Professional Documents
Culture Documents
Carolina Austria
Faculty Editor
Anisah Azis
Karen Torres
Lead Writer
Dana Crisostomo
Jaimmie Hans
Nathan Pico
Zharmai Garcia
Rowena Yang
Margie Lim
Jiselle Compuesto
Mickey Chatto
Eden Mopia
Faye Celso
Mark Oyales
Camille Umali
JC Punongbayan
Mary Beley
Aboy Bayalan
Welga Carrasco
Joan Batimana
Writers
CIVIL LAW
Kristine Bongcaron
Patricia Tobias
Subject Editor
ACADEMICS COMMITTEE
Kristine Bongcaron
Michelle Dy
Patrich Leccio
Editors-in-Chief
LECTURES COMMITTEE
Michelle Arias
Camille Maranan
Angela Sandalo
Heads
Katz Manzano Mary Rose Beley
Sam Nuez Krizel Malabanan
Arianne Cerezo Marcrese Banaag
Volunteers
LOGISTICS
Charisse Mendoza
SECRETARIAT COMMITTEE
Jill Hernandez
Head
Loraine Mendoza Faye Celso
Mary Mendoza Joie Bajo
Members
II.
I.
Concept of Persons
Personality is the quality derived from
being a person; it is an attribute of
persons.
Characteristics
1. It is not a being, but a quality of certain
beings.
1. It is not a physical element, but a juridical
concept.
2. It is not an object of contract, or of
possession, and cannot be impaired by
agreement.
2. It is a matter of public interest.
Article 37, Civil Code. Juridical capacity, which is
the fitness to be the subject of legal relations, is
inherent in every natural person and is lost only
through death. Capacity to act, which is the power
to do acts with legal effect, is acquired and may be
lost.
3
PERSONS & FAMILY RELATIONS
Complete
respiration
independent life
test/sign
of
Civil
personality
is
5.
6.
Age
Both under 15
Both above 60
One under 15, the
other above 60
Both over 15 and
under 60; different
sexes
Both over 15 and
under 60; same sex
One under 15 or
over 60, the other
between those ages
Presumed Survivor
Older
Younger
One under 15
Male
Older
One between 15 and 60
B. Juridical Persons
Juridical Persons (Art 44, Civil Code)
1. The State and its Political subdivisions;
2. Other Corporations, Institutions and Entities
for public interest or purpose, created by
law;
3. Corporations,
Partnerships,
and
Associations for private interest or purpose
to which the law grants a juridical
personality.
Governing Laws (Art 45, Civil Code)
Juridical Person
1. State
2.
3.
4.
5.
Political
Subdivision
Public
Corporation
Private
Corporation
Partnerships
Governed by
Constitution
(defines
organization and limits
rights vis--vis citizens)
Charter creating them
its
its
1. Minority
Corporation Code, Articles of
Incorporation and By-Laws
Stipulations of the parties and
suppletorily by the general
provisions on partnership of
the Civil Code
Rules
1. Juridical persons may acquire and
possess property of all kinds, incur
obligations, and bring civil or criminal
actions (Art. 46, CC)
2. Upon dissolution of corporations or
institutions and other entities for public
interest, their property and assets shall be
disposed of in pursuance of the law or
charter creating them. (Art. 47, CC)
B. Restrictions
Article 38, Civil Code. Minority, insanity or
imbecility, the state of being a deaf-mute, prodigality
and civil interdiction are mere restrictions on
capacity to act, and do not exempt the incapacitated
person from certain obligations, as when the latter
arise from his acts or from property relations, such
as easements.
5
PERSONS & FAMILY RELATIONS
c.
4. Prodigality
Martinez v. Martinez, (1902)
A spendthrift or a prodigal is a person,
who, by excessive drinking, gambling,
idleness or debauchery of any kind shall
so spend, waste or lessen his estate as
to expose himself or his family to want
or suffering. The acts of prodigality
must show a morbid state of mind.
Note: It is not the circumstance of
prodigality, but the fact of being under
guardianship that restricts capacity to
act.
2. Insanity
Insanity includes many forms of mental
disease, either inherited or acquired. A
person may not be insane but only mentally
deficient
(idiocy,
imbecility,
feeblemindedness).
Effect on Contracts
a. incapacity to give consent to a
contract [Art 1327(2), CC]
b. contracts entered into during lucid
intervals are valid (Art. 1328, CC)
c. restitution of benefits (Art 1399, CC)
Effect on Crimes
a. General rule: EXEMPTED from criminal
liability
b. Exception: acted during lucid interval
Effect on Marriage
a. may be annulled if either party was of
unsound mind unless the such party
after coming to reason, freely cohabited
with the other [Art 45(2), FC]
b. action for annulment of marriage must
be filed by the sane spouse who had no
knowledge of the others insanity; or by
any relative/guardian of the insane; or
by the insane spouse during a lucid
interval or after regaining sanity [Art
47(2), FC]
5. Civil Interdiction
a. It is an accessory penalty imposed
upon persons who are sentenced to a
principal penalty not lower than
reclusion temporal (article 41, Revised
Penal Code).
b. offender is deprived of rights of
parental authority, or guardianship, of
marital authority, of the right to manage
his property and of the right to dispose
of such (Art 34, RPC)
c. for the validity of marriage settlements,
the participation of the guardian shall
be indispensible (Art 123, CC)
6. Family Relations
a. justifying circumstance if acted in
defense of person/rights of spouse,
ascendants,
descendants,
brothers/sisters, and other relatives up
th
to the 4 civil degree [Art 11(2), RPC]
b. mitigating circumstance if acted in the
immediate vindication of a grave
offense/felony committed against his
spouse, ascendants or relatives of the
same civil degree [Art 12(5), RPC]
c. incestuous and void marriages:
between
ascendants
and
descendants of any degree;
between brothers and sisters,
whether full or half-blood. (Art 37,
FC)
d. donations/grants
of
gratuitous
advantage between spouses during
the marriage shall be VOID, except
moderate gifts during family occasions
(Art 87, FC)
6
PERSONS & FAMILY RELATIONS
Article 124, FC
a. administration and enjoyment of the
CPG shall belong to both spouses
jointly
b. in case of disagreement, husbands
decision shall prevail, subject to
recourse to the court by the wife for
proper remedy
c. if one spouse is incapacitated/unable
to administer, sole powers of
administration may be assumed by the
other spouse.
d. General Rule: This power does not
include disposition/encumbrance.
Exception: judicial authority or
written consent of other spouse
7
PERSONS & FAMILY RELATIONS
I.
1. Domicile of Origin
Domicile of parents of a person at the
time he was born.
2. Domicile of Choice
Domicile chosen by a person, changing
his domicile of origin.
A 3rd requisite is necessary intention
not to return to ones domicile as his
permanent place.
II. Domicile
For Natural Persons
the place of their habitual residence (Art.
50, CC).
For Natural Persons
the place where their legal representation
is established, or where they exercise their
primary functions, unless there is a law or
other provision that fixes the domicile (Art.
51, CC).
Domicile vs. Residence
While domicile is permanent (there is intent
to remain), residence is temporary and may
be changed anytime (there is no necessary
intent to remain).
________________
B. Kinds of Domicile
(animus
8
PERSONS AND FAMILY RELATIONS
I.
I.
II.
9
PERSONS AND FAMILY RELATIONS
Defect
Absence
VOID
- marriage
entered into by
a person <18
(Art 35 (1))
- marriage
entered into by
persons of the
same sex
(Jones
v
Hallahan)
of
Essential
Defect
VOIDABLE
- consent
of
either
party
was obtained
through fraud,
force,
intimidation or
undue
influence
(Art 45 (3)
(4)FC)
- marriage
contracted
through mistake
of
one
contracting
party as to the
identity of the
other
(Art 35 (5))
Effect
Illustration
Absence
VOID
Marriage is
void
when
solemnized by a
priest not duly
authorized by his
Church
to
solemnize
marriage.
(Art 7 FC)
Irregularity
No effect on
validity but party
responsible will
be liable.
lack of valid
notification
of
both
parties
desiring
a
ceremony in a
remote
place
was held to be
only
a
mere
IRREGULARITY
(Navarro
vs.
Domagtoy 1996)
Marriage License
1. Marriages Exempt from marriage license
requirement (AREC)
a. Marriage in Articulo mortis (Art. 27, FC)
b. Marriage in Remote and inaccessible
places (Art. 28, FC)
c. Marriages by Muslims and Ethnic
cultural minorities provided they are
solemnized in accordance with their
customs, rites or practices. (Art. 33, FC)
d. Marriage by parties who have Cohabited
for at least 5 years without any legal
impediment. (Art. 34, FC, Ninal v
Badayog (2000))
2. Absence & Irregularity of Marriage License
Effect
Illustration
Absence
VOID
Issuance
of the Civil
Registrar of a
CERTIFICATE
Irregularity
No
effect
on
validity but party
responsible will be
liable.
mere
IRREGULARITIES
in the marriage
license, such as a
10
PERSONS AND FAMILY RELATIONS
Absence
DUE SEARCH
AND
INABILITY TO
FIND
the
application of a
marriage
license means
its
absence,
thus rendering
the
marriage
VOID.
(Republic
v
CA)
Before a
marriage can
be solemnized,
a
valid
marriage
license MUST
FIRST
BE
PRESENTED,
otherwise the
marriage
is
VOID. (Moreno
v Bernabe)
11
PERSONS AND FAMILY RELATIONS
12
PERSONS AND FAMILY RELATIONS
GROUNDS
PERIOD TO FILE ACTION
DEFENSE
III. EFFECTS OF NULLITY
I.
OR
RAISE
Grounds
c.
13
PERSONS AND FAMILY RELATIONS
C. Article 37 (Incestuous)
1. Between ascendants and descendants of
any degree, legitimate or illegitimate
2. Between brothers and sisters, whether of
the full or half blood, legitimate or illegitimate
14
PERSONS AND FAMILY RELATIONS
Note:
Although seven years is required for the
presumption of death of an absentee in the
Civil Code, Art. 41 of the Family Code
makes an exception for the purpose of
remarriage by limiting such requirement to
four years.
Art. 41 also limits the required four years in
Art. 391 for absence under exceptional
circumstances to only two years.
who
G. Article 53 (Non-Recording)
Subsequent marriage of spouses where the
requirements of recording under Art. 52 for
void marriages shall not have been complied
with
H. Article 40
Nullity)
(Judicial
Declaration
of
II. Period to
Defense
File
Action
or
Raise
15
PERSONS AND FAMILY RELATIONS
16
PERSONS AND FAMILY RELATIONS
17
PERSONS AND FAMILY RELATIONS
consummating
the
marriage
(impotence; this is different from
sterility).
I.
I.
TOLENTINO
Action to Annul: action in rem, concerns status
of parties; res is relation bet parties or marriage
tie; jurisdiction depends on nationality or
domicile not the place of celebration
18
PERSONS AND FAMILY RELATIONS
Art. 45 STD
Ground for annulment
Art. 46 STD
The STD is a type of fraud
which is a ground for
annulment
Must be concealed
Need not be serious nor
incurable
It is the concealment that
gives rise to the annulment
19
PERSONS AND FAMILY RELATIONS
m.
n.
o.
p.
20
PERSONS AND FAMILY RELATIONS
Fraud
Injured
party
(defrauded party)
Injured party
Impotence
Healthy party
STD
Healthy party
C. Marriages
Not
Subject
Ratification/Convalidation
Prescription
(Art. 47)
1.
5
years
after
attaining 21.
2. Before child reaches
21.
1. Any time before the
death of either party
Ratification
(Art. 45)
Free cohabitation after
attaining age of 21.
Free cohabitation of
insane
party
after
insane party comes to
reason
to
General Rule
The subsequent marriage remains valid.
Exception
It is automatically terminated by the
recording of the affidavit of reappearance of
the absent spouse.
Exception to the Exception
If there is a judgment annulling the previous
marriage or declaring it void ab initio. (Art.
42, FC)
TOLENTINO
Status of Subsequent Marriage: generally
considered bigamous & void EXCEPT par. 2 of
this article; good faith w/o falling under par. 2 will
render marriage VOID
When Voidable: must act in GOOD FAITH and
1. absent spouse not heard from 7 consecutive
yrs
2. although absent for less than 7 yrs,
generally considered dead
3. presumed to be dead after 4 yrs when
occurrence of death in A391
Judicial Declaration Unnecessary: purpose of
validity of marriage, missing spouse need not be
judicially declared an absentee, enough required
21
PERSONS AND FAMILY RELATIONS
Ground
(Art. 45)
Lack of parental consent
(includes
earthquakes,
fires,
explosions,
dangerous
4 years under
normal
circumstances; 2
years under special
circumstances
Civil Code
Absent for at least 7
years; 4 years
under special
circumstances
As to
In order to remarry, Declaration of
remarriage summary
presumptive death
proceeding is
is not necessary
necessary
As to who
can
institute
the action
As to
Subsequent
effect on marriage is
subsequen automatically
t marriage terminated by the
recording of an
affidavit of
reappearance of the
absent spouse
As to
ground
Upon
reappearance,
judicial proceeding
is necessary to
declare marriage
null and void
Actions/Decree
22
PERSONS AND FAMILY RELATIONS
Nature
Convalidation
Effect on property
Legitimacy of children
Voidable Marriage
VALID until annulled by court
CAN be convalidated by
prescription or free cohabitation
ACP exists unless another
system is instituted through
marriage settlement
Children are LEGITIMATE if
conceived before decree of
annulment
How to impugn
Can
only
be
DIRECTLY (there
Annulment Decree)
Legal Separation
causes
after
the
celebration of marriage
does not terminate
marital bond
marital relations can
resume
upon
reconciliation
VI. Jurisdiction
Tamano v. Ortiz, (1998)
PD No. 1083 (Code of Muslim Personal
Laws of the Philippines) does not provide for
a situation where the parties were married
both in civil and Muslim rites. Consequently,
the shari'a courts are not vested with original
and exclusive jurisdiction when it comes to
marriages celebrated under both civil and
Muslim laws. Hence, the Regional Trial
Courts have jurisdiction over such cases.
attacked
must be
Void Marriage
INEXISTENT from the beginning
CANNOT be convalidated
No Community Property, only Coownership
General
rule:
Children
are
ILLEGITIMATE (Art. 165, FC)
Exception: In void marriages by
reason of psychological incapacity
(Art. 36) or non-partition of
properties in a previous marriage
(Art. 53), children are considered
LEGITIMATE
May be attacked DIRECTLY or
COLLATERALLY,
except
for
purpose of remarriage (there must
be Judicial Declaration of Nullity)
May still be impugned after death of
parties
23
PERSONS AND FAMILY RELATIONS
I.
(asked in 75, 76, 79, 80, 82, 89, 94, 96, 97,
02, 03, 06, and 07 bar exams)
(Art. 55, FC) [V A P I D H B I L A]
Note: The grounds for legal separation are
exclusive.
V
4.
Final
judgment
sentencing
respondent to imprisonment of more
than 6 years, even if pardoned
(executive pardon, not pardon from
offended party).
c.
legal
separation,
whether
concealed or not.
Drug
addiction
or
habitual
alcoholism may be supervening.
6. Lesbianism or homosexuality of
respondent.
Same as rules on drug addiction
7. Contracting by respondent of a
subsequent
bigamous
marriage,
whether in the Philippines of abroad.
24
PERSONS AND FAMILY RELATIONS
II. Defenses
Grounds for denying legal separation (Art.
56, FC) [4CMPRD]
1. Condonation by aggrieved party
2. Consent by aggrieved party to the
commission of the offense
3. Connivance between parties in the
commission of the offense
4. Mutual guilt or Recrimination between
spouses in the commission of any ground
for legal separation
5. Collusion between parties to obtain decree
of legal separation
6. Prescription of action for legal separation
(Art. 57: 5 years from occurrence of the
cause of action)
7. Reconciliation of parties during pendency
of action (Art. 66 par.1)
8. Death of either party during pendency of
action (Lapuz-Sy v Eufemio, supra)
B. Reconciliation Period
Action cannot be tried before six months have
elapsed from the filing of the petition (Art. 58.
FC)
Note: without prejudice to judicial determination
of custody of children, alimony, and support
pendente lite
C. Attempts on Reconciliation
Action cannot be tried unless the court has
attempted to reconcile the spouses, and
determined
that
despite
such
efforts,
reconciliation is highly improbable (Art. 59, FC)
D. Confession
No decree of legal separation shall be based
upon a stipulation of facts or a confession of
judgment (Art. 60, par. 1. FC)
E. Collusion
The court shall assign the prosecuting attorney
or fiscal to make sure that there is no collusion
between the parties, and that evidence is not
fabricated or suppressed (Art. 60, par. 2, FC)
V. Effects
of
Decree
Separation (LACIDIMS)
for
Legal
25
PERSONS AND FAMILY RELATIONS
VI. Reconciliation
A. How Done
Should the spouses reconcile, they should file a
corresponding joint manifestation under oath
of such reconciliation. (Art. 65, FC)
B. Effects of Reconciliation
1. Proceedings for legal separation shall be
terminated at whatever stage. (Art. 66, FC)
2. If there is a final decree of legal separation,
it shall be set aside. (Art. 66, FC)
3. The separation of property and forfeiture of
share of guilty spouse shall subsist, unless
the spouses agree to revive their former
property regime or to institute another
property regime. ( Art. 66 cf. Art. 67, FC)
4. Joint custody of children is restored.
5. The right to intestate succession by guilty
spouse from innocent spouse is restored.
The right to testamentary succession
depends on the will of the innocent spouse.
VII. Divorce
(asked in 87, 90, 96, 97, 99, 02, 06 bar
exams)
General Rule
Divorce is not allowed in the Philippines and
even for Filipinos abroad.
Exception
Foreign and Muslim divorces.
Foreign Divorces (asked in 09 bar exam)
Art. 15, Civil Code. Laws relating to family rights and
duties, or to the status, condition and legal capacity of
the persons are binding upon citizens of the
Philippines, even though living abroad.
26
PERSONS AND FAMILY RELATIONS
Muslim Divorces
Presidential Decree 1083 (Code of Muslim
Personal Laws)
VIII.
De Facto Separation
27
PERSONS AND FAMILY RELATIONS
I.
Widows
A widow may use the deceased husbands
surname as though he were still living. (Art.
373, CC)
Mistresses
The Supreme Court allowed the mistress to
use her live-in partners name, since
everyone already knew that she was a
mistress, so as to avoid confusion. (Legamia
v. IAC (1984))
Divorcees
The Supreme Court allowed the mistress to
use her live-in partners name, since
everyone already knew that she was a
mistress, so as to avoid confusion.
(Tolentino v. CA (1988))
28
PERSONS AND FAMILY RELATIONS
I.
General Provisions
29
PERSONS AND FAMILY RELATIONS
ORDINARY
DONATIONS
Express
acceptance
necessary
DONATIONS PROPTER
NUPTIAS
May be made by minors
(Art. 78)
May
include
future
property
If present property is
donated and property is
not absolute community,
limited to 1/5 (Art. 84)
Grounds for revocation In Art. 86
ORDINARY
DONATIONS
Cannot be made by
minors
Cannot include future
property
No limit to donation of
present property provided
legitimes
are
not
impaired
Grounds for revocation in donation laws
Rules
1. Before Marriage
General Rule:
Future spouses cannot donate to each
other more than 1/5 of their present
property (excess shall be considered
void) (Art. 84, FC)
Exception:
If they are governed by ACP
2. During Marriage
General Rule:
Spouses cannot donate to each other,
directly or indirectly (donations made by
spouses to each other during the
marriage are void) (Art. 87, FC)
Exception:
Moderate gifts on the occasion of any
family rejoicing.
Donation
of
Property
Encumbrances
Subject
to
30
PERSONS AND FAMILY RELATIONS
c.
31
PERSONS AND FAMILY RELATIONS
2.
3.
4.
5.
6.
7.
8.
9.
10.
D. Administration,
Ownership
Disposition of ACP
and
Administration of property
Belongs to both spouses jointly. If they disagree
the husbands decision prevails. However, the
wife has five years from the date of the decision
to go to court for recourse. Otherwise, it is
E. Dissolution of ACP
ACP terminates upon (Art. 99, FC)
1. Death of either spouse follow rules in Art.
103
2. Legal Separation follow rules in Arts. 63
and 64
3. Annulment or judicial declaration of nullity
follow rules in Arts. 50 to 52
4. Judicial separation of property during
marriage follow rules in Arts. 134 to 138
Rules on De Facto Separation (ART. 100,
FC)
De facto separation does not affect the ACP;
EXCEPT that:
1. Spouse who leaves the conjugal home
without just cause shall not be entitled to
support. He/She, however, is still required to
support the other spouse and the family.
2. If consent is necessary for transaction but is
withheld
or
otherwise
unobtainable,
32
PERSONS AND FAMILY RELATIONS
3.
4.
5.
6.
remains
in
their
33
PERSONS AND FAMILY RELATIONS
34
1. Existence
2. Purpose,
duration,
rules
3. Profits
and
4. Equality
5. Personality
6. Commencement
7. Regulation
8. Purpose
9. Causes
dissolution
for
1. Property acquired
before marriage.
2. Property acquired
during marriage
3. Upon dissolution
of marriage
4. Basis
5. Liquidation
Ordinary partnership
Comes into existence according to
agreement between parties
Determined by will of partners.
CPG
Each spouse retains his/her property;
only fruits part of conjugal property
Part of conjugal property
ACP
Properties become part of community
property
Becomes community property
1. Art 109
Directly
acquired or
originally
exclusive
Property
by
substitution
(OGRE)
(1) Property brought into marriage by
each spouse as his/her own
(2) Property acquired by either spouse
during the marriage by gratuitous title
(3) Property acquired by right of
redemption, by barter, or by exchange
with property belonging to either spouse
(4) Property purchased with exclusive
money of either spouse
Spouses
retain
the
ownership,
possession,
administration
and
enjoyment of their exclusive properties
(Art 110, par 1.)
Possession by one spouse of the
separate property the other spouse does
not affect ownership
Transfer of administration of a spouses
exclusive property to the other spouse
must be made in a public instrument
recorded in the registry of property of
the place where the property is located
(Art 110, FC) but ownership is not
conferred to the administrator spouse
(Rodriguez v. de la Cruz, 1907).
E. Rules
1. presumption that property is conjugal: all
property acquired during the marriage,
whether made, contracted, or registered in
the name of one spouse, are presumed
conjugal unless the contrary is proven (Art.
116, FC).
As a condition sine qua non for the
operation of the presumption in favor of
the conjugal partnership the party who
invokes the presumption must first prove
that the property was acquired during
the marriage. (Acabal v. Acabal, 2005)
"X married to Y" as it appears in land
titles is not conclusive of the conjugal
status of the property (Jocson v. CA,
1989).
Exclusive property brought into a
second marriage remains exclusive
property of that spouse under CPG
regime; ACP is not retroactive for
marriages celebrated under the Civil
Code (Francisco v. CA, 1998).
2. property purchased by installment (paid
partly with conjugal funds and partly with
exclusive funds) Art. 118:
conjugal property if full ownership was
vested during the marriage CPG shall
reimburse the owner-spouse
exclusive property if full ownership was
vested before the marriage ownerspouse shall reimburse the CPG
Exclusive property brought into a second
marriage remains exclusive property under
CPG regime. ACP is not retroactive for
marriages celebrated under the Civil Code
(Castillo v. Pasco, 1964).
Even if the installment is completed after the
marriage, the property is exclusive if
35
PERSONS AND FAMILY RELATIONS
36
Taxes
&
Expenses
(4)
maintenance
of
CPG
properties
Support
(5)
mere
preservation
of
all
exclusive
(6) education
of spouses,
absolute
(1) support of
spouses and
common
children
benefit
of
the
family
(7)
antenuptial
debts
for
the
benefit of the
Family
Properties
(9) litigation
expenses,
unless
the
suit
is
groundless
(8) education
of common
children, only
for
value
of
donation
I.
37
PERSONS AND FAMILY RELATIONS
f.
V. Separation
Marriage
of
Properties
During
38
(2)
Reappearance
absentee spouse
of
regime. No voluntary
separation of property
may
thereafter be
granted.
B. Rules
C. Effects of separation
between spouses
of
property
Art. 148
When a man and a woman who are capacitated to marry each other, live
exclusively with each other as husband and wife without the benefit of
marriage or under a void marriage, their wages and salaries shall be
owned by them in equal shares and the property acquired by both of
them through their work or industry shall be governed by the rules on coownership.
39
PERSONS AND FAMILY RELATIONS
Applicability
Art.148
1.
2.
3.
4.
5.
6.
7.
Remains exclusive
Owned in common in
respective contribution
Properties acquired
while
living
together
Forfeiture
proportion
to
40
PERSONS AND FAMILY RELATIONS
II.
I.
FAMILY
A. FAMILY RELATIONS
B. GENERAL RULE
C. EXCEPTIONS
FAMILY HOME
A. GENERAL RULE
B. EXCEPTIONS
C. BENEFICIARIES OF THE FAMILY HOME
D. REQUISITES FOR CREDITOR TO AVAIL
OF THE RIGHT UNDER ARTICLE 160
Family
B. General Rule
For a suit between members of the same family
to prosper, the following are required:
1. Earnest efforts towards a compromise have
been made
2. Such efforts have failed
3. Such earnest efforts and the fact of failure
must be alleged
Note: The case will be dismissed if it is shown
that no such efforts were made.
C. Exceptions
(VJLAFF)
to
the
general
A. General Rule
The family home is exempt from (EFA):
1. Execution
2. Forced sale
3. Attachment
rule
1.
2.
3.
4.
5.
6.
those
41
PERSONS AND FAMILY RELATIONS
42
PERSONS AND FAMILY RELATIONS
KINDS OF FILIATION
IMPUGNING LEGITIMACY
PROOF OF FILIATION
LEGITIMATION
RIGHTS OF LEGITIMATE OR ILLEGITIMATE
CHILDREN
I.
Kinds of Filiation
43
PERSONS AND FAMILY RELATIONS
A. Rules
Legitimate or illegitimate children may prove
their filiation in the same way and on the same
evidence.
General Rule: They may only prove their status
using the following pieces of evidence:
1.
2.
3.
4.
44
PERSONS AND FAMILY RELATIONS
in
itself
a
consummated
act
of
acknowledgement of the child, and no
further court action is required.
Gono-Javier vs. Court of Appeals, (1994)
Mere possession of status as an illegitimate
child does not make a recognized
illegitimate child but is only a ground for
bringing an action to compel judicial
recognition by the assumed parent.
Herrera v. Alba, (2005)
In assessing the probative value of DNA
evidence, therefore, courts should consider,
among other things, the following data:
a. How the samples were collected,
b. How they were handled,
c. The possibility of contamination of the
d.
e.
f.
samples,
The procedure followed
samples,
Whether the proper
procedures were followed
tests,
and the qualification of
conducted the tests.
in analyzing the
standards and
in conducting the
a.
b.
a.
b.
2.
3. Support
45
PERSONS AND FAMILY RELATIONS
R.A. 8552
A. WHO MAY ADOPT
B. WHO MAY BE ADOPTED
II. ADOPTION PROCEDURE UNDER RA 8552
IRR
A. PRE-ADOPTION SERVICES
B. EFFECTS OF ADOPTION
C. RESCISSION OF ADOPTION
D. EFFECTS OF RESCISSION
E. RECTIFICATION OF SIMULATED BIRTHS
III. R.A. 8043: INTER-COUNTRY ADOPTION ACT
OF 1995
A. WHO MAY ADOPT
B. WHO MAY BE ADOPTED
C. WHERE TO FILE APPLICATION
D. DOCUMENTS
TO
SUPPORT
APPLICATION
E. INTER-COUNTRY ADOPTION BOARD
F. TRIAL CUSTODY
ADOPTION
(Asked in 76, 77, 85, 94, 95, 96, 00, 01, 03,
04, 05, 07, 08 bar exams)
LEGITIMATION
The law merely
makes legal what
exists by nature
Persons
affected
Only
children
Procedure
Extrajudicial acts of
parents
Only
by
both
parents
Who
applies
Effect
I.
natural
ADOPTION
The law merely
creates
by
fiction
a
relation which
did not in fact
exist
Generally
applies
to
strangers
Always
by
judicial decree
Husband and
wife
adopt
jointly
with
exceptions
(RA8552)
Creates a rel.
only between
the child and
the
adopting
parents
46
PERSONS AND FAMILY RELATIONS
Adopter
Inquiry at DSWD
Attendance of DSWD
Adoption
Fora
and
Seminars
(include
counseling)
Missing Child
Tri-Media
(2) Declaration
Abandonment
(3) Declaration
Availability
Adoption
Case Study Report
in
47
of
of
for
Application for Adoption
Case Study Report
Matching
Placement
Supervised Trial Custody
Home Study Report
Recommendation
and
Consent
Petition for Adoption
Adoption Decree
A. Pre-Adoption Services
The DSWD shall provide for the following
services:
1. Counseling services for the biological
parents,
prospective
parents,
and
prospective adoptee
2. Exhaust all efforts to locate the biological
parents, if unknown
48
PERSONS AND FAMILY RELATIONS
49
PERSONS AND FAMILY RELATIONS
50
PERSONS AND FAMILY RELATIONS
GENERAL PROVISIONS
A. KINDS
B. CHARACTERISTICS
C. HOW SUPPORT IS GIVEN
II. WHO ARE OBLIGED TO SUPPORT EACH
OTHER
III. PROPERTIES ANSWERABLE FOR SUPPORT
IV. ORDER OF SUPPORT
A. IF THERE ARE MULTIPLE OBLIGORS
B. IF THERE ARE MULTIPLE RECIPIENTS
I.
Support
A. Kinds of Support
1. Legal that which is required to be given by
law
2. Judicial that which is required to be given
by court order whether pendente lite or in a
final judgment
3. Voluntary or Conventional by agreement
51
PERSONS AND FAMILY RELATIONS
Spouses
Descendants, nearest in degree
Ascendants, nearest in degree
Brothers and Sisters
52
PERSONS AND FAMILY RELATIONS
PARENTAL
AUTHORITY
GENERAL
PROVISIONS
A. CUSTODY
B. OTHER RIGHTS AND DUTIES IN
EXERCISE OF PARENTAL AUTHORITY
II. SUBSTITUTE AND SPECIAL PARENTAL
AUTHORITY
III. SUSPENSION
OR
TERMINATION
OF
PARENTAL AUTHORITY
IV. RIGHTS AND DUTIES OF CHILDREN
I.
Parental Authority
cannot
be
A. Custody
Parental Preference Rule
The natural parents, who are of good character
and who can reasonably provide for the child,
are ordinarily entitled to custody as against all
persons (Santos v CA, 1995).
Who exercises authority in cases of death,
absence, remarriage, or separation of
parents
In case one parent is absent or already
dead, the present or surviving parent (Art.
212 FC)
Remarriage shall not affect the parental
authority over the children (Art. 212 FC)
In case of a void/annulled marriage, and
there is no agreement bet. spouses, the
parent designated by the court (Art. 43 FC
par 1; Art. 49 FC).
Innocent spouse gets custody of minor
children in legal separation (Art. 63 FC par
3).
The court shall take into account all relevant
considerations, especially the choice of the
child over seven years of age, unless the
parent chosen is unfit (Art. 213 FC par 1).
Tender Years Presumption
NO child under 7 years of age shall be
separated from the mother, unless the court
finds compelling reasons to order otherwise.
(Art. 213 FC par 2; Gamboa v. CA, 2007)
Examples of compelling reasons are:
When the mother is insane;
with a communicable disease that might
endanger the life or health of the child;
is maltreating the child; or
has another child by another man who lives
with her. (Cervantes v. Fajardo, 1989)
[NOTE: Prostitution or infidelity to husband does
not make a mother unfit as parent.]
53
PERSONS AND FAMILY RELATIONS
II. Substitute
Authority
and
Special
Parental
54
PERSONS AND FAMILY RELATIONS
Termination
of
55
Duties of Children:
Art. 357, NCC
obey and honor his parents or guardian
respect old relatives and persons holding
substitute parental authority
exert his utmost for his education and
training
cooperate with the family in matters for his
own good
Art. 4, PD603
strive to live an upright and virtuous life
love, obey, respect his parents and
cooperate with them in strengthening the
family
extend his love to his brothers and sisters
exert his utmost to develop his potentials
III. Suspension
or
Parental Authority
General Guidelines
Art. 305, Civil Code. The duty and the right to make
arrangements for the funeral of a relative shall be in
accordance with the order established for support,
under Article 294. In case of descendants of the same
degree, or of brothers and sisters, the oldest shall be
preferred. In case of ascendants, the paternal shall
have a better right.
Art. 306, Civil Code. Every funeral shall be in
keeping with the social position of the deceased.
Art. 307, Civil Code. The funeral shall be in
accordance with the expressed wishes of the
deceased. In the absence of such expression, his
religious beliefs or affiliation shall determine the
funeral rites. In case of doubt, the form of the funeral
shall be decided upon by the person obliged to make
arrangements for the same, after consulting the other
members of the family.
Art. 308, Civil Code. No human remains shall be
retained, interred, disposed of or exhumed without the
consent of the persons mentioned in articles 294 and
305.
Art. 309, Civil Code. Any person who shows
disrespect to the dead, or wrongfully interferes with a
funeral shall be liable to the family of the deceased for
damages, material and moral.
Duty
and
Right
to
make
funeral
arrangements (in relation to Art. 199 FC)
1. Spouse
2. Descendants in nearest degree
3. Ascendants in nearest degree
4. Brothers and sisters
5. Municipal authorities if there are no
persons who are bound to support or if such
persons are without means
56
PERSONS AND FAMILY RELATIONS