Professional Documents
Culture Documents
(as amended)
MARRIAGE
Aspects : -- 1. as a contract :
- only man and woman can enter
- permanent- only death can
extinguish
- rights and obligations not subject
to
stipulations but fixed by law
except- marriage settlement on
property regime.
- breach results in penal and civil
sanctions.
Requisites :
-essential1. Legal capacity of parties, 18
age,
male and female
no impidements in 37 or 38
2. consent freely given
in the presence of solemnizing
officer.
Place of solemnizationpublic
Except- articulo
mortis
Remote place
Request of both parties in
writing, in a place or house
designated by them in
sworn statement
Absence of Essential
Formal req.- marriage
void
Validity of marriage
license- 120 days from
issuance, can be used
anywhere in the country
- automatically cancelled
if not
used upon the
expiration of
expiry date stamped on
Divorce obtained by a
foreigner-spouse, the Filipino
spouse shall likewise have
the capacity to remarry
under Philippine law.
(E.O. No. 227, july 17,1987)
4. contracted through
mistake of one party as
to the identity of the
other
5. subsequent marriages
void under Art. 53
(subsequent marriage
without delivering the
presumptive legitimes of
Subsequent
bigamous marriageValid if contracted after the
absence of four (4) years, if the
spouse has a well-founded
belief that the absent spouse is
already dead.
In Republic vs Bermudez-Lorino,
449 SCRA 57, it was held that the
order of the trial court granting
the petition for judicial declaration
of presumptive death is
immediately final and executory.
Hence, the right to appeal was not
granted to any of the parties
therein. It was therefore
erroneous for the OSG to file a
notice of appeal, and for the RTC
to give due course thereto.
The ruling was reiterated in
Mere showing of
irreconcilable differences
and conflicting
personalities does not
constitute psychological
incapacity. (Republic vs.
Court of Appeals, and Roridel
Art. 37 Incestous
marriages- between ascendants and
descendants of any degree
-between brothers and sisters,
whether of full or half blood.
To contract a subsequent
marriage, the other spouse
must be absent for 4 years
or 2 years, and the present
spouse has well-founded
belief that the absent
spouse was already dead.
(41)
EFFECTS OF TERMINATION
OF SECOND MARRIAGE:
(43)
1. Children of the second marriage conceived
prior to
termination shall be legitimate.
2. custody and support to be decided by the
court in
proper proceedings.
3. community property shall be dissolved and
liquidated,
but share of spouse in bad faith in the net
profits shall
NO other misrepresentation or
deceit as to character, health,
rank, fortune or chastity shall
constitute fraud for
annulment of marriage.
If the judgment of
annulment or
declaration of nullity of
marriage, partition and
distribution is not
registered, what is the
effect?
5. LESBIANISM, HOMOSEXUALITY
6. BIGAMOUS MARRIAGE, ANYWHERE
contracted
7. SEXUAL INFIDELITY OR
PERVERSION
8. ATTEMPT AGAINST LIFE
9. ABANDONMENT FOR MORE THAN
ONE YEAR,
without justifiable cause
No.
The action has prescribed. Action for
legal separation prescribed in 5 years.
By their express agreement, B had
consented or condoned the act of A.
Having consented or condoned the
acts of A, he is undeserving of courts
symphaty.
B is not an innocent spouse. She is
aware of the cohabitation between A
and M.
Reconciliation (65)
If the spouses should reconcile,
the corresponding manifestation
under oath duly signed by them
shall be filed with the court in
the same proceeding for legal
separation.
Any modification,
alteration or change in
the marriage settlement
must be made before the
celebration of the
marriage. (76)
Effect of non-celebration of
marriages: (81)
1. property regime
2. donation proper nuptias
3. other stipulation
in consideration of
marriage ARE
RENDERED VOID
However, stipulations that do
not depend on the
celebration of marriage shall
be valid
DONATIONS PROPTER
NUPTIAS (82)
Req.
1. made before marriage
2. in consideration thereof
3. in favor of one or both of
the future
spouses
Limitations:
-no limitation if spouse
agrees on
absolute community
- if not absolute community1/5 of
present property
-In case of future propertyrule on
succession
Ans.
Q. X executed a donation
propter nuptias in favor of his
prospective wife, Y, who accepted
the same. The marriage however
did not take place. The creditors of
X filed an action to recover the
property donated on the ground
that the marriage was not
celebrated. Will the action
prosper?
Suppose the donation was made in
the marriage settlement, will the
answer be the same?
Q. A donation propter
nuptias was given by X to Y.
They were subsequently
married. Thereafter, Y
discovered that X was
previously married. Y brought
an action to annul their
bigamous marriage, which was
granted. X filed an action to
revoke his donation as their
marriage was judicially
declared void. Will the action
Ans.
PROPERTY RELATIONS :
ABSOLUTE COMMUNITY- governs after
the effectivity of the family code,
unless different regime agreed upon
by the spouses. .
COMMENCEMENT: precise moment
marriage is celebrated.
WAIVER of rights, interests, shares
and effects of community property
during the marriage- VOID
EXCEPT:
1.waiver takes place upon judicial
separation
of property
2. waiver takes place after marriage
had been
dissolved or annulled.
WAIVER must appear in public
instrument and recorded.
Creditors of waiving spouse may
petition the court to rescind waiver to
the extent of their credit.
COMMUNITY PROPERTY
CONSIST OF:
1. all properties owned by the
spouses
at the time of celebration
of marriage
2. all properties acquired
after marriage.
PROPERTIES EXCLUDED :
1. acquired by gratuitous title,
including fruits and
income, except when grantor
declares them to
form part of the community
property.
2. property for personal and
exclusive use of
spouses, except jewelry, which
are community
property
DISPOSITION OR ENCUMBRANCE of
community property- BOTHIf made by one, without consent of the
other, it shall be considered as continuing
offer on the part of the consenting spouse,
and may be perfected as a binding contract
upon the acceptance by the other spouse
or authorization by the court before the
offer is withdrawn by either or both
offerors..
If consent is withheld or cannot be
obtained- COURT may give the authority
as warranted by the circumstances.
EITHER spouse may dispose by will his/her
interest in the absolute community.
DONATION OF COMMUNITY
PROPERTY- BOTH
- except moderate donations
to charity OR on occasion of
family rejoicing OR family
distress.
DISSOLUTION OF ABSOLUTE
COMMUNITY REGIME1. death of either spouse
2. decree of legal
separation
3. marriage is annulled or
declared void
4. Judicial separation of
property under
134 to 138
ABANDONMENT BY SPOUSE OF
THE OTHER
Abandoned when spouse left
conjugal dwelling without any
intention of returning.
Presumed to have no
intention of returning when
spouse left conjugal dwelling
after 3 months or within said
period give no information as to
his/her whereabouts.
REMEDY OF ABANDONED
SPOUSE1. receivership
2. judicial separation of
property
3. Petition for authority to be
sole
administrator of community
subject to
such precautionary conditions
as court
may impose.
TERMINATION OF COMMUNITY
PROPERTY BY DEATHA- liquidated in the proceeding for
settlement of
estate deceased.
B- Surviving spouse shall liquidate
community
property judicially or
extrajudicially, within one
year from death of deceased
spouse.
C- If no liquidation after one year from
deathDISPOSITION OR ENCUMBRANCE
involving the
LIQUIDATION OF COMMUNITY
PROPERTIES OF TWO MARRIAGESA- DETERMINE the capital, fruits
and income
of each community property
upon such
proof as may be considered
according to
the rules of evidence.
B- in case of doubt as to which
the community
the existing properties belong,
they be shall
CONJUGAL PARTNERSHIP OF
GAINS
1.property of regime that
applies when agreed upon in
the marriage settlement.
2.conjugal partnership of
gains
already established
between spouses before the
effectivity of the family code.
COMMENCEMENT, WAIVER OF
RIGHTS SHARES, EFFECTS OF
ABSOLUTE COMMUNITY
APPLIES TO CONJUGAL
PARTNERSHIP OF GAINS.
OWNERSHIP, POSSESSION,
ADMINISTRATION, ENJOYMENT OF
EXCLUSIVE PROPERTY- retains by the
owner spouse. But fruits of the
separate property belongs to the
conjugal partnership of gains
Owner spouse may mortgage,
encumber, alienate, or dispose her
exclusive property. Spouse may
appear alone in court to ligitate.
TRANSFER OF ADMINISTRATION
OF EXCLUSIVE PROPERTY TO
OTHER SPOUSE- by public
instrument, recorded in registry
property where property is
situated.
Alienation by spouse
automatically terminate the
administration and proceeds shall
be turned over to owner-spouse.
CREDITS PAYABLE IN
INSTALLMENTS- (119)
credit payable in installments
within a period of time, the
installments payable during
marriage belongs to the spouse
but interests thereon belongs to
the partnership.
DISSOLUTION OF CONJUGAL
PARTNERSHIP (126)
1. upon death of either spouse
2. when there is decree of legal
separation
3. when the marriage is annulled or
declared void
4. in case of judicial separation of
property during
marriage under Art 134-138
SEPARATION OF PROPERTY OF
SPOUSES :
SEPARATION OF PROPERTY TAKES
PLACE :
1. if stipulated in marriage
settlement
2. by judicial order
A- voluntary
B- sufficient cause
ADMINISTRATION OF EXCLUSIVE
PROPERTY OF SPOUSE TRANSFERRED
TO OTHER :
1. spouse becomes guardian of other
2. spouse declared absentee
3. spouse under civil interdiction
4. Spouse is fugitive from justice
5. if the spouse is disqualified
because of :
incompetence
conflict of interest
or other just cause- court shall
appoint a
suitable person to be
REGIME OF COMPLETE
SEPARATION OF PROPERTY
1. agreed upon in marriage
settlement
2. decreed by court in proper
cases
NOTE : COMPLETE SEPARATION
OF PROPERTY REGIME CANNOT BE
CONVERTED INTO ANY OTHER
REGIME DURING MARRIAGE
BECAUSE THERE IS NO LAW
KINDS :
AS TO EXTENT- A- total or
partial
AS TO KINDS-a- present, bfuture, c-both
RIGHTS OF SPOUSES IN
COMPLETE SEPARATION OF
PROPERTY :
1.OWN, DISPOSE, POSSESS,
ADMINISTER THEIR SEPARATE
PROPERTY
2. OWN THE EARNINGS FROM
BUSINESS, PROFESSION OR
INDUSTRY AND FRUITS OF THEIR
PROPERTY.
OBLIGATIONS :
1. BEARS FAMILY EXPENSES
PROPORTIONATE TO INCOME OR
CURRENT
VALUE OF SEPARATE PROPERTIES.
2. LIABLE SOLIDARILY TO
CREDITORS FOR FAMILY EXPENSES.
LIMITATIONS ON
CONSTITUTION OF
FAMILY HOME :
1. each family have only one home
2. family home can be constituted
only on the dwelling place and
therefore, in the locality where the
family has its domicile.
- there must be actual occupancy of
the family home with the intention of
dedicating the premises for such
purpose.
BENEFICIARIES OF FAMILY
HOME (154)
1. husband and wife or
unmarried person who is head
of the family
2. their parents, ascendants,
descendants, brothers and
sisters living in the family home
and dependent for support
upon the husband and wife, or
head of the family.
SALE, DONATION,
ASSIGNMENT OR
ENCUMBRANCE OF FAMILY
HOME- (158)
1. may be sold, alienated, donated,
assigned or encumbered by the
owner/s thereof
2. with written consent of- person constituting the same
-his spouse and
- majority of the beneficiaries of
legal age
in case of conflict, court shall decide
FAMILYPOLICY- (149)
Family is the foundation of the
nation
Family is the basic social
institution which public policy
cherishes and protects.
Family relations are governed by
law
No customs, practice or
agreement destructive of the
family shall be recognized or given
effect
PATERNITY AND
FILIATIONPaternity- is the civil
status of the father with
respect to the child.
Maternity- is the civil
status of the mother with
respect to the child.
by
In case of artificial
inseminationboth spouse authorized or
ratified the insemination in
a written instrument
executed and signed by
them before the birth of the
child, the instrument shall
be recorded in the civil
1. physical impossibility of
sexual intercourse by husband
with wife within the first 120 days
of the 300 days which immediately
preceded the birth of the child due
to :
a-physical incapacity of
husband to have
sexual intercourse with his
wife
RIGHTS OF LEGITIMATE
CHILDREN- (174)
1. To bear surname of father
and
mother
2. To receive support from
parents,
ascendants, brothers and
sisters
3. To be entitled to legitime
RIGHTS OF ILLEGITIMATE
CHILDREN (176)
1. Use the surname of mother
2. Under the parental authority of
mother
3. Entitled to support
4. Entitled to legitime under the
civil code(1/2 that of the legitimate child)
Note: RA 9255 approved on Feb.
24, 2004, allows the illeg. Child to
use the surname of the father, if
acknowledged by the latter.
Requisites of legitimation:
1. the child is conceived and born
outside of wedlock
2. at the time of the childs
conception, the parents were
either: not disqualified by any
impediment to marry each other,
or disqualified only because either
or both of them were below 18
years of age (RA 9858)
3. after the birth of the child, the
parents subsequently enter into a
EFFECT OF LEGITIMATION
(180)
The legitimation shall
retroact to the time of the
childs birth
The legitimation of children
who died before the
celebration of the marriage
EFFECTS OF ADOPTION :
-Adopted shall be deemed child of the
adopter
-Adopted has right to use surname of
adopter
-Parental authority of parents by nature
shall
terminate and vested in the adopter
exceptif adopter is spouse of parent by
nature of
adopted, then, both shall exercise
joint parental
authority
-Adopted shall remain intestate heir of
of estate
of estate
surviving spouseadopters-
of estate
of estate
illeg. children
adopters
of estate
of estate
illeg. Childrenestate
surviving spouseadoptersadopters only
only collateral relatives- I
1/3
1/3 estate
1/3 estate
whole estate
intestacy applies
EFFECT OF REVOCATION:
If adopted still minor, reinstate parental
authority of parents, unless disqualified or
incapacitated, in which case, court appoints a
guardian
If adopted is physically or mentally
handicapped court appoints a guardian
All reciprocal right and obligations between
INTER-COUNTRY
ADOPTION
LAW
INTER-COUNTRY ADOPTION
Inter-country adoption refers to the sociolegal process of adopting a Filipino child by an
alien or a Filipino citizen permanently residing
abroad where the petition is filed, the
supervised trial custody is undertaken, and
the decree of adoption is issued outside the
Philippines.
Child means a person below fifteen (15)
years of age unless sooner emancipated by
law.
Legally free child means a child who has
been voluntarily or involuntarily committed to
the Department, in accordance with the Child
and Youth Welfare Code.
SUPPORT
SUPPORT- everything
indispensable for :
1- sustenance
2- dwelling
3- medical attendance
4- education
5- transportation
in keeping with the financial
capacity of the family
CHARACTERISTICS :
- Purely personal founded on
personal
necessity
- Cannot be attached or executedSURVIVAL
- Instransmissable and nonassignable
- Variable
- Reciprocal
- Demandable from time of needs
and even
beyond age of majority or even if
SOURCES OF SUPPORT :
- SPOUSE- absolute or conjugal
property
- Common children- absolute or
conjugal property
- Children of spouse by another
marriage- same
ORDER OF PREFERENCE ON
WHO WILL GIVE SUPPORT :
1- Spouse
2- Descendants, nearest in
degree
3- Ascendants, nearest in
degree
4- Brothers or sisters
But in case of
concurrence between
spouse and child- child
shall be preferred to be
supported.
SPECIAL RULES ON
SUPPORT :
amount of support
dependent on :
1- means of giver
3- necessities of
recipient
NOTE : Contractual
support can be subject to
adjustment whenever
modification is necessary
due to changes in the
circumstances manifestly
beyond the
contemplation of the
parties
PARENTAL
AUTHORITY
PURPOSE
1. sound physical
development of
children
2. cultivation of their
intellectual
perceptions
3. nourishment of their
appetitive
and sensitive
LAW ON PARENTAL
AUTHORITYBefore august 3 1988, PD
603 and civil code
After august 3, 1988 , family
code expressly repealing
Title XI of the civil code on
parental authority and Arts.
CHARACTERISTICS OF
PARENTAL AUTHORITY
- A natural right and duty of
parents(209)
- Can not be renounced,
transferred or
waived except in cases
authorized by law, (210), as in
the case of:
1. adoption
2. guardianship
PARENTAL AUTHORITY
CONSISTS OF: (209)
caring and rearing of such
children for civic
consciousness and
efficiency,
development of their moral,
mental, and physical
character and well-being,
parental responsibility
IN CASE OF DEATH OR
ABSENCE OF EITHER
PARENT- parental
authority shall be
exercised by :
parent present (122)
IN CASE OF REMARRIAGE
OF SURVIVING PARENTparental authority shall
be exercised by :
surviving parent, unless
court appoints a
guardian (212)
IN CASE OF DEATH,
ABSENCE OR UNSUITABILITY
OF BOTH PARENTSsubstitute parental
authority shall be exercised
by surviving grandparent
if several survive, one
designated by court (214)
IN CASE OF FOUNDLINGS ,
ABANDONED, NEGLECTED OR
ABUSE CHILDREN (217)
Substitute parental authority
shall be entrusted to
- heads of childrens homes,
orphanages and similar
institution duly accredited by
proper govt agency
DISTINCTION BETWEEN
SUBSTITUTE AND SPECIAL
PARENTAL AUTHORITY
Substitute parental authority is
exercised in the case of death, absence
or unsuitability of parents.
Substitute parental authority is not
exercised concurrently with the exercise
by parent of parental authority.
Special authority is exercised concurrent
with parental authority of parents.
RIGHTS OF PARENTS OR
PERSON EXERCISING
PARENTAL AUTHORITY- (220)
- to keep them in their
company
- to support
- to educate
- to instruct them by right
precept
and good example
- It shall be devoted
exclusively for his support and
education, unless the title or
transfer provides otherwise.
- And secondarily, for the
collective needs of the family.
parental usufruct over the
properties of their
unemancipated children had
UNEMANCIPATED CHILD
ENTRUSTED WITH MANAGEMENT
OF PARENTS PROPERTY 227
- net proceeds of properties shall
belong to the
parent/s owner.
- Child shall be given reasonable
monthly
allowance in an amount not less
than which
shall be given to strangers who
manages the
TERMINATION OF PARENTAL
AUTHORITY (228)
- upon death of parents
- upon death of child
- upon emancipation of the
child
termination is permanent
and can no be revived
AUTOMATIC SUSPENSION OF
PARENTAL AUTHORITY (230)
- conviction of parent for crime
which carried the penalty of
civil interdiction
- authority is automatically
restored
upon service of the penalty or
upon
SUSPENSION OF PARENTAL
AUTHORITY THRU COURT ACTION
(231) Grounds- treats the child with excessive
harshness or
cruelty
- gives the child corrupting
orders, counsel or
example
- compels the child to beg
- subject child or allows him to be
PERMANENT DEPRIVATION OF
PARENTAL AUTHORITY (232)
parent subjected the child or
allowed him/her to be
subjected to sexual abuse
deprivation is permanent and
can not be restored
NO CORPORAL PUNISHMENT BY
THOSE EXERCISING SUBSTITUTE
AUTHORITY (233)
- person exercising substitute
parental authority have the same
authority over the child as the
parents
- can impose discipline on the
child as required under the
circumstances, which includes
moderate punishment, but not
BY reason of section 3 of RA
6809, the decision in Elcano vs.
Hill, 77 SCRA 89 wherein the
father of a married minor was
held still liable for damages
resulting from the childs
having killed someone, which
has been abrogated by the
former Article 236 of the family
code, would still now be
applicable under the said
amendment to Article 236.