Professional Documents
Culture Documents
Definition
Fitness to be the subject of legal relations Power to do acts with legal effect
Acquisition
Inherent (coexists with the natural Through the fulfilment of specific legal
person) activities
Loss
Only through death Through death and other causes
In relation to the other
Can exist without capacity to act Cannot exist w/o juridical capacity
Limitation
None Art. 38 (restriction)
Art. 39 (modification / limitation),
among others
Restrictions on Capacity to Act
Minority
Insanity
Deafmute,
Imbecility,
Prodigality,
Civil Interdiction
Circumstances that modify or limit
capacity to act.
Insanity Trusteeship
Prodigality Penalty
Age Insolvency
Imbecility Absence
DeafMute
Family Relations
Alienage
Civil Personality Ceases
Gender requirement
Contracting parties must only be two persons Contracting parties may be two or more
of opposite sexes persons regardless of sex
Dissolution by agreement
Dissolved only by death or annulment, never by Can be dissolved by mutual agreement among
mutual agreement others.
ESSENTIAL REQUISITES
essential requisites of marriage
Absence of the additional requirement of parental consent does not make the
marriage void but only voidable.
Formal Requisites of Marriage
Marriage Ceremony
Authority of the solemnizing officer
Valid marriage License
Absence of Requisites
XPN: It shall be void, even if it is valid in the foreign country where the
marriage was celebrated, if any of the following circumstances are
present:
Lack of legal capacity even with parental consent (e.g. party is below 18);
Incestuous;
Contracted through Mistake of one party as to the identity of the other;
Contracted following the annulment or declaration of nullity of a previous
marriage but Before partition, etc.;
Bigamous or polygamous except as provided in Art. 41 FC on terminable
bigamous marriages;
Void due to Psychological incapacity;
Void for reasons of Public policy
Void and Voidable Marriages
Void Marriage Voidable Marriage
Status of marriage
Void ab initio Voidable: Valid until annulled
Petition filed
Declaration of Nullity of Marriage Annulment of Marriage
Who may file
GR: Solely by the husband or wife. GR: Offended Spouse
XPN: Any real party in interest, only in the XPN:
following cases: 1.Parents or guardians in cases of insanity
Nullity of marriage cases commenced 2.Parents or guardians before the party
before the effectivity of A.M. No. reaches 21 years old on the ground of
021110. March 15, 2003. Lack of Parental Authority
Marriages celebrated during the
effectivity of the Civil Code. (De Dios
Carlos v. Sandoval, G.R. No. 179922,
December 16, 2008).
Void Marriage Voidable Marriage
Prescriptive Period
No prescriptive period GR: Within 5 years from discovery of the
ground
XPN:
1. Lifetime of spouse in cases of insanity
2. Before the party reaches 21 in cases
where parents or guardians may file
annulment
Children
GR: Illegitimate; Legitimate
XPN: Those conceived or born of
marriages declared void under:
Art.36 (Psychological incapacity), or
Art. 52 in relation to Art. 53
Judicial Declaration
GR: Not necessary that there is judicial Necessary
declaration
XPN: in case of remarriage
VOID MARRIAGE
Either party was of unsound mind Insane spouse: Through free cohabitation
after coming to reason
Consent of either party was obtained by Injured party: Through free cohabitation
fraud with full knowledge of the facts
constituting the fraud.
GROUND RATIFICATION
Vices of consent such as force, Injured party: Through free cohabitation
intimidation or undue influence after the vices have ceased or
disappeared.
Impotence and STD May not be ratified but action may be
barred by prescription only, which is 5
years after the marriage
UNSOUND MIND
Test to determine unsoundness of mind
It is essential that the mental incapacity must
relate specifically to the contract of marriage and
the test is whether the party at the time of the
marriage was capable of understanding the nature
and consequences of the marriage
Who may file Annulment
GR: The sane spouse has the legal standing to file the
action for annulment only in cases where he or she
contracted the marriage without knowledge of the
others insanity.
cash
property
sound security
Requisites before second marriage if
Annulled
He must comply with the requirement
provided for in Art. 52, before he contracts a
subsequent marriage, viz:
The recording in the civil registries and registries
of properties of the following: JPDD
Judgment of annulment;
Partition;
Distribution of properties; and
Delivery of presumptive legitimes.
LEGAL SEPARATION
Grounds for legal separation
Repeated Physical violence or grossly abusive conduct
against petitioner, common child, child of petitioner;
Attempt to corrupt or induce petitioner, common child,
child of petitioner to engage in prostitution, or
connivance in such corruption or inducement
Attempt by respondent against Lifeof petitioner;
Final judgment sentencing respondent to
imprisonment of more than 6 years;
Drug Addiction or habitual alcoholismof respondent;
Note:It must exist after celebration of marriage
Physical violence or moral pressure to Compel
petitioner to change religious or political
affiliation;
Bigamous marriage Subsequently contracted by
respondent in the Philippines or abroad
Sexual Infidelity or perversion;
Lesbianism/homosexuality of respondent;
Note: It must exist after celebration of marriage
Abandonment of petitioner by respondent
without justifiable cause for more than 1 year.
Prescriptive period
An action for legal separation shall be filed
within five years from the time of the
occurrence of the cause (Art. 57, FC). An
action filed beyond that period is deemed
prescribed
Mandatory coolingoff period
The requirement set forth by law that an
action for legal separation shall in no case
shall be tried before 6 months has elapsed
since the filing of the petition, to enable the
contending spouses to settle differences. In
other words, it is for possible reconciliation.
Note: There is no coolingoff period if the ground
alleged are those under R.A. 9262
Duty of the Court in Legal Separation
The Court shall take steps toward the
reconciliation of the spouses and must be fully
satisfied, despite such efforts, that
reconciliation is highly improbable
CONFESSION OF JUDGMENT
A decree of legal separation cannot be issued
solely on the basis of a stipulation of facts or a
confession of judgment. The grounds for legal
separation must be proved. Neither
confession of judgment nor summary
judgment is allowed.
Note: What the law prohibits is a judgment based
exclusively or mainly on defendant's confession. (
Ocampo v. Florenciano,G.R. No. L13553, February
23, 1960)
Who, When, Where
Who may file Husband or wife
When to file Within 5 years from the time of the
occurrence of the cause
Where to file Family Court of the province or city where
the petitioner or the respondent has been
residing for at least 6 months prior to the
date of filing or in case of a nonresident,
where he may be found in the Philippines,
at the election of the petitioner
EFFECTS OF FILING PETITION
The spouses shall be entitled to live separately
from each other.
In the absence of an agreement between the
parties, the court shall designate either the
husband or the wife or a 3rd person to
administer the absolute community or
conjugal partnership property.
Death before Decree
The death of plaintiff before a decree of legal
separation abates such action. Being personal in
character, it follows that the death of one party to the
action causes the death of the action itself actio
personalis moritur cum persona. Even if property rights
are involved, because these rights are mere effects of
the decree of legal separation, being rights in
expectation, these rights do not come into existence as
a result of the death of a party. Also under the Rules of
Court, an action for legal separation or annulment of
marriage is not one which survives the death of
spouse. (Lapuz v. Eufemio, G.R. No. L31429, Jan. 31,
1972)
EFFECTS OF LEGAL SEPARATION
Spouses entitled to live separately;
Note: Marriage bond not severed
ACP/CPG shall be dissolved or liquidated;
Note:But offending spouse shall have no right to any
share of the net profits earned by the AC/CP which
shall be forfeited in according w/ Art. 43(2).
Custody of minor children is awarded to the
innocent spouse (subject to Art. 213, FC);
Offending spouse is disqualified to inherit from
innocent spouse by intestate succession;
Provisions in will of innocent spouse which favors
offending spouse shall be revoked by operation of
law;
Innocent spouse may revoke donations he/she
made in favor of offending spouse;
Note: Prescriptive period: 5 years from finality of
decree of legal separation
Note: Other spouse may object on valid, serious and moral grounds.
In case of disagreement, the court shall decide whether:
a. Objection is proper; and
b. Benefit has accrued to the family before and after the objection.
Note: The foregoing shall not prejudice right of creditors who acted
in good faith.
Obligations compelled by Court
GR: Performance of EMO under Art. 68 cannot
be compelled by court because it will be a
violation of personal liberty.
1.Marriage settlement
2. Family Code in suppletory character.
Governs regime of separation of property
kinds of separation of property
As to extent:
a. Total
b. Partial In this case, the property not agreed
upon as separate shall pertain to the absolute
community.
As to kinds of property:
a. Present property
b. Future property
c. Both present and future property
rights of the spouses under the
regime of separation of property
Legitimated
Conceived or born outside of wedlock of parents without
impediment to marry at the time of conception and had
subsequently married.
Requisites of Legitimation:
No legal impediment for parents to marry at time of conception;
Valid marriage subsequent to childs birth
child conceived by artificial
insemination
To be Legitimate the following conditions must be present:
ADOPTION
WHO CAN ADOPT
Filipino;
Alien;
Guardian with respect to his ward
qualifications of a Filipino
2.Must be of Legal age;
2. In a Position to care for his children;
3. Good moral character;
4. Full civil capacity and legal rights;
5. Not been Convicted of any crime involving moral
turpitude;
6. Emotionally and psychologically capable of caring for
children;
7. GR: At least 16 years older than adoptee
XPN: It is not necessary that adopter be at least 16 years older:
a. Adopter is the biological parent of the adoptee,
b. Adopter is the spouse of adoptees parent.
qualifications of an alien
1.Possesses Same qualifications as those enumerated for Filipino
adopters;
3. GR: Has been living in the Philippines for at least 3 continuous years
prior to the application for adoption and maintains such residence
until adoption decree has been entered.
XPN:
a. He is a former Filipino who seeks to adopt a relative within the 4th
civil degree of consanguinity or affinity,
b. He is married to a Filipino and seeks to adopt jointly with his spouse
a relative within the 4th degree of consanguinity or affinity,
c. He is married to a Filipino and seeks to adopt the legitimate or
illegitimate child of his filipino spouse.
guardian adopt his ward
A guardian may only adopt his ward after
termination of guardianship and clearance of
his financial accountabilities.
Adoption by a married person
GR: Such person must adopt with his spouse
jointly. The general rule is that husband and
wife shall jointly adopt.
XPN:
One spouse seeks to adopt the legitimate child of
the other;
One spouse seeks to adopt his own illegitimate
child;
Spouses are legally separated.
Who may be adopted
Any person below 18 of age who has been administratively
or judicially declared available for adoption;
Legitimate child of one spouse by the other spouse;
Illegitimate child by a qualified adopter to improve the
status of said child to that of legitimacy;
Person of legal age, if prior to the adoption, said person has
been consistently considered and treated by adopters as
their child since minority;
Child whose adoption has been previously rescinded;
Child whose biological parents have died provided no
proceedings have been initiated within 6 months from time
of death
child legally free for adoption
A child voluntarily or involuntarily committed
to the DSWD, freed of his biological parents,
guardians, adopters in case of rescission.
consent necessary for adoption
Adoptee, if 10 years of age and over;
Biological parents of the child, if known or the legal
guardian, or the proper government instrumentality
which has legal custody of the child;
Legitimate children of the adopter, if 10 years old or
over;
Illegitimate children of the adopter, if 10 years old or
over and living with him;
Spouse of the adopted, if married;
Spouse of the adopter, if married.
Grounds for rescission of the
adoption
Attempt on the life of the adoptee;
Sexual assault or violence;
Abandonment and failure to comply with
parental obligations;
Repeated physical or verbal maltreatment by
the adopter.
Adopter cannot rescind but may disinherit the
adoptee.
grounds for disinheritance
1. Groundless accusation against the testator of a crime punishable
by 6 years or more imprisonment;
2. Found guilty of attempt against the life of the testator, his/her
spouse, descendant or ascendant;
3. Causes the testator to make changes or changes a testators will
through violence, intimidation, fraud or undue influence;
4. Maltreatment of the testator by word or deed;
5. Conviction of a crime which carries a penalty of civil interdiction;
6. Adultery or concubinage with the testators wife;
7. Refusal without justifiable cause to support the parent or
ascendant;
8. Leads a dishonorable or disgraceful life.
effects of adoption
1. GR: Severance of all legal ties between the biological parents and
the adoptee and the same shall then be vested on the adopters
XPN: In cases where the biological parent is the spouse of the adopter;
2. Deemed a legitimate child of the adopter;
3. Acquires reciprocal rights and obligations arising from parentchild
relationship;
4. Right to use surname of adopter;
5. In legal and intestate succession, the adopters and the adoptee
shall have reciprocal rights of succession without distinction from
legitimate filiation. However, if the adoptee and his/her biological
parents had left a will, the law on testamentary succession shall
govern.
rescission of the adoption in the
Domestic Adoption Act of 1998 (RA
8552
1. If adoptee is still a minor or is incapacitated Restoration of:
a. Parental authority of the adoptees biological parents, if known or
b. Legal custody of the DSWD;
2. Reciprocal rights and obligations of the adopters and adoptee to
each other shall be extinguished;
3. Court shall order the civil registrar to cancel the amended
certificate of birth of the adoptee and restore his/her original birth
certificate;
4. Succession rights shall revert to its status prior to adoption, but
only as of the date of judgment of judicial rescission;
5. Vested rights acquired prior to judicial rescission shall be
respected
INTERCOUNTRY ADOPTION ACT OF
1995 (RA 8043)
Adopter
1.Any alien;
2. Filipino citizen, both permanently residing
abroad
qualifications
1. At least 27 years old and 16 years older than the child to be adopted at
the time of the application unless adopter is the parent by nature of the
child;
2. If married, his spouse must jointly file for adoption;
3. Has the capacity to act or assume all rights and responsibilities of
parental authority;
4. Not been convicted of a crime involving moral turpitude;
5. Eligible to adopt under his national law;
6. In a position to provide for proper care and support and give necessary
moral values;
7. Agrees to uphold the basic rights of the child mandated by the UN
convention of rights of Child and the Philippine Laws;
8. Comes from a country with which the Philippines has diplomatic
relations and adoption is allowed under his national law;
9. Possesses all the qualifications and none of the disqualifications under
the law or other applicable Philippine laws.
ADOPTEE
Only a legally free child may be adopted provided
the following are submitted:
Child study;
Birth certificate/ foundling certificate;
Deed of Voluntary Commitment/Decree of
Abandonment/Death Certificate of parents;
Medical evaluation or history;
Psychological evaluation;
Recent photo;
Child in intercountry adoption
A child is any person below 15 years old
legallyfree child
A child who has been voluntarily or involuntarily
committed to the DSWD of the Philippines, in
accordance with the Child Youth and Welfare Code
Note: No child shall be matched to a foreign adoptive
family unless it is satisfactorily shown that the child cannot
be adopted in the Philippines
GR: There shall be no physical transfer of a voluntarily
committed child earlier than 6 months from the date of
execution of Deed of Voluntary Commitment.
XPN:
Adoption by relative;
Child with special medical condition.
trial custody
It is the preadoptive relationship which ranges 6
months from the time of the placement. It starts from
the actual transfer of the child to the applicant who, as
actual custodian, shall exercise substitute parental
authority over the person of the child
Note:
If unsatisfactory the relationship shall be suspended
by the board and the foreign adoption agency shall
arrange for the childs voluntary care.
If satisfactory the Board shall submit the written
consent of the adoption to the foreign adoption agency
within 30 days after the request of the latters request.
SUPPORT
It comprises everything indispensable for
sustenance, dwelling, clothing, medical
assistance and transportation, in keeping with
the financial capacity of the family, including
the education of the person entitled to be
supported until he completes his education or
training for some profession, trade or
vocation, even beyond the age of majority.
(Art. 194, FC)
characteristics of support
1. Personal
2. Reciprocal on the part of those who are by
law bound to support each other
3. Intransmissible
4. Mandatory
5. Provisional character of support judgment
6. Exempt from attachment or execution
7. Not subject to waiver or compensation
Support comprises of everything indispensable for:
Sustenance
Dwelling
Clothing
Medical attendance
Education includes schooling or training for
some profession, trade or
vocation, even beyond the age of majority
Transportation includes expenses going to and
from school, or to from place of work
different kinds of support
1. Legal required or given by law;
2. Judicial required by court;
May be:
a. Pendente lite
b. In a final judgment
3. Conventional by agreement.
persons obliged to support each other
Spouses;
1.Surviving Grandparent;
2.Oldest brother or sister, over 21 years;
XPN: unfit or disqualified
3.Actual Custodian over 21 year;
XPN: unfit or disqualified
special parental authority