Professional Documents
Culture Documents
Military commander of a unit has the authority to solemnize Can be attacked collaterally Can be assailed only in a direct
marriage if the following conditions and/or requisites are present proceeding for that purpose and
1. Must be a commissioned officer, or an officer in the armed not collaterally
forces holding rank by virtue of a commission from the Can be question even after the Can be assailed only during the
President death of either party lifetime of the parties
2. The assigned chaplain to his unit must be absent
3. Must be in articulo mortis
4. Must be solemnized within the zone of military operations Only parties to a voidable marriage can assail it but any proper
- Contracting parties may either be members of the armed forces interested party may attack a void marriage
or civilians
Children conceived before a voidable marriage is annulled are
legitimate
ART. 33 - ART. 34
Rationale behind Art. 34 Petition for Declaration of Absolute Nullity of void marriage may
- To avoid exposing the parties to humiliation, shame and be filed solely by the husband or the wife
embarrassment concomitant with the scandalous cohabitation of - But a void marriage is still subject to a collateral attack
persons outside a valid marriage due to the publication of every - For purposes other than remarriage, such as but not limited to
applicants name for a marriage license determination or heirship, legitimacy or illegitimacy of a child,
- The following requisites must concur settlement of estate, dissolution of property regime, the court
1. The man and woman must have been living together as may pass upon the validity of marriage even in a suit not
husband and wife for at least five years before the directly instituted to question the same so long as it is essential
marriage to the determination of the case
2. Parties must have no legal impediment to marry each
other Marriages VOID from the beginning
3. Fact of absence of legal impediment must be present at - Arts. 35, 36, 37, 38, 44
the time of marriage - Also, absence of any of the essential or formal requisites
4. Parties must execute an affidavit stating that they have renders the marriages void ab initio
lived together for at least 5 years - Marriages between persons of the same sex if celebrated in the
5. Solemnizing officer must execute a sworn statement Ph
- Marriages where consent is totally lacking
that he had ascertained the qualifications of the parties
that he had found no legal impediment to their marriage
4!
Abesamis, Austinne Joyce D.
Family C ode of the P hilippines (Rabuya)
- Common-law marriages and marriages by proxy - Incapacity must be grave or serious that the party
- Marriages where exchange of vows was not done personally by would be incapable of carrying out the ordinary duties
the contracting parties in the presence of the solemnizing officer required in marriage
- Grave enough to bring about the disability of the
party to assume essential obligations of marriage
ART. 35 - Illness must be shown as downright incapacity or
Marriage contracted by any party below 18 years of age inability, NOT a refusal, neglect or difficulty, much
- Absence of legal capacity less ill will
- There is natal or supervening disabling factor in the
Solemnized by any person not authorized to perform marriages person, an adverse integral element in the personality
- Rule is not absolute structure that effectively incapacitates the person from
- Even if solemnizing officer has no legal authority as long as really appreciating and thereby complying with the
either or both contracting parties believed in good faith that he obligations essential to marriage
had the legal authority to do so, marriage is still valid, not only
with respect to the parties to such marriage but also with respect 2. Juridical Antecedence
to third persons and the State - Must be rooted in the history of the party antedating
- If contracting parties will go before a person not specifically the marriage, although overt manifestations may
mentioned by law as having authority to solemnize marriages, emerge only after the marriage
the exception does not apply - Manifestation of the illness need not be perceived at
- If they go before a person enumerated in Art. 7 but who is not the time of their I Dos, but the illness itself must
authorized to perform marriages for failing to comply with the have attached at such moment, or prior thereto
requirements laid down by law, marriage will still be valid if
either or both parties relied in good faith in his apparent 3. Incurable
authority - It must be incurable or, even if it were otherwise, the
cure would be beyond the means of the party involved
Lack of marriage license - Medically or clinically permanent or incurable
- Marriage license obtained after the celebration of marriage does - Incurability may be absolute or even relative only in
not cure its invalidity regards to the other spouse, not necessarily absolutely
against everyone of the same sex
Bigamous and Polygamous Marriages - Must be relevant to the assumption of marriage
- A second or subsequent marriage is void ab initio for being obligations, not necessarily to those not related to
bigamous, even if the other party had acted in good faith and marriage
was not aware of the existence of the previous marriage at the
time of the celebration of the subsequent marriage Rule on Declaration of Absolute Nullity of Marriages and
- Not absolute because a subsequent bigamous marriage may be Annulment of Voidable Marriages
considered valid if all the requisites under Art. 41 are present - AM No 02-11-10-SC which took effect on March 15, 2003
1. Burden of proof to show the nullity of the marriage belongs to the
Mistake in Identity plaintiff
- Mistake in identity must be with reference to the actual physical - Any doubt should be resolved in favor of the existence and
identity of the other party, not merely a mistake in the name, continuation of the marriage and against its dissolution and
personal qualifications, character, social standing, etc. nullity
- There is absence of real consent 2. A petition under Art. 36 shall specifically allege the complete
facts showing that either or both parties were PI from complying
Non-compliance with procedure under Art. 52 with the essential marital obligations of marriages at the time of
- Only after complying with the requirements may either of the the celebration of marriage even if incapacity becomes manifest
spouses be allowed to remarry only after its celebration
- Expert opinion need not be alleged
3. Incapacity must be proven to be existing at the time of the
ART. 36 marriage
No precise definition of Psychological Incapacity as to allow some or
resiliency in its application 4. Incapacity must be shown to be medically or clinically permanent -
incurable
Whether or not psychological incapacity exists depends crucially on Declaration by a physician or psychologist is not a
the facts of the case requirement
- If the totality of the evidence presented is enough to sustain
Psychological incapacity should refer to no less than mental (not a finding of psychological incapacity, then actual medical
physical) incapacity that causes a party to be truly incognitive of the examination of the person concerned need not be resorted to
basic marital covenants that concomitantly must be assumed and 5. Illness must be grave enough to bring about the disability of the
discharged by the parties to the marriage which include their mutual party to assume essential obligations of marriage
obligations to live together, observe love, respect and fidelity and 6. Essential marital obligations must be those embraced by Arts. 68-
render help and support 71 as regards husband and wife as well as Arts. 220, 221 and 225
in regard to parents and their children
Psychologic condition must EXIST at the time the marriage is 7. Interpretations given by the National Appellate Matrimonial
celebrated Tribunal of the Catholic Church in the Ph, while not controlling
or decisive, should be given respect in out courts
Characteristics of Psychological Incapacity
- SANTOS v. CA In proving PI, there is no distinction between an alien spouse and a
1. Gravity Filipino spouse to that of Filipino spouses
EXCPN: Subsequent bigamous marriage may be exceptionally - If the donee contracted the marriage in bad faith, such donations
considered valid if the following conditions concur: are revoked by operation of law
1. Prior spouse of the contracting party must have been absent - If both spouses are in bad faith, in which case the subsequent
for 4 consecutive years, or 2 years where there is danger of marriage is void, all donations by reason of marriage are
death likewise revoked by operation of law
2. Spouse present has a well-founded belief that the absent In the subsequent marriage referred to in Art. 41, if one of the
spouse is already dead
spouses acted in bad faith in contracting the marriage and he/she
3. A judicial declaration of presumptive death of the absentee
had been designated as the beneficiary in any insurance policy of
for which purpose the spouse present can institute a
the innocent spouse, the latter has the right to revoke such
summary proceeding in court
designation even if the designation is irrevocable
There must be a judicial declaration of presumptive death;
If the subsequent marriage is contracted in the absence of a judicial
otherwise, the subsequent marriage is void ab initio
declaration of presumptive death of the absentee spouse, subsequent
Requisites for Declaration of Presumptive Death marriage is void for being a bigamous marriage
- RP v. NOLASCO
1. Absent spouse has been missing for 4 consecutive The law requires that the good faith should last up to the time of the
years, or 2 consecutive years if disappearance occurred celebration of the subsequent marriage
where there is danger of death
2. Present spouse wishes to remarry If both parties in subsequent marriage have acted in bad faith, their
3. Present spouse has a well-founded belief that the marriage is considered bigamous and they shall be liable for the
absentee spouse is dead crime of bigamy notwithstanding the existence of the judicial
4. Present spouse files a summary proceeding for the declaration of presumptive death
declaration of presumptive death of absentee
The existence of such declaration does not immunize the parties
Effects of judicial declaration of presumptive death from liability for bigamy
- Absentee shall be presumed dead, but only for the purpose of
allowing the present spouse to contract a subsequent marriage
- Present spouse will then be capacitated to contract a subsequent ART. 45 - ART. 47
marriage A marriage that is annulled presupposes that it subsists but later
- It is without prejudice to the effect of his reappearance ceases to have legal effects when it is terminated through a court
- Once reappearance is established, the presumption of death is
rendered ineffective action
- FC is not clear on the effects of the declaration upon the
property regime of the previous marriage Characteristics of Voidable marriage
1. Valid until otherwise declared by the court
Effects of recording of affidavit of reappearance 2. Defect must exist at the time of the celebration of marriage
- The mere reappearance of the absentee spouse DOES NOT 3. Cannot be assailed collaterally except in a direct proceeding
terminate the subsequent marriage 4. Can be assailed only during the lifetime of the parties and
- It is the RECORDING of the affidavit of reappearance of the not after death of either
absentee spouse which results in the automatic termination of 5. Only parties to a voidable marriage can assail it
the subsequent marriage 6. Action for annulment is subject to prescription
- Since the termination of the subsequent marriage is automatic 7. Defect is generally subject to ratification except for grounds
and without need of judicial intervention, the second spouse, mentioned in Art. 45 (5) and (6)
barring the existence of other impediments, may immediately
contract another marriage sine the requirements in Art. 52 do The law deems to be insufficient the consent given by a party who is
not apply in case of extrajudicial termination of the subsequent at least 18 years old but below 21
marriage under Art. 41 - Consent is defective
The affidavit or reappearance may be executed and filed by any Ratification cleanses the contract from all its defects from the
interested person and not only by the reappearing spouse moment it was constituted
The prohibition of hearing during the cooling off period is not an Of the mutual obligations between the spouses, it is only the
absolute bar to the hearing of a motion for preliminary injunction obligation of MUTUAL SUPPORT between the spouses which can
- The requirement of 6 month cooling off period shall not apply be enforced through legal action
in cases of LS where violence is alleged
ART. 69
ART. 60 In the event that one spouse refuses to live with the other in the
The prohibition is predicated on the fact that the institutions of family dwelling, as fixed either by the spouses or by the court, the
marriage and family are sacred and therefore are as much the court is powerless to enforce the provisions of Art. 69, even if such
concern of the State as the spouses refusal is not justifiable
The spouse who refuses to live with the other without just cause is
ART. 61 - ART. 62 not entitled to a separate maintenance or support
During the pendency of the action for LS, the court, motu propio or
upon application under oath of any of the parties, guardian or
designated custodian, may issue provisional orders and protection ART. 70 - ART. 71
orders with or without hearing For an article to constitute a family expense, it is essential that it be
not only purchased for, but also that it be used, or kept for use, in or
by the family, or be benefited thereto
ART. 63 - ART. 64 - An expense for the family is one which is incurred for an item
The wife, even after the legal separation has been decreed, shall which contributes to the familys welfare generally and tends to
continue using her name and surname employed before the legal maintain its integrity
separation
- Her married status is unaffected by the separation, there being
no severance of the vinculum ART. 72
Relief available to spouses
a) When spouse leave the conjugal dwelling
ART. 65 - ART. 67 - Art. 198
If, after the issuance of the decree of LS, the parties simply reconcile - If one spouse had left without the intention of returning,
and resume their marital relations previous to the decree but without the aggrieved spouse may petition the court for
obtaining a decree of reconciliation from the same court which receivership, for judicial separation of property or for
issued the decree of LS, their de facto reconciliation does not have authority to be sole administrator
the effect of setting aside the decree of LS b) When spouse commits acts of sexual infidelity
- When a philandering husband squanders the properties of
the CP or AC to satisfy his vices, the aggrieved spouse
The FC speaks only of revival of the former property regime of may petition the court for injunction to stop his further
the spouses in case of reconciliation and not an adoption of an disposition of property aside from seeking sole
altogether different property regime administration of the property
- At any rate, they mare not adopt either ACP or CPG as their
new property regime since these property regimes can only
c) When spouse sells the conjugal or community property
commence at the precise moment that the marriage is celebrated without the others consent
and any stipulation, express or implied, for the commencement - Aggrieved spouse may seek an injunction to stop further
of these regimes at any other time shall be void disposition of property without the others consent
d) When husband commits violation of VAWC
- Wife may obtain protection orders either from the
TITLE III barangay or from the courts
The courts cannot force one of the spouses to cohabit with the other,
the law, however, provides for other remedies and sanctions
ART. 76 - ART. 79
MARRIAGE SETTLEMENT or ante nuptial contract is a contract The rule that the non-happening of marriage shall render any
which is entered into before, but in contemplation and in stipulation in the MS void does not apply to any provision therein
consideration of marriage, whereby the property relations of the that does not depend upon the celebration of marriage for its validity
spouses during marriage are fixed and determined
If regime agreed upon in MS is ACP law does not impose any - It is submitted that 1-year prescriptive period for revocation of
limitations as to the extent of what may be donated by one of the donations based on acts of ingratitude applies
future spouses in favor of the other
- Because in ACP, spouses are considered co-owners of all the For other grounds which are not controlled by a particular
property owned by them at the time of the celebration of prescriptive period, resort to ordinary rules of prescription may be
marriage or acquired thereafter, unless otherwise provided in FC had
or in MS
ART. 86 There is only one instance when waiver during the marriage may be
considered valid, and that is, it the waiver is made in case of judicial
If marriage is not celebrated, the DPN is not rendered ineffective or
void, except a donation made in the MS itself separation of property
DPNs in MS are void if marriage does not take place Valid waiver may take place after the marriage has been dissolved or
annulled
If marriage is judicially declared void ab initio DPN remains valid
but such fact gives rise to a ground for the revocation of said Section 2. What Constitutes Community Property
donation
ART. 91 - ART. 93
If marriage is judicially declared void ab initio under Art. 40 DPN Future spouses may execute a MS prior to marriage and adopt ACP
is REVOKED BY OPERATION OF LAW if the donee contracted as their property regime; they may agree to exclude whatever
the marriage in bad faith or if both spouses of the subsequent properties they may have at the time of the celebration of marriage
marriage contracted the marriage in bad faith and include therein only the properties that they may acquire during
- Art. 50 makes applicable Art. 43(3) and 44 to marriages which marriage
are declared void ab initio under Art. 40 - Exclusion of fruits and income from such properties depends
upon the agreement of spouses in MS
Art. 86 is incompatible and inconsistent with Art. 50, in relation to They may exclude the fruits and income in their MS
Art. 43(3) and 44 In the absence of such agreement, fruits and income
are to be considered part of the community property
To give rise to a ground for revocation, the rule is that a voidable
marriage must first be annulled In ACP, the presumption in favor of community must relate to all
- EXCPN: If marriage is voidable by reason of absence of parental properties of the spouses and not only to the properties acquired
consent, there is no more need for a judgment annulling the during the marriage
marriage for the donation to be revocable because such fact - In CPG, the properties of each spouse at the time of celebration
already gives rise to a cause for revocation of donation of marriage are not included in the conjugal property, unless
contrary is provided in MS
Since FC does not expressly provide for prescriptive period of The presumption of conjugality attaches only to
actions to revoke DPN, rules on ordinary donations shall apply property acquired DURING marriage
12!
ART. 102
NET ASSETS is what remains of the community property after
payment of all the charges and obligations for which the community
is liable
Reimbursement may be made even prior to liquidation of property The right of H/W to one-half of the conjugal assets does not vets
until the dissolution and liquidation of CP, or after dissolution of
marriage, when it is finally determined that, after settlement of
Section 4. Charges Upon and Obligations of the Conjugal conjugal obligations, there are net assets left which can be divided
Partnership between the spouses or their respective heirs
- Any disposition of the spouses respective shares or interest in
ART. 121 - ART. 123 the CP shall be void since no one can give what he has not
For solidary liability of either spouse to attach, it is incumbent upon - However, the spouses are not prohibited from disposing by will
the creditor to prove that the assets of the partnership are not of his or her interest in the CP
sufficient to pay for its obligations
An obligation entered into by H and W is chargeable against their CP Section 6. Dissolution of Conjugal Partnership Regime
and it is the partnership which is primarily bound for its repayment
- When spouses are sued for enforcement of an obligation entered ART. 126 - ART. 128
into by them, they are being impleaded in their capacity as Same as ACP
representatives of the conjugal partnership and not as
independent debtors
Section 7. Liquidation of the Conjugal Partnership Assets and
If the debt is contracted by administrator-spouse or by one spouse Liabilities
without the consent of the other or if prior debt is contracted prior to
marriage, the conjugal partnership shall be liable only if it can be ART. 129 - ART. 133
proven that the debt redounded to the benefit of the CP or the family Similar to ACP
- If the husband himself is the principal obligor in the contract,
that contract falls within the term obligations for the benefit
of the conjugal partnership
Here, no actual benefit may be proved
It is enough that the benefit to the family is apparent at
the time of the signing of the contract
When the husband contracts obligations on behalf of the
family business, the law presumes that such obligation
will redound to the benefit of the CP
- If the money or services are given to another person or entity,
and the husband acted only as a surety or guarantor, that contract
cannot alone be categorized as falling within the context of
obligations for the benefit of the conjugal partnership
ART. 134
Separation of property, when it may take place ART. 141
1. When future spouses have agreed in the MS that their Procedure for revival of previous property regime in case of judicial
property relations during marriage shall be governed by separation of property is the same as that provided under Art. 67
regime of SP
2. When previous marriage had been terminated by death of one
of the spouses and the surviving spouse contracts a ART. 142
subsequent marriage without subjecting AC or CP in the Administration of exclusive property of either spouse may be
previous marriage to liquidation within a period of one year transferred to the other spouse either by agreement or by order of the
from death of the spouse court
3. Upon finality of a decree of legal separation, the AC or CP - FC allows such transfer by means of public instrument, which
shall be dissolved and liquidated and, thereafter, the spouses shall be recorded in the registry of property of the place where
shall be governed by a regime of complete separation of the property is situated
property
If transfer is by virtue of court order, the same can only be based on
4. When court approves the joint petition of the spouses for the
voluntary dissolution of the AC or CP the grounds provided for in Art. 142
5. When the court decrees legal separation of property of
The alienation of exclusive property of a spouse administered by the
spouses following the petition of one of the spouses for such
other results in the automatic termination of the administration over
separation under the ground enumerated in Art. 135
such property and the proceeds of the alienation shall be turned over
Mere separation de facto does not affect the AC or CP to the owner-spouse
ART. 136
Spouses may agree to voluntarily dissolve the AC or CP, but it will
not produce any effect if the same is not approved by the courts
ART. 148
Art. 148 applies
1. Bigamous marriages
2. Adulterous relationships
3. Relationships in a state of concubinage
4. Relationships where both man and woman are married to
other persons
5. Multiple alliances of the same married man
6. Common-law spouses who suffer from a legal impediment to
marry or when they do not live exclusively with each other as
H/W
7. Void marriages by reason of public policy
8. Incestuous marriages
It appears that the intent of the law is to exempt the family home
from execution, forced sale or attachment only to the extent of the
value provided for in Art. 157
Children conceived or born in a voidable marriage are likewise Art. 167 covers a situation where the wife denies the husbands
considered legitimate since a voidable marriage is valid until paternity of a child conceived or born during their marriage
annulled - It does not contemplated a situation where a child is alleged not
- Art. 54 FC to be the child of nature or biological child of a certain couple
The following children of void marriages are also considered Grounds to Impugn Childs Legitimacy
LEGITIMATE 1. Physical impossibility to have sexual intercourse
1. Children of marriages which are declared void under Art. 36 - In order to overthrow the presumption of legitimacy, it
(psychological incapacity) must be shown beyond reasonable doubt that there was no
2. Children of marriages which are declared void under Art. 53 access as could have enabled the husband to be the father
of the child
If the parents of children born outside of wedlock were, at the time Where sexual intercourse is presumed or proved,
of the childs conception and birth, not legally barred from marrying the husband must be taken to be the father of the
each other and subsequently do so, the childs filiation improves as child
he becomes legitimized
- Art. 177 FC A. Physical Incapacity
IMPOTENCE which imports a total want of power
Child conceived as a result of AI is considered legitimate child of of copulation and, as a necessary incident thereto,
both husband and wife, even if the donor of the sperm used in the the inability to procreate
insemination is not the husbands While sterility itself is not a sufficient ground to
- So long as the requirements of Art. 164 are met, the law deems overthrow the presumption of legitimacy, the
the child to be filiated, by nature, to the H/W sterile husband may still successfully impugn the
- If the H/W indeed authorized or ratified the insemination using childs legitimacy by resorting to biological or
the sperm other than that of the husband, the husband may not other scientific reasons
impugn the childs legitimacy by claiming that he could not have B. Living Separately
been the father due to biological or other scientific reasons
Separation between the spouses must be such as to
The law does not recognize as valid the use of a surrogate mother, make sexual access impossible
even if the sperm is that of the husband They reside in different countries or provinces, and
- Contrary to law, morals and public policy they have never been together during the period of
conception
The husband may be in prison during the period of
ART. 166 - ART. 167 conception, unless it appears that sexual union took
The presumption is grounded in policy to protect innocent offspring place through corrupt violation of or allowed by
from the odium of illegitimacy prison regulations
C. Serious Illness of Husband
The presumption of legitimacy of the child is not conclusive and
may be overthrown by evidence to the contrary Illness of the husband must be of such a nature
as to exclude the possibility of his having sexual
GR: Impugning the legitimacy of the child is a strictly personal right intercourse with his wife
of the HUSBAND for the simple reason that he is the one directly Illness which produced temporary or permanent
confronted with the scandal and ridicule which the infidelity of the impotence
wife produces 2. Biological or other scientific reasons
- EXCPN: ART. 171; the HEIRS may be allowed to impugn the
childs legitimacy in the following instances: - In issues relating to paternity and filiation, our courts are
1. If the husband should die before the expiration of the mandated to apply the results of science in proper cases,
period fixed for bringing his action since it is one of the remedies made available to a
2. If the husband should die after filing the complaint husband in impugning the legitimacy of a child
without having desisted therefrom
-
Blood grouping tests are conclusive on non-paternity,
3. If the child was born after the death of the husband although inconclusive on paternity
- Outside of these cases, none even the husbands heirs can -
DNA analysis that excludes putative father from paternity
impugn legitimacy
should be conclusive proof of non-paternity
Abesamis, Austinne Joyce D. !20
Family C ode of the P hilippines (Rabuya)
- Even if it was the wife whose written authorization or when there is no showing that the putative father had a hand in
ratification was obtained through mistake, fraud, violence, the preparation of the said certificates
intimidation, or undue influence, she has no right to - If the father did not intervene in the birth certificate, the
impugn the legitimacy of the child inscription of his name by the mother or doctor or registrar is
- When the sperm used in AI is that of the husband, he null and void
should not be allowed to impugn the childs legitimacy - The mere certificate by the registrar without the signature of the
even if his written authorization or ratification was father is not proof of voluntary acknowledgment on the latters
obtained through mistake, fraud, violence, intimidation or part
undue influence - It is not indispensable that the birth certificate be signed by the
putative father; what is important is that the putative father had a
hand in the preparation of the birth certificate
ART. 168 - Its evidentiary worth cannot be sustained where there exists
The article applies only in the absence of proof to the contrary strong, complete and conclusive proof of its falsity or nullity
- It mere establishes presumptions as to which marriage the child
belongs and does not provide for presumptions of legitimacy of Baptismal certificate, a private document, which, being hearsay, is
the child concerned not conclusive proof of filiation
- No longer public writings, nor kept by duly authorized public
officials
ART. 169 - Does not attest to the truth of the statements therein as to the
parentage of the child baptized; it only attests to the fact of the
It applies to a situation where a marriage has been terminated and administration of the sacrament
the woman gave birth to a child after 300 days following the
termination of the marriage Admission of legitimate filiation must be made personally by the
parent himself or herself
The child born under this situation is neither presumed to be - Any admission or recognition made by any brother, sister or
legitimate nor legitimate relative of the putative father is ineffective
- Filiation may likewise be established by holographic as well as
notarial wills, except that they no longer need to be probated or
ART. 170 - ART. 171 to be strictly in conformity with the formalities thereof for the
The issue of legitimacy cannot be attacked collaterally purposes of establishing filiation
- The legitimacy of the child can be impugned only in a direct
action brought for that purpose, by the proper parties, and within Open and continuous possession of the status of legitimate child is
the period limited by law meant the enjoyment by the child of the position and privileges
- The legitimacy of the child cannot be contested by way of usually attached to the status of a legitimate child
defense or as a collateral issue in another action for a different - To prove open and continuous possession of the status of an
purpose illegitimate child, there must be evidence of the manifestation of
the permanent intention of the supposed father to consider the
Upon expirations of the periods provided in Art. 170, the action to child as his
impugn legitimacy of a child can no longer be brought The acts must be of such nature that they reveal not only
- The status conferred by the presumption becomes fixed and can the conviction of paternity, but also the apparent desire
no longer be questioned to have and treat the child as such in all relations in
society and in life, not accidentally, but continuously
- Continuous means uninterrupted and consistent, but does not
Chapter 2 require any particular length of time
Proof of Filiation
Family portrait offered in evidence is not sufficient proof of filiation
ART. 172 - ART. 174
An action to establish illegitimate filiation may be brought by the
child within the same period specified in Art.173, except when the
action is based on par. 2 of Art. 172, in which case the action must
Chapter 3 be brought during the lifetime of the alleged parent
Illegitimate Children
If the action to establish illegitimate filiation is based on the
ART. 175 - ART. 176 following: (1) record of birth appearing in civil register or final
Paternity or filiation, or the lack of it, is a relationship that must be judgment; or (2) admission of paternity in a public document or a
judicially established and it is for the court to declare its existence or private handwritten instrument and signed by the parent concerned
absence the same may be brought BY THE CHILD AT ANY TIME
- It cannot be left to the will or agreement of the parties DURING HIS/HER LIFETIME
No compromise upon the civil status of persons shall be valid If action is based on (1) open and continuous possession of status of
illegitimate child; or (2) any other means allowed by ROC and
A birth certificate, being a public document, offers prima facie special laws the same must be brought DURING THE
evidence of filiation and high degree of proof is needed to overthrow LIFETIME OF THE ALLEGED PARENT
the presumption of truth contained in such public document
- For a birth certificate to be considered competent evidence of Illegitimate children shall principally use the surname of their
paternity, it is necessary that the putative father must have a mother
participation in its preparation
- They may be allowed to use the surname of their father only in
- A certificate of live birth purportedly identifying the putative the following instances:
father is not competent evidence as to the issue of paternity,
Chapter 4
Legitimated Children
If, at the time of the childs conception, the parents are disqualified
by any impediment to marry each other, the child is not legitimated
by the subsequent marriage of the parents
- The remedy available to raise the child into the status of
legitimacy is that of adoption
What if the child is conceived and born inside a void marriage but
the parents are not disqualified by any impediment to marry each
other, i.e., in a marriage void by reason of absence of marriage
license, may the child be legitimated by the subsequent re-marriage
of the parents, now with a valid marriage license?
- Yes. What is essential is that the child must be conceived at the
time the parents are not disqualified by any impediment to marry
each other
If the impediment exists at the time of the conception of the child, the
child may not be legitimated
What if the impediment did not exist at the time of the conception
but present when the child was born, can he be legitimated? i.e., at
the time of conception, the parents were not married but not
suffering from any impediment to marry; but prior to childs birth,
his father marries another; marriage is later on terminated and his
father subsequently marries his mother, may the child be
legitimated?
- Yes
Legitimation does not require any additional act on the part of either
of the child or parents except that of the valid marriage of the childs
parents
- Child is automatically raised to the status of legitimacy which
retroacts to the time of the childs birth
TITLE VII
GR: Mandatory for both spouses to JOINTLY ADOPT
ADOPTION - EXCPN:
1. If one spouse seeks to adopt the legitimate son/daughter
ART. 183 - ART. 193 of the other
Domestic Adoption Act (DAA) of 1998 is intended to govern 2. If one spouse seeks to adopt his/her own illegitimate
domestic adoption of Filipino children, whether the adopter is a son/daughter, provided, however, that the other spouse
citizen of the Ph or an alien has signified his/her consent thereto
3. If the spouses are legally separated from each other
Inter-Country Adoption Act (ICA) of 1995 is intended to govern
adoption of a Filipino child in a foreign country by a person who If it is the other spouse who seeks to adopt the illegitimate child of
may not even be qualified to adopt under the FC or DAA the other spouse, the law requires that both spouses must jointly
- Adopter may either be a foreigner or a Filipino citizen adopt
permanently residing abroad where the petition for adoption is
filed Who may be Adopted
1. Any person below 18 years of age who has been
ADOPTION is the process of making a child, whether related or not administratively or judicially declared available for adoption
to the adopter, possess in general, the rights accorded to a legitimate - Child is legally available for adoption
child a. Below 18 years of age
- Juridical act, a proceeding in rem which creates between two b. Voluntarily or involuntarily committed to DSWD or
persons a relationship similar to that which results from to a duly licensed and accredited child-placing or
legitimate paternity and filiation child-caring agency
c. Freed of the parental authority of his/her biological
ONLY adoption that has gone through judicial process is considered parent/s or guardian or adopter/s in case of
ad valid in the Ph rescission of adoption
- A voluntarily committed child is one whose parent/s,
known or unknown, has been permanently and judicially
I. deprived of parental authority due to:
DOMESTIC ADOPTION a. Abandonment;
b. Substantial, continuous, or repeated neglect;
c. Abuse;
Adopter d. Incompetence to discharge parental responsibilities -
1. Citizen of Ph Any voluntary or involuntary termination of parental
2. Alien, so long as they are qualified to adopt authority shall be administratively or judicially declared 2.
Legitimate son/daughter of one spouse by the other spouse
Qualifications of Filipino Adopter 3. Illegitimate son/daughter by a qualified adopter to improve
1. Must be of legal age and at least 16 years older than adoptee, his/her status to that of legitimacy
except if the adopter is the biological parent of the adoptee or 4. A person of legal age if, prior to the adoption, said person has
the spouse of the adoptees parent been consistently considered and treated by the adopter/s as
2. In possession of full civil capacity and legal rights, of good his/her own child since minority
moral character and has not been convicted of any crime 5. A child whose adoption has been previously rescinded; to be
involving moral turpitude legally available for adoption, the child must be below 18
3. Must be emotionally and psychologically capable of caring years of age
for children and in a position to support and care for his/her 6. A child whose biological or adoptive parent/s has died
children in keeping with the means of the family provided that the child is below 18 years of age; in this case,
the law requires that no adoption proceedings shall be
Qualifications of Alien Adopter initiated within 6 months from the time of the death of the
1. Must possess the same qualifications of Filipino nationals, said parent/s
and in addition:
2. His/her country must have diplomatic relations with the RP Our laws do not prohibit relatives, whether by blood or affinity, from
3. He/she has been certified by his/her diplomatic or consular adopting one another
office or any appropriate government agency to be legally
capacitated to adopt in his/her country Absence of parental authority on the part of a biological parent does
4. His/her government allows the adoptee to enter his/her not necessarily mean that his/her consent is not required
country as his/her adopted son/daughter
5. He/she has been living in the Ph for at least 3 continuous The law in requiring the written consent of the biological parent/s of
years prior to the filing of the application for adoption and the child, if know, does not distinguish between legitimate and
maintains such residence until the adoption decree is entered illegitimate filiation
Requirements on residency and certification of aliens qualification Written consent of the natural parent to the adoption, while
to adopt may be waived for the following: indispensable to the validity of the decree of adoption may be
1. Former Filipino citizen who seeks to adopt a relative within dispensed with if the parent has abandoned the child or that such
the 4th degree of consanguinity or affinity parent is insane or hopelessly intemperate
2. One who seeks to adopt the legitimate son/daughter of his/her
Filipino spouse Family Court has exclusive jurisdiction to hear and decide petitions
3. One who is married to a Filipino citizen and seeks to adopt for adoption of children and its revocation
jointly with his/her spouse a relative within the 4th degree of - Venue shall be in the province or city where the prospective
consanguinity or affinity of the Filipino spouse parents reside
Adoption is a proceeding in rem If incapacitated, adoptee must file the petition for rescission or
revocation of adoption within 5 years after he reaches the age of
FOUNDLING refers to a deserted or abandoned infant or child majority
whose parents, guardian or relatives are unknown; or a child
committed to an orphanage or charitable or similar institution with If he incompetent at the time of adoption, file the petition within 5
unknown facts of birth and parentage and registered in the Civil years after recovery from such incompetency
Register as a foundling
Effects of Rescission
ABANDONED CHILD refers to one who has no proper parental 1. Parental authority of the adoptees biological parent/s, if
care or guardianship or whose parents have deserted him for a period known, of the legal custody of the Department, shall be
of at least 6 continuous month and has been judicially declared as resorted if the adoptee is still a minor or incapacitated
such 2. Reciprocal rights and obligations of the adopter/s and adoptee
to each other shall be extinguished
DEPENDENT CHILD refers to one who is without a parent, 3. Court shall order the Civil Registrar to cancel the amended
guardian or custodian or one whose parents, guardian or other certificate of birth of the adoptee and restore his/her original
custodian for good cause desires to be relieved of his care and birth certificate
custody and is dependent upon the public for support 4. Succession rights shall revert to its status prior to adoption,
but only as of the date of judgment of judicial rescission;
NEGLECTED CHILD is one whose basic needs have been however, vested rights acquired prior to judicial rescission
deliberately not attended to or inadequately attended to, physically shall be respected
or emotionally, by his parents or guardian
All legal ties between the biological parent/s and the adoptee shall be II.
severed and same shall be vested upon the adopter/s, except in cases INTER-COUNTRY ADOPTION
where the biological parent is the spouse of the adopter
Policy of the state is to encourage domestic adoption so as to
The adopted is deemed to be a legitimate child of the adopter for all preserve the Filipino childs identity and culture in his/her native
intents and purposes but the relationship established is limited to the land, and only when this is not available shall ICA be considered as
adopting parents and does not extend to their other relatives, except a last resort
as expressly provided by law
Who may Adopt
Adopted child has the right to use the surname of the adopter/s - Any foreign national of Filipino citizen permanently residing
- However, the provision of law which entitles the adopted minor abroad who has the qualifications and none of the
to the use of the surname of the adopter refers to the adopters disqualifications under ICA may file an application if he/she
own surname and not to the surname acquired by virtue of 1. Is at least 27 years of age;
marriage 2. Is at least 16 years older than the child to be adopted at
- There is no law prohibiting an illegitimate child adopted by her the time of the filing of application unless the applicant
natural father to use, as middle name, her mothers surname is the parent by nature of the child to be adopted or is the
spouse of such parent by nature;
The adopted and his/her biological parents are not legally bound to 3. Has the capacity to act and assume all the rights and
support each other because of the severance of legal ties between responsibilities incident to parental authority under his/
them her national law;
4. Has undergone appropriate counseling from an
The adopter and the adoptee are legal heirs of each other, in the same accredited counselor in his/her country;
way and in the same manner that a legitimate child and his/her 5. Has not been convicted of a crime involving moral
legitimate parents are heirs of each other turpitude;
- DAA amended Art. 190 FC 6. Is eligible to adopt under his/her national law;
- Under DAA, the adopted and his/her parents by nature may only
succeed from each other by way of testamentary succession 7. Can provide the proper care and support and give the
The intention of the law is to extinguish the reciprocal necessary moral values and example to the child and in
rights of succession that exist between the adopted and the proper case, to all his/her other children;
his/her parents by nature, including the right to the 8. Comes from a country:
a. with whom PH has diplomatic relations;
legitimate and rights arising from legal or intestate
b. whose government maintains a foreign adoption
succession
agency; and
DAA withdrew the right of an adopter to rescind the adoption decree c. whose laws allow adoption; and
and gave to the adopted child the sole right to severe the legal ties 9. Files jointly with his/her spouse, if any, who shall have
created by adoption the same qualifications and non of the disqualifications
- However, the adopter/s may disinherit the adoptee for causes to adopt as prescribed above
provided in Art. 919 of the NCC
Who may be Adopted
Grounds for Rescission - Only a legally free child may be the subject of ICA who is below
1. Repeated physical and verbal maltreatment by the adopter/s 15 years of age
despite having undergone counseling;
2. Attempt on the life of the adoptee;
3. Sexual assault or violence; or
4. Abandonment and failure to comply with parental obligations
ART. 207
ART. 197 Payment by Third Person
Support of spouses, their common children and legitimate children
of either spouse is chargeable to the AC of CP The law creates a promise of reimbursement on the part of the
- If insufficient, the spouses shall be solidarily liable with their person obliged to furnish support, inspite of the deliberate disregard
separate properties of his legal and moral duty
Par. 3, Art. 63 which states that the custody of the minor children Chapter 2
shall be awarded to the innocent spouse is subject to the provisions Substitute and Special Parental Authority
of Art. 213
- As much as possible, FC prohibits the separation of a child ART. 216
below 7 years of age from the mother even if the latter is the See Santos, Sr. v CA, 242 SCRA 407 (1995)
guilty spouse in a legal separation case
- The mere fact that the mother is the guilty spouse in legal Parental preference rule may not be invoked by the father of an
separation does not necessarily mean that she is not fit to be a illegitimate child in case of death, absence or unsuitability of the
parent mother since under Art. 176, an illegitimate child is not under
parental authority of the father
TENDER-AGE PRESUMPTION - In the event that both mother and father of an illegitimate child
- GR: A mother is to be preferred in awarding custody of children die during the latters minority and the child is survived by his
under the age of 7 grandparents on both maternal and paternal sides, only the
- EXCPN: When the court finds cause to order otherwise; grandparents on the maternal side shall be entitled to exercise
compelling reasons substitute parental authority, if suitable
Abesamis, Austinne Joyce D. 26!
Family C ode of the P hilippines (Rabuya)
- While the child is already emancipated and no longer under the
SUBSTITUTE PA may only be exercised by the persons designated PA of his parents, the parents are still liable for quasi-delict
in Art. 216 in the case of death, absence or unsuitability of both committed by said child if the latter is below 21
parents
- Cannot co-exist with parents PA Parents are civilly liable for the felonies committed by their minor
children
ART. 217 Art. 221 FC is intended to govern the matter of parental liability for
PA shall be entrusted in summary judicial proceedings to heads of quasi-delicts committed by children below 18; whereas, Art. 2180
childrens homes, orphanages and similar institutions duly accredited NCC governs liability of parents for quasi-delicts committed by their
by the proper government agency children who are 18 but under 21 years of age
- Under Art 2180, enforcement of liability shall be effected against
the father and, in case of his death or incapacity, the mother
- In Art. 221, there is no such alternative
ART. 218 - ART. 219
SPECIAL PA is granted by law to certain persons, entities or Whether the liability of the parents arises from quasi-delict or
institutions in view of their special relation to children under their criminal offenses committed by their minor children under their
supervision, instruction or custody legal authority or control, or who live in their company, the nature of
- Extended by law to all authorized activities whether the same is such liability is primary and not subsidiary
undertaken inside or outside of the premises of the school, entity - Parents are subsidiarily liable only if, at the time of the
or institution commission of quasi-delict, the minor children are under special
- Co-exists with parents PA PA
Chapter 3
ART. 223 - ART. 224
Effect of Parental Authority upon Persons of the Children Aside from personally disciplining the child, the parents or persons
ART. 220 - ART. 222 exercising PA may also petition the court for the imposition of
appropriate disciplinary measures
In case of legitimate children, the father and mother, being the
natural guardians, are duty-bound and entitled to keep them in their
custody and company Chapter 4
In case of illegitimate child, he/she is under the sole PA of the Effect of Parental Authority Upon the Property of the Children
mother ART. 225 - ART. 227
- But the father is entitled to visitation rights
While parents are considered the legal guardian of the minors
Obligation of parents to support their children is not co-terminus property, the court may, appoint a guardian of the childs property
with the exercise of PA other than the parents when the best interests of the child so requires
- While PA is permanently terminated upon childs emancipation,
the parents obligation to support their children is not necessarily Things given by the parent by way of support or as necessaries, such
terminated upon such emancipation as clothing and the like, remain the property of the parent and do not
belong to the child, notwithstanding the childs possession of them
Parents are the legal representatives of their minor children in court
proceedings Parents have a limited right of usufruct over the property of their
minor children
Parents are civilly liable for quasi-delicts of their minor children
subject to the following conditions
1. Minor is living in the company of his parents Chapter 5
2. Minor is under their PA Suspension or Termination of Parental Authority
3. Parents failed to exercise all the diligence of a good father or
a family to prevent damage ART. 228 - ART. 233
Authorized grounds for the appointment of guardian
Parental liability is anchored upon PA coupled with presumed 1. Death, continued absence of incapacity of the minors
parental dereliction in the discharge of the duties accompanying such parents;
authority 2. Suspension, deprivation or termination of PA;
3. Remarriage of the minors surviving parent, if the latter is
Bases of parental liability for torts of a minor child is the found unsuitable to exercise PA; and
relationship existing between the parents and the minor children 4. When the best interests of the minor so require
living with them and over whom, the law presumes, the parents
exercise supervision and control Upon appointment of the guardian, the PA of the parents is likewise
terminated unless the same is subsequently revived by a final
No parental liability can be imposed upon the father of an
judgment
illegitimate child, especially if the child is not living in his company,
since under the law, the child is under the sole PA of the mother In the absence of judicial declaration of abandonment the PA of the
parents remains unaffected
Art. 2180 NCC refers to minor children who is below 21 years of
age
TITLE XI
Chapter 1
Prefatory Provisions
ART. 238
Chapter 2
Separation in Fact
Chapter 3
Incidents Involving Parental Authority
Chapter 4
Other Matters Subject to Summary Proceedings
ART. 253
TITLE XII
FINAL PROVISIONS