Professional Documents
Culture Documents
Maria)
Added Info:
Covered Under this Rule:
Presidential decrees and
executive orders by the
president in exercise of his
legislative powers.
Administrative rules and
regulations if their purpose is
to enforce or implement
existing law pursuant to a
valid delegation.
City charter must be
published even if it is only
applicable to a portion of
national territory
* Interpretative regulation and those
internal in nature need not be
published.
Maxim: ignorantia legis non excusat
- Judicial decisions, applying and interpreting laws and the Constitution, assume
the same authority as laws.
- Judges must not evade performance of their responsibility because of an
apparent non-existence or vagueness of a law governing a particular legal
dispute.
The court must first apply the law, only when there is ambiguity in its
application should there be any kind of interpretation.
The interpretation should be in line with the intent of the legislature or
the end sought to be attained.
Exception:
Foreigners who are immune from suit
and thus cannot be charged
(diplomatic agents)
Thus a Filipino cannot get a divorce
even if he or she goes abroad, since
divorce is not recognized in the
Philippines
Real and Personal Property are subject to the law of the country where
it is found. However, when it comes to the order, amount, and intrinsic
validity of the succession it shall be regulated by the law of the person
whose succession is being considered regardless of where the property
is to be found.
Extrinsic validity: the laws shall govern the forms of contracts and wills where
they are made. Thus a will made in the U.S. must follow the laws regarding the
forms of wills in the U.S.
Acts before Diplomatic and Consular Officials: Any act or contract made in a
foreign country made before the diplomatic and consular officials must also
conform to Philippine laws. This is because in the premises of a diplomatic office
the foreign country waives its jurisdiction so the Philippine laws govern in the
premises of the Philippine Diplomatic Office in foreign countries.
Prohibitive Laws: Prohibitive laws concerning property, persons, their acts and
those meant for public order, public policy, or good customs will continue to be in
effect even if the person is in a different country with different laws.
Ex. A Filipino gets married to 2 women in another country where bigamy is legal,
the second marriage is void since bigamy is not permitted in the Philippines.
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However one must check the kind of transaction at hand and whether
the civil code provision is applicable
Ex. In a previous case, the Carriage of Goods by Sea Act there is a one year
prescription for making a claim for loss or damage and the plaintiff believed that
he could extend the prescriptive period by giving a written demand pursuant to
Art. 1155 of the civil code, especially since the civil code is meant to be
supplementary according to Art. 18. However the Supreme Court ruled that it
was not applicable because when it comes to matters of goods in transport it is
desirable that it be resolved at once taking into consideration the nature of the
goods.
HUMAN RELATIONS
Art. 19: Abuse of right doctrine
It is the courts duty to render justice and give protection on account of those who are
disadvantage due to moral dependence, ignorance, indigence (poverty), mental
weakness, tender age or other handicap.
The courts at the instance of the government or any private charitable institution can
order one to stop extreme spending during times of emergency.
Ex. There is a gasoline scarcity and a rich man buys tons and tons of gasoline to power
his private amusement park. the court may order him to seize such at the instance of
the government or charitable institution to prevent such in times of emergency.
- Meant to enforce the right of one to his privacy in ones own home, religious freedom,
prevent moral suffering, vexation, humiliation,
- One may file an action for damages against the officer who does not perform his official
duty without just cause.
- A public officer who commits a tort or other wrongful act is still liable to the victim.
- Necessary to promote a system of free enterprise and a fair chance for others to
engage in business and earn a living.
- If in a criminal case, the accused is not proven guilty beyond reasonable doubt a civil
action may be made and the degree of proof necessary is only a preponderance of
evidence which means that more evidence is adduced to prove the guilt of the accused
compared to that to defend him.
- A civil obligation arising from a criminal offense only needs a preponderance of
evidence as the quantum of proof,
Usually a criminal proceeding, if commenced, must be terminated before a civil
proceeding can begin. If a civil proceeding has begun and later on a criminal
proceeding is filed, the civil proceeding is put on hold until the criminal
proceeding has finished.
However when the civil obligation is separate from the crime committed it may
proceed independently of the criminal proceeding.
Certain injuries do not arise from the commission of a crime.
Ex. A bus driver crashes the bus because he is drunk. The civil action here is based from
the breach of the contractual obligation of all common carriers to take extra diligence in
driving his passengers. The criminal action here is based on the drivers criminal
negligence. The first is governed by the civil code and the second is from the Revised
Penal Code.
- Necessary to have an absolute separate and independent civil action for the violation
of civil liberties for the effective maintenance of democracy.
- Principle is to allow the citizen to enforce his rights regardless of State action so that
citizens will not depend upon the government for the vindication of their own private
rights.
- Includes fraud, defamation, physical injuries and are understood in their ordinary
sense.
When there is danger to life or property, and the police officer refuses to give
aid and protection, such peace officer shall be primarily liable for damages, and
the city or municipality shall be subsidiarily responsible.
An independent civil action can be instituted wherein a preponderance of
evidence is all that is required.
- When a person claiming to be injured by a criminal offense, charges another but the
judges fails to find any crime to have been committed or if the prosecuting attorney
If complaint be malicious,
defendant may can be
refuses/fails to institute criminal proceedings, complainant may file a civil action for
damages against the alleged offender
Art. 36: Prejudicial Questions
The general rule is that the criminal case takes precedence; an exception
would be if there exist prejudicial questions, which should be resolved before
the criminal case.
PREJUDICIAL QUESTION: That which must precede the criminal action that which
requires a decision before a final judgment is rendered in the principal action where the
said question is closely connected. The resolution of the Prejudicial question will
determine if the criminal action may proceed.
Ex. A and B got married. B then married C. A filed a case for bigamy against B. B also
filed a civil case against C (the second spouse) contending that she was intimidated into
marrying C. The civil case to determine whether there was intimidation or not must
necessary be resolved before the bigamy case. If B was indeed intimidated in marrying
C, there is no bigamy.
CIVIL PERSONALITY: GENERAL PROVISIONS
Art. 37: Juridical Capacity and
JURIDICAL CAPACITY: fitness to be the subject of legal relations, inherent in every
Capacity to Act.
person and is lost only through death.
- Acquired when one is conceived (rights of the unborn child)
CAPACITY TO ACT: power to do acts with legal effect, may be acquired of lost
- Acquired when one reaches the age of majority, lost in cases like civil interdiction1.
Art. 38: Restrictions on the
Restrictions on the capacity to act: Minority, insanity or imbecility, state of being a deafcapacity to act
mute, prodigality, and civil interdiction are mere restrictions on the capacity to act. Do
not exempt the person from certain obligations.
Art. 39: Modification or limit
Modify/limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute,
capacity to act
penalty, prodigality, family relations, alienage, absence, insolvency, and trusteeship.
NATURAL PERSONS
Art. 40: Commencement of Civil
personality
Birth determines personality but the conceived child shall be considered born
for all purposes that are favorable to it. Provided that the conceived child is later
born with the conditions in Art. 41.
The fetus is considered born if it is alive from the time it was completely
delivered from the mothers womb. BUT if the fetus was alive in the womb for
less than 7 months it is not deemed born if it dies within 24 hours it is delivered
form the womb.
Death puts an end to civil personality
Dead person continues to have personality only through contract, will, or as
determined by law. Creditors can still claim from the estate of the deceased
any obligation due to them.
An accessory penalty for the commission of an offense, which deprives the offender during the time of his sentence the rights of parental authority, or
guardianship, right to manage his property and the right to dispose of such property by any act.
JURIDICAL PERSONS
Art. 44: Who are juridical persons
Art. 45: What governs juridical
persons
Art. 46: Rights and obligations of
juridical persons
No human body shall be buried unless the proper death certificate has been
presented and recorded however during an epidemic bodies may be buried
provided that the death certificate be secured within 5 days after the burial.
Applies to persons who are called to succeed each other like mother and child.
(Necessary to determine the amount of inheritance one is to receive,
transmission of rights, etc.)
If there is no proof as to who died first, they are presumed to have died at the
same time and thus no transmission of rights from one to the other.
Proof of death cannot be established from mere inference or presumptions. It
must be established by clear positive evidence.
THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3, 1988 signed by President Corazon Aquino (Executive Order 209)
REQUISITES OF MARRIAGE:
Article
Summary of Annotation
Additional
Info/Exceptions/Connected
with:
Art. 1: Marriage is a special contract of permanent union
Nature of Marriage:
*Marriage as a special contract
between a man and a woman entered into in accordance
-Marriage is one of the basic civil rights of man. The freedom
cannot be restricted by
with the law for the establishment of conjugal and family life.
to marry has been recognized as a vital personal right towards discriminatory policies of private
It is the foundation of the family and an inviolable social
the pursuit of mans happiness.
individuals or corporations.
institution whose nature, consequences, and incidents are
-Still considered as a special civil contract regulated by law
governed by law and not subject to stipulation, except that
due to the high state interest in protecting and safeguarding
MAIL-ORDER BRIDE:
marriage settlements may fix the property relations during
the family.
considered as a criminal offense
the marriage within the limits provided by the code.
-A contract to marry, unlike other contracts, cannot be modified because marriage is vested with
or changed. Once it is executed a relation is formed between
public interest. (Connected with
the parties that cannot be altered. The law steps in to hold or
the Anti-Trafficking Act)
bind the parties together.
Acts punished:
-A subsequent marriage between the rapist and raped victim
1. Carry on such a business
extinguishes the criminal action or penalty of the rapist. In
2. To advertise the promotion of
case of marital rape2
such acts.
3. Solicit or attract or any Filipino
Marriage Status: Marriage creates a social status, which the
woman to become a member in a
state is interested in protecting. It is a case where a double
club that matches women for
status is created, involves and affects two persons.
marriage to foreign nationals for
a fee.
Marriage in International Law: men and women of full age
4. Use the postal service to
without any limitation due to race, nationality or religion have
promote the prohibited acts.
the right to marry and found a family.
1. Universal Declaration of Human Rights
VALIDITY OF MARRIAGE:
2. International Covenant on Economic, Social and Cultural
governed by the law effective at
Rights
the time of the celebration of the
3. International Covenant on Civil and Political Rights.
marriage.
Constitutional Protection: The State recognizes the sanctity of
family life and shall protect and strengthen it. The state also
recognizes marriage as an inviolable social institution and the
foundation of the family and shall be protected by the state.
* The constitutional provisions on marriage however do NOT
2
Marital rape is now considered a crime wherein the legal husband is the offender and the wife is the victim. Prior to this marital rape was not considered a crime
because it was considered the right of the husband to have sexual intercourse with his wife whenever he pleased.
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2.
3.
4.
5.
6.
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the marriage.
There is a need to limit the persons who can
solemnize marriages since marriage is an important
institution the state wants to safeguard and protect.
Because the state is interested in marriage, it
becomes a party thereto by manifested in the
consent required and granted to limited number of
officers.
JUDGES: they can only solemnize marriages within their
jurisdiction and they must be incumbent.
Court of Tax Appeals, Sandiganbayan, Court of Appeals,
Supreme Court: National jurisdiction
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13
3.
4.
5.
The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear
personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in
the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing
before him, be convinced that either or both of them have the required age.
Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required to furnish,
instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the deceased spouse
or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her previous
marriage.
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In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance and his or her
actual civil status and the name and date of death of the deceased spouse.
Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between
the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local
civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge
of them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who personally appears
before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before
any official authorized by law to administer oaths. The personal manifestation shall be recorded in both applications for
marriage license, and the affidavit, if one is executed instead, shall be attached to said applications.
Art. 15: Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian
for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not
be issued till after three months following the completion of the publication of the application therefore. A sworn statement by
the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be
attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be
stated in the sworn statement.
Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to
the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize
marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect
that the contracting parties have undergone marriage counseling. Failure to attach said certificates of marriage counseling
shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the
application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative
sanctions but shall not affect the validity of the marriage.
Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the
counseling referred to in the preceding paragraph
Art. 17: The local civil registrar shall prepare a notice, which
- It is the duty of the civil registrar to post a notice informing
shall contain the full names and residences of the applicants
the public of the impending marriage. The purpose of which is
for a marriage license and other data given in the
so that persons having knowledge of any impediment to the
applications. The notice shall be posted for ten consecutive
marriage can inform the local civil registrar.
days on a bulletin board outside the office of the local civil
- It is to be posted for 10 consecutive days on a bulletin board
registrar located in a conspicuous place within the building
outside the office
and accessible to the general public. This notice shall request - The civil registrar shall be issued after the period of
all persons having knowledge of any impediment to the
publication.
marriage to advise the local civil registrar thereof. The
marriage license shall be issued after the completion of the
period of publication.
Art. 18: In case of any impediment known to the local civil
- If an impediment is made known to the civil registrar he
EXCEPTIONS:
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1.
2.
Ex. In the US 16 years old is the age when one can contract
marriage. A 16-year-old US citizen may contract marriage in
the Philippines provided that he gives a certificate from his
embassy stating that 16 years old is the legal age to marry.
- If both are citizens of a foreign country and they are married
in their embassy there is no need to follow the requirement of
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Art. 25. The local civil registrar concerned shall enter all
applications for marriage licenses filed with him in a registry
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EXCEPTIONS to international
comity:
-Either or both contracting parties
are Filipinos and below 18 years
of age
-Polygamous and bigamous
marriages recognized abroad will
not be valid here.
-Marriage abroad where there is
mistake of identity of the other
contracting party is not
recognized here.
-Marriage by a Filipino to one
who is psychologically
incapacitated is not valid here
-Marriages that are incestuous
are not valid here even if
celebrated abroad and valid
there. (Art. 37)
-Marriages against public policy
are not valid here either (Art. 38)
-Common law marriages are not
recognized here, the marriage
must still be solemnized and not
contracted.
-Same sex marriages between
Filipinos are not valid even if
done abroad.
* If a Filipino contracts a foreign
marriage which is null and void
under the laws of the state where
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19
20
Article 18: if the civil registry gives the license despite the courts ordering an injunction to order the civil registry not to give the marriage license.
Article 21: if the civil registry gives the license despite absence of certificate of legal capacity of foreigners.
Article 34: When the solemnizing officer failed to investigate whether or not there was an impediment to the marriage in marriages after 5 years of cohabitation.
MARRIAGES VOID AB INITIO: Not valid from its inception. No rights can flow from it and can never be ratified. (Judicial declaration of nullity).
Art. 35: The following marriages shall be void from the
Article 2, 3, 4: when all the essential and formal requisites of a marriage are absent
beginning:
Only marriages declared by the legislature, as void should be treated as such. There can
(1) Those contracted by any party below eighteen years of
be no other void marriage except those provided by law.
age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized
Void Marriage
Voidable
to perform marriages unless such marriages were
Cant be a source of rights
Can be source of rights
contracted with either or both parties believing in good faith
Cant be ratified
Ratified by prescription or
that the solemnizing officer had the legal authority to do so;
cohabitation
(3) Those solemnized without license, except those covered
Can be attacked collaterally.
Can only be attacked directly
the preceding Chapter;
Can be questioned after death of
Only assailed during lifetime of
(4) Those bigamous or polygamous marriages not failing
parties
parties
under Article 41;
Action for nullity has no
Action prescribes
(5) Those contracted through mistake of one contracting
prescription
party as to the identity of the other; and
Estoppel or acquiescence does not apply to remedy the infirmity of a void marriage. Thus
(6) Those subsequent marriages that are void under Article
if one of the parties stated under oath that they were 25 when they were actually 16 the
53.
marriage is void despite the oath.
Good faith and bad faith generally is immaterial in void marriages except: when either of
the parties believed in good faith that the solemnizing officer had the authority to
solemnize the marriage when in fact he had none. Second, in case the spouse disappears
for 4 years or 2 years in proper cases the present spouse may marry again if there is a
judicial declaration of presumptive death and at the time of the celebration of marriage
either spouse is in good faith that the absent spouse is still absent.
Ex. W is married to H and W disappears for 4 years and is judicially declared
presumptively dead. H later on is to marry W2. W2 however sees W the day before the
wedding but does not tell H. As long as H is in good faith and does not know of the
presence of W the marriage will still be valid.
Generally evidence other than a judicial declaration of nullity can be presented except
(direct attack needed) for purposes of remarriage, validity of marriage is essential to the
determination of the case, and when a donor desires to revoke a donation propter
nuptias.
BELOW 18 YEARS OF AGE: not capacitated to marry even if with parental consent.
History: 14 male, 12 female: minimum age for effective procreation
16 male, 14 female: Maturity and responsibility were taken into consideration.
Gender Roles: ability of men to provide and ability of women to care for the
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household.
18 for both: No significant difference in terms of maturity of male and female.
Science shows below 18 leads to unsafe pregnancies.
NON-AUTHORITY OF SOLEMNIZER:
Exception: If EITHER or both of the contracting parties believed in good faith that he had such
authority. The good faith of the party is what is referred to not the solemnizing officer.
- Unless it was ignorance of the law then the marriage will be void. The person must be one of the
people in Article 7 thus if a couple is married by a janitor, them believing that a janitor can celebrate
a marriage, the marriage will be void.
Exception: Marriage was done abroad and such officer is valid in that country
BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married men or women from
contracting a subsequent marriage when their consort is still alive.
Exception:
That mentioned in Article 41 regarding appearance of a spouse after a declaration of
presumptive death.
Those provided for under the Muslim code.
When the first marriage was actually void with a judicial declaration of nullity. Without
judicial declaration of nullity then 2nd marriage will be void under Article 40.
MISTAKE IN IDENTITY: An instance of fraud, which is a ground for the nullity of the marriage. Here
the contracting party absolutely did not intend to marry the other, as the same is not the person he
or she actually knew before the marriage.
Does not include: mistake in name, character of person, attributes, age, social standing,
religion, pedigree, pecuniary means, temperaments, acquirements, condition in life,
previous habit.
VOID UNDER ARTICLE 53: Marriages that have annulled or declared null and void must undertake
the liquidation, partition and distribution of their properties, delivery of presumptive legitimes, etc. to
be able to remarry.
Psychological incapacity to comply with the essential marital
P.I.
Insanity
obligation of marriage at the time of marriage, even if it
Cannot be
Can be cured
becomes manifest after the solemnization of the marriage.
cured
Not defined and thus left on a court-to-court basis. A
No consent
Consent can
person may actually be efficient in doing other
present since
be given
things such as his profession but with regards to his
he does not
during lucid
married life it can be different.
know the true
interval
Not just stubborn refusal but attributed to
meaning of
psychological causes (not necessarily insane)
marriage
Lacking in the exercise of the judgment not lack of
judgment
PROOF to show P.I.:
True inability to commit oneself to the essentials of
1. Observe of duties (living
marriage psychosexual disorders or other
together, etc.)
personality disorders
2. Procreation
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3.
4.
5.
6.
7.
8.
9.
Obligation of parents to
children.
Senseless and protracted
refusal to have
intercourse
Unreasonable attachment
to ones other family or
barkada
Transvestism
Indulgence of private
fantasy
Alcohol/substance abuse
Extreme immaturity
Article 68: husband and wife are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support. Article 69: Husband and wife shall fix the
domicile and in case of disagreement the court shall decide. Article 70: spouses are jointly responsible for the support of the family and the expenses for such support and other
conjugal obligations shall be paid from community property, income or fruits of separate property, or separate property. Article 71: management of household shall be right and duty of
both spouses.
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Simulates blood relations although legal fiction (bond created by law, against public policy)
COLLATERAL BLOOD RELATIVES: may cause the same reasons as Art. 37 but to a lesser
degree.
COLLATERAL HALF-BLOOD RELATIVES BY CONSANGUINITY: the law does not provide that
marriages between collateral blood relatives by the half-blood are prohibited.
Case Law: In Re: Simms Estate
Because of specification in brothers and sisters and no specification with uncles and
nieces, marriage between uncles and nieces are not prohibited
Unlike ruling in Audley where it deemed it was unnecessary
Marriage between uncles and nieces who are half-blood is valid due to the presumption in
favor of marriage.
RELATIONSHIP BY AFFINITY (made through marriage): The only marriages by affinity prohibited
in the Family Code are marriages between stepparents and stepchildren and parents-in-law and
children-in-law. (May destroy the peacefulness in family relations)
Stepbrother and stepsister can marry each other since not included in the
prohibition.
*In the event that the marriage is annulled or nullified or in the event that the marriage is terminated
by death affinity is terminated and thus those that were prohibited due to affinity can now marry
each other. Unless there are living issues (children) in whom the blood of the parties continue to
commingle.
ADOPTIVE RELATIONSHIP:
Who they cannot marry:
Adopter
Adopted
The adopted
The adopter
The surviving spouse of the adopted
The surviving spouse of adopter
(Envisions that the marriage was terminated
(Envisions that the marriage was terminated
due to death. But if the marriage was
due to death. But if the marriage was
terminated after the finality of a nullity or
terminated after the finality of a nullity or
annulment decree then they can get married)
annulment decree then they can get married)
Legitimate children of adopter
Other adopted children of the adopter
Who can they marry:
Adopter
Children of adopted
Natural parent
Other relatives
Spouse of adopted if alive and not married to
adopted
Adopted
Parents of adopter
Illegitimate child of the adopter
Other relatives
Spouse of adopter if alive and not married to
adopter
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INTENTIONAL KILLING OF SPOUSE: The guilty party must be animated by an intention to marry
the other person, if not then not considered against public policy.
Ex. A wanted to marry B. B was married to C. A kills C because C stole from A. Then A later on
marries B. Such a marriage is valid.
*No criminal conviction is necessary mere preponderance of evidence is required to prove the
killing.
Art. 39: The action or defense for the declaration of
absolute nullity of a marriage shall not prescribe
In relation to:
Art. 52: The judgment of annulment or of absolute nullity of
the marriage, the partition and distribution of the properties
of the spouses and the delivery of the children's
presumptive legitimes shall be recorded in the appropriate
civil registry and registries of property; otherwise, the same
shall not affect third persons.
Art. 53: Either of the former spouses may marry again after
compliance with the requirements of the immediately
preceding Article; otherwise, the subsequent marriage shall
be null and void.
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marriage.
VOIDABLE MARRIAGES: valid up to the point when they are annulled. These are the only grounds, which can be considered for annulment (exclusive).
Article
Annotation
Exception/ Filing:
Article 45: Must exist at the time of marriage
- The parents of the child can annul the marriage at
Party to file suit: Parent or guardian before the child
1. That the party in whose behalf it is sought to
any time prior to the time the child reaches the age
reaches 21 and the party who did not obtain consent
have the marriage annulled was eighteen years of
of 21.
within 5 years after reaching 21.
age or over but below twenty-one, and the marriage
was solemnized without the consent of the parents,
Ratification: Through cohabitation after reaching the
guardian or person having substitute parental
age of 21 years old.
authority over the party, in that order, unless after
attaining the age of twenty-one, such party freely
cohabited with the other and both lived together as
husband and wife
2. That either party was of unsound mind, unless
- Must be clear that illness is serious that cannot
* If the spouse knew that the spouse was insane
such party after coming to reason, freely cohabited
understand marriage contract at the time of the
prior to the celebration of the marriage she cannot
with the other as husband and wife
marriage.
annul the marriage.
Ratification: Through cohabitation by the person
with the unsound mind after he has come to reason
*Once ratified the marriage will be valid and no
longer annullable even if the insanity comes back.
3. That the consent of either party was obtained by
fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud, freely
cohabited with the other as husband and wife
Article 46: Fraud: existing at time of marriage
1. Non-disclosure of previous conviction by
final judgment of a crime involving moral
turpitude.
2. Concealment of the wife of the fact that
she was pregnant at the time of marriage
by another man.
3. Concealment of STD regardless of its
nature existing at the time of the marriage.
4. Concealment of drug addiction, habitual
alcoholism, or homosexuality or lesbianism
existing at the time of the marriage.
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NO RATIFICATION by cohabitation
Rule of triennial cohabitation: presumption of
impotence arises when wife remains a virgin after 3
years from the time of marriage.
6. That either party was afflicted with a sexuallytransmissible disease found to be serious and
appears to be incurable
Art. 48: In all cases of annulment or declaration of
absolute nullity of marriage, the Court shall order
the prosecuting attorney or fiscal assigned to it to
appear on behalf of the State to take steps to
prevent collusion between the parties and to take
No ratification by cohabitation
-
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29
LEGAL SEPARATION: Does not affect the marital status of the couple, merely a separation of bed and board. (Exclusive list)
Violence Against Women and Children (VAWC RA 9262): includes spouse, girlfriends, and even one-night stands (level of intimacy). Men can file on behalf of
children. Many articles of VAWC encompass legal separation and if this is so the required cooling off period is no longer necessary. Included as part of VAWC such
as corruption (#3) included as violence, even psychological violence (bigamy, sexual infidelity).
- The children included in VAWC are those under the care of the women even those of the respondents child from a previous marriage.
Article 55: Happens after marriage ceremony
Physical violence here is measured not by the
* Does not include a ground for legal separation
1. Repeated physical violence or grossly abusive
severity but by the frequency. However if it is not
when the respondent-spouse inflicts violence on
conduct directed against the petitioner, a common
repeated or is not physical violence it may be
his/her own child from a previous marriage but may
child, or a child of the petitioner
considered as grossly abusive conduct.
cause to suspend or terminate parental authority.
Art. 231 (1): Parental authority can be suspended
Grossly abusive conduct need not be repeated but
when the parent treats the child with excessive
more of a serious act: rely on proportionality and
harshness or cruelty
abusive conduct to what was committed.
Continued indifference or aversion to
spouse and persistent neglect of duties
incident to marital relation, etc.
Use of offensive and abusive language
with intent and fixed purpose of causing
unhappiness.
Other acts of corruption, which do not fall
under prostitution.
30
31
Art. 59: No legal separation may be decreed unless the Court has
taken steps toward the reconciliation of the spouses and is fully
satisfied, despite such efforts, that reconciliation is highly
improbable.
Art. 60: No decree of legal separation shall be based upon a
stipulation of facts or a confession of judgment.
In any case, the Court shall order the prosecuting attorney or
fiscal assigned to it to take steps to prevent collusion between the
parties and to take care that the evidence is not fabricated or
suppressed.
32
Art. 61: After the filing of the petition for legal separation, the
spouses shall be entitled to live separately from each other
The court, in the absence of a written agreement between the
spouses, shall designate either of them or a third person to
administer the absolute community or conjugal partnership
property. The administrator appointed by the court shall have the
same powers and duties as those of a guardian under the Rules
of Court.
Art. 62: During the pendency of the action for legal separation,
the provisions of Article 49 shall likewise apply to the support of
the spouses and the custody and support of the common children.
Art. 63: The decree of legal separation shall have the following
effects:
1. The spouses shall be entitled to live separately from each
other, but the marriage bonds shall not be severed;
2. The absolute community or the conjugal partnership shall be
dissolved and liquidated but the offending spouse shall have no
right to any share of the net profits earned by the absolute
community or the conjugal partnership, which shall be forfeited in
accordance with the provisions of Article 43(2);
3. The custody of the minor children shall be awarded to the
innocent spouse, subject to the provisions of Article 213 of this
Code; and
4. The offending spouse shall be disqualified from inheriting from
the innocent spouse by intestate succession. Moreover,
provisions in favor of the offending spouse made in the will of the
innocent spouse shall be revoked by operation of law.
Art. 64: After the finality of the decree of legal separation, the
innocent spouse may revoke the donations made by him or by her
in favor of the offending spouse, as well as the designation of the
latter as beneficiary in any insurance policy, even if such
designation be stipulated as irrevocable. The revocation of the
donations shall be recorded in the registries of property in the
places where the properties are located. Alienations, liens and
encumbrances registered in good faith before the recording of the
complaint for revocation in the registries of property shall be
respected. The revocation of or change in the designation of the
insurance beneficiary shall take effect upon written notification
thereof to the insured
The action to revoke the donation under this Article must be
brought within five years from the time the decree of legal
33
34
Art. 69: The husband and wife shall fix the family
domicile. In case of disagreement, the court shall
decide.
The court may exempt one spouse from living with
the other if the latter should live abroad or there are
other valid and compelling reasons for the
exemption. However, such exemption shall not
apply if the same is not compatible with the
solidarity of the family.
Art. 70: The spouses are jointly responsible for the
support of the family. The expenses for such
support and other conjugal obligations shall be paid
from the community property and, in the absence
thereof, from the income or fruits of their separate
properties. In case of insufficiency or absence of
said income or fruits, such obligations shall be
satisfied from the separate properties.
Art. 71: The management of the household shall be
the right and the duty of both spouses. The
expenses for such management shall be paid in
accordance with the provisions of Article 70.
Art. 72: When one of the spouses neglects his or
her duties to the conjugal union or commits acts
RAPE:
1. Committed by a man against a woman who shall
have carnal knowledge of her through force,
intimidation or threat; when she is deprived of
reason or consciousness, machinations or grave
abuse of authority.
2. Even if none of the circumstances are present if
woman is below 12 or demented.
3. Any person who inserts any foreign object into
genital or anal orifice (rape can be committed
against a man)
4. Any person who inserts penis into oral or anal
orifice.
The domicile of natural persons is the
place of their habitual residence, where
parties intend to have their permanent
residence.
In case of disagreement between the
husband and the wife the court shall
decide.
The spouse not living in the domicile must
prove the intent of husband is for solidarity
of family.
EXPENSES FOR SUPPORT AND OTHER
CONJUGAL OBLIGATIONS:
1. From the community property
2. In absence thereof income of fruits of the
separate properties
3. If insufficient or absent from the separate
properties themselves.
-
35
PROPERTY RELATIONS
Art. 74: The property relationship between husband
and wife shall be governed in the following order:
1. By marriage settlements executed before the
marriage;
2. By the provisions of this Code; and
3. By the local custom.
FORMS OF RELIEF:
1. Legal separation
2. Psychological incapacity
3. Petition for receivership judicial, separation
of property to become sole administrator of
property.
Based on presumption, despite objection
(before or after) it will still go to family.
VAWC: If husband prevents you from doing
a right then punishable by law.
The objection must be all valid, serious,
and on moral grounds at the same time.
If it is an isolated activitycontract
without consent of other spouse, the
conjugal spouse cant be liable
GENERAL RULE:
1. Obligations incurred before or after the
marriage but redounding to the benefit of
the family shall be charged to the conjugal
properties
2. Spouses job redounds to the benefit of the
family thus obligations can be satisfied
from the conjugal property.
3. If the benefit accrued prior to the objection,
the resulting obligation shall be enforced
against the separate property of the
spouse who has not obtained consent.
36
2.
37
38
DONATIONS
Art. 82: Donations by reason of marriage are those,
which are made before its celebration, in
consideration of the same, and in favor of one or both
of the future spouses.
Art. 83: These donations are governed by the rules
on ordinary donations established in Title III of Book
III of the Civil Code, insofar as they are not modified
by the following articles.
Art. 84: If the future spouses agree upon a regime
other than the absolute community of property, they
cannot donate to each other in their marriage
settlements more than one-fifth of their present
property. Any excess shall be considered void.
Procedure--Movable:
1. Accepted personally or representative
2. Made in lifetime of donor and donee
3. Can be orally given as long as with
simultaneous delivery or document
representing right of donated (if above
5000 then must be in writing)
Procedure--Immovable:
1.must be in public document
2. Acceptance made in that document or
separate
3. Must be made in lifetime of donor.
DONATIONS EXCLUDED:
1. Made in favor of the spouses
after the celebration of the
marriage
2. Executed in favor of the future
spouses but not in
consideration of marriage
3. Granted to persons other than
the spouses even though they
may be founded on the
marriage.
39
- But wont be liable for deficiency, and gets the excess if sold
for more than amount.
1. Marriage is not celebrated or is void ab initio
(including art. 52-53)
Prescription:
Marriage is void: 5 years from Judicial Declaration of
Nullity (if doesnt want to give it back, prescribe after
8 years for movable, 30 years for immovable)
Marriage not celebrated: 5 years from when it was
not celebrated
2. Marriage takes place without consent of parents
Prescription:
- 5 years from the time he had knowledge that consent was
not obtained, after the marriage.
3. Upon legal separation when donee is the guilty
spouse
Prescription:
- 5 years from finality of decree.
4. When there is a resolutory cause and the condition
has been complied with
Prescription:
5 years from the happening of the resolutory condition.
6. Acts of ingratitude:
- Donee commits an offense against the person or property of
the donor, his wife, or children
- Donee imputes to the donor any criminal offense involving
moral turpitude unless it is against the donee
- Donee unduly refuses to support donor when he is legally or
morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge of the fact of
ingratitude
What constitutes a moderate gift depends on the
financial capacity of the donor.
Under the last sentence of Art. 87it must be shown
that the donation was made at a time when they were
still living together as husband and wife without the
benefit of marriage.
Validity of donation or transfer cannot be challenged
by anyone unless those that will be affected by the
donation.
40
What included
All properties owned
before and after.
Art. 91: Unless
otherwise provided in
this Chapter or in the
marriage settlements,
the community
property shall consist
of all the property
owned by the
spouses at the time
of the celebration of
the marriage or
acquired thereafter.
Art. 93: Property
acquired during the
marriage is presumed
to belong to the
community, unless it
is proved that it is
one of those
excluded therefrom.
What excluded
Article 92:
1.provided in marriage
settlement
2. Personal and exclusive
use of either spouse (except
jewelry)
- However if exclusive
property is used to purchase
something else such
property becomes part of
ACP
1.Property acquired by
gratuitous title including the
fruits and income UNLESS
the guarantor expressly said
they will form part of ACP
- Must be a valid donation
(cant be donation made by
one spouse to another)
2.Property acquired by
either spouse who has
legitimate descendants
and the fruits of that property
*Winnings from gambling
(losses borne by looser)
Notes
Art. 89: No waiver of rights,
shares and effects of the
absolute community of
property during the marriage
can be made except in case of
judicial separation of property.
When the waiver takes place
upon a judicial separation of
property, or after the marriage
has been dissolved or
annulled, the same shall
appear in a public instrument
and shall be recorded as
provided in Article 77. The
creditors of the spouse who
made such waiver may
petition the court to rescind the
waiver to the extent of the
amount sufficient to cover the
amount of their credits.
* No waiver of rights, interests,
shares, and effects without
judicial separation or
dissolution or annulment of
marriage shall appear in a
public instrument (creditors
may rescind waiver up to
5.
child
To common adopted child who
has no other compulsory and
or legal heirs.
Charges
Article 94:
1. Support (spouses,
common & legitimate
children)
- Even beyond age of majority
2. Debts & obligations made
by both, administrator, or with
consent of other spouse
(even if did not redound)
3. D & O without consent but
redounded.
4. Expenses for community
property (taxes, liens,
charges)
5. Taxes & expenses for
preservation during marriage
of separate property used by
family
6. Expenses for selfimprovement or profession.
7. Antenuptial debts
redounding to family
8. Donation made by both
spouses for children to
pursue vocation or selfimprovement
9. For illegitimate children,
fines for crimes/quasi delict in
Liquidation process
Termination:
Art. 97: Either spouse
may dispose by will of
his or her interest in the
community property.
Art. 98: Neither spouse
may donate any
community property
without the consent of
the other. However,
either spouse may,
without the consent of
the other, make
moderate donations
from the community
property for charity or
on occasions of family
rejoicing or family
distress
Article 99:
1. Death
- Same proceeding as
settlement of estate.
Spouse shall liquidate
property if no judicial
settlement proceeding
within 1 year. After 1
41
case of insufficiency.
(Advances)
10. Expenses for litigation
* Solidary liability does not
include ante-nuptial debts not
redounding, support of
illegitimate, liabilities thru
crime/delict.
Art. 95: Whatever may be
lost during the marriage in
any game of chance, betting,
sweepstakes, or any other
kind of gambling, whether
permitted or prohibited by
law, shall be borne by the
loser and shall not be
charged to the community but
any winnings therefrom shall
form part of the community
property.
42
ACP
ACP
SEPARATION IN FACT:
Art. 100: The separation in fact between husband
and wife shall not affect the regime of absolute
community except that:
1.The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall not
have the right to be supported;
2.When the consent of one spouse to any transaction
of the other is required by law, judicial authorization
shall be obtained in a summary proceeding;
3. In the absence of sufficient community property,
the separate property of both spouses shall be
solidarily liable for the support of the family. The
spouse present shall, upon proper petition in a
summary proceeding, be given judicial authority to
administer or encumber any specific separate
property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter's share.
Art. 101: If a spouse without just cause abandons
the other or fails to comply with his or her obligations
to the family, the aggrieved spouse may petition the
court for receivership, for judicial separation of
property or for authority to be the sole administrator
of the absolute community, subject to such
precautionary conditions as the court may impose.
43
Conjugal
Partnership of
Gains:
Art. 105: In case the
future spouses agree
in the marriage
settlements that the
regime of conjugal
partnership gains
shall govern their
property relations
during marriage, the
provisions in this
Chapter shall be of
supplementary
application.
The provisions of this
Chapter shall also
apply to conjugal
partnerships of gains
already established
between spouses
before the effectivity
of this Code, without
prejudice to vested
rights already
acquired in
accordance with the
Civil Code or other
laws, as provided in
Article 256.
Presumption is that
Article 121:
1.support of spouse common
and legitimate children
2.D&O by admin, both or either
spouse with consent of other.
3.D&O without consent of other
but redounding.
4.expenses for conjugal prop
(taxes, liens)
5.taxes and expenses for
preservation of separate
property (no need for use)
6.expenses for spouse for
profession or self-improvement.
7.Antenuptial debts redounding
to family.
8.donation of both for children
for profession or selfimprovement.
9.expenses of litigation between
spouses
Not to be paid by cpg:
Article 122:
-Payment of personal debts
contracted by the husband or
wife before or during the
marriage unless they
redounded to the benefit of the
family.
However, fines and indemnities
imposed support of illegitimate
children can be paid by the
assets AFTER the payment of
obligations provided in Art. 121.
Termination:
Article 126:
1.Death
2.Legal Separation
3. Annulled or declared
void.
4.Judicial Separation
Article 127 and 128:
-Provisions on
separation in fact and
abandonment has the
same application as in
ACP article 100 and
101.
Procedure:
Article 129:
1.Inventory of separate
and conjugal prop
2.Payment of advances
3.Reimbursement to the
spouses.
4.D&O paid out by
CPG, insufficiency
solidarily liable.
5.exclusive prop
delivered
6.loss or deterioration of
movables paid from
CPG
7.Net remainder to be
divided (unless MS or
waiver)
8.Delivery of
44
CPG
treasure
5. Fishing and hunting
6. Excess livestock
(those brought in to the
marriage by one will
reimbursed
7. Acquired by chance
transfer the
administration of his or
her exclusive property to
the other by means of a
public instrument, which
shall be recorded in the
registry of property of the
place the property is
located.
partnership or by either or
both spouses shall be
reimbursed by the owner or
owners upon liquidation of
the partnership.
Property bought before but
title registered after
marriage: still considered
exclusive property even if
spouse is made co-owner in
title (considered a trust)
Separate property plus
conjugal funds to buy a
new property: new property
will be considered conjugal.
Property bought on
installment partly from
exclusive and partly from
conjugal: when title was
vested will govern, then
reimburse (Art. 119)
Principal payments and
interest paid to a spouse
during marriage: principal
amt is exclusive while interest
is conjugal.
presumptive legitimes
9.Conjugal dwelling
Article 130: in case of
death the liquidation
proceeding will be in the
same proceeding as the
settlement of the estate
of the deceased. (Same
application as in ACP
article 103)
Art. 133: From the
common mass of
property support shall
be given to the
surviving spouse and to
the children during the
liquidation of the
inventoried property
and until what belongs
to them is delivered; but
from this shall be
deducted that amount
received for support
which exceeds the fruits
or rents pertaining to
them.
45
CPG
CPG
CPG
46
Separation of
property
Art. 134: In the
absence of an
express declaration
in the marriage
settlements, the
separation of
property between
spouses during the
marriage shall not
take place except by
judicial order. Such
judicial separation of
property may either
be voluntary or for
sufficient cause.
(Can be stipulated in
MS which shall
govern and FC will
only be
Revival:
Article 141:
1.termination of civil
interdiction
2.Absentee reappears
3.court satisfied that
administration will not
be again abused
4.Resumption of
common life with other
spouse
5.parental authority
restored
6.reconciliation of those
separated in fact
7.For those who
voluntarily separated
property, agree to revive
former property regime
(but after that cant
separate property
anymore)
47
supplementary in
nature, in the
absence therein it
cannot take place
during the marriage
except by judicial
order)
-May refer to present
or future property or
both
-May be partial or
total
-Those not agreed as
separate will be ACP
Marriage without
unions (governs
void marriages)
- Art. 67 revival:
Agreement under oath
will state:
1.properties to be
contributed
2.those to be retained
as separate
3.names of known
creditors
Requisites:
1.Capacitated to marry each other
-Not capacitated: incestuous, against public policy, under 18,
bigamous marriage
2.live exclusively with each other as husband and wife
3.Without benefit of marriage or under a void marriage.
*Includes marriages of psychological incapacity, reappearance
of wife, non-liquidation of property, absence of formal requisites.
Structure:
1. Salaries and wages shall be owned by equal shares
2. Property acquired with exclusive funds is owned by
them exclusively
3. Property acquired through work or industry governed
by co-ownership
4. Property acquired while they live together will be
owned by them in equal shares. (Contribution can be
in the form of care and maintenance of family,
household)
5. Fruits of separate property not part of co-ownership
6. Conjugal home will be owned equally.
-Cant encumber or dispose of his/her share without consent of
the other or after cohabitation.
-Can alienate in favor of the other his or her share BUT cant
waive any interest in co-ownership
-Void marriage: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants
48
Marriage without
unions (governs
void marriages)
Requisites:
Cohabitation not falling under article 147.
Structure:
Parties are co-owners of property acquired during
cohabitation only upon proof that each of them made
an actual contribution.
1. Salaries and wages are separately owned; if either is
married the salaries go to that marriage.
2. Property acquired by the money of one, belongs to
that person exclusively
3. Only properties acquired by both of them through joint
contribution will be owned by them in common in
proportion to what they gave (money, property, or
industry but cant be mere care and maintenance of
family/household). (Presumption is that shares over
property owned is equal shares but can be rebutted
through proof showing otherwise.)
4. If one of the parties is validly married, that persons
share in the co-ownership will accrue to the marriage.
Bad faith: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants
3. Absence of descendants, innocent party
- If both are in bad faith they shall be considered as in good
faith and their shares shall go to them.
Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of insolvency
- Administration is joint by both spouses, husbands decision will prevail subject to recourse by the wife within 5 years from the contract implementing the decision.
Contract will be a continuing offer upon acceptance by other spouse or court order.
49
50
who are living in the family home and who depend upon the
head of the family for legal support
Art. 155: The family home shall be exempt from execution,
forced sale or attachment except:
1. For nonpayment of taxes;
2. For debts incurred prior to the constitution of the family
home;
3. For debts secured by mortgages on the premises before or
after such constitution; and
4. For debts due to laborers, mechanics, architects, builders,
material men and others who have rendered service or
furnished material for the construction of the building.
Art. 156: The family home must be part of the properties of
the absolute community or the conjugal partnership, or of the
exclusive properties of either spouse with the latter's consent.
It may also be constituted by an unmarried head of a family on
his or her own property.
Nevertheless, property that is the subject of a conditional sale
on installments where ownership is reserved by the vendor
only to guarantee payment of the purchase price may be
constituted as a family home.
Art. 157: The actual value of the family home shall not
exceed, at the time of its constitution, the amount of the three
hundred thousand pesos in urban areas, and two hundred
thousand pesos in rural areas, or such amounts as may
hereafter be fixed by law.
In any event, if the value of the currency changes after the
adoption of this Code, the value most favorable for the
constitution of a family home shall be the basis of evaluation.
For purposes of this Article, urban areas are deemed to
include chartered cities and municipalities whose annual
income at least equals that legally required for chartered cities.
All others are deemed to be rural areas.
Art. 158: The family home may be sold, alienated, donated,
assigned or encumbered by the owner or owners thereof with
the written consent of the person constituting the same, the
latter's spouse, and a majority of the beneficiaries of legal age.
In case of conflict, the court shall decide
Art. 159: The family home shall continue despite the death of
51
52
53
- The record of birth appearing in the civil registry should have the
husbands signature and such birth certificate signed by the
parents is adequate proof of paternity without need for further
54
final judgment; or
2. An admission of legitimate filiation in a public
document or a private handwritten instrument and signed
by the parent concerned.
In the absence of the foregoing evidence, the legitimate
filiation shall be proved by:
1. The open and continuous possession of the status of
a legitimate child; or
2. Any other means allowed by the Rules of Court and
special laws.
Art. 173: The action to claim legitimacy may be brought
by the child during his or her lifetime and shall be
transmitted to the heirs should the child die during
minority or in a state of insanity. In these cases, the heirs
shall have a period of five years within which to institute
the action.
court action.
- Admission in public or private handwritten document is a
complete act of recognition without need for court action
2.
3.
4.
5.
6.
Judicial admission
Family bible
Common reputation
Admission by silence
Testimony of witness
55
SUPPORT
56
1.
2.
3.
Spouses
Legitimate ascendant and descendants
Parents and their legitimate children and their
illegitimate/legitimate grandchildren
4. Parents and their illegitimate children and their
illegitimate/legitimate grandchildren
5. Legitimate brothers and sisters whether whole or half
blood
6. Brothers and sisters not legitimately related are also
obliged to support unless if he/she is of age and is
due to claimants fault or negligence no support.
- A child inside a womb is already considered born thus entitled
to all benefits that accrue to him/her provided that the child is
born after.
They are no longer bound when the child is above the
age of majority or due to the negligence.
57
58
Demanding support
59
PARENTAL AUTHORITY
Art. 209: Pursuant to the natural right and duty of
parents over the person and property of their
unemancipated children, parental authority and
responsibility shall include the caring for and rearing
them for civic consciousness and efficiency and the
development of their moral, mental and physical
character and well-being.
Art. 210: Parental authority and responsibility may not
be renounced or transferred except in the cases
authorized by law.
1.
60
61
62
63
64
65
66
Summary proceedings:
claims for damages by either spouse must be done in a separate action.
Preliminary conference: done by judge with the parties w/o counsel. But if the court deems it necessary, they can be assisted by counsel after.
Decisions become final and executory immediately (no more lapse of 15 days etc) however aggrieved party can still appeal to higher courts on the basis
of denial of due process.
Family courts:
shall establish family courts in every province and city. If the city is the capital of the province then in the municipality with the highest number of people.
Jurisdiction over:
1. criminal cases of those 9-18 years of age (but all cases concerning determination of age still with family courts)
67
Brothers and sisters or descendants oldest are preferred, ascendants paternal is preferred.
In keeping with the social position of the deceased, and in accordance to the expressed wishes of the deceased, in the absence religious beliefs, in case
of doubt shall be decided upon by the person making the arrangements after consultation with the family.
Human remains cant be disposed or exhumed without the consent of the persons in arrangement.
A person who allows disrespect to the dead will be liable to the family for moral and material damages.
Mausoleum or a tomb is part of funeral expenses, which shall be chargeable to the property regime if the spouse is making arrangements.
USE OF SURNAMES
Art. 364: Legitimate and legitimated children shall
principally use the surname of the father.
Art. 365: An adopted child shall bear the surname of
the adopter.
68
surname
Art. 369: Children conceived before the decree
annulling a voidable marriage shall principally use the
surname of the father.
Art. 370: A married woman may use:
1. Her maiden first name and surname and add her
husband's surname, or
2. Her maiden first name and her husband's surname or
3. Her husband's full name, but prefixing a word
indicating that she is his wife, such as "Mrs."
Art. 371: In case of annulment of marriage, and the
wife is the guilty party, she shall resume her maiden
name and surname. If she is the innocent spouse, she
may resume her maiden name and surname. However,
she may choose to continue employing her former
husband's surname, unless:
1. The court decrees otherwise, or
2. She or the former husband is married again to
another person.
In case of annulment:
1.
69
70
Termination of
administration
Presumption of death
through absence
Presumption of death in
dangerous situations
judicial authority.
71
72
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Socio-legal process of adopting a Filipino Child by a foreign national or Filipino Citizen residing abroad where petition for adoption is filed
Inter-country adoption board: act as central authority for all matters relating to inter-country adoption
Board shall ensure that adoption in family code has been exhausted and inter-country adoption is in the best interest of the child.
The board upon recommendation of the placement committee shall only approve matching of a child to a foreign adoptive family.
Functions of Board:
1. Rules and regulations
2. Guidelines for the convening of inter-country adoption placement committee
3. Guidelines for Matching/Collection
4. Fees and Charges to be executed
5. Form and Contents of application
6. Formulate policies etc to protect children
7. Prevent improper financial gain
8. Promote development of adoption service
9. Accredit/authorize foreign adoption agency
10. Ensure confidentiality of records
11. Prepare/Modify agreements
12. Assist other agencies
13. Others
Who may be adopted: Only a legally free child (voluntarily or involuntarily committed)
Who may adopt: Any alien or Filipino citizen residing abroad provided:
1. At least 27 years old and 16 years older then the adopted unless adopter is biological parent. If married, they must jointly file adoption.
2. Has capacity to act and assume rights and responsibilities of a parent under his national laws. Also has undergone counseling form an accredited
counselor in his/her country
3. Not been convicted of a crime involving moral turpitude
4. Eligible to adopt under his nationality laws
5. Able to give proper care and support
6. Agrees to uphold basic rights of child
7. Comes from a country that the Philippines has diplomatic ties with. (Philippine maintains authorized and accredited agency, adoption is allowed under his
or her laws)
To be filed with the RTC or the board through an agency.
Matching: Judicious pairing of the applicant and the child to promote a mentally satisfying parent-child relationship.
No matching arrangement between applicant and parents before the committees proposal unless it is relative or it is for the childs best interest.
Applicant must fetch child within 30 days after notice of issuance of visa.
Trial custody: 6 months with submission of progress reports before adoption decree becomes final.
If pre-adoptive relationship is unsatisfactory, it will be terminated and Board may choose from roster of applicants a qualified family, absence the foreign
agency may propose.
Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements with countries of the foreign adoption
agencies.
Illegal Adoption (presumed):
1. Consent for adoption acquired through or attended by force, coercion, etc.
2. No authority from board
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3.
4.
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RA 7610: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.
State shall intervene when person who is supposed to protect a child cannot or if those acts are being committed by the parent against the child.
Children 18 years or below or those above 18 but are unable to protect themselves from exploitation/discrimination due to physical or mental disability.
Child Abuse: habitual or non-habitual maltreatment
1. Psychological or physical abuse (neglect, cruelty emotional maltreatment, sexual abuse)
2. Acts by deeds or words, which degrades or demeans intrinsic worth or human dignity of child.
3. Unreasonable deprivation of basic needs
4. Failure to give immediate medical treatment when needed.
Circumstances, which gravely threaten or endanger survival and normal development:
1. Living in an area affected by armed conflict
2. Working under conditions hazardous to life, safety, morals
3. Living or fending for themselves without the care of anyone
4. Living in an area lacking basic services (indigenous cultural community, extreme poverty, underdeveloped area)
5. Victim of calamity
6. Analogous situations.
Child prostitution and other sexual acts/abuse: For any consideration or through coercion or influence indulge in sexual acts.
Attempt to commit: Any person who is in a secluded area with a child and such person is not a relative.
Child trafficking: trading, dealing, buying, and selling of children
Attempt to commit: Child travels alone to foreign country without reason or clearance form DSWS, pregnant women consents to adoption
for a consideration, establishment which recruits women to bear children. Person engaged in finding children from low-income families.
Obscene publications and indecent shows: perform obscene exhibitions in shows, video or model and sells/distributes this.
Other acts of abuse: use coercion, force or intimidation to make a child beg, traffic drugs, or conduct other illegal activities
Establishments where these acts are done will be closed and their license to operate will be canceled.
Working Children: below 15 years of age can work provided:
1. Work permit from DOLE
2. Employer shall ensure protection, health, safety, morals
3. Prevent exploitation or discrimination
4. Continuous training of child
Cant employ child in commercials for alcohol, tobacco, violence
Children of Indigenous Cultural Communities:
Institute an alternative education for children which is culture specific and relevant to their needs
Delivery of basic social services.
Situations of Armed Conflict:
Policy of state to resolve such for best interest of children
1. Shall not be object of attack; entitled to special respect
2. Not recruited in army
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5.
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Article 87
Illegitimate
Children born in a valid marriage but is impugned by the father
Children conceived or born in a void marriage
Cannot be legitimated: when from an adulterous relationship
or bigamous marriage.
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3.
4.
b.
Accused of a crime
Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer within a
month unless authorities have already taken action. (not applicable wherein law there is no obligation to make an accusation.
5. Person convicted or adultery or concubinage with the spouse of the testator
6. Cause testator to make or change will
7. By same means, prevents one from making will, revoking will, or concealing will
8. Falsifies or forges will of decedent
Incapable of succeeding
i. Art. 1027: the following are incapable of succeeding
1. Priest etc who hear confession of testator during his last illness or minister who extended spiritual aid to him
2. Relatives of 1 within the fourth degree, the church or institution to which such minister may belong
3. Those made to a guardian by his ward before the final accounts have been approved unless guardian is ascendant,
descendant, brother or sister or spouse
4. Any attesting witness to the execution of a will, the spouse, parents or children or an one claiming under such witness, spouse,
parents or children.
5. Physician, surgeon, nurse, etc who took care of testator during last illness
6. Individuals, associations, corporations not permitted by law to inherit.
Civil status
Future support
Future legitimes
Abandonment: he or she has left the conjugal dwelling without intention of returning. A spouse who has left the conjugal dwelling for a period of 3 months or has
failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal
dwelling. (physical, financial and moral desertion)
spouse can seek for receivership, judicial separation of property, and sole administration
abandonment for more than one year can lead to legal separation
Deadlines:
Article
Article 30
Contents
Marriage certificate with affidavit for marriages in articulo
mortis or remote residence
Deadlines/prescriptions
Within 30 days after the performance of the marriage
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Article 38
Article 47
*If ratified then can no longer be
annulled.
Article 47
Article 47
Article 47
Article 47
Article 47
Article 50-51
Article 57
Article 58
Article 61
Article 61
Article 64
Article 182
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