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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. Implied (not favored)


2. Effects
3. Sec. 444, Local Government Code
Judicial Decisions form part of the law of the land (Art. 8)
Doctrine of stare decisis
Duty of Judges (Art. 9)
Doubtful Statues (Art. 10)
Customs (Art. 11-12)
1. Requisites to make a custom an obligatory rule
a. Plurality or repetition of acts;
b. Practiced by the great mass of the social group;
c. Continued practice for a long period of time;
d. The community accepts it as a proper way of acting, such that it is considered as obligatory
upon all
Computation of Period and Time (Art. 13)
1. Rule on Computation of Period: First day excluded, last day included
a. Years- 365 days, unless year identified
b. Months-30 days, unless month identified
c. Days 24 hours
d. Nights - sunset to sundown
2. Exception: Computation of age - each year based on birth anniversary
3. Policy if last day is a Sunday or Legal Holiday
Penal Laws (Art. 14)
a) Applicability in the Philippines if committed here
b)Territoriality
1. Exceptions
1. Public International Law (Diplomatic Immunity, etc)
2. Treaty Stipulations
Civil Laws (Art. 15-17)
General Rule: Nationality Principle
a) Family Rights and Duties
2. Status
3. Condition
4. Legal Capacity
2. Exceptions
1. Property transactions (real or personal) lex situs,
2. Exception to Exception: National Law of Decedent
1. Order of successional rights
2. Amt of successional rights
3. Intrinsic validity of testamentary provisions
4. Capacity to succeed

3. Art. 26, par. 2 FC


4. Lex Loci Celebrationis
i. Exception: Intrinsic validity and Art. 26, par. 1 FC
3. Renvoi Doctrine
Art. 18
Suppletory application of Civil Code in matters governed by special law
II. Human Relations (19-36)
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. 22)
1. Accion in rem verso
Respect for Others Privacy, Personality, Etc. (Art. 26)
Independent Civil Actions
1. Breach of Constitutional and Other Rights - Art. 32
2. Defamation, Fraud, Physical Injuries Art. 33
3. Refusal or failure of city ot municipal police to render protection Art. 34
4. Quasi Delict or Culpa Aquilana Art. 2176, 2177

1.
2.
3.

Prejudicial Question (Art. 36)


General Rule: Criminal Case takes precedence
Exception: Sec. 1, Rule 111, Rules of Court
Application to civil, criminal, administrative cases
III. Persons (Art. 37-51)
1. Juridical Capacity vs. Capacity to Act
a. Restrictions/Limitations and Modifications on Capacity to Act
2. Natural Persons
a. Beginning and End of Personality
i. When child considered born
b. Theory of General Capacities
3. R.A. 6809
4. Juridical Persons

a. How Created/ Terminated


b. Theory of Special Capacities
5. Rules on Survivorship
6. Domicile vs. Residence
Republic Act No. 6809

THE FAMILY CODE


Title I. Marriage
Chapter 1 Requisites of Marriage
1.
2.

3.

4.

Definition (Art. 1)
a. Special Contract vs. Ordinary Contract
Requirements (Art. 2-6)
a. Essential
i. Legal Capacity
1. Sex
2. Age
a. 18-21 requires parental consent: voidable if none
b. 21-25 parental advice: valid if none but issuance of marriage license
suspended for 3 months
i. Effect if license issued before 3 months mere irregularity
3. Absence of Impediments (Art.35(4),36-38,52-53)
ii. Consent
b. Formal
c. Effects
i. Absence of Essential or Formal: Void
1. Exception: Art. 35(2)
ii. Defective Essential: Voidable
iii. Irregular Formal: Valid but persons liable punished civilly, criminally or administratively
1. Exception: Voidable if no consent from parents, either or both of contracting
parties at 18 or above but below 21
Authority of solemnizing officer (Art 7)
a. Persons authorized
b. Exception: Either or both parties in good faith, person unauthorized to solemnize marriage Art.
35(2)
Valid Marriages License
a. Art. 9, Art. 10, Art. 20

Chapter 2-Marriages Exempt from Marriage License (Art. 27-34)


a. No Good faith exception
b. When either or both parties are foreign citizens, Stateless persons or refugees (Art. 21)
5.

Marriage Ceremony
a. No particular form prescribed

b.

6.

7.

Minimum requirements:
i. Appear before Solemnizing officer
1. Proxy Marriage
ii. Declaration that they take each other as husband and wife
iii. Presence of at least 2 witnesses of legal age
1. Absence merely an irregularity

Non-Essential/Non-Formal Requirements
a. Marriage Certificate best evidence
b. Venue of Marriage (Art. 8)
i. Directory, not affect validity of marriage
Foreign Marriage
a. General Rule: Where one or both parties to the marriage are citizens of the Philippines, the foreign
marriage is valid in this country if solemnized in accordance with the laws of the country of
celebration
b. Exceptions:
i. contracted by a national who is below 18 years of age
ii. bigamous or polygamous (except as provided in Art. 41, FC)
iii. contracted through mistake of one party as to the identity of the other
iv. contracted following the annulment or declaration of nullity of a previous marriage but
before partition
v. void due to psychological incapacity
vi. incestuous
vii. void for reasons of public policy
c. Divorce (Art. 26(2))
i. Requisites
1. Valid marriage between Filipino citizen and foreigner
2. Valid divorce obtained by alien spouse capacitating him/her to remarry

Chapter 3- Void and Voidable Marriages


Void Marriage
1.
2.
3.
4.
5.
6.

Where any party is below 18, even with consent of parents/guardians (Art. 35(1))
Absence of authority of person who solemnized the marriage (Art. 35(2))
a. Exception: Any or both of parties in good faith
Absence of Marriage License
a. Exceptions: Art 27-34
Bigamous or Polygamous (Art. 35(4))
a. Presumptive Death (Art. 41)
i. Effect of Reappearance of Absent Spouse
Mistake in (Physical) Identity (Art. 35(5))
Void Subsequent Marriage
a. Without judicial declaration of nullity of previous void marriage (Art. 40)
b. Without judicial declaration of presumptive death of absent spouse (Art. 41)
c. Where the absent spouse was presumed dead, and both the present spouse and wouldbe spouse
were in bad faith in contracting marriage (Art. 44)
d. Failure to record in the civil registry and registry of property the judgment of annulment or of
absolute nullity of the marriage, partition and distribution of the property of the spouses and the
delivery of the childrens presumptive legitimes (Arts. 5253)
e. Effect of Termination of Subsequent Marriage (Art. 43)
i. Children of the subsequent marriage conceived prior to its termination shall be
considered legitimate;

7.
8.
9.

ii. Dissolution & liquidation of the absolute community or conjugal partnership. If either
spouse acted in bad faith, his share in the net profits shall be forfeited:
1. In favor of the common children;
2. If none, in favor of the children of the guilty spouse by previous marriage; or
3. In default of children, in favor of the innocent spouse;
iii. Donations by reason of marriage remain valid except if the donee contracted the marriage
in bad faith;
iv. The innocent spouse may revoke the designation of the spouse in bad faith as the
beneficiary in any insurance policy; and
v. 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. Elements
b. Molina Doctrine
Incestuous (Art. 37)
a. Between ascendants and descendants of any degree
b. Between brothers and sisters whether of the full or half blood
Void for Reasons of Public Policy
a. Collateral blood relatives whether legitimate or illegitimate up to the 4th civil degree
b. Stepparents & step children
c. Parentsinlaw & childreninlaw
d. The adopting parent & the adopted child
e. The surviving spouse of the adopting parent & the adopted child
f. The surviving spouse of the adopted child & the adopter
g. Adopted child & a legitimate child of the adopter
h. Adopted children of the same adopter
i. Parties where one, with the intention to marry the other, killed the latters spouse, or his/her
spouse.
j. There is no need for conviction in a criminal case of the guilty party. The fact of killing committed
by one of the parties to the marriage can be proved in a civil case

Voidable Marriage
1.

2.

Grounds: Must exist at time of Marriage (Art. 45)


a. 18 or over but below 21 without consent of parents or guardian
b. Either party unsound mind
c. Consent obtained by Fraud
i. Nin-disclosure of previous conviction by final judgment crime involving moral
turpitude
ii. Wife Concealed pregnancy by another at time of marriage
iii. Concealment of STD existing at time of marriage
iv. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism at
time of marriage
d. Consent obtained by force, intimidation or undue influence
e. Either physically incapable of consummating marriage, incapacity continues and appears to be
incurable
i. Doctrine of Triennial Cohabitation
f. Either party afflicted with serious STD which appears to be incurable
Persons who may file action for annulment, Period for filing
a. Parents/Guardian who did not give consent before party reaches 21
b. Party within 5 years from majority unless freely cohabited

c.
d.
e.

3.
4.

During the lifetime, 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, intimidation or undue influence ceased by the injured party unless
thereafter freely cohabited
f. 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. Children
i. Status
ii. Custody
iii. Support (Spouse, child)
iv. Presumptive Legitime
v. Property Relation
vi. Liquidation of Community of Property
vii. Testate or Intestate Succession
viii. Insurance Policy
ix. Donation Propter Nuptias

Title 2 Legal Separation


1.

2.
3.
4.
5.

Grounds (Art. 55)


a. Effects of Filing Petition
b. Cooling-off Period (Art. 58)
Grounds for Denial of Petition (Art. 56)
Period for filing (Art. 57)
Effects of Decree of Legal Separation
Effects of Reconciliation

Title 3- Rights and Obligations Between Husband and Wife (Art 68-73)
1.
2.
3.

Live Together
Mutual Love, Respect, and Fidelity
Mutual Help and Support

Title 4. Property Relations Between Husband and Wife (Art 74-81)


1.

2.

Marriage Settlement
a. Requisites
b. Modifications: Must be made before marriage
i. Exception: Judicial Separation of Property During Marriage (Art. 76)
Absence of Marriage Settlement, Joint Administration (Art. 96, Art. 124(1))
a. General Rule: Property Relation governed by Phil Laws (Art. 80)
b. Exception:
i. Both spouses aliens
ii. As to extrinsic validity of Contracts
1. Not situated and executed in the Philippines

2. Situated in the foreign country but not executed in the Philippines


iii. Contrary Stipulation
3. In case pf Disagreement, Husbands Decision Prevails
a. Wife relief from courts within 5 years from transaction
4. Incapacity of Spouse or cannot provide for joint administration Assumption of Sole Administration (Art.
96, 124(2))
5. Transfer of Administration (Art. 142)
6. Administration vs. Acts of Ownership
7. Management of Household
8. Failure to Comply with Obligation (Art. 101, 128)
9. Donations By Reason of Marriage
a. Requisites
b. Distinguished from ordinary donation
10. Donation Between Spouses during the marriage
11. Grounds for Revocation

Property Relations Governed By


1. Marriage Settlement
2. By provisions of the Code
3. By Local Customs
Absolute Community of Property
1.

a.

General Rule: consist of all property owned by the spouses at the time of the marriage or acquired
thereafter (Art. 91)
2. Exceptions
property acquired before the marriage by either spouse who has legitimate descendants by a
former marriage
b.
property for personal and exclusive use except jewelry
c.
property acquired during the marriage by gratuitous title, except when the donor, testator or
grantor expressly provides otherwise (Art. 92)
3. Administration and Disposition
4. Rule on Game of Chance
5. Remedies of Present Spouse in case of Abandonment
6. Charges upon and Obligations
7. Liquidation (Art. 102)
8. Grounds for Termination (Art. 99)
Conjugal Partnership of Gains
1.
2.
3.

4.
5.

Properties under Conjugal Partnership of Gains


Exclusive Property of Each Spouse (Art. 109)
Rule in case of Improvement of Exclusive Proeprty
a. Accession
b. Reverse Accession
Charges Upon and Obligations
Liquidation

Separation of Property
1.
2.

Marriage Settlement (Art. 134)


Judicial Order
a. Causes
b.Effects

Union Without Marriage


1.

Art. 147 and 148


a. Applicability
b.Salaries and Wages
c. Property Acquired Exclusively By other Party
d.Property Acquired by Both
e. Presumption

Title 5-The Family


1.
2.

Family Relation
Mandatory Prior Recourse to Compromise (Art. 151, NCC)
a. Exceptions
3. Family Home
a. General Rule: Exempt from executions
b.Exceptions
c.
Title 6- Paternity and Filiation
Title 7- Adoption
Legitimate Children
1.
2.

3.

General Rule: Conceived or born during a valid marriage


Exceptions
a. Artificial Insemination
b. Born of voidable marriage before decree of annulment
c. Conceived or born before judgment of nullity under Art. 36 has become final and executory
d. Conceived or born of Subsequent marriage under Art. 53
e. Conceived or born of mothers who might have declared against legitimacy or sentenced as
adultress
f. Legally adopted
g. Legitimated
Rules on Impugning Legitimacy
a. Generally instituted only by husband
b. Prescriptive period
c. Exception: Heirs may file
1. Husband dies before period expires (have the remainder)
2. Posthumous birth (full period)
3. Continue case instituted by husband
d. Grounds

4.

5.

Actions to claim Legitimate/ Illegitimate Status


a. Who can claim
b. Proof of Filiation
Adoption
a. Domestic Adoption Act
b. Inter-country Adoption

Title 8- Support
1.
2.

3.

4.

5.
6.

Basis: Financial Capacity of Giver, Needs of Recipient


a. Not based on parental authority, hence hoes not terminate with emancipation
Coverage
a. Substance
b. Dwelling
c. Clothing
d. Medical Attendance
e. Education
f. Transportation
Kinds
a. Legal
b. Judicial
c. Conventional
Characteristics
a. Personal
b. In transmissible
c. Not subject to waiver or compensation
d. Exempt from attachment or execution
e. Reciprocal
f. Provisional Character of Support Judgment
g. Mandatory
Persons Obliged to Support each other (Art. 195)
Order of Liability if Several Persons Obliged to give Support (Art. 199)

Title 9- Parental Authority


1.
2.

3.
4.
5.

General Rule: Exercised Jointly


Exceptions:
a. Judicial Order to the Contrary
b. Illegitimate Child
c. Parental Preference Rule
d. Rule in case of Legal Separation
Persons exercising Substitute Parental Authority (Art. 216)
Persons exercising Special Parental Authority (Art. 218)
Kinds of Properties of a Minor
a. Adventitious
b. Profectitious

6.

Grounds for Suspension of Parental Authority


a. Emancipation
b. Death
c. Adoption
d. Appointment of another as general guardian
e. Judicial Declaration of Abandonment
f. Final Judgment Divesting Parental Authority
i. Excessive harshness
ii. Corrupting orders
iii. Compelling child to beg
iv. Rape
v. Acts of lasciviousness
vi. Judicial declaration of incapacity
g. Permanent/ Temporary

Title 10- Emancipation and Age of Majority


Title 11- Summary Judicial Proceedings in the Family Law
1.
2.

Reaching 18 years of Age


RA 6809

Change of First Name or Nickname


1.
2.

RA 9048
Grounds

Title 13- Use of Surname


1.

2.
3.

4.

Reason for interest of State


a. Prevent confusion of identity
b.Prevent use of name for illegal purposes
Legal Name What appears in Birth Certificate
Change Rule 103, Rules of Court
a. Court Approval
b.Grounds
i. Ridiculous, Dishonorable
ii. Extreme Difficultt to Pronounce
iii. Adoption of Filipino name to remove traces of alienage
iv. Legal cause adoption, etc
Rules on what to use
a. Legitimate or legitimated children
b. Illegitimate children
c. Adopted child
d. Married women
i. May retain maiden name
1. May not do so if has been using husbands surname for a long time

e. Marriage Annulled
i. Wife guilty
ii. Wife Innocent
f. Legal Separation
g. Death of Husband
h. Persons with same names
i. Usurpation of anothers name
Citizenship and Domicile
1.
2.
3.
4.

Distrinction
Elements of Domicile
Kinds of Domicile
Requirements for Acquisiton of New Domicile

Funerals
1.

Duty and right to make arrangement about funerals is in accordance with right and
Duty to support under Article 199, FC
2.
the funeral shall be in keeping with the social position of the deceased
3. the funeral shall be in accordance with the expressed wishes of the deceased
i.
in the absence of the expressed wishes, his religious beliefs or
affiliation shall determine
ii.
in case of doubt, the persons in Article 199, FC shall decide
5. any person who disrespects the dead or allows the same shall be liable for damages
If the deceased is married, the tombstone or mausoleum is deemed a part of the funeral expense and chargeable
against the community or conjugal partnership property
Titlee 14- Absence
1.
2.
3.
4.

Provisional Abesence
Declaration of Absence
Presumption of Death
Reappearance of absentee
a. Effect on subsequent marriage of spouse present
b. Effect on Properties

Title 16- 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)