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Bata Ng Morayta Memory Pad

Bata Ng Morayta Memory Pad

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Published by Kenneth Magadia
Memory aid that I made. I am sharing to other people most especially to those who are reviewing for the bar.

Read at your own risk.

I am not an expert or genius so information in this paper must be flawed.
Memory aid that I made. I am sharing to other people most especially to those who are reviewing for the bar.

Read at your own risk.

I am not an expert or genius so information in this paper must be flawed.

More info:

Categories:Types, Reviews
Published by: Kenneth Magadia on Jul 07, 2012
Copyright:Attribution Non-commercial

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07/07/2012

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BATAS NG MORAYTA MEMORY PAD
 Absorb only what is useful.” One seating jot 
-downs
 JKPM BEADLE-NETH civrev1
Void ab Initio Marriages:1.
 
Below 182.
 
Not authorized solemnizer3.
 
No marriage license4.
 
Bigamous polygamous5.
 
Mistake of fact6.
 
ReappearanceVoid Marriages by reason of public policy1.
 
Ascendants2.
 
Descendants3.
 
Brothers sisters full or half blood4.
 
Collateral blood relatives within 4
th
civil5.
 
Step parents step children6.
 
Parents in law children in lawSources of obligation1.
 
Delict2.
 
Law3.
 
Quasidelict4.
 
Quasi Contract5.
 
ContractEssential Requisites1.
 
Legal Capacity2.
 
ConsentFormal Requisites1.
 
Authority of solemnizing officer2.
 
A valid marriage license3.
 
Marriage ceremonyVoid marriages1.
 
Same sex2.
 
Marriage by proxy3.
 
Marriage by video conference4.
 
Parties merely signed contractThe ABSENCE OF ESSENTIAL Requisites render marriageVOID.The ABSENCE OF FORMAL requisites renders amarriage VOID EXCEPTION: valid if both partnerbelieved that the solemnizing officer had legal authorityto do so.Defect in CONSENT
 –
VOIDABLEIRREGULARITY FORMAL requisites
 –
 
Don’t affect validity
but party (solemnizer) responsible shall be civillycriminally administratively liableMarriage License
 –
120 days from issueLocal Civil Registrar- required after 10 day publicationissue marriage licenseWedding is to be hel in public place except if:1.
 
Place in agreement a) on a written instrumentb) on affidavit c) given to solemnizing officer2.
 
Articulo mortis3.
 
Consular4.
 
Remote placeDEFAULT PROPERTY REGIME --- ABSOLUTECOMMUNITY PROPERTYProperty Relations are based on:1.
 
Marriage Settlement2.
 
Family Code3.
 
Local CustomsSANTOS v CA1.
 
Gravity2.
 
Juridical Antecendence3.
 
IncurabilityMarcos v Marcos--Totality of Evidence RuleMOLINA DOCTRINE1. burden of proof belongs to the plaintiff 
 
BATAS NG MORAYTA MEMORY PAD
 Absorb only what is useful.” One seating jot 
-downs
 JKPM BEADLE-NETH civrev1
2. root cause: a) medically/clinically identifiedb)alleged in the complaintc) sufficiently proven by expertsd) clearly explained in the decision3.existing at the time of the celebration of the marriage4. incurable or clinically permanent5. grave enough to bring about disability in assumingessential obligations in marriage6.essential marital obligations art 68-71 (in relation tohusband and wife) and art 220,221 and 225 (inrelationto children)7. Interpretations of National Appellate MatrimonialTrbunal of the Catholic Church8. trial court must order prosecuting attorney or fiscaland Solicitor General to appear counsel for state45 Legal Separation?S exual infidelityA bandonment
M oral
B igamousA ttempt on the lifeL esbianismI mprisonment
P hysical ….
 A ttempt to solicit wife daughter to(prostitution?)D rug addictionMarriage Contract
 –
Best Evidence RuleMere fact that it is not registered does not invalidateOther Evidence possible:1.
 
Testimony witness to matrimony2.
 
Couples open pubic cohabitation3.
 
. baptismal certificate of children4.
 
Nuptial in subsequent documentsFilipino citizens married abroad valid in Phil if validthere except:1.
 
Below 182.
 
Bigamous polygamous3.
 
Mistake of one to the identity of the other4.
 
Subsequent marriage annulled declared voidbut failed to comply with 525.
 
Psychologically incapacitated6.
 
Incestuous7.
 
Void by reason of public policyIssuance of Judicial Declaration of Presumptive Death1.
 
Missing for 4 consecutive yearsa.
 
2 consecutive years if disappearancewhere there is danger of death2.
 
Spouse present wishes to remarry3.
 
Well founded belief 4.
 
Files summary proceeding for declaration of presumptive deathTRIENNIAL COHABITATION
 –
After 3 years of marriage,wife is still a virginCustody of child mother if 7 belowReasons why mother can be deprived of custody:1.
 
Drug addiction2.
 
maltreatment
 
BATAS NG MORAYTA MEMORY PAD
 Absorb only what is useful.” One seating jot 
-downs
 JKPM BEADLE-NETH civrev1
3.
 
imprisonment for more than 6 years4.
 
insanityFiliation
 –
Judicial determination of paternityACP/ CPG
 –
applies on precise moment of marriagePresumed ACP/CPG unless proved to be excluded-
 
must prove to be acquired during marriage-
 
in a certain case ( ) “Married to” merely
descriptive of the owner in OCT TCTCompromise not allowed between family membersregarding:1.
 
civil status2.
 
validity of marriage or legal separation3.
 
any ground for legal separation4.
 
future support5.
 
the jurisdiction of courts6.
 
future legitimeTest tube Babies to be legitimate:a.
 
authorized ratified such inseminationb.
 
in a written instrumentc.
 
executed and signed by them before the birthof the childMeans allowed by Rules of Court for Filiation:1.
 
An act or declaration concerning pedigree Rule130 sec 332.
 
Family Reputation or tradition concerningpedigree sec 34 rule 1303.
 
Common Reputation respecting pedigree Rule130 Sec 354.
 
Judicial Admission Sec 2 Rule 1295.
 
Admissions of a party sec 22 Rule 1306.
 
Admission by silence sec 23 Rule 130Qualifications of Adopteea.
 
18 years aboveb.
 
Possession of full civil capacity and legal rightsc.
 
In a possession to support and cared.
 
Generally at least 16 years older then adoptedWhen adopters may be less than 16 years older thanthe adopted:1.
 
When adopter is the parent by nature of theadopted2.
 
When adopter is the spouse of the legitimateparent of the person to be adoptedWho gets the conjugal dwelling or lot :1.
 
Whatever is agreed upon in the marriagesettlement2.
 
If no such agreement
 –
the spouse with whomthe majority of the common children chose toremainIn a termination of a marriage LIQUIDATION is made :a)
 
during judicial settlementb)
 
if none, within 6 mos. after death of spouseART 52 FC must comply with ALL:1.
 
The Judgment of annulment OR of AbsoluteNullity of the marriage2.
 
The Partition and Distribution of the properties3.
 
AND the Delivery
of the Children’s
Presumptive Legitimes
 Shall be recorded in the appropriate Civil Registryand Registries of Property, otherwise the same shallnot affect 3
rd
personART 53 FCEither of the former spouses may Marry Again Aftercomplying with the requirements of theimmediately preceding Article, otherwise, theSubsequent Marriage shall be Null and VoidWhen obligation to give Support Ceases Art 303 FC

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