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PERSON any being, natural (Art. 40, CC) or juridical (Art. 42, CC), susceptible to legal rights and obligations, and can be a subject of legal relations. KINDS OF CAPACITY:
JURIDICAL CAPACITY – fitness to be subject of legal relations (Art. 37, CC) Rule: inherent to all natural persons, and can only be extinguished by death. On juridical persons, they gain juridical capacity from the moment they are created. Juridical Capacity is just one, indivisible, irreducible, and essentially the same for all men; it is an inherent and ineffaceable attribute of man, and attaches to him by the mere fact of his being a man.
CAPACITY TO ACT – power to do acts with legal effect (Art. 37, CC) Rule: They are acquired, and may be lost. They are also subjects to certain restrictions. Mere existence of a human being does not confer upon him/her a capacity to act. No one has 100% capacity to act, nor does anyone have absolutely no capacity to act. Even though one may have “full capacity to act,” one still does not reach 100% capacity to act but only close to it. As to infants, though they still have not acquired a capacity to act, this does not mean that they have 0% capacity to act. LIMITS ON CAPACITY TO ACT: Insanity, Imbecility, State of being deaf-mute, Penalty, Prodigality, Family Relations, Alienage, Absence, Insolvency, Trusteeship, (Art 38, 39, CC) and other limits spread throughout the Code. Art. 39(2), or rule on married women 21 years and over, has been amended by RA 6809, which lowers the age of majority to 18 year old. KINDS OF PERSONS – natural persons, juridical persons:
NATURAL PERSONS – human beings General Rule: Birth determines personality (Art 40). Death extinguishes civil personality (Art 42). Exception: a “conceived child shall be considered born for all purposes that are FAVORABLE to it, provided it be born later” (Art 40, 2nd clause) with the following circumstances: i. From the time it is completely delivered from the mother's womb. ii. But if the fetus had an intra-uterine life of less than seven months, it should survive for at least 24 hours after its complete delivery. (Art. 41, CC) [Test of life: complete respiration] TOLENTINO: Birth means complete removal of the fetus from the mother’s womb. PROF. BALANE: Modern medicine cannot as of yet determine if the intra-uterine life is 7 months or less in terms of number of days. Modern medicine cannot determine the exact time when fertilization took place. Modern medicine estimates the fetus age in weeks. *In Geluz v CA, The Supreme Court held that the father cannot file charges on behalf of the aborted fetus because it never acquired a civil personality, because it was not alive when it was delivered from the mother’s womb. The baby thus did not acquire any legal rights. The father could have filed for moral damages on his own capacity, had he suffered anguish from the loss of the baby, but it appears from the facts that he did not suffer from any pain or anguish. Thus, he cannot claim any damages. EFFECT OF DEATH: The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will (Art 42, par. 2). However, the Civil Code does not define death, nor can doctors precisely pinpoint the exact moment when death occurs. DOUBT ON THE ORDER OF DEATH: If they are called to succeed each other, whoever alleges the death of one prior to the other, shall prove the same. In the absence of proof, it is presumed that they died at the same time, and there will be no transmission of rights from one to the other. (Art. 43, CC) *In Joaquin v Navarro, the rule on Art. 43 was not applied in determining whether the mother or the son died first. There were eyewitnesses who can give evidence as to who died first, so there is no reason for applying the presumption. It is only when it is impossible to determine who died first that the presumption applies. B. JURIDICAL PERSONS 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. (Art 44, CC) GOVERNING LAWS:
JURIDICAL PERSON State Political subdivision Public corporation Private corporation Partnerships
GOVERNED BY Constitution (Defines its organization and limits its rights vis-à-vis citizens) Charter Charter Corporation Code, Articles of Incorporation and By-Laws Stipulations of the parties and suppletorily by the general provisions on partnership
RULES: Juridical persons may acquire and possess property of all kinds, incur obligations, and bring civil or criminal actions (Art. 46, CC) 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) II. CITIZENSHIP AND DOMICILE
WHO ARE FILIPINO CITIZENS? 1. Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution; 2. Those whose fathers or mothers are citizens of the Philippines; 3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and
Those who are naturalized in accordance with law. (Art IV, Constitution)
§1, 1987 Philippine
These have superseded the rules on citizenship enumerated in the Civil Code. DOMICILE: For Natural Persons: the place of their habitual residence (Art. 50, CC). For Juridical 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). REQUISITES OF DOMICILE (Callego vs. Vera): 1. Physical Presence 2. Intent to remain permanently KINDS OF DOMICILE: 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 one’s domicile as his permanent place.
Domicile by Operation of Law (i.e., Article 69, domicile of minor)
III. MARRIAGE is:
1. 2. 3. 4. 5. 6. 7. 8. 9.
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, except that Marriage settlements may Fix property relations during the marriage within the Limits provided by this Code. (Art 1, Family Code) BREACH OF PROMISE TO MARRY:
*In Tanjanco v CA, the Supreme Court held that “breach of promise to marry is not an actionable wrong.” The fact that the Santos, the woman, agreed to have sexual intercourse with Tanjanco for a year does not constitute seduction but mutual passion. *However, in Wassmer v Velez, Velez was held liable for the cost of the wedding preparations spent by Wassmer, because he disappeared two days before the marriage. The Supreme Court said that while mere breach is not an actionable wrong, Velez is still liable under Art. 21 of the Civil Code because he abused his right, thereby causing moral and material damages, which should be compensated. ESSENTIAL REQUISITES OF MARRIAGE:
Legal Capacity of contracting parties who must be Male and Female; Consent freely given in the presence of the solemnizing officer. (Art. 2, FC)
*In People v Santiago (51 Phil 68), the marriage between Santiago and his niece was declared void for lack of consent on the part of Santiago. He only got married to her to avoid prosecution because he raped her the same morning that the marriage was solemnized by a Protestant minister. The Supreme Court held that it was a mere ruse for him to escape criminal liability. FORMAL REQUISITES OF MARRIAGE:
1. 2. 3.
Authority of the solemnizing officer; A valid Marriage License except in cases under Chapter 2 of this Title; Marriage Ceremony (i.e. appearance of contracting parties before solemnizing officer and their personal declaration that they take each other as husband and wife). (Art 3, FC)
ABSENCE, DEFECT, OR IRREGULARITY IN THE REQUISITES: ABSENCE of any of the essential or formal requisites shall render the marriage VOID AB INITIO, (Art 4, par. 1) except when it is solemnized by an unauthorized person with either or both contracting parties having good faith that he had authority to do so (Art 35, par. 2) A DEFECT in any of the ESSENTIAL REQUISITES shall render the marriage VOIDABLE (Art 4, par. 2). An IRREGULARITY in the FORMAL REQUISITES shall NOT AFFECT the validity of the marriage, but the party or parties responsible for the irregularity shall be civilly, criminally, and administratively liable (Art 4, par. 3). A. MARRIAGE CEREMONY There is no particular form or religious rite required by law. MINIMUM REQUIREMENTS BY LAW: 1. The contracting parties appear personally before the solemnizing officer 2. They declare in the presence of at least two witnesses of legal age, 3. That they take each other as husband and wife; 4. The declaration shall be contained in the marriage certificate, 5. Which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer. (Art. 6, FC) In a marriage in articulo mortis, when one or both parties are unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to write the name of said party, which shall be attested by the solemnizing officer. (Art 6, par. 2) PLACES WHERE MARRIAGE MAY BE CELEBRATED: 1. Chambers of the judge or in open court; 2. Church, chapel, or temple 3. Office of the Consul-general, consul, or vice-consul, as the case may be. (Art. 8, FC) Exceptions: marriage in articulo mortis, in a remote place (the barrio or barangay should be so located that there is no means of transportation to enable such party to appear personally before the local civil registrar – Art. 29), or where both of the parties request the solemnizing officer in writing, in which case the marriage may be solemnized at a house or place designated by then in a sworn statement. B. AUTHORITY OF SOLEMNIZING OFFICERS MARRIAGE MAY BE SOLEMNIZED BY: 1. Any incumbent member of the judiciary within the court’s jurisdiction (Art. 7, par. 1); 2. Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect; he/she must be registered with the civil registrar general (CRG). he/she must be acting within the limits of the written authority granted by the church at least one of the parties must be a member of the church or religious sect to which the solemnizing officer belongs (Art. 7, par. 2). 3. Ship captain or airplane chief (Art 7, par. 3); Can only solemnize marriages in articulo mortis (when there one or both parties are at the point of death), while the ship is at sea or the plane is in flight, or at stopovers or ports of call (Art 31, FC).
Civil status. (Art. In case one or both contacting parties are at the point of death (in articulo mortis). Marriage in articulo mortis between passengers or crew members. Marriage between a man and a woman who have lived together as husband and wife for at least five years. FC) 6. Full name. there is no need for a marriage license. The marriage certificate is not a requisite of marriage but a mere proof that the marriage really existed. Can only solemnize marriages in articulo mortis between persons within the zone of military operation. If the residence of either party is so located that there is no means of transportation to enable them to personally appear before the local civil registrar. 26): General Rule: Marriages solemnized outside the RP in accordance with the law of the foreign country shall be valid in the Philippines (lex loci celebrationis) Exceptions: 1. A. Age and date of birth. Psychological incapacity – Art. without legal impediment to marry each other. 35: 1. Mayors (under the Local Government Code. [May be solemnized by the ship captain or airplane pilot. the Filipino spouse shall likewise have the capacity to remarry under the Philippine law (Art 26(2))./her to remarry. residence and citizenship of the father. FC) MARRIAGES EXEMPT FROM MARRIAGE LICENSE REQUIREMENT: 1. 11. whether members of the armed forces or civilians (Art 32. even if they have cohabited during the subsistence of the previous marriage. *In Ninal v Badayog. 9. 2. Any military commander of a unit to which a chaplain is assigned. Consul-general. in case the contracting party has neither father nor mother and is under the age of twenty-one years (Art. 28) 3. 33) 6. 10. or practices. Marriages among Muslims or among members of cultural communities. (Art. 37 7. par. (Art.] (Art. consul. or vice consul (Art. Present residence and citizenship. Full name. 7. 7. the Supreme Court held that the marriage is still valid even if the priest who solemnized the marriage failed to send a copy of the marriage certificate to the municipal secretary. Since there is only a difference of one year and eight months since the death of the first wife and the execution of their affidavit. VOID MARRIAGES MARRIAGE IS VOID AB INITIO WHEN: I. residence and citizenship of the mother. [May be solemnized by the military commander of the unit] (Art. Marriage void for reasons of public policy – Art. not found in the Family Code) C. 27) 2. 3. par. 36 6. Full name of the contracting party. how. Under Art. the Supreme Court held that there must be no legal impediment during the entire five or more years that the parties are living as husband and wife. where the parties were married in articulo mortis. Marriages void under Article 53 – Art. And since the marriage was solemnized under exceptional circumstances. Place of birth. Bigamous or polygamous marriage – Art. 4. 5) Can solemnize marriages between Filipino citizens abroad. Mistake in identity – Art. Incestuous marriages – Art. MARRIAGES CELEBRATED ABROAD (ART. when and where the previous marriage was dissolved or annulled. 32) 5. 4). Marriage between persons below 18 years old – Art. 35(1) 2. 35 (5) 4. 38 If a Filipino married to a foreigner and the latter subsequently obtains a valid divorce abroad capacitating him. 35 (6) 5. 31) Marriage in articulo mortis between persons within the zone of military operation. provided they are solemnized in accordance with their customs. 8. 4. 5. rites. MARRIAGE LICENSE Requirements for Marriage license application: 1. Degree of relationship of the contracting parties. even with consent of parents . FC). the five-year requirement is not met. If previously married. Contracted by anyone below 18 years old. in the absence of the latter (Art 7. The issuance of the marriage license and the duties of the local civil registrar shall also be performed by said consular official. (Art. residence and citizenship of the guardian or person having charge.4. and 10. Full name. 6. 5. *In Madridejo v De Leon. 35(4) 3.
the Supreme Court held that the actions of the wife. except when first spouse has been absent for four years. 7. (d) clearly explained in the decision. legitimate or illegitimate. without prejudice to the effect of the reappearance of the absent spouse. 2. 52 is not complied with: There must be a partition and distribution of property after the judgment of annulment of declaration of nullity. 11. Interpretations given by the national Appellate Matrimonial tribunal of the Catholic Church in the Philippines. *An action for declaration of nullity of marriage is imprescriptible. 53: Marriage is void when Art. Any contracting party is. Between an adopted child and a legitimate child of the adopter. There is no marriage license. 40) *In Domingo v CA. 4. should be given great respect by our courts. The essential marital obligations mist be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220. Between parties where one. It also laid down in this case the guidelines to be followed by the courts in interpreting Art. Between collateral blood relatives. No decision shall be handed down unless the Solicitor General issues a certification. psychologically incapacitated to comply with the essential marital obligations. 9. and the surviving spouse has a well-founded belief that the spouse is dead. legitimate or illegitimate. II. 1997 (268 SCRA 198). up to the fourth civil degree. 41) 5. 18. with the intention to marry the other. 13. 36: 7.2. and the remaining spouse has a well-founded belief that the absent spouse is dead. described by the wife as “highly immature and habitually quarrelsome who thought himself as a king to be served. Under Art. 12. 39) *For purposes of remarriage. *In Republic v Molina. except when one or both parties believe that the solemnizing officer had authority to do so. 17. 3. (b) alleged in the complaint. 40 about JDN being the sole basis for remarriage does not mean that JDN can only be invoked for purposes of remarriage. Such incapacity must also be shown to be medically or clinically permanent of incurable. Between parents-in-law and children-in-law. 37 (Incestuous Relationships): 8. (c) sufficiently proven by the experts. There is a mistake in identity of the other contracting party 6. Solemnized by anyone not authorized to do so. 36. Between brothers and sisters.” does not amount to psychological incapacity. The burden of proof to show the nullity of the marriage belongs to the plaintiff. Between the surviving spouse of the adopting parent and the adopted child. The incapacity must be proven to be existing at “the time of the celebration” of the marriage. It is bigamous or polygamous. 41): General Rule: Marriage contracted by any person during the subsistence of a previous marriage is VOID Exception: If the first spouse has been absent for four consecutive years. legitimate or illegitimate. It held that what existed are mere irreconcilable differences. Between adopting parent and adopted child. while not controlling or decisive. 16. The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. The presumptive legitimes of the children must also be delivered and recorded in the appropriate civil registry. The subsequent marriage is void under Art. The Supreme Court held that the JDN can be invoked for other purposes than remarriage. GUIDELINES FOR INTERPRETATION OF ARTICLE 36 (Republic v Molina): 1. (Art. 14. and 225 of the same Code in regard to parents and their children. . Under Art. killed that other person's spouse. Between the surviving spouse of the adopted child and the adopter. 3. the reason cited in this case. 6. except in marriage under exceptional circumstances 4. Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Between ascendants and descendants of any degree. or two years under extraordinary circumstances. or two years under extraordinary circumstances. III. The wording of Art. Between step-parents and step-children. 221. (Art. and there is a judicial declaration of presumptive death. Under Art. IV. the nullity of a previous marriage may be invoked solely on the basis of a final judicial declaration of nullity (JDN) of the previous marriage. is also a valid reason for filing for JDN. or his or her own spouse. 5. at the time of the celebration of the marriage. and is judicially declared presumptively dead. whether full or half-blood. 38 (For Reasons of Public Policy): 10. the husband opposed the filing of judicial declaration of nullity (JDN) filed by the wife Domingo because the marriage is already void ab initio because of the husband’s previous marriage. 15. Separation of Property. RULE ON BIGAMOUS MARRIAGE (ART. Between adopted children of the same adopter. 8. (Art. The root cause of the psychological incapacity must be: (a) medically or clinically identified.
5 years attaining 21. even if not concealed. 45) 2. 3. Insurance benefits – innocent spouse may revoke designation of guilty party as beneficiary. He contracted the third marriage after the death of his first wife. During lucid interval or after regaining sanity. even if not serious or incurable. to the innocent spouse) 3. *However. GROUND FOR ANNULMENT (Art. 47) 1. *In People v Mendoza. 45: 1. by mere looking. the Supreme Court granted annulment because the wife concealed the fact that she was 4 months pregnant during the time of the marriage. undue influence Free cohabitation after having full knowledge of fraud Free cohabitation after the force has ceased or disappeared . Donation propter nuptias – remains valid. 2. habitual alcoholism or homosexuality/lesbianism. c. (but if the donee contracted marriage in bad faith. Children – considered legitimate 2. Succession Rights – Party in bad faith disqualified to inherit from innocent spouse. b. Any time before the death of insane party Fraud 2. WHEN: Under Art. any donations and testamentary dispositions made by one party to the other by reason of marriage will be revoked (Art.Exception to the exception: When both parties in the subsequent marriage acted in bad faith. donations will be revoked) 4. Legal guardian of insane party 3. in Aquino v Delizo. 47) 1. *In Buccat v Buccat. through concealment of a sexually-transmitted disease. He was prosecuted for bigamy on his third marriage. and there is no parental consent. d. after Free cohabitation after attaining age of 21. Insane party Injured party (defrauded party) Injured party PRESCRIPTION (Art. intimidation. The consent of either party was obtained through fraud (different from mistake in identity): a.46) 4. It held that it is unbelievable that the wife could have concealed the fact that she was 6 months pregnant at the time of the marriage. 44). Donations . The consent of either party was obtained through force. 44) B.” Aquino could hardly be expected to know. The Supreme Court held that he is not guilty for bigamy for his third marriage. 1. the Supreme Court refused to grant annulment filed by the husband because his wife gave birth to a baby a mere 89 days after their marriage. Underage party 2. HOW TO RATIFY (Art. and before death Five years after discovery of fraud Five years after disappearance of force or intimidation Free cohabitation of insane party after coming to reason Force. 45) Lack of parental consent WHO CAN FILE (Art. (Art. 6. Either party has a serious and incurable sexually-transmissible disease. VOIDABLE MARRIAGES MARRIAGE MAY BE ANNULLED. through non-disclosure of a previous conviction of a crime involving moral turpitude.If both parties of subsequent marriage acted in bad faith. Either party was of unsound mind (insanity). whether or not she was pregnant at the time of the marriage. It is the second marriage that is bigamous. Either party is physically unable to consummate the marriage (impotence) (different from sterility). One of the parties is 18 or above but below 21. through concealment of drug addiction. the marriage is still void (Art. Property Regime – dissolved and liquidated (party in bad faith shall forfeit his/her share in favor of the common children or children by a previous marriage. since his prior subsisting marriage has already been extinguished by the death of his first wife. EFFECTS OF TERMINATION OF BIGAMOUS MARRIAGE (Art 43): 1. Mendoza contracted three marriages. whether testate or intestate 6. through concealment of the wife of the fact that she was pregnant by another man. Parent or guardian Insanity 1. and in case there are none. 5. or undue influence. Sane spouse with no knowledge of the other’s insanity 2. It argued that since Delizo was “naturally plump. Before child reaches 21. even if such designation is irrevocable 5. He contracted the second marriage during the subsistence of the first marriage. intimidation.
not pardon from offended party). 6. 2. 36) or non-partition of properties in a previous marriage (Art. Nature 2. 48) EFFECTS OF DECLARATION OF NULLITY OR ANNULMENT: The same as effects of termination of bigamous marriage (Arts. 3. even if pardoned (executive pardon. 53). 10. it is only a ground for legal separation. 55): 1. Contracting by respondent of a subsequent bigamous marriage. 7. (Art. except in the status of children. Effect on property 4. or a child of the petitioner. whether in the Philippines of abroad. How to impugn Can only be attacked DIRECTLY (there must be annulment decree) Can no longer be impugned after death of parties 6. can be a ground for annulment of marriage. to engage in prostitution or connivance in such corruption or inducement. Attempt on the life of petitioner by respondent. giving paramount consideration to their moral and material welfare. 44). or child of petitioner. 2. a common child. Sexual infidelity or perversion. 4. The court shall also provide for visitation rights of other parent. Physical violence or moral pressure to compel petitioner to change religious or political affiliation. 9. Final judgment sentencing respondent to imprisonment of more than 6 years. The custody of the common children. 165) Exception: In void marriages by reason of psychological incapacity (Art. There is no need for criminal conviction. Repeated violence or grossly abusive conduct directed against petitioner. 49) *To prevent collusion between the parties. a common child. LEGAL SEPARATION BED AND BOARD SEPARATION MAY BE DECREED WHEN THERE IS (Art. The court shall provide for the support of the spouses. children are considered LEGITIMATE. Condonation by aggrieved party . their choice of parent with whom they wish to remain. Co-validation 3. fabrication or suppression of evidence. ditto on rules on drug addiction. GROUNDS FOR DENYING LEGAL SEPARATION (Art. 43. because legal separation only requires a preponderance of evidence. Abandonment of petitioner by respondent without justifiable cause for more than one year. there is no need for prior conviction for concubinage. Drug addiction or habitual alcoholism of respondent. VOID MARRIAGES vs. Lesbianism or homosexuality of respondent. Legitimacy of children 5. only Coownership General rule: Children are ILLEGITIMATE (Art. In fact.Impotence STD Healthy party Healthy party Five years marriage Five years marriage after after Deemed ratified action prescribes Deemed ratified action prescribes when when During Pendency of Action: 1. May be attacked DIRECTLY or COLLATERALLY. (Art. Attempt of respondent to corrupt or induce petitioner. a civil action for legal separation based on infidelity may proceed ahead or simultaneously with the criminal action for concubinage. *In Gandioco v Peñaranda. VOIDABLE MARRIAGES (SEMPIO-DIY): Void Marriage INEXISTENT from the beginning CANNOT be covalidated No Community Property. whether concealed or not. the prosecuting attorney or fiscal shall appear on behalf of the State. 8. except for purpose of remarriage (there must be JDN) May still be impugned after death of parties Voidable Marriage VALID until annulled by court CAN be covalidated by prescription or free cohabitation ACP exists unless another system is instituted through marriage settlement Children are LEGITIMATE if conceived before decree of annulment 1. 56): 1. 5. and concealed from petitioner. When it existed from the time of celebration. Effect parties of death of C. as opposed to proof beyond reasonable doubt required in concubinage. 3. When it occurred only after the marriage. the Supreme Court held that in sexual infidelity as a ground for legal separation.
42. Spouses can live separately. The right to testamentary succession depends on the will of the innocent spouse. AGUILING-PANGALANGAN: The option to revoke of the designation of guilty spouse as beneficiary in an insurance policy should prevail. PROF. 67). and determined that despite such efforts. if there is no written agreement between the spouses. 1) Collusion – The court shall assign the prosecuting attorney or fiscal to make sure that there is no collusion between the parties. 49) EFFECTS OF DECREE FOR LEGAL SEPARATION (ART. par. Proceedings for legal separation shall be terminated at whatever stage. 6. If there is a final decree of legal separation. 66): 1. unless the spouses agree to revive their former property regime or to institute another property regime (cf. the spouses are entitled to live separately (Art. 7. The provisions in favor of the guilty party in the will of the innocent spouse shall also be revoked by operation of law. 3. 3. (Art. 66. 3. 2. BALANE: It is not the reconciliation per se but the filing of the required manifestation that produces the effects enumerated in Art. par. and that evidence is not fabricated or suppressed (Art. 64) 6. 5. 61. 8. Art. even if such stipulations are irrevocable (Art. . Consent by aggrieved party to the commission of the offense Connivance between parties in the commission of the offense Mutual guilt in ground for legal separation Collusion between parties to obtain decree of legal separation Death of either party during pendency of action (Lapuz-Sy v Eufemio) Reconciliation of parties during pendency of action (Art. The right to intestate succession by guilty spouse from innocent spouse is restored. (Art.Prescription of action for legal separation *Other grounds for denying legal separation: 2. *Other effects of legal separation: 5. notwithstanding contrary provisions in the Insurance Code. 1). Custody of the minor children shall be awarded to the innocent spouse 4. Administration of Community or Conjugal Property – If there is no written agreement between the parties. Donation propter nuptias in favor of the guilty spouse may be revoked (Art. Obligation for mutual support ceases. it shall be set aside. 7. 65). 59) Confession – No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment (Art. par. Guilty spouse shall be disqualified from inheriting from innocent spouse by intestate succession. but cannot remarry (marriage bonds are not severed). 57) Reconciliation period – Action cannot be tried before six months have elapsed since the filing of the petition (Art. 6. they should file a corresponding joint manifestation under oath of such reconciliation (Art. reconciliation is highly improbable (Art. Art. 2) After filing the petition for legal separation. The separation of property and forfeiture of share of guilty spouse shall subsist. 62. previous children. 58) Attempts on reconciliation – Action cannot be tried unless the court has attempted to reconcile the spouses. 198) 8. 60. 1. The ACP of CPG shall be dissolved and liquidated. 5. 7. the court shall designate one of them or a third person to administer the ACP or CPG. Art. 66 par. par. 3. 4. 6. cf. but the court may order the guilty spouse to support the innocent spouse. 2) Custody of children – The court shall give custody of children to one of them. or innocent spouse (cf.1) RULES ON LEGAL SEPARATION PROCEEDINGS: Prescription – Action prescribes in five years from occurrence of cause (Art. 5. par. 2. RULE ON RECONCILIATION: Should the spouses reconcile. *Other effects of Reconciliation: 4. 2). 2. The wife shall continue to use the surname of the husband even after the decree for legal separation. 4. Innocent spouse may also revoke designation of guilty spouse as beneficiary in an insurance policy. 61. and the share of the guilty spouse shall be forfeited in favor the common children. EFFECTS OF RECONCILIATION (ART. (Art. 60. It shall also provide for visitation rights of the other spouse. 63): 1. 8. Joint custody of children is restored. 64).
Fix the family domicile. USE OF SURNAME: A. the Absolute Community of Property will be followed Local Customs *The rule that ACP is the default mode of property relations absent any marriage settlement applies to all Filipinos. Render mutual help and support (Art. 69) 5. Live together (Art.) *In Yasin v Shari’a District Court. (Art. Widows: A widow may use the deceased husband’s surname as though he were still living. Signed by the parties 3. dishonor or injury to the family. ACP will apply) . Must be registered in local civil registry – to affect third persons (If not registered. 68) 3. Should she decide to keep her maiden name. Marriage settlements before marriage – spouses can agree to whatever regime they want. In case the other spouse neglects his or her duties or commit acts which tend to bring danger. 80 REQUIREMENTS FOR MARRIAGE SETTLEMENTS (ART. 68) 2. Manage the household. respect. (Art.IV. Executed before the celebration of the marriage 4. 68) 4. V. 70) 6. Married Women: A married woman may use: (1) Her maiden first name and surname and add her husband's surname. and moral grounds. Must be in writing (public or private) 2. 370. court appointed guardian must be a party 6. (A US Case allowed a woman to keep her maiden name especially because many of her professional relations already know her by that name. 373. the woman can revert to her old name without need for judicial declaration. CC) *The wife has the option to choose which among these names she should use. CC) C. (Art. B. Observe mutual love. so as to avoid confusion. Mistresses: *In Legamia v IAC. parent/guardian must be a party to the settlement 5. The other spouse may only object on valid. Jointly support the family. If party needs parental consent. In case of disagreement.. since everyone already knew that she was a mistress. the aggrieved party may apply the court for relief. 2. It also said that when her husband dies. (Art. or (2) Her maiden first name and her husband's surname or (3) Her husband's full name. will not prejudice third persons.” (Art. CC. CPG. 3. the use of the word “may” in the provision indicates that she may do so. and (2) benefit has accrued to the family before the objection. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE THEHUSBAND AND WIFE ARE OBLIGED TO: 1. 73) a. be it ACP. and fidelity (Art. 77): 1. If party is under civil interdiction or other disability (not including insanity). said that the woman only has an option and not a duty to use the surname of her husband. without need for consent of the other. such as “Mrs. the Court shall decide whether (1) the objection is proper. PROPERTY RELATIONS BETWEEN SPOUSES ORDER TO BE FOLLOWED (ARTS. or complete separation. the court shall decide. 72) Either spouse may exercise any legitimate profession. serious. 2. 74. as provided for in Art. the Supreme Court. but prefixing a word indicating that she is his wife. 370. Provisions of the Civil Code – If there are no marriage settlements. (Art. by way of obiter dictum. regardless of the place of the marriage and their residence – Art. *In case of disagreement. 75): 1. 71) RIGHTS OF SPOUSES: 1. (Art. the Supreme Court allowed the mistress to use her live-in partner’s name.
spouses to each other 2. If the marriage is not celebrated or judicially declared void ab initio. When donee has committed an act of ingratitude.In Art. DONATIONS BY REASON OF MARRIAGE DONATIONS BY REASON OF MARRIAGE donations which are made before the celebration of the marriage. Revival of the former property regime upon reconciliation if the spouses agree (Art. (Art. Judicial Dissolution (Arts. 4. ordinary wedding gifts given after the celebration of the marriage 2. (Art. donations in favor of future spouses made before marriage but not in consideration thereof 3. 87) Exception: Moderate gifts on the occasion of any family rejoicing. 86 ORDINARY DONATIONS Express acceptance necessary Cannot be made by minors Cannot include future property No limit to donation of present property provided legitimes are not impaired Grounds for revocation . and the donee acted in bad faith. 2. 63 (2)) In such an instance. Judicial separation of property. When the marriage is annulled. *In Matabuena v Cervantes. 84) Exception: If they are governed by ACP. Legal Separation (Art. 86): 1. 2.General Rule: All modifications to the marriage settlement must be made before the marriage is celebrated. 78) May include future property If present property is donated and property is not absolute community. Exceptions: 1. such as: a. 3. limited to 1/5 Grounds for revocation . Made in consideration of the marriage 3. and it is not complied with. 2. If there is a resolutory condition. 87 is applicable even to common-law spouses. An offense against person or property of donor. if the donee is the guilty spouse. In favor of one or both spouses DONATIONS EXCLUDED: 1. 135 and 136) A. the property regime is dissolved. as required by law. directly or indirectly (donations made by spouses to each other during the marriage are void) (Art. except donations made in settlements. The authority to be the sole administrator of the conjugal partnership If the other spouse abandons the other without just cause or fails to comply with his or her obligations to the family. During Marriage General Rule: Spouses cannot donate to each other. A spouse may petition the court for: a. or c. 3rd persons to either or both spouses DISTINGUISHED FROM ORDINARY DONATIONS: DONATIONS PROPTER NUPTIAS Does not require express acceptance May be made by minors (Art. in consideration of the same. 128) 4. 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. parents of one or both spouses 3. Receivership b. the Supreme Court ruled that Art. 6. donations made I n favor of persons other than the spouses even if founded on the intended marriage WHO MAY DONATE? 1. and in favor of one or both of the future spouses. or his wife or children under parental authority . REASONS FOR REVOCATION OF DONATION PROPTER NUPTIAS (ART. Made before the celebration of marriage 2. When the marriage takes place without the consent of the parents or guardians. 5. 82) Requisites: 1. 66 (2)) 3.in donation laws RULES: 1. Upon legal separation.
Donations by Spouses to Common Legitimate Children Beneficiaries should be common legitimate children of spouses. e. Properties acquired by a gratuitous title. or Self-Improvement Course of Spouses Intention of the law is to encourage the spouses to improve themselves for the benefit not just of their family but of the whole nation as well. unless the crime is committed against the donee. unless it be proven that they are excluded.they form part of the ACP Properties acquired before the marriage. applicable rule is (9).g. However. (Art. his wife or children under his authority. “Major repairs” include those caused by extraordinary events such as storms . which includes dissolution of absolute community or conjugal partnership as a result of legal separation. clothes. not those that do not benefit the family. B. 94): 1. 88). Vocational. in case of a judicial separation of property. WAIVER OF RIGHTS: NOT ALLOWED (Art. Repairs on Community Property Taxes on property itself and its fruits. inheritance by testate and intestate succession.b. e. Ante-nuptial Debts that Benefited the Family If the ante-nuptial debt did not benefit the family. 3. *The action for filing for revocation of donation prescribes. 49) 2. Expenses limited to minor repairs.g.e. floods. Properties for personal use. Refusing to support the donor. Tax. and one should not act without the consent of the other. WHAT IT CONSISTS: All the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. even if proven. except when a spouse leaves the conjugal home without just cause Support shall be given to the spouses during pendency of action for legal separation (Art 61) or for annulment of marriage (Art. Debts and Obligations Contracted During Marriage Either by both spouses or one of them. *The donee may choose to waive his/her right to revoke the donation. Debts Contracted by one Spouse Without Consent of the other ACP liable only to the extent that the debt benefited the family. i. Taxes and Expenses for Mere preservation of Separate properties Applies only to separate properties by either spouse being used by the family. 3. loans incurred by husband prior to marriage to purchase conjugal home 8. WHAT IS EXCLUDED (RESERVED PROPERTY): 1. with the consent of the other. 89) Exceptions: 1. toilet articles. for those with legitimate descendants with a former marriage (to protect rights of children by a former marriage). Liens. Expenses for professional. donation. spouses cannot exclude specific properties from the regime. Donation should be made by both spouses. 93) CHARGES UPON THE ACP (ART. if the marriage is celebrated before the Family Code took effect (1988). 4. if he/she is legally required to do so. otherwise. including any surcharges on real estate taxes. not just at the day of the celebration. c. (Art. 2. in case the marriage is dissolved (by death of one of the spouses) or annulled. creditors need not prove that the debts benefited the family. the ACP is not liable. “Minor repairs” are those for mere preservation of property or those caused by ordinary wear and tear. the default property regime is the Conjugal Partnership of Gains (CPG). In (2) and (3). 6. ABSOLUTE COMMUNITY OF PROPERTY WHEN IT COMMENCES: at the precise moment of the celebration of the marriage (Art. etc. PRESUMPTION: All properties acquired during the marriage form part of the ACP. books Exception: Pieces of jewelry . 2. or any act involving moral turpitude. 7. in which case the donee will keep the property. An imputation to the donor of any criminal offense. Reason: spouses are joint administrators of community property. including the fruits of such properties ( Exception: When it was expressly provided by the donor or testator that the property shall form part of the ACP). . with the marriage subsisting. Support Support of illegitimate children of either spouse governed by (9) Support shall be given to spouses even if they are not living together. 91) Under the ACP. 5.
ADMINISTRATION OF PROPERTY: Belongs to both spouses jointly. 2. 6. they shall be deducted from the share of the guilty spouse at the time of the liquidation of the absolute community. Inventory of assets of ACP and of spouses. Spouse who leaves the conjugal home without just cause shall not be entitled to support. Expenses of Litigation between Spouses Expenses of these litigations are actions for support by one spouse against the other or for support and custody of children. however. with market values. 98. guilty spouse has no obligation to reimburse to the ACP indemnities paid by ACO on account of a crime or quasi-delict committed by him or her. nothing is divided. IN CASE OF ABANDONMENT (ART. He/She. Support of Illegitimate Children. However. when abroad). DISPOSITION OF PROPERTY: Either spouse may. If they disagree the husband’s decision prevails. 2. he/she has left for a period of three months. 3. Creditors can go after the separate properties of the spouses. If consent is necessary for transaction but is withheld or otherwise unobtainable. Except that: 1. Under the Family Code. Under Art. or unable to participate in the administration (e. 63 and 64 Annulment or judicial declaration of nullity – follow rules in Arts. dispose his/her interest in the community property. 2. 2. without prejudice to the provisions of law on forfeitures and delivery of presumptive legitimes. or net remainder is divided equally between the spouses. 50 to 52 Judicial separation of property during marriage – follow rules in Arts. 10. 96). spouses shall be solidarily liable. the wife has five years from the date of the decision to go to court for recourse. Moderate donations to charity due to family rejoicing or distress. If obligations exceed the assets of the ACP. the ACP is considered merely to have advanced these indemnities. 5. If ACP is insufficient. authorization may be obtained from the court. 205 of CC. If it is necessary to administer or encumber separate property of spouse who left. following logic of Art. spouse who has property is liable for support. DONATION OF PROPERTY: Donation of one spouse without the consent of the other is not allowed (Art. 4. (b) judicial separation of property. subject to precautionary conditions that the court may impose. 4. according to provisions on support. however. the ACP is not liable for the expenses incurred during litigation. 102): 1. irrespective of how much each brought into the community. 3. 103 Legal Separation – follow rules in Arts. 134 to 138 RULES ON DE FACTO SEPARATION (ART. If the spouse who files the case loses. spouse present may ask for judicial authority to do this. Exceptions: 1. which are solidarily liable for the deficiency. and separate obligations not charged to ACP paid by respective assets of spouses. If personal obligations of a spouse exceed his/her separate property. Balance. If ACP is not enough and one spouse has no separate property. 100): De facto separation does not affect the ACP. 97) However. it is presumed that she agreed with the husband’s decision. 99): 1. creditor can go after the share of the spouse on the net remainder of the ACP. Death of either spouse – follow rules in Art. 5. Moderate gifts by each spouse to the other due to family rejoicing. .g. Ante-Nuptial Debts not under (7). through a will. Otherwise. the will should refer only to his/her own share in the community property. (note: What’s moderate depends on the socio-economic status of the family) ACP TERMINATES UPON (ART. 101): Present spouse may petition the court for: (a) receivership. 4. (Art. or (c) authority to be the sole administrator of the absolute community.9. *Spouse is prima facie considered to have abandoned the other spouse and the family if: 1. Support for family will be taken from the ACP. Obligations are paid with community property. is still required to support the other spouse and the family. (Art. 2. 96) Exception: When the other spouse is incapacitated. and annulment of marriage. PROCESS OF LIQUIDATION OF ACP (ART. he/she has failed to inform his/her whereabouts for a period of three months. Liabilities of Either Spouse Arising from Quasi-Delict If the debtor-spouse has no exclusive property or his or her property is insufficient. 3. legal separation.
identification is difficult. fruits. For marriages after the Family Code. Determine the capital. they shall be divided between two communities in proportion to the capital and duration of each. The interest of the spouses in the conjugal properties is only inchoate or a mere expectancy and does not ripen into title until it appears after the dissolution and liquidation of the partnership that there are net assets CPG vs. Everything acquired by them by chance Each spouse has his/her own property and his/her own debts. Ordinary partnership Comes into existence according agreement between parties Determined by will of partners. the law fixing its conditions. Property acquired before marriage. if agreed to by the parties through a marriage settlement. and sometimes. products. *In De Ansaldo v Sheriff of Manila. Mutual trust and confidence between spouses. In case of doubt as to which community the existing properties belong. only fruits part of conjugal property Part of conjugal property Separate properties are returned. ACP Properties become part of community property Becomes conjugal property. Everything acquired by them within marriage through their own efforts. PROCEDURE FOR LIQUIDATION OF COMMUNITY PROPERTIES OF TWO MARRIAGES (ART. 5. Basis Each spouse retains his/her property. duration. and rules to . 1. unless they have agreed on another manner of division in their marriage settlement. insurmountable obstacle to presumption of solidarity Exclusive properties will have to be identified and returned. 2. the net gains or benefits from the partnership shall be divided equally between the spouses. 104): 1. Existence 2. 2. The community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased spouse. For marriages before the implementation of the Family Code. RULES IN CASE OF TERMINATION OF MARRIAGE BY DEATH OF ONE OF THE SPOUSES (ART. Purpose. Liquidation CPG vs. Upon dissolution of marriage or partnership. and they will also divide into two equal shares whatever is left of the community assets. Property acquired during marriage 3. After covering all community obligations and obligations of spouses. ACP: CPG 1. C. and income of their separate properties. 2. and income of each community upon such proof as may be considered according to the rules of evidence. 3. The proceeds. 2. ORDINARY PARTNERSHIP: CPG Exists with the mere fact of marriage Predetermined by legislator. fruits. surviving spouse shall liquidate the community property either judicially or extra-judicially within one year from the death of the deceased spouse. HUSBAND AND WIFE PLACE IN COMMON FUND: 1. without prejudice to the provisions of law on forfeitures and delivery of presumptive legitimes. 103): 1. the Supreme Court ruled that the spouses are not co-owners of the conjugal properties during the marriage and cannot alienate the supposed ½ interest of each in the said properties. 2. Capital and properties of spouses kept separate and distinct from benefits.6. balance of separate properties shall be delivered to respective spouses or their heirs. If no such judicial settlement proceeding is instituted. Upon dissolution of marriage 4. Net remainder of ACP divided equally between spouses or heirs. fosters oneness of spouses Easier to liquidate because net remainder of community properties are simply divided between spouses or heirs. CONJUGAL PARTNERSHIP OF GAINS WHERE IT APPLIES: 1. net profits divided equally between spouses or heirs.
for 10. practice of a profession. contracted or registered in the name of one or both spouses. Industry. irrespective of the amount of capital that they bring into marriage No equality between spouses in control. Property acquired by either spouse during the marriage by gratuitous title – Art 109 (2) II. management. (Arts 1830-1931) Surviving partners may choose to continue partnership There can be division of profits without dissolution Same as individual partners. commissions. 109 (3) 4. income from business even if the capital comes from the exclusive property of one of the spouses. (Art. 117 (1)): The test is the origin of the money invested in the purchase. or dispose of his/her property belong to the owner-spouse and are consequences of his/her right of ownership. whether in the form of wages. In a public instrument 2. Work. Property brought into marriage by each spouse as his/her own – Art. (Art. Profits 4. subsidiarily. Either spouse may transfer administration of his/her exclusive property to the other. salaries. or by exchange with property belonging to either spouse – Art. is presumed to be conjugal unless the contrary is proved. by barter. annulment. labor or industry. whether the acquisition appears to have been made. honoraria. alienate. Management EXCLUSIVE PROPERTIES OF THE SPOUSES: I. and net fruits of exclusive property of each spouse (Art. possession. (Art. Fruits from common property. 111) Owner-spouse can also appear alone in court to litigate with respect to his/her exclusive property. Personality 6. etc. Rights to mortgage. express will of any partner. 112) PRESUMPTION: All property acquired during the marriage. etc. Considered a juridical person At the time agreed upon by partners By agreement of parties. and enjoyment of their exclusive properties (Art. 117 (3)): . except when one or more partners designated as managers. and control of partnership. Effect of death of a partner 11. Purpose 9. by law For profit Death. Commencement 7. civil interdiction. judicial separation of property Dissolution of partnership Only upon dissolution Joint. Property purchased with exclusive money of either spouse. Property acquired by right of redemption. Sale of separate property of a spouse 7. Property by direct acquisition. or upon their agreement General rule is that all partners have equal rights in administration. Division of properties 12. termination of term. insolvency. of either or both spouses. Possession does not affect ownership of separate property. Indemnity paid in cash of expropriation of separate property or under an insurance policy covering separate property. JDN. or property that is originally exclusive: 1. Properties Acquired by Onerous Title during the Marriage at Expense of Common Fund (Art. Regulation 8. in case of disagreement. 109 (4) III. bonuses. encumber. 2. wife has recourse to courts Depends upon respective capitals of partners. the husband’s decision shall prevail.3. if it came from conjugal funds. 8. Spouses retain ownership. 111) Alienation of exclusive property administered by the other automatically terminates and the administration over such property and the proceeds of the alienation shall be turned over to the ownerspouse. the property acquired is conjugal. Collection of credits belonging to one spouse exclusively 6. Recorded in the registry of property of the place where the property is located. Properties Acquired through the Labor. Profession of Either or both Spouses (Art. Property by substitution: 3. 110). because the law grants the husband some predominance. No juridical personality At precise moment of celebration of marriage By law Not particularly for profit Death. 117 (2)): Include all income from work. Equality 5. management. administration. legal separation. Causes dissolution Divided equally between spouses. Other Separate Property: 5.Art. (Art. 109(1) 2. and disposition. provided that it is: 1. 116) PROPERTIES THAT COMPOSE CPG: 1. 3.
. 159 of the Civil Code classifies as conjugal all animals existing at the dissolution of the partnership "exceeding" that brought to the marriage by each spouse. trade names. the conjugal partnership. earnings from business. produce of land. and so is the loan. this property being of a special type. because the right of the conjugal partnership is a real right of usufruct and therefore. PROPERTIES PURCHASED BY INSTALLMENT: . etc. and the spouses will be solidarily liable for said loan with their separate properties if later. property of a spouse at. citing Planiol and Ripert. however. Where property' belonging to one spouse is converted into another kind totally different in nature from its original form (e. and the owner-spouse is entitled to retain the gross income until these expenses are paid If fruits were pending on separate. the one-half share of the owner of the property goes to. 117 (5)): • These include wild animals caught by the husband in the forest while hunting. business goodwill. or civil. If the property where the treasure is found belongs to -a stranger and the treasure is found by one of the spouses. spouses on the property of either of them is conjugal. Share of either spouse in hidden treasure. Livestock existing at dissolution of partnership in excess of what is brought by either spouse to the marriage (Art. the same being an accessory that follows the principal. the community property is not enough to pay for the same. merely accessories to some commercial establishment or product. the prize will be conjugal." 7. during the marriage the converted property is conjugal in the absence of proof that the expenses of conversion were exclusively for the account of the original owner-spouse. a nipa 'swamp is converted into a fishpond). so that if such establishment or product is separate property of one spouse. almost a part of one's person or taken from his personality and the physical or external manifestation of his intellect or genius. SPECIAL CASES NOT INCLUDED IN ART. If. of cultivation to the spouse who owns the property from which the fruits were harvested. 117 (6)): (While Art. such as winnings from gambling or betting (Art. whether natural. that it is not simply a product of one's work or industry but should be considered as pertaining exclusively to its creator Business property like trade-marks. Properties acquired through occupation such as fishing or hunting (Art. the harvest collected during the marriages is conjugal. then the business property is separate property. 117(4)): Hidden treasure found by -the. But said owner-spouse is entitled to reimbursement of the value of the original property from the conjugal partnership Money received under the Social Security Act is not conjugal. like young of animals. 6. and if one of the spouses catches any of them. as conjugal all "livestock existing at the dissolution of the partnership in excess of each kind brought to the marriage by either spouse. the prize will be separate property of the spouse who owns the ticket. the one-half share of the finder is conjugal. however. like copyright or patent.g. citing the same authority). according to Tolentino.the time of the marriage. 117 (7)): • If a winning lottery or sweepstakes ticket is bought by a spouse with his or her own money or the ticket was given gratuitously by a friend. be considered separate property of the spouse who produces or invents or discovers it. Properties acquired by chance. whether as finder or owner of property where treasure is found (Art. 5. industrial. • Presumption: a lottery or sweepstakes ticket acquired during the marriage was bought with conjugal funds. service marks. and preservation should be taken from the gross fruits. although-the employee-spouse contributes to the SSS with his salaries. the law on usufruct should apply 4. and the prize is therefore. • The theory is that animals in the forest and fishes in the ocean are res nullius and do not belong to anyone.All kinds of fruits from conjugal properties as well as the exclusive properties of the spouses. The expenses for production. the benefit is not his alone but for the conjugal partnership. should. id. and similar kinds of property are.. 117: Land obtained by either spouse or by both through a loan is conjugal. and the conjugal partnership is not bound to pay the expenses. the ticket is purchased with conjugal funds. conjugal. But only net income or fruits of exclusive property of the spouses become conjugal. If the owner of the property where the treasure is found is one of the spouses and the treasure is found by a stranger. this particular provision of the Family Code considers. but all benefits or earnings derived from these different kinds of property during the marriage should belong to the conjugal property (Tolentino. when. administration. and all kinds of marine life caught while fishing. but belongs to the designated beneficiary under the Social Security Law Intellectual property.
The enjoyment of the CPG shall belong to both spouses jointly. 4. Encumbrance of property: includes a real estate mortgage of immovable property or a chattel mortgage or pledge of personal property of the CPG. or by both spouses or by one of them with the consent of the other. If. Mere awareness of a transaction is NOT consent If the consent cannot be obtained or unjustly withheld. . Charges to ACP]: 1. *If the conjugal partnership is insufficient to cover the foregoing liabilities. ADMINISTRATION OF THE CPG: Husband and wife are joint administrators of the family properties and exercise joint authority over the persons and properties of their children same provisions as those of Art. 5. however. although the installments paid by the conjugal partnership during the marriage must be reimbursed to it upon liquidation. If there is no consent of the other spouse nor judicial authority. of the ACP) ENJOYMENT OF THE CPG: 1. the property is EXCLUSIVE PROPERTY of said buyer-spouse.If the property was bought on installment by a spouse before the marriage and the contract of sale is such that ownership was already vested on the buyer-spouse at the time of the execution of the contract. The support of the spouse. Nicolas. or assignment. the spouses shall be solidarily liable for the unpaid balance with their separate properties. and expenses. charges. Expenses to enable either spouse to commence or complete a professional. 2. the contract of sale on installment is such that ownership did not vest on the buyer at the time of the execution of the sale and ownership vested only after the whole price was paid during the marriage and out of conjugal funds. however. The amounts paid by the conjugal partnership shall. liens. Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have benefited. DISPOSITION OR ENCUMBRANCE OF THE CPG: Disposition of property: alienation of said property in any form. even if installments on the price up to full payment came from the conjugal funds. however. be reimbursed to it by the owner-spouse at the time of the liquidation of the partnership. 6. the support of illegitimate children shall be governed by the provisions of this Code on Support. 8. or other activity for self-improvement. the PROPERTY IS CONJUGAL but the partnership shall reimburse the buyer-spouse the installments paid by him or her before the marriage. All taxes. including major or minor repairs upon the conjugal partnership property. 3. and the legitimate children of either spouse. 121) [cf. Disposition or encumbrance of conjugal property requires the consent or approval by both spouses. 2. is separate property of the buyer-spouse. 7. All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the conjugal partnership of gains. vocational. their common children. CHARGES UPON CPG (ART. *In Lorenzo v. then the other spouse may bring the matter to court and secure judicial authority for said disposition or encumbrance. such as sale. All taxes and expenses for mere preservation made during the marriage upon the separate property of either spouse. it was held that property bought on installment by either spouse before the marriage and was fully paid only after the marriage but ownership had vested on the buyer spouse before the marriage. Expenses of litigation between the spouses unless the suit is found to groundless. 96 (admin. Either spouse may enjoy or use the properties of the CPG like a beach house or a family car as long as the use is in accordance with the purpose of the thing without injuring it and the other spouse is not prevented from likewise using it. The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self-improvement. the disposition or encumbrance shall be void. Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family. donation. and 9.
if any. listing separately all the properties of the conjugal partnership and the exclusive properties of each spouse. the ownership of which has been vested by law in the conjugal partnership. 97: Either spouse may dispose by will of his interest in the ACP. However. In case of insufficiency of said assets. ALIENATION BY SURVIVORS: If it becomes necessary to pay outstanding obligations of the CPG after the death of one of the spouses. Each spouse shall be reimbursed for the use of his or her exclusive funds in the acquisition of property or for the value of his or her exclusive property. but also to mortgages. . 128): 1. Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them. Amounts advanced by the conjugal partnership in payment of personal debts and obligations of either spouse shall be credited to the conjugal partnership. (but there is no provision specifically for CPG). 2. the loss or deterioration of movables used for the benefit of the family. in accordance with the provisions of paragraph 2 of Article 121. the disposition or encumbrance shall be void. 7. Prepare inventory. provided the sale is made in the manner and with the formalities established by the Rules of Court for the sale of property of deceased persons. or b) written consent of the other spouse. which shall be divided equally between husband and wife. the spouses shall be solidarily liable for the unpaid balance with their separate properties. either of the following is necessary: a) authority of the court. Unless the owner had been indemnified from whatever source. these sole powers of administration do not include disposition or encumbrance (as these are acts of ownership or dominion) To be able to dispose or encumber properties of the CPG. even due to fortuitous event. unless a different proportion or division was agreed upon in the marriage settlements or unless there has been a voluntary waiver or forfeiture of such share as provided in this Code. or the profits. shall be paid to said spouse from the conjugal funds. belonging to either spouses. EFFECTS OF DISSOLUTION: Whatever is acquired by the surviving spouse after the termination of the CPG forms part of his or her exclusive property. This rule applies not only to sale. DISPOSITION BY WILL: same rule as Art. 5. 3. DISSOLUTION OF CPG (ART. In the absence of said judicial authority or written consent. can no longer be charged against the property of the CPG which has been terminated by such death. The debts and obligations of the conjugal partnership shall be paid out of the conjugal assets.WHEN ONE SPOUSE IS INCAPACITATED OR UNABLE TO PARTICIPATE IN ADMINISTRATION: The other spouse may assume sole powers of administration in the event that one spouse is incapacitated or otherwise unable to participate in the administration of the CPG. The net remainder of the conjugal partnership properties. a sale may be made of a portion of the CPG. 6. Such disposition cannot include the half that may be adjudicated to heirs of the deceased spouse. 4. An obligation incurred by a surviving spouse after the death of the other spouse.
the spouses have been separated in fact for at least one year and reconciliation is highly improbable. What gets divided between the spouses? Why? Spouses retain their separate properties which do not become part of the conjugal properties METHODS OF LIQUIDATION: 1. When the spouse who has left the conjugal home without a decree of legal separation resumes common life with the other. according to the provisions of the Family Code. Spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction. When third persons are in connivance with the surviving husband or knowingly lend their aid. INSTANCES (ART. the court will see to it that they do not profit by their misconduct. being satisfied that the spouse granted the power of administration in the marriage settlements will not again abuse that power. Judicial separation of properties may be voluntary or because of a sufficient cause. 3. When the court. . When the spouses who have separated in fact for at least one year. Loss of parental authority of the spouse of petitioner has been decreed by the court. When parental authority is judicially restored to the spouse previously deprived thereof. At the time of the petition. 141): 1. the presentation of the final judgment against the guilty or absent spouse shall be enough basis for the grant of the decree of judicial separation of property. authorizes the resumption of said administration. Separation of Properties takes place only upon judicial order. 134). (Art. Spouse of the petitioner has been judicially declared an absentee.RIGHTS OF THIRD PERSONS: Dissolution of the conjugal property must be recorded in the registry of property in order to affect third persons dealing with registered property. 5. directly or indirectly to the commission of fraudulent acts by the husband. 3. (5). 135): 1. by extra-judicial partition between the husband and wife or their heirs by an ordinary action for partition by testate and intestate proceedings D. and (6). 4. Spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family. 137) REVIVAL OF PROPERTY REGIME IN THE FF. AFTER JUDICIAL SEPARATION OF PROPERTY: ACP or CPG will be liquidated. . 6. (Art. SEPARATION OF PROPERTIES DURING MARRIAGE When there is no stipulation between the parties.each spouse loses ownership of whatever properties he/she brought to the marriage. 5. 2. *In the cases provided for in Numbers (1). CPG Only the net profits Absolute Community Entire common mass of property which remains after the payments of the debts and obligations of the absolute community All the separate properties of the spouses before the marriage become part of the community property. or in the use made of the proceeds. The spouse granted the power of administration in the marriage settlements has abused that power. The purchaser in good faith must be held to take a good and valid title which cannot be set aside thereafter upon proof that in making the sale. When the civil interdiction terminates. 4. a preponderance of evidence is required to secure a judicial separation of property. 2. 6. The heirs must seek their remedy against the husband. SUFFICIENT CAUSES FOR JUDICIAL SEPARATION OF PROPERTIES (ART. (2) and (3). reconcile and resume common life. When the absentee spouse reappears. * In cases provided for in numbers (4). and the fraud to which they are parties will vitiate and annul all their transactions. the husband acted in fraud of the rights of the heirs.
Bigamous marriages 2. *In Maxey vs. E. 142): 1. 4. 3. conflict of interest. In the absence of such descendants. or any other just cause. A man and a woman living together under a void marriage (inapplicable to bigamous marriage) Requisites: 1. (Art. without need for consent of the other. Presumption – properties acquired during the cohabitation are presumed to have been acquired through their joint efforts. When one spouse becomes the guardian of the other. par. Future Property. 2) F. work or industry Party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the forger’s efforts consisted in the care and maintenance of the family and of the household If the partner did not acquire the property directly. and enjoy his/her own estate. 4. REGIME OF SEPARATION OF PROPERTY GOVERNED BY: marriage settlements. (Art. UNIONS WITHOUT MARRIAGE UNIONS GOVERNED BY ARTICLE 147: 1. the Supreme Court said that the co-ownership arises even if the common-law wife does not work is not gainfully employed. No voluntary separation of property may thereafter be granted. CA. The man and the woman cohabit. they agree to the revival of the former property regime. the market value of their separate properties. that partner's efforts must consist of the care and maintenance of the family and of the household in order for such party to own 1/2 of the acquired property. 2. in proportion to their income.7. 146. dispose. Partial separation (remaining property is considered part of the absolute community) ADMINISTRATION: Each spouse shall own. The cohabitation is exclusive. Total separation. When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case. 144): 1. 2. When after voluntary dissolution of the absolute community of property or conjugal partnership has been judicially decreed upon the joint petition of the spouses. 143) KINDS OF SEPARATION (ART. 3. Both 2. Wages and salaries earned by either spouse during the cohabitation. In case of default of or waiver by any or all of the common children or their descendants each vacant share shall belong to the respective surviving descendants c. administer. In case of insufficiency. (Art. provisions of the Code are only suppletory. the share of the spouse who is in bad faith shall be forfeited a. such share belongs to the innocent party UNIONS GOVERNED BY ARTICLE 148 People incapacitated to marry each other 1. (Art. The man and the woman must have capacity to marry each other. When one spouse is judicially declared an absentee. Present Property. The common-law wife is still a co-owner since she ran the household and held the family purse even if she did not contribute thereto RULES: Parties cannot encumber or dispose by acts inter vivos their share in the property acquired during their cohabitation until termination In case of void marriage – if only one party is in good faith. 146) Liability of spouses to the creditors of the family shall be SOLIDARY. CO-OWNERSHIP IN: 1. In favor of their common children b. *If the other spouse is not qualified by reason of incompetence. possess. the court shall appoint a suitable person to be the administrator. . 145) FAMILY EXPENSES: Each spouse shall contribute to the family expenses. When one spouse is sentenced to a penalty which carries with it civil interdiction. TRANSFER OF ADMINISTRATION TO THE OTHER SPOUSE WHEN (ART. The man and the woman are not married to each other or are married to each other but the marriage is void. When a man and a woman capacitated to marry each other live exclusively with each other as husband and wife without the benefit of marriage 2. Properties acquired by them through their joint work or industry during the cohabitation. Adulterous relationships 2.
Among brothers and sisters. Each family can have only one family home. ascendants. 2. validity of marriage or a legal separation. future support. THE FAMILY HOME following are FAMILY HOME Dwelling place of a person and his family A real right. 3. Requisites to be a beneficiary: 1. LIMITATIONS: 1. The family home can be constituted only on the dwelling place and therefore in the locality where the family has its domicile. Between husband and wife. They live in the family home 3. 2. His or her minor child. e. any of the following: a. b. the case will be dismissed. Their parents. 3.3. jurisdiction of courts. which is gratuitous. If the party who acted in bad faith is not validly married to another. Presumption: Contributions and share of the parties to the properties acquired during the cohabitation are equal. THE FAMILY FAMILY RELATIONS INCLUDE THOSE: 1. who are living in the family home and who depend upon the head of the family for legal support. General Rule: For a suit between members of the same family shall prosper the required: 1. grandchild or child of his or her deceased wife or husband. No other family home can be established without first dissolving the existing one. 154): 1. 5. future legitime A. d. Between parents and children. Exception: Cases which cannot be compromised. civil status of persons. Relationships in a state of concubinage Relationships where both man and woman are married to other persons Multiple alliances of the same married man RULES: Only properties acquired by the parties through their actual joint contribution of money. His/her share in the co-owned properties will accrue to the ACP/CPG of his/her existing valid marriage 2. which must remain with the person constituting it and its heirs The house and lot must be owned by the person who constitutes it as it ins in the nature of the family home to be permanent To constitute the family home. legitimate or illegitimate. V. Such earnest efforts and the fact of failure must be alleged *Without these 3. or an unmarried person who is the head of the family. If one party is validly married to another: 1. (Article 2035): a. and free from attachment. inalienable. c. whether of the full or half-blood. descendants. A minor brother or sister or a minor child of a deceased brother or sister. An unmarried sister or any other of the relatives mentioned who has attained the age of majority but is unable to take care or support himself. grandmother of a deceased husband or wife d. grandfather. Earnest efforts towards a compromise have been made 2. there must be actual occupancy with the intention of dedicating the premises for such purpose Cannot be constituted upon premises permanently used for business purposes Exempted from execution. forced sale. mother. The father. 4. and attachment. 2. b. which confers upon a particular family the right to enjoy such properties. and under his or her care and maintenance. The husband and wife. c. They are dependent for legal support on the head of the family . BENEFICIARIES OF THE FAMILY HOME (ART. brothers and sisters. The relationship is within those enumerated 2. Such efforts have failed 3. The value of the family home must not exceed the limit fixed by law HEAD OF THE FAMILY: Every person who is residing in the dwelling house with him or her. any ground for legal separation. f. property or industry shall be owned in common in proportion to their respective contributions. his/her share shall be forfeited in the same manner as that provided in Art 147 The same rules on forfeiture shall apply if both parties are in bad faith. constituted over the dwelling place and the land on which it is situated.
164) b. PATERNITY AND FILIATION PATERNITY the relationship or status of a person with respect to his or her child (paternity includes maternity). P200. The creditor must file a motion in the court proceeding where he obtained a favorable for a writ of execution against the family home. his/her spouse.A. materialmen and others who have rendered service or furnished material for the construction of the building.EXCEPTIONS IN THE EXEMPTION OF THE FAMILY HOME FROM EXECUTION (ART. If there is a conflict. He must be a judgment creditor. FILIATION the status of a person with respect to his or her parents. His claim is not among those excepted under Article155. donated. 156) Property that is the subject of a conditional sale on installments where ownership is reversed by the vendor only to guarantee payment of the purchase price may be constituted as a family home (Art.A. There will be a hearing on the motion where the creditor must prove that the actual value of the family home exceeds the maximum amount fixed by the FC either at the time of its constitution or as a result of improvements introduced thereafter its constitution. First. 8043 (“Inter-country Adoption Act”)) 3 TYPES OF LEGITIMATE CHILDREN: 1. Adopted 2 TYPES OF ILLEGITIMATE CHILDREN: . The excess. If the family home is sold for more than the value allowed. 2. Legitimated (Arts. or of the exclusive properties of either spouse. 156 (2)). 176) c.165. 3. Legitimate proper 2. 8552 (“Domestic Adoption Act”) and R. 3. The heirs cannot partition the home unless the court finds compelling reasons therefor. or encumbered by the owners. assigned. Value: shall not exceed P300. 175. or as long as there is a minor beneficiary. if any. mechanics. 157) Urban Areas: chartered cities and municipalities whose annual income at least equals that legally required for chartered cities. builders. and 3. No. Debts incurred prior to the constitution of the family home. He has reasonable grounds to believe that the family home is worth more than the maximum amount fixed in Article 157 PROCEDURE TO AVAIL OF RIGHT UNDER ARTICLE 160: 1. Nonpayment of taxes. 158): Family home may be sold. Debts secured by mortgages on the premises before or after such constitution. the written consent of the person constituting it. If the creditor proves that the actual value exceeds the maximum amount the court will order its sale in execution. Then the judgment in favor of the creditor will be paid. OTHER RULES: The family home must be part of the properties of the ACP or CPG. (Art. 156): 1. majority of the beneficiaries of legal age. TYPES OF FILIATION: 1. the proceeds shall be applied as follows: a. 159): Family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years. Legitimate (Art. the obligation enumerated in Article 155 must be paid b. No. the Court will decide. By Adoption (R. and 3. 2. at the time of the constitution (Art. 4. 2.000 for urban areas. Debts due to laborers. Natural a. IN CASE OF DEATH (ART. REQUISITES FOR CREDITOR TO AVAIL OF THE RIGHT UNDER ARTICLE 160: 1. 4. 167-172) 2. 4. shall be delivered VI. alienated. SELLING THE FAMILY HOME (ART. architects.000 for rural areas. 2. Rural Areas: all other municipalities. Legitimated 3. Requirements: 1. Illegitimate (Arts. plus all the costs of execution c.
Registered in civil registry together with certificate. NOT covered by the Family Code. Consent in artificial insemination is defectively secured The only person who can impugn the legitimacy of the child on this ground is only the husband. A-B-O test). the child could not be his legitimate child. 160) ARTIFICIAL INSEMINATION impregnation of a female with the semen from a male without sexual intercourse It may be: (1) of the husband (AIH –homologous artificial insemination) . Physical Impossibility It was impossible for the husband to have sex with his wife within the first 120 days (period of conception) of the 300 days which immediately preceded the birth of the child because of: a. In the case of Tarleton v. Blood grouping tests – can determine non-paternity but not paternity (ex. Cocharan). There is no remedy for women as surrogacy is forbidden. Biological or other scientific grounds b. 3. Children of parents disqualified to marry each other at conception and marriage. the guy’s penis was cut off but the court still declared him to be the father since even if cut. it was still 3 inches long (long enough to be able to copulate). together with other pieces of evidence. LEGITIMATE CHILDREN LEGITIMATE CHILDREN: conceived OR born DURING marriage conceived during. IMPUGNING LEGITIMACY GROUNDS TO IMPUGN LEGITIMACY OF A CHILD: 1. in a written instrument 3.LEGITIMATE (2) of a donor (AID –heterologous artificial insemination) – LEGITIMATE IF RULES ARE FOLLOWED (3) combination of the husband’s and a donor’s (AIC –confused or combined artificial insemination) (4) TOLENTINO: If the consent is not written. Serious Illness – Illness must be serious to absolutely prevent him from having sex. Thompson. STA. AGUILING-PANGALANGAN: AI provides a remedy for impotent men. other evidence is OK ( analogous to marriage certificates) FOR CHILD BORN THROUGH AID TO BE LEGITIMATE (ART. born after conceived before. a. PROF. RULE UNDER THE CIVIL CODE (IMPUGNING LEGITIMACY OF A CHILD) . favor of legitimacy. not sterility. This presumption is so strong that evidence must be so convincing to justify the bastardization (there really is this term) of the child. born during conceived AND born during *Any child born conceived or born during marriage of parents (Art. c.1. and 171. Both must authorize/ratify 2. B. Physical incapacity – impotence. 2. can show the impossibility of the alleged father siring his supposed child. DNA test d. Vasectomy – SEMPIO-DIY: A double vasectomy. signed before birth of child 4. b. 160): 1. A. written consent not essential. Human Leukocyte Antigen Test (HLA) – can prove identity between child and father with a probability exceeding 98%. Wife is barred because of Articles 167. Children of parents qualified to marry each other Only this kind can be legitimated by subsequent marriage. 170. WHY? Because if it is impossible for the husband to have sex with his wife during the said period of 120 days. Living Separately – Mere remoteness is not sufficient. 2. MARIA: The fact that the husband has undergone vasectomy is not enough proof to rebut the presumption of legitimacy (Cocharan v. c. IN VITRO FERTILIZATION: An ovum of another woman is used.
3.) The mother. whose honor is offended. with or without basis. to bring an action to impugn the legitimacy of such child. 170): 1. if the impugner resides in the city or municipality where the birth took place or was recorded.) The husband. THE CHILD IS CONSIDERED LEGITIMATE ALTHOUGH: The mother may have declared against its legitimacy.) Even the wife. IN CASE OF TWO MARRIAGES OF MOTHER (ART. would be to invite other actions. . the Court held that the legitimacy of a child cannot be attacked collaterally or by way of defense to any action or proceeding filed for a different purpose. 3. 2. would not be able to tell with certainty who is the real father of her child. 3. 2. especially those not belonging to the family where the child was born. Within 3 years – from knowledge of the birth or its recording in the civil register. The child was born within the same 300 days after the termination of its mother's first marriage The child was born after 180 days following the solemnization of its mother's second marriage The first marriage must be terminated either by death or annulment.There is only one kind of proof (same 120-300 day rule) Does not take into account the modern advances in science and technology. even if such declaration is untrue. 171) Reason: To allow other people. He died after the filing of the complaint without having desisted therefrom. 167) Reasons for rule: 1. 169) Reason: 300 days is the longest period of gestation. or 3. Within 1 year – from knowledge of the birth or its recording in the civil register. if the impugner resides abroad. 2. WHO CAN IMPUGN THE LEGITIMACY OF A CHILD? Only the HUSBAND. 168): Termination of 1st marriage Celebration of 2nd marriage 180 days after celebration of 2nd marriage 300 days after termination of 1st marriage Child of the 1st Child of the 2nd st marriage marriage For the child to be considered the child of the 1 husband. but this does not mean that the child begotten by her is not that of her husband. 3. the following requisites must concur: 1. might have been able to obtain from his wife through coercion a confession of her guilt of adultery. * In Sayson v CA. (Art. Within 2 years – from knowledge of the birth or its recording in the civil register. might have declared against the child’s legitimacy. who has had carnal knowledge with her husband and with her paramour. His heirs can only impugn the legitimacy of a child born to his wife when: 1. if the impugner resides in the Philippines other than in the city or municipality where the birth took place or was recorded. in a fit of anger or to arouse jealousy on the part of the husband. The child was born within the same 300 days after the termination of the former marriage of its mother The child was born before 180 days after the solemnization of its mother's 2nd marriage For the child to be considered the child of the 2nd husband. TOLENTINO: This provision applies to the child of a wife who was raped. The husband died before the expiration of the period fixed for bringing his action. The child was born after the death of the husband (Art. The status of a child can be questioned only in a direct action or proceeding filed under this Article WHEN TO IMPUGN THE LEGITIMACY OF A CHILD (ART. There is no presumptive rule on the status of a child born after 300 days following the termination of the marriage. the following requisites must concur: The mother must have married again within 300 days from the termination of the marriage 2. The mother must have married again within 300 days from the termination of her first marriage 2. 1. The mother may have been sentenced as an adulteress (Art. by those whose only purpose is to break up a family to satisfy a jealous or revengeful feeling.
Article 170 is not applicable if the action is not to impugn the legitimacy of a child but to have the child declared not a child of the alleged mother and not her legal heir. where the Court ruled that the child should be registered in the civil registry under the surname of the mother. 176) Requirement to use father’s Surname – Acknowledgement from father through: The birth certificate. and in proper cases.If the birth of the child has been concealed or was unknown to the husband or his heirs. 176): To bear the surname of their mother and FATHER(the right to use the father’s surname is granted to them through RA 9255. it being supposed that they were born when their parents were validly married. To receive support from their parents. their ascendants. and in proper cases. or A private handwritten instrument. In case of insanity or when the child dies as a minor. 175) RIGHTS OF ILLEGITIMATE CHILDREN (ART. 177): 1. in their Absence: 1. their brothers and sisters. Child who is conceived and born outside of wedlock. The record of birth appearing in the civil register or a final judgment. their brothers and sisters. 174): 1. To receive support from their parents. and To be entitled to the legitimate and other successional rights granted to them by the Civil Code. D. thereby amending Art. cannot now be followed because of the right granted to illegitimate children by RA 9255.(Art. PROOFS OF FILIATION (ART. In this case they have five years to institute action. ascendants. (Art. *The decision in Mossesgeld v CA. Annulment in the future does not affect legitimacy.e. 2. 2. The open and continuous possession of the status of a legitimate child. To bear the surnames of the father and the mother. Any other means allowed by the Rules of Court and special laws. An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. in conformity with the provisions of this Code on Support. 172): 1. and To the legitime and other successional rights granted by law to legitimate children. 165) PROOF OF FILIATION: The same as legitimate children (Art. Legitimation takes place by a subsequent valid marriage between the parents. A public document. in conformity with the provisions of the Civil Code on Surnames. children those who are not disqualified by any impediment to marry each other . LEGITIMATED CHILDREN LEGITIMATION: Remedy by means of which those who in fact were not born in lawful wedlock and should therefore be considered illegitimate children are BY FICTION considered illegitimate children. 178) COMPARED TO ADOPTION: Adoption – law merely creates by fiction a relation which did not in fact exist. WHO CAN BE LEGITIMATED (ART. *i. ILLEGITIMATE CHILDREN Children born outside of a valid marriage are illegitimate. It is an act by which the quality of a legitimate child is conferred upon an illegitimate child. the right shall be transmitted to the heirs. whichever is earlier. the above periods shall be counted: 1. 173) RIGHTS OF LEGITIMATE CHILDREN (ART. (Art. 3. A product of NATURE AND LAW. decided in 1998. and 2. From the discovery or knowledge of the birth of the child 2. the parents were not disqualified by any impediment to marry each other. Or. From the discovery or knowledge of the fact of registration of the birth. regardless of the acknowledgement of the father. or 2. At the time of conception. C. Legitimation – law merely makes legal what exists by nature. A child can claim legitimacy anytime in his life.
183 Sec. 180) DEATH OF CHILD: When the child dies before the celebration of the marriage. to the legitimizing parents but also to other relatives ADOPTION Generally applies to strangers Always by judicial decree By one parent alone Creates a rel. (NOTE: texts in bold indicate provisions which are changed by RA 8552) FAMILY CODE RA 8522 Art. only between the child and the adopting parent ADOPTION ONLY BY JUDICIAL DECREE: o It is a juridical act. Bigamous relationships 4. LEGITIMATION: Similarities: both given status of a child born in lawful wedlock of the parents adopting or legitimizing it. A. Differences: LEGITIMATION Persons affected Procedure Who applies Effect Only natural children Extrajudicial acts of parents Only by both parents Same status and rights as a legitimated child not only in rel. at least 16yrs older than person to be o not been convicted of any crime adopted unless the adopter is the involving moral turpitude parent by nature or sp of legitimate o emotionally & psychologically parent of person to be adopted capable of caring for children* 5. 181) IMPUGNING: Only those who are prejudiced by their rights. a proceeding in rem o Only an adoption made through the court or in pursuance with procedure laid down under Rule 99 of the Rules of Court is valid in this jurisdiction. nor the mere fat that child has lived with the alleged adopter who has treated him like his own child sufficient to establish a valid adoption.CHILDREN OF FOLLOWING CANNOT BE LEGITIMATED (BECAUSE OF IMPEDIMENT): 1. o A mere agreement between adopter and parents is not a valid adoption. 179) RETROACTIVITY: The effects of legitimation shall retroact from the time of the child’s birth. 7 1. . Incestuous relationships 3. Adulterous relationships 2. (Art. unless they are adopting their own illegitimate children in order to elevate their status. (Art. the reason being that. the old concept of adoption considered it mainly for the benefit of persons who have not been blessed with children or who have lost them. person of age (18) a) Any Filipino citizen: 2. persons who have already children of their own cannot adopt anymore. when 1 seeks to adopt the family his own illegit child o at least 16 yrs older than b. 182) VII. their legitimation shall benefit their descendants. not disqualified under FC 184 keeping with the means of the family. Cannot be granted administratively. in possession of fully civil capacity & o of legal age legal rights o in possession of full civil 3. (Art. ADOPTION vs. WHO MAY ADOPT *Under the Civil Code. Void marriages by reasons of public policy under Art. when 1 sp seeks to adoptee and who is in a position to adopt the legit child of other support and care for his/her children in 6. o Fact of adoption is not presumed but must be affirmatively proved by the person claiming its existence (through the juridical decree). 38 RULES: RIGHTS: Legitimated children shall enjoy the same rights as legitimate children (Art. ADOPTION *Provisions of the Family Code have been amended by RA 8049 (Inter-Country Adoption Act0 and RA 8552(Domestic Adoption Act) and ADOPTION A juridical act which creates between two persons a relationship similar to that which results from legitimate paternity and filiation. within five years from the time of the cause of action accrues. in a position to support & care for his capacity & legal rts kids in keeping w/means of the family o of good moral character* 4. spouses jointly/married person o in a position to support & care w/consent of sp except: for his/her kids in keeping w/means of a.
O. 185 • H & W must jointly adopt except: a. Aliens may now adopt subject to the conditions/provided that qualifications are satisfied. or one spouse adopts the illegitimate son/daughter of the other. • Emotionally and psychologically capable and in a position to support family in keeping with the means – parent assumes all duties and responsibilities of rearing. care and protection 16 years difference may be waived when adopter is biological parent or is the sp of the adoptee’s parent b) Any alien possessing the same qualification as above stated for Filipino nationals. the consent to the adoption of his or her spouse is needed.“one spouse adopts the illegitimate child of a. when 1 sp seeks to adopt his own illegit child b. spouses are legally separated* In case husband and wife jointly adopt. but if married. except in cases enumerated • Permits the adoption of illegitimate children by their own parents because if the latter want to make amends. one who seeks to adopt legitimate child of his/her Filipino sp* c) guardian with respect to the ward after termination of guardianship & clearance of his financial accountabilities Husband &Wife shall jointly adapt except in the ff cases: a. supporting and molding the character of child for the development of his character and well-being. his country has diplomatic relations w/ RP 2. (3) An alien. they should be encouraged. to approximate natural filiation as much as possible. and civil interdiction. insanity or imbecility. prodigality. 184. provided that: 1. • The adopted or adopter may be single or married.to give assurance that adopter has the sufficient maturity to fill the role of a parent to the adopted child. certified by his diplomatic/consular office or any appropriate agency that he has leg capacity to adopt in his country 4. • Adoption by H & W . 186 • in case sps jointly adopt or 1 sp adopts legit child of other. Pardon does not remove disqualification. E. • No prohibition for relatives to adopt one another. • By restricting. his gov’t allows adoptee to enter his country as his adopted child 5. when 1 sp seeks to adopt legit child of the other Art. (2) Any person who has been convicted of a crime involving moral turpitude. • Aliens Liberalized the restrictions on adoption by aliens imposed by the Family Code. conditions may be waived for ff: former Filipino citizen seeks to adopt relative w/in 4th degree of consanguinity/affinity* b. (28a. A person who is rich but too old or too week should not be allowed. Art. • No conviction of crime involving moral turpitude – adopter should be morally qualified to do so.• Full civil rights – must have no curtailment of civil rights so that he could fully exercise parental authority – must not be suffering from limitations on capacity to act such as minority. if 1 sp seeks to adopt his own illegitimate child w/consent of other spouses c. Of the presumption of innocence. educating. or * (c) One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a relative by consanguinity of the latter. Art. except: (a) A former Filipino citizen who seeks to adopt a relative by consanguinity. Conviction is necessary bec. living in the Phil for at least 3yrs prior to filing until decree’s entered 3.* Aliens not included in the foregoing exceptions may adopt Filipino children in accordance with the rules on inter-country adoptions as may be provided by law. Also. 91 and PD 603) • Aliens – • stricter in adoption by aliens compared to PD 603 because children adopted by aliens suffered cultural and psychological shock and could not adjust to their new lives in the foreign countries • Some pedophiles simply abandoned the children after they had satisfied their sexual desires on them in their foreign homes • Alleged cases where children were killed for organ transplants in the foreign countries. . • Age difference of 16 years . there is some assurance that adopted children will receive love. joint parental authority shall be exercised in accordance w/FC • Husband and wife may jointly adopt a child. It shall raise the child to a legitimate status. deaf-mutism. joint parental authority shall be exercised by the spouses. * (b) One who seeks to adopt the legitimate child of his or her Filipino spouse. if 1 sp seeks to adopt legit child of other b. caring. The following persons may not adopt: (1) The guardian with respect to the ward prior to the approval of the final accounts rendered upon the termination of their guardianship relation.
WHO MAY BE ADOPTED: RA 8522 SECTION 8. FAMILY CODE Art. "Voluntarily committed child" is one whose parent(s) knowingly and willingly relinquishes parental authority to the Department.If spouses are legally separated. That no proceedings shall be initiated within six (6) months from the time of death of said parent(s).he is old enough to take care of himself and does not have to depend on anyone else to do so. they shall have joint parental authority over the adopted child. or when adoption was rescinded or revoked. (c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy. • • TOLENTINO: Legal separation terminates the common life between spouses and the reason for requiring the consent of one spouse for the adoption made by the other no longer exists the other” . or. or incompetence to discharge parental responsibilities. One spouse can adopt alone. or repeated neglect. unless he or she is a child by nature of the adopter or his or her spouse. -Reason: to prevent guardian who has misused or misappropriated the funds or properties of his ward to resort to adopting his ward to avoid an accounting of such funds or properties and possible criminal action. orphaned.may adopt both under FC and RA 8522 provided that guardianship is terminated and he has been cleared of his financial accountabilities. • Adoption of an adult is not allowed: . (d) A person of legal age if.However. continuous. or (f) A child whose biological or adoptive parent(s) has died: Provided. it is not obligatory. • Reason: to prevent dissension between spouses. But the adoption of a child by a married man will not bar a subsequent adoption of the same child by the wife of the adopting parent (jointly adopted). only then can the child be adopted again by another. • If they adopt jointly. (b) The legitimate son/daughter of one spouse by the other spouse. (30a. substantial. abuse. abandoned children the advantages and blessings of having parents who would love. E. 91 and PD 603) • Plurality of Adoption – A person cannot have two adopting fathers/mothers. . Who May Be Adopted. 187. but the consent of the other is required. B. although with the consent of the other spouse.in this case. The following may not be adopted: (1) A person of legal age. — The following may be adopted: (a) Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption. PRE-ADOPTION . (2) An alien with whose government the Republic of the Philippines has no diplomatic relations. said person has been consistently considered and treated by the adopter as his or her own child during minority. protect.“administratively or judicially declared available for adoption” voluntarily or involuntarily committed to the Department or to a duly licensed and accredited child-placing or child-caring agency. only one is the adopter. O. known or unknown. prior to the adoption. C. no need for joint adoption and the consent of the other is not necessary.The rationale of adoption is to give poor. he can do so by simply giving the latter financial assistance and leaving him something in his will. Guardians . rear and educate them until old enough • Enumerated who MAY NOT be adopted instead of MAY BE adopted. . freed of the parental authority of his/her biological parent(s) or guardian or adopter(s) in case of rescission of adoption. said person has been consistently considered and treated by the adopter(s) as his/her own child since minority. prior to the adoption. Upon the death. support. If the reason is to share material advantages with the adopted. "Involuntarily committed child" is one whose parent(s). has been permanently and judicially deprived of parental authority due to abandonment. (e) A child whose adoption has been previously rescinded. and (3) A person who has already been adopted unless such adoption has been previously revoked or rescinded.
The following documents/certifications are required: 1. A prospective adoptee shall be provided with counseling and other support services appropriate to his/her age and maturity. and in a manner and language that the child comprehends. Biological Parent(s) a. ii. b. they shall file his/her application for adoption with the Department directly or with a social service office of a local government unit. Marriage Contract or Divorce. Declaration of Nullity. Reasonable fees and charges are also imposed to adopters. The certificate shall be made a pre-requisite of the homestudy. A certificate shall be issued by the Department to the prospective adoptive parents attesting that they have undergone pre-adoption services. prospective adoptive parents. c. to develop among prospective adoptive parents a respect for the child’s biological origin and an awareness of the importance of telling the child that he/she is adopted. iii. ensure that his/her consent is voluntary and duly inform him/her of the effects of such consent. iii. To provide a support group for adoptive parents which shall give them a venue for sharing their adoption experiences. Continuing services shall be provided after relinquishment to cope with feelings of loss. especially to enable him/her to understand why he/she has been relinquished for adoption. etc. their own medical history and family background. In the case of a prospective adoptee whose consent to his/her own adoption is necessary. 111 of Rules and Regulation to implement RA 8552: 1. not having further contact with the child. Rules and Regulations to implement RA 8552: Steps 1 and 2 for prospective adopters. v. 2. or relinquish the child for adoption i. 2) Preparation of Home Study Report. or Legal Separation documents. . the right to reconsider his/her decision to relinquish his/her child within six (6) months from signing the Deed of Voluntary Commitment (DVC) subject to assessment by the Department. Spouses shall file their application jointly. iii. ii. Section 4 under Art. Biological Parents shall be counseled regarding their options: i. Authenticated birth certificate 2. and other services for his/her reintegration to the community. there may be communication with the child at their or the child’s initiative. Annulment. to disseminate basic information about adoption including the adoption process and procedures and the effects of adoption. Prior to this. prospective adopters should attend adoption fora and seminar. Topics to focus on: to keep the child and avail of services and assistance. to inform them of the general background of children in need of adoptive homes including children with special needs. 3. After which. Step 3 and 4 for prospective adoptees 1) Application for Adoption. ADOPTION PROCEDURE Article 5. The biological parent(s) who decided to keep the child shall be provided with adequate services and assistance to fulfill parental responsibilities. Prospective Adoptee a. the importance of providing relevant information on the child. the possibility that the child may be placed for adoption within the Philippines or in a foreign country. Department representatives shall conduct home visits to the applicants to determine whether they have capacity to adopt or not. b. or with any licensed accredited child placing agency. d. iv. avail of temporary child care arrangements such as foster care. b.PRE-ADOPTION – counseling services for the biological parents of adoptee. and prospective adoptee. the loss of parental rights over the child and as a rule. the possibility that in the future. D. the social worker/counselor shall consider the child’s wishes and opinions. Biological Parents shall be counseled regarding their options: i. iv. ii. Prospective Adoptive Parent(s) a.
Authenticated birth or foundling certificate. Physical and medical evaluation by a duly licensed physician and psychological evaluation by a psychologist. In the case of an applicant who is residing abroad. Picture of the child . – The child study report shall be prepared only by a licensed and accredited social worker of the Department or child caring agency not involved in child placement. a comprehensive study report prepared by a licensed social worker shall be submitted to the court as proof that the biological parent(s) has been properly counseled and provided other support services: 1. 3) Certificate Of Availability Of Child For Adoption. or in the absence of any of the foregoing. 4. Latest income tax return or any other documents showing financial capability. Written consent to the adoption by the legitimate and adopted sons/daughters. but is otherwise qualifies to adopt in the Philippines under the provisions of the Act. Decree of abandonment or Deed of Voluntary Commitment. when appropriate. Psychological Evaluation when appropriate. Disapproval of Adoption Application. Copy of the Certificate of Availability for Adoption and Child Study Report shall be sent to the Child Welfare Specialist Group (CWSG) for purpose of placement of the child for adoption. Written Consent to adoption by the biological parent(s) or the legal guardian and the written consent of the child if at least ten (10) years old. who are at least ten (10) years old. e. The Department shall issue the Certificate of Availability for Adoption not later than fifteen (15) days after expiration of the six (6) month period after execution of Deed of Voluntary Commitment by the child’s parents or legal or after receipt of entry of judgement in case of involuntary commitment. NBI/Police Clearance 6.3.g. as appropriate. 3. 9. Certificate of Employment. 12. anxiety or pressure. namely from the local church/minister. 5. Bank Certificate or Statement of Assets and Liabilities. 3x5 sized pictures of the applicant(s) and his/her immediate family taken within the last three (3) months. 13. or is a signatory of an international agreement. and illegitimate sons/daughters if living with the applicant. Certificate of attendance to pre-adoption fora or seminars. The following documents shall accompany the child report: 1. 7. Two (2) character references from a non-relatives who knew the applicant(s) in the country of which he/she is a citizen or was a resident prior to residing in the Philippines. the Philippine Intercountry Adoption Board may also certify that the Philippines and the applicants’ country have an existing agreement or arrangement on intercountry adoption whereby a child who has been adopted in the Philippines or has a pre-adoption placement approved by the Board is allowed to enter and remain as permanent resident in the applicant’s country as his/her legitimate child. 11. the Homestudy report shall be prepared by an accredited foreign adoption agency. In addition. 4. foreign nationals shall submit the following: 10. Three (3) character references. and to ascertain that such decision does not result in improper financial gain for those involved in it. signed in the presence of the social worker of the Department or child caring agency after proper counseling as prescribed in Section III of these Rules. except for those who have resided in the Philippines for more than fifteen (15) years. 5. which allows a child adopted in the Philippines by its national to enter his/her country and permanently reside therein as his/her legitimate child which may be issued by his/her country’s diplomatic or consular office or central authority n intercountry adoption or any government agency which has jurisdiction over child and family matters. Certification that the applicant(s) have legal capacity to adopt in his/her country and that his/her country has a policy. 2. * FOR BIOLOGICAL PARENTS: In all proceedings for adoption. Police Clearance from all places of residence in the past two years immediately prior to residing in the Philippines. a certification from the Intercountry Adoption Board shall be required to ensure that said agency is accredited. – No child shall be placed for adoption unless a clearance has been obtained from the Department that said child is available for adoption. to exhaust all measures to strengthen family ties and keep the child. Death Certificate of biological parents. Medical evaluation of the child and his/her parent(s). and a non-relative member of the immediate community who have known the applicant(s) for at least three (3) years. However. – Except when found by the social worker that such application can no longer be considered. there shall be no prejudice to future application of said applicants. 6. if available. to ensure that their decision to relinquish their child for adoption is not caused by stress. 4) Supporting Documents Of Child Study Report. 2. the employer. Certificate of Residence in the Philippines issued by the Bureau of Immigration or Department of Foreign Affairs. as appropriate. 8.
other alternative long term care. A copy of the decree of adoption shall be forwarded to the Department. 9) Consent to Adoption. In this respect. If for any valid reason the same cannot be presented. after considering the recommendation and reports of the social worker and other evidence. the amended birth certificate shall be presented. 10) Filing Of Petition For Adoption. – If. Issuance of Decree of Adoption and Entry of Judgement. the following is required: a. copy of the decree of adoption and entry of judgement b. – The physical transfer of a child from a child caring agency or foster home to the prospective adoptive parents who shall be responsible for his/her care and custody shall be made after the necessary form are accomplished and the Pre-Adoption Placement Authority (PAPA) has been issued after approval of the Regional Director for placement within the region or by the Department Secretary or his/her duly authorized representative in cases of interregional placements. or if the social worker finds that the continued placement of the child is not in the child’s best interest. If records of children and approved adoptive parent/s are not matched within thirty (30) days in the regional level. – No adoptee shall be issued a travel authority unless a decree of adoption has already became final and executory. the social worker shall conduct monthly home visits to monitor adjustment of the prospective adopter(s) and child to each other and submit progress report to the Department. reduce or dispense with the trial period if it finds that it is to the best interest of the child. if inappropriate. – the prospective adoptive parent(s) shall initiate judicial proceeding by filing the petition to adopt not later than 30 days from date of receipt of the Department’s written consent to adoption. the Court is satisfied that the adopter(s) are qualified to adopt. In such case. or both. – If the adjustment of the child/adopter(s) is satisfactory. 7) Placement. said relationship/placement shall be suspended by the Department which shall recommend to the Adoption Resource and Referral Office to consider another possible placement. Travel Authority of Adopted Child. Local Civil Registry Office shall submit one copy of the court decision to the Local Civil Registrar of the city or municipality where the birth of the adopted child was registered. . or. the social worker shall forward to the Department the final supervisory report which shall include the recommendation for the issuance of the written consent to adoption to be executed by the Department. – court decision on adoption and the finality of decision shall be submitted to the following not later that thirty (30) days after the court decision has become final and executory: a.5) Submission Of Case Records Of Prospective Adoptees and Prospective Adoptive Parents. New Placement. The court may upon its own motion or on motion of the petitioner. a certification from the Office of the Solicitor General that the decision is final and executory and that no appeal there from has been filed by the said office. – Case Records of prospective adoptees and prospective adoptive parents shall be submitted to the concerned Adoption Resource and Referral Office (ARRO) which was established according to Section 23 of the Act for matching. it shall be forwarded to the Department’s Central Office for interregional matching The matching proposal made by the CWSG shall be approved by the Department. – If the placement/relationship is found unsatisfactory by the child or the adopter(s). Recording Of The Court Decision. – The matching of the child to an approved adoptive parent(s) shall be carried out during the regular matching conference by the Matching Committee otherwise called the Child Welfare Specialist Group (CWSG) in the regional level where the social workers of the child and family are present. then an adoption decree and an Entry of Judgement shall be issued. 6) Matching. the Department shall arrange without delay a new placement of the child. b. A copy of these reports shall be given to the child caring agency where the child came from. – The placement of the child shall take effect upon issuance of the PAPA by the Department after which the supervised trial custody shall commence. 8) Supervised Trial Custody. Local Civil Registry Office of the City/municipality where the court issuing the same is situated Register of Court Decrees After which. the court shall state its reasons for reducing said period. – In the event of the disruption of the pre-adoptive placement. Disruption of Pre-Adoptive Placement. During the supervised trial custody.
The spouses.The latter office shall have the duty to prepare the amended certificate of live birth of the adopted child. (Art. social services unit of the local government.” (Manresa) Parental authority under the Family Code includes parental “responsibility. and even after this under certain circumstances. 199): 1. 195): 1. unless it appears that he gave it without intention of being reimbursed (Art. 205) When support is given by a stranger without knowledge of the person obliged to give support. Parents and their illegitimate children and the legitimate and illegitimate children of the latter. education and transportation. Legal – that which is required to be given by law Judicial – that which is required to be given by court order whether pendente lite or in a final judgment Voluntary or Conventional – by agreement An example of conventional support is as follow. nearest in degree 4. the payment shall be divided between them in proportion to their resources (Art. a third person may furnish support. but it shall not be paid except from the date of judicial or extra-judicial demand (Art. the one who paid has the right to be reimbursed. 201) Support shall be reduced or increased proportionately according to the reduction or increase in the necessities of the recipient and resources of the one giving support (Art. 205) 5. Descendants. Personal 2. whether of full or half-blood. 201 and 202) WHO ARE OBLIGED TO SUPPORT EACH OTHER (ART. 200) The amount of support shall be in proportion to the resources or means of the giver and the necessities of the recipient (Art. 3. medical attendance. Brothers and Sisters RULES: When two or more are obliged to give support. Legitimate brothers and sisters. ORDER OF SUPPORT (IF 2 OR MORE ARE TO GIVE SUPPORT) (ART. – Post Adoption Services which shall include counseling shall be made available by the social workers of the Department. 4. Variable (Arts. child placing and child caring agencies to develop the adoptee. PARENTAL AUTHORITY PARENTAL AUTHORITY (Patria Potestas) “the mass of rights and obligations which parents have in relation to the person and property of their children until their emancipation. Intransmissible 3. with a right of reimbursement (Art. and 5. in keeping with the financial capacity of the family (Art. 3. mode – Y has to support X’s mother. However X imposes a CHARACTERISTICS OF SUPPORT: 1. adopter and the biological parents. (Art. 195) 6. 209) IX. nearest in degree 3. VIII. Not subject to waiver or compensation with regard to future support • Support in arrears can be waived. Exempt from attachment or execution (Art. 207) In case of contractual support or that given by will. clothing.” . Ascendants. Legitimate ascendants and descendants. X donates land to Y. 4. 203) The person obliged to give support has the option to either pay the allowance fixed or receive and maintain in the family dwelling the person who has the right to receive support (Art. SUPPORT SUPPORT everything indispensable for sustenance. the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution. a copy of of the new birth certificate shall be transmitted by the local civil registrar to the National Statistics Office within 30 days from registration 11) Post Adoption Services. Spouses 2. 204) The right to receive support and the money or property obtained as support shall not be levied upon on attachment or execution. 208) Contractual support shall be subject to adjustment whenever modification is necessary due to changes in circumstances manifestly beyond contemplation of the parties. Reciprocal on the part of those who are by law bound to support each other (Art. 2. Then. 2. 194) 3 KINDS OF SUPPORT: 1. dwelling. 202) Obligation to give support is demandable from the time the person who has a right to receive needs it for maintenance. (Art. Parents and their legitimate children and the legitimate and illegitimate children of the latter. 206) When person obliged to give support unjustly refuses or fails to give support when urgently needed.
School. Oldest brother or sister. the development of the moral. and education of their heart and senses. the father’s decision shall prevail. 212). In case of death. commitment of the child in an entity or institution engaged in child care or in a children’s home. *Only in case of the parents’ death. unless there is judicial order (TOLENTINO: wife’s authority is subordinated. or unsuitability of both parents. the present parent (Art. 3. the parent designated by the court. (Art. orphanages and similar institutions duly accredited by the proper government agency. 214 2. Both parents exercise joint authority over their children In case of disagreement. DISTINCTION AUTHORITY: BETWEEN SUBSTITUTE PARENTAL AUTHORITY AND SPECIAL PARENTAL . 212. absence. Purpose: The physical preservation and development of children. as well as the cultivation of their intellect. REMARRIAGE.It is the right and duty of parents to protect their children. 213) Innocent spouse gets custody of minor children. FC) DUTIES OF CHILDREN TOWARDS THEIR PARENTS (UNDER FAMILY CODE): 1. although subsidiary. maintenance. SUBSTITUTE PARENTAL AUTHORITY EXERCISED BY (IN ORDER): 1. 214) If there are several grandparents. or 2. WHO EXERCISES AUTHORITY IN CASES OF DEATH. its administrators and teachers. if it is in the best interest of the child. as provided in Art. 217) SPECIAL PARENTAL AUTHORITY EXERCISED BY (ART. 2. Examples of compelling reasons are: o When the mother is insane. especially the choice of the child over seven years of age. Child’s actual custodian. unless the parent chosen is unfit. 2. *Prostitution or infidelity to husband does not make a mother unfit as parent. *The court may award custody to third persons. a surviving grandparent shall exercise substitute parental authority. entity or institution engaged in child care. or unsuitability may substitute parental authority be exercised by the surviving grandparent. (Art 63) The court shall take into account all relevant considerations. 3. and preservation. *In case of foundlings. over 21 years old. abandoned neglected or abused children and other children similarly situated. 176. In case of separation of parents. guardianship. to care for the in sickness and health. unless unfit or unqualified. the one designated by the court (pursuant to considerations in Art. The surviving grandparent. adoption. moral. parental authority shall be entrusted in summary judicial proceedings to heads of children's homes. ABSENCE. PARENTAL AUTHORITY INCLUDES: 1. over 21 years old. or social obligation. TOLENTINO: Illegitimate children are under the parental authority of the mother (Art. o with a communicable disease that might endanger the life or health of the child. (Art. (Art. unless the court finds compelling reasons to order otherwise. Remarriage shall not affect the parental authority over the children. then he is under the parental authority of such adopter. OR SEPARATION OF PARENTS? In case one parent is absent or already dead. The individual. to obey their parents as long as they are under their parental authority. and do whatever may be necessary for their care. TOLENTINO: If the child is adopted by only one spouse. TENDER YEARS PRESUMPTION: NO child under 7 years of age shall be separated from the mother. FC) shall exercise substitute parental authority. (Art. to that of the father. unless unfit or unqualified. 216). absence. *Other responsibilities of children may be found in Art 4. the caring for and rearing of children for civic consciousness and efficiency. 218): 1. o or is maltreating the child.) WHY FATHER’S DECISION? Based on tradition. mental and physical character and well-being of said children PARENTAL AUTHORITY MAY ONLY BE WAIVED IN CASES OF: 1. to always observe and respect reverence toward their parents 2. of PD 603 (Child and Youth Welfare Code) TOLENTINO: The duty to honor the parents does not mean that children are to be deprived of the exercise of any right or prevented from fulfilling any legal.
raised in an atmosphere of morality and rectitude 10. and provide them with moral and spiritual guidance.357 CC) 1. Special Parental Authority It is exercised concurrently with the parental authority of the parents and rest on the theory that while the child is in the custody of the person exercising special parental authority. and world peace EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILD (ART. and principles of democracy 10. obey and honor his parents or guardian 2. RIGHTS AND DUTIES OF PARENTS RIGHTS OF PARENTS UPON THEIR CHILDREN (ART. donation propter nuptias. cooperate with the family in matters for his own good (ART. it is not exercised by the parents of parental authority over the minor children. proper medical attention. the law. help in observance of human rights. moral. unless there is judicial order to the contrary If the market value of the property or the annual income of the child exceeds P50. the parent is required to furnish a bond of not less than 10% of the value of the child’s property or income GROUNDS FOR SUSPENSION OF PARENTAL AUTHORITY (ART. and for civil liability for crimes committed by them give their lawful inheritance RIGHTS OF CHILDREN (ART. right to a balanced diet. 231): 1. respect his parents and cooperate with them in strengthening the family 7. exert his utmost for his education and training 4. Conviction of parent for crime without civil interdiction 2. assistance and protection of the State 14. pre-nuptial. duly constituted authorities. 220): support and upbringing in accordance to their means educate. and love and understanding defend them against unlawful aggression answer for damages caused by their fault or negligence. instruct. right to a wholesome family life 7.Substitute Parental Authority It is exercised in case of death.356 CC) 1. right to a well-rounded development 8. right to an efficient and honest government 15. to be born well 6. receive at least elementary education 3. 220): to have them in their custody to represent them in all matters affecting their interests demand respect and obedience and impose discipline on them administer their property and income to support the child and the family to give or withhold consent on marriage.4 PD603) 5.000. right to the care. participate actively in civic affairs for his development 11. right to grow up as a free individual DUTIES OF CHILDREN (ART. strengthen freedom everywhere. Treats child with excessive harassment and cruelty . adequate clothing.3 PD603) 5. the father’s decision shall prevail. the parents temporarily relinquish parental authority over the child to the latter A. parental care 2. strive to live an upright and virtuous life 6. absence. protection against exploitation and other bad influences 13. our customs and traditions. and all basic physical requirements of a healthy life 9. shelter. or if unsuitability of parents. respect elders. respect old relatives and persons holding substitute parental authority 3. extend his love to his brothers and sisters 8. and intellectual development (ART. 225): The Father and Mother shall jointly exercise legal guardianship over the property of the minor child without court appointment In case of disagreement. education commensurate to his abilities 11. full opportunities for a safe and wholesome recreation 12. exert his utmost to develop his potentials 9. obey. the memory of our heroes. live in an atmosphere conducive to his physical. adoption. and employment to disinherit them for just cause DUTIES OF PARENTS UPON THEIR CHILDREN (ART. Hence. be given moral and civil training by parents or guardian 4. love.
counsel or example Compels child to beg Subjects or allows acts of lasciviousness PARENTAL AUTHORITY TERMINATES(ART. Death of parents 2. .3. 228): 1. 4. Death of child 3. 5. he shall be permanently deprived of parental authority. Emancipation of child If the parents exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse. Gives corrupting orders.
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