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PERSONS AND FAMILY RELATIONS

I. Effect and Application of Laws (Arts. 1-18)
Effectivity of Laws (Art. 2)
1. Publication Requirement; What to Publish
Importance of Publication
Ignorance of Law excuses no one (Art. 3)
1. Mistake of law v. Mistake of Fact:
a. Art. 526 –mistake on doubtful or difficult provision of law is basis for good faith - mitigates but
does not extinguish liability;
b. Art. 1334 – mutual error on legal effect of agreement- may vitiate consent;
c. Art. 2155 – mistake in payment gives rise to right to return of erroneous payment
Garcia vs. Recio G.R. No. 138322, Oct. 2, 2002
Prospective Application of Laws (Art. 4)
1. Exception
a. If provided in the law itself
b. Procedural law
c. Penal law if favorable to the accused
d. Curative and Repealing statutes;
e. Creating new rights
f. Tax statutes
g. Interpretative Statutes
2. Exception to the Exception
a. Ex post facto laws;
b. Penal laws not favorable to the accused;
c. Substantive laws impairing vested rights.
Acts Contrary to Mandatory or Prohibitory Provisions are Void (Art. 5)
1. Exceptions
a. The law makes the act valid BUT punishes THE VIOLATOR
b. The law itself authorizes its validity
c. The law makes the act only voidable
d. The law declares the nullity of an act but recognizes its effects as legally existing
Waiver of Rights (Art. 6)
1. Requisites
2. Exceptions
a. Waiver is contrary to law, public order, public policy, morals or good customs;
b. If the waiver is prejudicial to a third party with a right recognized by law.
c. Alleged rights which really do not yet exist, as in the case of future inheritance
d. If the right is a natural right, such as right to be supported.
Repeal of Laws (Art. 7)
1. Kinds of Repeal
a. Express

b.each year based on birth anniversary 3. Capacity to succeed . Years. 444. Order of successional rights 2. Policy if last day is a Sunday or Legal Holiday Penal Laws (Art. Days – 24 hours d. Rule on Computation of Period: First day excluded. 11-12) 1.b. etc) 2. Condition 4. 2. Property transactions (real or personal) – lex situs. d. Months-30 days. Requisites to make a custom an obligatory rule a. 14) a) Applicability in the Philippines if committed here b)Territoriality 1. Implied (not favored) 2. Legal Capacity 2. Treaty Stipulations Civil Laws (Art. such that it is considered as obligatory upon all Computation of Period and Time (Art. Status 3. Exceptions 1. Local Government Code Judicial Decisions form part of the law of the land (Art. unless year identified b. Exception: Computation of age . Amt of successional rights 3. Effects 3. Intrinsic validity of testamentary provisions 4. The community accepts it as a proper way of acting. Practiced by the great mass of the social group. Public International Law (Diplomatic Immunity. 13) 1. Exception to Exception: National Law of Decedent 1. 8) Doctrine of stare decisis Duty of Judges (Art. Exceptions 1. unless month identified c. Plurality or repetition of acts. Sec.365 days. c. 10) Customs (Art. Continued practice for a long period of time. last day included a. Nights . 9) Doubtful Statues (Art.sunset to sundown 2. 15-17) General Rule: Nationality Principle a) Family Rights and Duties 2.

32 2. 2. R.3. Exception: Intrinsic validity and Art.Art. Personality. 6809 4.A. 1 FC 3. Art. par. Capacity to Act a. 2 FC 4. 37-51) 1. Juridical Capacity vs. Renvoi Doctrine Art. 34 4. Quasi Delict or Culpa Aquilana – Art. Rules of Court Application to civil. Restrictions/Limitations and Modifications on Capacity to Act 2. Beginning and End of Personality i. Rule 111. 33 3. When child considered born b. Juridical Persons . Etc. Theory of General Capacities 3. Persons (Art. Fraud. 26. Refusal or failure of city ot municipal police to render protection – Art. 19-21 1) Doctrine of Abuse of Right Requisites 2) Doctrine of Volenti non fit Injuria 3)Damnum Absque Injuria 4) Acts Contra Bonus Mores 5) Breach of Promise to Marry Unjust Enrichment (Art. Prejudicial Question (Art. Defamation. 18 Suppletory application of Civil Code in matters governed by special law II. administrative cases III. par. Human Relations (19-36) Art. Natural Persons a. 2177 1. 22) 1. 3. Physical Injuries – Art. Lex Loci Celebrationis i. 26. 2176. Accion in rem verso Respect for Other’s Privacy. 26) Independent Civil Actions 1. criminal. (Art. Breach of Constitutional and Other Rights . 1. 36) General Rule: Criminal Case takes precedence Exception: Sec.

3. 21-25 parental advice: valid if none but issuance of marriage license suspended for 3 months i. 21) 5. Persons authorized b.a. Effect if license issued before 3 months – mere irregularity 3. Formal c. When either or both parties are foreign citizens. Sex 2. Absence of Essential or Formal: Void 1. Theory of Special Capacities 5.36-38. Art. Stateless persons or refugees (Art. How Created/ Terminated b. 6809 THE FAMILY CODE Title I. Rules on Survivorship 6. Definition (Art. 20 Chapter 2-Marriages Exempt from Marriage License (Art. criminally or administratively 1. Defective Essential: Voidable iii. Domicile vs. Exception: Art. Exception: Voidable if no consent from parents. 9.52-53) ii. person unauthorized to solemnize marriage Art. 2-6) a. 35(2) ii. Effects i. Exception: Either or both parties in good faith. 4. Marriage Ceremony a. Ordinary Contract Requirements (Art. Marriage Chapter 1 Requisites of Marriage 1.35(4). Absence of Impediments (Art. No Good faith exception b. Art. Residence Republic Act No. Consent b. Legal Capacity 1. 10. Age a. 2. either or both of contracting parties at 18 or above but below 21 Authority of solemnizing officer (Art 7) a. Irregular Formal: Valid but persons liable punished civilly. Special Contract vs. No particular form prescribed . 35(2) Valid Marriages License a. 27-34) a. Art. Essential i. 1) a. 18-21 requires parental consent: voidable if none b.

35(4)) a. . 41) i. General Rule: Where one or both parties to the marriage are citizens of the Philippines. 35(2)) a. Without judicial declaration of presumptive death of absent spouse (Art. 2. 43) i. 41. 35(5)) Void Subsequent Marriage a. 7. Minimum requirements: i. Presumptive Death (Art. 26(2)) i.b. the foreign marriage is valid in this country if solemnized in accordance with the laws of the country of celebration b. even with consent of parents/guardians (Art. FC) iii. Effect of Termination of Subsequent Marriage (Art.Void and Voidable Marriages Void Marriage 1. 41) c. 6. void due to psychological incapacity vi. Valid marriage between Filipino citizen and foreigner 2. void for reasons of public policy c. 5. 3. contracted through mistake of one party as to the identity of the other iv. not affect validity of marriage Foreign Marriage a. partition and distribution of the property of the spouses and the delivery of the children’s presumptive legitimes (Arts. 35(1)) Absence of authority of person who solemnized the marriage (Art. 44) d. Requisites 1. Divorce (Art. Exception: Any or both of parties in good faith Absence of Marriage License a. 8) i. incestuous vii. Where any party is below 18. Without judicial declaration of nullity of previous void marriage (Art. 40) b. Marriage Certificate – best evidence b. Absence merely an irregularity Non-Essential/Non-Formal Requirements a. Declaration that they take each other as husband and wife iii. bigamous or polygamous (except as provided in Art. Where the absent spouse was presumed dead. contracted following the annulment or declaration of nullity of a previous marriage but before partition v. Exceptions: Art 27-34 Bigamous or Polygamous (Art. Directory. and both the present spouse and would–be spouse were in bad faith in contracting marriage (Art. Venue of Marriage (Art. 6. Effect of Reappearance of Absent Spouse Mistake in (Physical) Identity (Art. Failure to record in the civil registry and registry of property the judgment of annulment or of absolute nullity of the marriage. contracted by a national who is below 18 years of age ii. 52–53) e. Appear before Solemnizing officer 1. Children of the subsequent marriage conceived prior to its termination shall be considered legitimate. Presence of at least 2 witnesses of legal age 1. 4. Valid divorce obtained by alien spouse capacitating him/her to remarry Chapter 3. Exceptions: i. Proxy Marriage ii.

The surviving spouse of the adopted child & the adopter g. iii. ii. 45) a. or 3. incapacity continues and appears to be incurable i. and v. Between ascendants and descendants of any degree b. Donations by reason of marriage remain valid except if the donee contracted the marriage in bad faith. his share in the net profits shall be forfeited: 1. Nin-disclosure of previous conviction by final judgment – crime involving moral turpitude ii. Grounds: Must exist at time of Marriage (Art. Doctrine of Triennial Cohabitation f. Step–parents & step children c. The adopting parent & the adopted child e. Adopted children of the same adopter i. Consent obtained by Fraud i. Elements b. Consent obtained by force. Parents–in–law & children–in–law d. If none. Wife Concealed pregnancy by another at time of marriage iii. in favor of the innocent spouse. Parents/Guardian who did not give consent before party reaches 21 b. If either spouse acted in bad faith. Adopted child & a legitimate child of the adopter h. intimidation or undue influence e. j. Either physically incapable of consummating marriage. 2. Collateral blood relatives whether legitimate or illegitimate up to the 4th civil degree b. Concealment of STD existing at time of marriage iv. The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate or intestate succession Psychological Incapacity a. with the intention to marry the other. Period for filing a. Dissolution & liquidation of the absolute community or conjugal partnership. Either party unsound mind c. Between brothers and sisters whether of the full or half blood Void for Reasons of Public Policy a. Concealment of drug addiction. 37) a. or his/her spouse. The fact of killing committed by one of the parties to the marriage can be proved in a civil case Voidable Marriage 1. killed the latter’s spouse. 2. Party within 5 years from majority unless freely cohabited . There is no need for conviction in a criminal case of the guilty party. 8.7. iv. In default of children. The surviving spouse of the adopting parent & the adopted child f. Parties where one. 9. The innocent spouse may revoke the designation of the spouse in bad faith as the beneficiary in any insurance policy. Either party afflicted with serious STD which appears to be incurable Persons who may file action for annulment. 18 or over but below 21 without consent of parents or guardian b. In favor of the common children. in favor of the children of the guilty spouse by previous marriage. habitual alcoholism or homosexuality or lesbianism at time of marriage d. Molina Doctrine Incestuous (Art.

e. either party or any relative or person having legal charge Within 5 years from discovery by injured party unless thereafter freely cohabited Within 5 years after force. Grounds (Art. intimidation or undue influence ceased by the injured party unless thereafter freely cohabited f. Cooling-off Period (Art.c. Marriage Settlement a. 2. Requisites b. 2. 4. Presumptive Legitime v. Live Together Mutual Love. 124(1)) a. 96. Liquidation of Community of Property vii. Effects of Filing Petition b. Injured party within 5 years from marriage for STD and or incapacity to consummate marriage Role of Prosecuting Attorney/ Public Prosecutor Effect of Termination of Marriage a. Testate or Intestate Succession viii. Property Relations Between Husband and Wife (Art 74-81) 1. Both spouses aliens ii. General Rule: Property Relation governed by Phil Laws (Art. Children i. child) iv. Joint Administration (Art. 5. 3. 58) Grounds for Denial of Petition (Art. Exception: i. and Fidelity Mutual Help and Support Title 4. Art. Donation Propter Nuptias Title 2 Legal Separation 1. Property Relation vi. Not situated and executed in the Philippines . d.Rights and Obligations Between Husband and Wife (Art 68-73) 1. 76) Absence of Marriage Settlement. Status ii. Custody iii. As to extrinsic validity of Contracts 1. 80) b. Exception: Judicial Separation of Property During Marriage (Art. Respect. 3. 2. 55) a. Modifications: Must be made before marriage i. 56) Period for filing (Art. Support (Spouse. 4. During the lifetime. 3. 57) Effects of Decree of Legal Separation Effects of Reconciliation Title 3. Insurance Policy ix.

a. General Rule: consist of all property owned by the spouses at the time of the marriage or acquired thereafter (Art. property for personal and exclusive use except jewelry c. Grounds for Revocation Property Relations Governed By 1. property acquired during the marriage by gratuitous title. testator or grantor expressly provides otherwise (Art. 92) 3. Donation Between Spouses during the marriage 11. 109) Rule in case of Improvement of Exclusive Proeprty a. Properties under Conjugal Partnership of Gains Exclusive Property of Each Spouse (Art. By provisions of the Code 3. Wife – relief from courts within 5 years from transaction 4. Requisites b. 2. Liquidation (Art. Failure to Comply with Obligation (Art. 128) 9. 96. Accession b. except when the donor. Charges upon and Obligations 7. 5. Acts of Ownership 7. Administration vs. Reverse Accession Charges Upon and Obligations Liquidation . 124(2)) 5. Transfer of Administration (Art. Marriage Settlement 2. Situated in the foreign country but not executed in the Philippines iii. Donations By Reason of Marriage a. 3. Distinguished from ordinary donation 10. Administration and Disposition 4.2. 91) 2. By Local Customs Absolute Community of Property 1. Exceptions property acquired before the marriage by either spouse who has legitimate descendants by a former marriage b. 142) 6. 102) 8. Rule on Game of Chance 5. Remedies of Present Spouse in case of Abandonment 6. 99) Conjugal Partnership of Gains 1. 101. Management of Household 8. Incapacity of Spouse or cannot provide for joint administration – Assumption of Sole Administration (Art. 4. Husband’s Decision Prevails a. Grounds for Termination (Art. Contrary Stipulation 3. In case pf Disagreement.

Art. Applicability b. Conceived or born of Subsequent marriage under Art.Separation of Property 1. 36 has become final and executory d. 2. Conceived or born of mothers who might have declared against legitimacy or sentenced as adultress f. Continue case instituted by husband d. Born of voidable marriage before decree of annulment c. 151.Paternity and Filiation Title 7. 2. Grounds . Posthumous birth (full period) 3. Family Relation Mandatory Prior Recourse to Compromise (Art. Marriage Settlement (Art. General Rule: Exempt from executions b. Husband dies before period expires (have the remainder) 2.Property Acquired by Both e. Causes b. Artificial Insemination b. 3. Generally instituted only by husband b.Effects Union Without Marriage 1. Conceived or born before judgment of nullity under Art. 147 and 148 a. 53 e. Title 6. 134) Judicial Order a.Salaries and Wages c. Legitimated Rules on Impugning Legitimacy a.Adoption Legitimate Children 1. Exception: Heirs may file 1. NCC) a. Property Acquired Exclusively By other Party d. Prescriptive period c. General Rule: Conceived or born during a valid marriage Exceptions a.Exceptions c. 2. Family Home a. Exceptions 3. Legally adopted g. Presumption Title 5-The Family 1.

Dwelling c. Not based on parental authority. Conventional Characteristics a. Provisional Character of Support Judgment g. 5. 3. 218) Kinds of Properties of a Minor a. In transmissible c. 216) Persons exercising Special Parental Authority (Art. Transportation Kinds a. Needs of Recipient a. Exempt from attachment or execution e. Basis: Financial Capacity of Giver.Support 1. 4. Who can claim b. Mandatory Persons Obliged to Support each other (Art. 6. Inter-country Adoption Title 8. 195) Order of Liability if Several Persons Obliged to give Support (Art. Clothing d. Domestic Adoption Act b.4.Parental Authority 1. Proof of Filiation Adoption a. 2. Personal b. 5. 199) Title 9. Substance b. 2. Not subject to waiver or compensation d. Parental Preference Rule d. Reciprocal f. 3. Adventitious b. Judicial c. Legal b. Medical Attendance e. Profectitious . General Rule: Exercised Jointly Exceptions: a. Judicial Order to the Contrary b. Illegitimate Child c. 5. Actions to claim Legitimate/ Illegitimate Status a. hence hoes not terminate with emancipation Coverage a. Education f. Rule in case of Legal Separation Persons exercising Substitute Parental Authority (Art. 4.

Emancipation and Age of Majority Title 11. Married women i. Judicial Declaration of Abandonment f. 4. Ridiculous. Death c. Appointment of another as general guardian e. Excessive harshness ii. Reason for interest of State a. Judicial declaration of incapacity g. Prevent confusion of identity b.Use of Surname 1.Grounds i. Adoption of Filipino name to remove traces of alienage iv. Permanent/ Temporary Title 10. RA 9048 Grounds Title 13. Emancipation b. Court Approval b. 2. Corrupting orders iii. Reaching 18 years of Age RA 6809 Change of First Name or Nickname 1. Grounds for Suspension of Parental Authority a.Prevent use of name for illegal purposes Legal Name – What appears in Birth Certificate Change – Rule 103. 3. Final Judgment Divesting Parental Authority i. Compelling child to beg iv. Acts of lasciviousness vi. etc Rules on what to use a. Illegitimate children c. 2. Dishonorable ii. May not do so if has been using husband’s surname for a long time . Adopted child d. Legal cause – adoption.6. Adoption d.Summary Judicial Proceedings in the Family Law 1. Rape v. Rules of Court a. Extreme Difficultt to Pronounce iii. May retain maiden name 1. 2. Legitimate or legitimated children b.

2. Duty and right to make arrangement about funerals is in accordance with right and Duty to support under Article 199. Distrinction Elements of Domicile Kinds of Domicile Requirements for Acquisiton of New Domicile Funerals 1. Marriage Annulled i. his religious beliefs or affiliation shall determine ii. Legal Separation g. 3.Civil Registrer (Art 407-413) 1)Civil Registrer (Art 407) 2)Duty of Clerk of Court (Art 409) 3)Civil Responsibility of Registrar (Art 411) . Wife Innocent f. Effect on subsequent marriage of spouse present b. the funeral shall be in accordance with the expressed wishes of the deceased i. Persons with same names i. Usurpation of another’s name Citizenship and Domicile 1. FC 2.Absence 1. the funeral shall be in keeping with the social position of the deceased 3.e. Provisional Abesence Declaration of Absence Presumption of Death Reappearance of absentee a. Death of Husband h. 4. Effect on Properties Title 16. 2. the persons in Article 199. Wife guilty ii. 4. FC shall decide 5. in the absence of the expressed wishes. 3. the tombstone or mausoleum is deemed a part of the funeral expense and chargeable against the community or conjugal partnership property Titlee 14. in case of doubt. any person who disrespects the dead or allows the same shall be liable for damages If the deceased is married.