PERSONS TABLE NOTES TOPIC Judicial Capacity, Civil Personality and Capacity to act NOTES Judicial Capacity is synonymous

or interchangeable with civil capacity. Fitness to be a subject of legal relations, inherent, passive and lost only during death; can exist even without capacity to act and cannot be restricted nor limited Capacity to act: Power to do acts with legal effects, active, only acquired upon reaching legal age and can be modified or restricted; cannot exist without juridical capacity Birth determines the personality. Although a child unborn has provisional capacity where actions like support, donation or damages may be taken provided that the child be born afterwards Child is considered conceived and born if: a. Within 7 months: the baby born alive even if it dies minutes after b. Below seven months: baby has to be alive for 24 hours CASE TO REMEMBER

Geluz v. CA: Involves claiming damage for a child who died before being born. Not allowed since the condition is that the child should be born first. Continental Steel v. Montano: Claiming support where child as beneficiary. Claim is given since the child was born alive but died afterwards. The moment the child was born he was considered a dependent. Quimiguing v. Icao: Mother can claim for donations (support) for the child even when he is unborn especially if the child was considered a product of unconsented sexual intercourse. Hernandez v. Santos: Case of Lulu where her step mother disposed her properties inherited from her father.

RESTRICTIONS TO CAPACITY TO ACT

MID-PC: Minority Insanity/Imbecility State of being Deaf Mute Prodigality

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LIMITATIONS TO CAPACITY

Concept

Agreements Prior Marriage

Civil Interdiction FI3TP2 A3D Family Relations Insanity Imbecility Insolvency Trusteeship Penalty Prodigality Age Alienage Absence State of Being Deaf-Mute MARRIAGE Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation.(ART.1) No contracts nor sworn affidavits may be instituted prior marriage Breach of Promise to marry:

Sia Suan and Chian v. Alcantara: when one of the persons involved in the contract is unemancipated minor, the contract is merely voidable.

In re Santiago: Preparation and execution of the contract separating the two parties is considered void. Baksh v. CA/ Wassmer v. Velez: breach of promise to marry is not actionable unless the act is contrary to public morals like faruding a woman just have sexual intercourse or all wedding preparations have been given and Garcia v. Recio: , before a foreign divorce can be recognized by our courts the party pleading must prove the divorce as and as a fact & demonstrate its conformity solely of the divorce

ESSENTIAL REQUISITES

Legal Capacity: Gender, Age and no Legal Impediment (incestuous/bigamous/53/36) Consent

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Absence: VOID Defect: Voidable (for detailed grounds see table) FORMAL REQUISITES Authority of Solemnizing officers Valid Marriage License Marriage Ceremony Absence: VOID Irregularity: VALID but person causing irregularity is liable (for detailed grounds see table) EXCEMPT from M.L.: MOLAR Muslims and other ethnic groups Outside the country not requiring ML Lived together for 5 years without impediment Articulo Mortis Remote places For marriages solemnized abroad, it is accepted unless they are contrary to public morals, incestuous, below 18, bigamous, article 53 and article 36 For marriages abroad without license: Valid In case of dissolution of property, apply 147 or 148 as the case may be When foreign spouse and Filipino got a divorce and foreign spouse remarries, Filipino is also entitled to remarry provided that the requirements were satisfied. (Art. 26 par.2)

decree is insufficient. Present the following: Divorce Decree and Law of the place where divorce was obtained.

Tenchavez v. Escano: They said that actual

authority is just a formal requirement which will not invalidate the marriage. It is not necessary if the there was good faith on the part of the contracting parties as to the marriage.

Marriages Abroad

Garcia v. Recio, supra Republic v. Orbecido: In case of a Former Filipino remarries, it will be allowed provided that the marriage is first marriage is declared void. 2 dates are considered: the date of naturalization and date of action for divorce Garcia v. Recio, supra Dacasin v. Dacasin: The divorce obtained from the foreign (Illinois) court is deemed valid under Philippine law, and is binding upon Herald, as provided by the laws of his country

Common Law Marriages

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VOID Marriages

ART.35: Below 18 Bigamous License is absent Unauthorized solemnizing officer Article 53 Mistake of identity Psychological incapacity (you just cant get it up) [see table]

CONJUGAL PARTNERSHIP OF GAINS UNDER NCC Marriages contracted before the family Code Partnership Husband only In case of Disagreement, Wife can protest in case of abused administration within 10 years from the execution of action and during subsistence of marriage. Only the fruits (proceeds, products, income) of separate properties acquired through marriage. (Art.117) Exclusive properties include those bought by exclusive money, acquired by gratuitous UNDER FC Marriages contracted before the family Code Partnership Joint administration In case of Disagreement, Wife can protest in case of abused administration within 5 years from the execution of action and during subsistence of marriage. Only the fruits of separate properties acquired through marriage. (Art.117)

ABSOLUTE COMMUNITY OF PROPERTY Marriages contracted after the family code Co-Ownership Joint administration In case of Disagreement, Wife can protest in case of abused administration within 5 years from the execution of action and during subsistence of marriage. All properties acquired during marriage except those obtained through gratuitous title. Fruits are not included.

When actions effective Suppletory Rules Administration of Property

Properties included

Exclusive properties include those bought by exclusive money, acquired by gratuitous

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Nature of Liability to Creditors On separate properties Disposition and Encumberance

title or onerous title, acquired by redemption/exchange, purchased by exclusive money and properties of parents. Separate Liability; Husband/wife can sue and be sued alone No usufructory rights is held on separate properties. Consent Needed ; Otherwise VOID

title or onerous title, acquired by redemption/exchange, purchased by exclusive money and properties of parents. Solidary Liability: Husband/wife should be sued or sue together No usufructory rights is held on separate properties. Consent needed; Otherwise VOID

Solidary Liability: Husband/wife should be sued or sue together Both spouses has a usufructory rights over separate properties. Consent needed; Otherwise VOID

ABSOLUTE COMMUNITY OF PROPERTY a. Default for marriages after Aug.3, 1988 b. Valid Marriages c. Voidable Marriages d. Marriages under Article 40

CONJUGAL PROPERTY OF GAINS a. Default for marriages after Aug.3, 1988 b. Valid Marriages c. Voidable Marriages d. Marriages under Article 40

DISSOLUTION OF PROPERTY: JUDICIAL FC, ART.147 SEPARATION OF PROPERTY a. Marriage Includes:Wage and Salaries, Property settlement Acquired during marriage, Contribution of b. Voluntary (Art. the person staying home and taking care of 136) home and kids (equal share) c. InvoluntarySufficient Cause(Art.35) d. Art. 103/130termination by death e. Legal Separation (Art.61) (Art.127 par.3) f. Annulment g. Nullity Fruits are also NOT included

FC, ART.147

Includes: ONLY Properties proven to be acquired through ACTUAL JOINT CONTRIBUTION

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No marriage or marriage void but: a. Couple has LEGAL CAPACITY b. Man and Woman c. Theres EXCLUSIVE cohabitation

No marriage or void marriage and: a. Couple has NO LEGAL CAPACITY b. Theres NO EXCLUSIVE COHABITATION

Apply ART. 102

Apply ART.129

Apply 102 or 129 after judicial decree

NOTE: For Voluntary dissolution through Judicial Decree: It can only be done once. If ACP/CPG was regained, no more voluntary dissolution can be done again.

VOID MARRIAGES UNDER 147 AND 148 ARTICLE 147 Without Marriage License Article 36 (Psychological Incapacity) Article 53 (Not serving copies of declaration of nullity/annulment) Lack of authority of Solemnizing Officer if done in good faith No marriage Ceremony ARTICLE 148 Marriages under Article 35 except nos. 3 and 6

GROUNDS SUMMARY
GROUND 1) Lack of Age (below 18) (Art.35) 2) Absence of Marriage License (Art.35) KIND OF REQUISITE Essential (legal capacity) Formal EFFECT ON MARRIAGE/KIND OF MARRIAGE Void ab initio Void None Chapter2, Articles 27-34: 5 year cohabitation, Marriage in articulo mortis, either spouse is near death and far from the place of local civil registrar If done in good faith, marriage is valid and solemnizing officer has the liability EXCEPTIONS

3) Unauthorized solemnizing officer (Art.35)

Formal

Void

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4) Bigamous Marriage not under Art.41 (Art.35) 5) Mistake of Fact (Art.35) 6) Not Complying to Art.53- failure to distribute copy of separation (Art.35) 7) Psychological Incapacity (Art. 36)

Essential (legal capacity) Essential (consent)

Void Void Void (although theres legal capacity)

None None none

Void

8) Incestuous Marriage (Art.37&38) 9) Re-appearing Spouse (Art.41)

Essential (legal capacity; legal impediment) Essential (legal capacity)

Void

(However, according to Atty.Legarda, it should be valid since there is legal capacity and one can choose to live with someone who is physically incapcitated) None

(abandoned spouse) Without declaration of st nd presumptive death - 1 marriage valid, 2 marriage bigamous/void (abandoned spouse) With declaration of st nd presumptive death- 1 marriage terminated, 2 marriage valid (Spouse who left) Without Declaration of st Reappearance- 1 marriage valid , for remarriage nd 2 marriage bigamous, marriage of the abandoned spouse with another person remains valid. (Spouse who left) With Declaration of st nd Reappearance- 1 marriage terminated, 2 marriage valid Valid (only irregular/defective) Voidable Voidable

None. Requirements are on Article 41

10) Marriage License not filed separately 11) Physical Incapability (Art.45) 12) 18 above, below 21 without consent (Art.45)

Formal Essential (Capacity) Essential (legal capacity)

None Should not be sterility but inability to copulate If minor have contracted prior marriage, consent is not a problem for subsequent marriage

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13) Insanity (Art.45) 14) Force and Intimidation (Art.45) 15) Fraud (Art.45) 16) Afflicted with STD (Art.45) 17) Failure of either spouse to appear in Marriage Ceremony Note:

Essential (consent) Essential (consent) Essential (consent) Essential (capacity) Formal

Voidable Voidable Voidable Voidable Void

None None None. See art.46 to know what constitutes fraud None If failure is only on manner of compliance, e.g. via webcam, the marriage is VALID and merely irregular in nature

Voidable marriages are valid until an action against is filed and was affirmed. nd If a husband/wife wants to return to the reappearing spouse, 2 marriage is terminated upon having certificate of reappearance. The left nd nd spouse of that 2 marriage may remarry without doing anything. The Children on 2 marriage remains legitimate. nd In cases of reappearing spouse, the law protects the 2 marriage. Children of Defective marriages are legitimate Articles 35 and 45 are exclusive. Hence, other than those listed, none can be a ground for void or voidable marriage as the case may be.

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