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CA : Change name from Romel to Mel (after surgery, became a woman). But before he could marry, have to present birth certificate. So he wanted to change Romel to Mel and male to female. SC denied. Sex at the time of birth is immutable. It can’t change. There is no law allowing application for change. Republic v. Cagandahan : Change name from Jennifer to Jeff. Congenital Adrenal Hyperplasia. Had 2 organs (male and female). Growing up a woman. But didn’t have her period, no female hormones, no boobs. Didn’t want surgery. Believed herself to be a man. SC: since extraordinary case, we will follow what she/he thinks. Duncan v. Glaxo: Duncan signed employment contract. If you have relationship with EE from competitive firm, must resign. Duncan was gonna marry someone with same job description from competitive firm. Boss said they’d transfer him from MM to Agusan instead. Duncan assailed the contract as violation of his consti right. SC: No it doesn’t! Doesn’t absolutely prohibit to marry. If you wanna marry, leave company. Reasonable connection between the relationship and the business. Transfer of trade secrets, formula, etc. Even consti provides that private enterprise should be encouraged. Star Paper v. Simbol: Same facts as Duncan. Prohibition from having relationship by affinity WITHIN the same corp. SC: no reasonable connection b/w the objective and means. When did marriage take place? Before or after Aug 3, 1988? (Family Code) Nina v. ? If you are to get married, need a marriage license. Exemption? Living for more than 5y w/o benefit of marriage. So when should you not have any legal impediment? All throughout or just 1950 Civ Code – must have the legal impediment throughout the 5y period. Family Code – legal impediment need not be throughout the entire 5y period but should only be lacking at the time of the celebration Jan 1, 1992 – mayor given authority to solemnize marriage Dec. 1989 – age of majority lowered Aug 3, 1988 – when the family code took effect
Jan 1968, married the twin. Mistake in identity? Is it void? No. bec it was celebrated 1960. Mistake in identity not ground for nullity, just annulment. Today – mistake in identity ground for declaration of nullity. Articles 2, 3 Min requirement: must exist only at the time of the marriage ceremony. Marriage license issued when 17y. celebrated when 18. Valid What is legal capacity for purpose of marriage? A (Art. 5) a. not below 18y, not incestuous, not bigamous b. not against public policy c. not below 18y, not psychological incapacity, not w/o marriage license d. not below 18y, not w/o autho of solemnizing officer, not w/o marriage ceremony Is proxy marriage valid in Phil? A a. no bec no marriage ceremony b. no bec absence of marriage license c. no bec absence of autho of solemnizing officer requisite autho of solemnizing officer. The marriage license is void if: B a. no publication if publication is required b. no signature of the local civil registrar where the signature is required c. no obtained jurisdiction if Min req of a valid marriage license? (all must concur. Everything else is a mere irregularity which will not void/invalidate the marriage license) 1. Alcantara v. Alcantara. Issued by the local civil registrar 2. Effectivity only for 120 days 3. Implementable all over the Phil - If pub is reqd and no pub, still valid - If marriage license was obtained in Imus where both live in SJ, valid. Issuance of a marriage license is: B a. delivery b. signing of the local civil registrar
can REFUSE to issue the marriage license. only person who can solemnize is only ship captain or airplane chief. marriage solemnized under traffic lights in crossing. not valid here bec against pub policy c. GF called pilot. Wanted to get married. E: one of them is a foreigner. both 15y. valid bec it is merely an irregularity . void bec no marriage ceremony c.c. no duty to investigate qulif c. Not issue marriace license c. archive marriage license GR: LCR must issue ML regardless of any impediment known to him. The marriage is: C a. Marriage is: C a. If wrong venue but within his jd. Foreigner wants to get married here. valid bec celebrated before in foreign soil A & B BF GF on a plane going to Davao. But vice mayor can solemnize if mayor incapacitated. Assistant not allowed. consent must be freely given in front of solemnizing officer 2. registration of the marriage license in the book of marriages Proxy marriage isn’t allowed in the Phil bec 1. 2 witnesses Common law marriage solemnized in England where it was valid.s a judge. valid here bec valid abroad b. marriage ceremony violated 3. of legal capacity being given by foreigner. just irregularity. is mandated by law not to solemnize the marriage e. duty to come up with affidavit and inform autho d. bec phil consul. But captain fainted. solemnizing officer: E a. b. can only solemnize marriages between pinoys. C a. not duty bound to issue the marriage license if there’s a legal impediment a. If he doesn’t. void bec marriage license is void b. gen consul. not mandated to investigated the qualifications of the parties c. valid bec there was a ceremony d. Is marriage valid? No. Local civil registrar. Assistant pilot solemnized bec he took over. Can consul. has a duty to investigate qualify b. etc refers only to venue NOT jurisdiction of judge. void bec foreigner has no legal capacity c. not valid here bec phil law only recognized civil marriages d. the LCR. duty bound only to issue the marriage license d. vice consul. issue but annotate in app. valid. void bec solemnizing officer has no autho b. valid bec it is not illegal chambers. Foreigner must provide LCR with a certificate of legal capacity. mandated to investigated the qualifications of the parties b. can solemnize the marriage without investigation Local civil registrar: A a. If autho of solemnizing officer. The marriage license was issued w/o certif. must be incumbent and in his jd. suspend marriage license d. solemnize? No. if he. Only way for him not to issue the ML is when he is stopped by the court. A&B. Solemnizing officer was presented a marrige license by A&B.
They separated. Republic v. A filed case for psychological incapacity to have it declared void. Just an irregularity. Marriages among mulsims. Dayot (540 SCRA 435): 30 mins na lang 5y na. 26. What’s impt is that there is no means of transpo. GR: Must solemnizing officer investigate qualification of parties? No. Marriage license Chapter 2 excepts u only from the marriage license. issuance 2. annulment 2. solemnizing officer. Sanchez: Diff in Family Code. bec art 15 of CC provides status etc. who can solemnize w/o marriage license? All of them. 5y Cohabitation without legal impediment linuel v bayatoc? must exist throughout entire 5y period. but there’s means of transpo. All other essential and formal req must be present. Divorce is a. governed by Family Code everywhere he goes. 2008 --------GR: essential and formal req. only at the time of the marriage. members of ethnic group Shariah law. 2. Manzano v. Filed case in Phil. already American who procured divroce. Now. Divorce invalid Pinoy became American then got a divorce. all over Phil Art. valid bec the national law of the foreigner will apply 3 min req for ML: 1. can rely on face value of marriage license which presupposed that local civil registrar investigated already E: far away. 5y period can’t be subject to substantial compliance . not recog bec no court recog in phil d. recognized in Phil bec pinoy is American at time of divroce b.d. and solemnizes? Still valid. Incumbent upon solemnizing officer to investigate. he’s exempted not just from marriage license but from all req provided it’s specifically provided in Shariah law. recognized in phil bec obtained in America c. Foreigner obtains divorce. not recog in phil bec we don’t believ in absolute divroce recognition of foreign judgment. absence. void E: 1. nullity 3. But if he doesn’t investigate. Marriages solemnized abroad valid here if valid there EXCEPT if 36. not exempted. Ground for psyholocial incapacity not based on ethnic or cultural bacground btu universal disorder. Obtained divorced then became American. Only 3 ways to terminate marriage while alive: 1. if a muslim gets married and he complies with all his customs and tradition based on the Koran. When should foreigner be a foreigner? At time of marriage/divorce? At the time of divorce! Pinoy married Pinay. Even if far. Married in Japan. But this is based on 1950 Civil Code. Valid. affidavit of reappearance except art. When must all essential and formal req exist? Time of the marriage ceremony. 120 3. At time of divorce in America. That provision was deleted. Is absolute divorce valid as a GR valid here? No. Alcantara A married B (Japanese). Far away areas. With respect to articulo mortis. 26 Alcantara v. Payot v CA 570 scra. nov 7.
u need a judicial declaration of nullity (you must file a case precisely for that purpose) 2. De Castro v. Should at least be those indicated in Art. Except psychological incapacity. In support case. Splitting a cause of action. 25. Te: Halili v. - Only those expressly provided by law. (May 2009) Te v. 26. Malion: 1st case. It’s a substantial defect. 2nd case. Purpose is Malion v. Then there is absence of GF. Halili: (June 2009) 1. As long as credible. judicial declartion of presumptive death can a marriage be collaterally attacked? Yes. (judicial declaration of presumptive death) BF/GF immaterial in determining validity of marriage 1. De Castro Void Marriages 1. Dependent personality disorder. 37 38. solemnizing officer 2.If you falsify that affidavit. bigamous - Good Faith Marriage If 1 or both are in GF. Objective: I married my sister. 53 Can’t infer a void marriage. 40. underage. 2 cases where you must first directly attack: Ascueta v. if the 1st marriage is void. Psychological incapacity must rise to the level of a psychological disorder o If make a distinction between ignorance of the law and mistake of fact. declared the marriage void. Can’t be subject to estoppel or acquiescence. If you don’t make the recordings. Proper. 7. denied. Threshold: doubt. and yet you pursue your marriage. Narcissitic personality disorder. Mistake in Identity physical identity. it’s void Art 36 - clinical and medical identify juridical antecedence gravity incurability don’t have to be personally eamined. You doubted the person has authority. Barred. 44. 41. and u want to remarry. subsequently remarry. Only applies to mistake of fact. psychological incapacity. bigamous but valid. You can’t ratify a void marriage. 4. De Castro (545 SCRA 162). They all have an objective standard. filed for lack of marriage license. Estoppel. Can’t deduce it from the circumstances. it’s wrong. 2 Schools of Thought. For sir. 41. Donation propter nuptias. Is there absence of GF? Not necessarily BF. Those falling under Art. not just an irregularity. Ascueta: Must rise to the level of a psychological disorder. no marriage license. Mistake of fact = lacking one of the elements - Appearing as a judge but only notary public. chin and choy . 1st cousin. Must first file a case to declare it void before u can revoke. Good faith situation Are all bigamous marriages void? No.
Church decisions are persuasive. A pinoy obtains divorce. there must be no bonum conjugum. PI.. incognixant of essential marital oblig. disappears. anotnio v reyes – pathological liar 3. Repliubic: if no marriage license. Dacanay. CA: A&B married. Even if you’re the psychologically incapacitated/deceiver. the case must be dismissed. BF doesn’t exist. married X. For there to be P. Fr. there is no existing marriage license with that number/can’t be found bec of our lack of manpower to look for it” => not enough. Just bec performing essential maritagl oblig of support. donation propter nuptias is valid eventho the marriage is terminated . It is not matimonium in fiel but matrimonium in facto. the ONLY acceptable evid for purposes of remarriage is a judicial declaration of nullity Art 41 A&B married. while he may know. Can’t award moral damages if there’s absence of BF. So if the case is pending in court and 1 of the parties die. halii In a void marriage. Marriages Against Public Policy (Art. any one of the parties can file. he cannot live it. A left the house. Te v. Can X intervene in? no.2. 38) Adopted child and father of adopted? Y. 40 when you want to prove a void marriage. subtract Perez v. Cohabitaion not enough. ML. ML doesn’t exist (best evid) o Sevilla v. principal parties H&W. can’t be found. bigamous? 2 marriage contract of 1 person being married to 2 underage? Brith certif. A filed case against B.I. Te. te 4. Declaration of nullity of marriage can only be filed while both parties are living. Step brother and step sister? Y. exemplary. o o Can’t determine bec LCR was flooded => not enough Definitive categorical statement that it doesn’t exist. Moral. Absolute nullity of a previous marriage may be invoked for remarriage Art. Cohabitaion as H&W. Following persuasive of Catholic jurisprudence. vessel must be LATE Affidavit of reappearance terminates not voids the marriage Here. Art. isn’t enough to negate PI if other martital obligations aren’t complied with. the plane must be lost. Action/defense for declaration of nullity = imprescribtible Declaration of nullity can only be filed by H/W. Filed case to declare marriage null and void. Mere knowledge doesn’t necessarily negate psychological incapacity. best evid is the certif. A appealed to SC not on PI but in awarding B moral damages of P1M bec according to court you are PI yet still married. At the same time it is possible. of local civ reg that after earnest efforts. o Carino v. Doctrine of unclean hands inapplicable here. 40 one species of evid to prove a void marriage is a decision of the court. Sailor slipped and fell off. attys fees cant be awarded in a winning case for PI. not a 3rd party. 4y bec for the 1st exception to apply. ascueta 5. While a person may know that essential marital obligation. Gardenes: “after earnest efforts. Court determines there is PI. For purposes of remarriage.. X intervene.
. No choice except to say yes must be an illegal threat Told future husband. Concealment of STD REGARDLESS of its nature Ground must not be homosexuality. Can’t be ratified Ratification diff from prescriptive period - Declaration of nullity of marriage. 2. In legal separation. no default. Fiscal wasn’t included. do u deliver the presumptive legitime? Yes. A said majority of children want to go with him so the house is his. Villanueva v. liquidation. EXCEPT: Art 40. SC: B! Marriage is void. 4.qualif in latter part of each ground. So you get married. no conjugal. 2. Void ab initio and annulled by final judgment. Sin: Annulment can be ratified only operative act of ratification => free cohabitation 18 w/o consent gets married. bec ur not pregnant. she must be pregnant.But if donee acted in BF. In an annullable marriage. Bec there is no CPG/ACP. No judgment on the pleadings in annulment. Must be overwhelming. It must be corrupt Sin v. was threatened by Caselso (NPA). 3. of 43 apply in proper cases to 40 (subsequent void marriage if he doesn’t get the judicial declaration) & 45 (voidable and annullable) Ex. Except in 5. when should there be partition. Collusion - Fabricating of a ground. Generally. 5 of 43. but concealment. there’s no absolute. The Spaced out Alcazar v. concealment. ACP/CPG => Art. What’s the liquidation process? 45. 2. CA: She claims there was intimidation because when she got married. revoked by operation of law Only way the subsequent marriage may be voided is if both parties are in BF convinced that deprivation of will total. 3. 51. etc? Annulment. Free cohabitation below 21 will NOT ratify Sane freely cohabited with insane. undue influence depends on situation no more freedom of choice. and making use of that fabricated ground to facilitate an annulment/legal separation Mere agreement isn’t collusion. Can be annulled. Buenaventura v. Not fraud contemplated by law. Valdez Doctrine. Alcazar Force. Is there fraud? No. 4. Parties enter into an agreement re: division of property. Nullified bec of psychological incapacity. Bec of the Valdez doctrine. An annullable marriage is valid until the time it is terminated. CA: Art. there is no CPG/ACP. 4. Void marriages? It depends. Makilan v. Ratification? No. SC said in a void marriage. What’s impt for him is the very essence of marriage. told before marriage. Confession of judgment? Yes. art 50&51 are irrelevant except in 1 exceptional void marriage. In void marriage. and it is his child. Makilan: SC: not fiscal’s business. Can she? No. should u deliver the presumptive legitime? No. 5. u are pregnant. subsequent void marriage will be liquidated as if there is ACP/CPG. 6. only the unsound mind can ratify. No summary pro. Court not . 50. When she reaches 21. AIDS. intimidation. annuls the marriage. #5 of 102 says the presumptive legitime will be delivered in accordance with art. Can have partial advanced liquidation of prop Psychologically incapacitated. 1. 3. 2. A&B married. 102. How then will it be liquidated? Ordinary rules of coownership in CC. B said sell and split proceeds. The case continues.
conjugal dwelling distrib in accordance with 102. - Any personal undertaking by a spouse.The administration and enjoyment of the community property shall belong to both spouses jointly. A bought a mansion then married X. ¶ 2. In case of disagreement. But if the ticket was given to me. can’t be presumed benefit for family since it is only indirect. separated in fact. In partition as a result of final judgment of 40. declared void. But if the marriage is annulled. In ordinary co-ownership. can sell your interest. Not if 1 incurs with consent of the other Designated administrator must be designated in the marriage settlement. In the liquid of assets. paralysis. Separate property. co-ownership. Administrative. Winnings – separate. can’t do that bec it’s merely inchoate. Separated 1995. CA: Capacitated spouse shall be sole admin. Antonio v. 92 (3)) - . another in Ilocos. what will be forfeited is the share of the party in BF. delivery of presumptive legitimes. encumbrance. ACP liable for… If it didn’t redound to benefit of family. distrib. 2010 How is ACP as a co-ownership differ from an ordinary co-ownership? Insofar as interest of wife is concerned on one hand. problematic. P 475. Gratuitous title. No presumption of benefit to the family. 572: if it is a void marriage. Fruits as well as income thereof. Must ALWAYS be proven. and interest of co-owner on other hand? 1. vacant share should be for the surviving descendants. Marriage terminated/annulled. there’s a child in that marriage. If doesn’t want to participate. ART 99 The AC terminates upon the death of the spouse. GUARDIANSHIP proceeding to assume sole powers of admin. Forfeited in favor of their common children. will the house be included? No. ACP. interest is merely inchoate. as a GR. 2043 147. SUMMARY in nature. there is alienation. But diba no ACP/CPG? Declared void ONLY in subsequent marriage. In the absence of all klasdfdjdl ABSENT August 24. CA: Asawa in Mindanao. Ownership. 147. disposition. partition. Enjoyment and Disposition of the Community Property . Wife buys house 1997. like making himself surety/guaranty for another person. In ACP. Art 51. p. In ordinary co-ownership. It’s considered income. Status of child will determine property regime. 1 is capacitated. But if incapacity is absence of mental faculty like comatose. 42. Mansion is separate prop (Art. 45. interest is real/vested. UNLESS being surety/guarantor is his profession. “When only one of the parties to a void marriage is in GF”. - Uy v. children of guilty spouse. Need court order. the husband's decision shall prevail. Judicial declaration of nullity 2000. After all. In case of default/waiver of all common children/descendants. will that house be included? Yes. when there is a decree of legal separation. winnings are separate bec it is income. can there be cases when ACP can still be liable? If both spouses incur it. All winnings. subject to recourse to the court by the wife => annullable contract. In ACP. when annulled. Marriage terminated bec psychologically incapacitated. in said partition. As a result of partition. Falls under “unable to participate in admin”. Married 1990.final judgment in 40 & 45 shall provide the liquid. only prop acquired b/w 1990-1995. other incapacitated. transaction is 2.
either of them may be sued for the whole amount. (Art. 2nd rule of thumb. gratuities. Eclar. CONJUGAL property. de yasi: judgment by way of compromise has become final and executory. No liquidation/partition/distribution. Hence. 1. de Guzman: In a CPG. 52. Annulled. - Eclar v. Separate. Heirs of Quirino de Guzman: When the spouses are sued for the enforcement of oblig entered into by them. Abad Santos v. annuities. Retirement benefits. become a principal. Similar in the sense that any one of them may be sued. - Void here only refers to subsequent void Remember Valdez Separation in Fact - - Abandonment diff from separation in fact o Separated in fact: all those of ACP still apply EXCEPT: Spouse who leaves conjugal home or refuses to live therein without just cause has no right to support • Regardless of who is guilty. Similar to that of solidary liability although the amount is chargeable against the CPG. if there is absolutely no knowledge. Nullity/annulment: Marriage void. Conjugal bec it is yours as a matter of right Gave a talk and they gave you a gift. d/e/a totally void. The fact that creditors were not notifed will not invalidate such a judgment.totally void. what is the property regime? Co-ownership bec subsequent marriage is void. A partner is a co-owner of conjugal property. there is alienation. it will apply. Property regime complete separation CONJUGAL PARTNERSHIP OF GAINS Suppletory Law: 1. Auditor General. contract is annullable at the instance of the wife. Death: Marriage valid. The law provides that if you are a schoolteacher for so many years. encumbrance. If there is knowledge but with objection. disposition. Machilan. CPG – partnership WHAT IF THEY WERE not notifed De ugalde v. pensions. ACP – co-ownership 2. usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case => Rule of thumb? 1. they are being impleaded in their capacity as rep of CPG and not as independent debtors. 53) If terminated by death. A married X. can 1 of the spouses file a case of ejectment of a lessee on conjugal property? Yes. May separately bring an action for the recovery. complete separation. Can’t demand it 2. MIGHT COME OUT IN FINALS Can ask for reimbursement even if there’s no liquidation yet A&B married. Honorarium. Has the force and effect of any other judgment Machilan v. Continuing offer But both capacitated. . Property regime coownership 2. entitled to pension for the rest of your life of P1k/month. But not similar bec ur actually getting not from the separate property but on the CPG. Termination of Absolute Community Regime Carandang v. When it is yours as a matter of right. Sourcing of benefits Caramdam v.
there will be a presumption of joint work. Vasquez: certificate of live birth signed by the father. if there’s no evidence. It can never be presumed. 2010 Proof of Filiation Salaries and Wages: surely co-owned Anything obtained through work and industry: surely co-owned If no proof. 1st paragraph (1&2) are self-executing. - When a man/woman are capacitated (Art. 2010 147 In annullable marriage. A is in BF. GF/BF immaterial in marriage except: solemnizing officer & GF/BF material in disposition of properties. Person in BF will not receive a single centavo. B didn’t know. No need to file any further action for acknowledgment . 147/148. The statement of a mother August 26. It’s not even presumed. presumed co-owned. and bought property. Bec CPG protected by parties in Read Borromeo -special proceedings. A using his salary. bought a jeep. Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common. Prescrip period? No. there could be no presumption (unlike ACP/CPG) If 1 contributes money. joint industry. Here. the other contributes to management of HH. if acquired while living together. the status of the child becomes fixed and can’t be questioned anymore. If you were separated. oops after the lapse of the prescrip period. It is extraneous to their legal capacity) Authority of the solemnizing officer First cousins Live in but you and your concubine - You can’t talk of a co-ownership. not capital. Condition sinequanon: actual proof of joint contribution. A knew B was his 1st cousin. legal sep. Child must have come out of the mother. 5) to marry each other o Not refer to psychological incapacity Not apply in case of 1 exceptional void marriage: 40. Only properties that will be split in half are those acquired while u are living together. Forfeited in favor of common children/children of guilty spouse/innocent party - Montefalcon v. 38 Bigamy Live in but adulterous - Got married w/o marriage license (since it doesn’t go into the capacity of the parties. if acquired while living together.August 25. until after the termination of their cohabitation. material - A&B married. A lived in with X. Jeep owned by: A&B. no ACP/CPG. forfeit only share in net profit. Unlike in 147. without the consent of the other. affidavit of termination – diff In void marriage. At time of marriage. 148 Less than 18y old Marrying under 37.
Illegit child shall be: A a. Miguel: an illegit is under the parental autho SOLELY of the mother. CA: Can a legitimate child use the surname of the mother? A legit child shall principally use the surname of the father. NO qualification. Not withstanding this recognition by the father. Parental autho of mother only b.corroborative proof of filiation (means u should have some other proof) - Parental autho over illegit? Mother. 2. Illegit. Carulasan v. may have parental authority. it’s enough. Parental of autho of father if he recognizes. regardless. For sir. But if there is a compelling reason. - . Parental autho of father and mother if common child d. take care of yourself. - - - - Father to impugn legitimacy. Legitimation may be ipmuged only by those prejudiced in their rights 5y from the time the cause of action accrues => from the death of the parents Provided August 31. petitioners. Dear Sweetheart. Petition to prove non-filiation Art 177 amended! Children conceived outside wedlock at the time of conception of the former had no legal impediment.- Lim v. can only use them while the alleged father is alive 176 has been amended. he can use the surname of the mother - Illegitimate Children - Those conceived and born… Same proof of filiation. Maglayas: Birth certificate unsigned by father. 1. Parental autho of father and mother c. (RA 9853?) A&B sweethearts. conceived a child. Love. Father may impugn the legitimacy. For legitimate. if purely handwritten. Common children – legit/illegit. duly signed by the father.9% . father if he acknowledges. But in case of the 2nd ¶. (handwritten) => valid handwritten instrument! Though loosely made. Angeles v. who are would be adopters. ABANDONED by Briones v. 2010 ADOPTION adoption of child still to be born is void psychological testing mandatory Only adopted can rescind (not adopter) Criminalizes non-observance of adoption laws Today. 211. if impediment bec less than 18. may be legitimated. Can be legitimated if tehre’s a subsequent valid marriage. 3.9% match – refutable proof of filiation below 99. and there’s an acknowledgment. lifetime. regular courts not family court. the child in the womb is our precious baby. CA: A person wrote somebody. wedding picture showing dad gave her hand in marriage => not enough to prove relationship! Probative value of DNA testing: o o o No DNA match – conclusive proof of non-filiation 99. May impugn filiation during his lifetime. can file in - Can a father file a case for petition to claim filiation? The action to claim legitimacy may only be brought by the child. wrong decision. future dad. less than 18. However illegitimate children shall have the right to use the surname of the father if he acknowledges… (look at book) - Acknowledgement doesn’t mean father is estopped from impugining the filiation of the child.
declaration of abandonment can be filed by the parties themselves in the same proceeding o Before.that case simultaneously petition to declare the child as abandoned. VOID. guardianship. With specific instruction to not allow father to have custody Children below 7y were given to the father for compelling reasons. No more distinction as to the amount of support. If there’s another witness. Parental Authority - In re: Stephanie: An illegit adopted child can use the surname of her mother as her middle name RA 9523: Adoption has 2 phases: o Administrative – at the end point is the declaration that the child is legally available for adoption. only up to grandparents and grandchildren. can give it to the father Briones v. Can be compelled if not indispensible. - Support Lose parental autho when u reach 18. all the way Mangonon v. SC didn’t recognize decision of US court. Dacasin: Any agreement executed anywhere providing for joint custody b/w separated father and mother over child below 7. But even if woman is a prosti. 194. common carrier - in illegit line. If there are compelling reasons. A child where parental autho has already been terminated. Can illegit demand to study in Ateneo? Yes. - 206. knowing his wife was inside the house September 1. Crime by husband against her sister in law. CA: support in arrears can be claimed. But it shall not be paid except fromt eh time of deman. 207 – quasi contracts. Can testify but can’t be compelled (against parents and grandparents). this one 2. When that is reached. NO MORE! Flexible criteria is paramount interest. can’t remove a child below 7y from her. commitment. The ff are obliged to support each other to the whole extent set forth in the preceding article o Legit studies in Ateneo. Mother went abroad so kids were with custody of mother were given to grandparents for temporary. Miguel: mother of illegit shall be the only one who has parental autho over illegit children regardless of recognition of father Dacasin v. Judicial phase – abroad. CA: Parental autho can’t be renounced except: adoption. 2010 - o - Parental Authority: all legal ties are cut - Intercountry Adoption - Admin phase – Phil. - - - Hierarchy not mandatory 218 – people w special parental autho 2 cases in civil law where negligence is presumed: 1. is he entitled to be supported? Art. Legit. can file a case for adoption proper Judicial - Santos v. Mom had loose moral character. and change of name. Even beyond the age of majority. Allowed children to see her being kissed by other men. not indisipensible. Independent civil case to declare child as abandoned by DSWD person entitled to the same needs it. adoption proper. Oblig to give support shall be demandable from the time the .
Miguel: mom has sole parental autho regardless of whether the father acknowledges it as his .just prove those facts and the presumption will arise 221 – vicarious liability can an illegit father have vicarious liability? No. Briones v.
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