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Art. 2: Laws shall take effect 15 - Civil code took effect on August 30, 1950 days following the completion - EO 200 was issued by President Aquino on June 1987 which of their publication provided that pursuant to the ruling in Tañada v. Tuvera publication need not be made in the Official Gazette, considering its erratic release and limited readership. - Newspapers for general circulation could better perform the function of communicating the laws to the people—more available, wider circulation, comes out regularly. - If a statute does not provide for its effectivity, it will only take effect 15days after the completion of its publication. (No one shall be charged under the statute until the completion of the publication.) - Statutes may provide for another number of days for publication. The statement “unless otherwise provided” refers only to the 15 days (which can be changed to a different number) and not the requirement of publication. —Publication is indispensable. Art. 3: Ignorance of the law excuses no one It is the presumption that every person knows the law. Ignorance cannot be put up as a defense because it can always be used causing disorder in society - This is the reason why publication is an essential element, so that no one can excuse himself or herself for not knowing. - Statutes are to be construed as having prospective or future operation only it is not meant to be applicable to the past unless it is expressly provided for or is clearly and necessarily implied from the law. Cases when the law may be given retroactive effect: 1. The law expressly provides 2. When the law is curative or remedial – meant to cure defects in order to enforce existing obligations. To enable people to carry into effect what they intended in the obligation but could not due -
Added Info: Covered Under this Rule: - Presidential decrees and executive orders by the president in exercise of his legislative powers. - Administrative rules and regulations if their purpose is to enforce or implement existing law pursuant to a valid delegation. - City charter must be published even if it is only applicable to a portion of national territory * Interpretative regulation and those internal in nature need not be published.
Art. 4: Laws shall not be retroactive unless provided
Art. 5: Acts committed against mandatory and prohibitory laws shall be void.
to some statute. Not meant to impair obligation or affect vested rights. 3. When the law is procedural – when it deals with procedure it applies to all actions, which have accrued, or pending and future actions. Ex. When the legislature provides that all bills should under go 4 readings instead of 3. This affects all bills that have been created and even those already undergoing readings. 4. When the law is penal in character and is favorable to the accused. MANDATORY PROVISIONS OF LAWS: If one fails to commit certain acts that are mandatory in the law, it renders the proceeding or acts to which it relates as illegal or void. Ex. The law provides “ The action to revoke the donation under this article must be brought within 5 years from the time the decree of legal separation has become final.” (Article 64, Family Code) PROHIBITORY LAWS: Those that one is not supposed to do. Couched in negative terms. Ex. The law provides that “ No legal separation may be decreed unless the court has taken steps towards reconciliation.” (Article 59, Family Code) - Rights may be waived unless it is contrary to law, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law. - The right must exist at the time of the waiver. Requisites: 1. The person knows that a right exists 2. Has adequate knowledge upon which to make an intelligent decision 3. Knowledge of the facts related to the right to be waived 4. Must be shown that the waiver is made knowingly and intelligently - Rights provided for in statutes can generally be waived unless the object of the statute is to protect or promote public interest - Laws are repealed only by subsequent ones - Between a law and the Constitution, the latter prevails
Art. 6: Waiver of Rights
Examples of what cannot be waived: 1. Waiver against the right to purchase land. 2. Waive an action against future fraud 3. Waive right to receive less than the compensation a worker is to receive under the law.
Art. 7: Repealed Laws
Administrative or executive acts are valid only when they are not contrary to laws or the Constitution REPEAL: legislative act of abolishing a previous statute through a new law - Where a portion of a statute is rendered unconstitutional and part is valid the arts may be separated if they can stand independently of one another. Art. 8: Judicial decisions form case laws Art. 9: Responsibility of the courts Art. 10: It is presumed that the lawmaking body intended right and justice to prevail Art. 11: Customs Art. 12: Customs must be proved accdg. to the rules of evidence. Art. 13: Years, days, months - Judicial decisions, applying and interpreting laws and the Constitution, assume the same authority as laws. - Judges must not evade performance of their responsibility because of an apparent non-existence or vagueness of a law governing a particular legal dispute. - The court must first apply the law, only when there is ambiguity in its application should there be any kind of interpretation. - The interpretation should be in line with the intent of the legislature or the end sought to be attained. CUSTOM: a rule of conduct formed by repetition of acts, uniformly observed as a social rule, which is legally binding and has obligatory force. JURIDICAL CUSTOM: Can be a supplement/addition to a statutory law unlike a social custom, which cannot do so. Years: 365 days each Months: 30 days – if designated by their name, they shall be computed by the number of days that they respectively have Hour: 24 hours Nights: Sunset to sunrise - In computing a period first day exclude last day included - All citizens or foreigners who sojourner are subject to all penal laws and laws meant for public security and safety. Regardless of where a citizen of the Philippines might be he or she will still be governed by Philippine laws when it comes to family rights, duties, or to his or her legal status and legal capacity, Real and Personal Property are subject to the law of the country
Art. 14: Penal laws
Art. 15: Nationality rule
Exception: Foreigners who are immune from suit and thus cannot be charged (diplomatic agents) Thus a Filipino cannot get a divorce even if he or she goes abroad, since divorce is not recognized in the Philippines
Art. 16: Real & Personal
Prohibitive Laws: Prohibitive laws concerning property. public policy. However. When there are deficiencies in the Code of Commerce and Special Laws the civil code will govern such deficiency. their acts and those meant for public order. - Art. especially since the civil code is meant to be supplementary according to Art. thus the provisions on prescription in the civil code will govern. Acts before Diplomatic and Consular Officials: Any act or contract made in a foreign country made before the diplomatic and consular officials must also conform to Philippine laws. In the Code of Commerce there is no stated prescription date for a certain act. However the Supreme Court ruled that it was not applicable because when it comes to matters of goods in transport it is desirable that it be resolved at once taking into consideration the nature of the goods. acts done before consular officials. prohibitive laws where it is found. Extrinsic validity: the laws shall govern the forms of contracts and wills where they are made.However one must check the kind of transaction at hand and whether the civil code provision is applicable Ex. must follow the laws regarding the forms of wills in the U.S. In a previous case. Ex. This is because in the premises of a diplomatic office the foreign country waives its jurisdiction so the Philippine laws govern in the premises of the Philippine Diplomatic Office in foreign countries. 1155 of the civil code. 18: Deficiency in the Code of Commerce and special laws HUMAN RELATIONS .Property Art. 18. 17: Forms and Solemnities of contracts/will.S. the second marriage is void since bigamy is not permitted in the Philippines. A Filipino gets married to 2 women in another country where bigamy is legal. Thus a will made in the U. or good customs will continue to be in effect even if the person is in a different country with different laws. and intrinsic validity of the succession it shall be regulated by the law of the person whose succession is being considered regardless of where the property is to be found. persons. amount. when it comes to the order. . Ex. the Carriage of Goods by Sea Act there is a one year prescription for making a claim for loss or damage and the plaintiff believed that he could extend the prescriptive period by giving a written demand pursuant to Art.
But which is contrary to morals. vexation.Presupposes material or other loss which one may suffer as a result of another person’s act UNJUST ENRICHMENT: one should not unduly profit on something which he does not own . 27: Public servant refuses or neglects to do his duty It is the courts duty to render justice and give protection on account of those who are disadvantage due to moral dependence. public policy 3.Meant to enforce the right of one to his privacy in one’s own home. which causes injury to another. good customs. *If the officer is no day off. . indigence (poverty). There is a gasoline scarcity and a rich man buys tons and tons of gasoline to power his private amusement park. humiliation. Art.Art. ignorance. 20: willfully or negligently causes damage to another Art. or public policy Art.Thus if one is benefited at the expense of another. morals.One may file an action for damages against the officer who does not perform his official duty without just cause. which do not especially provide their own sanction. - *The three articles are related to each other and under these articles an act. . . Respect for human dignity Art. then one cannot file an . Ex. There is an act which is legal 2. 21: Contrary to good customs. public order. may be made the basis for an award for damages.Designed to fill in the countless gaps in the statues. 19: Abuse of right doctrine Art. he must pay or indemnify the other for what he has gained. 24: Protecting the rights of the disadvantage Art. prevent moral suffering. 25: Extravagance during acute public want or emergency Meant to be a law of justice and fairness especially in instances wherein there is no specific law to prevent acts of abuse to another. And it is done with intent to injure . 26: Respect privacy of others. tender age or other handicap. Art. 23: Even if the act was not due to ones fault or negligent he is still liable for indemnity if he was benefited. . 22: One who comes into the possession of another is obliged to make restitution Art. –the court may order him to seize such at the instance of the government or charitable institution to prevent such in times of emergency.Speaks of the general sanction for all other provisions of law. The courts at the instance of the government or any private charitable institution can order one to stop extreme spending during times of emergency. mental weakness.It is a rule of conduct that is meant to create a harmonious and orderly relation ship between people . which leave many victims without recourse. religious freedom. Elements: 1.
If in a criminal case. . the accused is not proven guilty beyond reasonable doubt a civil action may be made and the degree of proof necessary is only a preponderance of evidence which means that more evidence is adduced to prove the guilt of the accused compared to that to defend him. The criminal action here is based on the driver’s criminal negligence. such peace officer shall be primarily liable for damages. thus an independent action for such cannot be made independently from the criminal prosecution. .without just cause Art.A public officer who commits a tort or other wrongful act is still liable to the victim. However when the civil obligation is separate from the crime committed it may proceed independently of the criminal proceeding.A civil obligation arising from a criminal offense only needs a preponderance of evidence as the quantum of proof. When there is danger to life or property. . 30: Civil obligation arising from a criminal offense Art.Certain injuries do not arise from the commission of a crime. Ex.Includes fraud. An independent civil action can be instituted wherein a preponderance of evidence is all that is required. . physical injuries and are understood in their ordinary sense. 31: Civil obligation not arising from the felony Art. *Criminal negligence (reckless imprudence) is not included in this article. If a civil proceeding has begun and later on a criminal proceeding is filed. if commenced. 28: Unfair competition Art. and the city or municipality shall be subsidiarily responsible. A bus driver crashes the bus because he is drunk. Art. .Necessary to have an absolute separate and independent civil action for the violation of civil liberties for the effective maintenance of democracy. . must be terminated before a civil proceeding can begin. . The civil action here is based from the breach of the contractual obligation of all common carriers to take extra diligence in driving his passengers. the civil proceeding is put on hold until the criminal proceeding has finished. The first is governed by the civil code and the second is from the Revised Penal Code. defamation. action against him. 33: Civil action for violation of private rights .Usually a criminal proceeding. . 32: Civil action for violation of constitutional rights Art. 29: Civil action when guilt is not proved beyond reasonable doubt Art. 34: Members of the Police Force .Necessary to promote a system of free enterprise and a fair chance for others to engage in business and earn a living.Principle is to allow the citizen to enforce his rights regardless of State action so that citizens will not depend upon the government for the vindication of their own private rights.
PREJUDICIAL QUESTION: That which must precede the criminal action that which requires a decision before a final judgment is rendered in the principal action where the said question is closely connected.Acquired when one reaches the age of majority.The fetus is considered born if it is alive from the time it was completely 1 * Both men and women are qualified from all acts of civil life when they reach the age of majority (18 years old) -For purposes of inheritance and succession. prodigality. lost in cases like civil 1 interdiction . which should be resolved before the criminal case. 41: conditions to . the state of being a deafcapacity to act mute. Art. charges another but the judges fails to find any crime to have been committed or if the prosecuting attorney refuses/fails to institute criminal proceedings Art. insanity or imbecility. CIVIL PERSONALITY: GENERAL PROVISIONS Art. The resolution of the Prejudicial question will determine if the criminal action may proceed.The general rule is that the criminal case takes precedence. Art.Birth determines personality but the conceived child shall be considered Civil personality born for all purposes that are favorable to it. inherent in Capacity to Act. 39: Modification or limit Modify/limit capacity to act: age. The civil case to determine whether there was intimidation or not must necessary be resolved before the bigamy case. Provided that the conceived child is later born with the conditions in Art. 40: Commencement of . If B was indeed intimidated in marrying C. 36: Prejudicial Questions . B also filed a civil case against C (the second spouse) contending that she was intimidated into marrying C.When a person claiming to be injured by a criminal offense. penalty. NATURAL PERSONS Art. insanity. family relations. there is no bigamy. 41. 37: Juridical Capacity and JURIDICAL CAPACITY: fitness to be the subject of legal relations. right to manage his property and the right to dispose of such property by any act. A filed a case for bigamy against B. state of being capacity to act a deaf-mute. or guardianship. . – Do not exempt the person from certain obligations. prodigality. A and B got married. imbecility. Art.Art 35: Reservation of civil action . may be acquired of lost . absence. and civil interdiction are mere restrictions on the capacity to act. and trusteeship. an exception would be if there exist prejudicial questions. 38: Restrictions on the Restrictions on the capacity to act: Minority. insolvency. every person and is lost only through death. which deprives the offender during the time of his sentence the rights of parental authority. Ex.Acquired when one is conceived (rights of the unborn child) CAPACITY TO ACT: power to do acts with legal effect. alienage. . a child conceived at the time of death of the decedent can s An accessory penalty for the commission of an offense. B then married C.
. which created it. 4. 43: Doubt between the death of two or more persons - delivered from the mother’s womb. Applies to persons who are called to succeed each other like mother and child. partnerships. transmission of rights. Death puts an end to civil personality Dead person continues to have personality only through contract. JURIDICAL PERSONS Art. will. 3. Political subdivisions: municipal corporations that consist of provinces. 1. 44: Who are juridical persons Art. BUT if the fetus was alive in the womb for less than 7 months it is not deemed born if it dies within 24 hours it is delivered form the womb. Corporation: An artificial being created by operation of law and has the powers and attributes granted to it by the law. Art. cities and municipalities.determine when the child is considered conceived. State: organized corporate society under a government with the legal competence to exact obedience of its commands. *Corporations. Partnership: 2 or more persons bind themselves to make contributions to a common fund with the intention of dividing the profits among themselves.The state cannot be sued without its consent (implied or expressed) 2. 45: What governs juridical persons Art. It must be established by clear positive evidence. It can enter into treaties and contracts. – Creditors can still claim from the estate of the deceased any obligation due to them. they are presumed to have died at the same time and thus no transmission of rights from one to the other. etc. They can be sued because it is granted by their charters but they are generally not liable for torts committed in the discharge of their governmental functions.) If there is no proof as to who died first. 46: Rights and obligations of juridical persons JURIDICAL PERSON: Being of legal existence susceptible of rights and obligations. No human body shall be buried unless the proper death certificate has been presented and recorded however during an epidemic bodies may be buried provided that the death certificate be secured within 5 days after the burial. Proof of death cannot be established from mere inference or presumptions. and associations for private interest and purpose may be granted a separate and distinct personality from the shareholders or . (Necessary to determine the amount of inheritance one is to receive. 42: Civil personality extinguished at death - Art. or as determined by law.
institutions. and entities for public interest or purpose are governed by the laws creating them.Upon the dissolution of such entities mentioned above. . There is only one domicile. *Private corporations are regulated by laws of general application on the subject *Partnerships are governed by the provisions of this Code concerning partnerships *Juridical persons may acquire and possess property of all kinds and incur obligations in conformity with the laws and regulations of their organization. when the fiction is used to defeat public convenience. Ground for Reacquisition of Citizenship: 1. *State and political subdivisions. 2.Art. Those who are naturalized DOMICILE: Fixed permanent resident. it shall be applied for a similar purpose for the benefit of the region/province/city it is in. Jus Soli: Refers to citizenship on the basis of the place of birth Acquisition of Citizenship: for a foreigner to be able to become a Philippine citizen. protect fraud. although one may be absent from.) . . Those who are citizens at the time of the adoption of the Philippine Philippines Constitution. However. 48: Who are Citizens of the Philippines: citizens of the 1. before the adoption of the said constitution. This is the concept followed in the Philippines. 47: Dissolution of corporations members (this is known as the veil of corporate fiction). their properties and other assets should be disposed of in pursuance of law or the charter creating it. Those whose Fathers are Filipino 4. Act. justify wrong.By naturalization 2. Those born in the Philippines. An actual removal or an actual change or domicile 2. 49: Naturalization with foreign parents who have been elected to public office in the and reacquisition of Philippines. thus making the shareholders and members liable. which correspond with the purpose (physical presence in the area. 3. Those whose mothers are Filipino and elect Philippine Citizenship when Art. Art.A minor follows the domicile of his parents Change in Domicile: 1. loss citizenship 3. A bona fide intention of abandoning the former domicile and establishing a new one. this veil may be pierced. one still has the intention of returning and remaining for an unlimited time. natural persons 5. . Jus Sanguinis: Refers to citizenship by blood. perpetrate deception.If there is nothing in the law. 50: Domicile of they reach the age of majority. move family in area. a place wherein. etc. other corporations. a proper petition shall be filed in the proper court. defend crime. (Woman who has lost her citizenship by reason of marriage CITIZENSHIP AND DOMICILE Art. register as a voter in the area. etc. Navy or Air Corps.Repatriation of deserters of the Army.
51: Domicile of juridical person RESIDENCE: Indicates a place of abode whether permanent or temporary.Art. There may be more than one residence.By direct act of congress .When the law creates or recognizes a juridical person but doesn’t fix the domicile it shall be understood to be the place where it has legal representation to an alien may be repatriated after the termination of her marital status) 3. . not necessarily the domicile.
To advertise the promotion Marriage Status: Marriage creates a social status. involves and affects Filipino woman to become a two persons. 1: Marriage is a special contract of permanent Nature of Marriage: *Marriage as a special union between a man and a woman entered into in -Marriage is one of the “basic civil rights of man. consequences. Once it is executed a relation is offense because marriage is limits provided by the code. International Covenant on Economic. Solicit or attract or any where a double status is created. formed between the parties that cannot be altered. social institution whose nature. member in a club that matches women for marriage Marriage in International Law: men and women of full to foreign nationals for a fee. . which the state is interested in protecting. It is a case 3. private individuals or It is the foundation of the family and an inviolable -Still considered as a special civil contract regulated by corporations. Carry on such a business 2. Universal Declaration of Human Rights 2. Prior to this marital rape was not considered a crime because it was considered the right of the husband to have sexual intercourse with his wife whenever he pleased. 1988 signed by President Corazon Aquino (Executive Order 209) REQUISITES OF MARRIAGE: Article Summary of Annotation Additional Info/Exceptions/Connected with: Art. The vested with public interest.” The contract cannot be restricted accordance with the law for the establishment of freedom to marry has been recognized as a vital by discriminatory policies of conjugal and family life. except that marriage settlements may fix -A contract to marry. age without any limitation due to race. nationality or 4. cannot be considered as a criminal the property relations during the marriage within the modified or changed. MAIL-ORDER BRIDE: stipulation. of such acts. Social and VALIDITY OF MARRIAGE: Cultural Rights governed by the law effective 3. 2 Marital rape is now considered a crime wherein the legal husband is the offender and the wife is the victim. unlike other contracts. 1. International Covenant on Civil and Political Rights. personal right towards the pursuit of man’s happiness. Use the postal service to religion have the right to marry and found a family. at the time of the celebration of the marriage. In case of marital rape 1. law steps in to hold or bind the parties together. and law due to the high state interest in protecting and incidents are governed by law and not subject to safeguarding the family. (Connected with the Anti-A subsequent marriage between the rapist and raped Trafficking Act) victim extinguishes the criminal action or penalty of the Acts punished: 2 rapist.THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3. promote the prohibited acts.
identity. 38 (incestuous marriages and those against public policy). the marriage is void. Marriage is desirable due to the importance of procreation which is one of the reasons why same sex marriages are prohibited (due to the impossibility of reproduction) CONSENT: 1. . . found a family. Property Relations: Only property relations may be fixed and arranged in a marriage settlement prior to the marriage ceremony. However it must still follow the mandatory provisions of the Family Code. undue influence.Constitutional Protection: The State recognizes the sanctity of family life and shall protect and strengthen it. LEGAL CAPACITY: Marrying age is 18 years old and above. * The constitutional provisions on marriage however do NOT mean that legislature cannot enact a law allowing absolute divorce. The state also recognizes marriage as an inviolable social institution and the foundation of the family and shall be protected by the state. However if there is consent but such was obtained through force. etc then it is only voidable.There should be no previous valid subsisting marriage. Must be freely given 2. Marriage is subject to the control of the legislature but it must not contravene mandates of Constitution. Thoughts to ponder: Marriage should not to be enjoyed only by heterosexual couples. The right to marry. Legal capacity of the contracting parties who must be a male and female. DIFFERENT SEX: There should be a male and a female. fraud. . 37 and Art. thus if one of the contracting parties is below 18 years of age. otherwise the subsequent marriage will be bigamous. Consent freely given in the presence of the solemnizing officer Sex change: has not been shown that sex reassignment surgery would allow one to produce human beings.They cannot be related to each other as provided by Art. 2. personality are all rights of human beings. Art 2: No marriage shall be valid unless these essential requisites are present: 1.Absence of consent makes the marriage void. *Parties must be personally present. proxy marriages are prohibited in the Philippines. Made in the presence of the solemnizing officer .
Misrepresentation of age (but has to be emancipated—18 years and above) 4. rites. 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. A valid marriage license except in the cases provided for in Chapter 2 of this title 3. 5: Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38 (incestuous marriages and those against public policy.Art. Article 34: Cohabitation between man and woman for at least 5 years with no legal impediment at time of marriage. 6. 1992) provides that a mayor of a city or municipality may now solemnize marriages. 5. as long as performed in accordance with their customs. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than 2 witnesses of legal age. 2. practices. 1. for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses AUTHORITY OF THE SOLEMIZING OFFICER: . 4. Falsely stated that he or she had not been previously married.The Local Government Code (Jan. Marriage license was made in a different place other than their residence. Name stated therein is different or misspelled 3. Falsely swore that he or she is not under guardianship. Article 33: Marriages among Muslims or ethnic cultural communities. Art. VALID MARRIAGE LICENSE: .Those enumerated in Article 7. however. Thus a priest who has not renewed his license to marry does not have the authority and cannot be considered for marriage. except as stated in Article 35 (2) (when one of the contracting parties believed in good faith that the solemnizing officer had authority then the marriage is valid) A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45. Art. * If the couple have a valid marriage license but forgot to bring it then marriage will be valid (but if they don’t have one and procured one after the marriage ceremony the marriage will be void) . Article 28: Residence is in a remote place • In both cases the solemnizing officer must state in an affidavit that the marriage was performed as such and that he took necessary steps to ascertain the ages and that there were no legal impediments to the marriage. 6: No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary.Lasts for 120 days from the date of issue and effective *Presumption leans towards the legality of the marriage thus the authority of the officer is presumed absence the showing any proof to the contrary. 4: The absence of any of the essential or formal requisites shall render the marriage void ab initio. 2. Authority of the solemnizing officer 2. . he must have the authority. Article 27: Both parties are in articulo mortis marriage will be valid even if the ailing party survives. 3: The formal requisites of marriage are: 1. Art. Chapter 2 Title 1 of Family Code: exempt from license 1. Non-disclosure of prior marriage and divorce 5.) may contract marriage. 3. criminally and administratively liable. Merely Irregularities in marriage license: 1. Article 34: Cohabitation by the couple for 5 years * Muslims are governed by Code of Muslim personal laws of the Philippines and not the Family code but the other ethnic groups must comply with the other requisites as they are governed by the Family code.
MARRIAGE CEREMONY: . Court of Tax Appeals. during a military operation. . Sandiganbayan. or minister of any church or religious sect duly authorized by his church or religious sect and registered within the civil registrar general. in the absence of the latter. Any ship captain or airplane chief in cases mentioned in Article 31 4. * Declaration does not have to be vocally expressed may be inferred by the words used. it shall be sufficient for one of the witnesses to the marriage to write the name of said party. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer. it becomes a party thereto by manifested in the consent required and granted to limited number of officers. If a wedding took place there is a presumption that there was an exchange of vows. consul or vice consul in the case provided in Article 10. JUDGES: they can only solemnize marriages within their jurisdiction and they must be incumbent. when the party is at the point of death is unable to sign the marriage certificate. In case of marriage in articulo mortis. if both or one of the contracting parties believed that such a . which are non-ceremonial. and at least one of the contracting parties belongs to his or her church. imam.The minimum requirement is that the parties personally appear before the solemnizing officer and declare that they take each other in the presence of at least 2 witness of legal age. * Stopovers during a flight or voyage are still considered part of the journey. PRIEST/MINISTER OF A CHURCH OR RELIGIOUS SECT: he should be authorized by the church to do so. within any part of the Philippines only. * The absence of 2 witnesses of legal age is merely an irregularity in the ceremony and does not affect the validity of the marriage.of legal age that they take each other as husband and wife. . the manner the ceremony was made. the marriage will still be valid in accordance with Art. are not recognized in the Philippines. he must be registered with the civil registry. rabbi. Art. Any consul-general. . acting within the limits of the written authority granted him by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officers church or religious sect 3. Any military commander of a unit to which a chaplain is assigned.Family code only recognizes ceremonial marriages but there is no prescribed form of marriage ceremony. SHIP CAPTIAN/PILOT: one of the parties must be at the * Common law marriages. Any incumbent member of the judiciary within the court’s jurisdiction 2. etc. GOOD FAITH OF PARTIES: if the person who solemnized the marriage did not legally have the authority to solemnize a marriage.There is a need to limit the persons who can solemnize marriages since marriage is an important institution the state wants to safeguard and protect. *If the host country allows marriages to be solemnized by consuls then even if between a Filipino and nonFilipino. 26.Because the state is interested in marriage. likewise only in the cases mentioned in Article 32 or 5. Any priest. Court of Appeals. Supreme Court: National jurisdiction • Absence of jurisdiction would mean the absence of the authority of the solemnizing officer and thus the marriage will be null and void. 7: Marriage may be solemnized by: 1. which recognizes international comity. which fact shall be attested by the solemnizing officer.
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 them in a sworn point of death. HOWEVER. MAYOR: Pursuant to the Local Government Code. CONSUL-GENERAL. Ex. If one of the contracting parties knew of this but the other did not the marriage is still valid. When requested by both parties in writing. . • An assistant pilot has no authority to solemnize marriages even if the main pilot dies. .Its non-compliance will not make the marriage void but will only cause civil. Even if both parties are in good faith in thinking that a janitor can solemnize a marriage they should know who by law are authorized to. must be within military zone (there should be widespread military activity not merely practice). as the case may be. chapel or temple. MILITARY COMMANDER: He or she should be a military commander of a unit. * They also perform the duties of a local civil registrar (like issuing the license etc. When the marriage is in articulo mortis 2.) * No matter where they are the solemnities and requirements mandated by Philippine Law shall be observed. When the marriage is in a remote place (transportation etc. and the ship or plane must be at sea or in flight. the contracting parties must also be in articulo mortis either members of the military operation or civilians. he or she must be a commissioned officer (his rank should start from second lieutenant).Art. A couple goes to a janitor to get married. and not elsewhere. person did have the authority the marriage will be valid. the mayor of a city or municipality can now solemnize marriages. except in the cases of marriages contracted at the point of death or in remote places in accordance with Article 29 of this Code. is difficult to come by) 3. * When the mayor cannot perform his duties. OR VICE CONSUL: they can only solemnize marriages abroad when both the contracting parties are Filipino. Exceptions to venue stated: 1. the acting mayor has the authority to solemnize marriages.Not mandatory but directory in nature. they must be one of the people who can be authorized if they are not the marriage will be void (ignorance of the law excuses no one) Ex. CONSUL. criminal. 8: The marriage shall be solemnized publicly in the chambers of the judge or in open court in the church. . A priest did not renew his license to marry therefore does not have the authority to marry. the marriage must be between the passengers or crewmembers. consul or vice-consul. or administrative liability. or in the office of the consulgeneral. a chaplain should have been assigned to the unit and such chaplain is absent.
Full name. Even if the civil registrar knows of a legal impediment he cannot discontinue unless stopped by the court. Full name.statement to that effect. except in marriages where no license is required in accordance with Chapter 2 of this Title.Main purpose is to discourage deception. consul or vice consul of the Republic of the Philippines. . Full name of the contracting parties 2. Art. 9: A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides. Place of birth 3. . Age and date of birth 4. 10: Marriages between Filipino citizens abroad may be solemnized by a consul-general. when and where the previous marriage was dissolved or annulled 6. and relieve from doubt the status of parties who live together. If previously married. However if they obtain it from another place it is merely an irregularity and does not affect the validity of the marriage. . residence and citizenship of the mother 10. each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following: 1. Art. . Stating all relevant facts needed in order to determine legal capacity to marry and the eligibility of the parties. their parents or guardians shall not be . MARRIAGE APPLICATION: the civil registrar has to process and issue a marriage license. Civil Status 5. (This is to prevent bribery and abuse by the civil registrar) - . in case the contracting parties has neither father nor mother and is under the age of twenty one years.The marriage license should be procured from the civil registrar of the city or municipality where either of them resides. how. residence and citizenship of the guardian or person having charge. residence and citizenship of the father 9. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official.The ceremony and requirements should be in accordance with Philippine law. The applicants. Present residence and citizenship 7.Provides evidence of the status and legitimacy of offspring. Full name. Art. Degree of relationship of the contracting parties 8.The consular officials absorb the duties of the local civil registrar and the solemnizing officer when Filipinos wish to be married abroad. 11: Where a marriage license is required.
the applicant shall be required to furnish. they shall. 12: The local civil registrar. mother.required to exhibit their residence certificate in any formality in connection with the securing of the marriage license. In case either or both of the contracting parties. surviving parent. The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties. The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity. 14. in addition to the requirements of the preceding articles. Such consent shall be manifested in . (Non-compliance makes the marriage annullable) . the death certificate of the deceased spouse or the judicial decree of the absolute divorce. If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either because of the destruction or loss of the original or if it is shown by an affidavit of such party or of any other person that such birth or baptismal certificate has not yet been received though the same has been required of the person having custody thereof at least fifteen days prior to the date of the application. or the judicial decree of annulment or declaration of nullity of his or her previous marriage. setting forth the full name. In case either of the contracting parties has been previously married. the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and date of death of the deceased spouse. if known. shall require the presentation of the original birth certificates or. the consent to their marriage of their father. in the order mentioned. or guardian in the order mentioned. such party may furnish in lieu thereof his current residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to administer oaths. mother. are between the ages of eighteen and twenty-one. by merely looking at the applicants upon their personally appearing before him. persons of good reputation in the province or the locality. instead of the birth or baptismal certificate required in the last preceding article. as stated in the application. or when the local civil registrar shall. In case the death certificate cannot be secured. 13. Art. in their default. exhibit to the local civil registrar.Contracting parties 18 years old and above but BELOW 21 years of age must obtain the consent of their father. the baptismal certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals. . These certificates or certified copies of the documents by this Article need not be sworn to and shall be exempt from the documentary stamp tax.Emancipation is obtained at 18. in default thereof. residence and citizenship of such contracting party and of his or her parents. be convinced that either or both of them have the required age. surviving parent or guardian. The nearest of kin of the contracting parties shall be preferred as witnesses. marriage no longer emancipates a child because they must be 18 years of age to marry. Such instrument shall contain the sworn declaration of two witnesses of lawful age. or. or persons having legal charge of them. Art. Art. and the place and date of birth of such party. not having been emancipated by a previous marriage. upon receiving such application.
who personally appears before the proper local civil registrar. shall be attached to the application for marriage license. .It is to be posted for 10 consecutive days on a bulletin place within the building and accessible to the general board outside the office public. Should the parents or guardian refuse to give any advice. if one is executed instead. 16. this fact shall be stated in the sworn statement. 15: Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. 18: In case of any impediment known to the local .The civil registrar shall be issued after the period of knowledge of any impediment to the marriage to advise publication. . This notice shall request all persons having . and the affidavit. If they do not obtain such advice.Only delays the issuance of the marriage license for 3 months but after 3 months the license must be issued. the marriage license shall not be issued till after three months following the completion of the publication of the application therefore. - EXCEPTIONS: . in addition to the requirements of the preceding articles. or if it be unfavorable. Should only one of the contracting parties need parental consent or parental advice. Art. imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counseling. The marriage license shall be issued after the completion of the period of publication. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage.Absence of parental advice does not affect the marriage. The the applicants for a marriage license and other data purpose of which is so that persons having knowledge given in the applications. office of the local civil registrar located in a conspicuous . Art. In the cases where parental consent or parental advice is needed. Art. the party or parties concerned shall. The personal manifestation shall be recorded in both applications for marriage license. the other party must be present at the counseling referred to in the preceding paragraph Art.writing by the interested party. The notice shall be posted for of any impediment to the marriage can inform the local ten consecutive days on a bulletin board outside the civil registrar. A sworn statement by the contracting parties to the effect that such advice has been sought. shall be attached to said applications. 17: The local civil registrar shall prepare a notice.It is the duty of the civil registrar to post a notice which shall contain the full names and residences of informing the public of the impending marriage.If an impediment is made known to the civil registrar . if any. the local civil registrar thereof. attach a certificate issued by a priest. Failure to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application. or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. together with the written advice given.
The expiry date shall be stamped in bold characters on the face of every license issued Art.civil registrar or brought to his attention. and shall be deemed automatically canceled at the expiration of the said period if the contracting parties have not made use of it. submit an affidavit stating the circumstances he shall merely note it down but he must nonetheless issue the license. issued by their respective diplomatic or consular officials. 1. - A certificate of legal capacity is meant to show that a foreigner is capacitated to marry in his or her country. When the required certificate of legal capacity of foreigners is not given (Art. Art. A 16-year-old US citizen may contract marriage in the Philippines provided that he . in lieu of the certificate of legal capacity herein required. that is those who have no visible means of income or whose income is insufficient for their subsistence a fact established by their affidavit. It shall. Art.The purpose of which is to prevent graft and corruption on the part of the civil registry. the marriage will still be valid but the parties responsible may be criminally or administratively liable. or by their oath before the local civil registrar. It is good for 120 days from the date of issue.If the marriage license was issued despite court intervention. unless ordered otherwise by a competent court at his own instance or that of any interest party. he shall note down the particulars thereof and his findings thereon in the application for marriage license. however. it shall be necessary for them before a marriage license can be obtained. No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said license. * The civil registry cannot issue a license without the certificate of legal capacity however if the civil registry does issue the marriage will still be valid. 21: When either or both of the contracting parties are citizens of a foreign country. but shall nonetheless issue said license after the completion of the period of publication. In the US 16 years old is the age when one can contract marriage. be issued free of charge to indigent parties. . This is because the impediments may not be valid at all. to submit a certificate of legal capacity to contract marriage. Stateless persons or refugees from other countries shall. The local civil registrar shall require the payment of the fees prescribed by law or regulations before the issuance of the marriage license. Ex. The courts direct civil registry to refuse giving out the license 2. . The Philippines adheres to the national law of the contracting parties with respect to their legal capacity to contract marriage. No filing fee shall be charged for the petition nor a corresponding bond required for the issuances of the order. 20: The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue. 19. 21) - The marriage license is only valid within the Philippines and not abroad.
The local civil registrar is the government official charged with the preparation and the keeping of all the official documents. Cohabitation and conduct 8. religion and habitual residence 3. in which the parties shall declare that they take each other as husband and wife. the original of the marriage license and. 23. That the proper marriage license has been issued according to law. The full name. *Presumption is always in the validity of marriage. Family bible 4. That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases and 7. witness. Their citizenship. attaching a copy thereof. -If one is a foreigner and one is a Filipino even if they marry in the consul of the foreigner the certificate of legal capacity and a marriage license is still necessary. That the parties have entered into marriage settlement. except in marriage provided for in Chapter 2 of this Title 5. gives a certificate from his embassy stating that 16 years old is the legal age to marry. Marriage contract or certificate 2. . . birth certificates of kids 5. to the local civil registrar of the place where the marriage was solemnized. Art. That either or both of the contracting parties have secured the parental consent in appropriate cases 6. shall also state: 1. Baptismal. Proofs of marriage: 1. 24: It shall be the duty of the local civil registrar to prepare the documents required by this Title. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate. Art. the affidavit of the contracting party regarding the solemnization of the marriage in place other than those mentioned in Article 8. only those of their country.showing such capacity to contract marriage. The date and precise time of the celebration of the marriage 4. solemnizing officers 7. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. 22. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than fifteen days after the marriage. Photocopies of the certificate or contract from the local civil registry 3.If both are citizens of a foreign country and they are married in their embassy there is no need to follow the requirement of marriage in the Philippines. and to administer oaths to all interested parties without any charge in both cases. sex and age of each contracting party 2. The documents and affidavits filed in connection with applications for marriage . Art. the copy of the marriage certificate. Judicial decisions 6. The marriage certificate. in proper cases. if any. Testimonies of parties. Statement in a will * A certificate of marriage made years after the marriage is inadmissible as evidence.
and valid there as such. however the marriage must still be solemnized. 37 and 38. -Marriage abroad where there is mistake of identity of the other contracting party is not recognized here. 15: laws relating to family rights and duties. PROOF OF FOREIGN MARRIAGE: necessary to prove the foreign law and then prove the celebration of marriage. 37) -Marriages against public policy are not valid here either (Art. their acts or property and those which have for their object public order.Marriages that are solemnized abroad and are recognized as valid there will also be recognized as valid here (international comity) Ex. the date on which the marriage license was issued. If the law of the other state is not pleaded nor proved the laws of the Philippines will be presumed to be similar to that of foreign laws. . 38) -Common law marriages are not recognized here. He shall record in said book the names of the applicants. If in Vietnam a doctor is authorized to solemnize a marriage and a Filipino couple gets married in Vietnam by a doctor such marriage will be considered valid in the Philippines. REMEMBER THE LAWS: ART. shall also be valid in this country. (4). -Marriage by a Filipino to one who is psychologically incapacitated is not valid here -Marriages that are incestuous are not valid here even if celebrated abroad and valid there. (5) and (6). and such other data as may be necessary Art. 26. (Art. 26 refers to formal requisites only. 17: prohibitive laws concerning persons. Art. the marriage must still be solemnized and not contracted. public policy and good customs shall not be rendered ineffective by laws or judgments promulgated. in accordance with the laws in force in the country where they were solemnized. conditions and legal capacity of persons are binding upon citizens of the Philippines even living abroad. Art. 25. All marriages solemnized outside the Philippines. the Filipino spouse shall have capacity to remarry under Philippine law. or by determinations or conventions agreed upon in a foreign country - EXCEPTIONS to international comity: -Either or both contracting parties are Filipinos and below 18 years of age -Polygamous and bigamous marriages recognized abroad will not be valid here. (17a) Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry. The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a registry book strictly in the order in which the same are received. except those prohibited under Articles 35 (1). ART. 36. -Same sex marriages between Filipinos are not .licenses shall be exempt from documentary stamp tax. or to the status.
*If a Filipino changes citizenship then he can get a divorce and if he reacquires his Filipino citizenship after that the divorce will still hold. the solemnizing officer shall state in an affidavit authorized to solemnize under Article 7 and the executed before the local civil registrar or any other mayor provided that they solemnize the person legally authorized to administer oaths that the marriage within their jurisdiction and within the marriage was performed in articulo mortis or that the authority given to them. the marriage will still be valid.If a Filipina marries a foreigner and the foreigner obtains a divorce. If the residence of either party is so located . . 29: In the cases provided for in the two preceding . survives. the marriage necessity of a marriage license. the marriage may be empowered to solemnize marriages even solemnized without necessity of a marriage license and without a marriage license if either or both of shall remain valid even if the ailing party subsequently the contracting parties are at the point of death. Art. may be solemnize without a marriage license. . it will be recognized against the foreigner and thus the foreigner will not have legal standing to sue for adultery or claim for property after the divorce. 27: In case either or both of the contracting parties . Art. 28. even if the couple was married abroad the divorce will not be recognized here if one of them is a Filipino. the marriage may be solemnized without personally before the local civil registrar. .Solemnizing officers and the mayor are are at the point of death.If the Filipina obtains a divorce although not recognized in the Philippines.Even if the ailing party survives after the marriage. * If a Filipino contracts a foreign marriage which is null and void under the laws of the state where it has been solemnized then such marriage will likewise be null and void in the Philippines. *If a marriage celebrated abroad is invalid in that country but considered valid in the Philippines. MARRIAGES EXEMPT FROM LICENSE REQUIREMENT Art. . the marriage will still be invalid.The solemnizing officers here are those articles. valid even if done abroad. The divorce may be recognized in the foreign country where it was obtained but not in the Philippines. the Filipina can marry.ABSOLUTE DIVORCE: Absolute divorce is not recognized in the Philippines.This envisions a situation wherein the residence of that there is no means of transportation to enable such either party is so located that there is no means of party to appear personally before the local civil transportation to enable such party to appear registrar. But the divorce of a foreign citizen abroad is recognized in the Philippines as the Philippines recognizes legal capacity of a foreign person. The law where the marriage has been solemnized shall apply.
shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation. - Art. specifying the barrio or barangay.residence of either party. 32: A military commander of a unit. 30: The original of the affidavit required in the last preceding article. pagans or Muslims are exempt only from procuring a marriage license. provided they are solemnized in accordance with their - A pilot or ship captain may solemnize only marriages at the point of death while the plane is in flight or the ship is at sea even during stopovers (it is still considered part of the flight/voyage). is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar and that the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of legal impediment to the marriage. who is a commissioned officer. Art. together with the legible copy of the marriage contract. There should be a chaplain assigned to the unit The marriage should be at the point of death and in the absence of the chaplain assigned The marriage must be solemnized within the zone of military operations. Art. 33: Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license. shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. (They are not authorized to by law) . 31: A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight. Marriages between parties that belong to ethnic groups. The contracting parties may either be member of the armed forces or civilians. but also during stopovers at ports of call. whether members of the armed forces or civilians. The marriage must still be solemnized in * If something happens to the main or principal pilot the second in command cannot solemnize marriages. Art. ensign and above) He should be a commander of a unit. They can only solemnize marriages between their passengers and crew members The military commander must be a commissioned officer (his/her rank should start nd from 2 lieutenant.
35: The following marriages shall be void from the Article 2. Muslims are governed by the Code of Muslim Personal Laws of the Philippines thus they are not governed by the Family Code unlike other ethnic groups who do not have separate laws. Persons cohabiting for at least 5 years living together as husband and wife are exempt from obtaining a marriage license. Matters that don’t affect the validity of the marriage: Article 18: if the civil registry gives the license despite the courts ordering an injunction to order the civil registry not to give the marriage license. rites and practices. - - accordance with their customs. (Judicial declaration of nullity). it is not necessary that there is no legal impediment it is only necessary at the time of marriage that there is none. Void Marriage Voidable (2) Those solemnized by any person not legally Can’t be a source of rights Can be source of rights authorized to perform marriages unless such Can’t be ratified Ratified by prescription or marriages were contracted with either or both parties cohabitation believing in good faith that the solemnizing officer had .Only marriages declared by the legislature. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage. Thus during the 5 year period. No rights can flow from it and can never be ratified. The parties shall state the fact of their cohabitation and the absence of any legal impediment to marry in an affidavit under oath. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths.customs. (1) Those contracted by any party below eighteen There can be no other void marriage except those provided by law. Art. 3. Article 34: When the solemnizing officer failed to investigate whether or not there was an impediment to the marriage in marriages after 5 years of cohabitation. they should be without any legal impediment to marry each other. At the time of marriage. MARRIAGES VOID AB INITIO: Not valid from its inception. The fact that the officer to investigate shall not invalidate the marriage. 34: No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. 4: when all the essential and formal requisites of a marriage are absent beginning: . Article 21: if the civil registry gives the license despite absence of certificate of legal capacity of foreigners. *The solemnizing officer shall also state under oath that he ascertained the qualifications of the parties and that he found no legal impediment. - Art. years of age even with the consent of parents or guardians. as void should be treated as such. rites or practices.
The person must be one of the people in Article 7 thus if a couple is married by a janitor. except those covered the preceding Chapter. Can only be attacked directly Can be questioned after death Only assailed during lifetime of parties of parties Action for nullity has no Action prescribes prescription . (5) Those contracted through mistake of one contracting party as to the identity of the other. Science shows below 18 leads to unsafe pregnancies. As long as H is in good faith and does not know of the presence of W the marriage will still be valid.the legal authority to do so. BELOW 18 YEARS OF AGE: not capacitated to marry even if with parental consent. Thus if one of the parties stated under oath that they were 25 when they were actually 16 the marriage is void despite the oath. and (6) Those subsequent marriages that are void under Article 53. . and when a donor desires to revoke a donation propter nuptias. (3) Those solemnized without license. 12 female: minimum age for effective procreation 16 male.Unless it was ignorance of the law then the marriage will be void.Estoppel or acquiescence does not apply to remedy the infirmity of a void marriage. Can be attacked collaterally. W is married to H and W disappears for 4 years and is judicially declared presumptively dead. 14 female: Maturity and responsibility were taken into consideration.Good faith and bad faith generally is immaterial in void marriages except: when either of the parties believed in good faith that the solemnizing officer had the authority to solemnize the marriage when in fact he had none. NON-AUTHORITY OF SOLEMNIZER: Exception: If EITHER or both of the contracting parties believed in good faith that he had such authority. Second. . in case the spouse disappears for 4 years or 2 years in proper cases the present spouse may marry again if there is a judicial declaration of presumptive death and at the time of the celebration of marriage either spouse is in good faith that the absent spouse is still absent. . Gender Roles: ability of men to provide and ability of women to care for the household. . 18 for both: No significant difference in terms of maturity of male and female.Generally evidence other than a judicial declaration of nullity can be presented except (direct attack needed) for purposes of remarriage. H later on is to marry W2. History: 14 male. The good faith of the party is what is referred to not the solemnizing officer. Ex. (4) Those bigamous or polygamous marriages not failing under Article 41. validity of marriage is essential to the determination of the case. W2 however sees W the day before the wedding but does not tell H. the marriage will be void. them believing that a janitor can celebrate a marriage.
Art. 36: A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.
Exception: Marriage was done abroad and such officer is valid in that country BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married men or women from contracting a subsequent marriage when their consort is still alive. Exception: - That mentioned in Article 41 regarding appearance of a spouse after a declaration of presumptive death. - Those provided for under the Muslim code. - When the first marriage was actually void with a judicial declaration of nullity. nd Without judicial declaration of nullity then 2 marriage will be void under Article 40. MISTAKE IN IDENTITY: An instance of fraud, which is a ground for the nullity of the marriage. Here the contracting party absolutely did not intend to marry the other, as the same is not the person he or she actually knew before the marriage. Does not include: mistake in name, character of person, attributes, age, social standing, religion, pedigree, pecuniary means, temperaments, acquirements, condition in life, previous habit. VOID UNDER ARTICLE 53: Marriages that have annulled or declared null and void must undertake the liquidation, partition and distribution of their properties, delivery of presumptive legitimes, etc. to be able to remarry. Psychological incapacity to comply with the essential P.I. Insanity marital obligation of marriage at the time of marriage, Cannot be Can be even if it becomes manifest after the solemnization of cured cured the marriage. No consent Consent can - Not defined and thus left on a court-to-court present be given basis. A person may actually be efficient in since he during lucid doing other things such as his profession but does not interval with regards to his married life it can be know the different. true meaning - Not just stubborn refusal but attributed to of marriage psychological causes (not necessarily insane) - Lacking in the exercise of the judgment not PROOF to show P.I.: lack of judgment 1. Observe of duties - True inability to commit oneself to the (living together, etc.) essentials of marriage – psychosexual 2. Procreation disorders or other personality disorders 3. Obligation of parents - Inability to commit to the essentials of marriage to children. – procreation, education of offspring, 4. Senseless and
community of life and love Must be characterized by: 1. Gravity- grave or serious 2. Juridical antecedence – rooted in history of the party and may manifest after the marriage. 3. Incurability Jurisprudential Guidelines (CA v. Molina): 1. Burden of proof to show the nullity of marriage belongs to the plaintiff. 2. Root cause must be medically or clinically identified, alleged in the complaint, sufficiently proven by experts, clearly explained by the decision, must be psychological not physical. 3. Proven to be existing at the time of the celebration of the marriage 4. Must be incurable (may be absolute or relative to the given spouse) 5. Must be grave 6. Essential marriage obligations are those 3 embraced in articles 68 to 71 and Articles 220, 221, 225 with regards to parents and children. 7. Interpretations in National Appellate Matrimonial tribunal of Catholic Church though not binding are persuasive Reasons to Condemn Incestuous Marriages: 1. Abhorrent to nature 2. Brings about confusion of rights and duties 3. Deficient and degenerate offspring 4. Control sex rivalries within families 5. To guide one towards the creation of new 5. 6. 7. 8. 9.
protracted refusal to have intercourse Unreasonable attachment to ones other family or barkada Transvestism Indulgence of private fantasy Alcohol/substance abuse Extreme immaturity
Art. 37: Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate: (1) Between ascendants and descendants of any degree; and
* The relationship being legitimate or illegitimate is immaterial
Article 68: husband and wife are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support. Article 69: Husband and wife shall fix the domicile and in case of disagreement the court shall decide. Article 70: spouses are jointly responsible for the support of the family and the expenses for such support and other conjugal obligations shall be paid from community property, income or fruits of separate property, or separate property. Article 71: management of household shall be right and duty of both spouses.
(2) Between brothers and sisters, whether of the full or half blood. Art. 38: The following marriages shall be void from the beginning for reasons of public policy (1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) Between step-parents and step-children; (3) Between parents-in-law and children-in-law; (4) Between the adopting parent and the adopted child; (5) Between the surviving spouse of the adopting parent and the adopted child; (6) Between the surviving spouse of the adopted child and the adopter; (7) Between an adopted child and a legitimate child of the adopter; (8) Between adopted children of the same adopter; (9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse.
nuclear family 6. Brings about confusion with status - Simulates blood relations although legal fiction (bond created by law, against public policy) COLLATERAL BLOOD RELATIVES: may cause the same reasons as Art. 37 but to a lesser degree. COLLATERAL HALF-BLOOD RELATIVES BY CONSANGUINITY: the law does not provide that marriages between collateral blood relatives by the half-blood are prohibited. Case Law: In Re: Simms Estate - Because of specification in brothers and sisters and no specification with uncles and nieces, marriage between uncles and nieces are not prohibited - Unlike ruling in Audley where it deemed it was unnecessary - Marriage between uncles and nieces who are half-blood is valid due to the presumption in favor of marriage. RELATIONSHIP BY AFFINITY (made through marriage): The only marriages by affinity prohibited in the Family Code are marriages between stepparents and stepchildren and parents-in-law and children-in-law. (May destroy the peacefulness in family relations) • Stepbrother and stepsister can marry each other since not included in the prohibition. *In the event that the marriage is annulled or nullified or in the event that the marriage is terminated by death affinity is terminated and thus those that were prohibited due to affinity can now marry each other. Unless there are living issues (children) in whom the blood of the parties continue to commingle. ADOPTIVE RELATIONSHIP: Who they cannot marry: Adopter Adopted The adopted The adopter The surviving spouse of the adopted The surviving spouse of adopter (Envisions that the marriage was (Envisions that the marriage was terminated due to death. But if the terminated due to death. But if the marriage was terminated after the finality marriage was terminated after the finality of a nullity or annulment decree then they of a nullity or annulment decree then they can get married) can get married) Legitimate children of adopter Other adopted children of the adopter
- - BIGAMY: Committed by any person who shall contract a second or subsequent marriage before the former * The subsequent marriage is not considered bigamous since the first marriage is not valid. Without it the subsequent marriage will be considered void. Such a marriage is valid. In a bigamous marriage the first subsisting marriage is valid. But it can still be collaterally attacked by any interested party in any proceeding where the determination of the validity of marriage is necessary to give rise to certain rights. A kills C because C stole from A. 52: The judgment of annulment or of absolute nullity of the marriage. Bigamy envisions 2 valid marriages. if not then not considered against public policy. Either party in a void marriage can file a nullity case even though such party is the wrongdoer. A judicial declaration of marriage is the only acceptable proof so that a party can contract a subsequent valid marriage.Who can they marry: Adopter Children of adopted Natural parent Other relatives Spouse of adopted if alive and not married to adopted Adopted Parents of adopter Illegitimate child of the adopter Other relatives Spouse of adopter if alive and not married to adopter INTENTIONAL KILLING OF SPOUSE: The guilty party must be animated by an intention to marry the other person. A wanted to marry B. *No criminal conviction is necessary mere preponderance of evidence is required to prove the killing. Only husband and wife can file a court case declaring the marriage void. In connection with it. . 40: The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. Then A later on marries B. Articles 52 and 53 which has to do with the liquidation. If the first or the second marriage is void then there can be no bigamy. 39: The action or defense for the declaration of absolute nullity of a marriage shall not prescribe Time to file an action for declaration of nullity of a marriage or to invoke such nullity as a defense does not prescribe. B was married to C. In relation to: Art. Art. Art. Ex. partition and distribution of the properties without which the marriage will likewise be void. the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property.
STATUS OF CHILDREN: Children conceived during the subsequent marriage contemplated in Art. without prejudice to the effect of reappearance of the absent spouse. If a spouse acted in bad faith. the children of . 41 are legitimate even if one of the contracting parties is in bad faith. if there are none. unless before the celebration of the subsequent marriage. After the payment of all debts. as the case may be. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code. and give them due notice. Article 41 and voidable marriages. otherwise. the guilty spouse shall not get his share in the net profits (his/her share will be forfeited in *Donation made between persons who are guilty of adultery or concubinage at the time of the donation is void. the same shall not affect third persons. but if either spouse contracted said marriage in bad faith. . his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee.ONLY CASE WHERE MARRIAGE IS TERMINATED EXTRAJUDICIALLY. Art. an absence of only two years shall be sufficient.A declaration of presumptive death is needed for the absentee in order to contact a new marriage. 53: Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article. EFFECT OF TERMINATION ON THE PROPERTY REGIME: The property regime shall be dissolved and liquidated.Applies to Article 40. Exception: Prior spouse has been absent for 4 consecutive years and there is a well founded belief (must exercise due diligence to ascertain whereabouts or if she is dead or alive) that absent spouse is dead (2 years will suffice if there was danger of death) Art. *Without article 40 one cannot perform Article 52. .otherwise. Art.Marriage becomes void not because of bigamy but because of certain impositions in law that must be done before contacting a second marriage. 43: The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects (1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate. . Exception to 42: if the affidavit is fraudulent then it is ineffectual. the prior spouse had been absent for four consecutive years and the spouse present has a wellfounded belief that the absent spouse was already dead. Such notice will be filed in the civil registry of the residence of the parties in subsequent marriage. Any interested party can file for the affidavit of reappearance. 41: A marriage contracted by any person during subsistence of a previous marriage shall be null and void. Article 42: The subsequent marriage made will become void with the recording of the affidavit of reappearance of the subsequent spouse. (2) The absolute community of property or the conjugal partnership. the spouses shall divide the net profits of the property equally or in accordance with the stipulated sharing. shall be dissolved and liquidated. the subsequent marriage shall be null and void. marriage has been legally dissolved or before the absent spouse has been declared presumptively dead by judgment.
guardian or person . if none the children of the guilty spouse by a previous marriage. That the party in whose behalf it is sought to reaches the age of 21.The marriage shall be considered void only if both spouses in the subsequent marriage are in bad faith. years of age or over but below twenty-one. Art. favor of the common children. Article Annotation Exception/ Filing: Article 45: Must exist at the time of . and Ratification: Through cohabitation after the marriage was solemnized without the reaching the age of 21 years old. even if such designation be stipulated as irrevocable. . which can be considered for annulment (exclusive). (Should inform the insurance company) DISQUALIFICATION AS TO INHERITANCE: The spouse who acted in bad faith shall be disqualified to inherit from the innocent spouse. These are the only grounds. the innocent spouse.The good faith of the spouse must be present up to the time of the celebration of the subsequent marriage.the guilty spouse by a previous marriage or in default of children. If both are in bad faith neither can recover what they have given. except that if the donee contracted the marriage in bad faith. said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law. the donation by reason of marriage is terminated by operation of law. . and (5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession. If the donee acted in bad faith in contracting the marriage. such donations made to said donee are revoked by operation of law. If both spouses are in bad faith according to Article 44 the marriage is void and the parties cannot inherit. (3) Donations by reason of marriage shall remain valid. obtain consent within 5 years after reaching have the marriage annulled was eighteen 21. 44: If both spouses of the subsequent marriage acted in bad faith. the donation shall be valid. consent of the parents. (4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy. if none to the innocent spouse.The parents of the child can annul the Party to file suit: Parent or guardian before the marriage marriage at any time prior to the time the child child reaches 21 and the party who did not 1.) DONATIONS BY REASON OF MARRIAGE: If both parties are in good faith. VOIDABLE MARRIAGES: valid up to the point when they are annulled. DESIGNATION AS BENEFICIARY IN INSURANCE POLICY: The innocent spouse has the choice of revoking the beneficiary in an insurance policy even if the policy is irrevocable.
habitual alcoholism.having substitute parental authority over the party. That either party was of unsound mind. Party to file suit: Injured party within 5 years after the discovery of fraud 3. unless such party after coming to reason. Thus. or homosexuality or lesbianism existing at the time of the marriage. unless after attaining the age of twenty-one. Exception to 46(2): If woman did not inform the man but pregnancy was apparent. CONCEALMENT OF ADDICTIONS: No exact meaning but has been defined as persistent habit of becoming intoxicated. and insane spouse before the death of either party. * If the spouse knew that the spouse was insane prior to the celebration of the marriage she cannot annul the marriage. the fact that it was concealed was enough. *No other misrepresentations will be acceptable to constitute fraud to annul a marriage. . . freely cohabited with the other as husband and wife Article 46: Fraud: existing at time of marriage 1. if the woman truly believed she was not pregnant when she was the marriage cannot be annulled.Misrepresentation that she was pregnant to induce the man to marry her when she was in fact not pregnant is not considered for annulment. relative or guardian of insane at any time before the death of either party. Non-disclosure of previous conviction by final judgment of a crime involving moral turpitude. 3. CONCEALMENT OF STD: Nature or gravity is irrelevant. Ratification: Through cohabitation by the person with the unsound mind after he has come to reason *Once ratified the marriage will be valid and no longer annullable even if the insanity comes back. That the consent of either party was obtained by fraud. 2. Party to file suit: Sane spouse without knowledge before the death of either party. 4. with full knowledge of the facts constituting the fraud.Must be clear that illness is serious that cannot understand marriage contract at the time of the marriage. Exception to 46(2): If the woman was unchaste and the man knew of her unchaste character. in that order. Concealment of STD regardless of its nature existing at the time of the marriage. such party freely cohabited with the other and both lived together as husband and wife 2. freely cohabited with the other as husband and wife . PREVIOUS CONVICTION: No need for investigation on the part of the party but there must be a final judgment. unless such party afterwards. irresistible habit. CONCEALMENT OF PREGNANCY: Concealment must be done in bad faith. Concealment of drug addiction. Concealment of the wife of the fact that she was pregnant at the time of marriage by another man.
Must exist at the time of the marriage. intimidation or undue influence disappeared or ceased. Does not nurture a natural and wholesome family.Can originate from a psychological problem. etc. Party to file the suit: Within 5 years after the marriage ceremony . 48: In all cases of annulment or declaration of absolute nullity of marriage. NO RATIFICATION by cohabitation Rule of triennial cohabitation: presumption of impotence arises when wife remains a virgin after 3 years from the time of marriage. such party thereafter freely cohabited with the other as husband and wife. That either party was physically incapable of consummating the marriage with the other. Organs for conception not necessary because there is still passion.*Does not need to get drunk all the time. Ratification: Cohabitation after the cause of the vitiated consent ceases. . Ratification: Cohabitation after the innocent spouse has full knowledge of the facts constituting the fraud .Permanent inability on the part of one of the spouses to perform the complete act of sexual intercourse (must be incurable). unless the same having disappeared or ceased. Exception: Sterility is not considered impotency because he can still engage in sexual coition. That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable Art. . health. CONCEALMENT OF GENDER PREFERENCE: considers the effect on the injured spouse in performing his/her marital duties. which affects the physical. That the consent of either party was obtained by force. 6. 5. . Mental fitness.Intimidation is when there is a reasonable and well-rounded fear of an imminent and grave evil upon his person or property. .Violence here may be physical or moral.May be caused both by husband and wife. intimidation or undue influence. . and such incapacity continues and appears to be incurable Party to file the suit: Injured party within 5 years from the time the force. the No ratification by cohabitation The state will ensure the prevention of collusion between the parties (who 4. the habit of becoming periodically drunk and being unable to resist when the opportunity arises.
If none then they shall be supported from the absolute community of property or conjugal partnership of gains. partition and distribution of the properties of the spouses. .) .In all other cases of a void marriage the property regime will be governed by Art. - - Article 43: effects of termination of subsequent marriage (liquidation. the Court shall provide for the support of the spouses and the custody and support of their common children. 50: The effects provided for by paragraphs (2).Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed In the cases referred to in the preceding paragraph. no judgment shall be based upon a stipulation of facts or confession of judgment Art. donation. insurance. The court may however make the necessary adjustments in case the agreement is inadequate. The final judgment in such cases shall provide for the liquidation. It shall also provide for appropriate visitation rights of the other parent. 49: During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses. The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided to in Title IX. unless such matters had been adjudicated in previous judicial proceedings. the custody and support of the common children. (4) and (5) of Article 43 and by Article 44 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45. inheritance) Article 44: Both spouses of the subsequent marriage are in bad faith the marriage shall be void Article 40: Final judgment declaring a marriage was void for a subsequent marriage. if the marriage is deemed to be void then the one who got support should return it with legal interest to the person who furnished support since such person was not entitled to the support there being no marriage. (Thus any marriage prior to the 15 days may be considered bigamous since the marriage is still subsisting at that time. While trial is on going the support of the spouses and custody of the children shall be governed by whatever agreement the parties have made. and the delivery of third presumptive legitimes. 148 (properties acquired through joint contributions only and divided in proportion to their contributions) *The judgment and decree of nullity or annulment will become final upon the expiration of 15 days from the receipt of the parties of the decision. Art. 147 (wages and salaries owned by them in equal shares property governed by co-ownership) Art. All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings - may make up a ground to annul the marriage) and to ensure that the evidence is not fabricated No judgment shall be based on a confession and a stipulation of facts only. (3). * In nullity cases. disposition.
. the value of the presumptive legitimes of all common children.for liquidation. 51: In said partition. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate. girlfriends. (Exclusive list) Violence Against Women and Children (VAWC RA 9262): includes spouse. If A husband of B dies. merely a separation of bed and board. computed as of the date of the final judgment of the trial court. 36 or 53 child will be illegitimate (the subsequent void marriage even under these articles will not legitimate them) LEGAL SEPARATION: Does not affect the marital status of the couple. . • In the event that the either or both parents die later on the presumptive legitime given is considered an advance on their legitime and are just given the remaining balance due them. their child C will inherit a legitime from A’s properties. Art. 40. Men can file on behalf of children. which cannot be disposed of because the law has reserved it for certain compulsory heirs. Ex. had already provided for such matters. the presumptive legitime is not delivered. Art. by mutual agreement judicially approved. In the partition. The children or their guardian or the trustee of their property may ask for the enforcement of the judgment. The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either of both of the parents. * The children or the guardian may seek the enforcement for the delivery of the presumptive legitime.Generally. Presumptive Legitime: Part of the property of the testator. The decree of annulment or nullity of marriage provides for the delivery of the presumptive legitimes this is in order to protect the legitime of the children from subsequent marriage. In this case there is no death thus the legitime is presumed (what A’s properties would be if he died at this time) and that is what is given to C. property or sound securities. shall be adjudicated in accordance with the provisions of Articles 102 and 129. but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitime. children conceived and born outside a valid marriage or inside a void marriage are illegitimate except those coming from a marriage void due to psychological incapacity and those due to lack of judicial decree of nullity or liquidation or dissolution of property. • In void marriages other than that provided for in Art. unless the parties. the conjugal dwelling and the lot on which it is situated. shall be delivered in cash. and even one-night stands (level of intimacy). * If the child is conceived prior to the marriage and the marriage is terminated under Art. 54: Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. Many articles of VAWC encompass legal separation and if this is so the required cooling off period is no longer necessary.
pardoned . It can be against anyone.There should be unity in the family and thus *Enforce human rights through acceptance of compel the petitioner to change religious or the couple should learn to live with each the other’s right political affiliation other’s political ideas.Continued indifference or aversion to spouse and persistent neglect of duties incident to marital relation. . to engage in prostitution. Repeated physical violence or grossly severity but by the frequency. or a child of the emancipated. . sexual infidelity). Article 55: Happens after marriage ceremony Physical violence here is measured not by the * Does not include a ground for legal 1. Grossly abusive conduct need not be repeated Art. 2.The children included in VAWC are those under the care of the women even those of the respondent’s child from a previous marriage. .The fact that the crime had been pardoned doesn’t matter as long as there is a final judgment. 3. . 4. a common child. However if it is separation when the respondent-spouse abusive conduct directed against the not repeated or is not physical violence it may inflicts violence on his/her own child from a petitioner. or . previous marriage but may cause to suspend petitioner or terminate parental authority. 5. which do not fall under prostitution. Physical violence or moral pressure to . even psychological violence (bigamy.The children here may or may not be * Other forms of corruption can fall under grave the petitioner. even if spouse.Other acts of corruption. .The extent and nature of such is the same. Attempt of respondent to corrupt or induce . .The corrupt act here refers to prostitution connivance in such corruption or inducement only. etc. Drug addiction or habitual alcoholism of the . Final judgment sentencing the respondent to . abuse of conduct petitioner. 231 (1): Parental authority can be but more of a serious act: rely on suspended when the parent treats the child proportionality and abusive conduct to what with excessive harshness or cruelty was committed.The crime need not be against the other imprisonment of more than six years. or a child of the be considered as grossly abusive conduct. a mere attempt is enough the respondent need not be successful at the corruption or inducement.Included as part of VAWC such as corruption (#3) included as violence.There is no cause of action when the child involved is that of the respondent from another marriage.Use of offensive and abusive language with intent and fixed purpose of causing unhappiness. a common child.
the other spouse can be disinherited even if there is no legal separation case filed) Willfully left the dwelling without intention of returning. *Whether the marriage was done in the Philippines or abroad is immaterial. Attempt by the respondent against the life of the petitioner 10.Must engage in homosexual acts . the term "child" shall include a child by nature or by adoption Article 56: Denial of legal separation if they fall on the following grounds 1. For purposes of this Article. . Sexual infidelity or perversion Exception: If the wife condones sexual perversion with her husband then it cannot be a ground for legal separation. repeats the offense then can still file for legal separation.Sexual perversion can be done to ones own wife. *There must be a wrongful intent to desert.Considered as a form of cruelty or mental anguish .Must come from an evil design or unlawful cause . Where the aggrieved party has condoned the offense or .respondent 6.Not looking for an erring wife after she commits condonation the guilty spouse an offense does not mean forgiveness. . Exception: when it is for self-defense (or some other justifiable reason) Exception: Spouse caught the other in flagrante delicto 9. 8.Illegally contracting a marriage despite full knowledge that the first marriage still validly exists or without obtaining a judicial declaration of presumptive death. preponderance of evidence is enough.Other acts of sexual infidelity short of concubinage and adultery are enough as long as they constitute a clear betrayal of trust. . year. . (If there is a criminal conviction. Where there is connivance between the parties in the . Where the aggrieved party has consented to the Either spouse agreed or did not object to the commission of the offense or act complained of offense BEFORE it was committed. Lesbianism or homosexuality of respondent 7. Abandonment of petitioner by respondent *If there is an unjustifiable for leaving then it is without justifiable cause for more than one not considered abandonment. 3.Where the spouses agree that one spouse will commission of the offense or act constituting the ground for commit the offense to give grounds for legal .No need for any criminal conviction. continued for the statutory period.May be expressed or implied forgiveness Exception: if after the act complained of . Respondent contracts a subsequent bigamous marriage as those in annulment cases but such grounds may exist even after the marriage ceremony unlike annulment. 2.
Where one of the parties employed a 3 party to induce the other spouse to commit the offense to give grounds. However whether or not the defendant files an answer or not there should be no hearing on the merits by the court until after a 6-month cooling-off period is terminated. they should be considered as having acted in good faith.Corrupt agreement . They cannot be forced to live together. despite such efforts. rd . Where there is collusion between the parties to obtain decree of legal separation 6. . Even if the party answers the fiscal is still mandated to make sure there is no . Art.From the time the act occurred not the discovery of the cause of action. .The defendant is required to answer the petition 15 days from the date of the receipt of the complaint.In collusion the couple makes it appear that there is a ground for legal separation but actually there is none. Art.When two persons acted in bad faith.legal separation 4. . the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed. Where both parties have given ground for legal separation 5. . *Other incidents may be heard during the 6-month period such as support and custody. In any case. 58: An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition separation. Where the action is barred by prescription Art. .An action for legal separation must be filed within 5 years from the occurrence of the cause. 60: No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment. * However even if there is no trial the couple may choose not to live together. . 59: No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied.The court must try to salvage the marriage by taking steps towards reconciliation. * If the case is vehemently opposed and contested and it is clear that the litigation is a no-holds barred contest and not collusion the nonintervention of the prosecuting attorney is not fatal to the Art. 57: An action for legal separation shall be filed within five years from the time of the occurrence of the cause *Failure to observe the 6month cooling off period is a ground to set aside a decision granting legal separation.Corrupt consenting . that reconciliation is highly improbable. - - If the defending party fails to answer he or she cannot be defaulted and the court shall order the prosecuting attorney to investigate whether there is collusion or not between the parties.The act need not actually happen .
Art. 62: During the pendency of the action for legal separation. The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership. The spouses shall be entitled to live separately from each other.Though the spouses are entitled to live separately the marriage bond shall not be severed. Art. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court. as well as the designation of the latter as beneficiary in any insurance policy. The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. the offending spouse shall have no share or right to the profits earned and shall be forfeited in favor of the common children if none the children of the guilty spouse if none then to the innocent spouse. The revocation must be made within 5 years from the time the decree of legal * No children below 7 years old shall be separated from the mother unless the court finds compelling reasons to order otherwise (Tender Years Doctrine) . the court shall designate who shall administer the properties (it can be a third person). Art. Moreover. even if such designation be stipulated as - collusion and that the evidence is genuine. validity of the proceedings. the court will provide for the support and custody. but the marriage bonds shall not be severed. 63: The decree of legal separation shall have the following effects: 1. shall designate either of them or a third person to administer the absolute community or conjugal partnership property. subject to the provisions of Article 213 of this Code. . the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of the common children. 64: After the finality of the decree of legal separation. The law gives the option to innocent party whether to revoke or not the donation of the guilty party in an insurance. In the absence of a written agreement between the spouses.The property shall be liquidated. provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. 49: During the pendency of the action and in the absence of a written agreement. Art. 2. . 3. which shall be forfeited in accordance with the provisions of Article 43(2). The custody of the minor children shall be awarded to the innocent spouse. in the absence of a written agreement between the spouses. .Art. and 4. the spouses shall be entitled to live separately from each other The court.The offending spouse shall be disqualified from inheriting form the innocent spouse by intestate succession furthermore provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. They are still married to each other. 61: After the filing of the petition for legal separation. the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse. * Death of the plaintiff before the final decree in an action for legal separation terminates the case.The innocent spouse shall generally have custody of the children however the major consideration is always the paramount interest of the children. .
66: The reconciliation referred to in the preceding Articles shall have the following consequences: 1. shall thereby be terminated at whatever stage.Generally the law provides that one can only fix the property regime before the marriage celebration but the rules now set forth that the adoption of another property regime can be made aside from that which they had previously existing during their marriage. Art. liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The final decree of legal separation shall be set aside. The court's order containing the foregoing shall be recorded in the proper civil registries. . The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured The action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation become final. . but the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist. * The revocation of or change in the designation of insurance beneficiary shall take effect after written notification to the insurer not the insured since it makes more sense however the law states notification should be given to the insured thus that should be followed. if still pending. EFFECT OF REVIVAL: 1. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. and 3.Separation of properties will still subsist. Those to be retained as separated properties of each spouse. The names of all their known creditors. if the decree has been issued then it shall be set aside. 65: If the spouses should reconcile. If creditors are not notified then they can collect from properties co-owned. separation has become final. Art. Alienations. unless the spouses agree to revive their former property regime. 3. If the case is still pending then it shall be terminated. 2. but the parties can enter into an agreement to revive the prior property regime. Art. a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation. If creditors are notified but they don’t file they cannot get from the properties that will be placed in co-ownership in the revival. 67: The agreement to revive the former property regime referred to in the preceding Article shall be executed under oath and shall specify: 1. - * The creditors should be informed of the changes with regard to the property etc. and 2. . 4. If creditors are not notified but there are separate properties they can’t get from coowned properties. The legal separation proceedings. their addresses and the amounts owing to each. The properties to be contributed anew to the restored regime 2. If creditors are notified they should file opposition on properties if they have debts that should be paid by either spouse.irrevocable.
Any person who inserts penis into oral or anal orifice. REBUT: 1. unless the debtor-spouse has sufficient separate properties to satisfy the creditor's claim. Woman has certain rights and liberties. machinations or grave abuse of authority. Man and woman become 1 so man cannot rape himself 2. intimidation or threat. • A husband can be liable for raping his wife however the subsequent forgiveness by the wife to the offended party shall extinguish the criminal action. where parties intend to have their The court may exempt one spouse from living permanent residence.The domicile of natural persons is the family domicile. the court shall. the place of their habitual residence. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE Art. observe mutual love. Even if none of the circumstances are present if woman is below 12 or demented. . 69: The husband and wife shall fix the . 3. The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not notified. court shall decide.A court cannot compel the spouses to live together. when she is deprived of reason or consciousness.The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for legal separation. Marriage contract means wife consents to all and any sexual intercourse with husband. In case of disagreement. Art. 2. . Absolute consent is not sound since marriage itself is revocable. 2.Procreation is also an essential marital obligation. which separate her from the man. in its order. After due hearing. Committed by a man against a woman who shall have carnal knowledge of her through force. with copies of both furnished to the creditors named therein. * Remedy if other spouse is not living with you: seek relief from court so that you do not have to give him support. respect and based on their whims and caprices fidelity. respect and fidelity. observe mutual love. take measure to protect the interest of creditors and such order shall be recorded in the proper registries of properties. 68: The husband and wife are obliged to Reason: So couples wont abandon each other live together. . Any person who inserts any foreign object into genital or anal orifice (rape can be committed against a man) 4. RAPE: 1. and render mutual help and support. BEFORE: Matrimonial exemption from rape 1.
and In case of disagreement between the husband and the wife the court shall decide. 73: Either spouse may exercise any legitimate profession. . business or activity without the consent of the other. dishonor or injury to the other or to the family.The spouse not living in the domicile must prove the intent of husband is for solidarity of family.VAWC: If husband prevents you from doing a right then punishable by law. 70: The spouses are jointly responsible for the support of the family. EXPENSES FOR SUPPORT AND OTHER CONJUGAL OBLIGATIONS: 1. serious. In case of disagreement. from the income or fruits of their separate properties.Based on presumption. . The expenses for such management shall be paid in accordance with the provisions of Article 70. separation of property to become sole administrator of property. In case of insufficiency or absence of said income or fruits. such obligations shall be satisfied from the separate properties. such exemption shall not apply if the same is not compatible with the solidarity of the family. the court shall decide whether or not: 1. Psychological incapacity 3. the aggrieved party may apply to the court for relief. From the community property 2. However. in the absence thereof. 71: The management of the household shall be the right and the duty of both spouses. occupation. . . Petition for receivership judicial. serious. 72: When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger. If insufficient or absent from the separate properties themselves. - Exceptions: For the separate properties to be liable the other spouse must have no knowledge of the immoral activity and therefore could not give an objection even if benefit accrues to the family. Art. The objection is proper. despite objection (before or after) it will still go to family. Exception liability against separate property: If the creditor did not know of the immoral activity . and on moral grounds at the same time. Legal separation 2. Shall be the right and duty of both spouses regardless of what the property regime is.In the event that one of the spouses neglects his or her duties or commits acts that endanger or dishonor the family the aggrieved party may apply to the court for relief. The expenses for such support and other conjugal obligations shall be paid from the community property and. . and moral grounds.with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. Art. FORMS OF RELIEF: 1. Art.The objection must be all valid. The latter may object only on valid. Art. In absence thereof income of fruits of the separate properties 3.
74: The property relationship between husband and wife shall be governed in the following order: 1. By the provisions of this Code. can get from co-owned 3. If the benefit accrued prior to the objection. If the benefit accrued prior to the objection.2. * If the marriage settlement does not particularize any valid property regime such provision is void and thus the absolute community of property shall prevail. they must EFFECT OF NO MARRIAGE SETTLEMENT: 1. and made prior to the celebration of the marriage if it is not in writing it shall be unenforceable. EFFECT OF MARRIAGE SETTLEMENT: 1. If it is an isolated activity—contract— without consent of other spouse. Marriage Settlements: must be in writing signed by the parties. By marriage settlements executed before the marriage. Spouse’s job redounds to the benefit of the family thus obligations can be satisfied from the conjugal property. If the mortgage was registered then the new spouse’s property will also be liable. If the mortgage was not registered the new spouse will not be liable but the mortgage will be impaired and the debtor spouse will loose the right to make use of the period. creditor can’t get from co-owned 2. . 3. If marriage settlement is not registered. and 3. *Marriage settlement must be fair.If there is no marriage settlement agreed upon or if the same is void. By the local custom. Benefit has occurred to the family prior to the objection or thereafter. creditor can collect from conjugal properties. then the absolute community of property will prevail. 2. Property in marriage settlement is registered did not redound to family. 2. . Obligations incurred before or after the marriage but redounding to the benefit of the family shall be charged to the conjugal properties 2. If redounded to benefit of family can get from co-owned even if not registered. The foregoing provisions shall not prejudice the rights of creditors who acted in good faith. • Must give new securities so as not to loose the period. the conjugal spouse can’t be liable GENERAL RULE: 1. - or thought it was to be used for a legitimate business. the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent. the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent. PROPERTY RELATIONS Art.
77: The marriage settlements and any modification thereof shall be in writing.Art. signed by the parties and executed before the celebration of the marriage. subject to the provisions of . An 18-year-old person deciding to get married can execute a marriage settlement without obtaining consent. Article 76: Modifications in marriage settlement must be made before the celebration of the marriage. 75: The future spouses may. the system of absolute community of property as established in this Code shall govern.Now a minor or a person below 18 years old cannot contract to a marriage. In the absence of a marriage settlement. in the marriage settlements. Art. complete separation of property. They shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties. .If a marriage settlement is absent or property regime agreed upon is void. but they shall be valid only if the persons designated in Article 14 to give consent to the marriage are made parties to the agreement. or any other regime. (Oral marriage settlement is VOID) Exception under Article 66 and 67: Revival or adoption of new property regime when those legally separated have reconciled. exercise good faith in contracting the marriage settlement. Exception under Article 128: in case of abandonment of a spouse other spouse can petition for receivership or administration of properties or judicial decree of separation of properties Exception under Article 135: Further grounds for judicial separation of property Exception under Article 136: voluntary and verified petition in court of both spouses to modify regime into separate community of property regime. Art. LOCAL CUSTOMS: rule of conduct formed by repetition of acts uniformly observed as a social rule. or when the regime agreed upon is void. conjugal partnership of gains. 78: A minor who according to law may contract marriage may also execute his or her marriage settlements. Absolute community of property will govern. . However if the agreement is not fair as long as the disadvantaged spouse shows that he/she understood it then the marriage settlement shall be maintained. agree upon the regime of absolute community. legally binding and obligatory.
Title IX of this Code. Art. 79: For the validity of any marriage settlement executed by a person upon whom a sentence of civil interdiction has been pronounced or who is subject to any other disability, it shall be indispensable for the guardian appointed by a competent court to be made a party thereto. Art. 80: In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence This rule shall not apply: 1. Where both spouses are aliens; 2. With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located; and 3.With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity. Art. 81: Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage, including donations between the prospective spouses made therein, shall be rendered void if the marriage does not take place. However, stipulations that do not depend upon the celebration of the marriages shall be valid. VOID MARRIAGE SETTLEMENTS ARTICLE 76
- It is mandatory that a person with civil interdiction must have a guardian appointed by the court to be involved in making the marriage settlement CIVIL INTERDICTION: deprives the offender during the sentence, rights in marriage, parental rights, and administration of property. Extrinsic validity: The form of the contract has to follow whatever is the law in the country for changes to be made (change title etc.)
- The reason for the marriage settlement is the marriage itself thus if it does not take place the marriage settlement shall not be valid. - The provisions in a marriage settlement are separable thus if there are provisions which are invalid then only the invalid provisions will be ineffectual while the rest will be enforced.
* Donations in marriage settlements are revoked by operation of law.
Those not written, signed and made before the celebration
Article 80 Article 81
Those that stipulate that neither local custom nor absolute community of property will govern without stipulating any other kind of property regime. Those made by a person upon who a sentence of civil interdiction is given Those stipulated in marriage settlement or contracts made in consideration of marriage (donations) will be void if marriage does not take place - Only needs to be registered in order to bind third parties. If registered, third parties cannot go after conjugal property If there is no marriage settlement: 1. If property is registered then spouse is bound by mortgage 2. If property is not registered then property is impaired and the debtor looses period of loan.
Exception: unless a guardian appointed made by a competent court is made party thereto Exception: stipulations that don’t depend on the celebration of the marriage shall remain valid.
Effects on creditors Marriage settlements No marriage settlements: Absolute community of property.
Exception to third party rule: If indebtedness benefited to the family then can go after community of property. Exception to impairment of property: if debtor immediately gives new property equally satisfactory or get consent of X to the security or collateral already established, then he does not loose period of loan. Procedure--Movable: 1. Accepted personally or representative 2. Made in lifetime of donor and donee 3. Can be orally given as long as with simultaneous delivery or document representing right of donated (if above 5000 then must be in writing) Procedure--Immovable: 1.must be in public document 2. Acceptance made in that document or separate 3. Must be made in lifetime of donor.
DONATIONS Art. 82: Donations by reason of marriage are those, which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. Art. 83: These donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code, insofar as they are not modified by the following articles. Art. 84: If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void.
DONATIONS PROPTER NUPTIAS: 1. Donations are to be made prior to the celebration of marriage 2. Must be made in favor of 1 or both of the spouses. Can be made by a third party in the settlement. Donation between spouses: 1. A valid marriage settlement must stipulate another regime than Absolute Community of Property (ACP) 2. Donation cannot be more than 1/5 of the present property of the donee spouse. 3. Must be accepted and comply with other. Exception: 1/5 rule will not apply if donation is in a separate deed, provided he has enough to support himself and those relying on him.
Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills.
DONATIONS EXCLUDED: 1. Made in favor of the spouses after the celebration of the marriage 2. Executed in favor of the future spouses but not in consideration of marriage 3. Granted to persons other than the spouses even though they may be founded on the marriage. ENCUMBRANCE: Anything that impairs the use or transfer of property (burdened) - If the object of the donation is encumbered it is still valid but the donee’s rights are still subject to the encumbrance. IN CASE OF ENCUMBRANCE OF PROPERTY: 1. Donee wont be liable for insufficiency of property to creditor. The donor will still be liable for that. 2. Donee can keep excess if property more than satisfies the debt. 3. Donee cannot ask for reimbursement from donor if mortgage is foreclosed. - But wont be liable for deficiency, and gets the excess if sold for more than amount. 1. Marriage is not celebrated or is void ab initio (including art. 52-53) Prescription: - Marriage is void: 5 years from Judicial Declaration of Nullity (if doesn’t want to give it back, prescribe after 8 years for movable, 30 years for immovable) - Marriage not celebrated: 5 years from when it was not celebrated 2. Marriage takes place without consent of parents Prescription: - 5 years from the time he had knowledge that consent
Article 85: Donations by reason of marriage of property subject to encumbrances shall be valid. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured, the donee shall not be liable for the deficiency. If the property is sold for more than the total amount of said obligation, the donee shall be entitled to the excess.
Art. 86: A donation by reason of marriage may be revoked by the donor in the following cases: 1. If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81; 2. When the marriage takes place without the consent of the parents or guardian, as required by law; 3. When the marriage is annulled, and the donee acted in bad faith; 4. Upon legal separation, the donee being the
Exception: If the donation is in the marriage settlement it will be revoked by operation of law. Exception: If the marriage is void due to Article 40, or Article 44, then automatically revoked
5 years from finality of decree. H dies and donates to S his property. H is married to W and has a son S. between the spouses during the marriage shall be void. 5.Donee commits an offense against the person or property of the donor. Acts of ingratitude: . . 6. To the parents of the other spouse 4.guilty spouse. was not obtained. The prohibition shall also apply to persons living together as husband and wife without a valid marriage. Art. When there is a resolutory cause and the condition has been complied with Prescription: 5 years from the happening of the resolutory condition. Exception: between husband and wife prescription does not run. after the marriage. To common adopted child who has no other compulsory and or legal heirs. RESERVA TRONCAL: the ascendant who inherits from his descendant any property which the later may have acquired by gratuitous title from another ascendant or sibling is obliged to reserve such property for the benefit rd of relatives within the 3 degree and who belong to the same line. Void Donations: (considered indirect donations to the spouse) 1. except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general. S dies without any heirs and thus the property goes to W. 4.Donee imputes to the donor any criminal offense involving moral turpitude unless it is against the donee . . Upon legal separation when donee is the guilty spouse Prescription: . Prescription: . To the other spouse’s adopted child 5.Donee unduly refuses to support donor when he is legally or morally bound to give support. To a common child who has no compulsory or legal heirs 3. 3. After which. H has a brother B. If it is with a resolutory condition and the condition is complied with.1 year from the time the donor had knowledge of the fact of ingratitude . To a stepchild who has no compulsory or legal heirs 2.Under the last sentence of Art. direct or indirect.Validity of donation or transfer cannot be challenged by anyone unless those that will be affected by the donation. 87: Every donation or grant of gratuitous advantage. Exception: if the ground for legal separation is infidelity in the form of adultery or concubinage it will be automatically void. 6.What constitutes a moderate gift depends on the financial capacity of the donor. . 87it must be shown that the donation was made at a time when they were still living together as husband and wife without the benefit of marriage. or children . Ex. his wife.
Must be a valid donation (cant be donation made by one spouse to another) 2. Taxes & expenses for preservation during marriage of separate property used by family 6.However if exclusive property is used to purchase something else such property becomes part of ACP 1. fines for crimes/quasi Liquidation process Termination: Art. or after the marriage has been dissolved or annulled. either spouse may.Property acquired by either spouse who has legitimate descendants and the fruits of that property *Winnings from gambling (losses borne by looser) Notes Art.Same proceeding as settlement of estate. liens. Property Regime Absolute community of property Art. and effects without judicial separation or dissolution or annulment of marriage – shall appear in a public instrument (creditors may rescind waiver up to extent Charges Article 94: 1. D & O without consent but redounded.provided in marriage settlement 2. Death . 97: Either spouse may dispose by will of his or her interest in the community property. shares. interests. Expenses for selfimprovement or profession. * No waiver of rights. common & legitimate children) . Spouse shall liquidate property if no judicial settlement proceeding within 1 . make moderate donations from the community property for charity or on occasions of family rejoicing or family distress Article 99: 1. When the waiver takes place upon a judicial separation of property. Support (spouses. for the commencement of the community regime at any other time shall be void (Default regime if nothing stipulated – exception: subsequent marriage after death will automatically be CSP if there was no proper liquidation of the properties of the previous marriage) What included All properties owned before and after. without the consent of the other. 4. The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits. Donation made by both spouses for children to pursue vocation or selfimprovement 9. Expenses for community property (taxes. administrator.If W dies the property does not go to her heir but to B so that the property stays in the same line of the original owner (once owed by H) and is within the third degree of S. Debts & obligations made by both. Personal and exclusive use of either spouse (except jewelry) .Even beyond age of majority 2. Art. What excluded Article 92: 1. Antenuptial debts redounding to family 8. For illegitimate children. 88: The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property. Art. or with consent of other spouse (even if did not redound) 3. 98: Neither spouse may donate any community property without the consent of the other. 89: No waiver of rights. unless it is proved that it is one of those excluded therefrom. charges) 5. the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. However. express or implied. 7. Any stipulation. Art. 91: Unless otherwise provided in this Chapter or in the marriage settlements.Property acquired by gratuitous title including the fruits and income UNLESS the guarantor expressly said they will form part of ACP . the same shall appear in a public instrument and shall be recorded as provided in Article 77. 93: Property acquired during the marriage is presumed to belong to the community.
However. (Advances) 10. 95: Whatever may be lost during the marriage in any game of chance. Inventory (separate and community) 2. D&O of ACP shall be paid out. Exclusive prop delivered. whether permitted or prohibited by law. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. of the debt) Art. Annulled or void (governed by art. year.Art. In the absence of such authority or consent. betting. Expenses for litigation * Solidary liability does not include ante-nuptial debts not redounding. the other spouse may assume sole powers of administration. Delivery of presumptive legitimates 6. Art. 90: The provisions on coownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter. Conjugal dwelling with spouse with most children . or any other kind of gambling. the husband's decision shall prevail. Legal separation 4. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties. Reappearance of a spouse presumed dead. 4. the transaction shall be construed as a continuing offer on the part of the delict in case of insufficiency. the disposition or encumbrance shall be void. 96: The administration and enjoyment of the community property shall belong to both spouses jointly. In case of disagreement. which must be availed of within five years from the date of the contract implementing such decision. 3. Net remainder of ACP divided equally unless different proportion in settlement or waiver. Judicial separation of property 6. 5. support of illegitimate. sweepstakes. Procedure: Article 102: 1. liabilities thru crime/delict. shall be borne by the loser and shall not be charged to the community but any winnings therefrom shall form part of the community property. 2. 147 & 148 except if void under Article 40) 5. in case of insufficiency solidarily liable with separate property. After 1 year cannot make encumbrance on property. subject to recourse to the court by the wife for proper remedy.
Abandonment is different from separation in fact. which will redound to the benefit of the family. BUT if wife ratifies contract express or implied cant annul anymore. Husband decision prevails subject to recourse of wife within 5 years from date of contract implementing decision.If disposition is made without knowledge or consent of other person no prescription. 3.If the spouse left with a valid cause he or she can still be supported from the ACP.When the consent of one spouse to any transaction of the other is required by law. .Only the present spouse is given standing by the law to file a petition to encumber or administer the property of the other spouse. Abandonment has to do with total abdication of all marital and parental authority. shall not have the right to be supported. without just cause. judicial authorization shall be obtained in a summary proceeding. . * Spouses administer and enjoy property jointly. the separate property of both spouses shall be solidarily liable for the support of the consenting spouse and the third person. In the absence of sufficient community property. . .Even the guilty spouse can compel the sale of property. 100: The separation in fact between husband and wife shall not affect the regime of absolute community except that: 1. . 2. . .The spouse who leaves the conjugal home or refuses to live therein.The ACP can still be liable for obligations incurred by the separating spouse that may redound to the benefit of the family.ACP SEPARATION IN FACT: Art. and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.
subject to such precautionary conditions as the court may impose.Legal Separation 3. Art. 3. 4. both or either spouse with consent of other.D&O without consent of other but redounding. the aggrieved spouse may petition the court for receivership. upon proper petition in a summary proceeding. Annulled or declared void. 108: The conjugal partnership shall be governed by the rules on Article 121: 1. Acquired by .Those acquired by gratuitous title their efforts or chance .D&O by admin. followed by prolonged absence without just cause. Brought into the fruits and income marriage as his or her from their separate own properties 2.Should not only be physical but also financial and moral desertion.Honorarium (given in ABANDONMENT: Implies a departure by one spouse with the avowed intent never to return.support of spouse common and legitimate children 2. A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning.By way of . Conjugal Partnership of Gains: Art. for judicial separation of property or for authority to be the sole administrator of the absolute community. Art. 1.Judicial Separation Article 127 and 128: . The obligations to the family mentioned in the preceding paragraph refer to marital. parental or property relations.Income and fruits by succession gratuitous title (diff .Proceeds. Termination: Article 126: 1. The spouse present shall.Death 2. be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter's share. products. The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling. 105: In case the future spouses agree in the marriage settlements that the regime of conjugal Art.ACP family. . Article 106: Article 109: . 101: If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family. 107: The rules provided in Articles 88 and 89 shall also apply to conjugal partnership of gains.
Annuity: retirement on an annuity (received as a matter of right) -Pension: service previously rendered for which full and adequate compensation was not received at the time. (Same .taxes and expenses for preservation of separate property (no need for use) 6. 5.exclusive prop delivered 6. CPG pays: -Fines. Acquired by appreciation for services rendered) 3. 2. debts before the -Provisions on separation in fact and abandonment has the same application as in ACP article 100 and 101. .Net remainder to be divided (unless MS or waiver) 8. administration and enjoyment of their exclusive properties. possession. *Onerous donations *Designated share in donation *Gratuity (amount given by jobs for previous work) Art. Excess livestock (those brought in to the marriage by one will reimbursed 7.Reimbursement to the spouses. Share in hidden treasure 5. or civil due received during marriage from common prop .Conjugal dwelling Article 130: in case of death the liquidation proceeding will be in the same proceeding as the settlement of the estate of the deceased. the provisions in this Chapter shall be of supplementary application. The provisions of this Chapter shall also apply to conjugal partnerships of gains already established between spouses before the effectivity of this Code. Presumption is that all property acquired during marriage even if in the name of one spouse is conjugal unless otherwise from ACP) . exchange . Bought with exclusive money of either spouse.expenses for spouse for profession or selfimprovement.expenses of litigation between spouses Not to be paid by cpg: Article 122: -Payment of personal debts contracted by the husband or wife before or during the marriage unless they redounded to the benefit of the family. during the marriage.Inventory of separate and conjugal prop 2. 121. and no property or insufficient. natural.D&O paid out by CPG. Acquired by right of redemption. any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation of the partnership.Payment of advances 3. transfer the administration of his or her exclusive property to the other by means of a public instrument.Either spouse can transfer admin of prop to other spouse thru public instrument. Article 117: 1. Procedure: Article 129: 1. *Properties brought into the marriage by the contracting parties belong to each of them exclusively. 4. 8. 9. industrial.Net fruits of exclusive property BUT personal damages are not conjugal. the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage settlements. Art. However. 7. Obtained by labor or industry or work 3.partnership gains shall govern their property relations during marriage. 4. fines and indemnities imposed support of illegitimate children can be paid by the assets AFTER the payment of obligations provided in Art. as provided in Article 256. If charges are paid. Fishing and hunting 6. 110: The spouses retain the ownership. But at the time of liquidation the spouse who used such funds will be charged. insufficiency solidarily liable. 4. 118: Property bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal funds belongs to the buyer or buyers if full ownership was vested before the marriage and to the conjugal partnership if such ownership was vested during the marriage.loss or deterioration of movables paid from CPG 7. In either case.expenses for conjugal prop (taxes. liens) 5. Prohibition on waiver. which shall be recorded in the registry of property of the place the property is located.donation of both for children for profession or self-improvement. Acquired by onerous title using common funds.Delivery of presumptive legitimes 9.Even if money used to redeem is conjugal (reimbursement) 4. barter. Either spouse may. without prejudice to vested rights already acquired in accordance with the Civil Code or other laws.Antenuptial debts redounding to family. Fruits.
Property bought on installment partly from exclusive and partly from conjugal: when title was vested will govern. marriage -Support of illegitimate *Subject to reimbursement (ACP no need to pay out all charges first) Article 120 1. administration and enjoyment of their exclusive properties. engaging in litigation. possession and enjoyment of their exclusive properties.provided. or any other kind of gambling whether permitted or prohibited by law. entire property will be conjugal –reimburse spouse. but from this shall be deducted that amount received for support which exceeds the fruits or rents pertaining to them. . and collection of fruits. administration. 2. CPG Art. 110: The spouses retain the ownership.If improvement made by cp is more than value of the property. Each spouse is to retain ownership. Administration includes entering into contracts. then reimburse (Art. 133: From the common mass of property support shall be given to the surviving spouse and to the children during the liquidation of the inventoried property and until what belongs to them is delivered. - Art. chance Property bought before but title registered after marriage: still considered exclusive property even if spouse is made co-owner in title (considered a trust) Separate property plus conjugal funds to buy a new property: new property will be considered conjugal. If amount is not more than it will still be separate property subject to reimbursement to CPG. (Ownership will vest upon reimbursement) application as in ACP article 103) Art. shall be borne by the loser and shall not be charged to the conjugal partnership but any winnings therefrom shall form part of the conjugal partnership property. 119) Principal payments and interest paid to a spouse during marriage: principal amt is exclusive while interest is conjugal. sweepstakes. possession. 123: Whatever may be lost during the marriage in any game of chance or in betting.
D donates land to H and W who are married. the terms ½ or in equal shares does not make it divided). whenever they have been advanced by the conjugal partnership of gains. CPG profits and income arising from separate property. Art. without the consent of the other spouse. as the age of marriage is also the age of emancipation. 112: The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse. accretion will not apply. Art.CPG Either spouse may. which shall be recorded in the registry of property of the place the property is located. . jointly and with designation of determinate shares. transfer the administration of his or her exclusive property to the other by means of a public instrument.In the case of wills for accretion to take effect. annuities. and in the absence of designation.The owner spouse can transfer administration of the property not only to the other spouse but also to any third person without the consent of the other spouse. and appear alone in court to litigate with regard to the same. usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case. pensions. .Art. . If W does not accept the donation it will be considered added on to the share of the husband. ACCRETION: addition of property to another property General rule: in a joint donation one cannot accept independently of his co-donee unless it is stipulated or unless it is between husband and wife. the nature of the inheritance must be pro indivisio (not divided. . Thus to alienate the property he must get the consent of the administrator-spouse or court approval. D donates 1/3 to W and 2/3 to H. However if it is a specific designation such as H will get a car and W will get a horse. shall pertain to the doneespouses as his or her own exclusive property. during the marriage. 114: If the donations are onerous. 111: A spouse of age may mortgage. the amount of the charges shall be borne by the exclusive property of the donee spouse.The donor may donate whatever he wishes to whomever he wants. . 111 is no longer necessary. Art. . . without prejudice to the right of accretion when proper. share and share alike.The owner-spouse cannot revoke a judicially approved administration by the other spouse of his property by alienating it. gratuities. 113: Property donated or left by will to the spouses. Ex. Thus he may donate a piece of property to both spouses jointly or may specify how much of the property should go to the husband and how much should go to the wife. Art. alienate or otherwise dispose of his or her exclusive property. Art.If the owner-spouse alienates his property the administration by the other spouse over such property will cease and the proceeds will go to the owner. encumber. 115: Retirement benefits.
subject to recourse to the court by the wife for proper remedy. However. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties. - Any alienation made by either spouse without the consent of the other is invalid. make moderate donations from the conjugal partnership property for charity or on occasions of family rejoicing or family distress. no reason needed. which must be availed of within five years from the date of the contract implementing such decision.They own everything separately but still liable for family expenses in proportion to their income or in default thereof in proportion to separate prop. the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person. (But if reason is stated and it is against public policy the court will reject it) -Division of property must be equal unless there is a Revival: Article 141: 1. (165a) Art. Separation of property Art. In the absence of such authority or consent. In case of disagreement. without the consent of the other. 125: Neither spouse may donate any conjugal partnership property without the consent of the other. the other spouse may assume sole powers of administration. But liability to their creditor is still solidary. However. 124: The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. In case the husband disposes of property over the objection of the wife. the husband's decision shall prevail. 134: In the absence of an express declaration Article 136: Voluntary Separation -Spouses may agree on the separation of their properties with court approval. the wife may file a case to annul the entire contract or part of it.CPG Art.termination of civil interdiction 2. . These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. the disposition or encumbrance shall be void.Absentee . either spouse may.
civil interdiction 4. in the absence therein it cannot take place during the marriage except by judicial order) -May refer to present or future property or both -May be partial or total -Those not agreed as separate will be ACP Marriage without unions (governs void marriages) Article 135: Sufficient cause for judicial separation of property: 1. the provisions on complete separation of property shall apply.properties to be contributed 2.Capacitated to marry each other -Not capacitated: incestuous.names of known creditors . the separation of property between spouses during the marriage shall not take place except by judicial order. or 5 years if an administrator has been left. Such judicial separation of property may either be voluntary or for sufficient cause. In the latter case.the other is judicially declared an absentee 3. Abused power of administration 6. Requisites: 1. It may be total or partial.For those who voluntarily separated property. live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage. 138: After dissolution of the absolute community or of the conjugal partnership. Civil interdiction 2.those to be retained as separate 3. the absolute community or the conjugal partnership of gains shall be liquidated in conformity with this Code. 145: Administration is left with each spouse with regard to his/her own property without the need for the consent of the other. delivery of presumptive legitimes is not necessary. -Takes effect after judicial order of decree (not signing of agreement) -Creditors will be listed in petition and notified) -In process. Absentee spouse -2 years from last news about absentee. 142: Admin of exclusive prop of either spouse may be transferred by court to other spouse or if not qualified to another person when: 1. Such spouse is entitled to reimbursement from the other spouse). 144: Separation of property may refer to present or future property or both. Art.parental authority restored 6. the property not agreed upon as separate shall pertain to the absolute community.in the marriage settlements. bigamous marriage reappears 3. it wont affect the creditors.spouse becomes the guardian 2. 67 revival: Agreement under oath will state: 1.court satisfied that administration will not be again abused 4. During the pendency of the proceedings for separation of property. different proportion agreed in MS or waiver. Art. * Even if there is an agreement on proportion of sharing etc. Art. the absolute community or the conjugal partnership shall pay for the support of the spouses and their children. (Can be stipulated in MS which shall govern and FC will only be supplementary in nature.Resumption of common life with other spouse 5. agree to revive former property regime (but after that can’t separate property anymore) . *Art. 147: When a man and a woman who are capacitated to marry each other. Abandonment or failure to comply with his or her obligations 5. under 18. Liability of spouses to creditors to family expenses are solidary (they are both liable to the creditor for the whole amount if the creditor seeks it from one of them. against public policy. 137: Once the separation of property has been decreed. 146: Both spouses shall bear the family expenses in proportion to their income or their separate property. Earnings of each shall also belong to each spouse. Art. hiding as an accused Art 143: If the couple wants a regime of separation of property they have to enter into a valid marriage settlement prior to the marriage stipulating such regime. Art.reconciliation of those separated in fact 7.fugitive from justice. Separation in fact for at least 1 yr Art. Loss of parental authority decreed by court (termination or deprivation not mere suspension) -Over legitimate or illegitimate child whether of previous or present marriage 4.Art. 3.
Common children 2. authority of solemnizer. In the absence of proof to the contrary. In all cases. Conjugal home will be owned equally. 36: psychological incapacity Art. Property acquired with exclusive funds is owned by them exclusively 3. marriage ceremony. 148: In cases of cohabitation not falling under the preceding Article. 44: bad faith of both spouses in a subsequent marriage Art. license. 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. Waiver of common children. Structure: .their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership. *Includes marriages of psychological incapacity. descendants 3. non-liquidation of property. innocent party Void marriages included: Art. When only one of the parties to a void marriage is in good faith. Art. Requisites: . -Can alienate in favor of the other his or her share BUT can’t waive any interest in co-ownership -Void marriage: net share of bad faith is forfeited to: 1. distribution of prop. Property acquired through work or industry governed by co-ownership 4. absence of formal requisites. household) 5. the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. 53: non-liquidation. Fruits of separate property not part of coownership 6.Without benefit of marriage or under a void marriage. Absence of descendants. a 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 former's efforts consisted in the care and maintenance of the family and of the household. (Contribution can be in the form of care and maintenance of family.Cohabitation not falling under article 147. only the properties acquired by both of the parties through their Marriage without unions (governs void marriages) 2. each vacant share shall belong to the respective surviving descendants. Salaries and wages shall be owned by equal shares 2. and shall be owned by them in equal shares. such share shall belong to the innocent party. -Can’t encumber or dispose of his/her share without consent of the other or after cohabitation. reappearance of wife. dissolution. the forfeiture shall take place upon termination of the cohabitation. work or industry. In the absence of descendants.live exclusively with each other as husband and wife 3. In case of default of or waiver by any or all of the common children or their descendants. Structure: 1. until after the termination of their cohabitation. properties acquired while they lived together shall be presumed to have been obtained by their joint efforts. For purposes of this Article. without the consent of the other. Property acquired while they live together will be owned by them in equal shares. Those where there is absence of consent.
belongs to that person exclusively 3. In the absence of proof to the contrary. property. being the foundation of the nation. actual joint contribution of money. Contract will be a continuing offer upon acceptance by other spouse or court order. If one of the parties is validly married.Parties are co-owners of property acquired during cohabitation only upon proof that each of them made an actual contribution. Absence of descendants. their contributions and corresponding shares are presumed to be equal. or industry shall be owned by them in common in proportion to their respective contributions. The same rule and presumption shall apply to joint deposits of money and evidences of credit. descendants 3.Administration is joint by both spouses. The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith - - Paramount importance is given to the family as provided in the 1987 constitution. Consequently. that person’s share in the co-ownership will accrue to the marriage. Bad faith: net share of bad faith is forfeited to: 1.If both are in bad faith they shall be considered as in good faith and their shares shall go to them. is a basic social institution which public policy cherishes and protects. family relations are governed by law and no custom. husbands decision will prevail subject to recourse by the wife within 5 years from the contract implementing the decision. property. Common children 2. . (Presumption is that shares over property owned is equal shares but can be rebutted through proof showing otherwise. his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article. 2. Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of insolvency . Property acquired by the money of one.) 4. or industry – but cant be mere care and maintenance of family/household). Salaries and wages are separately owned. his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. if either is married the salaries go to that marriage. 149: The family. Only properties acquired by both of them through joint contribution will be owned by them in common in proportion to what they gave (money. 1. If one of the parties is validly married to another. practice or agreement destructive of the family shall be recognized or given effect. If the party who acted in bad faith is not validly married to another. Waiver of common children. innocent party . THE FAMILY AS AN INSTITUTION Art. Family relations are governed by law and no custom or practice destructive of the family will be recognized.
. If it is shown that no such efforts were in fact made. 3. or the occupancy of beneficiaries in a home can be constituted as a family home. and habeas corpus THE FAMILY HOME Art. 2. which may not be compromised.Does not apply to cases. 150. 154: The beneficiaries of a family home are: 1.Earnest effort is not required if included in the suit between family members is a stranger not of the same family. 2. 150: Family relations include those: 1. • Exemption is not applicable to strangers participating therein. forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law.Before a suit can be filed by people belonging to the same family as provided in Art. constituted jointly by the husband and the wife or by an unmarried head of a family. The widowed spouse with respect to the property of the deceased BEFORE someone else possesses it. deemed constituted by operation of law. Prescription does not run between husband and wife. parents and children during the latter’s minority or insanity. the same case must be dismissed. Art. Art. 153: The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. custody of children. earnest efforts must be made to settle the case amicably. No need for judicial or extrajudicial requirement. Art. and descendents or relatives by affinity in the same line. 151: No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made. The family home is exempt from execution. *Earnest efforts meant for civil actions only. ascendants. 3. This rules shall not apply to cases which may not be the subject of compromise under the Civil Code Any person not included in the enumeration cannot be considered as within the term “family relations. or an unmarried person who is - * Exemption from execution is not absolute as it is subject to certain limitation such as indebtedness in certain instances (to be discussed in the next articles) - . but that the same have failed. whether of the full or half-blood. Spouses. Between husband and wife. The husband and wife. . swindling or malicious mischief: 1.” . the unmarried head of the family.Does not apply to settlement of estate guardianship. forced sale or attachment as provided by law The actual occupancy of the beneficiaries in a home may constitute the same as a family home - Exception to earnest efforts: . Between parents and children. Home is deemed constituted from the time it is actually resided upon and occupied by the family. the family home continues to be such and is exempt from execution. and the land on which it is situated. The following are excused from criminal liability (only civil liability incurred) for theft. is the dwelling house where they and their family reside. Brothers and sisters and brothers-in-law and sisters-in-law if they are living together. and between guardian and ward during the guardianship. Among brothers and sisters. From the time of its constitution and so long as any of its beneficiaries actually resides therein. 152: The family home.Art. There must be the element of permanence (thus a boat on water cannot be considered a family home) Must be constituted by both husband and wife jointly.
whether the relationship be legitimate or illegitimate. In any event. For debts secured by mortgages on the premises before or after such constitution. The whole value of the family home may be used to pay obligations under Art. . and two hundred thousand pesos in rural areas. mechanics. who are living in the family home and who depend upon the head of the family for legal support Art. at the time of its constitution. forced sale or attachment except: 1. 2. Art. 155: The family home shall be exempt from execution. and 2.Those above the amount stipulated (300. architects. 157: The actual value of the family home shall not exceed. forced sale or attachment. For nonpayment of taxes. - The family home must be constituted at a place where there is a fixed and permanent connection with the persons constituting it. material men and others who have rendered service or furnished material for the construction of the building. descendants. For purposes of this Article. brothers and sisters. . if the value of the currency changes after the adoption of this Code. 3. 200. ascendants. Not considered: 1. or of the exclusive properties of either spouse with the latter's consent. For debts incurred prior to the constitution of the family home. If prior to the family code there are certain houses falling under the value of a family home at the time of the constitution of the family code (Aug. Apartment or house being rented 3. or such amounts as may hereafter be fixed by law. builders. urban areas are deemed to as long as they have the consent of the husband or wife who own the house and lot even if the owners do not reside in them. 155. House on another’s property Considered: Property where ownership is reserved to the one making the family home.000 in urban. . It may also be constituted by an unmarried head of a family on his or her own property. property that is the subject of a conditional sale on installments where ownership is reserved by the vendor only to guarantee payment of the purchase price may be constituted as a family home. 1988) provided for the family home is deemed automatically constituted. 3.the head of a family. Art.Prior to the family code constitution of a family home was not automatic there was a need to file for such. For debts due to laborers.000 in rural) will not be exempt from execution. Boat or vessel 2. Nevertheless. the value most favorable for the constitution of a family home shall be the basis of evaluation. Their parents. and 4. 156: The family home must be part of the properties of the absolute community or the conjugal partnership. the amount of the three hundred thousand pesos in urban areas.
Persons constituting the family home 2. alienated. Art. and then to the liabilities under the judgment and the Written consent needed for the disposition of the family home: 1. assigned or encumbered by the owner or owners thereof with the written consent of the person constituting the same.000 If the house is sold. Bidders cannot bid below the amount of 300. 158: The family home may be sold. (Idea is to give 300. At the execution sale. In case of conflict. or by any of the beneficiaries. This happens even if the debt is not fully satisfied. Furthermore the heirs cannot partition the same unless the court finds compelling reasons therefore. the court shall decide Art. - . Latter’s spouse 3.000 is given to the owner of the house and the balance to the creditor to satisfy his debt.include chartered cities and municipalities whose annual income at least equals that legally required for chartered cities. the same rule and procedure shall apply. All others are deemed to be rural areas. the latter's spouse. The court shall so order if it finds that the actual value of the family home exceeds the maximum amount allowed by law as of the time of its constitution. donated. by the owner or owners of the property. 159: The 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 or for as long as there is a minor beneficiary. he may apply to the court which rendered the judgment for an order directing the sale of the property under execution. and he has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in Article 157. 160: When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment in his favor. If the increased actual value exceeds the maximum allowed in Article 157 and results from subsequent voluntary improvements introduced by the person or persons constituting the family home. Art. and a majority of the beneficiaries of legal age. This rule shall apply regardless of whoever owns the property or constituted the family home. The proceeds shall be applied first to the amount mentioned in Article 157. no bid below the value allowed for a family home shall be considered.000 so that the debtor can buy a house) This however does not apply when if the creditor is one of those mentioned in Article 155 (the debt must be satisfied even if nothing is left with the owner). and the heirs cannot partition the same unless the court finds compelling reasons therefor. Majority of beneficiaries of legal age Security of the family is the concern of the law thus they provide for a 10 year period despite the death of the person who constituted the family home. 300.
Living separately: must be living in such a way that sexual intercourse is impossible. Art. Grounds to impugn legitimacy of the child: 1. Physical incapacity b. 165: Children conceived and born outside a valid marriage are illegitimate. shall be delivered to the judgment debtor. *Even if wife impugns legitimacy. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife. Art. Serious illness - Art. Physically impossible for husband to have sexual intercourse with wife within the first 120 days of the 300 days immediately preceding the birth of child due to: a. (Mere remoteness is not sufficient) c. that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child.Paternity and filiation refer to the relationship or tie.Child of artificial insemination is considered legitimate provided that both the husband and wife authorize or ratify such insemination in a written instrument and signed by them before the birth of the child and that it is recorded in the civil registry together with the birth certificate of the child. The instrument shall be recorded in the civil registry together with the birth certificate of the child. . child is still legitimate. 164: Children conceived or born during the marriage of the parents are legitimate. ARTIFICIAL INSEMINATION: wife is artificially impregnated with the semen of her husband or with the semen of a third person. Art. PATERNITY AND FILIATION Art. which exists between parents and their children. Natural filiation may be legitimate or illegitimate. only one family home. The excess. unless otherwise provided in this Code. or be the beneficiary of. That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of: (a) the physical incapacity of the husband to have sexual intercourse with his wife. 161: For purposes of availing of the benefits of a family home as provided for in this Chapter. (b) the fact that the husband and wife were living separately in such a way that . Art. only husband and . 163: The filiation of children may be by nature or by adoption. if any.If the requirements given are not followed and the husband does not impugn the legitimacy of the child on grounds provided by law within the prescriptive period the child will still be considered legitimate. Art. a person may constitute. . 166: Legitimacy of a child may be impugned only on the following grounds: 1.costs. 167: The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. provided. Illegitimate children are those conceived and born outside a valid marriage or inside a void marriage. 162: The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable.
except in the instance provided in the second paragraph of Article 164. That in case of children conceived through artificial insemination. A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during the former marriage. or (c) serious illness of the husband. 168: If the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage. 2. violence. * Merely suppletory. *But either way the child is still legitimate. or undue influence. * In the event that any of the grounds are proven. intimidation. 2. fraud. . Biological or scientific reasons the child could not have been that of the husband (except for artificial insemination)—if for biological reasons offspring could not have been that of the husband like if the child was a different race from the father’s. (Longest gestation period) 2.Vasectomy is not enough proof because there are times when the sperm can re-channel itself and effect fertilization. In case of artificial insemination the authorization or ratification was obtained through mistake. .Sexual intercourse is presumed between spouses during their marriage. fraud. . IN CASE OF 2 MARRIAGES: .sexual intercourse was not possible. .When a child is born inside a marriage. . in proper cases the heirs can impugn the legitimacy. provided it be born within three hundred days after the termination of the former marriage.If the child is born after 180 days after the second marriage the child shall be considered to have been conceived of the second marriage unless other proof is given.Presumption is in favor of legitimacy.That it is proved that for biological or other scientific reasons. these rules shall govern in the absence of proof to the contrary: 1. Unless: she did not deliver the child herself. violence or intimidation or undue influence. the child could not have been that of the husband. sexual intercourse is presumed to have occurred between the husband and wife within the first 120 days of the 300-day period before the birth of the child. A child born after one hundred eighty days following the celebration of the subsequent marriage is considered to have been conceived during such marriage. In so far as the mother is concerned the child will be considered illegitimate. or did not come from her own womb. even though it be born within the three hundred days after the termination of the former . the written authorization or ratification of either parent was obtained through mistake.If child is born within 180 days after the second marriage and within 300 days after the termination of the first marriage the child shall be considered to have been conceived of the first marriage unless other proof is given. if there is better proof then such should be accepted. which absolutely prevented sexual intercourse. the child will not be considered legitimate or illegitimate but that simply the husband and child are not related. or 3. Art. 3.
The heirs are mere substitutes of the husband and cannot file the action if the husband himself failed to file such action despite knowledge of the illegitimacy within the prescribed period. Judicial admission 3. 3.Admission in public or private handwritten document is a Proofs from rules of court or special law: 1. if it was registered and the father did not impugn the child’s legitimacy during the period provided then the child is legitimate. and three years if abroad. If the birth of the child has been concealed. 2. If the child was born after the death of the husband.If there is no subsequent marriage after 300 days after the termination of the marriage there is no presumption and thus convincing proof is necessary. Within 3 years. . Within 2 years. An admission of legitimate filiation in a public .Legitimacy cannot be collaterally attacked or impugned. 171: The heirs of the husband may impugn the filiation of the child within the period prescribed in the preceding article only in the following cases: 1. 172: The filiation of legitimate children is established by any of the following: 1. . if the husband lives elsewhere in the Philippines. Prescription for impugning the legitimacy of the child 1. if he lives abroad 4. 170: The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register. the period shall be two years if they should reside in the Philippines. Family bible . . If the birth of the child has been concealed from or was unknown to the husband or his heirs. (Cannot impugn since registry is earlier) . If the husband should die before the expiration of the period fixed for bringing his action. The record of birth appearing in the civil register or a final judgment. 169: The legitimacy or illegitimacy of a child born after three hundred days following the termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy. in his default. If the husband or. prescription will begin from the discovery or knowledge of birth of child or the fact of registration of the birth (whichever is earlier). or 3. *It is from the knowledge of the child’s birth not the knowledge that it is not his child. Baptismal certificate 2. If he should die after the filing of the complaint without having desisted therefrom. in a proper case.The record of birth appearing in the civil registry should have the husband’s signature and such birth certificate signed by the parents is adequate proof of paternity without need for further court action. Art. the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth. should reside in the city or municipality where the birth took place or was recorded. whichever is earlier. Art. Principally only the husband can file a direct action to impugn the legitimacy of the child even if the child is not his. PROOF OF FILIATION Art. Within one year from the knowledge of the birth or its recording if husband resides in city where birth took place or recorded.marriage. or 2. Art. all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded. 2. any of his heirs. if the husband or. *Even if the birth was concealed.
spontaneously and without concealment • Must be spontaneous and uninterrupted Action to claim legitimacy by the child May be brought by the child during his or her lifetime and may be transmitted to heirs if the child dies during minority or in a state of insanity or after it has already been instituted by the child and child dies. The open and continuous possession of the status of a legitimate child. entitled to support from her • Even if paternity is certain. . and 3. mother surnames unless father admits that is his child and lives with them then surname of father can be used. 2. 173: The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. Any other means allowed by the Rules of Court and special laws.document or a private handwritten instrument and signed by the parent concerned. 2.A legitimate child has his or her whole lifetime to file an action to claim his or her legitimacy. . the legitimate filiation shall be proved by: 1. In the absence of the foregoing evidence. he cannot claim illegitimacy. To be entitled to the legitimate and other successional rights granted to them by the Civil Code. The man in the marriage must first impugn the legitimacy of the child Article 176: Rights of an illegitimate child 1. in conformity with the provisions of this Code on Support. To receive support from their parents. and in proper cases. Heirs have five years to institute action 4. in conformity with the provisions of the Civil Code on Surnames. Admission by silence 6. complete act of recognition without need for court action • A mere instrument not in the handwriting of the parent or not a public instrument will not qualify. Testimony of witness Article 175: Illegitimate child -Same as legitimate children except when proof is through open and continuous relationship or other rules of court in which case it may only be brought during the lifetime of the alleged parent. In these cases. their brothers and sisters. Art. Even if he leaves after that it Article 174: Legitimate children shall have the right: 1. Bear the surname of the mother • Even if paternity is certain. their ascendants. he will be vested with parental authority. . Exception: if the child is born in a valid marriage though different man. To bear the surnames of the father and the mother. or 2. Be under the parental authority of the mother.Open continuous possession means the father treats the child as his own directly and not through others. the heirs shall have a period of five years within which to institute the action. Common reputation 5. • If the father acknowledges the child and cohabits. if father is not living with them he cannot have parental authority.
172 (claim for his status in not transmissible to his heirs) Art. 177: Only children conceived and born outside of wedlock of parents who. . were not disqualified by any impediment to marry each other may be legitimated. (Refers basically to inheritance rights but if the creditors are really prejudiced they must show how legitimation affected such—vested rights prior to legitimation then those rights will not be taken from them) • Right of action accrues only upon death of parents when legitimes will vest • Adopted children can be prejudiced with regards to adopter parents or even natural parents. *No need for the acknowledgment of the father unlike the civil code. it will still benefit their descendants. but if it is a void marriage then illegitimate) • IF the child dies before the celebration of the marriage. Art. at the time of the conception of the former. Illegitimate child has his or her lifetime to file an action to claim illegitimacy if he/she has proof under Art. and no right of representation (if parent dies cant inherit straight from grandparents) 5. Children conceived and born outside wedlock 2. Exception: those born through adulterous relationship and bigamous marriage cannot be legitimated. 180: The effects of legitimation shall retroact to the time of the child's birth. Legitimated Children (legitimate by operation of law) Requirements: 1. *If there is a legal impediment at the time of conception the remedy is adoption. Of parents who had no legal impediments to marry at that time the child was conceived and 3. 179: Legitimated children shall enjoy the same rights as legitimate children. Art. 178: Legitimation shall take place by a subsequent valid marriage between parents. • Only by those who are prejudiced in their rights within 5 years from the time their cause of action accrues. (The fact that it is a voidable marriage will not affect the legitimation. They get married later on. Legitime will be ½ of the legitime of a legitimate child 4. The annulment of a voidable marriage shall not affect the legitimation.will not be considered a waiver of his parental authority unless violated legal grounds provided for termination of parental auth. (he will also be vicariously liable for damages caused by the child) 3. (272a) Art. Can get support only up to the grandparents. *Legitimation will not affect property rights already vested. *Shall enjoy same rights as legitimate children. shall retroact to their birth.
(Contractual support is subject to adjustment whenever modification is necessary) *Adopted children only up to parents for support. dwelling. in keeping with the financial capacity of the family.A child inside a womb is already considered born thus entitled to all benefits that accrue to him/her provided that . creditors (commercial or property rights) are excluded unless it can be shown that the legitimation affected their rights and they are really prejudiced. 3. Legitimate ascendants and descendants. 2. Transportation shall include expenses in going to and from school.Art. 182: Legitimation may be impugned only by those who are prejudiced in their rights. Contemplates inheritance or successional rights. Except: the excess beyond required for legal support in a will or contractual support shall be subject to levy or execution. 205: right to give or obtain support shall not be levied upon on attachment or execution. The spouses. 194: Support comprises everything indispensable for sustenance. status of the parties 1. Spouses 2. - In effect gives the children what they should have enjoyed during the lifetime of their father or mother. Art. education. dwelling. . whether of full or half-blood • • • • • Everything indispensable for sustenance. Parents and their legitimate children and the legitimate and illegitimate children of the latter. Others aren’t obliged to support. clothing. Legitimate brothers and sisters whether whole or half blood 6. and transportation (in keeping with the financial capacity of the family) Schooling or training shall be applicable even beyond the age of majority Transportation includes going to and from school and place of work Can be given even beyond the age of majority Support is never final (no res judicata) can be changed Art. 195: Subject to the provisions of the succeeding articles. or to and from place of work. even beyond the age of majority.Cannot be made to satisfy any judgment against the recipient. education and transportation. Parents and their legitimate children and their illegitimate/legitimate grandchildren 4. . 4. medical attendance. clothing. 181: The legitimation of children who died before the celebration of the marriage shall benefit their descendants. Legitimate brothers and sisters. within five years from the time their cause of action accrues. the following are obliged to support each other to the whole extent set forth in the preceding article: 1. Brothers and sisters not legitimately related are also obliged to support unless if he/she is of age and is due to claimants fault or negligence no support. Legitimate ascendant and descendants 3. trade or vocation. The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession. SUPPORT Art. medical attendance. Art. Parents and their illegitimate children and their illegitimate/legitimate grandchildren 5. (If the adopter dies or abandons then the state takes over) *Mandatory and essential cannot rd be transmitted to a 3 person nor can it be waived. and 5. (Prohibition against any compromise of the right to future support) *If relationship between one to be supported and the one to support is in issue. Parents and their illegitimate children and the legitimate and illegitimate children of the latter.
the obligation of mutual support between the spouses ceases. After the final judgment granting the petition. • • • • • • • Support for legitimate ascendants. except only when the need for support of the brother or sister. the court may order that the guilty spouse shall give support to the innocent one. insufficiency is enough to make ACP liable and insufficiency plus payment of charges to make CPG liable. 200:if the liability to support falls on 2 people it will . should be established first. which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership Art. However. For spouses. if financially capable. The others are not obliged to give support if those higher on the list are present. But if it is the illegitimate children. Art. and for declaration of nullity of marriage. are likewise bound to support each other to the full extent set forth in Article 194. the liability shall devolve upon the following persons in the order herein provided: 1. (If this happens can forfeit bond made by guardian parent over property-art.Art. *If wife is adulterous it can be a defense in an action for support against separate property of the spouse but wife can still get support from ACP or CPG. brothers and sisters (legitimate or illegitimately related) shall be taken from separate property If no separate properties from ACP or CPG (advancement). in case of legal separation. Support pending litigation generally obtain from ACP or CPG In case of support between husband and wife where validity of marriage is in issue. is due to a cause imputable to the claimant's fault or negligence. whether legitimate or illegitimate. Article 197: In case of legitimate ascendants. descendants. 199: Whenever two or more persons are obliged to give support. being of age. *Support can’t be taken from the children’s property unless there was no need or demand from recipient. the child is born after. 225) *After declaration of nullity or annulment no more obligation to support *In legal separation support ceases unless guilty spouse is ordered to support innocent. the absolute community or the conjugal partnership. whether of the full or half-blood. 198: During the proceedings for legal separation or for annulment of marriage. The spouse. descendants (legitimate or illegitimate). . whether legitimately or illegitimately related. shall advance the support. specifying the terms of such order. only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property. generally from ACP or CPG absence of then from fruits of ACP or CPG insufficiency or absence of from the separate properties themselves.They are no longer bound when the child is above the age of majority or due to the negligence. • The list is in order of priority of who should support first. and brothers and sisters. aggrieved cannot be given support pendent elite by the other spouse (from his separate property) Legal separation or annulment: spouses shall be supported by ACP or CPG. 196: Brothers and sisters not legitimately related. *IF the legitimate descendants are the common children then ACP and CPG shall be principally charged. the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. Art.
must be established). 202: Support in the cases referred to in the preceding article shall be reduced or increased proportionately. (Wife is preferred when it is an illegitimate child) • • Support can be increased or decreased depending on the needs of the recipient and the resources of the person obliged to give it. Art. order will be followed except when the one who needs support is a spouse and a child in which case the child shall be preferred. in which case the child shall be preferred. When two or more recipients at the same time claim support from one and the same person legally obliged to give it. in case of urgent need and by special circumstances. the judge may order only one of them to give and then just get reimbursed from the other after. The ascendants in the nearest degree. Art. should the latter not have sufficient means to satisfy all claims. shall be in proportion to the resources or means of the giver and to the necessities of the recipient. -But in case of urgency. in the cases referred to in Articles 195 and 196. without prejudice to his right to claim from the other obligors the share due from them. (Made within the first 5 days of every month) • Demand is essential shows manifestation of needs. Judgment for support does not become final Demanding support • Demandable from the time person who has the right to receive it needs it (need for support is not presumed. The descendants in the nearest degree. 3. the order established in the preceding article shall be followed. unless the concurrent obligees should be the spouse and a child subject to parental authority. However. 200: When the obligation to give support falls upon two or more persons. and 4. The brothers and sisters. the payment of the same shall be divided between them in proportion to the resources of each.2. according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same. -When there are two or more people claiming for support and the one obliged to give doesn’t have enough. • No support given without judicial or extrajudicial demand. 201: The amount of support. Art. the judge may order only one of them to furnish the support provisionally. 203: The obligation to give support shall be demandable from the time the person who has a be divided between them in the proportion of their resources. . Art.
3. voluntary and unilateral acts to the end that no one shall be unjustly enriched or benefited at the expense of another (basis for reimbursement of one who gives support) Art. This Article shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed. 207. Art. When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter. 204: The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed. unless it appears that he gave it without intention of being reimbursed. • If person obliged to give support unjustly refuses a third person can give it with right of reimbursement. without the knowledge of the person obliged to give support. it is given by a stranger. or by receiving and maintaining in the family dwelling the person who has a right to receive support. Art. 205: The right to receive support under this Title as well as any money or property obtained as such support shall not be levied upon on attachment or execution. his heirs shall not be obliged to return what he has received in advance. 206: When.right to receive the same needs it for maintenance. any third person may furnish support to the needy individual. Quasi-contract: juridical relation which arises from certain lawful. Third person furnishes the support to the needy individual rd *If all are present 3 person shall have right to . he can reimburse unless he has no intention of being reimbursed. 207 Requisites: 1. Art. Art. Support pendente lite may be claimed in accordance with the Rules of Court. 206 Requisites: • There is a need to be supported and without knowledge of person obliged to give support it is given by another. with right of reimbursement from the person obliged to give support. Urgent need to be supported on the part of the recipient 2. the latter shall have a right to claim the same from the former. but it shall not be paid except from the date of judicial or extra-judicial demand. How to provide support • Can be by giving the money or allowance • Or by allowing the person to stay in family dwelling unless there is a legal or moral obstacle (usually refers to illegitimate children who are generally not allowed to get from ACP or CPG) • The right to receive support and the money or property obtained as such support cannot be made to satisfy any judgment against the recipient * However in case of contractual support or that given by will. Art. the excess amount beyond that required for legal support can be subject of execution. Payment shall be made within the first five days of each corresponding month or when the recipient dies. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. The person obliged to support unjustly refuses or fails to give support.
- Art. Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority.Art. - Natural affection between the parents and the offspring has always been recognized as an inherent and natural right. guardianship and surrender to a children’s home or orphanage) -When a parent gives authority to another it merely temporary custody not renunciation. mental and physical character and well-being. 2. . Parental authority involves a mass of rights and obligations. (If one of the requisites are missing only mother has parental authority) *Father’s subsequent separation does not mean a renunciation. Art. parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral. contractual support however is not mandated by law. • Children should observe respect and are obliged to obey them as long as they are under their parental authority • Applies to both legitimate and illegitimate Requisites for it to apply to illegitimate: 1. the father's decision shall prevail. Paternity is known or the father is certain. Illegitimate is living with the father and mother who are cohabiting without the benefit of marriage. Parental authority and responsibility cannot be renounced or transferred Except when provided by law (Cases of adoption. In case of disagreement the father’s decision shall prevail unless there is a judicial order. which cannot be levied upon.This is different from legal support.The excess in amount of legal support shall be subject to levy on attachment or execution. 209: Pursuant to the natural right and duty of parents over the person and property of their unemancipated children. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. reimbursment. Once parental authority is vested cannot be • . unless there is a judicial order to the contrary. 210: Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. In case of disagreement. the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution PARENTAL AUTHORITY Art. . 211: The father and the mother shall jointly exercise parental authority over the persons of their common children. 208: In case of contractual support or that given by will.
212: In case of absence or death of either parent. 213: In case of separation of the parents. • In case of separation the court shall designate a parent to have parental authority (taking into consideration choice of those 7 and above) No child below 7 shall be separated from mother unless there is compelling reason not to do so. No descendant shall be compelled in a criminal case to testify against his parents or grandparents unless the crime is against the descendant or by one parent against the other. The Court shall take into account all relevant considerations. • • • *Not mandatory in nature so if the child wants to he can do so voluntarily. especially the choice of the child over seven years of age. In case several survive. In case several grandparents survive. 215: No descendant shall be compelled. • SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY .Art. absence or unsuitability of the parents. New spouse must adopt the children to have parental authority. (Age is considered from when the decision is made or when custody is given) rd Custody may also be given to 3 persons if the situation so warrants. the parent present shall continue exercising parental authority. *New spouse does not get parental authority by the fact of marriage. absence or unsuitability of the parents substitute parental authority shall be exercised by the surviving grandparent. the other spouse still has parental authority • Remarriage does not affect the parental authority of the parent. to testify against his parents and grandparents. shall exercise the authority. • Lesbianism not a ground to deprive of custody. *This does not mean that the other parent has no more PA. in a criminal case. The remarriage of the surviving parent shall not affect the parental authority over the children. in a criminal case by one against the other or to the latter’s descendant or ascendant. Except: in a civil case by one against the other. *Habeas corpus is proper remedy to get custody of a child from the rd other parent or 3 persons. waived. • If a spouse dies. 214: In case of death. Art. unless the parent chosen is unfit. taking into account the same consideration mentioned in the preceding article. unless the court appoints another person to be the guardian of the person or property of the children. the one designated by the court. Husband and wife during or after the marriage cannot be examined without the consent of the other (marital privilege). substitute parental authority shall be exercised by the surviving grandparent. parental authority shall be exercised by the parent designated by the Court. • • Art. except when such testimony is indispensable in a crime against the descendant or by one parent against the other. the court will decide. In case of death. Art.
The oldest brother or sister. and 3. Child’s actual custodian over 21 * The list is merely a guideline. Oldest brother or sister over 21 3. entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision. Surviving grandparent 2. *Can be an academic or nonacademic school. as provided in Art. 214. orphanages and similar institutions duly accredited by the proper government agency. teachers. (Must be teacher in charge etc). or the individual. . individuals or entities engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision. Voluntary: parent or child commits to the DSWS (surrendered in writing by parents. The surviving grandparent. orphanages. 2. 220 onwards. over twenty-one years of age. fitness. 1 : parents exercise parental authority then a judicially appointed guardian in default of such guardian: 1. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school. etc. custody. etc must still be considered. *Order is not mandatory: paramount interest Art. abandoned. Art. entity or institution.Parental authority shall be entrusted in summary judicial proceedings to heads of children’s homes. st *They will have the rights and responsibilities of a parent enumerated in art. (This authority applies to authorized activities inside or outside the premises) • Those given special authority shall be principally and solidariliy liable (civil liability) for damages caused by the acts or omissions of the minor. instruction. neglected or abused children and other children similarly situated) . unless unfit or disqualified. Involuntary: by DSWS who files with court to have custody over the child. Parents can’t use diligence as a defense (imputed liability flows from filial relation). 217: In case of foundlings. Except: no liability by those with special parental authority if it can be proven that such person exercised the proper diligence in the circumstances. its administrators and teachers. Transfer of parental authority: 1. 219: Those given the authority and In case of no family members (foundling. over twenty-one years of age. instruction or custody. 216: In default of parents or a judicially appointed guardian. parental authority shall be entrusted in summary judicial proceedings to heads of children's homes. the same order of preference shall be observed. 2. abandoned neglected or abused children and other children similarly situated. Whenever the appointment or a judicial guardian over the property of the child becomes necessary. Art. administrators. the following person shall exercise substitute parental authority over the child in the order indicated: 1. if only 1 and the other is dead or abandoned for at least 1 year 1 parent authorization is enough) • School. unless unfit or disqualified. capabilities. 218: The school. The child's actual custodian.Art.
The parents. self-reliance. inculcate in them honesty. ROE V. 220: The parents and those exercising Rights and duties of parents: parental authority shall have with the respect to 1. 5. and understanding educate and instruct them by right precept and 3. supervise their activities. and inspire in them 9. and to provide for their upbringing in 4. Good and wholesome educational materials and 2. To provide them with moral and spiritual interest. • • Parents or those who have substitute parental authority shall be subsidiarily liable (if persons with special authority cannot cover the liability) Under the civil code. educational materials. judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. . DOE. Others imposed by law compliance with the duties of citizenship. To give them love and affection. To furnish them with good and wholesome measure of corporal punishment. companionship and understanding. advice and prevent them from bad company counsel. studies and morals. and prevent them from acquiring habits detrimental to their health. Demand respect and obedience discipline. protect child) them from bad company.responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. industry and thrift. 6. (But mere disagreements or delinquent behavior does not generally terminate support). Represent them in all matters affecting their 3. stimulate 8. counseling. The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances. All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. advice. article 2180. companionship. educate and instruct them. *Cases in the US would show that support can be withheld from the child as a disciplinary sanction if the child refuses to obey the father. Support. teachers etc can still be held liable when children are not anymore minors subject to the defense of proper diligence. Disciplinary Actions: parents may inflict a reasonable 4. 1. Moral and spiritual guidance good example. (Read Child and Youth Welfare Code –Rights of the recreation and association with others. Love and affection. To keep them in their company. Physical and mental health keeping with their means. following rights and duties: 2. Impose discipline their interest in civic affairs. guidance. integrity. EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN Art. self7. provide for their unemancipated children on wards the their upbringing in keeping with their means. to support.
221: Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. the court may terminate the commitment of the child whenever just and proper. Art. To impose discipline on them as may be required under the circumstances. Art. Court may appoint a guardian for purposes of the lawsuit when the best interest of the child requires it. if in the same proceeding the court finds the petitioner at fault. However. • During the commitment of the child the parent cannot interfere with the care of the child but will provide support. 222: The courts may appoint a guardian of the child's property or a guardian ad litem when the best interests of the child so requires. Art. the individual. and 8. irrespective of the merits of the petition. • Person who has parental authority may seek the assistance of the court to discipline the child and with a counsel shall undergo a summary hearing. may petition the proper court of the place where the child resides. • The court may terminate the commitment of the child whenever just and proper. Upon proper petition or at its own instance. • If the court finds that it is the petitioner at fault. 224: The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or institutions engaged in child care or in children's homes duly accredited by the proper government agency. for an order providing for disciplinary measures over the child. 6. • Art. To perform such other duties as are imposed by law upon parents and guardians. GUARDIANSHIP: trust relation of the most sacred character. The child shall be entitled to the assistance of counsel. • Parents are primarily liable (civilly) for injuries and damages caused by the acts and omissions of their unemancipated children living in their company and under their parental authority. either of his choice or appointed by the court. the court may suspend or deprive him of parental authority. To demand from them respect and obedience. then no liability. entity or institution exercising parental authority. The parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. To represent them in all matters affecting their interests. 223: The parents or.5. the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper. and a summary hearing shall be conducted wherein the petitioner and the child shall be heard. Exception: if parents can show that they exercised the diligence of a good father. in their absence or incapacity. 7. or when the circumstances so warrant. .
parental authority. The father and the mother shall jointly • No need for a judicial court to appoint exercise legal guardianship over the property of the parents as guardians. In case of disagreement. 225. to guarantee the performance of the property and thus a guardian is needed. the parent has to give a bond not less than 10% of value of property to The petition shall be docketed as a summary special guarantee performance of the obligations prescribed proceeding in which all incidents and issues regarding for general guardians.Parent’s authority over the estate of the ward as a legal-guardian would not extend to acts A verified petition for approval of the bond shall be of encumbrance or disposition. in which case the ordinary rules alienation or encumbrance. the Prohibition (cases where a parent cannot be the father's decision shall prevail.000. (void). in administration. – authority is needed from court. or compromise or waiver on guardianship shall apply. a court appointment. but not less than given to the child by way of voluntary will. 226.EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN Art. child is more than P50k. if the market value of total property or income of part thereof is situated. obligations prescribed for general guardians. 1. It is presumed that the unemancipated common child without the necessity of parents act for the best interest of the child. or. if the child resides in a foreign country. or a *parent’s authority over the estate does not include parent has remarried. . ten per centum (10%) of the value of the property or 2. the proper court of the place where the property or any 1. . rules on guardianship apply supplementary to parents. as filed in the proper court of the place where the child distinguished from acts of management or resides. unless there is a judicial administrator of the property): order to the contrary. the income of the child exceeds P50. Art. When a parent is disinherited and his/her child inherits from the child’s grandparents Where the market value of the property or the annual his share of the compulsory inheritance. When the parent is unfit to administer the annual income. The property of the unemancipated child • Child’s salary still for his/her exclusively used earned or acquired with his work or industry or by for benefit of child but child also has onerous or gratuitous title shall belong to the child in obligation to support ascendants thus salary ownership and shall be devoted exclusively to the can be used. but if child is under substitute parental The ordinary rules on guardianship shall be merely authority or guardian is a stranger then rules on suppletory except when the child is under substitute guardianship apply. or the guardian is a stranger. (to be sure that guardians the performance of the obligations referred to in the don’t abuse their authority and do what they are second paragraph of this Article shall be heard and required to do) resolved. The concerned shall be required to furnish a bond in such parent however can administer whatever is amount as the court may determine. the parent parent cannot administer such property. 2.
2. *parental authority is automatically reinstated upon service of sentence or pardon. Such will not be charged to the child’s legitime. guardianship to person Parents cannot use property for personal use. • The net proceeds or the balance left after the payment of the allowance and expenses will go to the parents • *parental authority cannot be revived in these cases. In any case. *for the reinstatement of parental authority judicial declaration is needed for reinstatement of parental authority. or family friend. Upon adoption of the child. Upon the death of the parents. The right of the parents over the fruits and income of the child's property shall be limited primarily to the child's support and secondarily to the collective daily needs of the family. Upon the death of the child. 227: If the parents entrust the management or administration of any of their properties to an unemancipated child. unless the owner. 229: Unless subsequently revived by a final Grounds for termination: judgment. Upon judicial declaration of abandonment of the 3. grants the entire proceeds to the child. 228: Parental authority terminates permanently: • The court upon the death of the parents can 1. SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY Art. 3. or authority 5. abandonment of child (upon judicial child in a case filed for the purpose. vested on the adopter. judicial declaration of absence or incapacity the person exercising parental authority. Upon judicial declaration of absence or incapacity of 5. the proceeds thus give in whole or in part shall not be charged to the child's legitime. appointment of guardian 3. • These situations extinguishes parental authority Art.parental authority is suspended upon conviction of conviction of the parent or the person exercising the the parent of a crime that has civil interdiction (loss of same of a crime which carries with it the penalty of rights of parental authority. 230: Parental authority is suspended upon . • Parents who engage their unemancipated child to take care of their properties are to give their child a monthly allowance taken from the gross proceeds of the property for the month. parental authority also terminates: 1. Upon emancipation of the child.latter's support and education. -the child shall own exclusively whatever he earns or by onerous or gratuitous title. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger. of person Art. unless the title or transfer provides otherwise. final judgment from court depriving parental the party concerned of parental authority. appoint a guardian on petition of a relative. 2. 2. . -the fruits of such can only be used by the parents for the support of the child and secondarily for the support of the family. Adoption – all legal ties are severed an are 1. Art. Upon appointment of a general guardian. or DSWD. Upon final judgment of a competent court divesting 4. the net proceeds of such property shall belong to the owner. declaration in a case filed for the purpose) 4.
carnival. 231: The court in an action filed for the purpose in a related case may also suspend parental authority if the parent or the person exercising the same: 1. Compels the child to beg.Treats the child with excessive harshness or cruelty 2. The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in the same proceeding if the court finds that the cause therefor has ceased and will not be repeated. and property of ward. treats the child with excessive harshness or cruelty 2. gratuitously or in consideration of a price. Compels the child to beg 4. Subjects or allows him to be subject to acts of lasciviousness (not actual sexual act. etc. Art. or the welfare of the child so demands. *Parental authority may be revived in a case filed for its purpose or in the same proceeding if the court finds that the cause has ceased. Suspension of parental authority (can be from a case related. the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances.) Corporal punishment of those with special • *parental authority cannot be revived for sexual abuse. force or intimidation with lewd design) * This may include cases where the parent was negligent or didn’t do anything about the situation. such child to vagrant or beggar. 233: The person exercising substitute parental If the person exercising parental authority has subjected the child or allowed him to be subjected (culpable negligence of a parent) to sexual abuse parental authority will be permanently deprived Under RPC: any person entrusted with parental authority of a child under 16 years of age to deliver. such person shall be permanently deprived by the court of such authority. offshoot of another case. If the degree of seriousness so warrants. Art. Does not have to be case filed for the purpose) 1. . *if the degree or seriousness so warrants parent may be deprived of authority. right to manage his property and right to dispose of such. which have resulted from culpable negligence of the parent or the person exercising parental authority. Subjects the child or allows him to be subjected to acts of lasciviousness. or 4. Art. 3.civil interdiction. 232: If the person exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. example or counsel 3. *RPC: parental authority can be deprived or suspended up to the discretion of the courts. Gives the child corrupting orders. The grounds enumerated above are deemed to include cases. marital authority. counsel or example. gives child corrupting orders. employs children in exhibitions (circus.
exploits child by using him for begging.Once emancipated he/she can sue or be sued alone. save the exceptions established by existing laws in special cases. inflicts cruel and unusual punishment 9. the father is only relied upon for support. In no case shall the school administrator.The father and in case of death or incapacity the mother are responsible for the damages caused by the - . (schools can impose certain measures of disciplinary action but cannot inflict any physical punishment) Criminal liability of parents: 1. majority commences at the age of eighteen. and protection he needs 3. EMANCIPATION Art. Unless otherwise provided. care. encourages or causes child to lead an immoral or dissolute life 10. sells or abandons child for a valuable consideration 4. parental authority: . 234: Emancipation takes place by the attainment of majority. conceals or abandons the child with intent to make him/her loose his civil status 2. allows or requires child to drive without a license. causes. Parental consent is more in keeping with Filipino culture and tradition.those with special parental authority cannot inflict corporal punishment on the child. neglects the child by not giving him the education which the family can afford 5.those exercising substitute parental authority will have all the same rights and authorities over the child (can inflict corporal punishment) . abates. permits child to use or carry dangerous weapons 11. 8. and is responsible and qualified for all acts of civil life Parent’s liability: . Art. teacher of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. Contracting marriage shall require parental - Emancipation is attained upon reaching 18 years of age. fails or refuses without justifiable reason to enroll child 6. not necessarily consecutive) 7. *Illegitimate children: liability is with the mother.authority shall have the same authority over the person of the child as the parents. 236: Emancipation for any cases shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil of life. . abandons child depriving him of the love. (absence without cause for more than 20 days. etc. Marriage is no longer a ground for emancipation since now one can only contract a marriage when they marry. or permits truancy of the child.
- Summary proceedings: . nullity. . criminal cases of those 9-18 years of age (but all cases concerning determination of age still with family courts) 2. relating to marital status. Constitution of family home 9.Guardians are liable for damages if the person is under their authority and live in their company.claims for damages by either spouse must be done in a separate action. dissolution of CPG 5. Jurisdiction over: 1.shall establish family courts in every province and city. Cases against minors (dangerous drugs act) 10. Violations of 7610 11. . ascendants – paternal is preferred. suspension termination or restoration of parental authority. in case of doubt shall be decided upon by the person making the arrangements after consultation with the family. Violations against VAWC (unless becomes criminal in which case offender will be subject to criminal proceedings) *if any become an incident to a case pending in the regular courts it shall be decided there. support and acknowledgment 6. 8.In keeping with the social position of the deceased. descendants then ascendants in the nearest degree. in the absence religious beliefs. annulment.Human remains can’t be disposed or exhumed without the consent of the persons in arrangement. Guardian’s liability: . petitions for guardianship. Funerals: . But if the court deems it necessary. habeas corpus 3. Parents are also subsidiary liable for the acts or omission of their emancipated child living in their custody.Preliminary conference: done by judge with the parties w/o counsel. adoption and revocation thereof 4. If the city is the capital of the province then in the municipality with the highest number of people. and in accordance to the expressed wishes of the deceased.consent until the age of 21. declaration of status of children. . summary judicial proceedings 7. . Nothing in this code shall be construed to derogate from the duty or responsibility of parents and guardians for children and wards below twenty-one years of age mentioned in the second and third paragraphs of Article 2180 of the civil code. Family courts: . they can be assisted by counsel after.Decisions become final and executory immediately (no more lapse of 15 days etc) however aggrieved party can still appeal to higher courts on the basis of denial of due process. . brothers and sisters above 21) • Brothers and sisters or descendants –oldest are preferred. custody. commitment of children. property relations. children between 18 and 21 who live in their company.same arrangement established for support (spouses.
Mausoleum or a tomb is part of funeral expenses. 370: A married woman may use: 1. 365: An adopted child shall bear the surname of the adopter. Art. 364: Legitimate and legitimated children shall principally use the surname of the father. Art. Art.Art. Illegitimate children shall principally use the name of the mother Exception: father is certain or recognizes illegitimate child and the father lives with the illegitimate child and mother. 369: Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father. Her own name 2. 366: A natural child acknowledged by both parents shall principally use the surname of the father. which shall be chargeable to the property regime if the spouse is making arrangements. Art.Adopted children are considered the legitimate child of the adopter for all intents and purposes and thus is entitled to all the rights and obligations provided by law. husbands full name plus “Mrs. Legitimate. Her maiden first name and her husband's surname or 3. legitimated children use surname of their dad . or 2. Her maiden first name and surname and add her husband's surname. maiden first name. a natural child shall employ the surname of the recognizing parent. 176: illegitimate children shall use the surname of the mother and shall be under their parental control. surname and husbands surname 3. . Art. Then can use fathers surname USE OF SURNAMES Art. Art.Adopted children bear the name of their adopter. 367: Natural children by legal fiction shall principally employ the surname of the father. If recognized by only one of the parents. but prefixing a word Children conceived before the decree annulling a voidable marriage shall use surname of father. 176 however does not apply if the father of the illegitimate child is certain as when the said father categorically admits that the illegitimate common child is his and at the same time such father lives with the illegitimate child and the mother.- A person who allows disrespect to the dead will be liable to the family for moral and material damages. 368: Illegitimate children referred to in Article 287 shall bear the surname of the mother. Her husband's full name. Married woman may use: 1. . maiden name and her husbands surname 4.” - . .Decree of annulment is final 15 days after it is made thus even if the child was born during that 15 day period the child will still be legitimate. Art.
innocent: resume her maiden name or continue using her husbands name unless the court decrees otherwise or if either of them remarries. such as "Mrs. Grandsons and direct male descendants will use: 1. 375: In case of identity of names and surnames between ascendants and descendants. In case of annulment: 1. 373: A widow may use the deceased husband's surname as though he were still living. Grandsons and other direct male descendants shall either: 1. Art. The court decrees otherwise. III." Art. in accordance with Article 370. If she is the innocent spouse. the word "Junior" can be used only by a son. Art. 371: In case of annulment of marriage. Art. She or the former husband is married again to another person. Add a middle name or the mother's surname. wife is guilty: shall resume her maiden name 2. 372: When legal separation has been granted. the younger person shall be obliged to use such additional name or surname as will avoid confusion. unless: 1. she may choose to continue employing her former husband's surname. or 2. Art. the younger will be obliged to use additional names If between ascendants and descendants the word “junior” can only be used by a son. she shall resume her maiden name and surname. or 2. Add the Roman Numerals II. 376: No person can change his name or surname without judicial authority. and the wife is the guilty party. However. Art. and so on.indicating that she is his wife. * Option is give to the woman. 374: In case of identity of names and surnames. add middle name or mothers surname add roman numerals No change in name or surname without judicial authority Reasons for change in surname: • Exception: if it is for merely changing clerical or typographical error no need for judicial authority . In case of legal separation: wife will continue to use the name she used prior to separation Widow: may continue to use deceased husband’s surname • • If there are similar names. she may resume her maiden name and surname. the wife shall continue using her name and surname employed before the legal separation.
• • (must not involve a change in nationality. collateral relatives) .spouse present *judicial declaration shall not take effect until 6 declaration of absence . difficult to pronounce 2. 378: The unauthorized or unlawful use of another person's surname gives a right of action to the latter. provided it is done in good faith and there is no injury to third persons. change of civil status 3. Absence: . regulations etc. change of surname is permitted . tainted with dishonor.1. legal capacity. ridiculous.relatives who may succeed by the law of intestacy (legitimate.at the instance of an interested party the judge may appoint a person to represent him . status. illegitimate relatives.2 yrs if no news about the absentee . age. rights or duties. no person shall use different names and surnames. 379: The employment of pen names or stage names is permitted. Declaration of absence . Pen names and stage names permitted as long as done in good faith and no one gets injured. 377: Usurpation of a name and surname may be the subject of an action for damages and other relief. ridiculous name 2. But if it is an illegitimate child. Art. Pen names and stage names cannot be usurped. habitually used and known by other people as that 3. .judge shall take necessary measures to safeguard rights and interests of absentee (specify powers. change will avoid confusion. Art. or sex) Change in nickname: 1. 380: Except as provided in the preceding article.change of name does not alter family relations. • The usurpation or use of a name and surname without authority could result in a claim for damages Unauthorized or unlawful use of another’s name also gives right for an action to the latter. Art.heirs instituted in a will months after its publication.) –spouse is preferred if no legal separation. *usurpation means some injury to the interests of the person (possibility of confusion of identity etc) *stage names cannot be usurped as the people have vested rights in them as well. Art. to avoid confusion *laws do not permit a legitimate child of another to adopt the surname of another person even if that person is exercising parental authority.5 yrs if absentee left someone in charge Who may seek . civil status or citizenship.
If absentee reappears he has claim to get what was supposed to be his from those that got it within the prescriptive period. 5 years enough on board a lost vessel during sea voyage. not 4 years) Person in the armed forces engaged in war and is missing for 4 years Person in danger of death and existence has not been known for 4 years. . airplane that is missing and has not been heard of in 4 years since loss. *spouse can’t alienate/encumber property without judicial authority.Some of its effects - Termination of administration Presumption of death through absence Presumption of death in dangerous situations those who have right to the property subordinated to the condition of his death cause for involuntary judicial separation basis for termination of property regime transfer of exclusive properties to the present spouse termination of parental authority when absentee appears of his agent death of the absentee is proved and his heirs appear rd 3 person appears with a right over the property 7 years for intents and purposes except succession 10 yrs for purposes of opening succession if disappeared after the age of 75. *if the absentee appears or his existence is proven he shall recover all his property in the condition they are in but cannot claim the fruits or rents. (if there is a wreckage and person is missing. unless hi has heirs or a representative. his share shall accrue to his co-heirs. (right of representation). *if the absentee is the heir.
Aliens with same qualifications plus a.) 2. Filipino citizen of legal age with full civil capacity and legal rights. UN Convention on Rights of a Child 2. Eligibility: 1. One who is married to a Filipino and seeks to adopt jointly with her a relative within the 4 degree of consanguinity or affinity of Filipino spouse. Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption. Safeguard biological parents from making hurried decisions. care and remains with parents and only when the child can’t be placed with extended family shall adoption by unrelated person be considered.Being a statutory creation. (Counseling. UN Declaration of Social and Legal Principles Relating to the Protection and Welfare of Children 3. State Policy: 1. Not convicted of a crime involving moral turpitude b. Residency requirement is waived if the adopter was: th 1. Domestic adoption . . Foreign country will allow the adoptee to enter such country d. c. a.ADDITIONAL NOTES AND REVIEW AIDS: Adoption: Right to create relationship of parent and child between persons who are not related exists only by virtue of statute. no commitment to a potential adopter before birth. Protect adoptive parents from disturbance of their parental authority over adopted. Pre-Adoption Services: Counseling for natural parents. Seeks to adopt legitimate child of Filipino spouse th 3. Certified to be legally capacitated to adopt . Promote sensitive environment for adoption through campaigns and public information 5.Policy of the state to ensure that child is provided with love. etc. In a position to support and care for 2. Prevent child from unnecessary separation from parents 3. In accordance with tenets of: 1. 6. 4. and adoptee. all requirements must be met with if not. At least 16 years older then the adoptee (unless adopter is the biological parent or spouse of the biological parent) d. Living in the Philippines for at least 3 continuous years i. adopter. Government has sufficient capacity to provide for adoption properly. no rights may flow from this. Emotionally/Psychologically capable of caring for children c. Former Filipino citizen who seeks to adopt a relative with in the 4 degree of consanguinity or affinity 2. Country has diplomatic relations with Philippines b. Encourage domestic adoption and make inter-country adoption a last resort.
One spouse adopts his/her own illegitimate child provided other spouse signifies consent to this 3. Relationship established is only between parent and child. Spouses are legally separated Who may be adopted: 1. etc.Decree becomes effective as of the date petition was filed • Retroacts except when it comes to vicarious liability .No consent can be given prior to birth of child. Social worker should make case study of adopter and adoptee prior to any hearing for adoption 3. Illegitimate child by qualified adopter to improve status 4. Guardian with respect to ward (after clearance of finances Husband and wife shall jointly adopt except: 1.adopter and adoptee become legitimate/ legal heirs of one another (entitled to legitime). gov’t. Effects of Adoption: 1.However if something is left by will the adoptee/biological parent can inherit (from the free portion) . guardian. Child where parents have died (no proceeding until after 6 months from time of death) Consent needed: To make sure everyone knows and accepts the adoption 1. 6-month period to revoke consent by parent after decision has been made. can’t be collaterally attacked . Below 18. One spouse seeks to adopt legitimate child of other 2. Court needs proof that there wasn’t a hurried decision. . Who ever has legal custody of the child (parent. judicially/administratively declared available for adoption 2. Succession . does not extend to other relatives unless expressly provided by law 3. 2.3. adoptee can’t get from parents of adopter) .No right of representation (Meaning if adopter dies. A person of legal age of when younger was treated as adopter’s child since minority 5.Only a direct attack in cases of adoption. Before adoption decree becomes final there is 6 month custody period . Parental authority – all legal ties between biological parent and adoptee severed (unless biological is the one adopting) 2. A childe whose adoption has been previously rescinded 6. Legitimate and adopted children of adoptee (10 years and above) 4. The adoptee if 10 years and over 2.Hearing in adoption cases will be considered confidential and not open to public. Procedure: 1. Illegitimate children if living with adopter (10 years or over) 5. Spouse of adopter . Legitimate child of one spouse by the other 3. After that consent is binding. biological parents won’t get anything. Legitimacy – for all intents and purposes adoptee is considered legitimate child a.Does not inherit form the other relatives.) 3. .
Socio-legal process of adopting a Filipino Child by a foreign national or Filipino Citizen residing abroad where petition for adoption is filed Inter-country adoption board: act as central authority for all matters relating to inter-country adoption . Ensure confidentiality of records 11. Repeated physical or verbal maltreatment 2. Has capacity to act and assume rights and responsibilities of a parent under his national laws. But adopter and adoptee relationship extinguished. If married. Not been convicted of a crime involving moral turpitude 4. Also has undergone counseling form an accredited counselor in his/her country 3. Functions of Board: 1. Inter-country Adoption: . 2. Others Who may be adopted: Only a legally free child (voluntarily or involuntarily committed) Who may adopt: Any alien or Filipino citizen residing abroad provided: 1. Form and Contents of application 6.Board shall ensure that adoption in family code has been exhausted and inter-country adoption is in the best interest of the child.Adopter cannot rescind adoption (can only disinherit) .The board upon recommendation of the placement committee shall only approve matching of a child to a foreign adoptive family. Eligible to adopt under his nationality laws 5.If adoption is rescinded then parental authority of biological parents or Department of Social Welfare will be restored if adoptee is still a minor. Prepare/Modify agreements 12. At least 27 years old and 16 years older then the adopted unless adopter is biological parent.Rescission of adoption: by adoptee or guardian: 1. they must jointly file adoption. Attempt on the life of the adoptee 3. Prevent improper financial gain 8. Sexual assault or violence 4. Abandonment and failure to comply with parental obligations . Guidelines for Matching/Collection 4. Guidelines for the convening of inter-country adoption placement committee 3. Able to give proper care and support 6. Fees and Charges to be executed 5. Formulate policies etc to protect children 7. Rules and regulations 2. Promote development of adoption service 9. Agrees to uphold basic rights of child . . Assist other agencies 13. Accredit/authorize foreign adoption agency 10.
which degrades or demeans intrinsic worth or human dignity of child. adoption is allowed under his or her laws) . Psychological or physical abuse (neglect. Circumstances. . Child Abuse: habitual or non-habitual maltreatment 1. . 2. safety. 3. Procedures and safeguards not complied with 4. Exploitation and Discrimination Act. Living in an area affected by armed conflict 2. Acts by deeds or words. (Philippine maintains authorized and accredited agency. Unreasonable deprivation of basic needs 4. Comes from a country that the Philippines has diplomatic ties with.7.State shall intervene when person who is supposed to protect a child cannot or if those acts are being committed by the parent against the child. Living in an area lacking basic services (indigenous cultural community. coercion. Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements with countries of the foreign adoption agencies. Child exposed to danger. . Living or fending for themselves without the care of anyone 4. Failure to give immediate medical treatment when needed. morals 3. Trial custody: 6 months with submission of progress reports before adoption decree becomes final. Illegal Adoption (presumed): 1.If pre-adoptive relationship is unsatisfactory. absence the foreign agency may propose. Consent for adoption acquired through or attended by force. Working under conditions hazardous to life. it will be terminated and Board may choose from roster of applicants a qualified family. . Matching: Judicious pairing of the applicant and the child to promote a mentally satisfying parent-child relationship. abuse and exploitation . No authority from board 3. Children 18 years or below or those above 18 but are unable to protect themselves from exploitation/discrimination due to physical or mental disability.To be filed with the RTC or the board through an agency.Acts punishable above considered child trafficking RA 7610: Special Protection of Children Against Child Abuse.Attempt to commit offense punishable . sexual abuse) 2.Applicant must fetch child within 30 days after notice of issuance of visa. underdeveloped area) 5. cruelty emotional maltreatment. which gravely threaten or endanger survival and normal development: 1. Analogous situations.No matching arrangement between applicant and parents before the committee’s proposal unless it is relative or it is for the child’s best interest. extreme poverty. . Victim of calamity 6. etc.
Child trafficking: trading. Continuous training of child . Work permit from DOLE 2. Person engaged in finding children from low-income families. relative within the 3 degree of consanguinity social worker of DSWS or other. force or intimidation to make a child beg. Obscene publications and indecent shows: perform obscene exhibitions in shows. and selling of children Attempt to commit: Child travels alone to foreign country without reason or clearance form DSWS.Institute an alternative education for children which is culture specific and relevant to their needs . violence Children of Indigenous Cultural Communities: . Other acts of abuse: use coercion. 3 citizens of the place where it occurred. traffic drugs. Facilitate reunion of families Children arrested for reasons of armed conflict: 1. Immediate free legal assistance 3. Separate detention cells from adults unless they are family. Shall not be object of attack. tobacco. dealing.Delivery of basic social services. Delivery of basic social services 4. Employer shall ensure protection. Release within 24 hours to DSWD or other rd Who may file: offended parents/ guardians. . or conduct other illegal activities . Immediate notice to parents 4.Policy of state to resolve such for best interest of children 1. safety. buying. video or model and sells/distributes this. Prevent exploitation or discrimination 4. 2. ascendants. Barangay chairman. Situations of Armed Conflict: . pregnant women consents to adoption for a consideration.Establishments where these acts are done will be closed and their license to operate will be canceled. entitled to special respect 2. Working Children: below 15 years of age can work provided: 1. morals 3.Cant employ child in commercials for alcohol. Attempt to commit: Any person who is in a secluded area with a child and such person is not a relative.Child prostitution and other sexual acts/abuse: For any consideration or through coercion or influence indulge in sexual acts. establishment which recruits women to bear children. Public infrastructures (schools. health. Not recruited in army 3. hospitals) not to be used 5.
Article 43: Donations made in subsequent marriages without judicial declaration of nullity or in case of reappearance if the donee acted with bad faith. or Article 44. Marriage is not celebrated or is void ab initio (including art. Acts of ingratitude: . or children . 8.marriage is void: 5 years from Judicial Declaration of Nullity (if doesn’t want to give it back. 6.5 years from finality of decree. his wife.5 years from the time he had knowledge that consent was not obtained.Article 86: Donor may revoke donation by reason of marriage in the following cases Article 87 5. Marriage takes place without consent of parents Prescription: . . Upon legal separation when donee is the guilty spouse Prescription: . prescribe after 8 years for movable.donee imputes to the donor any criminal offense involving moral turpitude unless it against the donee . 7. Prescription: .donee commits an offense against the person or property of the donor. Revoked by operation of law: 1.1 year from the time the donor had knowledge of the fact of ingratitude -husband and wife can’t donate to each other -also those who cohabitate with each other Exception: If the donation is in the marriage settlement it will be revoked by operation of law. Exception: can give moderate gifts. then automatically revoked Exception: if the ground for legal separation is infidelity in the form of adultery or concubinage it will be automatically void.donee unduly refuses to support donor when he is legally or morally bound to give support. 52-53) Prescription: . 30 years for immovable) . after the marriage. When there is a resolutory cause and the condition has been complied with Prescription: 5 years from the happening of the resolutory condition. Exception: If the marriage is void due to Article 40. Exception: between husband and wife prescription does not run.marriage not celebrated: 5 years from when it was not celebrated 6.
Cooperate with the family Legitimate Those conceived in the 15-day period prior to the finality of the decree of annulment. moral and intellectual development duties of the child 1.2. live in an atmosphere conducive to his physical. respect his grandparents. obey and honor his parents or guardian 2. Article 87: Donations between husband and wife (direct or indirect). Donations given to one by another when they have committed adultery or concubinage is void and revoked by operation of law. marriage does not make child legitimate Children conceived and born prior to the marriage if there are no legal impediments at that time then the subsequent marriage will make them legitimate. Article 44: When both spouses acted with bad faith then all donations and testamentary dispositions shall be revoked. Even if made by both spouses for a purpose other than vocational or professional. 3. Conceived or born before a voidable marriage is terminated Children conceived or born in a void marriage pursuant to article 40. or those who cohabit = void a. and 53 Children conceived or born in a void marriage because of psychological incapacity *but if child was conceived and born prior to the marriage. moral and civic training 4. old relatives and those with substitute parental authority. 3. . 4. Article 81: Donations and other stipulations made in the marriage settlement by reason of marriage shall be revoked by operation of law is marriage is not celebrated 5. CHILDREN: Rights under title 12 of civil code 1. 4. 52. Exception to when parents cannot administer property: Illegitimate Children born in a valid marriage but is impugned by the father Children conceived or born in a void marriage Cannot be legitimated: when from an adulterous relationship or bigamous marriage. receive at least elementary education 3. 6. Exert his utmost for his education and training. Article 64: (Legal separation) the offending spouse will be disqualified from inheriting from innocent spouse in intestate succession. provisions in favor of the offending spouse in the will of the innocent spouse shall be revoked by operation of law. entitled to parental care 2.
6. Parents abandoned their children. Spouse has given cause for legal separation 5. Child or descendant leads a dishonorable or disgraceful life 8. When parent is incapacitated to succeed one due to unworthiness: i. Conviction of a crime with civil interdiction ii. Parent or ascendant has been convicted of an attempt against the life of the testator his or her spouse. intimidation. undue influence causes new will or change will 6.1. 2. Maltreatment of the testator by word or deed by the child or d 7. 919: following shall be sufficient causes for disinheritance of children. or induced their daughters to live a corrupt or immoral life. Refusal to support children or descendants without justifiable cause. 1032: unworthiness 1. Spouse by fraud. Art. When parents have abandoned their children. descendants or ascendants. violence. 8. Parent or ascendant convicted of concubinage with spouse of testator 5. A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant 6. attempted against her virtue . intimidation… 4. Article 920: following shall be sufficient causes for disinheritance of parents or ascendants. unless there has been reconciliation iii. Article 921: disinheriting a spouse 1. 5. i. 3. Spouse accused testator of crime… 3. Attempt of one of the parents against the life of the other. Accused testator of a crime… 4. Spouse convicted of attempt against. whether legitimate or illegitimate 1. induced their daughters to live corrupt or immoral life. 3. Parent or ascendant by fraud. descendants or ascendants. 2. if it is found to be groundless. which the law prescribes imprisonment for 6 years or more. children and descendants of he person disinherited shall take his place and shall preserve rights of compulsory heirs with respect to legitime.. When the spouse has given grounds for loss of parental authority. 4. descendant has accused the testator of a crime. When a child or d has been convicted with adultery or concubinage with the spouse of the testator. When a child or d by fraud. Loss of parental authority 7. violence. Article. Unjustifiable refusal to support the children or other spouse 2. descendants 1. or undue influence causes the testator to make a will or change one he has already made. When the child. or attempted against their virtue 2. Child or descendant has been found guilty of an attempt against the life of the testator his or her spouse.
abandonment for more than one year can lead to legal separation . 5. Relatives of 1 within the fourth degree. Accused of a crime… 4. Physician. Convicted of an attempt against the life of the testator. parents or children. Individuals. Those made to a guardian by his ward before the final accounts have been approved unless guardian is ascendant. (not applicable wherein law there is no obligation to make an accusation. Any attesting witness to the execution of a will. brother or sister or spouse 4. judicial separation of property. Any heir of full age who. 1027: the following are incapable of succeeding 1. etc who took care of testator during last illness 6. By same means. (physical. or descendants or ascendants. financial and moral desertion) . should fail to report it to an officer within a month unless authorities have already taken action. Person convicted or adultery or concubinage with the spouse of the testator 6. and sole administration . prevents one from making will. Cause testator to make or change will 7. his spouse. Incapable of succeeding i. having knowledge of the violent death of the testator. associations. the spouse.2. 5. Falsifies or forges will of decedent b. revoking will. 3. A spouse who has left the conjugal dwelling for a period of 3 months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling. descendant. Art.spouse can seek for receivership. • Prohibited compromise: matters which cannot be negotiated nor set by agreement: ! Civil status ! Validity of marriage or of a legal separation ! Ground for legal separation ! Future support ! Jurisdiction of the courts ! Future legitimes Abandonment: he or she has left the conjugal dwelling without intention of returning. the church or institution to which such minister may belong 3. or concealing will 8. surgeon. Priest etc who hear confession of testator during his last illness or minister who extended spiritual aid to him 2. corporations not permitted by law to inherit. nurse. spouse. parents or children or an one claiming under such witness.
relative. Article 47 Article 47 Article 47 Article 47 Article 47 Article 50-51 Article 57 Article 58 Article 61 Article 61 Article 64 Article 182 Contents Marriage certificate with affidavit for marriages in articulo mortis or remote residence Action or defense for absolute nullity (anyone can file) For one who obtains a marriage without prior consent after he reaches the age of 21 By the sane spouse without knowledge of insanity. After the laps of 6 months after the filing of the petition.Any time between 18-21 years old by parents . undue influence For STD and physical incapacity Entry of judgment and decree of nullity become final Prescription of action for legal separation Legal separation trial (during trial they are entitled to live separately already) After filing of complaint respondent should answer but is not in default if not answered Action for legal separation Revocation by choice of the innocent spouse of donations after decree of legal separation Impugning legitimacy by those who are prejudiced Deadlines/prescriptions Within 30 days after the performance of the marriage Does not prescribe . force. 87) 5 years from the time their cause of action accrues .Deadlines: Article Article 30 Article 38 Article 47 *If ratified then can no longer be annulled. (Unless the donation is actually void Art. Anytime before the death of either 5 years after having knowledge 5 years after it ceases 5 years after the marriage 15 days from receipt of the parties of the decision 5years from the occurrence of the cause. or person having legal charge By the insane during a lucid interval Consent through fraud Consent through intimidation. 15 days after receipt of summons Terminates upon death of either spouse 5 years after the decree of legal separation becomes final. guardian.5 years after reaching 21 by the party. Anytime before the death of either party.
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