Professional Documents
Culture Documents
Maria)
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Persons and Family Relations 2009 (Atty. Sta. Maria)
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Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 8: Judicial decisions form - Judicial decisions, applying and interpreting laws and the
case laws Constitution, assume the same authority as laws.
Art. 9: Responsibility of the - Judges must not evade performance of their responsibility because of
courts an apparent non-existence or vagueness of a law governing a
particular legal dispute.
Art. 10: It is presumed that the - The court must first apply the law, only when there is ambiguity
lawmaking body intended right in its application should there be any kind of interpretation.
and justice to prevail - The interpretation should be in line with the intent of the
legislature or the end sought to be attained.
Art. 11: Customs CUSTOM: a rule of conduct formed by repetition of acts, uniformly
Art. 12: Customs must be observed as a social rule, which is legally binding and has obligatory
proved accdg. to the rules of force.
evidence. JURIDICAL CUSTOM: Can be a supplement/addition to a statutory law
unlike a social custom, which cannot do so.
Art. 13: Years, days, months Years: 365 days each
Months: 30 days – if designated by their name, they shall be computed
by the number of days that they respectively have
Hour: 24 hours
Nights: Sunset to sunrise
- In computing a period first day exclude last day included
Art. 14: Penal laws - All citizens or foreigners who sojourner are subject to all penal Exception:
laws and laws meant for public security and safety. Foreigners who are immune from
- suit and thus cannot be charged
(diplomatic agents)
Art. 15: Nationality rule - Regardless of where a citizen of the Philippines might be he or Thus a Filipino cannot get a
she will still be governed by Philippine laws when it comes to divorce even if he or she goes
family rights, duties, or to his or her legal status and legal abroad, since divorce is not
capacity, recognized in the Philippines
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Art. 16: Real & Personal - Real and Personal Property are subject to the law of the
Property country where it is found. However, when it comes to the
order, amount, and intrinsic validity of the succession it shall
be regulated by the law of the person whose succession is
being considered regardless of where the property is to be
found.
Art. 17: Forms and Solemnities Extrinsic validity: the laws shall govern the forms of contracts and
of contracts/will, acts done wills where they are made. Thus a will made in the U.S. must follow the
before consular officials, laws regarding the forms of wills in the U.S.
prohibitive laws Acts before Diplomatic and Consular Officials: Any act or contract
made in a foreign country made before the diplomatic and consular
officials must also conform to Philippine laws. This is because in the
premises of a diplomatic office the foreign country waives its
jurisdiction so the Philippine laws govern in the premises of the
Philippine Diplomatic Office in foreign countries.
Prohibitive Laws: Prohibitive laws concerning property, persons, their
acts and those meant for public order, public policy, or good customs
will continue to be in effect even if the person is in a different country
with different laws.
Ex. A Filipino gets married to 2 women in another country where
bigamy is legal, the second marriage is void since bigamy is not
permitted in the Philippines.
Art. 18: Deficiency in the Code - When there are deficiencies in the Code of Commerce and
of Commerce and special laws Special Laws the civil code will govern such deficiency.
Ex. In the Code of Commerce there is no stated prescription date for a
certain act, thus the provisions on prescription in the civil code will
govern.
- However one must check the kind of transaction at hand and
whether the civil code provision is applicable
Ex. In a previous case, the Carriage of Goods by Sea Act there is a
one year prescription for making a claim for loss or damage and the
plaintiff believed that he could extend the prescriptive period by giving
a written demand pursuant to Art. 1155 of the civil code, especially
since the civil code is meant to be supplementary according to Art. 18.
However the Supreme Court ruled that it was not applicable because
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Art. 26: Respect privacy of - Meant to enforce the right of one to his privacy in one’s own home, religious
others. Respect for human freedom, prevent moral suffering, vexation, humiliation,
dignity
Art. 27: Public servant refuses - One may file an action for damages against the officer who does not perform *If the officer is no day off,
or neglects to do his duty his official duty without just cause. then one cannot file an
without just cause - A public officer who commits a tort or other wrongful act is still liable to the action against him.
victim.
Art. 28: Unfair competition - Necessary to promote a system of free enterprise and a fair chance for
others to engage in business and earn a living.
Art. 29: Civil action when guilt - If in a criminal case, the accused is not proven guilty beyond reasonable
is not proved beyond doubt a civil action may be made and the degree of proof necessary is only a
reasonable doubt preponderance of evidence which means that more evidence is adduced to
prove the guilt of the accused compared to that to defend him.
Art. 30: Civil obligation arising - A civil obligation arising from a criminal offense only needs a preponderance
from a criminal offense of evidence as the quantum of proof,
Art. 31: Civil obligation not - Usually a criminal proceeding, if commenced, must be terminated
arising from the felony before a civil proceeding can begin. If a civil proceeding has begun
and later on a criminal proceeding is filed, the civil proceeding is put
on hold until the criminal proceeding has finished.
- However when the civil obligation is separate from the crime
committed it may proceed independently of the criminal proceeding.
- Certain injuries do not arise from the commission of a crime.
Ex. A bus driver crashes the bus because he is drunk. The civil action here is
based from the breach of the contractual obligation of all common carriers to
take extra diligence in driving his passengers. The criminal action here is
based on the driver’s criminal negligence. The first is governed by the civil
code and the second is from the Revised Penal Code.
Art. 32: Civil action for - Necessary to have an absolute separate and independent civil action for the
violation of constitutional violation of civil liberties for the effective maintenance of democracy.
rights
Art. 33: Civil action for - Principle is to allow the citizen to enforce his rights regardless of State action *Criminal negligence
violation of private rights so that citizens will not depend upon the government for the vindication of (reckless imprudence) is
their own private rights. not included in this article,
- Includes fraud, defamation, physical injuries and are understood in their thus an independent action
ordinary sense. for such cannot be made
independently from the
criminal prosecution.
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1
An accessory penalty for the commission of an offense, which deprives the offender during the time of his sentence the rights of parental authority, or
guardianship, right to manage his property and the right to dispose of such property by any act.
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Modify/limit capacity to act: age, insanity, imbecility, the state of being a deaf-
mute, penalty, prodigality, family relations, alienage, absence, insolvency, and
trusteeship.
NATURAL PERSONS
Art. 40: Commencement of - Birth determines personality but the conceived child shall be -For purposes of
Civil personality considered born for all purposes that are favorable to it. Provided that inheritance and succession,
the conceived child is later born with the conditions in Art. 41. a child conceived at the
Art. 41: conditions to - The fetus is considered born if it is alive from the time it was time of death of the
determine when the child is completely delivered from the mother’s womb. BUT if the fetus was decedent can s
considered conceived. alive in the womb for less than 7 months it is not deemed born if it
dies within 24 hours it is delivered form the womb.
Art. 42: Civil personality - Death puts an end to civil personality
extinguished at death - Dead person continues to have personality only through contract, will,
or as determined by law. – Creditors can still claim from the estate of
the deceased any obligation due to them.
- No human body shall be buried unless the proper death certificate
has been presented and recorded however during an epidemic
bodies may be buried provided that the death certificate be secured
within 5 days after the burial.
Art. 43: Doubt between the - Applies to persons who are called to succeed each other like mother
death of two or more persons and child. (Necessary to determine the amount of inheritance one is
to receive, transmission of rights, etc.)
- If there is no proof as to who died first, they are presumed to have
died at the same time and thus no transmission of rights from one to
the other.
- Proof of death cannot be established from mere inference or
presumptions. It must be established by clear positive evidence.
JURIDICAL PERSONS
Art. 44: Who are juridical JURIDICAL PERSON: Being of legal existence susceptible of rights and
persons obligations.
1. State: organized corporate society under a government with the legal
Art. 45: What governs juridical competence to exact obedience of its commands. It can enter into
persons treaties and contracts.
- The state cannot be sued without its consent (implied or expressed)
Art. 46: Rights and obligations 2. Political subdivisions: municipal corporations that consist of
of juridical persons provinces, cities and municipalities. They can be sued because it is
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granted by their charters but they are generally not liable for torts
committed in the discharge of their governmental functions.
3. Corporation: An artificial being created by operation of law and has
the powers and attributes granted to it by the law, which created it.
4. Partnership: 2 or more persons bind themselves to make
contributions to a common fund with the intention of dividing the
profits among themselves.
*Corporations, partnerships, and associations for private interest and purpose
may be granted a separate and distinct personality from the shareholders or
members (this is known as the veil of corporate fiction). However, this veil
may be pierced, thus making the shareholders and members liable, when the
fiction is used to defeat public convenience, justify wrong, protect fraud,
defend crime, perpetrate deception, etc.
*State and political subdivisions, other corporations, institutions, and entities
for public interest or purpose are governed by the laws creating them.
*Private corporations are regulated by laws of general application on the
subject
*Partnerships are governed by the provisions of this Code concerning
partnerships
*Juridical persons may acquire and possess property of all kinds and incur
obligations in conformity with the laws and regulations of their organization.
Art. 47: Dissolution of - Upon the dissolution of such entities mentioned above, their
corporations properties and other assets should be disposed of in pursuance of
law or the charter creating it.
- If there is nothing in the law, it shall be applied for a similar purpose
for the benefit of the region/province/city it is in.
CITIZENSHIP AND DOMICILE
Art. 48: Who are Citizens of the Philippines: Jus Sanguinis: Refers to
citizens of the 1. Those who are citizens at the time of the adoption of the Philippine citizenship by blood. This is the
Philippines Constitution. concept followed in the
2. Those born in the Philippines, before the adoption of the said constitution, Philippines.
Art. 49: Naturalization with foreign parents who have been elected to public office in the Jus Soli: Refers to citizenship
and reacquisition of Philippines. on the basis of the place of birth
loss citizenship 3. Those whose Fathers are Filipino
4. Those whose mothers are Filipino and elect Philippine Citizenship when Acquisition of Citizenship: for
Art. 50: Domicile of they reach the age of majority. a foreigner to be able to become
natural persons 5. Those who are naturalized a Philippine citizen, a proper
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DOMICILE: Fixed permanent resident, a place wherein, although one may be petition shall be filed in the
absent from, one still has the intention of returning and remaining for an unlimited proper court.
time. There is only one domicile.
- A minor follows the domicile of his parents Ground for Reacquisition of
Change in Domicile: Citizenship:
1. An actual removal or an actual change or domicile 1.By naturalization
2. A bona fide intention of abandoning the former domicile and establishing 2.Repatriation of deserters of the
a new one. Army, Navy or Air Corps.
3. Act, which correspond with the purpose (physical presence in the area, (Woman who has lost her
move family in area, register as a voter in the area, etc.) citizenship by reason of
RESIDENCE: Indicates a place of abode whether permanent or temporary, not marriage to an alien may be
necessarily the domicile. There may be more than one residence. repatriated after the termination
Art. 51: Domicile of - When the law creates or recognizes a juridical person but doesn’t fix the of her marital status)
juridical person domicile it shall be understood to be the place where it has legal representation 3.By direct act of congress
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THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3, 1988 signed by President Corazon Aquino (Executive Order 209)
REQUISITES OF MARRIAGE:
Article Summary of Annotation Additional
Info/Exceptions/Connected
with:
Art. 1: Marriage is a special contract of permanent Nature of Marriage: *Marriage as a special
union between a man and a woman entered into in -Marriage is one of the “basic civil rights of man.” The contract cannot be restricted
accordance with the law for the establishment of freedom to marry has been recognized as a vital by discriminatory policies of
conjugal and family life. personal right towards the pursuit of man’s happiness. private individuals or
It is the foundation of the family and an inviolable -Still considered as a special civil contract regulated by corporations.
social institution whose nature, consequences, and law due to the high state interest in protecting and
incidents are governed by law and not subject to safeguarding the family. MAIL-ORDER BRIDE:
stipulation, except that marriage settlements may fix -A contract to marry, unlike other contracts, cannot be considered as a criminal
the property relations during the marriage within the modified or changed. Once it is executed a relation is offense because marriage is
limits provided by the code. formed between the parties that cannot be altered. The vested with public interest.
law steps in to hold or bind the parties together. (Connected with the Anti-
-A subsequent marriage between the rapist and raped Trafficking Act)
victim extinguishes the criminal action or penalty of the Acts punished:
rapist. In case of marital rape2 1. Carry on such a business
2. To advertise the promotion
Marriage Status: Marriage creates a social status, of such acts.
which the state is interested in protecting. It is a case 3. Solicit or attract or any
where a double status is created, involves and affects Filipino woman to become a
two persons. member in a club that
matches women for marriage
Marriage in International Law: men and women of full to foreign nationals for a fee.
age without any limitation due to race, nationality or 4. Use the postal service to
religion have the right to marry and found a family. promote the prohibited acts.
1. Universal Declaration of Human Rights
2. International Covenant on Economic, Social and VALIDITY OF MARRIAGE:
Cultural Rights governed by the law effective
3. International Covenant on Civil and Political Rights. at the time of the celebration
of the marriage.
2
Marital rape is now considered a crime wherein the legal husband is the offender and the wife is the victim. Prior to this marital rape was not considered a crime
because it was considered the right of the husband to have sexual intercourse with his wife whenever he pleased.
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necessary, however, for the contracting parties to VALID MARRIAGE LICENSE: the marriage ceremony the
appear personally before the solemnizing officer and - Lasts for 120 days from the date of issue and marriage will be void)
declare in the presence of not less than two effective within any part of the Philippines only.
witnesses of legal age that they take each other as * Common law marriages,
husband and wife. This declaration shall be MARRIAGE CEREMONY: which are non-ceremonial,
contained in the marriage certificate which hall be - Family code only recognizes ceremonial marriages are not recognized in the
signed by the contracting parties and their witnesses but there is no prescribed form of marriage ceremony. Philippines.
and attested by the solemnizing officer. - The minimum requirement is that the parties
personally appear before the solemnizing officer and
In case of marriage in articulo mortis, when the party declare that they take each other in the presence of at
is at the point of death is unable to sign the marriage least 2 witness of legal age.
certificate, it shall be sufficient for one of the * Declaration does not have to be vocally expressed
witnesses to the marriage to write the name of said may be inferred by the words used, the manner the
party, which fact shall be attested by the solemnizing ceremony was made, etc. If a wedding took place there
officer. is a presumption that there was an exchange of vows.
* The absence of 2 witnesses of legal age is merely
an irregularity in the ceremony and does not affect the
validity of the marriage.
Art. 7: Marriage may be solemnized by: - There is a need to limit the persons who can * Stopovers during a flight or
1. Any incumbent member of the judiciary solemnize marriages since marriage is an voyage are still considered
within the court’s jurisdiction important institution the state wants to part of the journey.
2. Any priest, rabbi, imam, or minister of any safeguard and protect.
church or religious sect duly authorized by - Because the state is interested in marriage, it *If the host country allows
his church or religious sect and registered becomes a party thereto by manifested in the marriages to be solemnized
within the civil registrar general, acting within consent required and granted to limited by consuls then even if
the limits of the written authority granted him number of officers. between a Filipino and non-
by his church or religious sect and provided JUDGES: they can only solemnize marriages within Filipino, the marriage will still
that at least one of the contracting parties their jurisdiction and they must be incumbent. be valid in accordance with
belongs to the solemnizing officers church or Court of Tax Appeals, Sandiganbayan, Court of Art. 26, which recognizes
religious sect Appeals, Supreme Court: National jurisdiction international comity.
3. Any ship captain or airplane chief in cases Absence of jurisdiction would mean the
mentioned in Article 31 absence of the authority of the solemnizing
4. Any military commander of a unit to which a officer and thus the marriage will be null and GOOD FAITH OF PARTIES:
chaplain is assigned, in the absence of the void. if the person who solemnized
the marriage did not legally
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latter, during a military operation, likewise PRIEST/MINISTER OF A CHURCH OR RELIGIOUS have the authority to
only in the cases mentioned in Article 32 or SECT: he should be authorized by the church to do so, solemnize a marriage, if both
5. Any consul-general, consul or vice consul in he must be registered with the civil registry, and at or one of the contracting
the case provided in Article 10. least one of the contracting parties belongs to his or parties believed that such a
her church. person did have the authority
SHIP CAPTIAN/PILOT: one of the parties must be at the marriage will be valid.
the point of death, the marriage must be between the Ex. A priest did not renew his
passengers or crewmembers, and the ship or plane license to marry therefore
must be at sea or in flight. does not have the authority to
An assistant pilot has no authority to solemnize marry. If one of the
marriages even if the main pilot dies. contracting parties knew of
MILITARY COMMANDER: He or she should be a this but the other did not the
military commander of a unit, he or she must be a marriage is still valid.
commissioned officer (his rank should start from
second lieutenant), a chaplain should have been HOWEVER, they must be
assigned to the unit and such chaplain is absent, the one of the people who can be
contracting parties must also be in articulo mortis either authorized if they are not the
members of the military operation or civilians, must be marriage will be void
within military zone (there should be widespread (ignorance of the law excuses
military activity not merely practice). no one)
CONSUL-GENERAL, CONSUL, OR VICE CONSUL: Ex. A couple goes to a janitor
they can only solemnize marriages abroad when both to get married. Even if both
the contracting parties are Filipino. parties are in good faith in
* They also perform the duties of a local civil registrar thinking that a janitor can
(like issuing the license etc.) solemnize a marriage they
* No matter where they are the solemnities and should know who by law are
requirements mandated by Philippine Law shall be authorized to.
observed.
MAYOR: Pursuant to the Local Government Code, the
mayor of a city or municipality can now solemnize
marriages.
* When the mayor cannot perform his duties, the acting
mayor has the authority to solemnize marriages.
Art. 8: The marriage shall be solemnized publicly in - Not mandatory but directory in nature.
the chambers of the judge or in open court in the - Its non-compliance will not make the marriage
church, chapel or temple, or in the office of the void but will only cause civil, criminal, or
consul-general, consul or vice-consul, as the case administrative liability.
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may be, and not elsewhere, except in the cases of Exceptions to venue stated:
marriages contracted at the point of death or in 1. When the marriage is in articulo mortis
remote places in accordance with Article 29 of this 2. When the marriage is in a remote place
Code, or where both of the parties request the (transportation etc. is difficult to come by)
solemnizing officer in writing in which case the 3. When requested by both parties in writing.
marriage may be solemnized at a house or place
designated by them in a sworn statement to that
effect.
Art. 9: A marriage license shall be issued by the local - The marriage license should be procured from the
civil registrar of the city or municipality where either civil registrar of the city or municipality where either of
contracting party habitually resides, except in them resides. However if they obtain it from another
marriages where no license is required in place it is merely an irregularity and does not affect the
accordance with Chapter 2 of this Title. validity of the marriage.
Art. 10: Marriages between Filipino citizens abroad - The consular officials absorb the duties of the
may be solemnized by a consul-general, consul or local civil registrar and the solemnizing officer
vice consul of the Republic of the Philippines. when Filipinos wish to be married abroad.
The issuance of the marriage license and the duties - The ceremony and requirements should be in
of the local civil registrar and of the solemnizing accordance with Philippine law.
officer with regard to the celebration of marriage shall
be performed by said consular official.
Art. 11: Where a marriage license is required, each - Stating all relevant facts needed in order to
of the contracting parties shall file separately a sworn determine legal capacity to marry and the
application for such license with the proper local civil eligibility of the parties.
registrar which shall specify the following: - Main purpose is to discourage deception, and
1. Full name of the contracting parties relieve from doubt the status of parties who
2. Place of birth live together.
3. Age and date of birth - Provides evidence of the status and legitimacy
4. Civil Status of offspring.
5. If previously married, how, when and where MARRIAGE APPLICATION: the civil registrar has to
the previous marriage was dissolved or process and issue a marriage license. Even if the civil
annulled registrar knows of a legal impediment he cannot
6. Present residence and citizenship discontinue unless stopped by the court. (This is to
7. Degree of relationship of the contracting prevent bribery and abuse by the civil registrar)
parties
8. Full name, residence and citizenship of the
father
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The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties
appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of
said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the
applicants upon their personally appearing before him, be convinced that either or both of them have the
required age.
Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required to
furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of
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the deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or
declaration of nullity of his or her previous marriage.
In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance
and his or her actual civil status and the name and date of death of the deceased spouse.
Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage,
are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding
articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent
or guardian, or persons having legal charge of them, in the order mentioned. Such consent shall be manifested
in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of
an affidavit made in the presence of two witnesses and attested before any official authorized by law to
administer oaths. The personal manifestation shall be recorded in both applications for marriage license, and
the affidavit, if one is executed instead, shall be attached to said applications.
Art. 15: Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their - Absence of parental advice
parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be does not affect the marriage.
unfavorable, the marriage license shall not be issued till after three months following the completion of the - Only delays the issuance of
publication of the application therefore. A sworn statement by the contracting parties to the effect that such the marriage license for 3
advice has been sought, together with the written advice given, if any, shall be attached to the application for months but after 3 months the
marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the license must be issued.
sworn statement.
Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall,
in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister
authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the
proper government agency to the effect that the contracting parties have undergone marriage counseling.
Failure to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for
a period of three months from the completion of the publication of the application. Issuance of the marriage
license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not
affect the validity of the marriage.
Should only one of the contracting parties need parental consent or parental advice, the other party must be
present at the counseling referred to in the preceding paragraph
Art. 17: The local civil registrar shall prepare a notice, - It is the duty of the civil registrar to post a notice -
which shall contain the full names and residences of informing the public of the impending marriage. The
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the applicants for a marriage license and other data purpose of which is so that persons having knowledge
given in the applications. The notice shall be posted of any impediment to the marriage can inform the
for ten consecutive days on a bulletin board outside local civil registrar.
the office of the local civil registrar located in a - It is to be posted for 10 consecutive days on a
conspicuous place within the building and accessible bulletin board outside the office
to the general public. This notice shall request all - The civil registrar shall be issued after the period of
persons having knowledge of any impediment to the publication.
marriage to advise the local civil registrar thereof. The
marriage license shall be issued after the completion
of the period of publication.
Art. 18: In case of any impediment known to the local - If an impediment is made known to the civil registrar EXCEPTIONS:
civil registrar or brought to his attention, he shall note he shall merely note it down but he must nonetheless 1. The courts direct civil
down the particulars thereof and his findings thereon issue the license. This is because the impediments registry to refuse
in the application for marriage license, but shall may not be valid at all. giving out the license
nonetheless issue said license after the completion of 2. When the requited
the period of publication, unless ordered otherwise by - The purpose of which is to prevent graft and certificate of legal
a competent court at his own instance or that of any corruption on the part of the civil registry. capacity of foreigners
interest party. No filing fee shall be charged for the is not given (Art. 21)
petition nor a corresponding bond required for the - If the marriage license was issued despite court
issuances of the order. intervention, the marriage will still be valid but the
parties responsible may be criminally or
Art. 19. The local civil registrar shall require the administratively liable.
payment of the fees prescribed by law or regulations
before the issuance of the marriage license. No other
sum shall be collected in the nature of a fee or tax of
any kind for the issuance of said license. It shall,
however, be issued free of charge to indigent parties,
that is those who have no visible means of income or
whose income is insufficient for their subsistence a
fact established by their affidavit, or by their oath
before the local civil registrar.
Art. 20: The license shall be valid in any part of the - The marriage license is only valid within the
Philippines for a period of one hundred twenty days Philippines and not abroad.
from the date of issue, and shall be deemed - It is good for 120 days from the date of issue.
automatically canceled at the expiration of the said
period if the contracting parties have not made use of
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marriage was solemnized. Proper receipts shall be issued by the local civil registrar to the solemnizing officer 6. Testimonies of
transmitting copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate parties, witness,
copy of the marriage certificate, the copy of the marriage certificate, the original of the marriage license and, in solemnizing officers
proper cases, the affidavit of the contracting party regarding the solemnization of the marriage in place other 7. Cohabitation and
than those mentioned in Article 8. conduct
8. Statement in a will
* A certificate of marriage
made years after the
marriage is inadmissible as
evidence.
Art. 24: It shall be the duty of the local civil registrar to - The local civil registrar is the government official
prepare the documents required by this Title, and to charged with the preparation and the keeping of all
administer oaths to all interested parties without any the official documents.
charge in both cases. The documents and affidavits
filed in connection with applications for marriage
licenses shall be exempt from documentary stamp
tax.
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in an affidavit before any person authorized by law to other. Thus during the 5 year period, it is not The fact that the officer to
administer oaths. The solemnizing officer shall also necessary that there is no legal impediment it investigate shall not invalidate
state under oath that he ascertained the qualifications is only necessary at the time of marriage that the marriage.
of the contracting parties are found no legal there is none.
impediment to the marriage. - The parties shall state the fact of their
cohabitation and the absence of any legal
impediment to marry in an affidavit under
oath.
Article 18: if the civil registry gives the license despite the courts ordering an injunction to order the civil registry not to give the marriage license.
Article 21: if the civil registry gives the license despite absence of certificate of legal capacity of foreigners.
Article 35: When the solemnizing officer failed to investigate whether or not there was an impediment to the marriage in marriages after 5 years of
cohabitation.
MARRIAGES VOID AB INITIO: Not valid from its inception. No rights can flow from it and can never be ratified. (Judicial declaration of nullity).
Art. 35: The following marriages shall be void from Article 2, 3, 4: when all the essential and formal requisites of a marriage are absent
the beginning: - Only marriages declared by the legislature, as void should be treated as such.
(1) Those contracted by any party below eighteen There can be no other void marriage except those provided by law.
years of age even with the consent of parents or
guardians; Void Marriage Voidable
(2) Those solemnized by any person not legally Can’t be a source of rights Can be source of rights
authorized to perform marriages unless such Can’t be ratified Ratified by prescription or
marriages were contracted with either or both parties cohabitation
believing in good faith that the solemnizing officer Can be attacked collaterally. Can only be attacked directly
had the legal authority to do so; Can be questioned after death Only assailed during lifetime
(3) Those solemnized without license, except those of parties of parties
covered the preceding Chapter; Action for nullity has no Action prescribes
(4) Those bigamous or polygamous marriages not prescription
failing under Article 41;
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(5) Those contracted through mistake of one - Estoppel or acquiescence does not apply to remedy the infirmity of a void
contracting party as to the identity of the other; and marriage. Thus if one of the parties stated under oath that they were 25 when
(6) Those subsequent marriages that are void under they were actually 16 the marriage is void despite the oath.
Article 53. - Good faith and bad faith generally is immaterial in void marriages except: when
either of the parties believed in good faith that the solemnizing officer had the
authority to solemnize the marriage when in fact he had none. Second, in case
the spouse disappears for 4 years or 2 years in proper cases the present
spouse may marry again if there is a judicial declaration of presumptive death
and at the time of the celebration of marriage either spouse is in good faith that
the absent spouse is still absent.
Ex. W is married to H and W disappears for 4 years and is judicially declared
presumptively dead. H later on is to marry W2. W2 however sees W the day
before the wedding but does not tell H. As long as H is in good faith and does
not know of the presence of W the marriage will still be valid.
- Generally evidence other than a judicial declaration of nullity can be presented
except (direct attack needed) for purposes of remarriage, validity of marriage is
essential to the determination of the case, and when a donor desires to revoke
a donation propter nuptias.
BELOW 18 YEARS OF AGE: not capacitated to marry even if with parental consent.
History: 14 male, 12 female: minimum age for effective procreation
16 male, 14 female: Maturity and responsibility were taken into consideration.
Gender Roles: ability of men to provide and ability of women to care for the
household.
18 for both: No significant difference in terms of maturity of male and female.
Science shows below 18 leads to unsafe pregnancies.
NON-AUTHORITY OF SOLEMNIZER:
Exception: If EITHER or both of the contracting parties believed in good faith that he
had such authority. The good faith of the party is what is referred to not the solemnizing
officer.
- Unless it was ignorance of the law then the marriage will be void. The person must be
one of the people in Article 7 thus if a couple is married by a janitor, them believing that
a janitor can celebrate a marriage, the marriage will be void.
Exception: Marriage was done abroad and such officer is valid in that country
BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married men or women
from contracting a subsequent marriage when their consort is still alive.
Exception:
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3
Article 68: husband and wife are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support. Article 69: Husband and wife shall fix the
domicile and in case of disagreement the court shall decide. Article 70: spouses are jointly responsible for the support of the family and the expenses for such support and other
conjugal obligations shall be paid from community property, income or fruits of separate property, or separate property. Article 71: management of household shall be right and duty of
both spouses.
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(2) Between brothers and sisters, whether of the full 6. Brings about confusion with status
or half blood.
Art. 38: The following marriages shall be void from - Simulates blood relations although legal fiction (bond created by law, against
the beginning for reasons of public policy public policy)
(1) Between collateral blood relatives whether COLLATERAL BLOOD RELATIVES: may cause the same reasons as Art. 37 but to a
legitimate or illegitimate, up to the fourth civil lesser degree.
degree; COLLATERAL HALF-BLOOD RELATIVES BY CONSANGUINITY: the law does not
(2) Between step-parents and step-children; provide that marriages between collateral blood relatives by the half-blood are
(3) Between parents-in-law and children-in-law; prohibited.
(4) Between the adopting parent and the adopted Case Law: In Re: Simms Estate
child; - Because of specification in brothers and sisters and no specification with uncles
(5) Between the surviving spouse of the adopting and nieces, marriage between uncles and nieces are not prohibited
parent and the adopted child; - Unlike ruling in Audley where it deemed it was unnecessary
(6) Between the surviving spouse of the adopted - Marriage between uncles and nieces who are half-blood is valid due to the
child presumption in favor of marriage.
and the adopter; RELATIONSHIP BY AFFINITY (made through marriage): The only marriages by affinity
(7) Between an adopted child and a legitimate child prohibited in the Family Code are marriages between stepparents and stepchildren and
of parents-in-law and children-in-law. (May destroy the peacefulness in family relations)
the adopter; Stepbrother and stepsister can marry each other since not included in
(8) Between adopted children of the same adopter; the prohibition.
(9) Between parties where one, with the intention to *In the event that the marriage is annulled or nullified or in the event that the marriage is
marry the other, killed that other person's spouse, terminated by death affinity is terminated and thus those that were prohibited due to
or affinity can now marry each other. Unless there are living issues (children) in whom the
his or her own spouse. blood of the parties continue to commingle.
ADOPTIVE RELATIONSHIP:
Who they cannot marry:
Adopter Adopted
The adopted The adopter
The surviving spouse of the adopted The surviving spouse of adopter
(Envisions that the marriage was (Envisions that the marriage was
terminated due to death. But if the terminated due to death. But if the
marriage was terminated after the finality marriage was terminated after the finality
of a nullity or annulment decree then they of a nullity or annulment decree then they
can get married) can get married)
Legitimate children of adopter
Other adopted children of the adopter
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Art. 39: The action or defense for the declaration of - Time to file an action for declaration of nullity
absolute nullity of a marriage shall not prescribe of a marriage or to invoke such nullity as a
defense does not prescribe.
- Either party in a void marriage can file a
nullity case even though such party is the
wrongdoer. Only husband and wife can file a
court case declaring the marriage void. But it
can still be collaterally attacked by any
interested party in any proceeding where the
determination of the validity of marriage is
necessary to give rise to certain rights.
Art. 40: The absolute nullity of a previous marriage - A judicial declaration of marriage is the only * The subsequent marriage is
may be invoked for purposes of remarriage on the acceptable proof so that a party can contract not considered bigamous since
basis solely of a final judgment declaring such a subsequent valid marriage. Without it the the first marriage is not valid.
previous marriage void. subsequent marriage will be considered void. In a bigamous marriage the
- In connection with it, Articles 52 and 53 which first subsisting marriage is
In relation to: has to do with the liquidation, partition and valid.
Art. 52: The judgment of annulment or of absolute distribution of the properties without which the Bigamy envisions 2 valid
nullity of the marriage, the partition and distribution of marriage will likewise be void. marriages. If the first or the
the properties of the spouses and the delivery of the BIGAMY: Committed by any person who shall second marriage is void then
children's presumptive legitimes shall be recorded in contract a second or subsequent marriage before the there can be no bigamy.
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the appropriate civil registry and registries of former marriage has been legally dissolved or before
property; otherwise, the same shall not affect third the absent spouse has been declared presumptively
persons. dead by judgment.
Art. 53: Either of the former spouses may marry - Marriage becomes void not because of bigamy but
again after compliance with the requirements of the because of certain impositions in law that must be
immediately preceding Article; otherwise, the done before contacting a second marriage.
subsequent marriage shall be null and void.
*Without article 40 one cannot perform Article 52.
Art. 41: A marriage contracted by any person during - A declaration of presumptive death is needed Exception: Prior spouse has
subsistence of a previous marriage shall be null and for the absentee in order to contact a new been absent for 4 consecutive
void, unless before the celebration of the subsequent marriage. years and there is a well
marriage, the prior spouse had been absent for four Article 42: The subsequent marriage made will founded belief (must exercise
consecutive years and the spouse present has a become void with the recording of the affidavit of due diligence to ascertain
well-founded belief that the absent spouse was reappearance of the subsequent spouse. Such notice whereabouts or if she is dead
already dead. In case of disappearance where there will be filed in the civil registry of the residence of the or alive) that absent spouse is
is danger of death under the circumstances set forth parties in subsequent marriage, and give them due dead (2 years will suffice if
in the provisions of Article 391 of the Civil Code, an notice- ONLY CASE WHERE MARRIAGE IS there was danger of death)
absence of only two years shall be sufficient. TERMINATED EXTRAJUDICIALLY. Any interested
For the purpose of contracting the subsequent party can file for the affidavit of reappearance.
marriage under the preceding paragraph the spouse Exception to 42: if the affidavit is fraudulent then it is
present must institute a summary proceeding as ineffectual.
provided in this Code for the declaration of
presumptive death of the absentee, without prejudice
to the effect of reappearance of the absent spouse.
Art. 43: The termination of the subsequent marriage - Applies to Article 40, Article 41 and voidable *Donation made between
referred to in the preceding Article shall produce the marriages. persons who are guilty of
following effects STATUS OF CHILDREN: Children conceived during adultery or concubinage at the
(1) The children of the subsequent marriage the subsequent marriage contemplated in Art. 41 are time of the donation is void.
conceived prior to its termination shall be considered legitimate even if one of the contracting parties is in
legitimate; bad faith.
(2) The absolute community of property or the EFFECT OF TERMINATION ON THE PROPERTY
conjugal partnership, as the case may be, shall be REGIME: The property regime shall be dissolved and
dissolved and liquidated, but if either spouse liquidated. After the payment of all debts, the spouses
contracted said marriage in bad faith, his or her shall divide the net profits of the property equally or in
share of the net profits of the community property or accordance with the stipulated sharing. If a spouse
conjugal partnership property shall be forfeited in acted in bad faith, the guilty spouse shall not get his
favor of the common children or, if there are none, share in the net profits (his/her share will be forfeited
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the children of the guilty spouse by a previous in favor of the common children, if none the children
marriage or in default of children, the innocent of the guilty spouse by a previous marriage, if none to
spouse; the innocent spouse.
(3) Donations by reason of marriage shall remain DONATIONS BY REASON OF MARRIAGE: If both
valid, except that if the donee contracted the parties are in good faith, the donation shall be valid. If
marriage in bad faith, such donations made to said the donee acted in bad faith in contracting the
donee are revoked by operation of law; marriage, the donation by reason of marriage is
(4) The innocent spouse may revoke the terminated by operation of law. If both are in bad faith
designation of the other spouse who acted in bad neither can recover what they have given.
faith as beneficiary in any insurance policy, even if DESIGNATION AS BENEFICIARY IN INSURANCE
such designation be stipulated as irrevocable; and POLICY: The innocent spouse has the choice of
(5) The spouse who contracted the subsequent revoking the beneficiary in an insurance policy even if
marriage in bad faith shall be disqualified to inherit the policy is irrevocable. (Should inform the insurance
from the innocent spouse by testate and intestate company)
succession. DISQUALIFICATION AS TO INHERITANCE: The
spouse who acted in bad faith shall be disqualified to
inherit from the innocent spouse. If both spouses are
in bad faith according to Article 44 the marriage is
void and the parties cannot inherit.
Art. 44: If both spouses of the subsequent marriage - The marriage shall be considered void only if
acted in bad faith, said marriage shall be void ab both spouses in the subsequent marriage are
initio and all donations by reason of marriage and in bad faith.
testamentary dispositions made by one in favor of - The good faith of the spouse must be present
the other are revoked by operation of law. up to the time of the celebration of the
subsequent marriage.
VOIDABLE MARRIAGES: valid up to the point when they are annulled. These are the only grounds, which can be considered for annulment
(exclusive).
Article Annotation Exception/ Filing:
Article 45: Must exist at the time of - The parents of the child can annul the Party to file suit: Parent or guardian before
marriage marriage at any time prior to the time the child the child reaches 21 and the party who did
1. That the party in whose behalf it is sought reaches the age of 21. not obtain consent within 5 years after
to have the marriage annulled was eighteen reaching 21.
years of age or over but below twenty-one, Ratification: Through cohabitation after
and the marriage was solemnized without the reaching the age of 21 years old.
consent of the parents, guardian or person
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3. That the consent of either party was *No other misrepresentations will be Exception to 46(2): If the woman was
obtained by fraud, unless such party acceptable to constitute fraud to annul a unchaste and the man knew of her unchaste
afterwards, with full knowledge of the facts marriage. character.
constituting the fraud, freely cohabited with PREVIOUS CONVICTION: No need for Exception to 46(2): If woman did not inform
the other as husband and wife investigation on the part of the party but there the man but pregnancy was apparent.
must be a final judgment.
Article 46: Fraud: existing at time of marriage CONCEALMENT OF PREGNANCY: Party to file suit: Injured party within 5 years
1. Non-disclosure of previous conviction Concealment must be done in bad faith. Thus, after the discovery of fraud
by final judgment of a crime involving if the woman truly believed she was not
moral turpitude. pregnant when she was the marriage cannot
2. Concealment of the wife of the fact be annulled.
that she was pregnant at the time of - Misrepresentation that she was
marriage by another man. pregnant to induce the man to marry
3. Concealment of STD regardless of its her when she was in fact not pregnant
nature existing at the time of the is not considered for annulment.
marriage. CONCEALMENT OF STD: Nature or gravity is
4. Concealment of drug addiction, irrelevant; the fact that it was concealed was
habitual alcoholism, or homosexuality enough.
or lesbianism existing at the time of CONCEALMENT OF ADDICTIONS: No exact
the marriage. meaning but has been defined as persistent
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4. That the consent of either party was - Violence here may be physical or moral. Party to file the suit: Injured party within 5
obtained by force, intimidation or undue - Intimidation is when there is a reasonable years from the time the force, intimidation or
influence, unless the same having and well-rounded fear of an imminent and undue influence disappeared or ceased.
disappeared or ceased, such party thereafter grave evil upon his person or property.
freely cohabited with the other as husband
and wife; Ratification: Cohabitation after the cause of
the vitiated consent ceases.
5. That either party was physically incapable - Permanent inability on the part of one of the Exception: Sterility is not considered
of consummating the marriage with the other, spouses to perform the complete act of sexual impotency because he can still engage in
and such incapacity continues and appears to intercourse (must be incurable). sexual coition. Organs for conception not
be incurable - Can originate from a psychological problem, necessary because there is still passion.
which affects the physical.
- Must exist at the time of the marriage. Party to file the suit: Within 5 years after the
- May be caused both by husband and wife. marriage ceremony
NO RATIFICATION by cohabitation
Rule of triennial cohabitation: presumption of
impotence arises when wife remains a virgin
after 3 years from the time of marriage.
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such matters had been adjudicated in (wages and salaries owned by them in equal
previous judicial proceedings. shares property governed by co-ownership)
Art. 148 (properties acquired through joint
All creditors of the spouses as well as of the contributions only and divided in proportion to
absolute community or the conjugal their contributions)
partnership shall be notified of the
proceedings for liquidation.
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the marriage under Article 36 has become marriage are illegitimate except those coming or 53 child will be illegitimate (the subsequent
final and executory shall be considered from a marriage void due to psychological void marriage even under these articles will
legitimate. Children conceived or born of the incapacity and those due to lack of judicial not legitimate them)
subsequent marriage under Article 53 shall decree of nullity or liquidation or dissolution of
likewise be legitimate. property.
LEGAL SEPARATION: Does not affect the marital status of the couple, merely a separation of bed and board. (Exclusive list)
Violence Against Women and Children (VAWC RA 9262): includes spouse, girlfriends, and even one-night stands (level of intimacy). Men can
file on behalf of children. Many articles of VAWC encompass legal separation and if this is so the required cooling off period is no longer
necessary. Included as part of VAWC such as corruption (#3) included as violence, even psychological violence (bigamy, sexual infidelity).
- The children included in VAWC are those under the care of the women even those of the respondent’s child from a previous marriage.
Article 55: Happens after marriage ceremony Physical violence here is measured not by the * Does not include a ground for legal
1. Repeated physical violence or grossly severity but by the frequency. However if it is separation when the respondent-spouse
abusive conduct directed against the not repeated or is not physical violence it may inflicts violence on his/her own child from a
petitioner, a common child, or a child of the be considered as grossly abusive conduct. previous marriage but may cause to suspend
petitioner or terminate parental authority.
Grossly abusive conduct need not be Art. 231 (1): Parental authority can be
repeated but more of a serious act: rely on suspended when the parent treats the child
proportionality and abusive conduct to what with excessive harshness or cruelty
was committed.
- Continued indifference or aversion to
spouse and persistent neglect of
duties incident to marital relation, etc.
- Use of offensive and abusive
language with intent and fixed
purpose of causing unhappiness.
- Other acts of corruption, which do not
fall under prostitution.
2. Physical violence or moral pressure to - There should be unity in the family and thus *Enforce human rights through acceptance of
compel the petitioner to change religious or the couple should learn to live with each the other’s right
political affiliation other’s political ideas.
3. Attempt of respondent to corrupt or induce - The children here may or may not be * Other forms of corruption can fall under
the petitioner, a common child, or a child of emancipated. grave abuse of conduct
the petitioner, to engage in prostitution, or - The corrupt act here refers to prostitution
connivance in such corruption or inducement only, a mere attempt is enough the
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8. Sexual infidelity or perversion - Other acts of sexual infidelity short of Exception: If the wife condones sexual
concubinage and adultery are enough as long perversion with her husband then it cannot be
as they constitute a clear betrayal of trust. a ground for legal separation.
- Sexual perversion can be done to ones own
wife.
9. Attempt by the respondent against the life - Must come from an evil design or unlawful Exception: when it is for self-defense (or
of the petitioner cause some other justifiable reason)
- No nee for any criminal conviction, Exception: Spouse caught the other in
preponderance of evidence is enough. (If flagrante delicto
there is a criminal conviction, the other spouse
can be disinherited even if there is no legal
separation case filed)
10. Abandonment of petitioner by respondent Willfully left the dwelling without intention of *If there is an unjustifiable for leaving then it is
without justifiable cause for more than one returning. not considered abandonment.
year.
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For purposes of this Article, the term "child" *There must be a wrongful intent to desert,
shall include a child by nature or by adoption continued for the statutory period.
Article 56: Denial of legal separation if they fall on the following grounds
1. Where the aggrieved party has condoned the offense or - May be expressed or implied forgiveness Exception: if after the
act complained of - Not looking for an erring wife after she commits condonation the guilty
an offense does not mean forgiveness. spouse repeats the offense
then can still file for legal
separation.
2. Where the aggrieved party has consented to the Either spouse agreed or did not object to the
commission of the offense or act complained of offense BEFORE it was committed.
3. Where there is connivance between the parties in the - Where the spouses agree that one spouse will
commission of the offense or act constituting the ground commit the offense to give grounds for legal
for legal separation separation.
- Where one of the parties employed a 3rd party to
induce the other spouse to commit the offense to
give grounds.
- Corrupt consenting
4. Where both parties have given ground for legal - When two persons acted in bad faith, they
separation should be considered as having acted in good
faith.
5. Where there is collusion between the parties to obtain - In collusion the couple makes it appear that
decree of legal separation there is a ground for legal separation but actually
there is none.
- Corrupt agreement
- The act need not actually happen
6. Where the action is barred by prescription - An action for legal separation must be filed within Art. 57: An action for legal
5 years from the occurrence of the cause. separation shall be filed
- From the time the act occurred not the discovery within five years from the
of the cause of action. time of the occurrence of the
cause
Art. 58: An action for legal separation shall in no case be - The defendant is required to answer the petition *Failure to observe the 6-
tried before six months shall have elapsed since the filing 15 days from the date of the receipt of the month cooling off period is a
of the petition complaint. However whether or not the defendant ground to set aside a
files an answer or not there should be no hearing decision granting legal
on the merits by the court until after a 6-month separation.
cooling-off period is terminated.
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shall have no right to any share of the net profits earned common children if none the children of the guilty
by the absolute community or the conjugal partnership, spouse if none then to the innocent spouse.
which shall be forfeited in accordance with the provisions - The innocent spouse shall generally have
of Article 43(2); custody of the children however the major
3. The custody of the minor children shall be awarded to consideration is always the paramount interest of
the innocent spouse, subject to the provisions of Article the children.
213 of this Code; and - The offending spouse shall be disqualified from
4. The offending spouse shall be disqualified from inheriting form the innocent spouse by intestate
inheriting from the innocent spouse by intestate succession furthermore provisions in favor of the
succession. Moreover, provisions in favor of the offending offending spouse made in the will of the innocent
spouse made in the will of the innocent spouse shall be spouse shall be revoked by operation of law.
revoked by operation of law.
Art. 64: After the finality of the decree of legal separation, - The law gives the option to innocent party
the innocent spouse may revoke the donations made by whether to revoke or not the donation of
him or by her in favor of the offending spouse, as well as the guilty party in an insurance.
the designation of the latter as beneficiary in any - The revocation must be made within 5
insurance policy, even if such designation be stipulated as years from the time the decree of legal
irrevocable. The revocation of the donations shall be separation has become final.
recorded in the registries of property in the places where * The revocation of or change in the designation of
the properties are located. Alienations, liens and insurance beneficiary shall take effect after written
encumbrances registered in good faith before the notification to the insurer not the insured since it
recording of the complaint for revocation in the registries makes more sense however the law states
of property shall be respected. The revocation of or notification should be given to the insured thus
change in the designation of the insurance beneficiary that should be followed.
shall take effect upon written notification thereof to the
insured
The action to revoke the donation under this Article must
be brought within five years from the time the decree of
legal separation become final.
Art. 65: If the spouses should reconcile, a corresponding - If the case is still pending then it shall be * The creditors should be
joint manifestation under oath duly signed by them shall terminated, if the decree has been issued informed of the changes with
be filed with the court in the same proceeding for legal then it shall be set aside. regard to the property etc.
separation. - Separation of properties will still subsist,
but the parties can enter into an
agreement to revive the prior property
regime.
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Art. 66: The reconciliation referred to in the preceding - Generally the law provides that one can
Articles shall have the following consequences: only fix the property regime before the
1. The legal separation proceedings, if still pending, shall marriage celebration but the rules now set
thereby be terminated at whatever stage; and forth that the adoption of another property
2. The final decree of legal separation shall be set aside, regime can be made aside from that
but the separation of property and any forfeiture of the which they had previously existing during
share of the guilty spouse already effected shall subsist, their marriage.
unless the spouses agree to revive their former property EFFECT OF REVIVAL:
regime. 1. If creditors are notified they should file
The court's order containing the foregoing shall be opposition on properties if they have
recorded in the proper civil registries. debts that should be paid by either
Art. 67: The agreement to revive the former property spouse.
regime referred to in the preceding Article shall be 2. If creditors are notified but they don’t file
executed under oath and shall specify: they cannot get from the properties that
1. The properties to be contributed anew to the restored will be placed in co-ownership in the
regime revival.
2. Those to be retained as separated properties of each 3. If creditors are not notified then they can
spouse; and collect from properties co-owned.
3. The names of all their known creditors, their addresses 4. If creditors are not notified but there are
and the amounts owing to each. separate properties they can’t get from
The agreement of revival and the motion for its approval co-owned properties.
shall be filed with the court in the same proceeding for
legal separation, with copies of both furnished to the
creditors named therein. After due hearing, the court shall,
in its order, take measure to protect the interest of
creditors and such order shall be recorded in the proper
registries of properties.
The recording of the ordering in the registries of property
shall not prejudice any creditor not listed or not notified,
unless the debtor-spouse has sufficient separate
properties to satisfy the creditor's claim.
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- A court cannot compel the spouses to A husband can be liable for raping his
live together, observe mutual love, wife however the subsequent
respect and fidelity. forgiveness by the wife to the
RAPE: offended party shall extinguish the
1. Committed by a man against a woman who criminal action.
shall have carnal knowledge of her through BEFORE: Matrimonial exemption from rape
force, intimidation or threat; when she is 1. Man and woman become 1 so man
deprived of reason or consciousness, cannot rape himself
machinations or grave abuse of authority. 2. Marriage contract means wife
2. Even if none of the circumstances are consents to all and any sexual
present if woman is below 12 or demented. intercourse with husband.
3. Any person who inserts any foreign object REBUT:
into genital or anal orifice (rape can be 1. Woman has certain rights and
committed against a man) liberties, which separate her from the
4. Any person who inserts penis into oral or man.
anal orifice. 2. Absolute consent is not sound since
marriage itself is revocable.
Art. 69: The husband and wife shall fix the - The domicile of natural persons is the
family domicile. In case of disagreement, the place of their habitual residence,
court shall decide. where parties intend to have their
The court may exempt one spouse from living permanent residence.
with the other if the latter should live abroad - In case of disagreement between the
or there are other valid and compelling husband and the wife the court shall
reasons for the exemption. However, such decide.
exemption shall not apply if the same is not - The spouse not living in the domicile
compatible with the solidarity of the family. must prove the intent of husband is
for solidarity of family.
Art. 70: The spouses are jointly responsible EXPENSES FOR SUPPORT AND OTHER
for the support of the family. The expenses for CONJUGAL OBLIGATIONS:
such support and other conjugal obligations 1. From the community property
shall be paid from the community property 2. In absence thereof income of fruits of
and, in the absence thereof, from the income the separate properties
or fruits of their separate properties. In case 3. If insufficient or absent from the
of insufficiency or absence of said income or separate properties themselves.
fruits, such obligations shall be satisfied from
the separate properties.
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Art. 71: The management of the household - Shall be the right and duty of both
shall be the right and the duty of both spouses regardless of what the
spouses. The expenses for such property regime is.
management shall be paid in accordance with - In the event that one of the spouses
the provisions of Article 70. neglects his or her duties or commits
acts that endanger or dishonor the
Art. 72: When one of the spouses neglects family he aggrieved party may apply
his or her duties to the conjugal union or to the court for relief.
commits acts which tend to bring danger, FORMS OF RELIEF:
dishonor or injury to the other or to the family, 1. Legal separation
the aggrieved party may apply to the court for 2. Psychological incapacity
relief. 3. Petition for receivership judicial,
separation of property to become sole
administrator of property.
Art. 73: Either spouse may exercise any - Based on presumption, despite Exceptions: For the separate properties to be
legitimate profession, occupation, business or objection (before or after) it will still go liable the other spouse must have no
activity without the consent of the other. The to family. knowledge of the immoral activity and
latter may object only on valid, serious, and - VAWC: If husband prevents you from therefore could not give an objection even if
moral grounds. doing a right then punishable by law. benefit accrues to the family.
In case of disagreement, the court shall - The objection must be all valid,
decide whether or not: serious, and on moral grounds at the Exception liability against separate property: If
1. The objection is proper; and same time. the creditor did not know of the immoral
2. Benefit has occurred to the family prior to - If it is an isolated activity—contract— activity or thought it was to be used for a
the objection or thereafter. If the benefit without consent of other spouse, the legitimate business, creditor can collect from
accrued prior to the objection, the resulting conjugal spouse can’t be liable conjugal properties.
obligation shall be enforced against the GENERAL RULE:
separate property of the spouse who has not 1. Obligations incurred before or after
obtained consent. the marriage but redounding to the
The foregoing provisions shall not prejudice benefit of the family shall be charged
the rights of creditors who acted in good faith. to the conjugal properties
2. Spouse’s job redounds to the benefit
of the family thus obligations can be
satisfied from the conjugal property.
3. If the benefit accrued prior to the
objection, the resulting obligation shall
be enforced against the separate
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PROPERTY RELATIONS
Art. 74: The property relationship between Marriage Settlements: must be in writing EFFECT OF NO MARRIAGE SETTLEMENT:
husband and wife shall be governed in the signed by the parties, and made prior to the 1. If the mortgage was registered then
following order: celebration of the marriage if it is not in writing the new spouse’s property will also be
1. By marriage settlements executed before it shall be unenforceable. liable.
the marriage; - If there is no marriage settlement 2. If the mortgage was not registered the
2. By the provisions of this Code; and agreed upon or if the same is void, new spouse will not be liable but the
3. By the local custom. then the absolute community if mortgage will be impaired and the
property will prevail. debtor spouse will loose the right to
EFFECT OF MARRIAGE SETTLEMENT: make use of the period.
1. Property in marriage settlement is Must give new securities so
registered did not redound to family, as not to loose the period.
creditor cant get from co-owned
2. If marriage settlement is not * If the marriage settlement does not
registered, can get from co-owned particularize any valid property regime such
3. If redounded to benefit of family can provision is void and thus the absolute
get from co-owned even if not community of property shall prevail.
registered.
*Marriage settlement must be fair, they must
exercise good faith in contracting the
marriage settlement. However if the
agreement is not fair as long as the
disadvantaged spouse shows that he/she
understood it then the marriage settlement
shall be maintained.
LOCAL CUSTOMS: rule of conduct formed by
repetition of acts uniformly observed as a
social rule, legally binding and obligatory.
Art. 75: The future spouses may, in the - If a marriage settlement is absent or property
marriage settlements, agree upon the regime regime agreed upon is void, Absolute
of absolute community, conjugal partnership community of property will govern.
of gains, complete separation of property, or
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Marriage settlements - Only needs to be registered in order to bind third Exception to third party rule: If indebtedness
parties. If registered third parties cannot go after benefited to the family then can go after community
conjugal property of property.
No marriage settlements: If there is no marriage settlement: Exception to impairment of property: if debtor
Absolute community of 1. If property is registered then spouse is bound immediately gives new property equally satisfactory
property. by mortgage or get consent of X to the security or collateral
2. If property is not registered then property is already established, then he does not loose period
impaired and the debtor looses period of loan. of loan.
DONATIONS
Art. 82: Donations by reason of marriage are DONATIONS PROPTER NUPTIAS: Procedure--Movable:
those, which are made before its celebration, in 1. Donations are to be made prior to the celebration of 1. Accepted personally or
consideration of the same, and in favor of one marriage representative
or both of the future spouses. 2. Must be made in favor of 1 or both of the spouses. 2. Made in lifetime of donor and
Can be made by a third party in the settlement. donee
Art. 83: These donations are governed by the Donation between spouses: 3. Can be orally given as long as
rules on ordinary donations established in Title 1. A valid marriage settlement must stipulate with simultaneous delivery or
III of Book III of the Civil Code, insofar as they another regime than Absolute Community of document representing right of
are not modified by the following articles. Property (ACP) donated (if above 5000 then must
2. Donation cannot be more than 1/5 of the be in writing)
Art. 84: If the future spouses agree upon a present property of the donee spouse.
regime other than the absolute community of 3. Must be accepted and comply with other. Procedure--Immovable:
property, they cannot donate to each other in Exception: 1/5 rule will not apply if donation is in a 1.must be in public document
their marriage settlements more than one-fifth separate deed, provided he has enough to support 2. Acceptance made in that
of their present property. Any excess shall be himself and those relying on him. document or separate
considered void. 3. Must be made in lifetime of
Donations of future property shall be governed donor.
by the provisions on testamentary succession
and the formalities of wills. DONATIONS EXCLUDED:
1. Made in favor of the
spouses after the
celebration of the marriage
2. Executed in favor of the
future spouses but not in
consideration of marriage
3. Granted to persons other
than the spouses even
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Property Regime What included What excluded Notes Charges Liquidation process
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Absolute All properties Article 92: Art. 89: No waiver of rights, Article 94: Termination:
community of owned before and 1.provided in marriage shares and effects of the 1. Support (spouses, Art. 97: Either
property after. settlement absolute community of common & legitimate spouse may dispose
Art. 88: The 2. Personal and exclusive property during the children) by will of his or her
absolute Art. 91: Unless use of either spouse marriage can be made - Even beyond age of interest in the
community of otherwise provided (except jewelry) except in case of judicial majority community property.
property between in this Chapter or in - However if exclusive separation of property. 2. Debts & obligations
spouses shall the marriage property is used to made by both, Art. 98: Neither
commence at the settlements, the purchase something else When the waiver takes administrator, or with spouse may donate
precise moment community property such property becomes place upon a judicial consent of other spouse any community
that the marriage is shall consist of all part of ACP separation of property, or (even if did not redound) property without the
celebrated. Any the property owned 1.Property acquired by after the marriage has been 3. D & O without consent consent of the other.
stipulation, express by the spouses at gratuitous title including dissolved or annulled, the but redounded. However, either
or implied, for the the time of the the fruits and income same shall appear in a 4. Expenses for spouse may, without
commencement of celebration of the UNLESS the guarantor public instrument and shall community property the consent of the
the community marriage or expressly said they will be recorded as provided in (taxes, liens, charges) other, make
regime at any other acquired thereafter. form part of ACP Article 77. The creditors of 5. Taxes & expenses for moderate donations
time shall be void - Must be a valid donation the spouse who made such preservation during from the community
(cant be donation made waiver may petition the marriage of separate property for charity or
(Default regime if Art. 93: Property by one spouse to court to rescind the waiver property used by family on occasions of
nothing stipulate – acquired during the another) to the extent of the amount 6. Expenses for self- family rejoicing or
exception: marriage is 2.Property acquired by sufficient to cover the improvement or family distress
subsequent presumed to either spouse who has amount of their credits. profession. Article 99:
marriage after belong to the legitimate descendants * No waiver of rights, 7. Antenuptial debts 1. Death
death will community, unless and the fruits of that interests, shares, and redounding to family - Same proceeding
automatically be it is proved that it is property effects without judicial 8. Donation made by both as settlement of
CSP if there was one of those *Winnings from gambling separation or dissolution or spouses for children to estate.
no proper excluded (losses borne by looser) annulment of marriage – pursue vocation or self- Spouse shall
liquidation of the therefrom. shall appear in a public improvement liquidate property if
properties of the instrument (creditors may 9. For illegitimate children, no judicial settlement
previous marriage) rescind waiver up to extent fines for crimes/quasi proceeding within 1
of the debt) delict in case of year. After 1 year
Art. 90: The insufficiency. (Advances) cannot may
provisions on co- Art. 96: The administration 10. Expenses for litigation encumbrance on
ownership shall and enjoyment of the * Solidary liability does not property.
apply to the community property shall include ante-nuptial debts 2. Legal separation
absolute belong to both spouses not redounding, support of
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ACP Art. 101: If a spouse without just cause ABANDONMENT: Implies a departure by one spouse
abandons the other or fails to comply with his or with the avowed intent never to return, followed by
her obligations to the family, the aggrieved prolonged absence without just cause.
spouse may petition the court for receivership, - Should not only be physical but also financial and moral
for judicial separation of property or for authority desertion.
to be the sole administrator of the absolute
community, subject to such precautionary
conditions as the court may impose.
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be of -Pension: serious - Even if money used 6.expenses for spouse for Procedure:
supplementary previously rendered to redeem is conjugal Prohibition on waiver. profession or self- Article 129:
application. for which full and (reimbursement) *Properties brought into improvement. 1.Inventory of
adequate 4. Bought with the marriage by the 7.Antenuptial debts separate and
The provisions of compensation was exclusive money of contracting parties belong redounding to family. conjugal prop
this Chapter shall not received at the either spouse. to each of them 8.donation of both for 2.Payment of
also apply to time. *Onerous donations exclusively. children for profession or advances
conjugal Article 117: *Designated share in - Either spouse can self-improvement. 3.Reimbursement to
partnerships of 1. Acquired by donation transfer admin of prop to 9.expenses of litigation the spouses.
gains already onerous title using *Gratuity (amount other spouse thru public between spouses 4.D&O paid out by
established common funds. given by gob’s for instrument. Not to be paid by cpg: CPG, insufficiency
between spouses 2. Obtained by labor previous work) Art. 118: Property bought Article 122: solidarily liable.
before the or industry or work on installments paid partly -Payment of personal debts 5.exclusive prop
effectivity of this 3. Fruits, natural, Art. 110: The spouses from exclusive funds of contracted by the husband delivered
Code, without industrial, or civil due retain the ownership, either or both spouses and or wife before or during the 6.loss or deterioration
prejudice to vested received during possession, partly from conjugal funds marriage unless they of movables paid
rights already marriage from administration and belongs to the buyer or redounded to the benefit of from CPG
acquired in common prop enjoyment of their buyers if full ownership the family. 7.Net remainder to be
accordance with - Net fruits of exclusive properties. was vested before the However, fines and divided (unless MS
the Civil Code or exclusive property marriage and to the indemnities imposed support or waiver)
other laws, as BUT personal Either spouse may, conjugal partnership if of illegitimate children can 8.Delivery of
provided in Article damages are not during the marriage, such ownership was be paid by the assets presumptive legitimes
256. conjugal. transfer the vested during the AFTER the payment of 9.Conjugal dwelling
4. Share in hidden administration of his or marriage. In either case, obligations provided in Art.
Presumption is that treasure her exclusive property any amount advanced by 121. But at the time of Article 130: in case of
all property 5. Fishing and to the other by means the partnership or by either liquidation the spouse who death the liquidation
acquired during hunting of a public instrument, or both spouses shall be used such funds will be proceeding will be in
marriage even if in 6. Excess livestock which shall be reimbursed by the owner charged. the same proceeding
the name of one (those brought in to recorded in the or owners upon liquidation If charges are paid, and no as the settlement of
spouse is conjugal the marriage by one registry of property of of the partnership. property or insufficient the estate of the
unless otherwise will reimbursed the place the property CPG pays: deceased. (Same
provided. 7. Acquired by is located. Property bought before -Fines, debts before the application as in ACP
chance but title registered after marriage article 103)
marriage: still considered -Support of illegitimate
exclusive property even if *Subject to reimbursement Art. 133: From the
spouse is made co-owner (ACP no need to pay out all common mass of
in title (considered a trust) charges first) property support shall
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recourse to the court by the wife for proper - In case the husband disposes of property over
remedy, which must be availed of within five the objection of the wife, the wife may file a case
years from the date of the contract to annul the entire contract or part of it.
implementing such decision.
In the event that one spouse is incapacitated or
otherwise unable to participate in the
administration of the conjugal properties, the
other spouse may assume sole powers of
administration. These powers do not include
disposition or encumbrance without authority of
the court or the written consent of the other
spouse. In the absence of such authority or
consent, the disposition or encumbrance shall
be void. However, the transaction shall be
construed as a continuing offer on the part of
the consenting spouse and the third person, and
may be perfected as a binding contract upon the
acceptance by the other spouse or authorization
by the court before the offer is withdrawn by
either or both offerors. (165a)
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spouses during the -2 years from last news about absentee, or 5 -In process delivery of presumptive legitimes is not 4.Resumption of
marriage shall not years if an administrator has been left. necessary. common life with
take place except 3. Loss of parental authority decreed by other spouse
by judicial order. court (termination or deprivation not *Art. 142: Admin of exclusive prop of either spouse may 5.parental authority
Such judicial mere suspension) be transferred by court to other spouse or if not qualified restored
separation of -Over legitimate or illegitimate child whether of to another person when: 6.reconciliation of
property may either previous or present marriage 1.spouse becomes the guardian those separated in
be voluntary or for 4. Abandonment or failure to comply with 2.the other is judicially declared an absentee fact
sufficient cause. his or her obligations 3.civil interdiction 7.For those who
5. Abused power of administration 4.fugitive from justice, hiding as an accused voluntarily separated
(Can be stipulated 6. Separation in fact for at least 1 yr Art 143: If the couple wants a regime of separation of property, agree to
in MS which shall property they have to enter into a valid marriage revive former
govern and FC will Art. 137: Once the separation of property has settlement prior to the marriage stipulating such regime. property regime (but
only be been decreed, the absolute community or the after that can’t
supplementary in conjugal partnership of gains shall be liquidated Art. 145: Administration is left with each spouse with separate property
nature, in the in conformity with this Code. regard to his/her own property without the need for the anymore)
absence therein it During the pendency of the proceedings for consent of the other. Earnings of each shall also belong - Art. 67 revival:
cannot take place separation of property, the absolute community to each spouse. Agreement under
during the marriage or the conjugal partnership shall pay for the oath will state:
except by judicial support of the spouses and their children. Art. 146: Both spouses shall bear the family expenses in 1.properties to be
order) Art. 138: After dissolution of the absolute proportion to their income or their separate property. contributed
-May refer to community or of the conjugal partnership, the Liability of spouses to creditors to family expenses are 2.those to be retained
present or future provisions on complete separation of property solidary (they are both liable to the creditor for the whole as separate
property or both shall apply. amount if the creditor seeks it from one of them. Such 3.names of known
-May be partial or Art. 144: Separation of property may refer to spouse is entitled to reimbursement from the other creditors
total present or future property or both. It may be spouse).
-Those not agreed total or partial. In the latter case, the property * Even if there is an agreement on proportion of sharing
as separate will be not agreed upon as separate shall pertain to the etc, it wont affect the creditors.
ACP absolute community.
Marriage without Art. 147: When a man and a woman who are Requisites:
unions (governs capacitated to marry each other, live exclusively 1.Capacitated to marry each other
void marriages) with each other as husband and wife without the -Not capacitated: incestuous, against public policy, under
benefit of marriage or under a void marriage, 18, bigamous marriage
their wages and salaries shall be owned by 2.live exclusively with each other as husband and wife
them in equal shares and the property acquired 3.Without benefit of marriage or under a void marriage.
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by both of them through their work or industry *Includes marriages of psychological incapacity,
shall be governed by the rules on co-ownership. reappearance of wife, non-liquidation of property,
In the absence of proof to the contrary, absence of formal requisites.
properties acquired while they lived together Structure:
shall be presumed to have been obtained by 1. Salaries and wages shall be owned by equal
their joint efforts, work or industry, and shall be shares
owned by them in equal shares. For purposes of 2. Property acquired with exclusive funds is owned
this Article, a party who did not participate in the by them exclusively
acquisition by the other party of any property 3. Property acquired through work or industry
shall be deemed to have contributed jointly in governed by co-ownership
the acquisition thereof if the former's efforts 4. Property acquired while they live together will be
consisted in the care and maintenance of the owned by them in equal shares. (Contribution
family and of the household. can be in the form of care and maintenance of
Neither party can encumber or dispose by acts family, household)
inter vivos of his or her share in the property 5. Fruits of separate property not part of co-
acquired during cohabitation and owned in ownership
common, without the consent of the other, until 6. Conjugal home will be owned equally.
after the termination of their cohabitation. -Can’t encumber or dispose of his/her share without
When only one of the parties to a void marriage consent of the other or after cohabitation.
is in good faith, the share of the party in bad -Can alienate in favor of the other his or her share BUT
faith in the co-ownership shall be forfeited in cant waive any interest in co-ownership
favor of their common children. In case of -Void marriage: net share of bad faith is forfeited to:
default of or waiver by any or all of the common 1. Common children
children or their descendants, each vacant 2. Waiver of common children, descendants
share shall belong to the respective surviving 3. Absence of descendants, innocent party
descendants. In the absence of descendants, Void marriages included:
such share shall belong to the innocent party. In Art. 36: psychological incapacity
all cases, the forfeiture shall take place upon Art. 44: bad faith of both spouses in a subsequent
termination of the cohabitation. marriage
Art. 53: non-liquidation, dissolution, distribution of prop.
Those where there is absence of consent, authority of
solemnizer, license, marriage ceremony.
Marriage without Art. 148: In cases of cohabitation not falling Requisites:
unions (governs under the preceding Article, only the properties - Cohabitation not falling under article 147.
void marriages) acquired by both of the parties through their Structure:
actual joint contribution of money, property, or
industry shall be owned by them in common in
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Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of insolvency
- Administration is joint by both spouses, husbands decision will prevail subject to recourse by the wife within 5 years from the contract
implementing the decision. Contract will be a continuing offer upon acceptance by other spouse or court order.
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agreement destructive of the family shall be recognized - Family relations are governed t law and no
or given effect. custom or practice destructive of the family will be
recognized.
Art. 150: Family relations include those: - Any person not included in the enumeration Exception to earnest
1. Between husband and wife; cannot be considered as within the term “family efforts:
2. Between parents and children; relations.” - Earnest effort is not
3. Among brothers and sisters, whether of the full - Before a suit can be filed by people belonging to required if included in
or the same family as provided in Art. 150, earnest the suit between family
half-blood. efforts must be made to settle the case amicably. members is a stranger
Art. 151: No suit between members of the same family *Earnest effort s meant for civil actions only. not of the same family.
shall prosper unless it should appear from the verified - Does not apply to
complaint or petition that earnest efforts toward a The following are excused from criminal liability (only civil cases, which may not be
compromise have been made, but that the same have liability incurred) for theft, swindling or malicious mischief: compromised.
failed. If it is shown that no such efforts were in fact 1. Spouses, ascendants, and descendents or - Does not apply to
made, the same case must be dismissed. relatives by affinity in the same line. settlement of estate
This rules shall not apply to cases which may not be 2. The widowed spouse with respect to the property guardianship, custody of
the subject of compromise under the Civil Code of the deceased BEFORE someone else possess children, and habeas
it. corpus
3. Brothers and sisters and brothers-in-law and
sisters-in-law if they are living together.
Exemption is not applicable to strangers
participating therein.
Prescription does not run between husband and wife,
parents and children during the latter’s minority or
insanity, and between guardian and ward during the
guardianship.
THE FAMILY HOME
Art. 152: The family home, constituted jointly by the - Home is deemed constituted form the time it is * Exemption from
husband and the wife or by an unmarried head of a actually resided upon and occupied by the family. execution is not absolute
family, is the dwelling house where they and their No need for judicial or extrajudicial requirement, as it is subject to certain
family reside, and the land on which it is situated. deemed constituted by operation of law. limitation such as
- There must be the element of permanence (thus a indebtedness in certain
Art. 153: The family home is deemed constituted on a boat on water cannot be considered a family instances (to be
house and lot from the time it is occupied as a family home) discussed in the next
residence. From the time of its constitution and so long - Must be constituted by both husband and wife articles)
as any of its beneficiaries actually resides therein, the jointly, the unmarried head of the family, or the
family home continues to be such and is exempt from
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hundred thousand pesos in rural areas, or such - Prior to the family code constitution of a family
amounts as may hereafter be fixed by law. home was not automatic there was a need to file
In any event, if the value of the currency changes after for such. If prior to the family code there are
the adoption of this Code, the value most favorable for certain houses falling under the value of a family
the constitution of a family home shall be the basis of home at the time of the constitution of the family
evaluation. code (Aug. 3, 1988) provided for the family home
For purposes of this Article, urban areas are deemed to is deemed automatically constituted.
include chartered cities and municipalities whose
annual income at least equals that legally required for
chartered cities. All others are deemed to be rural
areas.
Art. 158: The family home may be sold, alienated, Written consent needed for the disposition of the family
donated, assigned or encumbered by the owner or home:
owners thereof with the written consent of the person 1. Persons constituting the family home
constituting the same, the latter's spouse, and a 2. Latter’s spouse
majority of the beneficiaries of legal age. In case of 3. Majority of beneficiaries of legal age
conflict, the court shall decide
Art. 159: The family home shall continue despite the - Security of the family is the concern of the law
death of one or both spouses or of the unmarried head thus they provide for a 10 year period despite the
of the family for a period of ten years or for as long as death of the person who constituted the family
there is a minor beneficiary, and the heirs cannot home. Furthermore the heirs cannot partition the
partition the same unless the court finds compelling same unless the court finds compelling reasons
reasons therefor. This rule shall apply regardless of therefore.
whoever owns the property or constituted the family
home.
Art. 160: When a creditor whose claims is not among - Bidders cannot bid below the amount of 300,000
those mentioned in Article 155 obtains a judgment in - If the house is sold, 300,000 is given to the owner
his favor, and he has reasonable grounds to believe of the house and the balance to the creditor to
that the family home is actually worth more than the satisfy his debt. This happens even if the debt is
maximum amount fixed in Article 157, he may apply to not fully satisfied. (Idea is to give 300,000 so that
the court which rendered the judgment for an order the debtor can buy a house) This however does
directing the sale of the property under execution. The not apply when if the creditor is one of those
court shall so order if it finds that the actual value of the mentioned in Article 155 (the debt must be
family home exceeds the maximum amount allowed by satisfied even if nothing is left with the owner).
law as of the time of its constitution. If the increased
actual value exceeds the maximum allowed in Article
157 and results from subsequent voluntary
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Art. 168: If the marriage is terminated and the * Merely suppletory, if there is better proof then such
mother contracted another marriage within three should be accepted.
hundred days after such termination of the former - Sexual intercourse is presumed between spouses during
marriage, these rules shall govern in the absence their marriage.
of proof to the contrary: IN CASE OF 2 MARRIAGES:
1. A child born before one hundred eighty days - If child is born within 180 days after the second
after the solemnization of the subsequent marriage marriage and within 300 days after the termination
is considered to have been conceived during the of the first marriage the child shall be considered
former marriage, provided it be born within three to have been conceived of the first marriage
hundred days after the termination of the former unless other proof is given.
marriage; - If the child is born after 180 days after the second
2. A child born after one hundred eighty days marriage the child shall be considered to have
following the celebration of the subsequent been conceived of the second marriage unless
marriage is considered to have been conceived other proof is given.
during such marriage, even though it be born within *But either way the child is still legitimate.
the three hundred days after the termination of the
former marriage.
Art. 169: The legitimacy or illegitimacy of a child - If there is no subsequent marriage after 300 days after
born after three hundred days following the the termination of the marriage there is no presumption
termination of the marriage shall be proved by and thus convincing proof is necessary.
whoever alleges such legitimacy or illegitimacy.
Art. 170: The action to impugn the legitimacy of the Prescription for impugning the legitimacy of the child *It is from the knowledge of
child shall be brought within one year from the the child’s birth not the
knowledge of the birth or its recording in the civil
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register, if the husband or, in a proper case, any of 1. Within one year from the knowledge of the birth or knowledge that it is not his
his heirs, should reside in the city or municipality its recording if husband resides in city where birth child.
where the birth took place or was recorded. took place or recorded.
2. Within 2 years, if the husband lives elsewhere in *Even if the birth was
If the husband or, in his default, all of his heirs do the Philippines. concealed, if it was
not reside at the place of birth as defined in the first 3. Within 3 years, if he lives abroad registered and the father did
paragraph or where it was recorded, the period 4. If the birth of the child has been concealed, not impugn the child’s
shall be two years if they should reside in the prescription will begin from the discovery or legitimacy during the period
Philippines; and three years if abroad. If the birth of knowledge of birth of child or the fact of provided then the child is
the child has been concealed from or was unknown registration of the birth (whichever is earlier). legitimate. (Cannot impugn
to the husband or his heirs, the period shall be since registry is earlier)
counted from the discovery or knowledge of the
birth of the child or of the fact of registration of said
birth, whichever is earlier.
Art. 171: The heirs of the husband may impugn the - Legitimacy cannot be collaterally attacked or impugned.
filiation of the child within the period prescribed in Principally only the husband can file a direct action to
the preceding article only in the following cases: impugn the legitimacy of the child even if the child is not
1. If the husband should died before the expiration his.
of the period fixed for bringing his action; - The heirs are mere substitutes of the husband and
2. If he should die after the filing of the complaint cannot file the action if the husband himself failed to file
without having desisted therefrom; or such action despite knowledge of the illegitimacy within
3. If the child was born after the death of the the prescribed period.
husband.
PROOF OF FILIATION
Art. 172: The filiation of legitimate children is - The record of birth appearing in the civil registry should Proofs from rules of the court
established by any of the following: have the husband’s signature and such birth certificate or special law:
1. The record of birth appearing in the civil register signed by the parents is adequate proof of paternity 1. Baptismal certificate
or a final judgment; or without need for further court action. 2. Judicial admission
2. An admission of legitimate filiation in a public - Admission in public or private handwritten document is a 3. Family bible
document or a private handwritten instrument and complete act of recognition without need for court action 4. Common reputation
signed by the parent concerned. A mere instrument not in the handwriting o 5. Admission by silence
In the absence of the foregoing evidence, the the parent or not a public instrument will not 6. Testimony of witness
legitimate filiation shall be proved by: qualify.
1. The open and continuous possession of the - Open continuous possession means the father treats the
status of a legitimate child; or child as his own directly and not through others,
2. Any other means allowed by the Rules of Court spontaneously and without concealment
and special laws. Must be spontaneous and uninterrupted
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Art. 173: The action to claim legitimacy may be Action to claim legitimacy by the child Article 175: Illegitimate
brought by the child during his or her lifetime and May be brought by the child during his or her lifetime and child
shall be transmitted to the heirs should the child may be transmitted to heirs if the child dies during -Same as legitimate children
die during minority or in a state of insanity. In minority or in a state of insanity or after it has already except when proof is through
these cases, the heirs shall have a period of five been instituted by the child and child dies. open and continuous
years within which to institute the action. Heirs have five years to institute action relationship or other rules of
court in which case it may
only be brought during the
lifetime of the alleged parent.
Exception: if the child is born
in a valid marriage though
different man, he cannot
claim illegitimacy. The man in
the marriage must first
impugn the legitimacy of the
child
Article 176: Rights of an illegitimate child Article 174: Legitimate children shall have the right:
1. Bear the surname of the mother 1. To bear the surnames of the father and the mother, in
Even if paternity is certain, mother conformity with the provisions of the Civil Code on
surnames unless father admits that is Surnames;
his child and lives with them then 2. To receive support from their parents, their ascendants,
surname of father can be used. and in proper cases, their brothers and sisters, in
2. Be under the parental authority of the conformity with the provisions of this Code on Support;
mother, entitled to support from her and
Even if paternity is certain, if father is 3. To be entitled to the legitimate and other successional
not living with them he cannot have rights granted to them by the Civil Code.
parental authority.
If the father acknowledges the child - A legitimate child has his or her whole lifetime to file an
and cohabits, he will be vested with action to claim his or her legitimacy.
parental authority. Even if he leaves
after that it will not be considered a
waiver of his parental authority unless
violated legal grounds provided for
termination of parental auth. (he will
also be vicariously liable for damages
caused by the child)
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Art. 182: Legitimation may be impugned only by - Contemplates inheritance or successional rights,
those who are prejudiced in their rights, within five creditors (commercial or property rights) are
years from the time their cause of action accrues. excluded unless it can be shown that the
legitimation affected their rights and they are
really prejudiced.
SUPPORT
Art. 194: Support comprises everything Everything indispensable for sustenance, Art. 205: right to give or obtain
indispensable for sustenance, dwelling, clothing, dwelling, clothing, medical attendance, support shall not be levied upon
medical attendance, education and education, and transportation (in keeping with on attachment or execution.
transportation, in keeping with the financial the financial capacity of the family) - Cannot be made to satisfy any
capacity of the family. Schooling or training shall be applicable even judgment against the recipient.
beyond the age of majority Except: the excess beyond
The education of the person entitled to be Transportation includes going to and from required for legal support in a will
supported referred to in the preceding school and place of work or contractual supports hall be
paragraph shall include his schooling or training Can be given even beyond the age of majority subject to levy or execution.
for some profession, trade or vocation, even Support is never final (no res judicata) can be (Contractual support is subject to
beyond the age of majority. Transportation shall changed adjustment whenever
include expenses in going to and from school, or modification is necessary)
to and from place of work.
Art. 195: Subject to the provisions of the 1. Spouses *Adopted children only up to
succeeding articles, the following are obliged to 2. Legitimate ascendant and descendants parents for support. Others aren’t
support each other to the whole extent set forth 3. Parents and their legitimate children and their obliged to support. (If the adopter
in the preceding article: illegitimate/legitimate grandchildren dies or abandons then the state
1. The spouses; 4. Parents and their illegitimate children and their takes over)
2. Legitimate ascendants and descendants; illegitimate/legitimate grandchildren *Mandatory and essential cannot
3. Parents and their legitimate children and the 5. Legitimate brothers and sisters whether whole be transmitted to a 3rd person nor
legitimate and illegitimate children of the latter; or half blood can it be waived.
4. Parents and their illegitimate children and the 6. Brothers and sisters not legitimately related are (Prohibition against any
legitimate and illegitimate children of the latter; also obliged to support unless if he/she is of compromise of the right to future
and age and is due to claimants fault or negligence support)
5. Legitimate brothers and sisters, whether of no support. *If relationship between one to be
full or half-blood - A child inside a womb is already considered born thus supported and the one to support
entitled to all benefits that accrue to him/her provided is in issue, status of the parties
that the child is born after. should be established first.
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Art. 196: Brothers and sisters not legitimately - They are no longer bound when the child is
related, whether of the full or half-blood, are above the age of majority or due to the
likewise bound to support each other to the full negligence.
extent set forth in Article 194, except only when
the need for support of the brother or sister,
being of age, is due to a cause imputable to the
claimant's fault or negligence.
Article 197: In case of legitimate ascendants; Support for legitimate ascendants, descendants *IF the legitimate descendants
descendants, whether legitimate or illegitimate; (legitimate or illegitimate), brothers and sisters are the common children then
and brothers and sisters, whether legitimately or (legitimate or illegitimately related) shall be taken ACP and CPG shall be principally
illegitimately related, only the separate property from separate property charged.
of the person obliged to give support shall be If no separate properties from ACP or CPG *Support can’t be taken from the
answerable provided that in case the obligor has (advancement). children’s property unless there
no separate property, the absolute community But if it is the illegitimate children, insufficiency is was no need or demand from
or the conjugal partnership, if financially enough to make ACP liable and insufficiency plus recipient. (If this happens can
capable, shall advance the support, which shall payment of charges to make CPG liable. forfeit bond made by guardian
be deducted from the share of the spouse For spouses, generally from ACP or CPG absence parent over property-art. 225)
obliged upon the liquidation of the absolute of then from fruits of ACP or CPG insufficiency or
community or of the conjugal partnership absence of from the separate properties
themselves.
Art. 198: During the proceedings for legal Support pending litigation generally obtain from *After declaration of nullity or
separation or for annulment of marriage, and for ACP or CPG annulment no more obligation to
declaration of nullity of marriage, the spouses In case of support between husband and wife support
and their children shall be supported from the where validity of marriage is in issue, aggrieved *In legal separation support
properties of the absolute community or the cannot be given support pendent elite by the other ceases unless guilty spouse is
conjugal partnership. After the final judgment spouse (from his separate property) ordered to support innocent.
granting the petition, the obligation of mutual Legal separation or annulment: spouses shall be *If wife is adulterous it can be a
support between the spouses ceases. However, supported by ACP or CPG. defense in an action for support
in case of legal separation, the court may order against separate property of the
that the guilty spouse shall give support to the spouse but wife can still get
innocent one, specifying the terms of such support from ACP or CPG.
order.
Art. 199: Whenever two or more persons are The list is in order of priority of who should
obliged to give support, the liability shall devolve support first. The others are not obliged to give
upon the following persons in the order herein support if those higher on the list are present.
provided:
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1. The spouse; Art. 200:if the liability to support falls on 2 people it will
2. The descendants in the nearest degree; be divided between them in the proportion of their
3. The ascendants in the nearest degree; and resources.
4. The brothers and sisters. -But in case of urgency, the judge may order only one of
them to give and then just get reimbursed from the other
Art. 200: When the obligation to give support after.
falls upon two or more persons, the payment of -When there are two or more people claiming for support
the same shall be divided between them in and the one obliged to give doesn’t have enough, order
proportion to the resources of each. will be followed except when the one who needs
However, in case of urgent need and by special support is a spouse and a child in which case the child
circumstances, the judge may order only one of shall be preferred. (Wife is preferred when it is an
them to furnish the support provisionally, without illegitimate child)
prejudice to his right to claim from the other
obligors the share due from them.
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Art. 203: The obligation to give support shall be Demand is essential shows manifestation of
demandable from the time the person who has a needs.
right to receive the same needs it for
maintenance, but it shall not be paid except
from the date of judicial or extra-judicial
demand.
Support pendente lite may be claimed in
accordance with the Rules of Court.
Payment shall be made within the first five days
of each corresponding month or when the
recipient dies, his heirs shall not be obliged to
return what he has received in advance.
Art. 204: The person obliged to give support How to provide support
shall have the option to fulfill the obligation Can be by giving the money or allowance
either by paying the allowance fixed, or by Or by allowing the person to stay in family
receiving and maintaining in the family dwelling dwelling unless there is a legal or moral
the person who has a right to receive support. obstacle (usually refers to illegitimate children
The latter alternative cannot be availed of in who are generally not allowed to get from ACP
case there is a moral or legal obstacle thereto. or CPG)
Art. 205: The right to receive support under this The right to receive support and the money or * However in case of contractual
Title as well as any money or property obtained property obtained as such support cannot be support or that given by will, the
as such support shall not be levied upon on made to satisfy any judgment against the excess amount beyond that
attachment or execution. recipient required for legal support can be
subject of execution.
Art. 206: When, without the knowledge of the Art. 206 Requisites: Quasi-contract: juridical relation
person obliged to give support, it is given by a There is a need to be supported and without which arises from certain lawful,
stranger, the latter shall have a right to claim the knowledge of person obliged to give support voluntary and unilateral acts to
same from the former, unless it appears that he it is given by another, he can reimburse unless the end that no one shall be
gave it without intention of being reimbursed. he has no intention of being reimbursed. unjustly enriched or benefited at
If person obliged to give support unjustly the expense of another (basis for
Art. 207. When the person obliged to support refuses a third person can give it with right of reimbursement of one who gives
another unjustly refuses or fails to give support reimbursement. support)
when urgently needed by the latter, any third Art. 207 Requisites:
person may furnish support to the needy 1. Urgent need to be supported on the part of the
individual, with right of reimbursement from the recipient
person obliged to give support. This Article shall 2. The person obliged to support unjustly refuses
particularly apply when the father or mother of a or fails to give support.
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child under the age of majority unjustly refuses 3. Third person furnishes the support to the needy
to support or fails to give support to the child individual
when urgently needed. *If all are present 3rd person shall have right to
reimbursment.
Art. 208: In case of contractual support or that - This is different from legal support, which cannot
given by will, the excess in amount beyond that be levied upon; contractual support however is
required for legal support shall be subject to levy not mandated by law.
on attachment or execution - The excess in amount of legal support shall be
subject to levy on attachment or execution.
PARENTAL AUTHORITY
Art. 209: Pursuant to the natural right and duty - Natural affection between the parents and the
of parents over the person and property of their offspring has always been recognized as an
unemancipated children, parental authority and inherent and natural right.
responsibility shall include the caring for and - Parental authority involves a mass of rights and
rearing them for civic consciousness and obligations.
efficiency and the development of their moral,
mental and physical character and well-being.
Art. 210: Parental authority and responsibility - Parental authority and responsibility may not be Except when provided by law
may not be renounced or transferred except in renounced or transferred except in the cases (Cases of adoption,
the cases authorized by law. authorized by law. Parental authority and guardianship and surrender to a
responsibility cannot be renounced or children’s home or orphanage)
transferred -When a parent gives authority to
another it merely temporary
custody not renunciation.
Art. 211: The father and the mother shall jointly In case of disagreement the father’s decision
exercise parental authority over the persons of shall prevail unless there is a judicial order.
their common children. In case of disagreement, Children should observe respect and are
the father's decision shall prevail, unless there is obliged to obey them as long as they are under
a judicial order to the contrary. their parental authority
Children shall always observe respect and Applies to both legitimate and illegitimate
reverence towards their parents and are obliged Requisites for it to apply to illegitimate:
to obey them as long as the children are under 1. Paternity is knows or the father is certain.
parental authority.
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engaged in child are shall have special parental special parental authority and responsibility can be proven that such person
authority and responsibility over the minor child over the minor child while under their exercised the proper diligence in
while under their supervision, instruction or supervision, instruction, custody. (This the circumstances. Parents
custody. authority applies to authorized activities inside can’t use diligence as a
Authority and responsibility shall apply to all or outside the premises) defense (imputed liability flows
authorized activities whether inside or outside the Those given special authority shall be from filial relation).
premises of the school, entity or institution. principally and solidariliy liable (civil liability) for *Can be an academic or non-
damages caused by the acts or omissions of academic school.
Art. 219: Those given the authority and the minor. (Must be teacher in charge etc).
responsibility under the preceding Article shall be Parents or those who have substitute parental
principally and solidarily liable for damages authority shall be subsidiarily liable (if
caused by the acts or omissions of the persons with special authority cannot cover the
unemancipated minor. The parents, judicial liability)
guardians or the persons exercising substitute Under the civil code, article 2180, teachers etc
parental authority over said minor shall be can still be held liable when children are not
subsidiarily liable. anymore minors subject to the defense of
proper diligence.
The respective liabilities of those referred to in the
preceding paragraph shall not apply if it is proved
that they exercised the proper diligence required
under the particular circumstances.
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3. To provide them with moral and spiritual 6. Represent them in all matters affecting their
guidance, inculcate in them honesty, integrity, interest.
self-discipline, self-reliance, industry and thrift, 7. Demand respect and obedience
stimulate their interest in civic affairs, and inspire 8. Impose discipline
in them compliance with the duties of citizenship; 9. Others imposed by law
4. To furnish them with good and wholesome Disciplinary Actions: parents may inflict a reasonable
educational materials, supervise their activities, measure of corporal punishment.
recreation and association with others, protect (Read Child and Youth Welfare Code –Rights of the
them from bad company, and prevent them from child)
acquiring habits detrimental to their health, studies
and morals;
5. To represent them in all matters affecting their
interests;
6. To demand from them respect and obedience;
7. To impose discipline on them as may be
required under the circumstances; and
8. To perform such other duties as are imposed by
law upon parents and guardians.
Art. 221: Parents and other persons exercising Parents are primarily liable (civilly) for injuries Exception: if parents can show
parental authority shall be civilly liable for the and damages caused by the acts and that they exercised the diligence
injuries and damages caused by the acts or omissions of their unemancipated children of a good father, then no liability.
omissions of their unemancipated children living in living in their company and under their parental
their company and under their parental authority authority.
subject to the appropriate defenses provided by
law.
Art. 222: The courts may appoint a guardian of Court may appoint a guardian for purposes of
the child's property or a guardian ad litem when the lawsuit when the best interest of the child
the best interests of the child so requires. requires it.
GUARDIANSHIP: trust relation of the most sacred
character.
Art. 223: The parents or, in their absence or Person who has parental authority may seek Art. 224: The measures referred
incapacity, the individual, entity or institution the assistance of the court to discipline the to in the preceding article may
exercising parental authority, may petition the child and with a counsel shall undergo a include the commitment of the
proper court of the place where the child resides, summary hearing. child for not more than thirty
for an order providing for disciplinary measures If the court finds that it is the petitioner at fault, days in entities or institutions
over the child. The child shall be entitled to the the court may suspend or deprive him of engaged in child care or in
assistance of counsel, either of his choice or parental authority. children's homes duly accredited
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appointed by the court, and a summary hearing During the commitment of the child the parent by the proper government
shall be conducted wherein the petitioner and the cannot interfere with the care of the child but agency.
child shall be heard. will provide support. The parent exercising parental
However, if in the same proceeding the court finds The court may terminate the commitment of authority shall not interfere with
the petitioner at fault, irrespective of the merits of the child whenever just and proper. the care of the child whenever
the petition, or when the circumstances so committed but shall provide for
warrant, the court may also order the deprivation his support. Upon proper petition
or suspension of parental authority or adopt such or at its own instance, the court
other measures as it may deem just and proper. may terminate the commitment
of the child whenever just and
proper.
EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN
Art. 225. The father and the mother shall jointly No need for a judicial court to appoint
exercise legal guardianship over the property of the parents as guardians. It is presumed that
unemancipated common child without the necessity the parents act for the best interest of the
of a court appointment. In case of disagreement, the child.
father's decision shall prevail, unless there is a Prohibition (cases where a parent cannot be the
judicial order to the contrary. administrator of the property):
1. When a parent is disinherited and his/her
Where the market value of the property or the annual child inherits from the child’s grandparents
income of the child exceeds P50,000, the parent his share of the compulsory inheritance, the
concerned shall be required to furnish a bond in such parent cannot administer such property. The
amount as the court may determine, but not less than parent however can administer whatever is
ten per centum (10%) of the value of the property or given to the child by way of voluntary will.
annual income, to guarantee the performance of the 2. When the parent is unfit to administer the
obligations prescribed for general guardians. property and thus a guardian is needed.
- Parent’s authority over the estate of the
A verified petition for approval of the bond shall be ward as a legal-guardian would not extend
filed in the proper court of the place where the child to acts of encumbrance or disposition, as
resides, or, if the child resides in a foreign country, in distinguished from acts of management or
the proper court of the place where the property or administration.
any part thereof is situated. 1. if the market value of total property or income of
child is more than P50k, the parent has to give a
The petition shall be docketed as a summary special bond not less than 10% of value of property to
proceeding in which all incidents and issues guarantee performance of the obligations prescribed
regarding the performance of the obligations referred for general guardians. (to be sure that guardians
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to in the second paragraph of this Article shall be don’t abuse their authority and do what they are
heard and resolved. required to do)
2. rules on guardianship apply supplementary to
The ordinary rules on guardianship shall be merely parents, but if child is under substitute parental
suppletory except when the child is under substitute authority or guardian is a stranger then rules on
parental authority, or the guardian is a stranger, or a guardianship apply.
parent has remarried, in which case the ordinary *parent’s authority over the estate does not include
rules on guardianship shall apply. alienation or encumbrance, or compromise or
waiver (void). – authority is needed from court.
Art. 226. The property of the unemancipated child Child’s salary still for his/her exclusively
earned or acquired with his work or industry or by used for benefit of child but child also has
onerous or gratuitous title shall belong to the child in obligation to support ascendants thus salary
ownership and shall be devoted exclusively to the can be used.
latter's support and education, unless the title or Parent’s cannot use property for personal
transfer provides otherwise. use.
The right of the parents over the fruits and income of -the child shall own exclusively whatever he earns
the child's property shall be limited primarily to the or by onerous or gratuitous title.
child's support and secondarily to the collective daily -the fruits of such can only be used by the parents
needs of the family. for the support of the child and secondarily for the
support of the family.
Art. 227: If the parents entrust the management or Parents who engage their unemancipated
administration of any of their properties to an child to take care of their properties are to
unemancipated child, the net proceeds of such give their child a monthly allowance taken
property shall belong to the owner. The child shall be from the gross proceeds of the property for
given a reasonable monthly allowance in an amount the month. Such will not be charged to the
not less than that which the owner would have paid if child’s legitime.
the administrator were a stranger, unless the owner, The net proceeds or the balance left after
grants the entire proceeds to the child. In any case, the payment of the allowance and expenses
the proceeds thus give in whole or in part shall not be will go to the parents
charged to the child's legitime.
SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
Art. 228: Parental authority terminates permanently: The court upon the death of the parents can *parental authority cannot be
1. Upon the death of the parents; appoint a guardian on petition of a relative, revived in these cases.
2. Upon the death of the child; or family friend, or DSWD.
3. Upon emancipation of the child. These situations extinguishes parental
authority
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Art. 229: Unless subsequently revived by a final Grounds for termination: *for the reinstatement of
judgment, parental authority also terminates: 1. Adoption – all legal ties are severed an are parental authority judicial
1. Upon adoption of the child; vested on the adopter. declaration is needed for
2. Upon appointment of a general guardian; 2. appointment of guardian reinstatement of parental
3. Upon judicial declaration of abandonment of the 3. abandonment of child (upon judicial authority.
child in a case filed for the purpose; declaration in a case filed for the purpose)
4. Upon final judgment of a competent court divesting 4. final judgment from court depriving parental
the party concerned of parental authority; or authority
5. Upon judicial declaration of absence or incapacity 5. judicial declaration of absence or incapacity
of the person exercising parental authority. of person
Art. 230: Parental authority is suspended upon - parental authority is suspended upon conviction of *parental authority is
conviction of the parent or the person exercising the the parent of a crime that has civil interdiction (loss automatically reinstated upon
same of a crime which carries with it the penalty of of rights of parental authority, guardianship to service of sentence or pardon.
civil interdiction. The authority is automatically person and property of ward, marital authority, right
reinstated upon service of the penalty or upon pardon to manage his property and right to dispose of such.
or amnesty of the offender.
Art. 231: The court in an action filed for the purpose Suspension of parental authority (can be from a *if the degree or seriousness so
in a related case may also suspend parental authority case related, offshoot of another case. Does not warrants parent may be
if the parent or the person exercising the same: have to be case filed for the purpose) deprived of authority.
1.Treats the child with excessive harshness or cruelty 1. treats the child with excessive harshness or *Parental authority may be
2. Gives the child corrupting orders, counsel or cruelty revived in a case filed for its
example; 2. gives child corrupting orders, example or purpose or in the same
3. Compels the child to beg; or counsel proceeding if the court finds that
4. Subjects the child or allows him to be subjected to 3. Compels the child to beg the cause has ceased.
acts of lasciviousness. 4. Subjects or allows him to be subject to acts
The grounds enumerated above are deemed to of lasciviousness (not actual sexual act,
include cases, which have resulted from culpable force or intimidation with lewd design)
negligence of the parent or the person exercising * This may include cases where the parent was
parental authority. negligent or didn’t do anything about the situation.
If the degree of seriousness so warrants, or the
welfare of the child so demands, the court shall
deprive the guilty party of parental authority or adopt
such other measures as may be proper under the
circumstances.
The suspension or deprivation may be revoked and
the parental authority revived in a case filed for the
purpose or in the same proceeding if the court finds
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EMANCIPATION
Art. 234: Emancipation takes place by the - Emancipation is attained upon reaching 18 years of
attainment of majority. Unless otherwise age. Marriage is no longer a ground for emancipation
provided, majority commences at the age of since now one can only contract a marriage when they
eighteen. marry.
Art. 236: Emancipation for any cases shall - Parental consent is more in keeping with Filipino *Illegitimate children: liability
terminate parental authority over the person culture and tradition. is with the mother; the father
and property of the child who shall then be - Once emancipated he/she can sue or be sued alone, is only relied upon for
qualified and responsible for all acts of civil of and is responsible and qualified for all acts of civil life support.
life, save the exceptions established by Parent’s liability:
existing laws in special cases. - The father and in case of death or incapacity the
Contracting marriage shall require parental mother are responsible for the damages caused by the
consent until the age of 21. children between 18 and 21 who live in their company.
Nothing in this code shall be construed to - Parents are also subsidiary liable for the acts or
derogate from the duty or responsibility of omission of their emancipated child living in their
parents and guardians for children and wards custody,
below twenty-one years of age mentioned in Guardian’s liability:
the second and third paragraphs of Article - Guardians are liable for damages if the person is
2180 of the civil code. under their authority and live in their company.
Summary proceedings:
- claims for damages by either spouse must be done in a separate action.
- Preliminary conference: done by judge with the parties w/o counsel. But if the court deems it necessary, they can be assisted by counsel
after.
- Decisions become final and executory immediately (no more lapse of 15 days etc) however aggrieved party can still appeal to higher
courts on the basis of denial of due process.
Family courts:
- shall establish family courts in every province and city. If the city is the capital of the province then in the municipality with the highest
number of people.
Jurisdiction over:
1. criminal cases of those 9-18 years of age (but all cases concerning determination of age still with family courts)
2. petitions for guardianship, custody, habeas corpus
3. adoption and revocation thereof
4. annulment, nullity, relating to marital status, property relations, dissolution of CPG
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Funerals:
- same arrangement established for support (spouses, descendants then ascendants in the nearest degree, brothers and sisters above 21)
Brothers and sisters or descendants –oldest are preferred, ascendants – paternal is preferred.
- In keeping with the social position of the deceased, and in accordance to the expressed wishes of the deceased, in the absence religious
beliefs, in case of doubt shall be decided upon by the person making the arrangements after consultation with the family.
- Human remains can’t be disposed or exhumed without the consent of the persons in arrangement.
- A person who allows disrespect to the dead will be liable to the family for moral and material damages.
- Mausoleum or a tomb is part of funeral expenses, which shall be chargeable to the property regime if the spouse is making arrangements.
USE OF SURNAMES
Art. 364: Legitimate and legitimated children - Legitimate, legitimated children use surname of
shall principally use the surname of the father. their dad
Art. 365: An adopted child shall bear the - Adopted children are considered the legitimate
surname of the adopter. child of the adopter for all intents and purposes
and thus is entitled to all the rights and
obligations provided by law.
- Adopted children bear the name of their
adopter.
Art. 366: A natural child acknowledged by both Art. 176: illegitimate children shall use the surname of
parents shall principally use the surname of the the mother and shall be under their parental control.
father. If recognized by only one of the parents, a - Art. 176 however does not apply if the father of
natural child shall employ the surname of the the illegitimate child is certain as when the said
recognizing parent. father categorically admits that the illegitimate
Art. 367: Natural children by legal fiction shall common child is his and at the same time such
principally employ the surname of the father.
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Art. 368: Illegitimate children referred to in Article - Illegitimate children shall principally use the Exception: father is certain or
287 shall bear the surname of the mother. name of the mother recognizes illegitimate child and
the father lives with the
illegitimate child and mother.
Then can use fathers surname
Art. 369: Children conceived before the decree - Children conceived before the decree
annulling a voidable marriage shall principally annulling a voidable marriage shall use
use the surname of the father. surname of father.
- Decree of annulment is final 15 days after it is
made thus even if the child was born during
that 15 day period the child will still be
legitimate.
Art. 370: A married woman may use: Married woman may use:
1. Her maiden first name and surname and add 1. Her own name
her husband's surname, or 2. maiden first name, surname and husbands
2. Her maiden first name and her husband's surname
surname or 3. maiden name and her husbands surname
3. Her husband's full name, but prefixing a word 4. husbands full name plus “Mrs.”
indicating that she is his wife, such as "Mrs." * Option is give to the woman.
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Art. 374: In case of identity of names and If there are similar names, the younger will be Grandsons and direct male
surnames, the younger person shall be obliged to obliged to use additional names descendants will use:
use such additional name or surname as will If between ascendants and descendants the 1. add middle name or
avoid confusion. word “junior” can only be used by a son. mothers surname
add roman numerals
Art. 375: In case of identity of names and
surnames between ascendants and
descendants, the word "Junior" can be used only
by a son. Grandsons and other direct male
descendants shall either:
1. Add a middle name or the mother's surname,
or
2. Add the Roman Numerals II, III, and so on.
Art. 376: No person can change his name or No change in name or surname without judicial Exception: if it is for merely
surname without judicial authority. authority changing clerical or typographical
Reasons for change in surname: error no need for judicial authority
1. ridiculous name (must not involve a change in
2. change of civil status nationality, age, status, or sex)
3. to avoid confusion Change in nickname:
*laws do not permit a legitimate child of another to 1. ridiculous, tainted with
adopt the surname of another person even if that dishonor, difficult to
person is exercising parental authority. But if it is an pronounce
illegitimate child, change of surname is permitted 2. habitually used and
- change of name does not alter family relations, known by other people as
rights or duties, legal capacity, civil status or that
citizenship. 3. change will avoid
confusion.
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Art. 377: Usurpation of a name and surname The usurpation or use of a name and surname *usurpation means some injury to
may be the subject of an action for damages and without authority could result in a claim for the interests of the person
other relief. damages (possibility of confusion of identity
Art. 378: The unauthorized or unlawful use of Unauthorized or unlawful use of another’s etc)
another person's surname gives a right of action name also gives right for an action to the latter.
to the latter.
Art. 379: The employment of pen names or Pen names and stage names permitted as long *stage names cannot be usurped
stage names is permitted, provided it is done in as done in good faith and no one gets injured. as the people have vested rights
good faith and there is no injury to third persons. in them as well.
Pen names and stage names cannot be usurped.
Absence:
- at the instance of an interested party the judge may appoint a person to represent him
- judge shall take necessary measures to safeguard rights and interests of absentee (specify powers, regulations etc.) –spouse is
preferred if no legal separation.
Declaration of absence - 2 yrs if no news about the absentee
- 5 yrs if absentee left someone in charge
Who may seek - spouse present *judicial declaration shall not take effect until 6
declaration of absence - heirs instituted in a will months after its publication.
- relatives who may succeed by the law of intestacy
(legitimate, illegitimate relatives, collateral relatives)
- those who have right to the property subordinated to the
condition of his death
Some of its effects - cause for involuntary judicial separation *spouse can’t alienate/encumber property
- basis for termination of property regime without judicial authority.
- transfer of exclusive properties to the present spouse
- termination of parental authority
Termination of - when absentee appears of his agent
administration - death of the absentee is proved and his heirs appear
- 3rd person appears with a right over the property
Presumption of death - 7 years for intents and purposes except succession *if the absentee appears or his existence is
through absence - 10 yrs for purposes of opening succession proven he shall recover all his property in the
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- if disappeared after the age of 75, 5 years enough condition they are in but cannot claim the
Presumption of death in - on board a lost vessel during sea voyage, airplane that fruits or rents.
dangerous situations is missing and has not been heard of in 4 years since *if the absentee is the heir, his share shall
loss. (if there is a wreckage and person is missing, not 4 accrue to his co-heirs, unless hi has heirs or a
years) representative. (right of representation). If
- Person in the armed forces engaged in war and is absentee reappears he has claim to get what
missing for 4 years was supposed to be his from those that got it
- Person in danger of death and existence has not been within the prescriptive period.
known for 4 years.
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Adoption: Right to create relationship of parent and child between persons who are not related exists only by virtue of statute.
Domestic adoption
- Policy of the state to ensure that child is provided with love, care and remains with parents and only when the child can’t be placed with
extended family shall adoption by unrelated person be considered.
In accordance with tenets of:
1. UN Convention on Rights of a Child
2. UN Declaration of Social and Legal Principles Relating to the Protection and Welfare of Children
3. Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption.
State Policy:
1. Safeguard biological parents from making hurried decisions. (Counseling, no commitment to a potential adopter before birth, etc.)
2. Prevent child from unnecessary separation from parents
3. Protect adoptive parents from disturbance of their parental authority over adopted.
4. Promote sensitive environment for adoption through campaigns and public information
5. Government has sufficient capacity to provide for adoption properly.
6. Encourage domestic adoption and make inter-country adoption a last resort.
- Being a statutory creation, all requirements must be met with if not, no rights may flow from this.
Pre-Adoption Services: Counseling for natural parents, adopter, and adoptee.
Eligibility:
1. Filipino citizen of legal age with full civil capacity and legal rights.
a. Not convicted of a crime involving moral turpitude
b. Emotionally/Psychologically capable of caring for children
c. At least 16 years older then the adoptee (unless adopter is the biological parent or spouse of the biological parent)
d. In a position to support and care for
2. Aliens with same qualifications plus
a. Country has diplomatic relations with Philippines
b. Living in the Philippines for at least 3 continuous years
i. Residency requirement is waived if the adopter was:
1. Former Filipino citizen who seeks to adopt a relative with in the 4th degree of consanguinity or affinity
2. Seeks to adopt legitimate child of Filipino spouse
3. One who is married to a Filipino and seeks to adopt jointly with her a relative within the 4 th degree of
consanguinity or affinity of Filipino spouse.
c. Foreign country will allow the adoptee to enter such country
d. Certified to be legally capacitated to adopt
3. Guardian with respect to ward (after clearance of finances
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Inter-country Adoption:
- Socio-legal process of adopting a Filipino Child by a foreign national or Filipino Citizen residing abroad where petition for adoption is filed
Inter-country adoption board: act as central authority for all matters relating to inter-country adoption
- Board shall ensure that adoption in family code has been exhausted and inter-country adoption is in the best interest of the child.
- The board upon recommendation of the placement committee shall only approve matching of a child to a foreign adoptive family.
Functions of Board:
1. Rules and regulations
2. Guidelines for the convening of inter-country adoption placement committee
3. Guidelines for Matching/Collection
4. Fees and Charges to be executed
5. Form and Contents of application
6. Formulate policies etc to protect children
7. Prevent improper financial gain
8. Promote development of adoption service
9. Accredit/authorize foreign adoption agency
10. Ensure confidentiality of records
11. Prepare/Modify agreements
12. Assist other agencies
13. Others
Who may be adopted: Only a legally free child (voluntarily or involuntarily committed)
Who may adopt: Any alien or Filipino citizen residing abroad provided:
1. At least 27 years old and 16 years older then the adopted unless adopter is biological parent. If married, they must jointly file adoption.
2. Has capacity to act and assume rights and responsibilities of a parent under his national laws. Also has undergone counseling form an
accredited counselor in his/her country
3. Not been convicted of a crime involving moral turpitude
4. Eligible to adopt under his nationality laws
5. Able to give proper care and support
6. Agrees to uphold basic rights of child
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7. Comes from a country that the Philippines has diplomatic ties with. (Philippine maintains authorized and accredited agency, adoption is
allowed under his or her laws)
- To be filed with the RTC or the board through an agency.
Matching: Judicious pairing of the applicant and the child to promote a mentally satisfying parent-child relationship.
- No matching arrangement between applicant and parents before the committee’s proposal unless it is relative or it is for the child’s best
interest.
- Applicant must fetch child within 30 days after notice of issuance of visa.
Trial custody: 6 months with submission of progress reports before adoption decree becomes final.
- If pre-adoptive relationship is unsatisfactory, it will be terminated and Board may choose from roster of applicants a qualified family,
absence the foreign agency may propose.
Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements with countries of the
foreign adoption agencies.
Illegal Adoption (presumed):
1. Consent for adoption acquired through or attended by force, coercion, etc.
2. No authority from board
3. Procedures and safeguards not complied with
4. Child exposed to danger, abuse and exploitation
- Attempt to commit offense punishable
- Acts punishable above considered child trafficking
RA 7610: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.
- State shall intervene when person who is supposed to protect a child cannot or if those acts are being committed by the parent against the
child.
Children 18 years or below or those above 18 but are unable to protect themselves from exploitation/discrimination due to physical or mental
disability.
Child Abuse: habitual or non-habitual maltreatment
1. Psychological or physical abuse (neglect, cruelty emotional maltreatment, sexual abuse)
2. Acts by deeds or words, which degrades or demeans intrinsic worth or human dignity of child.
3. Unreasonable deprivation of basic needs
4. Failure to give immediate medical treatment when needed.
Circumstances, which gravely threaten or endanger survival and normal development:
1. Living in an area affected by armed conflict
2. Working under conditions hazardous to life, safety, morals
3. Living or fending for themselves without the care of anyone
4. Living in an area lacking basic services (indigenous cultural community, extreme poverty, underdeveloped area)
5. Victim of calamity
6. Analogous situations.
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Child prostitution and other sexual acts/abuse: For any consideration or through coercion or influence indulge in sexual acts.
Attempt to commit: Any person who is in a secluded area with a child and such person is not a relative.
Child trafficking: trading, dealing, buying, and selling of children
Attempt to commit: Child travels alone to foreign country without reason or clearance form DSWS, pregnant women consents to adoption
for a consideration, establishment which recruits women to bear children. Person engaged in finding children from low-income families.
Obscene publications and indecent shows: perform obscene exhibitions in shows, video or model and sells/distributes this.
Other acts of abuse: use coercion, force or intimidation to make a child beg, traffic drugs, or conduct other illegal activities
- Establishments where these acts are done will be closed and their license to operate will be canceled.
Working Children: below 15 years of age can work provided:
1. Work permit from DOLE
2. Employer shall ensure protection, health, safety, morals
3. Prevent exploitation or discrimination
4. Continuous training of child
- Cant employ child in commercials for alcohol, tobacco, violence
Children of Indigenous Cultural Communities:
- Institute an alternative education for children which is culture specific and relevant to their needs
- Delivery of basic social services.
Situations of Armed Conflict:
- Policy of state to resolve such for best interest of children
1. Shall not be object of attack; entitled to special respect
2. Not recruited in army
3. Delivery of basic social services
4. Public infrastructures (schools, hospitals) not to be used
5. Facilitate reunion of families
Children arrested for reasons of armed conflict:
1. Separate detention cells from adults unless they are family.
2. Immediate free legal assistance
3. Immediate notice to parents
4. Release within 24 hours to DSWD or other
Who may file: offended parents/ guardians, ascendants, relative within the 3rd degree of consanguinity social worker of DSWS or other,
Barangay chairman, 3 citizens of the place where it occurred.
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Article 86: Donor may revoke 5. Marriage is not celebrated or is void ab initio Exception: If the donation is in the
donation by reason of marriage in (including art. 52-53) marriage settlement it will be revoked by
the following cases Prescription: operation of law.
- marriage is void: 5 years from Judicial Declaration Exception: If the marriage is void due to
of Nullity (if doesn’t want to give it back, prescribe Article 40, or Article 44, then
after 8 years for movable, 30 years for automatically revoked
immovable)
- marriage not celebrated: 5 years from when it was
not celebrated
6. Marriage takes place without consent of parents
Prescription:
- 5 years from the time he had knowledge that consent
was not obtained, after the marriage.
7. Upon legal separation when donee is the guilty Exception: if the ground for legal
spouse separation is infidelity in the form of
Prescription: adultery or concubinage it will be
- 5 years from finality of decree. automatically void.
8. When there is a resolutory cause and the Exception: between husband and wife
condition has been complied with prescription does not run.
Prescription:
5 years from the happening of the resolutory condition.
6. Acts of ingratitude:
- donee commits an offense against the person or
property of the donor, his wife, or children
- donee imputes to the donor any criminal offense
involving moral turpitude unless it against the donee
- donee unduly refuses to support donor when he is legally
or morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge of the fact
of ingratitude
Article 87 -husband and wife can’t donate to each other Exception: can give moderate gifts.
-also those who cohabitate with each other
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1. Article 43: Donations made in subsequent marriages without judicial declaration of nullity or in case of reappearance if the donee acted
with bad faith.
2. Article 44: When both spouses acted with bad faith then all donations and testamentary dispositions shall be revoked.
3. Article 64: (Legal separation) the offending spouse will be disqualified from inheriting from innocent spouse in intestate succession,
provisions in favor of the offending spouse in the will of the innocent spouse shall be revoked by operation of law.
4. Article 81: Donations and other stipulations made in the marriage settlement by reason of marriage shall be revoked by operation of law
is marriage is not celebrated
5. Article 87: Donations between husband and wife (direct or indirect), or those who cohabit = void
a. Even if made by both spouses for a purpose other than vocational or professional.
6. Donations given to one by another when they have committed adultery or concubinage is void and revoked by operation of law.
CHILDREN:
Rights under title 12 of civil code
1. entitled to parental care
2. receive at least elementary education
3. moral and civic training
4. live in an atmosphere conducive to his physical, moral and intellectual development
duties of the child
1. obey and honor his parents or guardian
2. respect his grandparents, old relatives and those with substitute parental authority.
3. Exert his utmost for his education and training.
4. Cooperate with the family
Legitimate Illegitimate
Those conceived in the 15-day period prior to the finality of the Children born in a valid marriage but is impugned by the
decree of annulment. father
Conceived or born before a voidable marriage is terminated Children conceived or born in a void marriage
Children conceived or born in a void marriage pursuant to article Cannot be legitimated: when from an adulterous
40, 52, and 53 relationship or bigamous marriage.
Children conceived or born in a void marriage because of
psychological incapacity
*but if child was conceived and born prior to the marriage, marriage
does not make child legitimate
Children conceived and born prior to the marriage if there are no
legal impediments at that time then the subsequent marriage will
make them legitimate.
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1. Parents abandoned their children, or induced their daughters to live a corrupt or immoral life, attempted against
her virtue
2. Convicted of an attempt against the life of the testator, his spouse, or descendants or ascendants.
3. Accused of a crime…
4. Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer
within a month unless authorities have already taken action. (not applicable wherein law there is no obligation to
make an accusation.
5. Person convicted or adultery or concubinage with the spouse of the testator
6. Cause testator to make or change will
7. By same means, prevents one from making will, revoking will, or concealing will
8. Falsifies or forges will of decedent
b. Incapable of succeeding
i. Art. 1027: the following are incapable of succeeding
1. Priest etc who hear confession of testator during his last illness or minister who extended spiritual aid to him
2. Relatives of 1 within the fourth degree, the church or institution to which such minister may belong
3. Those made to a guardian by his ward before the final accounts have been approved unless guardian is
ascendant, descendant, brother or sister or spouse
4. Any attesting witness to the execution of a will, the spouse, parents or children or an one claiming under such
witness, spouse, parents or children.
5. Physician, surgeon, nurse, etc who took care of testator during last illness
6. Individuals, associations, corporations not permitted by law to inherit.
Abandonment: he or she has left the conjugal dwelling without intention of returning. A spouse who has left the conjugal dwelling for a period of 3
months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no
intention of returning to the conjugal dwelling. (physical, financial and moral desertion)
- spouse can seek for receivership, judicial separation of property, and sole administration
- abandonment for more than one year can lead to legal separation
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Deadlines:
Article 47 For one who obtains a marriage without prior consent - Any time between 18-21 years old by parents
*If ratified then can no longer after he reaches the age of 21 - 5 years after reaching 21 by the party.
be annulled.
Article 47 By the sane spouse without knowledge of insanity, Anytime before the death of either party.
relative, guardian, or person having legal charge
Article 47 By the insane during a lucid interval Anytime before the death of either
Article 47 Consent through fraud 5 years after having knowledge
Article 47 Consent through intimidation, force, undue influence 5 years after it ceases
Article 47 For STD and physical incapacity 5 years after the marriage
Article 50-51 Entry of judgment and decree of nullity become final 15 days from receipt of the parties of the decision
Article 57 Prescription of action for legal separation 5years from the occurrence of the cause.
Article 58 Legal separation trial (during trial they are entitled to After the laps of 6 months after the filing of the
live separately already) petition.
Article 61 After filing of complaint respondent should answer but 15 days after receipt of summons
is not in default if not answered
Article 61 Action for legal separation Terminates upon death of either spouse
Article 64 Revocation by choice of the innocent spouse of 5 years after the decree of legal separation
donations after decree of legal separation becomes final. (Unless the donation is actually void
Art. 87)
Article 182 Impugning legitimacy by those who are prejudiced 5 years from the time their cause of action accrues
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