Professional Documents
Culture Documents
Reviewer Persons Up 2014 PDF
Reviewer Persons Up 2014 PDF
Reviewer Persons Up 2014 PDF
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TABLE OF CONTENT
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TABLE OF CONTENT
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TABLE OF CONTENT
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UP LAW BOC
CIVIL LAW
Adoption ...........................................56
RA 8552 DOMESTIC ADOPTION LAW ..... 57
RA 8043 THE LAW ON INTER-COUNTRY
ADOPTION.................................................. 61
Marriage .............................................15
REQUISITES................................................ 15
EFFECT OF MARRIAGE CELEBRATED
ABROAD AND FOREIGN DIVORCE ............. 18
VOID AND VOIDABLE MARRIAGES ............ 19
Support ............................................ 63
GROUNDS ................................................. 29
DEFENSES ................................................. 30
WHEN TO FILE ........................................... 30
COOLING-OFF PERIOD AND
RECONCILIATION EFFORTS ...................... 30
CONFESSION OF JUDGMENT ..................... 31
EFFECTS OF FILING PETITION ................... 31
EFFECTS OF PENDENCY............................. 31
EFFECTS OF LEGAL SEPARATION ............. 31
RECONCILIATION ....................................... 31
UP LAW BOC
SUSPENSION OR TERMINATION OF
PARENTAL AUTHORITY ............................ 69
CIVIL LAW
PROPERTY
Characteristics .................................. 83
Classification .................................... 83
Emancipation, as amended by
RA6809.............................................. 71
Ownership ........................................ 90
Funeral .............................................. 73
Accession ..........................................94
CLASSIFICATION OF ACCESSION .............. 94
IN GENERAL .............................................101
PURPOSE ..................................................101
NATURE: QUASI IN REM .......................... 102
JUSTIFICATIONS FOR QUIETING OF TITLE
.................................................................. 102
THE ACTION TO QUIET TITLE DOES NOT
APPLY ....................................................... 102
REQUIREMENTS ....................................... 102
QUIETING OF TITLE V. REMOVAL OF CLOUD
.................................................................. 103
PRESCRIPTION/NON-PRESCRIPTION OF
ACTION ..................................................... 103
Absence............................................. 74
PROVISIONAL MEASURES IN CASE OF
ABSENCE ....................................................75
SUBSEQUENT MARRIAGE CONTRACTED
WHEN ONE SPOUSE IS ABSENT ................75
DECLARATION OF ABSENCE......................75
ADMINISTRATION OF THE PROPERTY OF
THE ABSENTEE .......................................... 77
PRESUMPTION OF DEATH ......................... 77
UP LAW BOC
CIVIL LAW
OBLIGATIONS AND
CONTRACTS
Contracts.......................................... 191
ESSENTIAL REQUISITES ........................... 191
FORM OF CONTRACTS ............................. 196
KINDS OF CONTRACTS ............................ 196
REFORMATION OF INSTRUMENTS ......... 197
RESCISSIBLE CONTRACTS ....................... 197
VOIDABLE CONTRACTS ........................... 199
UNENFORCEABLE CONTRACTS............... 199
VOID OR INEXISTENT CONTRACTS ........ 200
EFFECT OF CONTRACTS.......................... 204
Nuisance ............................................. 71
NUISANCE V. TRESPASS .............................. 141
NUISANCE V. NEGLIGENCE .......................... 142
CLASSES .................................................... 142
DOCTRINE OF ATTRACTIVE NUISANCE ........ 142
LIABILITY IN CASE OF NUISANCE ................. 142
REGULATION OF NUISANCES ...................... 143
SALES
Definition and Essential Requisites
........................................................ 208
UP LAW BOC
CIVIL LAW
Warranties.......................................234
EXPRESS WARRANTIES ...........................234
IMPLIED WARRANTIES ............................235
EFFECTS OF WARRANTIES ...................... 237
EFFECTS OF WAIVERS ............................. 237
BUYERS OPTIONS IN CASE OF BREACH OF
WARRANTY ............................................. 237
Price................................................. 216
MEANING OF PRICE ................................. 216
REQUISITES FOR A VALID PRICE ............. 216
SUCCESSION
UP LAW BOC
CIVIL LAW
......................................................... 304
RIGHT TO INDEMNITY FOR DAMAGES .. 304
SUIT FOR DAMAGES ........................... 304
RESPONSIBILITY TO PARTNERS........... 304
......................................................... 304
......................................................... 304
RIGHT TO FORMAL ACCOUNT .............. 305
PROPERTY RIGHTS OF PARTNERS ....... 305
OWNERSHIP OF CERTAIN PROPERTIES 305
RIGHTS IN SPECIFIC PROPERTY ........... 305
INTEREST IN PARTNERSHIP ................ 306
......................................................... 306
......................................................... 308
AGENCY AND
PARTNERSHIP
Obligations of the
Partnership/Partners to Third
Persons........................................... 308
.......................................................... 310
UP LAW BOC
CIVIL LAW
.......................................................... 318
RIGHT TO AN ACCOUNT ....................... 318
.......................................................... 337
......................................................... 339
DEFINITION........................................ 325
CHARACTERISTICS ............................. 325
FORMATION....................................... 325
EFFECT ............................................... 327
AGENCY AND OTHER CONTRACTS
DISTINGUISHED .................................. 327
......................................................... 340
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CIVIL LAW
CREDIT TRANSACTIONS
Credit Transactions .......................346
Loan.................................................346
COMMODATUM [NCC 1935-1952] .............. 347
INTEREST AND SUSPENSION OF USURY
LAW ......................................................... 348
GUARANTY...............................................352
SURETYSHIP ............................................352
GUARANTY DISTINGUISHED FROM
SURETYSHIP [ZOBEL, INC. VS. CA, 1998] 352
NATURE AND EXTENT OF GUARANTY ....353
NATURE AND EXTENT OF SURETYSHIP 355
EFFECT OF GUARANTY ........................ 356
EXTINGUISHMENT OF GUARANTY........ 359
Pledge .............................................359
CHARACTERISTICS ................................. 360
KINDS ...................................................... 360
ESSENTIAL REQUISITES ......................... 360
PROVISIONS APPLICABLE ONLY TO PLEDGE
................................................................. 360
OBLIGATIONS OF PLEDGEE .................... 360
RIGHTS OF PLEDGOR............................... 361
REQUISITES FOR PERFECTION [ARTS.
2093, 2096] ............................................. 361
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CIVIL LAW
Original Registration......................384
CONCEPT ..................................................382
EFFECTS ...................................................382
CONCEPT OF NATIVE TITLE, TIME
IMMEMORIAL POSSESSION.....................383
CONCEPT ..................................................392
WHEN APPLICABLE..................................392
WHO MAY APPLY .....................................392
FILING OF THE APPLICATION .................. 393
PROCEDURE IN JUDICIAL CONFIRMATION
.................................................................. 393
EVIDENCE NECESSARY TO SUBSTANTIATE
APPLICATION ........................................... 393
UP LAW BOC
CIVIL LAW
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UP LAW BOC
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CIVIL LAW
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CIVIL LAW
RETROACTIVITY OF LAWS
Exceptions to Exception:
(1) Ex post facto law
(2) Impairment of contract
(3) In case of remedial statutes
(4) In case of curative statutes
(5) In case of laws interpreting others
(6) In case of laws creating new rights [(Bona v.
Briones (1918)]
(7) Penal laws favorable to the accused
General rules:
The clause "unless it is otherwise provided"
refers to the date of effectivity and not to the
requirement of publication itself, which
cannot in any event be omitted. [Tanada v.
Tuvera (1986)]
Publication is indispensable in every case, but
the legislature may in its discretion provide
that the usual fifteen-day period shall be
shortened or extended. [Tanada v. Tuvera
(1986)]
WAIVER OF RIGHTS
Mistake of Fact & Difficult Questions of Law These may excuse a party from the legal
consequences of his conduct; but not ignorance
of law.
In specific instances provided by law, mistake
as to difficult legal questions has been given
the same effect as a mistake of fact.
[Tolentino]
The laws referred to by this article are those of
the Philippines. There is no conclusive
presumption of knowledge of foreign laws.
[Tolentino]
Exceptions:
(1) If the waiver is contrary to law, public order,
public policy, morals or good customs;
(2) If the waiver prejudices a third person;
(3) If the alleged rights do not yet exist;
(4) If the right is a natural right.
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CIVIL LAW
Exception:
This article does not apply to criminal
prosecutions because where there is no law
punishing an act, the case must be dismissed.
[Tolentino]
REPEAL OF LAWS
Art. 7, CC. Laws are repealed only by
subsequent ones, and their violation or nonobservance shall not be excused by disuse, or
custom or practice to the contrary.
[Tolentino]
(1) Express or Declared contained in a special
provision of a subsequent law
(2) Implied or Tacit takes place when the
provisions of the subsequent law are
incompatible or inconsistent with those of
an earlier law.
LEGAL PERIODS
Art. 13, CC. When the laws speak of years,
months, days or nights, it shall be understood
that years are of three hundred sixty-five days
each; months, of thirty days; days, of twentyfour hours; and nights from sunset to sunrise.
JUDICIAL DECISIONS
Art. 8, CC. Judicial decisions applying or
interpreting the laws or the Constitution shall
form a part of the legal system of the
Philippines.
General Rule:
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EXEMPTIONS UNDER
INTERNATIONAL LAW (THEORY OF
EXTRATERRITORIALITY):
CONFLICT OF LAWS
CONFLICT OF LAWS/
INTERNATIONAL LAW
PRIVATE
However,
intestate
and
testamentary
succession, both with respect to the order of
succession and to the amount of successional
rights and to the intrinsic validity of
testamentary provisions, shall be regulated by
the national law of the person whose succession
is under consideration, whatever may be the
nature of the property and regardless of the
country wherein the property may be found.
SOURCES
RULE ON PROPERTY
CIVIL LAW
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CIVIL LAW
RULE ON SUCCESSION
EXTRINSIC VALIDITY [ARTS. 17, 815-817, CC]
Place of Execution
Applicable Law
Filipino Testator
Philippines
Philippine Law
Foreign Country
Philippines
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INTERPRETATION OF WILLS
Governed by the National Law of the decedent.
ADMINISTRATION OF ESTATES
Territorial: governed by the law of the place
where the administration takes place, and that
is the law of the country from which the
administrator derives his authority.
REVOCATION
Testator
Applicable Law
CIVIL LAW
TRUSTS
Extrinsic validity: Rule governing wills apply.
Intrinsic validity: lex situs since a trust involves
property [Art. 17, CC]
Philippine Law
Non-domiciliary [Art.
Philippine Law
829, CC]
Will is revoked in a Foreign Country
(1) Philippine Law
(2) Law of the place of
Philippine Domiciliary
revocation (lex loci
actus)
(1) Law of the place
where the will was
made
Non-domiciliary [Art. (2) Law of the place in
829, CC]
which the testator
had his domicile at
the time of the
revocation
PROBATE OF WILLS
Controlling Law: The probate of a will being
essentially procedural in character, the law of
the forum (lex fori) governs.
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CONTRACTS BEFORE
DIPLOMATIC/CONSULAR OFFICIALS
The solemnities established by Philippine laws
shall be observed with respect to contracts
executed before diplomatic or consular officials
of the Republic of the Philippines in a foreign
country [Art. 17(2), FC]
CIVIL LAW
Based
on
the
contemporaneous and subsequent acts
of the parties; often upheld with
reference to the rule of validity of
contracts which presumes that the
parties contemplate to enter into a valid
contract
DEFINITION
Art. 1, FC. Marriage is a special contract of
permanent union between a man and a woman
entered into in accordance with law for the
establishment of conjugal and family life. It is
the foundation of the family and an inviolable
social institution whose nature, consequences,
and incidents are governed by law and not
subject to stipulation, except that marriage
settlements may fix the property relations
during the marriage within the limits provided
by this Code.
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CIVIL LAW
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CIVIL LAW
Property relations
(1) The Hague Convention declares that the
governing law on matrimonial property is:
(a) The internal law designated by the
spouses before the marriage
(b) In the absence thereof, the internal law
of the state in which the spouses fix
their habitual residence
(2) Rule under Philippine law (Art. 80, FC)
(a) In the absence of a contrary stipulation
in the marriage settlements, 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.
Rule is inapplicable:
(i) If both spouses are aliens
(ii) With respect to the extrinsic validity
of the contracts affecting property
not situated in the Philippines and
executed in the country where the
property is located
(iii) 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.
(3) Doctrine of Immutability of Matrimonial
Property Regime The change of nationality
on the part of the husband or wife does not
affect the original property regime except
when the law of the original nationality
itself changes the marital regime, hence,
the property regime has to change
accordingly.
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CIVIL LAW
Exception:
Art. 26(2), FC. 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 Filipino
spouse shall have capacity to remarry under
Philippine law
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GOVERNING LAW
(1) Lex loci celebrationis determines the
consequences of any defect as to form
(2) In general, the same applies with reference
to substantive or intrinsic validity. But with
regard to capacity of the parties to marry,
national law is determinative.
CIVIL LAW
PRINCIPLE
ENRICHMENT
Human Relations
OF
UNJUST
ABUSE OF RIGHT
Art. 19, CC. Every person must, in the exercise of
his rights and in the performance of his duties,
act with justice, give everyone his due, and
observe honesty and good faith.
Art. 22
(Accion in Rem Verso)
Art. 2154
(Solutio Indebiti)
CAPACITY TO ACT
CIVIL PERSONALITY
Juridical Capacity
Fitness of man to be the
subject of legal relations
Passive
Aptitude for the Holding
and Enjoyment of rights
Inherent in natural persons
Lost upon death
Capacity to Act
Power to do acts with
legal effect
Active
Aptitude for the
Exercise of rights
Must be acquired
Lost through death
and other causes
Must
exist
with
juridical capacity
May be restricted or
limited
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CIVIL LAW
BIRTH
DEATH
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CIVIL LAW
MINORITY
RA 6809 (1989) An act lowering the age of
majority from twenty-one to eighteen years.
Age
Both under 15
Both above 60
One under 15, the
other above 60
Both over 15 and
under 60; different
sexes
Both over 15 and
under 60; same sex
One under 15 or over
60, the other between
those ages
Effects on Contracts
(1) They cannot give consent to a contract [Art.
1327 (1), CC]
(2) A contract where one of the parties is a
minor is voidable [Art. 1390(1), CC]
(3) A contract is unenforceable when both of
the parties are minors (incapable of giving
consent) [Art. 1403(3), CC]
(4) Minority cannot be asserted by the other
party in an action for annulment [Art. 1397,
CC]
(5) Not obliged to make restitution except
insofar as he has been benefited [Art. 1399,
CC]
(6) Minor has no right to demand the
thing/price voluntarily returned by him [Art.
1426, CC]
(7) Minor has no right to recover voluntarily
paid sum or delivered thing, if consumed in
good faith [Art. 1427, CC]
(8) Must pay reasonable amount for
necessaries delivered to him [Art. 1489, CC]
Presumed Survivor
Older
Younger
One under 15
Male
Older
One between 15 and
60
Estoppel
works
against
minors
who
misrepresent their ages in a contract and are
compelled to comply with its terms. (active
misrepresentation done by minors). [Mercado v.
Espiritu, (1918)]
When
a
minor
made
no
active
misrepresentation as to his minority and such
minority is known to the other party, the
contract is voidable [Art. 1403, CC] as to the
minor. [Bambalan v. Maramba, (1928)]
Effects on Marriage
May not yet contract marriage [Art. 5, FC].
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CIVIL LAW
Effect on Crimes
General rule: Exempted from criminal liability.
INSANITY
Insanity includes many forms of mental disease,
either inherited or acquired. A person may not
be insane but only mentally deficient (idiocy,
imbecility, feeble-mindedness).
PRODIGALITY
A spendthrift or a prodigal is a person, who, by
excessive drinking, gambling, idleness or
debauchery of any kind shall so spend, waste or
lessen his estate as to expose himself or his
family to want or suffering. The acts of
prodigality must show a morbid state of mind.
[Martinez v. Martinez, (1902)]
Effect on Contracts
(1) Incapacity to give consent to a contract [Art.
1327(2), CC]
(2) Contracts entered into during lucid intervals
are valid [Art. 1328, CC]
(3) Restitution of benefits [Art. 1399, CC]
(4) Voidable if one of the parties is insane [Art.
1390, CC]
(5) Unenforceable if both of the parties are
insane [Art. 1403 (3), CC]
Effect on Crimes
General rule: Exempted from criminal liability
Exception: Acted during lucid interval
Effect on Marriage
May be annulled if either party was of unsound
mind unless the such party after coming to
reason, freely cohabited with the other [Art.
45(2), FC]
FAMILY RELATIONS
Justifying circumstance if acted in defense of
person/rights
of
spouse,
ascendants,
descendants, brothers/sisters, and other
relatives up to the 4th civil degree [Art. 11(2),
RPC]
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CIVIL LAW
ABSENCE
Art. 390, CC. After an absence of seven years, it
being unknown whether or not the absentee
still lives, he shall be presumed dead for all
purposes, except for those of succession.
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CIVIL LAW
Requisites of domicile:
(1) Physical presence in a fixed place
(2) Intent to remain permanently (animus
manendi) [Callejo v. Vera]
KINDS OF DOMICILE
KINDS OF REQUISITES
Family Code
Marriage
REQUISITES
NATURE OF MARRIAGE
Art. 1, FC. Marriage is a special contract of
permanent union between a man and a woman
entered into in accordance with law for the
establishment of conjugal and family life. It is
the foundation of the family and an inviolable
social institution whose nature, consequences,
and incidents are governed by law and not
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CIVIL LAW
Defect or Irregularity
Voidable
ESSENTIAL REQUISITES
AGE
Legal Capacity Male or female 18 years old
and above, not under any of the impediments
mentioned in Art. 37 (incestuous marriages) &
Art. 38 (marriages against public policy), may
contract marriage. [Art. 5, FC]
CEREMONY
No prescribed form or religious rite for the
solemnization of marriage is required. [Art. 6,
FC]
Defect
Art. 45, FC. A marriage may be annulled for any
of the following causes existing at the time of
the marriage: xxx (3) that the consent of either
party was obtained by fraud, unless such party
afterwards, with full knowledge of the facts
constituting the fraud, freely cohabited with the
other as husband and wife.
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CIVIL LAW
Exceptions:
(1) Marriages performed in articulo mortis or in
remote places. [Art. 29, FC]
(2) Where both parties request in writing that
marriage be solemnized at a place
designated by them.
Effect
VOID
VOID
IRREGULARITY
IRREGULARITY
Foreign National
When either or both parties are foreign
nationals: Certificate of legal capacity to contract
marriage, issued by a diplomatic or consular
official, shall be submitted before a marriage
license can be obtained [Art. 21, FC]
Stateless persons or refugees from other
countries: affidavit stating circumstances
showing capacity to contract marriage, instead
of certificate of legal capacity [Art. 21, FC]
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CIVIL LAW
Exceptions
(1) Marriage in Articulo mortis [Art. 27, FC]
The marriage may be solemnized without
the necessity of a marriage license.
It remains valid even if ailing party
survives.
(2) Between passengers or crew members in a
ship or airplane [Art. 31, FC]
(3) Persons within a military zone [Art. 32, FC]
(4) Marriage in Remote and inaccessible places
[Art. 28, FC]
(5) Marriages by Muslims and Ethnic cultural
minorities provided they are solemnized in
accordance with their customs, rites or
practices. [Art. 33, FC]
(6) Marriage by parties who have Cohabited for
at least 5 years without any legal
impediment to marry each other. [Art. 34,
FC; Ninal vs. Badayog (2000)]
EFFECT
OF
MARRIAGES
CELEBRATED ABROAD AND
FOREIGN DIVORCE
MARRIAGES CELEBRATED ABROAD
MARRIAGE CERTIFICATE
Absence and irregularity of marriage license
and contract
There is a presumption of regularity of official
acts, and the issuance of the Civil Registrar of a
Certificate of Due Search and Inability to Find
the application for a marriage license certifies
Exceptions:
(1) Marriage between persons below 18 years
old [Art. 35(1), FC]
(2) Bigamous or polygamous marriage [Art.
35(4), FC]
(3) Mistake in identity [Art. 35 (5), FC]
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CIVIL LAW
Formal requisites
Requirements
independent of the
parties
Lex loci celebrationis if
valid where celebrated,
then valid everywhere;
forms of contracting
marriage are to be
regulated by the law
where it is celebrated.
[Art. 26, FC]
VOID
AND
MARRIAGES
VOIDABLE
PRESUMPTION OF MARRIAGE
FOREIGN DIVORCES
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CIVIL LAW
Molina Guidelines:
(1) The burden of proof to show the nullity of
the marriage belongs to the plaintiff. This is
to be investigated by the OSG for collusion.
(2) The root cause of the psychological
incapacity must be: (a) medically or clinically
identified, (b) alleged in the complaint, (c)
sufficiently proven by the experts, (d) clearly
explained in the decision.
(3) The incapacity must be proven to be existing
at the time of the celebration of the
marriage.
(4) Such incapacity must also be shown to be
medically or clinically permanent or
incurable.
(5) Such illness must be grave enough to bring
about the disability of the party to assume
the essential obligations of marriage.
(6) The essential marital obligations must be
those embraced by Articles 68 up to 71 of
the Family Code as regards the husband
and wife as well as Articles 220, 221, and
225 of the same Code in regard to parents
and their children.
(7) Interpretations given by the National
Appellate Matrimonial Tribunal of the
Catholic Church in the Philippines, while not
controlling/decisive, should be given great
respect by our courts.
(8) The trial court must order the prosecuting
attorney or fiscal and the Solicitor General to
appear as counsel for the state. No decision
shall be handed down unless the Solicitor
General issues a certification. [Republic v.
Molina, (1997)]
VOID MARRIAGES
TYPES OF VOID MARRIAGES
(1) Absence of any formal/essential requisites
(2) Psychologically Incapacitated spouse
(3) Incestuous Marriages
(4) Marriages contrary to public policy
(5) Void subsequent marriages
Absence of requisites
Art. 4(1), FC. The absence of any essential or
formal requisites shall render the marriage void
ab initio, except as stated in Article 35 (a).
Art. 5, FC: Any male or female of the age of
eighteen years or upwards not under any of the
impediments mentioned in Articles 37 and 38,
may contract marriage.
Void from the Beginning [Art. 35, FC]
(1) Marriage where any party is below eighteen
years of age even with the consent of
parents or guardians
(2) Marriage solemnized by any person not
legally authorized to perform marriages
unless such marriages were contracted with
either or both parties believing in good faith
that the solemnizing officer had legal
authority to do so.
Ones belief in good faith that the
solemnizing officer has the required
authority is a mistake of fact, and not of law.
(3) Marriage solemnized without a valid
marriage license, except in marriages under
exceptional circumstances
(4) Bigamous or polygamous marriages not
falling under Article 41 (Art. 41: subsequent
marriage by present spouse who obtained a
declaration of presumptive death for absent
spouse prior to the subsequent marriage)
(5) There is a mistake as to the identity of the
other contracting party
(6) Subsequent marriages that are void under
Article 53 (Non-compliance with Art. 52)
Psychological incapacity
Contracted by any party who, at the time of the
celebration, was psychologically incapacitated
to comply with the essential marital obligations
of marriage, even if such incapacity becomes
manifest only after its solemnization [Art. 36, FC]
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CIVIL LAW
Presumptive Death
Failure of the spouse present to obtain a judicial
declaration of presumptive death before
entering a subsequent marriage [Art. 41, FC]
Incestuous marriages
(1) Between ascendants and descendants of
any degree, legitimate or illegitimate
(2) Between brothers and sisters, whether full or
half blood, legitimate or illegitimate [Art. 37,
FC]
Non-Recording
Subsequent marriage of spouses, where the
requirements of recording under Art. 52 have
not have been complied with, shall be null and
void. [Art. 53, FC]
Art. 52, FC. The judgment of annulment or of
absolute nullity of the marriage, 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;
otherwise, the same shall not affect third
persons.
Previous marriage declared void ab initio or
annulled
Art. 40, FC. 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.
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CIVIL LAW
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Good Faith
Period of absence for Presumptive Death is
mandatory thus cannot be shortened by good
faith and if be done so will be void.
Civil Code
As to period
CIVIL LAW
under
As to remarriage
In order to remarry, Declaration
of
summary proceeding presumptive death is not
is necessary
necessary
Can be instituted by
the spouse present,
any interested party, The spouses themselves
and the subsequent
spouse
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VOIDABLE
MARRIAGE
CIVIL LAW
OR
ANNULLABLE
Article 44 (Donations):
If both spouses of the subsequent marriage
acted in bad faith, all donations by reason of
marriage and testamentary dispositions made
by one party in favor of the other are revoked by
operation of law.
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CIVIL LAW
Action to Annul
Action in rem, concerns status of parties; res is
relation between parties or marriage tie;
jurisdiction depends on nationality or domicile
not the place of celebration.
Fraud
Only those enumerated in Art. 46:
(1) Non-disclosure of previous conviction by
final judgment of a crime involving moral
turpitude
(2) Concealment by wife at the time of
marriage, that she was pregnant by another
man
(3) Concealment of STD regardless of nature
existing at time of marriage
(4) Concealment of drug addiction, habitual
alcoholism, homosexuality, lesbianism
existing at time of marriage
Insanity
Mental incapacity or insanity is a vice of
consent; insanity
(1) of varying degrees
(2) curable being an illness capable of
ratification or convalidation
(3) has lucid intervals
(4) ground only for annulment in many
countries
Can be ratified by cohabitation after insanity is
cured or during a lucid interval
Mere mental weakness is not a ground for
annulment, but if found grave enough, it may
amount to psychological incapacity.
Intoxication, somnambulism where one had
no mental capacity to give consent is
equivalent to insanity
Must exist at the time of the celebration of the
marriage. Insanity that occurs after the
celebration of marriage does not constitute a
cause for nullity [Katipunan v. Tenorio (1937)]
Art. 46 STD
The STD is a type of
fraud which is a
ground for annulment
PAGE 25
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CIVIL LAW
PAGE 26
UP LAW BOC
CIVIL LAW
Prescription
Ratification
(Art. 47)
(Art. 45)
Within 5 years after
attaining 21.
Free cohabitation
Before party below 21 attaining age of 21.
reaches 21.
after
PAGE 27
UP LAW BOC
EFFECT OF PENDING
ACTIONS/DECREE
CIVIL LAW
EFFECTS OF NULLITY
Art. 50(1), FC. The effects provided for by
paragraphs (2), (3), (4) and (5) of Article 43 and by
Article 44 shall also apply in the proper cases to
marriages which are declared void ab initio or
annulled by final judgment under Articles 40 and
45.
Final judgment in such cases shall provide for the:
(1) Liquidation, partition, and distribution of the
properties of the spouses
(2) Custody and support of the common children
(3) Delivery of their presumptive legitimes
(a) Unless such matters had been
adjudicated
in
previous
judicial
proceedings (Art. 50(2))
(b) All creditors of the spouses/property
regime shall be notified of the
proceedings for liquidation [Art. 50(2 and
3), FC]
In the partition, the conjugal dwelling and lot shall
be adjudicated to the spouse with whom majority
of the common children remain [Arts. 50(4), 102
and 129, FC]
Presumptive legitimes, computed as of the date of
the final judgment, shall be delivered in cash,
property or sound securities:
Unless the parties, by mutual agreement
judicially approved, had already provided for
such [Art. 51(1), FC]
The children/guardian/trustee of property may
ask for the enforcement of the judgment [Art.
51(2), FC]
The delivery of the presumptive legitimes shall
not prejudice the ultimate successional rights,
but the value of the properties already received
shall be considered as advances on their
legitime [Art. 51(3), FC]
General rule: children born or conceived within
void marriages are illegitimate.
Exceptions:
(1) Children conceived or born before the
judgment under Article 36 has become final
and executory [Art. 54, FC]
(2) Children conceived or born of subsequent
marriages under Article 53 Art. 54, FC]
PAGE 28
UP LAW BOC
JURISDICTION
For marriages celebrated under both civil and
Muslim rites, Sharia courts do not have exclusive
jurisdiction. The Judiciary Reorganization Act of
1980 provided that regional trial courts have
jurisdiction over all actions involving the contract
of marriage and marital relations. [Tamano v.
Ortiz, (1998)]
Legal Separation
GROUNDS
SEPARATION
FOR
LEGAL
CIVIL LAW
PAGE 29
UP LAW BOC
(6)
(7)
(8)
(9)
CIVIL LAW
DEFENSES
GROUNDS FOR
SEPARATION
DENYING
LEGAL
COOLING-OFF
PERIOD
AND
RECONCILIATION EFFORTS
PAGE 30
UP LAW BOC
(3)
(4)
CONFESSION OF JUDGMENT
No decree of legal separation shall be based upon
a stipulation of facts or a confession of judgment
[Art. 60, (1). FC]
Note: Art. 60 par. 1 applies only if the judgment
was based solely on the stipulation of facts or
solely on the confession of judgment. Thus, if
other grounds were used, Art. 60 par. 1 is not
applicable. [Balane]
The prohibition on confession of judgment does
not mean that the Court will not grant petition if
one party admits to being guilty of the charges of
adultery. The point of this provision is that the
Court should still admit evidence, not decide just
based on an admission of guilt. Because what is
prohibited is handing down a decree of legal
separation based solely on a confession of
judgment. [Ocampo v Florenciano (1960)]
(5)
(6)
(7)
(8)
CIVIL LAW
RECONCILIATION
EFFECTS OF PENDENCY
The Court shall provide for: [Art. 62, cf. Art. 49. FC]
(1) Support of spouses
(2) Custody of children the court shall give
custody of children to one of them, if there is
no written agreement between the spouses.
(3) Visitation rights of the other spouse
PAGE 31
UP LAW BOC
CIVIL LAW
Voidable Marriages
(1)
(2)
(3)
(4)
(5)
(6)
Legal Separation
(1) Repeated physical violence
(2) Pressure
to
compel
to
change
religious/political affiliations
Lack of parental
(3) Corruption / inducement to engage in
consent
prostitution
Insanity
(4) Final judgment with sentence of more than
Fraud
6 yrs.
Force, Intimidation
(5) Drug addiction / habitual alcoholism
or Undue Influence
(6) Homosexuality / lesbianism
Impotence
(7) Bigamous marriage
Serious
and
(8) Sexual Infidelity
Incurable STD
(9) Attempts against the life of petitioner
(10) Abandonment without just cause for more
than 1 year
Legal Separation
Terminated Marriage
Voidable
[Art. 41, FC]
Marriages
Status of Marital ties
Severed
Severed
Legal Separation
Not Severed
PAGE 32
UP LAW BOC
CIVIL LAW
Terminated Marriage
Voidable
Legal Separation
[Art. 41, FC]
Marriages
Property Relations
(1) Dissolution and Liquidation of properties
(a) Guilty/Bad Faith spouse will forfeit his/her share from the Net Profits to the (in order):
(i) Common children
(ii) Children of the guilty spouse by previous marriage
(iii) The innocent spouse
(2) Notification of creditors with the proceedings for liquidation
(3) Conjugal dwelling to be adjudicated to the spouse who has custody of majority of common children
(4) Insurance policy may be revoked only by the innocent spouse (Legal Separation: Only within 5 years)
(5) Spouse in bad faith/guilty shall be disqualified to inherit from innocent spouse (intestate succession
only in legal separation)
Donation Propter Nuptias
Valid, but if donee contracted marriage in bad faith, revoked by operation of May be revoked within 5
law
years
ESSENTIAL OBLIGATIONS
(1) Live together (cohabitation) [Art. 68, FC]
Exception: One spouse living abroad or
there are valid and compelling reasons [Art.
69 (2), FC] at the discretion of the court.
FAMILY DOMICILE
SUPPORT
PAGE 33
UP LAW BOC
CIVIL LAW
MANAGEMENT OF HOUSEHOLD
This is the right and duty of both spouses.
EXERCISE OF PROFESSION
Requirements of
marriage settlements
and any modification
thereof [Art. 77, FC]
PAGE 34
UP LAW BOC
DONATIONS BY REASON OF
MARRIAGE
Requisites of
donations propter
nuptias
Donations excluded
Grounds for
revocation of
donation propter
nuptias [Art. 86, FC]
CIVIL LAW
PAGE 35
UP LAW BOC
Effects of judicial
declaration of nullity
CIVIL LAW
Donations by reason of marriage shall remain valid except that if the donee
contracted marriage in bad faith, such donations made to said donee are revoked
by operation of law. [Art. 43 (3), FC]
Revocation by operation of law Thus, even if spouse in good faith condones the
donee, the donation propter nuptias is still forfeited.
Effects provided for by Art. 43(2), (3), (4), and (5) and by Art. 44 shall also apply to
marriages that are declared void ab initio or annulled by final judgment under
Article 40 (Judicial declaration of nullity) and 45 (Voidable marriages). [Art. 50,
FC]
General rule: Spouses cannot donate to each other, directly or indirectly;
donations made by spouses to each other during the marriage are void. [Art. 87,
FC]
These donations refer to donations inter vivos [Tolentino]
Exception: Moderate gifts on the occasion of any family rejoicing.
The prohibition on donations can only be assailed by persons who bear such
relation to the parties or the property itself, that their rights are being interfered
with. Here, the insurance company of the donated car cannot assail the validity of
the donation. In addition, the codal exception of moderate gifts depends on the
income class of the spouses and a car could be considered a moderate gift that
does not infringe the prohibition of donation between spouses. [Harding v.
Commercial Union, (1918)]
A spouse cannot donate to persons which the other spouse may inherit from as it
constitutes an indirect donation. [Nazareno v. Birog, (1947)]
The donation between common-law spouses falls within the provision prohibiting
donations between spouses during marriage. [Matabuena v Cervantes, (1971)]
The donation made by a man to a woman was held valid because no proof was
shown that they were still living in a common-law relationship at the time of the
donation. [Sumbad v. CA, (1999)]
Ordinary donations
Express acceptance necessary
Cannot be made by minors
Cannot include future property
No limit to donation of present property provided
legitimes are not impaired
Grounds for revocation in donation laws
PAGE 36
UP LAW BOC
ABSOLUTE
COMMUNITY
OF
PROPERTY
AND
CONJUGAL
PARTNERSHIP OF GAINS
Art. 80, FC. In absence of a contrary stipulation in
a marriage settlement, property relations between
Filipino spouses are governed by Philippine laws,
regardless of the place of marriage and their
residence.
General rule: By the Nationality Rule [Art. 15, FC],
the rule that Absolute Community Property (ACP)
is the default mode of property relations absent
any marriage settlement applies to all Filipinos,
regardless of the place of the marriage and their
residence.
Exceptions:
(1) Where both spouses are aliens
(2) As to the extrinsic validity of contracts
affecting property not situated in the
Philippines and executed in the country where
the property is located
(3) As 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, FC. Everything stipulated in marriage
settlements in consideration of a future marriage
are void if marriage does not take place. However,
stipulations that do not depend upon the
celebration of marriage (e.g. recognition of
paternity of illegitimate child) remain valid.
Art. 89, FC. Waiver of rights, interests, shares and
effects of the absolute community of property is
allowed, except in the following cases:
(1) When there is judicial separation of property
(2) When the marriage is dissolved by death of
one of the spouses
(3) When the marriage is annulled
Regarding Art. 89: 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.
Art. 90, FC. Co-ownership rules shall apply to ACP
in matters not provided by the Family Code.
PAGE 37
CIVIL LAW
UP LAW BOC
CIVIL LAW
What it
consists of
PAGE 38
UP LAW BOC
What it
consists of
(continued)
CIVIL LAW
What
remains
exclusive
property
General rule: Properties for personal use
Exception: Jewelry
PAGE 39
UP LAW BOC
What
remains
exclusive
property
(continued)
1.
Presumption
CIVIL LAW
PAGE 40
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Charges and
obligations
PAGE 41
CIVIL LAW
UP LAW BOC
Charges
and
Obligations
(continued)
CIVIL LAW
PAGE 42
UP LAW BOC
PAGE 43
CIVIL LAW
UP LAW BOC
Ownership,
administration,
2.
enjoyment, and
disposition
(continued)
Dissolution of
the regime
Exceptions:
(1) Moderate donations to charity due to
family rejoicing or distress
(2) Moderate gifts by each spouse to the other
due to family rejoicing
Moderation depends on the familys socioeconomic status.
CIVIL LAW
PAGE 44
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Effect of de
facto
separation
PAGE 45
CIVIL LAW
UP LAW BOC
Liquidation of
assets and
liabilities
CIVIL LAW
PAGE 46
UP LAW BOC
CIVIL LAW
SEPARATION OF PROPERTY OF
THE SPOUSES AND
ADMINISTRATION OF COMMON
PROPERTY BY ONE SPOUSE
DURING THE MARRIAGE
Art. 134, FC. In the absence of an express
declaration in the marriage settlements, the
separation of property between spouses during
the marriage shall not take place except by
judicial order. Such judicial separation of property
may either be voluntary or for sufficient cause
Judicial separation of property may either be:
(1) voluntary or
(2) for sufficient cause
PAGE 47
UP LAW BOC
When it
applies
What it
consists of
CIVIL LAW
SEPARATION OF PROPERTY
Agreed upon in the marriage settlements by the spouses
Mandatory under Arts. 103 & 130 (subsequent marriages contracted by a surviving
spouse without judicial settlement of previous property regime)
Default property regime when there is reconciliation between spouses after judicial
separation of property
Present or future property or both
Each spouses earnings from his or her own profession, business, or industry
Natural, industrial or civil fruits of spouses separate properties
May be total or partial
PAGE 48
UP LAW BOC
CIVIL LAW
Art. 148
Applicability
Man and woman living together as husband and
wife, with capacity to marry [Art. 5, FC] without any Man and woman living together as husband and
legal impediment)
wife, NOT capacitated to marry
(1) at least 18 years old
(1) Under 18 years old
(2) not Art. 37 (incestuous void marriage)
(2) Adulterous relationship
(3) not Art. 38 (void marriage by reason of public (3) Bigamous /polygamous marriage
policy)
(4) Incestuous marriages under Art. 37
(4) not bigamous
(5) Void marriages by reason of public policy under
Art. 38
Other void marriages due to absence of formal
requisite
Salaries and wages
Owned in equal shares
Separately owned by parties
Properties acquired through exclusive funds
Remains exclusive, provided there is proof
Remains exclusive
PAGE 49
UP LAW BOC
The Family
THE
FAMILY
INSTITUTION
AS
AN
INCLUDES
CIVIL LAW
GUIDELINES
PAGE 50
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BENEFICIARIES
HOME
OF
THE
CIVIL LAW
FAMILY
REQUISITES TO BE A BENEFICIARY
(1) The
relationship
is
within
those
enumerated;
(2) They live in the family home; and
(3) They are dependent for legal support on the
head of the family.
PAGE 51
UP LAW BOC
CIVIL LAW
LEGITIMATE CHILDREN
NATURAL/BIOLOGICAL
A child conceived or born during a valid
marriage is presumed to belong to that
marriage, regardless of the existence of
extramarital relationships. [Liyao v. Liyao
(2002)]
ARTIFICIAL INSEMINATION
Requisites to be considered legitimate:
(1) Artificial insemination made on wife
(2) Sperm comes from any of the following:
(a) Husband
(b) Third person donor
(c) Husband and third person donor
(3) In case of donor sperm, husband and wife
must authorize/ratify insemination in a
written instrument:
(a) Executed & signed by husband and wife
before the birth of the child.
(b) Recorded in the civil registry together
with the birth certificate of the child.
[Art. 164, FC]
PAGE 52
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CIVIL LAW
IMPUGNING LEGITIMACY
PAGE 53
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CIVIL LAW
ILLEGITIMATE CHILDREN
Illegitimate children may establish their
illegitimate filiation in the same way and on the
same evidence (primary or secondary) as
legitimate children. [Art. 175, FC]
PROOF OF FILIATION
PAGE 54
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CIVIL LAW
PAGE 55
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CIVIL LAW
GROUNDS
FOR
LEGITIMATION
IMPUGNING
RIGHTS
The same as those of legitimate children [Art.
179, FC]
FC]
(1) May be made only by those who are
prejudiced in their rights
(2) Within five years from the time their cause
of action accrues
LEGITIMATED CHILDREN
Adoption
Legitimation
Adoption
Legal effect
The law merely makes The law creates by
legal what exists by fiction a relation which
nature
did not in fact exist
Persons affected
Natural children
Strangers (generally)
Procedure
Extrajudicial acts of Always by judicial
parents
decree
Who should apply
Both parents, with
exceptions allowing
Both parents
only one of them to
apply [RA 8552]
Effect on parent-child relationship
Same status and
rights with that of a
Creates a relationship
legitimate child not
only between the child
only in relation to the
and the adopting
legitimizing parents
parents
but also to other
relatives
TO BE CAPABLE OF LEGITIMATION
PAGE 56
UP LAW BOC
CIVIL LAW
GUARDIANS
With respect to their wards, after the
termination of the guardianship and clearance
of his/her accountabilities.
JOINT ADOPTION
General rule: Husband and wife shall adopt
jointly.
Exceptions:
(1) If one spouse seeks to adopt the legitimate
child of the other
(2) If one of the spouses seeks to adopt his/her
illegitimate child provided that the other
spouse has signified his/her consent
(3) If spouses are legally separated from each
other
If spouses jointly adopt, parental authority shall
be jointly exercised by them.
UP LAW BOC
CIVIL LAW
PRE-ADOPTION PROCEDURES
VOLUNTARY COMMITMENT OF BIOLOGICAL
MOTHER WANTING TO PUT HER CHILD UP
FOR ADOPTION
PAGE 58
UP LAW BOC
INVOLUNTARY
COMMITMENT
ABANDONED OR NEGLECTED CHILD
OF
CIVIL LAW
ADOPTION PROCEDURES
Inquiry of prospective adopters at DSWD
Placement
Supervised Trial Custody
Home Study Report
Recommendation and Consent of DSWD
File Petition for Adoption within 30 days
from Receipt of Consent from DSWD
Adoption Decree
PAGE 59
UP LAW BOC
WHO MAY
ADOPTED
NOT
ADOPT/
BE
CIVIL LAW
NAME
Art. 365, CC. An adopted child shall bear the
surname of the adopter.
RA 8552 allows the change of first name to be
instituted in the same proceeding as the
adoption: the decree of adoption shall state
the name by which the child is to be known.
NATIONALITY
Adoption does not confer citizenship: Philippine
citizenship may be lost/acquired [only] in the
manner provided by law. [Sec. 3, Art. 4,
Constitution]
The right to confer citizenship belongs to the
State (political) and cannot be granted by a
citizen through adoption. Adoption creates a
relationship between the adopter and adoptee,
not between the State and the adoptee.
LEGITIMACY
The adoptee shall be considered the legitimate
son/daughter of the adopters for all intents and
purposes, and as such is entitled to all rights
and obligations provided by law to legitimate
children born to them without discrimination of
any kind. [Sec. 17]
RESCISSION OF ADOPTION
SUCCESSION
In legal and intestate succession, the adopter
and the adoptee shall have reciprocal rights of
succession without distinction from legitimate
filiation. However, if the adoptee and his/her
biological parents had left a will, the law on
testamentary succession shall govern. [Sec. 18]
Art. 190, FC as amended. Rules on legal or
intestate succession to the estate of the
adoptee:
(1) Legitimate and illegitimate children,
descendants and the surviving spouse of the
adoptee shall inherit in accordance with the
ordinary rules of legal/intestate succession
(2) When the surviving spouse OR illegitimate
children AND adopters concur, they shall
inherit on a 50-50 basis
(3) When the surviving spouse AND illegitimate
children AND adopters concur, they shall
inherit on a 1/3-/1/3-1/3 basis
(4) When only adopters survive, they shall
inherit 100% of the estate
PAGE 60
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OF
or
RECTIFICATION
BIRTH
CIVIL LAW
SIMULATED
PAGE 61
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CIVIL LAW
PAGE 62
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Support
WHAT IT COMPRISES
PROPERTIES
SUPPORT
ANSWERABLE
CIVIL LAW
FOR
ORDER OF SUPPORT
PAGE 63
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CIVIL LAW
AMOUNT
The amount of support is in proportion to the
means of the provider and the needs of the
receiver, and can be reduced or increased if such
circumstances change. [Arts. 201, 202, FC]
OR
WHEN DEMANDABLE
The obligation to give support shall be
demandable from the time the person who has
a right to receive the same needs it for
maintenance, but it shall not be paid except
from the date of judicial or extra-judicial
demand. [Art. 203, FC]
OPTIONS
ATTACHMENT
The right to receive support as well as any
money or property obtained as such support
shall not be levied upon on attachment or
execution. [Art. 205, FC]
PAGE 64
UP LAW BOC
Parental Authority
CIVIL LAW
GENERAL PROVISIONS
[Art. 209]:
(1) The caring for and rearing of children for
civic consciousness and efficiency;
(2) The development of the moral, mental and
physical character and well-being of said
children
CASES
WHEN
PARENTAL
AUTHORITY AND RESPONSIBILITY
MAY
BE
TRANSFERRED
OR
RENOUNCED
(1) Adoption;
(2) Guardianship; or
(3) Commitment of the child in an entity or
institution engaged in childcare or in a
childrens home.
CHARACTERISTICS OF PARENTAL
AUTHORITY
PAGE 65
UP LAW BOC
DESCENDANTS
PRIVILEGE
REFUSAL TO TESTIFY [Art. 215, FC]
OF
CIVIL LAW
is
Substitute Parental
Authority
Special Parental
Authority
It
is
exercised
concurrently with the
parental authority of
the parents and rests
on the theory that
It is exercised in case
while the child is in the
of death, absence, or
custody of the person
in case of unsuitability
exercising
special
of parents.
parental authority, the
parents temporarily
relinquish
parental
authority over the
child to the latter.
In order:
(1) The surviving grandparent [Art. 214, FC]
(2) Oldest brother or sister, over 21 years old,
unless unfit or unqualified.
(3) Childs actual custodian, over 21 years old,
unless unfit or unqualified.
PAGE 66
UP LAW BOC
CIVIL LAW
EFFECT OF PARENTAL
AUTHORITY UPON THE
PERSONS OF THE CHILDREN
SUBSTITUTE REPRESENTATION
COURT
ASSISTANCE
IN
DISCIPLINE OF THE CHILD
THE
PAGE 67
UP LAW BOC
CIVIL LAW
OWNERSHIP OF CHILDS
ACQUISITIONS
PARENTS USUFRUCT
EFFECTS OF PARENTAL
AUTHORITY UPON THE
PROPERTY OF THE CHILDREN
[Art. 225, FC]
(1) The father and mother shall jointly exercise
legal guardianship over the property of the
minor common child without court
appointment.
(2) In case of disagreement, the fathers
decision shall prevail, unless there is judicial
order to the contrary.
(3) The ordinary rules on guardianship shall be
merely suppletory except when the child is
under substitute parental authority, or the
guardian is a stranger, or a parent has
remarried, in which case the ordinary rules
on guardianship shall apply.
(4) If the market value of the property or the
annual income of the child exceeds
P50,000, the parent is required to furnish a
PAGE 68
UP LAW BOC
SUSPENSION OR TERMINATION
OF PARENTAL AUTHORITY;
RA 7610, CHILD ABUSE LAW
PARENTAL AUTHORITY
PERMANENTLY TERMINATES
(1)
(2)
(3)
(4)
CIVIL LAW
PERMANENT DEPRIVATION OF
PARENTAL AUTHORITY ON
GROUNDS OF SEXUAL ABUSE [Art. 232,
FC]
If the person exercising parental authority has
subjected or has allowed the child to be
subjected to sexual abuse, such person shall be
permanently deprived of authority over the
child.
SCOPE
OF
SUBSTITUTE
AND
SPECIAL PARENTAL AUTHORITY [Art.
TERMINATION
OF
PARENTAL
AUTHORITY WHICH CAN BE REVIVED
BY FINAL JUDGMENT [Art. 229, FC]
233, FC]
The person exercising substitute parental
authority shall have the same authority over
the person of the child as the parents.
In no case shall the school administrators,
teacher or individual engaged in childcare
exercising special parental authority inflict
corporal punishment upon the child.
PAGE 69
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CIVIL LAW
PAGE 70
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Emancipation
CIVIL LAW
SEPARATION IN FACT
[as amended by RA
6809]
Art. 234, FC. Emancipation takes place by the
attainment of majority. Unless otherwise
provided, majority commences at the age of
eighteen years.
SITUATION
JURISDICTION
Summary Judicial
Proceedings in the Family
Law
PROCEDURAL RULES
PROVIDED FOR IN THIS TITLE
SHALL APPLY TO [Art. 238, FC]
(1) Separation in fact between husband and
wife
(2) Abandonment by one of the other
(3) Incidents involving parental authority
PAGE 71
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CIVIL LAW
INCIDENTS INVOLVING
PARENTAL AUTHORITY
PROCEDURE
(1) A preliminary conference shall be
conducted by the judge personally without
the parties being assisted by counsel.
(2) After the initial conference, if the court
deems it useful, the parties may be assisted
by counsel at the succeeding conferences
and hearings. [Art. 243, FC]
(3) If the petition is not resolved at the initial
conference, said petition shall be decided in
a summary hearing.
Basis of summary hearing (at the sound
discretion of the court):
(a) Affidavits
(b) Documentary evidence
(c) Oral testimonies at the courts sound
discretion. If testimony is needed, the
court shall specify the witnesses to be
heard and the subject-matter of their
testimonies, directing the parties to
present said witnesses. [Art. 246(a),
FC]
PROCEDURE
NATURE OF JUDGMENT
PAGE 72
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CIVIL LAW
Retroactive Effect
DAMAGES
FUNERAL EXPENSES
Funeral
RELATIVES DUTY AND RIGHTS
TO ARRANGE FUNERALS
The duty and the right to make arrangements
for the funeral of a relative shall be in
accordance with the order established for
support, under Article 294 [Art. 305, CC]:
(1) Spouse
(2) Descendants in the nearest degree. In case
of descendants of the same degree, the
oldest shall be preferred.
(3) The ascendants in the nearest degree. In
case of ascendants, the paternal shall have
a better right.
(4) The brothers and sisters, the oldest shall be
preferred.
(5) Municipal authorities, if there are no
persons who are bound to support or if such
persons are without means.
GUIDELINES
IN
MAKING
FUNERAL ARRANGEMENTS
NATURE OF FUNERAL
PAGE 73
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Use of Surnames
SURNAMES OF CHILDREN
WIFE AFTER
MARRIAGE
AND
CIVIL LAW
DURING
PAGE 74
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Absence
PROVISIONAL MEASURES IN
CASE OF ABSENCE
Art. 43, CC. If there is a doubt, as between two
or more persons who are called to succeed each
other, as to which of them died first, whoever
alleges the death of one prior to the other, shall
prove the same; in the absence of proof, it is
presumed that they died at the same time and
there shall be no transmission of rights from
one to the other.
SUBSEQUENT MARRIAGE
CONTRACTED WHEN ONE
SPOUSE IS ABSENT
Exceptions:
The following subsequent marriage of the
present spouse is valid:
(1) Subsequent marriage due to ordinary
absence where:
(a) The prior spouse had been absent for 4
consecutive years;
(b) The spouse present had a well-founded
belief that absent spouse is dead; and
(c) Judicial declaration of presumptive
death was secured (no prejudice to the
effect of the reappearance of the absent
spouse).
(2) Subsequent marriage due to extraordinary
absence where:
(a) The prior spouse had been missing for 2
consecutive years;
(b) There is danger of death attendant to
the disappearance [Art. 391, Civil Code];
(c) The spouse present had a well-founded
belief that the missing person is dead;
and
(d) Judicial declaration of presumptive
death was secured (no prejudice to the
effect of the reappearance of the absent
spouse).
CIVIL LAW
Presumed Survivor
Older
Younger
One under 15
Male
Older
One between 15 and 60
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CIVIL LAW
AS
DECLARATION OF ABSENCE
REQUISITES TO APPOINT
REPRESENTATIVE
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ADMINISTRATION
OF
THE
PROPERTY OF THE ABSENTEE
CIVIL LAW
PRESUMPTION OF DEATH
Art. 390, CC. After an absence of 7 years, it
being unknown whether or not the absentee
still lives, he shall be presumed dead for all
purposes, except for those of succession.
Exception: Succession
In succession, 10 years is required for
presumption of death.
If absentee disappeared after age of 75, 5
years shall be sufficient.
EXTRAORDINARY ABSENCE
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CIVIL LAW
Civil Registrar
ARTICLES 407-413
Art. 407, CC. Acts, events and judicial decrees
concerning the civil status of persons shall be
recorded in the civil register.
RA 9048 AS AMENDED BY RA
10172
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CIVIL LAW
GROUNDS
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CIVIL LAW
OF
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(3)
(4)
(5)
(6)
CIVIL LAW
Deaths
Legal separations
Judgments of annulments of marriage
Judgments declaring marriages void from
the beginning
(7) Legitimations
(8) Adoptions
(9) Acknowledgments of natural children
(10) Naturalization
(11) Election, loss or recovery of citizenship
(12) Civil interdiction
(13) Judicial determination of filiation
(14) Voluntary emancipation of a minor
(15) Changes of name
WHERE FILED
Verified petition for cancellation or correction of
entry in the civil registry may be filed with the
Regional Trial Court of the province where the
corresponding civil registry is located.
ENTRIES SUBJECT TO
CANCELLATION/CORRECTION
(1) Births
(2) Marriages
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