You are on page 1of 4

THE FAMILY CODE OF THE PHILIPPINES - OUTLINE -- WEL -I. The Family Code a. Introduction b. Effectivity Date c.

Retroactivity Marriage a. Video about Marriage - Wel b. Definition of Marriage c. Contracting Parties i. Who may contract marriage ii. Who may NOT contract marriage 1. Article 37 Incestuous marriages 2. Article 38 By reason of public policy d. Requisites i. Essential Requisites 1. Legal Capacity a. Definition b. Who are legally capacitated 2. Consent a. Definition b. Who may give consent c. When is consent given ii. Formal Requisites 1. Authority of the solemnizing officer a. Who is an authorized solemnizing officer Article 7, 31 and 32 (Include instances of articulo mortis) 2. Valid marriage license a. Who shall issue a marriage license Article 9 b. When is a marriage license required Article 11 c. When is a marriage license not required Article 27 to 34 d. Validity of a marriage license Article 20 e. In cases when one of the parties is a foreigner Art 21 f. Attach a photo of a marriage license 3. Marriage Ceremony Article 2 (3) e. Void Marriages i. Definition ii. Kinds of Void Marriage 1. Absence of Formal/ Essential Requisite (Memory Aid, 374) 2. Psychological Incapacity a. Requisites 3. Incestuous Marriages 4. Contrary to Public Policy a. Who cannot marry b. Who CAN NOW marry f. Voidable Marriages i. Definition ii. Grounds iii. Action for Annulment (Memory Aid, 380) iv. Effects of Nullity -- PAO -g. Legal Separation i. Definition ii. Exclusive Grounds for Legal Separation iii. Grounds for Denial of Petition iv. Effects of Filing a Petition v. Reconciliation of legally separated spouses vi. Effects of reconciliation h. Rights and Obligations Between Husband and Wife (Article 68 73) i. Property Relations Between Husband and Wife


-- ZEN --

i. Governing Factors Article 74 1. By Marriage Settlement a. Definition of Marriage Settlement b. Marriage Settlement as a contract c. Requisites for a Marriage Settlement 2. By the provisions of this Code 3. By the local custom ii. Donations by Reason of Marriage Article 82 to 87 1. Definition Article 82 2. Requisites for a valid donation propter nuptias (522, Paras) 3. Revocation of donation by the donor Article 86 -- RICK -iii. System of Absolute Community 1. General Provisions Article 88 89 2. What Constitutes Community Property Article 91 93 3. Charges and Obligations of the Absolute Community a. Liabilities b. Rules on winnings/ losses in game of chance or gambling 4. Ownership, Administrative, Enjoyment, and Disposition of Absolute Community Article 96 98 5. Dissolution of Absolute Community Regime a. In what cases are the absolute community terminated? Article 99 b. Cases when separation in fact of H&W affects the absolute community Article 100 c. Effects of Abandonment without just cause Art 101 6. Liquidation of the Absolute Community Assets and Liabilities Article 102 103 -- LORENZ -iv. Conjugal Partnership of Gains 1. General Provisions Article 105 to 108 a. Definition of Conjugal Partnership b. Duration of Conjugal Partnership c. Distinction of Conjugal Partnership from Ordinary Partnership (There is a table of comparison on page 544 of Paras, might as well use it for the presentation) d. Properties Covered by Conjugal Partnership 2. Exclusive Property of Each Spouse Article 109 a. Kinds of Separate Property i. Property by Direct Acquisition (par 1 & 2) ii. Property by Substitution 3. Conjugal Partnership Property Article 116 to 120 a. What consists of conjugal partnership properties? b. What are those that do not fall under conjugal partnership properties? 4. Charges Upon and Obligations of the Conjugal Partnership a. Liabilities (Article 121 to 123) -- EMMAN -5. 6. 7. 8. Administration of the Conjugal Partnership Property (JOINT) Dissolution of Conjugal Partnership Regime a. Reasons for dissolution/ termination Article 126 Liquidation Article 129 to 133 a. Procedures for liquidation b. Termination of marriage by death Separation of Property and Administration of Common Property Article 134 to 142 a. Causes for judicial separation of property Art 135 b. Revive property regime that existed between H&W before separation of property Art 141 c. Transfer of exclusive property to other spouse Art 142

9. -- REI -III.

Property Regime of Unions without Marriage Art 146 148


The Family and Family Home a. Definition of Family Article 149 b. The Family Home i. Definition ii. Beneficiaries of a family home Article 154 iii. Exception to the exemption from execution, forced sale or attachment of family home Article 155 Paternity and Filiation a. Definition of Paternity b. Filiation i. Definition 1. By nature (legitimate and illegitimate) 2. By adoption ii. Proof of Filiation 1. General Rule 2. Exceptions c. Distinction between paternity and filiation (Use the table in the book) d. Legitimate Children include definition based on Article 164 e. Illegitimate Children include definition based on Article 175 f. Distinction between legitimate and illegitimate children (See Memory Aid page 400; or you can do an entirely different comparison, up to you) i. Rights ii. Use of surname iii. Succession rights iv. Parental Authority v. Support g. Legitimated Children - Article 177 to 182 i. Definition ii. Requisites iii. Effects of legitimation

-- POL AND PAT -V. Adoption a. Definition b. Nature of adoption c. Domestic Adoption Act of 1998 (RA No. 8552) i. Who may adopt and their requirements Section 7 1. Filipino citizen 2. Alien 3. Guardian ii. Rules on adoption 1. General rule joint adoption 2. Exception iii. Who may be adopted Section 8 iv. Effects of adoption (Do a chart/ table) 1. Parental authority 2. Legitimacy 3. Succession v. Rescission of Adoption RA No. 8552, Art VI, Sec 19 - 20 1. Grounds for rescission 2. Effects of rescission Support a. Definition b. Kinds of support c. Persons Obliged to Support Each Other Article 195 d. Order of Liability Article 199 e. Support from a Stranger


-- GERALD -VII. Parental Authority a. General Provisions i. Definition ii. Parental Preference Rule iii. Rules 1. In case of death of parent (Art 212) 2. In case of separation of parents (Art 213) 3. In case of absence, death, or unsuitability of parents (Art 214) 4. Cant be compelled to testify (Article 215) b. Substitute Parental Authority i. Order of persons who can exercise parental authority Article 216 ii. Rules - Art 217 1. In case of foundling 2. In case of abandoned child 3. In case of neglected child 4. In case of abused child iii. Who shall the parental authority be entrusted c. Special Parental Authority Article 218 and 219 d. Difference between Substitute and Special Parental Authority (in a table) e. Effects of Parental Authority i. Upon the person of the children ii. Upon the property of the children f. Suspension and Termination i. Grounds for Suspension ii. Grounds for Termination (See Memory Aid, page 417) 1. Permanent 2. Temporary

-- LESTER -VIII. IX. X. Emancipation a. Definition Article 234 as amended by RA 6809 b. Effect of emancipation Funerals a. General guidelines Use of Surnames a. See table on Memory Aid, page 419 b. Rules on the surname of a married women c. Identity of names and surnames Absence a. Definition b. Stages of Absence i. Provisional ii. Declared iii. Presumptive Death iv. Extraordinary circumstance Civil Register