Professional Documents
Culture Documents
RELATIONS
Coverage (PLAC3E)
E FFECT AND A PPLICATION OF 1. Presidential Decrees;
L AWS 2. Laws which refer to all statutes, including local and
private laws;
The Civil Code took effect on August 30, 1950. 3. Administrative Rules and Regulations where purpose
is to enforce/implement existing law pursuant to a valid
E FFECTIVITY OF L AWS (A RT .2) delegation;
4. Charter of a City;
5. Circulars issued by the Monetary Board where
General Rule: Laws take effect after 15 days following purpose is not merely to interpret but to fill in the
the completion of its publication in the Official Gazette or details of the Central Bank Act;
in a newspaper of general circulation (EO No. 200). 6. Circulars and Regulations which prescribe a penalty
for its violation (People vs. Que Po Lay, G.R. No. L-
The law shall take effect on the 16 th day because in 6791, March 29, 1954);
counting the period, the first day is excluded and the last 7. Executive Orders (Taada vs. Tuvera G.R. No. L-
day included (Art. 13, NCC). 63915, December 29, 1986).
No one shall be charged with notice of the statutes Publication not Required (I L)
provision until publication is completed and the 15 day 1. Interpretative regulations and those internal in nature,
period has expired. regulating only the personnel of the administrative
agency.
Exception: Unless otherwise provided by the law (EO 2. Letters of Instructions issued by administrative
No. 200). superiors on rules/guidelines to be followed by
subordinates in the performance of their duties
The exception refers to the 15-day period only and not (Taada vs. Tuvera, ibid).
the requirement of publication. Publication is
indispensable, absence of which will not render the law Date of effectivity of Municipal Ordinances is NOT
effective (Taada v. Tuvera G.R. No. L-63915, December covered by this rule but by the Local Government Code
29, 1986). (Taada vs. Tuvera, supra).
No publication required, binding on parties after the lapse Exception: Rule does NOT apply to computation of age;
of appeal period, and will bind all future cases with each year is counted based on birth anniversary.
identical facts, until reversed by SC.
Policy if the Last Day is a Sunday or a Legal Holiday
The application or interpretation placed by the Court 1. If the act to be performed within the period is
upon a law is part of the law as of the date of enactment prescribed or allowed (a) by the Rules of Court, (b) by
of said law because the Supreme Courts interpretation an order of the court, or (c) by any other applicable
merely establishes the contemporaneous legislative statute, the last day will automatically be considered
intent that the construed law purports to carry into effect the next working day.
(People v. Licera G.R. No. L-39990, July 2, 1975). 2. If the act to be performed within the period arises from
a contractual relationship, the act will become due
HOWEVER, when a doctrine is overruled and a different despite the fact that the last day falls on a Sunday or
view is adopted, the new doctrine should be applied Holiday.
prospectively and should not prejudice parties who relied
on the old doctrine (People v. Jabinal G.R. No. L-30061, P ROVISION ON C ONFLICT OF
February 27, 1974).
L AW (A RTS .14-17)
C USTOMS (A RTS .11 AND 12)
1. Penal Laws and laws of public security (Article 14):
Territoriality rule governs regardless of the nationality
Customs but subject to principles of international law and to
Rules of conduct formed by repetition of acts uniformly treaty stipulations.
observed as a social rule. They are legally binding and
obligatory. 2. Laws relating to family rights and duties, or to
General Rule: Customs must be proved as a fact status, condition and legal capacity of persons
according to the rules of evidence. (Article 15): Nationality rule applies regardless of their
place of residence.
Exception: A court may take judicial notice of a custom if
there is already a decision rendered by the same court Exception: Divorce validly obtained abroad by alien
recognizing the custom. spouse capacitating him or her to remarry, the Filipino
spouse shall have capacity to remarry under Philippine
Requisites to Make a Custom an Obligatory Rule: law. (Article 26 (2) Family Code)
(P2OT)
1. Plurality or repetition of acts; 3. Laws on property (real and personal)
2. Practiced by the great mass of the social group;
3. The community accepts it as a proper way of acting, Lex Rei Sitae: The law of the country where the
such that it is considered as obligatory upon all; property is situated shall govern property transactions.
4. Continued practice for a long period of time. (Article 16 (1))
How civil personality is extinguished Personality begins as soon as they have been
Civil personality is extinguished by death. The effect of constituted according to law
death upon the rights and obligations of the deceased is
determined by law, by contract and by will (Art. 42). 3. Corporations, partnerships and associations for private
interest
Presumption of survivorship
In case of doubt as to which of two or more persons Corporations are governed by the Corporation Code.
called to succeed each other died first: Their personality exist from the moment a certificate of
1. Whoever alleges the death of one prior to the other incorporation is granted to it from the Securities and
shall prove the same Exchange Commission (Sec. 19, Corporation Code)
2. In the absence of proof, the presumption is that the
parties died at the same time and there shall be no By a contract of partnership, two or more persons bind
transmission of rights from one another (Art. 43) themselves to contribute money, property or industry to
a common fund, with the intention of dividing the profits
Note: Article 43 applies when the case involves two or among themselves; or for the exercise of profession
more persons who are called to succeed each other. But (Art. 1767, NCC). Partnerships are governed by the
if the parties are not called to succeed each other, Rule contract between partners and the provisions of Art.
131, Sec. 3 (jj) of the Rules of Court applies. Both are to 1767 to 1867 of the Civil Code.
be applied only in the absence of facts. (Paras, p. 248)
C ITIZENSHIP AND D OMICILE
Rule 131 Section 3 (jj). That except for purposes of
succession, when two persons perish in the same
calamity, such as wreck, battle, or conflagration, and it is Citizenship
not shown who died first, and there are no particular It is the membership in a political community which is
circumstances from which it can be inferred, the more or less permanent in nature. Article IV of 1987
survivorship is determined from the probabilities resulting Philippine Constitution now governs the rule on
citizenship.
Modes of acquiring citizenship relations, as that of the wife arising from marriage, or the
1. Jus sanguinis by blood, wherever he may be born relation of a parent and a child
2. Jus soli by place of birth
3. Naturalization artificial means (judicial or Requirements for the acquisition of new domicile
administrative) by which a state adopts an alien and (Romualdez v. RTC, Br. 7, Tacloban City, 226 SCRA 408,
gives him imprint and endowment of a citizen of that 415)
country 1. Bodily presence in a new locality actual removal or
actual change of domicile
Domicile 2. Intention to remain therein (animus manendi)
For the exercise of civil rights and the fulfillment of civil 3. Intention to abandon the old domicile (animus non
obligations, the domicile of natural persons is the place of revertendi)
their habitual residence (Art. 50 NCC).
Rules for determining the domicile of juridical
Residence Domicile persons (Article 51):
Denotes a fixed permanent A.Get the domicile provided for in the law creating or
Indicates a place of abode, recognizing them or in their articles of agreement.
residence, which when
whether permanent or B.If not provided for, get the place:
absent, one has the
temporary 1. Where their legal representation is established.
intention of returning
There can be several There can only be one 2. Or where they exercise their principal functions.
places of residence place of domicile
No length of residence If the corporation has head office and with branches, the
It is residence coupled with domicile is where the head office is located. (Paras, p.
without intention of
intention to remain for an 366)
remaining will constitute
unlimited time
domicile
F AM ILY C ODE
Elements of domicile
1. Physical presence in a fixed place
2. Intention to remain permanently in said place (animus The Family Code of the Philippines took effect on August
manendi) (Romualdez-Marcos vs. COMELEC, G.R. 3, 1988.
No. 119976 September 18, 1995).
M ARRIAGE
Kinds of domicile (Romualdez-Marcos vs. COMELEC,
G.R. No. 119976 September 18, 1995)
1. Domicile of origin Given by law to a person at birth Marriage
2. Domicile of choice That which is voluntarily chosen A special contract of permanent union between a man
by a sui juris as his more or less permanent home; and a woman entered into in accordance with law for the
that to which, whenever he is absent, he intends to establishment of conjugal and family life.
return. (Uytengsu v. Republic, 50 O.G. 4781, Oct.
1954) The Family Code emphasizes the permanent nature of
marriage, hailing it as the foundation of the family. It is
Note: Three basic rules on domicile of choice: this inviolability which is central to our traditional and
(Ugdoracion vs. COMELEC G.R. No. 179851, April 18, religious concepts of morality and provides the very
2008): bedrock on which our society finds stability (Malcampo-
a. A man must have a residence or domicile Sin vs. Sin, G.R. No. 137590 March 26, 2001).
somewhere;
b. Domicile, once established, remains until a new one In Republic v. Nolasco (G.R. No. 94053 March 17, 1993),
is validly acquired; and the Supreme Court stressed the strong need to protect
c. A man can have but one residence or domicile at the basic social institutions of marriage and the family
any given time. in the preservation of which the State has the strongest
d. Every sui generis may change his domicile. interest; the public policy here involved is of the most
fundamental kind. In Article II, Section 12 of the
3. Domicile by operation of law attributes to a person a Constitution, there is set forth the following basic state
domicile independent of his own intention or actual policy: 'The State recognizes the sanctity of family life
residence, ordinarily resulting from legal domestic and shall protect and strengthen the family as a basic
General Rule: It is not by itself an actionable wrong Absence (ex: expired marriage license; one of
(Hermosisima vs. CA L-14628, September 30, 1960). the parties is below 18 years old at
One cannot seek specific performance to compel the time of the marriage)
marriage. Defect Voidable Voidable
The absence of two witnesses of legal age is merely an c. Acting within the limits
irregularity but the party responsible for the irregularity of the written authority
shall be civilly, criminally, and administratively liable. granted; and
Exceptions: Requisites:
1. Marriage in articulo mortis; a. The man and woman must have been living as
2. Marriage in remote places; husband and wife for at least five years before the
3. Marriage at a house or place designated by the parties marriage;
in a sworn statement to that effect, with the written b. The parties must have no legal impediment to marry
request of both parties to the solemnizing officer (Sta. each other;
Maria, M., Persons and Family Relations, 2010, p. c. The fact of absence of legal impediment between
140) the parties must be present at the time of marriage;
d. The parties must execute an affidavit before any
Note: This provision is only directory and the person authorized by law to administer oaths stating
requirement that the marriage be solemnized in a that they have lived together for at least five years
particular or a public place is not an essential requisite. (and are without legal impediment to marry each
(Sta. Maria, M., Persons and Family Relations, 2010, p. other); and
140) e. The solemnizing officer must execute a sworn
statement that he had ascertained the qualifications
Valid marriage license (Art. 9) of the parties and that he had found no legal
A formal requisite of marriage impediment to their marriage (Manzano v. Sanchez
G.R. No. MTJ001329, March 08, 2001).
Issued by the local civil registrar of the city or municipality
where EITHER contracting party habitually resides. The 5year period should be computed on the basis
of cohabitation as husband and wife where the only
The license is valid in any part of the Philippines for 120 missing factor is the marriage contract to validate the
days from date of issue, which is the date when the local union (ex: if both cohabited at the age of 17,
civil registrar signed the license. counting starts when parties reach 18 years).
Automatically cancelled at the expiration of the period if This 5year period should be the years immediately
contracting parties have not made use of it (Art. 20) before the day of the marriage and it should be a
period of cohabitation characterized by
Exceptions to the marriage license requirement EXCLUSIVITY meaning no legal impediment was
(MARCO): present at any time within the 5 years and
1. Among Muslims or members of ethnic cultural CONTINUITY that is unbroken (Republic v. Dayot,
communities solemnized in accordance with their G.R. No. 175581, March 8, 2008).
customs, rites and practices (Art. 33)
5. Solemnized outside the Phil. where no marriage
Exception only applies to Muslims and members of the license is required by the country where they were
ethnic groups of the Cordillera Autonomous Region solemnized (Art. 26 par. 1)
because they have a separate lawCode of Muslim
Personal Laws of the Philippines and Organic Act of Solemnizing of a marriage involving a foreign
the Cordillera Autonomous Region (RA 6766). Other contracting party in the Philippines (Art. 21)
ethnic groups are still governed by the Family Code When either or both parties are foreign citizens, they
(Sta. Maria, M., Persons and Family Relations, 2010, must first submit a CERTIFICATE OF LEGAL CAPACITY
p. 187). TO MARRY issued by their diplomatic/consular officials
before marriage license can be obtained.
2. In articulo mortis (Art. 27)
Marriage remains valid even if spouse at the point of Ratio: A certificate of legal capacity is necessary because
death subsequently survives (Art. 27) the Philippines, insofar as marriage is concerned,
3. In remote place adheres to the national law of the contracting parties with
Residence of either party is so located that there is no respect to their legal capacity to contract marriage.
means of transportation to enable them to personally Without this certification of legal capacity, the local civil
appear before the local civil registrar (Art. 28) registrar will not issue the marriage license (Sta. Maria,
4. Marriage of people who have previously cohabited for M., Persons and Family Relations, 2010, p. 151).
at least 5 years /ratification by cohabitation (Art. 34)
Family Relations, 2010, p. 165). been severed (Felicitas Amor-Catalan v. CA, G.R. No.
167109, February 6, 2007).
2. Bigamous or polygamous except as provided in Art.
41, FC (Art. 35(4)) Article 26(2) applies where parties were Filipino
3. Contracted through mistake of one party as to the citizens at the time of the marriage was celebrated,
identity of the other (Art. 35(5)) and later on, one of them becomes naturalized as a
4. Contracted following the annulment or declaration of foreign citizen and obtains a divorce decree: the
nullity of a previous marriage but before partition reckoning point is their citizenship at the time the valid
(Art.35(6)) divorce is obtained abroad by the alien spouse
5. Void due to psychological incapacity (Art. 36) capacitating the latter to remarry (Rep. v. Obrecido III,
6. Incestuous (Art.37) G.R. No. 154380, Oct. 5, 2005).
7. Void for reasons of public policy (Art. 38)
In Edgar San Luis v. Felicidad Sagalongos (G.R. No.
Note: The existence of the pertinent provision of the 134029, February 6, 2007), it was held that a Filipino
foreign marriage law must be shown to prove a foreign who had been divorced by his alien spouse abroad
marriage. may NOT validly remarry in the Philippines if the
marriage was solemnized BEFORE the Family Code
It is well-settled in our jurisdiction that our courts cannot took effect. It was noted that there is no need to
take judicial notice of foreign laws. Like any other facts, retroactively apply Art. 26 paragraph 2 of the Family
they must be alleged and proved. Australian marital laws Code, since there is sufficient jurisprudential basis
are not among those matters that judges are supposed to allowing the Court to rule in the affirmative.
know by reason of their judicial function. The power of
judicial notice must be exercised with caution, and every There must be a showing that the divorce decree gave
reasonable doubt upon the subject should be resolved in the foreigner spouse legal capacity to remarry because
the negative (Garcia vs. Recio, G.R. No. 138322 October in some jurisdictions, remarriage may be limited or
2, 2001). prohibited (Bayot v. Bayot, G.R. No. 155635 & 163979,
November 7, 2008).
DIVORCE
General rule: Divorce is not allowed in the Philippines The legislative intent is for the benefit of the Filipino
spouse, by clarifying his or her marital status, settling
Exceptions: the doubts created by the divorce decree. Essentially,
1. Between 2 aliens if valid in their national laws even if the second paragraph of Article 26 of the Family Code
marriage was celebrated in the Philippines provided the Filipino spouse a substantive right to have
2. Between a Filipino and an alien if (a) there is a valid his or her marriage to the alien spouse considered as
marriage celebrated between a Filipino citizen and a dissolved, capacitating him or her to remarry (Corpus
foreigner; and (b) a valid divorce according to the v. Sto. Tomas, G.R. No. 186571, August 11, 2010).
national law of the foreigner is obtained abroad by the
alien spouse capacitating him or her to remarry (Art.
26[2])).
V OID M ARRIAGES (A RT .35)
The Filipino spouse should likewise be allowed to KINDS OF VOID MARRIAGES (LAPIS):
remarry as if he or she was a foreigner at the time of I. Those contrary to law or public policy
the solemnization of the marriage. To rule otherwise II. Due to absence of essential or formal requisites
would sanction absurdity and injustice (Republic v. I. Due to psychological incapacity
Orbecido III G.R. No. 154380 October 5, 2005). II. Incestuous marriages
III. Void subsequent marriages
Party pleading it must prove divorce as a fact and
demonstrate its conformity to the foreign law allowing Note: As a general rule, good faith and bad faith are
it, which must be proved as courts cannot take judicial immaterial in determining whether or not a marriage is
notice of foreign laws. If a valid divorce decree has null and void. Nonetheless, the party who knew that he or
been obtained abroad, there is no more need to file an she was entering a void marriage before its
action to nullify the marriage. The plaintiff has no more solemnization may be held liable for damages by the
personality to sue since the marriage bond has already other contracting party under Art,19, 20 and 21 of the
Civil Code.
This principle applies even if the earlier union is parties as to the physical identity of the other
characterized by statute as void (Manuel vs. People, 6. Subsequent marriages that are void under Article 53 of
G.R. No. 165842, November 29, 2005). the Family Code
Interestingly, in Lucio Morigo v. People, (GR No. 145226, General rule: A marriage contracted by any person
Feb. 6, 2004), the SC ruled that a judicial declaration of during the subsistence of a previous valid marriage
nullity is NOT NEEDED where NO MARRIAGE shall be null and void (Gomez v. Lipana, GR. No. L
CEREMONY at all was performed by a duly authorized 23214, June 30, 1970).
solemnizing officer, as where the parties merely signed a
marriage contract on their own without the presence of Elements of bigamy (Art. 349, RPC):
the solemnizing officer. a. The offender has been legally married.
b. The marriage has not been legally dissolved or in
The requirement for a declaration of absolute nullity of a case his or her spouse is absent, the absent spouse
marriage is also for the protection of the spouse who, could not yet be presumed dead according to the
believing that his or her marriage is illegal and void, Civil Code.
marries again. With the judicial declaration of the nullity c. The offender contracts a second or subsequent
of his or her marriage, the person who marries again marriage.
cannot be charged with bigamy. A judicial declaration of d. The second or subsequent marriage has all the
nullity is required before a valid subsequent marriage can essential requisites for validity.
be contracted; or else, what transpires is a bigamous .
marriage, reprehensible and immoral. (Teves vs. People, Exception: Before the celebration of the subsequent
G.R. No. 188775, August 24, 2011). marriage, a declaration of presumptive death is
obtained after complying with the following
For purposes other than remarriage, such as but not requirements: (JAB)
limited to determination of heirship, legitimacy or i. Judicial declaration of presumptive death; present
illegitimacy of a child, settlement of estate, dissolution of spouse must file a summary proceeding for the
property regime or criminal case, other evidence is declaration of the presumptive death of the
acceptable to show the nullity of the marriage and the absentee without prejudice to the latters
court may pass upon the validity of marriage so long as it reappearance.
is essential to the determination of the case (Nial vs. ii. Absence of the other spouse must have been for
Bayadog, G.R. No. 133778, March 14, 2000). 4 consecutive years, or 2 years where there was
danger of death under circumstances laid down in
Collateral attack of marriage is allowed. Art. 391 of the NCC;
iii. Well-founded belief of the present spouse who
In a case for concubinage, the accused need not present wishes to marry that absent spouse is already
a final judgment declaring his marriage void, for he can dead; and
adduce evidence in the criminal case of the nullity of his
marriage other than proof of a final judgment declaring There is no well-founded belief that the absent
his marriage void (Beltran vs. People, G.R. No. 137567, spouse is already dead when the present party
June 20, 2000). fails to conduct a diligent search for the missing
party (Republic v. Nolasco, G.R. No. 94053,
I. VOID MARRIAGES DUE TO ABSENCE OF ANY OF March 17, 1993).
THE ESSENTIAL OR FORMAL REQUISITES: (BB
LAPIS) Note: This is intended to protect the present
1. Contracted by any party below 18 years of age even spouse from criminal prosecution for bigamy
with parental consent under Art 349 of the Revised Penal Code.
2. Bigamous or polygamous marriages except Art 41 However, if the bigamous marriage was committed
3. Solemnized WITHOUT a license except as otherwise abroad, the guilty party cannot be criminally
provided prosecuted for bigamy in the Philippines as our
4. Solemnized by any person NOT LEGALLY authorized penal statutes are territorial in nature.
to perform marriages UNLESS one or both of the
parties believed in good faith that the solemnizing Exception to the exception: If both spouses of the
officer had the legal authority to do so subsequent marriage acted in bad faith, said
5. Marriages contracted through mistake of one of the marriage shall be void ab initio and all donations
In petitions for the declaration of nullity of marriage, the Relationship by consanguinity is in itself not capable of
burden of proof to show the nullity of marriage lies with dissolution. Hence, the mere fact that a common
the plaintiff. Unless the evidence presented clearly ascendant, a grandfather for example, died does not
reveals a situation where the parties, or one of them, sever the blood relationship of first cousins.
could not have validly entered into a marriage by reason
of a grave and serious psychological illness existing at Two views on termination of marriage on the affinity
the time it was celebrated, we are compelled to uphold prohibition
the indissolubility of the marital tie (Republic v. Galang, a. Relationship by affinity terminates with the termination
G.R. No. 168335, June 6, 2011). of the marriage whether there are children or not in the
marriage.
III. INCESTUOUS MARRIAGES, WHETHER THE b. Relationship by affinity is dissolved if one of the
RELATIONSHIP IS LEGITIMATE OR ILLEGITIMATE, spouses dies and the spouses have no living issues or
BETWEEN (Art. 37): children; it does not cease if there are living issues or
1. Ascendants & Descendants of any degree; children of the marriage in whose veins the blood of
2. Brothers & Sisters whether full or half blood the parties are commingled, since the relationship of
affinity was continued through the medium of the issue
IV. THOSE CONTRARY TO PUBLIC POLICY of marriage (Sta. Maria, M., Persons and Family
CONTRACTED BETWEEN (Art. 38): (CS-PASS-AKA) Relations, 2010, p. 251-253).
1. Collateral blood relatives whether legitimate or
illegitimate up to the 4th civil degree
Visitation rights flow from the natural right of both parents 3. Registration of the entry of judgment granting petition
to each others company. There being no such parent for declaration of absolute nullity or annulment in the
child relationship between them, Gerardo has no Civil Registry where the marriage was celebrated and
demandable right to visit the child of Mario with Theresa in the Civil Registry of the place where the FC was
(Concepcion vs. CA GR. No. 12345, August 31, 2005). located.
4. Registration of approved partition and distribution of
Decision on the nullification of the marriage properties of the spouses in the proper Registry of
No judgment shall be based upon stipulation of facts or Deeds where the real properties are located.
confession of judgment (Art. 48 par. 2).
Note: The rule applies to Legal Separation.
Stipulation of facts
An admission by both parties made in court agreeing to Effects of nullity
the existence of the act constituting the ground for 1. Either of the former spouses may marry again after
annulment or for the declaration of nullity. complying with the requirements of Art. 52 (Art. 53).
2. On Children (Art. 54)
Confession of judgment a. Those conceived or born before the judgment or
The admission made in court by the respondent annulment or absolute nullity of the marriage under
admitting fault as invoked by the plaintiff to sever the Art. 36 has become final and executory, shall be
marriage ties (Sta. Maria, M., Persons and Family considered legitimate.
Relations, 2010, p. 319). b. Those conceived or born of the subsequent
marriage under Art. 53 shall likewise be legitimate.
If the defendant spouse fails to answer the complaint, the
court CANNOT declare him or her in default; instead, it In both instances under Articles 40 and 45, the marriages
should order the public prosecutor to determine if are governed either by absolute community of property or
collusion exists between the parties (Section 6, Rule 18 conjugal partnership of gains unless the parties agree to
of the Revised Rules of Court; Sec. 13 (b); Supreme a complete separation of property in a marriage
Court En Banc Resolution A.M. 02-11-10-SC). settlement entered into before the marriage. Since the
property relations of the parties is governed by absolute
If aside from a stipulation of facts or a confession of community of property or conjugal partnership of gains,
judgment, sufficient evidence was presented, the court there is a need to liquidate, partition and distribute the
may render a judgment annulling the marriage (Ocampo properties (Dino v. Dino, G.R. No. 178044, January 19,
v. Florenciano, GR. No. L13553, February 23, 1960). 2011).
EXCLUSIVE GROUNDS FOR LEGAL SEPARATION: Sexual perversion includes engaging in such behavior
(Art. 56) (PAA-ID-LAMBS) not only with third persons but also with the spouse
1. Repeated physical violence or grossly abusive (Sta. Maria, M., Persons and Family Relations, 2010,
conduct directed against the petitioner, a common p. 359).
child, or a child of the petitioner
2. Attempt of the respondent to corrupt or induce the Note: Mere preponderance of evidence will suffice to
petitioner, a common child, or a child of the petitioner, prove the existence of these grounds EXCEPT the 4 th
to engage in prostitution, or connivance in such ground.
corruption or inducement
RA 9262 Anti-Violence Against Women and Children
Refers to prostitution only and irrespective of the age (March 8, 2004)
of the child (Sta. Maria, M., Persons and Family
Relations, 2010, p. 356) Acts of Violence:
1. Causing physical harm to the woman or her child;
The law does not give a cause of action to the 2. Threatening to cause the woman or her child physical
petitioner to file a case for legal separation on the harm;
ground that the respondent-spouse committed the 3. Attempting to cause the woman or her child physical
ground provided in Art. 55(3) upon his or her own child harm;
with another person. However, such act may be a 4. Placing the woman or her child in fear of imminent
cause to suspend or terminate, depending on the physical harm;
severity, the parental authority of the respondent over 5. Attempting to compel or compelling the woman or her
his own child pursuant to Art. 231 (2) and (4) of he child to engage in conduct which the woman or her
Family Code (Sta. Maria, M., Persons and Family child has the right to desist from or desist from conduct
Relations, 2010, p. 357). which the woman or her child has the right to engage
in, or attempting to restrict or restricting the woman's or
3. Attempt by the respondent against the life of the her child's freedom of movement or conduct by force
petitioner or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against
The attempt on the life of the spouse must proceed the woman or child. This shall include, but not limited
from an evil design and not from any justifiable cause to, the following acts committed with the purpose or
like self-defense or from the fact that the spouse effect of controlling or restricting the woman's or her
caught the other in flagrante delicto having carnal child's movement or conduct:
knowledge with another man or woman (Sta. Maria, a. Threatening to deprive or actually depriving the
M., Persons and Family Relations, 2010, p. 359-360). woman or her child of custody to her/his family;
b. Depriving or threatening to deprive the woman or her
4. Final judgment sentencing the respondent to children of financial support legally due her or her
imprisonment of more than 6 years even if pardoned family, or deliberately providing the woman's children
5. Drug addiction or habitual alcoholism of the insufficient financial support;
respondent c. Depriving or threatening to deprive the woman or her
6. Lesbianism or homosexuality of the respondent child of a legal right;
7. Abandonment of the petitioner by the respondent d. Preventing the woman in engaging in any legitimate
without justifiable cause for more than 1 year profession, occupation, business or activity or
controlling the victim's own money or properties, or
There must be absolute cessation of marital relations, solely controlling the conjugal or common money, or
duties, and rights, with the intention of perpetual properties;
separation (Partosa-Jo vs. CA, G.R. No. 82606,
December 18, 1992). Abandonment implies total 6. Inflicting or threatening to inflict physical harm on
renunciation of duties. oneself for the purpose of controlling her actions or
decisions;
8. Physical violence or moral pressure to compel 7. Causing or attempting to cause the woman or her child
petitioner to change religious or political affiliation to engage in any sexual activity which does not
9. Contracting by respondent of a subsequent bigamous constitute rape, by force or threat of force, physical
marriage; and harm, or through intimidation directed against the
10. Sexual infidelity or perversion. woman or her child or her/his immediate family;
9. Causing mental or emotional anguish, public ridicule or There is consent when either of the spouses agreed to
humiliation to the woman or her child, including, but not or did not object, despite full knowledge, to the act
limited to, repeated verbal and emotional abuse, and giving rise to a ground for legal separation, before such
denial of financial support or custody of minor children act was in fact committed (Sta. Maria, M., Persons
of access to the woman's child/children (Sec. 5, RA and Family Relations, 2010, p. 363).
9262).
3. Connivance between parties of commission of
In cases of legal separation, where violence as offense or act constituting ground
specified in RA 9262 is alleged, Article 58 of the
Family Code on the 6 months cooling-off period shall Connivance or procurement
NOT apply. The court shall proceed on the main case Denotes direction, influence, personal exertion, or
and other incidents of the case as soon as possible. other action with knowledge and belief that such action
The hearing on any application for a protection order would produce certain results and which results are
filed by the petitioner must be conducted within the produced (Cohen, Divorce and Alimony in North
mandatory period specified (Sec. 19, RA 9262). Carolina, 59, IV, p. 98 as cited Sta. Maria, p. 364).
The woman victim of violence shall be entitled to the 4. Collusion between parties
custody and support of her child/children. Children
below seven (7) years old older but with mental or Collusion
physical disabilities shall automatically be given to the It is a corrupt agreement between the spouses by
mother, with right to support, unless the court finds making it appear that the marriage is defective due
compelling reasons to order otherwise. A victim who is to the existence of any of the grounds and agreeing
suffering from battered woman syndrome shall not be to represent such false or non-existent cause of
disqualified from having custody of her children. In no action before the proper court to procure divorce or
case shall custody of minor children be given to the legal separation (Sta. Maria, M., Persons and Family
perpetrator of a woman who is suffering from battered Relations, 2010, p. 317).
woman syndrome (Sec. 28, RA 9262).
5. Mutual guilt or where both parties have given ground
GROUNDS FOR DENIAL OF PETITION (Art. 56): for legal separation
(C4MPDR)
1. Condonation of the offense or act complained of. 6. Prescription
1994)
Even if the parents are separated de facto, still in the
8. Reconciliation of the spouses during the pendency of absence of judicial grant of custody to one parent, both
the case parents are entitled to the custody of their child. The
remedy of habeas corpus may be resorted to by the
By filing in the same proceeding a joint manifestation parent who has been deprived of the rightful custody of
under oath, duly signed by the spouses (Art. 65) the child (Salientes v. Abanilla, G.R. No. 162734, August
29, 2006). A decree of legal separation, on the ground of
Coolingoff period concubinage, may issue upon proof of preponderance of
6-month period from the filing of the petition designed to evidence in the action for legal separation. No criminal
give the parties enough time to further contemplate their proceedings or conviction is necessary.
positions with the end in view of attaining reconciliation
between them. No action for Legal Separation shall be RECONCILIATION OF LEGALLY SEPARATED
tried during such period (Art. 58). SPOUSES
If the spouses should reconcile, the corresponding joint
It is a mandatory requirement and its non-compliance manifestation under oath duly signed by them shall be
makes the decision infirm (Pacete vs. Carriaga, G.R. No. filed with the court in the same proceeding for legal
53880, March 17, 1994). separation (Art. 65).
The cooling-off period does not mean the overruling of Effects of reconciliation of the spouses (Art. 66)
provisions as custody, alimony, and support pendente 1. The legal separation proceedings, if still pending, shall
lite. thereby be terminated at whatever stage.
2. The final decree of legal separation shall be set aside,
A writ of preliminary mandatory injunction for the return of but the separation of property and any forfeiture of
the wifes paraphernal property can in the meantime be share of the guilty spouse already effected shall
heard and granted during the 6-month period (Somosa- subsist, unless the spouses agree to revive their
Ramos v. Vamenta, G.R. No. L-34132 July 29, 1972). former property regime.
Effects of filing petition: (Art. 61) Revival of property regime (Art. 67)
1. The spouses shall be entitled to live separately from Agreement of revival and motion for its approval shall be
each other filed in court in the same proceeding for legal separation
2. In the absence of an agreement between the parties, and shall be executed under oath and shall specify:
the court shall designate the husband, the wife, or a 1. Properties to be contributed anew to restored regime;
third person to manage the absolute community or 2. Those to be retained as separated properties of each
conjugal partnership property (Art. 61) spouse;
3. The husband shall have no more right to have sexual 3. Names of all known creditors, addresses, and amounts
intercourse with his wife. owing to each.
No legal separation may be decreed unless the Court After due hearing, court shall take measures to protect
has taken steps toward the reconciliation of the spouses interest of creditors and such order shall be recorded in
and is fully satisfied, despite such efforts, that the proper registries of properties but the same shall not
reconciliation is highly improbable. (Art. 59) prejudice creditors not listed or notified, unless debtor-
spouse has sufficient separate properties to
Note: The wife who has been granted legal separation satisfy creditors claim.
cannot petition to be allowed to revert to her maiden
name (Art. 372, NCC).
The grounds alleged must be proved. No judgment on the pleadings, summary judgment or
confession of judgment shall be allowed.
Summary proceeding;
judgment may be Notes:
rendered based on Stipulation of facts- an admission by both parties made in court agreeing to the existence of
affidavits, documentary the act constituting the ground for annulment or for the declaration of nullity.
evidence or oral Confession of judgment- the admission made in court by the respondent admitting fault as
testimonies at the sound invoked by the plaintiff to sever the marriage ties (Sta. Maria, M., Persons and Family
discretion of the court Relations, 2010, p. 319).
(Art. 246)
In legal separation cases, no decree shall be issued unless the Court has take steps toward
reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is
highly improbable (Art. 59).
After decree:
To the innocent spouse but no child under 7 shall be separated from the mother unless there are
compelling reasons
aggrieved party may apply to the court for relief. (Art 72.)
R IGHTS
AND O BLIGATIONS
BETWEEN THE H USBAND AND The relief may take on many forms: filing a case for legal
separation if there are grounds for the same; filing an
THE W IFE (LORF-JM)
action for declaration of nullity based on Art 36 if the
neglect is such that it does not create a functional marital
1. Live together life; petitioning the court for receivership, for judicial
separation of property, or for authority to be the sole
Act of living together is a voluntary act of the spouses administrator of community property or conjugal
which cannot be compelled by any proceeding in court. partnership.(Sta Maria, Melencio Jr. S., Persons and
Family Relations Law,page 408 ex., 3-4 [2010])
Only the moral obligation of the spouses constitutes the
motivating factor for making them observe the said EXERCISE OF PROFESSION
duties and obligations which are highly personal
(Ramirez-Cuaderno v Cuaderno, 12 SCRA 505). General Rule: Both can engage in any lawful enterprise
or profession WITHOUT the consent of the other.
If the wife refuses unjustifiably to live with her husband,
the court will admonish but not order her return; and Exception: The other spouse may object only on valid,
even if an order is made, contempt proceeding against serious and moral grounds.
the wife will not prosper. The only remedy here for the
husband is to refuse to grant support (Mariano B. In case of disagreement, court shall decide whether (1)
Arroyo v. Dolores C. Vasquez de Arroyo, 42 Phil. 54). the objection is proper; and (2) the benefit accrued to the
family prior to the objection or thereafter [Art. 73 (2)].
2. Observe mutual love, respect and fidelity
If a husband compels the wife to desist from pursuing a
3. Render mutual help & support profession or any other conduct which the wife has the
right to engage in, this can be considered acts of violence
4. Fix the family domicile against women under RA 9262 (Sta. Maria, M., Persons
a. Both husband and wife shall fix the family domicile. In and Family Relations, 2010, M. p. 409 )
case of disagreement, the court shall decide.
b. The court may exempt one spouse from living with RULE IF BUSINESS BENEFITED FAMILY
the other if the latter should live abroad or there are
other valid and compelling reasons for the exemption. General rule:
However, such exemption shall not apply if the same
is not compatible with the solidarity of the family (Art 1. Debts and obligations incurred of whatever nature and
69). regardless of the time they were incurred but
redounding to the benefit of the family shall be
5. Joint responsibility for the support of the family chargeable to the ACP or the CPG.
a. Expenses shall be paid from the community property
b. In the absence thereof, from income or fruits of their 2. An obligation incurred as a result of a spouses exercise
separate properties of a legitimate profession is an obligation redounding to
c. In the absence or insufficiency thereof, from their the benefit of the family shall be shouldered by the ACP
separate properties (Art. 70) or CPG.
When parties stipulate in their MS that local custom Note: It is argued by some law practitioners and authors
shall apply or that ACP regime shall not govern but fail that while no person below 18 can enter into a valid
to stipulate what property regime will be applied. marriage and since the MS is required to be executed
before the marriage, one below 18 may execute a MS as
4. In the absence of local custom, rules on coownership long as he or she is 18 or above at the time of marriage.
will apply (Art. 74).
Efficacy of marriage settlement (Art. 81)
upon the celebration of the marriage shall be valid 2. Donation in MS not more than one-fifth (1/5) of present
property (Art. 84)
2. Property relations shall be governed by Philippine laws,
regardless of the place of the celebration of the Any excess shall be considered void and the donation
marriage or the parties residence (Art. 80). will be reduced to one-fifth.
General Rule: Must be made before the marriage, in If one of the requisites is not complied with, it may still be
writing, signed by parties valid as an ordinary donation.
Exceptions: Modifications made through judicial decree For donation of present property to be valid, the rules
during the marriage: governing ordinary donations under Title III of Book III of
1. In case of revival of former property regime between the Civil Code must be observed.
reconciling spouses after decree of legal separation has
been issued (Art. 66, 67) Please refer to Property on requisites for valid donations.
2. When abandoned spouse files petition for judicial
separation of property under Art. 128 DPN of future property
3. When a spouse files petition for judicial separation of DPN of future property is allowed by way of exception to
property for sufficient cause under Art. 135 Art. 751 of NCC (which provides that donations cannot
4. Petition for voluntary dissolution of property regime comprehend future property). It is governed by the law on
under Art. 136 testamentary succession both as to intrinsic and extrinsic
validity. However said DPN can only be revoked by the
DONATION BY REASON OF MARRIAGE donor only on the basis of Art. 86 of the FC (Art. 84 par.
Donations propter nuptias (DPN) are made by one spouse 2).
in favor of the other or by a stranger. It is without onerous
consideration, the marriage being merely the occasion or DPN of encumbered property
motive for the donation, not its causa. Being liberalities, The donation is valid because the donor is still the owner,
they remain subject to reduction for inofficiousness upon even if it is encumbered. If mortgage is foreclosed and
the donors death, should they infringe the legitime of a sold at a lesser price, donee is not liable for deficiency but
forced heir (Mateo vs. Lagua, No. L-26270, October 30, if sold for more, donee is entitled to excess (Art. 85).
1969).
Donations propter nuptias and ordinary donations
Requisites: (Art. 82) (COB) Donations Propter
Ordinary Donations
1. In consideration of marriage Nuptias
2. In favor of one or both of the future spouses Formalities
3. Made before celebration of marriage Governed by the rules on Governed by rules on
ordinary donations except donations (Arts. 725773,
Rules in case of donation by the would-be spouses to that if future property is NCC)
each other: (MOAC) donated, it must conform
1. There must be a valid MS stipulating a property regime with formalities of wills
other than ACP (Art. 84). Present Property
May be donated but only No limit except that donor
Grounds for revocation (VoCALRI) Note: No waiver of rights allowed during the marriage
1. Marriage not celebrated or declared Void ab initio except in case of judicial separation of property. The
except those made in MS that do not depend on waiver must be in a public instrument and recorded in the
celebration of marriage office of the local civil registrar where the marriage
contract was recorded as well as in the proper registry of
If made by a stranger, action for revocation may be property (Art. 89 and 77). The same applies to CPG (Art.
brought under ordinary rules on prescription: if in 107).
writing, brought within 10 years and if oral, within 6
years (Albano, Ed Vincent S., Persons and Family Rule on games of chance (Art. 95)
Relations, 2006). Loss: Shall be borne by the loser-spouse and shall not be
charged to the community property
2. Marriage without parental consent Winnings: Shall form part of the community property (Art.
3. Marriage is annulled and donee is in bad faith 95)
4. Upon legal separation, the donee being the guilty
spouse Exception: If said ticket was gratuitously given by a friend
5. Complied with resolutory condition to a spouse, only upon express provision of the donor will
6. Donee commits acts of ingratitude as specified by Art. it be considered part of the community property.
765 of NCC (Art. 86).
Note: The same applies to CPG (Art. 123).
II. CONJUGAL PARTNERSHIP OF GAINS (CPG) payable in partial payments/ installments and collected
It is that formed by a husband and wife whereby they during the marriage (Art. 119).
place in a common fund the proceeds, products, fruits and
income of their separate properties, and those acquired by Disposition of CPG
either or both spouses through their efforts or by chance, A wifes consent to the husbands disposition of conjugal
the same to be divided between them equally (as a property does not always have to be explicit or set forth in
general rule) upon the dissolution of the marriage or the any particular document, so long as it is shown by the acts
partnership (Art. 106). of the wife that such consent was indeed given (Pelayo v.
CA, G.R. No. 141323 June 8, 2005).
The CPG shall be governed by the rules on the
CONTRACT OF PARTNERSHIP in all that is not in The sale of conjugal property requires the consent of both
conflict with what is provided in the chapter on CPG or by spouses; otherwise the sale shall be void, including the
the spouses in their MS (Art. 108). portion of the conjugal property pertaining to the husband
who contracted the sale (Homeowners and Savings Loan
Before the presumption under Art. 116 applies (that Bank vs. CA, GR No 153802, March 11, 2005).
properties acquired during marriage are presumed
conjugal), there must be proof that the property was Exclusive property of each spouse (OGREC) (Art. 109)
acquired during the marriage. This is a condition sine qua 1. That which is brought to the marriage as his/her own,
non for the operation in favor of conjugal ownership whether with or without legitimate descendants
(Metrobank, et al. v. Tan, GR No. 163712, November 30, 2. Acquired during the marriage by gratuitous title
2006).
Property donated/left by will to spouses, jointly with
Properties under conjugal partnership (L2C2 FONTI) designation of determinate shares, shall pertain to
1. Obtained from labor, industry, work or profession of donee-spouse as exclusive property; in the absence of
either or both spouses designation, property shall be divided between them but
2. Livestock existing upon dissolution of partnership in shall belong to them exclusively (Art. 113).
excess of number of each kind brought to the marriage
by either spouse If spouse does not accept his/her part of the donation,
3. Acquired by chance such as winnings from gambling, accretion sets in favor of the other spouse who will own
but losses therefrom shall be borne exclusively by loser- all of property donated as separate property.
spouse
4. Acquired during the marriage by onerous title with Accretion will not apply if donor so provides or if there is
conjugal funds designation of determinate properties (i.e. house, car).
Damages for physical injuries inflicted by a third person If donation is onerous, charges shall be borne by
are exclusive property (Lilius vs. Manila Railroad Co. exclusive property of donee-spouse, whenever
G.R. No. 42551 September 4, 1935) advanced by the CPG.
Damages from illegal detention of exclusive property Retirement benefits, pensions, annuities, gratuities,
pertains to CPG if detention deprived the CP of the use usufructs, and similar benefits acquired by gratuitous
and earnings thereof (Bismorte vs. Aldecoa, G.R. No. L- title are exclusive properties; if by onerous title during
5586, December 10, 1910). marriage (i.e. contributions to pension funds or
deduction from salaries of common funds), they are CP
Note: The registration of the property in either partys (Art. 115).
name alone is immaterial if the property was acquired
with conjugal funds (Marigsa v. Macabuntoc, G.R. No. Unearned increment (such as increase in the value of
4883, September 27, 1910). the paraphernal property) belongs to the spouse
concerned.
5. Fruits of the conjugal property during the marriage
6. Acquired through occupation such as fishing 3. Acquired by right of redemption, barter or exchange
7. Net fruits of their exclusive property with property belonging to either spouse
8. Share of either spouse in hidden treasure (Art. 117)
9. Interest falling due during the marriage on principal
amount of credit belonging to one spouse which is
In both cases, there is reimbursement upon liquidation. In For (c) and (d), benefit to family presumed
(1), owner-spouse reimburses the CP. In (2), CP shall All taxes, liens, charges and expenses including minor
reimburse the owner-spouse. repairs upon ACP or CP
ACP (Art. 94) CPG (Art. 121) donation of conjugal partnership property, which is
Taxes and Expenses for prohibited.
mere preservation during
Taxes and Expenses for marriage upon separate The conjugal partnership is NOT liable for an indemnity
mere preservation during property of either spouse, agreement entered into by the husband to accommodate
marriage upon separate regardless of whether used a third party (Security Bank v. Mar Tierra Corp., GR No.
property of either spouse by family because use and 143382, November 29, 2006).
used by family enjoyment of separate
property of the spouses PROVISIONS COMMON TO ACP AND CPG
belong to the partnership
Expenses to enable either spouse to commence/complete A. Administration of property (ACP: Art. 96-98/ CPG:
a professional, vocational or other activity for self- Art. 124-125)
improvement
General Rule: Administration shall belong to both
Value donated/promise by both spouses in favor of spouses jointly.
common legitimate children for exclusive purpose of Exceptions:
commencing or completing professional or vocational 1. In case of disagreement, husbands decision shall
course or other activity for self-improvement prevail, subject to recourse to the court by the wife for
Expenses of litigation between spouses unless suit found proper remedy within 5 years from date of contract
to be groundless implementing such decision
1. Ante-Nuptial Debts For Ante-Nuptial Debts, 2. In case one spouse is incapacitated or unable to
Chargeable to ACP if same as ACP but in case of participate in the administration of the common
redounded to benefit of insufficiency of separate properties, the other spouse may assume sole powers
family property, obligations of administration (Art. 96).
2. Personal debts not enumerated in Art. 121 These powers do NOT include:
redounding to benefit must first be satisfied a. Disposition
of family such as before such debts may be b. Encumbrance
liabilities incurred by chargeable to the CP
reason of crime or Written consent of other spouse or authority of the
quasi-delict, court is required, otherwise disposition or encumbrance
chargeable to separate is VOID.
property of debtor
spouse The husband and wife are the joint administrators of their
3. In case of insufficiency properties forming part of the conjugal partnership and
of separate property, absolute community of properties. The right vested upon
chargeable to ACP but them to of the conjugal assets does not vest until the
considered advances dissolution and liquidation of the conjugal partnership. The
deductible from share sale by the husband of property belonging to the conjugal
of debtor-spouse upon partnership or the absolute community without the
liquidation consent of the wife or authority of the court is void (Abalos
vs. Macatangay, G.R. No. 155043, September 30, 2004).
Note: The separate properties shall be solidarily and
subsidiarily liable for the obligations if the community or The transaction, however, shall be construed as a
conjugal properties are insufficient. continuing offer on the part of the consenting spouse and
the third person, until acceptance by the other spouse or
Benefits that might accrue to a husband in his signing a authorization by the court before the offer is withdrawn by
surety or guarantee agreement not in favor of the family either or both offerors (ACP: Art. 96;CPG: Art. 124).
but in favor of his employer corporation are not benefits
that can be considered as giving a direct advantage Neither spouse may donate any community property
accruing to the family. Hence, the creditors cannot go without the consent of the other but either may, without
against the conjugal partnership property in satisfying the the others consent, make moderate donations for charity
obligation subject of the surety agreement. A contrary view or on occasions of family rejoicing or family distress (ACP:
would put in peril the conjugal partnership property by Art. 98; CPG:Art. 125).
allowing it to be given gratuitously similar to cases of
Surviving spouse shall liquidate ACP within 1 year from Must first pay out of the ACP or CP property, if
death of deceased spouse if no judicial settlement is insufficient, spouses solidarily liable with separate
instituted, failure to do so upon lapse of 1 year period properties
makes any disposition or encumbrance of ACP void
For CPG, must first reimburse spouse for separate
Mandatory regime of complete separation of property property acquired by CP due to increased value
governs subsequent marriage of surviving spouse if thereof as a result of improvements thereon
he/she fails to comply with liquidation of ACP of
previous marriage 2. Delivery to each spouse of his/her separate
property if any
4. Judicial separation of property 3. For CPG, unless owner indemnified from
whatever source, payment of loss or deterioration of
Note: Effect of separation in fact (ACP: Art. 102; CPG: movables belonging to either spouse that was used
Art. 127) for the benefit of the family
4. Division of net assets (for ACP) or net profits
General Rule: The separation in fact between husband (CPG), which are not subject to forfeiture
and wife shall not affect the regime of ACP/CPG
Use of Exclusive Properties: (PISI)
Exceptions: a. Payment of personal debts
1. The spouse who leaves the conjugal home or refuses b. Fines and indemnities
to live therein, without just cause, shall not have the c. Support of illegitimate children of the owner-spouse
right to be supported; d. In case of insufficiency of the CPG
2. When the consent of one spouse to any transaction of (Sta. Maria, M., Persons and Family Relations,
the other is required by law, judicial authorization shall 2010, p. 504)
be obtained in a summary proceeding;
5. Delivery of presumptive legitime, if any, to the
shares in the absence of proof to the contrary. Rules on have passed into the possession of another; and
co- ownership govern their property relations. 3. Brothers and sisters and brothers-in-law and sisters-in-
law, if living together.
T HE F AM ILY
Running of prescriptive periods
The family is a basic social institution which public policy Unless otherwise provided by the Family Code and
cherishes and protects (Art. 149); hence, no suit between other laws, Art. 1109 of the Civil Code provides that
members of the family shall prosper unless a compromise prescription does not run between:
between the parties has failed (Art. 151). Family relations a. Husband and wife, even though there be a separation
are governed by law and no custom, practice or of property agreed upon in the marriage settlements
agreement destructive of the family shall be recognized or or by judicial decree;
given effect (Art. 149). b. Parents and children during the latters minority or
insanity;
Family relations include: c. Guardian and ward during the continuance of the
1. Between husband and wife guardianship. (Sta. Maria, m., persons and family
2. Between parents and children relations 2010 ed., p. 589)
3. Among other ascendants and descendants
4. Among brothers and sisters whether full or halfblood FAMILY HOME
(Art. 150) It is constituted jointly by the husband and wife or by an
unmarried head of a family; is the dwelling house where
Mandatory Prior Recourse to Compromise they and their family reside, and the land on which it is
No suit between members of the same family shall situated (Art. 152).
prosper UNLESS it appears from the verified complaint or
petition that earnest efforts toward a compromise have General Rule: The family home is exempt from execution,
been made, and that the same have failed. If it is shown forced sale or attachment.
that no such efforts were, in fact, made, the case must be
dismissed (Art. 151). Rationale: When the creditors seize the family house,
they virtually shatter the family itself.
Exceptions:
1. When a stranger is involved in the suit Exceptions: (PLMN)
1. Debts incurred prior to constitution (Art. 153);
Ratio: The interest of such stranger may differ from the
interest of members of the same family. (Sta. Maria, M., Note: Art. 153 cannot be given retroactive effect to
Persons and Family Relations, 2010, p. 588) shield the homes of debtors from execution of judgment
arising from debts which became due and demandable
2. In cases where compromise is invalid under the Civil prior to the effectivity of the Family Code. To be able to
Code (Art. 2035): (CV JAFF) avail of the benefits of a family home in relation to debts
a. Civil status of persons which matured prior to August 3, 1988, it must be
b. Validity of marriage or a legal separation shown that the home was constituted either judicially or
c. Jurisdiction of courts extrajudicially pursuant to the old Civil Code (Sta.
d. Any ground for legal separation Maria, M., Persons and Family Relations, 2010, p. 591).
e. Future support
f. Future legitime 2. Debts due to laborers, mechanics, architects, builders,
material men and others who have rendered service or
The term suit provided by law clearly implies only civil furnished materials for the construction of the building
actions. (Manalo vs. CA, G.R. No. 129242, January 26, (Art. 155);
2000) On the other hand, Art. 332 of the Revised Penal 3. Debts secured by mortgages on family home (Art. 155);
Code provides for exemption from criminal, but not civil 4. Nonpayment of taxes on home (Art. 155)
liability, for the crimes of theft, swindling or malicious
mischief committed or caused by the following: If ever the family home is subject of an attachment, the
1. Spouses, ascendants and descendants, or relative by beneficiaries thereof have to move for the quashal of
affinity in the same line; the writ of attachment. If no motion for the quashal of
2. The widowed spouse with respect to the property which the writ or attachment or levy is filed, the benefit of
belonged to the deceased spouse before the same shall exemption is considered waived (Honrado v. Court of
After 10 years and a minor beneficiary still lives therein, P ATERNITY AND F ILIATION
the family home shall be preserved only until that minor
beneficiary reaches the age of majority. The intention of
the law is to safeguard and protect the interests of the Paternity and filiation
minor beneficiary until he reaches the age of majority It refers to the relationship existing between parent and
(Perla G. Patricio vs. Marcelino G. Dario III, G.R. No. child (Noe v. Velasco, 61 O.G. 411).
170829, November 20, 2006).
Paternity
The family home is shielded from immediate partition It is the civil status relationship of the father to the child.
under Article 159 regardless of its ownership. This
c. Serious illness of the husband which absolutely Exception: The heirs may impugn within the same period
prevented sexual intercourse in the following cases:
1 If the husband dies before the expiration of the period
Note: Must be such as to absolutely prevent him from fixed for bringing his action
engaging in sexual intercourse. Hence in Andal v. 2 If he should die after the filing of the complaint without
Macaraig (G.R. No. L-2474, May 30, 1951), the Court having desisted therefrom; or
ruled that the fact that the husband was seriously sick
3 If the child was born after the husbands death (Art. Child born at any time after June 28, 2012 (even if before
171). July 26, 2012) is presumed to be filiated with the second
husband.
An assertion by the mother against the legitimacy of her
child cannot affect the legitimacy of the child born or Note: The legitimacy or illegitimacy of a child born after
conceived within a valid marriage. A mother has no right three hundred days following the termination of the
to disavow a child because maternity is never uncertain marriage shall be proved by whoever alleges such
(Concepcion v. CA, GR No 123450, August 31, 2005). illegitimacy or illegitimacy (Art. 169).
The death of the putative father does not ipso facto Note: Art. 169 negates any presumption of filiation for a
negate the application of DNA testing for as long as child born after 300 days from the termination of a
appropriate biological samples of his DNA exist. In such a marriage, in the absence of a subsequent marriage (Sta.
case the petitioner must show the impossibility of Maria, M., Persons and Family Relations, 2010, p. 627).
obtaining an appropriate biological sample that can be
utilized for the conduct of DNA testing (Estate of Rogelio PROOF OF FILIATION
Ong v. Diaz, G.R. No. 171713, December 17, 2007). General Rule: Filiation of legitimate (or illegitimate)
children is established by any of the following: (RA)
STATUS OF CHILDREN BORN WITHIN 300 DAYS 1. The record of birth appearing in the civil registry or a
FROM THE TERMINATION OF A FIRST MARRIAGE final judgment
AND THE CELEBRATION OF A SUBSEQUENT 2. An admission of legitimate (or illegitimate) filiation in a
MARRIAGE (Art. 168 and 169) public document or a private handwritten instrument
and signed by the parent concerned.
Requisites: (TSWBN)
1. First marriage terminated Exceptions: In the absence of any of the foregoing
2. Mother contracted subsequent marriage evidence, such legitimate or illegitimate filiation shall be
3. Subsequent marriage was contracted within 300 days proved by: (OA)
after termination of previous marriage
4. Child was born within 300-day period 1. Open and continuous possession of the status of a
5. No evidence as to status of child legitimate or illegitimate child;
2. Any other means allowed by the Rules of Court and
Rules on presumption of filiation in case of two special laws (Art. 172).
marriages: a. An act or declaration concerning pedigree (Sec. 33,
1. To first marriage, if child was born before the lapse of Rule 130, Rules of Court)
180 days after celebration of 2nd marriage, provided it b. Family reputation or tradition concerning pedigree
was born within 300 days after termination of the 1st (Sec. 34, Rule 130, Rules of Court)
marriage. c. Common reputation respecting pedigree (Sec. 35,
2. To second marriage, if child was born after 180 days Rule 130, Rules of Court)
following celebration of 2nd marriage, whether born d. Judicial admission (Sec. 2, Rule 129, Rules of Court)
within 300 days after termination of 1st marriage or e. Admission of a party (Sec. 22, Rule 130, Rules of
afterwards (Art. 168). Court)
f. Admission by silence (Sec. 23, Rule 130, Rules of
Illustration: Court)
Termination of first marriage: October 1, 2011
Celebration of second marriage: January 1, 2012 Baptismal certificate, judicial admission, family bible,
300th day from termination of first marriage: July 26, 2012 evidence of pedigree, admission by silence,
180th day from celebration of second marriage: June 28, testimonies of witnesses and other pieces of
2012 evidence under Rule 130, Rules of Court may be
proofs of filiation (Cruz vs. Cristobal, G.R. No.
Hence: 148247,August 7, 2006).
Child born on or before June 28, 2012 is presumed to be
filiated to the first husband. In Dela Cruz vs. Garcia (G.R. No. 177728, July 31,
2009), a handwritten autobiography of the father was
recognized as evidence of filiation although not
signed. The Court ruled that where the private
Continuous does not mean that the concession of Illegitimate children may use the surname of their
status shall continue forever but only that it shall not be father if:
of an intermittent character while it is continuous. The 1. Their filiation has been expressly recognized by the
possession of such status means that, the father has father through the record of birth appearing in the civil
treated the child as his own, directly and not through register, or
others, spontaneously, and without concealment, 2. When an admission in a public document or private
though without publicity. There must be a showing of handwritten instrument is made by the father; Provided,
permanent intention of the supposed father to consider that the father has the right to institute an action before
the child as his own by continuous and clear the regular courts to prove non-filiation during his
manifestation of paternal affection and care (Mendoza lifetime.
vs. CA, G.R. No. 86302 September 24, 1991).
LEGITIMATED CHILDREN
The paternal affection and care must not be attributed
to pure charity. Such acts must be of such a nature that Legitimation
they reveal not only the conviction of paternity, but also
It is a remedy by means of which those who in fact were ascendants (Art. 181)
conceived and born outside of wedlock and should 4. Legitimation may be impugned only by those who are
therefore be considered illegitimate are by legal fiction prejudiced in their rights.
considered legitimate. It shall take place only by the Generally refers to those who would suffer economic or
subsequent valid marriage between the biological parents. material injury by legitimation such as testamentary or
intestate heirs (Sta. Maria, M., Persons and Family
Requisites: (NIM) Relations, 2010, p. 663).
1. The child is illegitimate.
2. The parents at the time of the childs conception are not Legitimation may be impugned within 5 years from the
disqualified by any impediment from marrying each time their cause of action accrues, that is, from the
other or were so disqualified only because either or both death of the putative parent.
of them were below eighteen (18) years of age (Art.
177, as amended by R.A. 9858). Legitimation may be impugned on grounds like:
3. There is a valid marriage subsequent to the childs birth a. The subsequent marriage of the childs parents is
(Art. 178). void;
b. The child allegedly legitimated is not natural; or
Note: Children born out of wedlock to parents who were c. The child is not really the child of the alleged
not allowed by law to marry for being minors are now parents.
qualified for legitimation. This has been made possible by
RA 9858, approved on December 20, 2009 and has A DOPTION
amended Article 177 of the Family Code of the
Philippines. Before RA 9858, Article 177 stated that only
children born out of wedlock to parents who were not The process of making a child, whether related or not to
disqualified from getting married at the time of conception the adopter, possess in general, rights accorded to a
could be legitimized.Under the present law, legitimation legitimate child (Paras, E. Civil Code of the Philippines
would automatically take place upon marriage of the Annotated, 2002 ed., p. 685).
parents. Moreover, couples who had children when they
were below the marrying age would not need to go Adoption statutes, being humane and salutary, hold the
through the process of having to adopt their own offspring interest and welfare of the child to be of paramount
just so their kids could enjoy the rights of legitimate consideration and are designed to provide homes,
children. parental care and education for unfortunate, needy or
orphaned children and give them the protection of society
Notes: Laws providing for the process of legitimation are and family in the person of the adopter as well as to allow
remedial in character intended for the benefit and childless couples to experience the joys of parenthood
protection of the innocent offspring and, therefore, may be and give them legally a child in the person of the adopted
applied retrospectively (Lunds Estate, 162 ALR 606) and for the manifestation of their natural parental instincts.
must be liberally construed (Cardenas vs. Cardenas, 12 Every reasonable intendment should be sustained to
Ill. App 2d 497, 63 Alr2rd 1001 as cited in Sta. Maria, p. promote and fulfill these noble and compassionate
659). objectives of the law (In re: Petition for adoption of
Effects of legitimation: Michelle P. Lim, G.R. No. 168992-93 May 21, 2009).
1. Legitimated children shall enjoy the same rights as
legitimate children (Art. 179) Nature of adoption proceedings
1. Adoption is a juridical act. Only an adoption made
Note: Legitimation creates for the legitimated child the through the court, or in pursuance with the procedure
total and full extent of the blood-relationship existing laid down under Rule 99 of the Rules of Court is valid in
within the family to include all descendants, ascendants this jurisdiction. It is not of natural law at all, but is
and collateral relative, unlike in adoption where only a wholly and entirely artificial. To establish the relation,
parent-child relationship is created. (Sta. Maria, M., the statutory requirements must be strictly carried out,
Persons and Family Relations, 2010, p. 661) otherwise, the adoption is an absolute nullity (Lazatin
vs. Hon. Judge Campos, G.R. No. L-42955-56 July 30,
2. The effects of legitimation shall retroact to the time of 1979).
the childs birth (Art. 180) 2. Adoption proceedings are IN REM and publication
3. The legitimation of children who died before the serves as constructive notice to the whole world
celebration of the marriage shall benefit their (Santos vs. Aranzanso, L-23828, February 28, 1966).
f. Has not been convicted of any crime involving moral Other factors to be considered in evaluating prospective
turpitude parents:
g. Emotionally and psychologically capable of caring for 1. Total personality of the applicants
children 2. Emotional maturity
3. Quality of marital relationship
2. Alien (S-DELL) 4. Feeling about children
a. Same qualifications as a Filipino 5. Feeling about childlessness and readiness to adopt
b. Country has diplomatic relations with the Philippines. 6. Motivation (Sta. Maria, M., Persons and Family
c. Certified by said office that his government allows the Relations, 2010, p. 681).
adoptee to enter his country as his adopted child
d. Has been living in the Philippines for at least three (3) Who may be adopted: (Sec. 8) (DARILL)
continuous years prior to the application for adoption 1. Child whose biological or adoptive parents have died,
and maintains such residence until the adoption provided that no proceedings shall be initiated within 6
decree is entered, months from the time of death of said parents
e. Certified to have legal capacity to adopt by his/her 2. Any person below 18 years of age who has been
Effects of rescission: (Sec. 20) (PRAS) There shall be no physical transfer of a voluntarily
1. Parental authority of adoptees biological parents or committed child earlier than six (6) months from the date
legal custody of DSWD shall be restored if adoptee is of execution of Deed of Voluntary Commitment except:
still a minor or incapacitated. 1. Adoption by a relative
2. Reciprocal rights and obligations of the adopter(s) and 2. Children with special medical conditions
the adoptee to each other shall be extinguished.
3. Amended certificate of birth of the adoptee shall be Who may adopt (Sec. 9)
cancelled and its original shall be restored. 1. Any alien or
4. Succession rights shall revert to their status prior to the 2. Filipino citizen, both permanently residing abroad
adoption, but vested rights shall be respected.
Conditions: (JAC-NERD--PQ)
1. If married, his/her spouse must jointly file for the (Sec. 44, Implementing Rules of RA 8043)
adoption 2. The adopting parent(s) shall submit to the governmental
2. At least 27 years of age and at least 16 years older than agency or authorized and accredited agency, which
the child to be adopted, at the time of the application shall in turn transmit a copy to the Board, a progress
unless the adopter is: report of the childs adjustment.
a. Parent by nature of the child to be adopted or
b. Spouse of such parent Disruption and termination of placement: (Sec. 47,
3. Capacity to act and assume all rights and Implementing Rules of RA 8043)
responsibilities of parental authority under his/her In the event of serious damage in the relationship
national laws, and has undergone the appropriate between the child and applicant; or when the continued
counseling from an accredited counselor in his/her placement is no longer in the best interests of the child:
country
4. Has not been convicted of a crime involving moral a. The Board through the Central Authority shall take
turpitude necessary measures to protect the child, in particular
5. Eligible to adopt under his/her national law cause the child to be withdrawn from the applicant
6. Agrees to uphold the basic rights of the child as and arrange for his temporary care
embodied under Philippine laws, the U.N. Convention b. The Central Authority shall exhaust all means to
on the Rights of a Child, and to abide by the rules and remove cause of unsatisfactory relationship
regulations issued to implement the InterCountry c. The Central Authority shall submit at complete report
Adoption Act to the Board as to the actions taken as well as
7. Comes from a country with whom the Philippines has recommendations.
diplomatic relations and whose government maintains a d. Based on the report submitted by the Central
similarly authorized and accredited agency and that Authority, the Board may terminate the pre-adoptive
adoption is allowed under his/her national laws relationship.
8. In a position to provide the proper care and support and
to give the necessary moral values and examples to all Note: If the pre-adoptive relationship is found
his children, including the child to be adopted unsatisfactory by the child or the applicant or both, or if
9. Possesses all the qualifications and none of the the foreign adoption agency finds that the continued
disqualifications under the InterCountry Adoption Act placement of the child is not in the childs best interest,
and other applicable Philippine laws said relationship shall be suspended by the Board and the
foreign adoption agency shall arrange for the childs
Filing of application (Sec.10): Either with the Philippine temporary care.
RTC having jurisdiction over the child OR with the Inter-
Country Adoption Board, through an intermediate agency If a satisfactory pre-adoptive relationship is formed
between the applicant and the child, the Board shall
Inter-Country Adoption Board (Sec. 4) submit the written consent to the adoption to the foreign
It acts as the central authority in matters relating to inter- adoption agency within 30 days after receipt of the latters
country adoption. request.
The Board shall ensure that all possibilities for the A copy of the final decree of adoption of the child,
adoption of the child under the Family Code have been including certificate of citizenship/naturalization whenever
exhausted and that intercountry adoption is in the best applicable, shall be transmitted by the foreign adoption
interest of the child. agency to the Board within 1 month after its issuance
(Sec. 53, Implementing Rules of RA 8043)
Supervision of trial custody (Sec. 14)
Mandatory period of 6 months from the time of placement Presumption of illegal adoption: (Sec. 57,
before a decree of adoption may be issued. During this Implementing Rules of RA 8043) (CPEN)
period, the adopting parents shall submit a progress 1. Consent for adoption was acquired through or attended
report of the childs adjustment which shall be taken into by coercion, fraud, improper material inducement
consideration in issuing the decree of adoption. 2. Procedures and safeguards provided by law for
adoption were not complied with
1. Starts upon actual physical transfer of the child to the 3. Has exposed or subjected the child to be adopted to
applicant who, as actual custodian, shall exercise danger, abuse or exploitation
substitute parental authority over the person of the child 4. No authority to effect adoption from the Board
Note: Art. 197 providing for the source from where the In case of or urgent need and special circumstances, the
support should be taken out highlights the fact that the court may order only one of them to furnish support
people enumerated in Art. 195 have a personal obligation provisionally subject to the right to claim from the others
to support each other (Sta. Maria, M., Persons and Family the share due them (Art. 200 [2nd par]).
Relations, 2010, p. 763).
When two or more recipients at the same time claim for
For support of legitimate ascendants, descendants support and the person legally obliged to give does not
(legitimate/illegitimate), brothers and sisters have sufficient means to satisfy all claims:
(legitimate/illegitimate), only separate property of person 1. The order of liability provided by law shall be followed.
obliged to give support shall be answerable. In the
Demand for support (Art. 203) Exemption of support from attachment or execution
The obligation to give support shall be demandable from The right to receive support as well as money or property
the time the person who has a right to receive the same obtained as such support shall not be levied upon on
needs it for maintenance, but it shall not be paid except attachment or execution (Art. 205). But in case of
from the date of judicial or extrajudicial demand. contractual support or that given by will, the excess in
amount beyond that required for legal support shall be
Support must be demanded and the right to it established subject to levy on attachment or execution (Art. 208).
before it becomes payable. For the right to support does
not arise from the mere fact of relationship, even from Only salary "due" the judgment debtor is subject to
relationship of parents and children, but from imperative attachment and execution, and then only if it is not made
necessity without which it cannot be demanded, and the to appear by the affidavit of the debtor or otherwise that
law presumes that such necessity does not exist unless such earnings are necessary for the support of his family.
support is demanded. (Sy vs. CA, G.R. No. 124518, Dec. Under the Revised Rules, so much of the earnings of the
17, 2007) debtor for his personal services within the month
preceding the levy as are necessary for the support of his
Payment of the amount for support starts only from the family (Sec. 12, Rule 39) is exempt from execution
time support has been judicially or extra-judicially (Avendao vs. Alikapala, G.R. No. L-21189 November
demanded for the right to support does not arise from the 28, 1964).
mere fact of relationship but from imperative necessity
without which it cannot be demanded, and the law
presumes that such necessity does not exist, unless P ARENTAL A UTHORITY (PA)
support is demanded (Jocson vs. Empire Insurance Co.,
G.R. No. L-10792, April 30, 1958). Parental authority is the sum total of the right of the
parents over the persons and property of their
Performance of obligation to support (Art. 204) unemancipated children. It is pursuant to the natural right
1. Paying the allowance fixed; or and duty of parents over the same and it includes caring
2. Receiving and maintaining in the family dwelling the for and rearing of such children for civic consciousness
person who has a right to receive support provided that and efficiency and the development of their moral and
there is no moral or legal obstacle to do so. physical character and well-being (Art. 209).
Note: The law provides that the husband, who is obliged Parental Preference Rule
to support the wife, may fulfill the obligation either by The natural parents, who are of good moral character and
paying her a fixed pension or by maintaining her in his who can reasonably provide for the child, are ordinarily
own home at his option. However, this option given by entitled to custody as against all other persons (Sta.
law is not absolute. The law will not permit the husband to Maria, M., Persons and Family Relations, 2010, p. 789).
evade or terminate his obligation to support his wife if the
wife is driven away from the conjugal home because of his Parental authority and responsibility are inalienable and
wrongful acts. In the case at bar, the wife was forced to may not be transferred or renounced except in cases
authorized by law. The right attached to parental authority, descendant or by one parent against the other (Art. 215,
being purely personal, the law allows a waiver of parental FC in relation to Sec. 25, Rule 130 of the Rules on
authority only in cases of adoption, guardianship and Evidence)
surrender to a childrens home or an orphan institution.
When a parent entrusts the custody of a minor to another, In Emma Lee vs. CA (G.R. No. 177861, July 13, 2010),
such as a friend or godfather, even in a document, what is the person (Tiu) who invoked the filial privilege, claims
given is merely temporary custody and it does not that she is the stepmother of petitioner Lee. The Supreme
constitute a renunciation of parental authority. Even if a Court declared that the privilege cannot apply because the
definite renunciation is manifest, the law still disallows the rule applies only to direct ascendants and descendants,
same. The father and mother, being the natural guardians a family tie connected by a common ancestry. A
of unemancipated children, are duty-bound and entitled to stepdaughter does not have a common ancestry by her
keep them in their custody and company (Sagala-Eslao stepmother. Relative thereto, Art. 965 of the NCC provides
vs. CA, G.R. No. 116773, January 16, 1997). that the direct line is either descending or ascending. The
former unites the head of the family with those who
The right of custody accorded to parents springs from the descend from him. The latter binds a person with those
exercise of parental authority. (Santos vs. CA, G.R. No. from whom he descends. Consequently, Tiu can be
113054 March 16, 1995) compelled to testify against petitioner Emma Lee.
This rule is not strictly a rule on disqualification because a
Rules on the exercise of parental authority descendant is not incompetent or disqualified to testify
Joint parental authority by the father and mother over the against an ascendant. The rule refers to a privilege not to
persons of their common children, whether legitimate or testify, which can be invoked or waived like other
illegitimate. In case of disagreement, the fathers decision privileges. As correctly observed by the lower court, Elven
shall prevail unless there is a judicial order to the contrary was not compelled to testify against his father; he chose
(Art. 211) to waive that filial privilege when he voluntarily testified
against Artemio. Elven declared that he was testifying as a
Under Art. 176, parental authority of illegitimate children is witness against his father of his own accord and only "to
generally with the mother. To harmonize Art. 176 with Art. tell the truth (People vs. Invencion, G.R. No. 131636
211, joint parental authority may be exercised over March 5, 2003).
illegitimate children if:
1. The father is certain, and In line with the filial privilege under Art. 215 of the Family
2. The illegitimate children are living with the said father Code is the marital privilege provided for under Sec. 24
and mother who are cohabiting without the benefit of (a) of Rule 130 of the Rules of Court which states that:
marriage or under a void marriage not falling under
Arts. 36 and 53.( Sta. Maria, M., Persons and Family The husband or the wife, during or after the marriage,
Relations, 2010, p. 781) cannot be examined without the consent of the other as to
any communication received in confidence by one from
Note: The recognition by the father could be a ground for the other during the marriage except in a civil case by one
ordering him to give support, but not custody of the child. against the other, or in a criminal case for a crime
Only if the mother defaults can the father assume such committed by one against the other or the latter's direct
custody or authority. Only the most compelling of reasons, descendants or ascendants.
such as the mothers unfitness to exercise sole parental
authority shall justify deprivation of her parental authority Rules in case parental authority cannot be exercised
and the award of custody to someone else (Briones vs. jointly (Art. 212 to 214)
Miguel, G.R. No. 156343 October 18, 2004). Cause of absence of Effect on parental
parent authority
Duties of Children towards their Parents Absence or death of one PA continued by the
1. To observe respect and reverence toward their parents; parent parent present or
2. To obey their parents as long as they are under their surviving parent
parental authority. In case of remarriage of PA continued to be
the surviving parent exercised by surviving
Rule of filial privilege parent unless court
No descendant shall be compelled, in a criminal case, to appoints another person
testify against his parents and grandparents, except when a guardian
such testimony is indispensable in a crime against the
The same order of preference shall be observed when Parental authority shall be entrusted in summary
appointment of guardian over property of child becomes judicial proceeding to:
necessary. 1. Heads of childrens homes,
2. Orphanages, or
Private respondents' (grandparents) demonstrated love 3. Similar institutions duly accredited by the proper
and affection for the boy, notwithstanding, the legitimate government agency (Art. 217)
father is still preferred over the grandparents. The latter's SPECIAL PARENTAL AUTHORITY (Art. 218 and 219)
wealth is not a deciding factor, particularly because there Can only be exercised over minors while under their
is no proof that at the present time, petitioner is in no supervision, instruction or custody. The authority and
position to support the boy. The fact that he was unable to supervision also attach to all authorized activities whether
provide financial support for his minor son from birth up to inside or outside the school, entity or institution.
over three years when he took the boy from his in-laws
without permission, should not be sufficient reason to strip The following shall be held principally and solidarily liable
him of his permanent right to the child's custody. While for damages caused by the acts or omissions of the
petitioner's previous inattention is inexcusable and merits unemancipated minor:
only the severest criticism, it cannot be construed as 1. School
abandonment. His appeal of the unfavorable decision
against him and his efforts to keep his only child in his No distinction between academic or non-academic (arts
custody may be regarded as serious efforts to rectify his and trades)
past misdeeds. To award him custody would help enhance
the bond between parent and son. It would also give the Note: In Amadora vs. CA (G.R. No. L-47745 April 15,
father a chance to prove his love for his son and for the 1988), the Court has come to the conclusion that the
son to experience the warmth and support which a father Art. 218 and 219 should apply to all schools, academic
can give (Santos vs. CA, G.R. No. 113054 March 16, as well as non-academic. Where the school is academic
1995). rather than technical or vocational in nature,
responsibility for the tort committed by the student will
Note: The person exercising substitute parental authority attach to the teacher in charge of such student,
shall have the same authority over the person of the child following the first part of the provision. This is the
as the parents (Art. 233). general rule. In the case of establishments of arts and
trades, it is the head thereof, and only he, who shall be
Rule in case of foundlings, abandoned, neglected or held liable as an exception to the general rule. In other
abused children and other children similarly situated: words, teachers in general shall be liable for the acts of
(Art. 217) their students except where the school is technical in
nature, in which case it is the head thereof who shall be
Foundling answerable. Following the canon of reddendo singula
Newborn child abandoned by its parents who are singulis "teachers" should apply to the words "pupils
unknown (Bouviers Law Dictionary, 3rd Revision, p. 1293) and students" and "heads of establishments of arts and
trades" to the word "apprentices."
Abandoned child
One who has no proper parental care or guardianship, or 2. Administrators and teachers
those whose parents or guardians have deserted him for a 3. Individual, entity or institution engaged in child care
period of at least six continous months [Art. 141 (2), PD
603]
F UNERALS
b. The spouse is preferred as the legal representative Absence under ordinary circumstances
except when they are legally separated. (Art. 390)
c. If absentee left no spouse, any competent person any
Presumed dead for
be appointed.
purposes of opening
succession
2. Declared absence (Art. 384)
a. Without administrator - When a person disappears
Exception:
from his domicile, and 2 years have elapsed without
10 years If at the time of
any news about him, or since the receipt of the last
disappearance person was
news.
already 75 years old, 5
b. With administrator 5 years have elapsed
years of absence is
sufficient for this
The following may ask for the declaration of absence:
presumption to apply.
i. Spouse present
ii. Testate or Intestate heirs Presumed dead for
iii.Other persons subordinated to rights by death. 4 years purposes of remarriage of
the spouse present
The judicial declaration of absence shall not take effect
until six months after its publication in a newspaper of Absence under extraordinary circumstances/
general circulation (Art. 386) Qualified absence (Art. 391)
Presumed dead for all
An administrator of the absentees property shall be
4 years purposes including
appointed.
opening of succession
When the wife is appointed as an administratrix, she Presumed dead for
2 years
cannot alienate or encumber the husbands property or purposes of remarriage
that of the conjugal property without judicial authority.
1. Fix the time and place for the hearing of the same
2. Cause reasonable notice thereof to be given to the
persons named in the petition.
3. Cause the order to be published once a week for 3
consecutive weeks in a newspaper of general
circulation in the province. (Sec. 4)