
Refusal to support testator;
For Parents
Refusal to support children, and descendants
For Spouse
Refusal to support spouse or children

Cause for Children only
6. Maltreatment of testator by word or deed;
7. Led a dishonorable or disgraceful life;
8. Convicted of crime with penalty of civil interdiction

Causes for Parents, Ascendants only
Parents who abandoned their children, or induce daughter to lead corrupt or immoral life,
or attempted against their virtue
Loss of parental authority
Refusal without justifiable cause to support testator and descendants
Attempt by one parent against life of the other, unless reconciled

Causes for Spouse only
Given grounds for legal separation, even if no case filed
Spouse gave grounds for Loss of parental authority

Setting Aside the Disqualification
Subsequent reconciliation between the offender and offended renders ineffectual any
disinheritance
If reconciliation occurs before disinheritance, right to disinherit extinguish

Right of Representation in Disqualification
Children and descendants of the disinherited child, spouse shall take his place and preserve
the rights of compulsory heirs
But disinherited parent shall not have usufruct or administration of property

Die broke.
Provide the tools for the children to earn money.
Wealth does not pass through 3 generations.
Do not give everything to them so that children will learn to work hard.
You earn it, you spend it.

February 13, 2013
To Whom Will Your Money Go?
A talk on Property Division in Marriage and the Law on Succession

Advantages of Pre-Nuptial
Protection from ACP
Protection from unforeseen circumstance

Steps in Settling Estate
Determine the net asset of the decedent. (Deduct from assets the obligations and expenses)
Liquidate the spouses properties
Pay Estate Tax
Distribute inheritance, if any asset left

Domino Pizza
Yellow Cab

Estate Tax

Graduated Tax Rate
Estate Not over P200, 000= 0%
Over P200, 000 but not over 500,000= 5% of excess over P200, 000
Over P500, 000 but not over 2,000,000= P15, 000 + 8% of excess over 500,000
Over P2 million but not over 5 million= P135, 000 + 11% of excess over 2M
Over P5 M but not over 10M= P465, 000 + 15% excess over 5M
P10 M and over=P1, 250,000 + 20% excess over 10M

Example Computation
Net Conjugal/Community Property P10, 000 M
Add
Separate Properties of Decedent 2,000
Gross Estate 12,000
Less Funeral Expenses 200 (5% of estate value but not more than 200K)
Medical Expenses 500 (Maximum of 500,000)
Standard Deduction 1,000
Net Estate 10,300
Less: Share of surviving spouse 5,000
Less: Family Home 1,000
Taxable Net Estate 4,300
Applicable tax rate
135,000+ 11% of over 2,000= 388,000


Zonal Value per sq. m x No. Of sq. m + Market Value of Improvement=Property Value
Capital Gains Tax of 6% of Property Value
Documented Stamp Tax 1.5% of Property Value

Zonal Value= P 3,625,000
Value of Improvement= + P 160,780.80
P 3,785,780.80
CGT= P227, 146.85
DST= P

Net Conj/ Community Prop 3,785,780.80
Add:
Separate Property of Decedent 4,303,500
Gross Estate 8,089,280.80

Less: Funeral Expenses 200,000
Medical Expenses 0
Standard Deduction 1,000,000
Net Estate 6,889,280.80

Applicable Tax Rate= P465, 000 + (15% * 1,889,280.80) =P 748,392.12
Donation Tax= 204,000 + (10% * 785,780.80)= P282,578,08

Allowable Expenses
Funeral Expenses
Up to 5% of Gross Estate or maximum P200,000

Medical Expenses
Within one year prior to death with a maximum amount of P500,000

Estate Planning Tools
Incorporation
- Tax Free Exchange of Assets for Shares (At least 51% of shares)

Insurance- irrevocable beneficiary (upon death, the proceeds will go to beneficiary, tax-free)
- Compute the estate tax, buy insurance worth to cover the estate tax immediately after
death
- Beneficiary must be irrevocable

Bequeath to Foundation- Ex.: Gokongweis Go & Brothers Foundation
Donation
Sale

*Borrow loan from bank to reduce the value of the net asset

Acquisitions and Transfer Expressly Exempted by Law
- Bequests, devises, legacies or transfer to social welfare, cultural, charitable institution
(provided not more than 30% of such fund used for administration)
- Plan of fund sourcing
- Beneficiary
- PCNC Accreditation
Insurance Proceeds
Tax Exempt only if the designation of beneficiary is Irrevocable
The insurer must have insurable interest over Insurer.
Risk of the insurance company not surviving the insured.

Donation Tax
Not over 100K= 0%
Over 100K but not over 200K= 2% of excess 00T
Over 200K but not over 500K= P2,000 + 4% of over 200T
Over 500K but not over 1M= P14,000 + 6% of over 500T
Over 1M but not over 3M= P44,000 + 8% of over 1M
Over 3M but not over 5M= P204,000 + 10% of over 3M
Over 5M but not over 10M= P404,000 + 12% of over 5M
10M and over= P1,004,000 + 15% of over 10M