1. Explain the rule “ignorance of the law excuses no one”.

This rule or principle is a conclusive presumption that every person knows the law. It is based on
expediency, public policy and necessity. A person cannot be excused from the compliance of the
law since from the time of publication of the law since the public are put on constructive notice of
the existence of the law and effectivity. This principle does not allow a party to set up as a valid
defense the fact that he has no actual knowledge of the law because it will be easy for persons
to be relieved from criminal or civil liability and it will create chaos and disorder in society.

2. What are the marriages considered void from the beginning.
The following marriages shall be void from the beginning:
1. Those contracted by any party below eighteen years of age even with the consent of
parents or guardians;
2. Those 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 the legal authority to do so;
3. Those solemnized without a license, except those covered by the preceding chapter;
4. Those bigamous or polygamous marriages not falling under article 41;
5. Those contracted through mistake of one contracting party as to the identity of the other;
6. Those subsequent marriages that are void under article 53.
7. A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage,
shall likewise be void even if such incapacity becomes manifest only after its
solemnization. (Art. 36)
8. Marriages between the following are incestuous and void from the beginning, whether the
relationship between the parties be legitimate or illegitimate;
a. Between ascendants and descendants of any degree; and
b. Between brothers and sisters, whether of the full or half-blood.

3. What are the marriages considered void by reason of public policy.
The following marriages shall be void from the beginning for reasons of public policy:
1. Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil
2. Between step-parents and step-children;
3. Between parents-in-law and children-in-law;
4. Between the adopting parent and the adopted child;
5. Between the surviving spouse of the adopting parent and adopted child;
6. Between the surviving spouse of the adopted child and the adopter;
7. Between the adopted child and a legitimate child of the adopter;
8. Between the adopted children of the same adopter; and
9. Between parties where one, with the intention to marry the other, killed that other
person’s spouse, or his or her own spouse.

5. Consent freely given in the presence of the solemnizing officer. 7. XPN: 1. 2. Marriage in articulo mortis 2. Differentiate juridical capacity from capacity to act. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. What are the essential requisites of marriage? The following are the essential requisites of marriage: 1. or a child of the petitioner. capacity to act exist always with juridical capacity. . 2. Repeated physical violence or grossly abusive conduct directed against the petitioner. capacity to act is acquired. Attempt of respondent to corrupt or induce petitioner. 2. or 10. Juridical capacity is lost only through death. Lesbianism or homosexuality of the respondent. 6. 7. capacity to act is active. Legal capacity of the contracting parties who must be a male and a female. Juridical capacity can exist without capacity to act. a common child. to engage in prostitution. In case a man and a woman who have lived together as husband and wife for at least 5 years and without any legal impediment to marry each other. Juridical capacity is passive. and 2. 8. whether in the Philippines or abroad. [RPAF-DLC-SAA] A petition for legal separation may be filed on any of the following grounds: 1. Drug addiction or habitual alcoholism of the respondent. State the Grounds for legal separation. 9. Final judgment sentencing the respondent to imprisonment of more than six years. 1. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation. Attempt by the respondent against the life of the petitioner. capacity to act is lost through death and may be restricted by other causes. a common child. 5. 3. Contracting by the respondent of a bigamous marriage. A valid marriage license. 4. Sexual Infidelity or perversion. 6. 4. Juridical capacity is inherent. 3.Abandonment of petitioner by the respondent without justifiable cause for more than one year. Authority of the solemnizing officer.4. even if pardoned. or a child of the petitioner. 3. or connivance in such corruption or inducement. What are the formal requisites of marriage? The formal requisites of marriage are: 1.

Prodigality. 9.  Private corporations are regulated by the laws of general application on the subject. 10. The state of being deaf-mute. Family relations. Age. Restrictions on capacity to act. When is Foetus considered born?  For civil purposes. and 11. Alienage. it is not deemed born if it dies within twenty-four hours after its complete delivery from maternal womb. State of being a deaf-mute. Imbecility. . [Article 38 NCC] Restrictions on capacity to act are the following: 1. 3. 9. 11. the foetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. 5. if the foetus had an intra-uterine life of less than seven months.  Partnership and associations for private interest or purpose are governed by the provisions of the civil code concerning partnerships. 7.Trusteeship. Insanity. 2. 5. Prodigality. What governs juridical person? [Article 45 NCC]  Juridical persons are governed by the laws creating or recognizing them. 6.Insolvency. 3. 4.8. Absence. 12. 8. Instances that modify or limit the capacity to act. [Article 39 NCC] The following are the circumstances which modify or limit the capacity to act: 1. Penalty. Insanity or imbecility. Minority. 2. What determines personality? [Art 40 NCC]  Birth determines personality. 4. However. Civil Interdiction. 10.

6. public policy. Under what instance that the waiver of rights shall be declared null and void. 17. c) When the law is procedural in nature. Children born of marriages which are void for reasons of public policy under article 38 FC. 3.13. 4. 15. The following are the exceptions to the rule that law has no retroactive effect: a) When the law itself provides for its retroactivity. Exceptions to the rule that the law has no retroactive effect. 7. morals. 16. Children born of incestuous marriages. Children born of adulterous relations between the parents. e) When the law is curative in nature. 2. whether they are married or not. If the Illegitimate child is recognized by the father in the birth certificate or public document or private handwritten document is now entitled to use the surname of the father. Rights of Illegitimate children. Children born of couples who are not legally married or of common-law marriages. public order. Children born of couples below 18. Entitled to the legitime which shall consist of one-half of the legitime of a legitimate child. [Art 6 NCC] The following are the instances that waiver of rights shall be declared null and void: a) When the waiver is contrary to law. 5. Entitled to support in conformity the FC. 14. b) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. good customs. 2. To use the surname and shall be under the parental authority of their mother. Who are considered illegitimate children? The following are illegitimate children: 1. or b) Any other means allowed by the rules of court and special laws. the legitimate shall be proved by: a) The open and continuous possession of the status of a legitimate child. d) When it creates new substantive rights. Children born of bigamous marriages. b) When the law is penal in nature and which is favourable to the accused who is not a habitual delinquent or recidivist. 4. . How is filiation of legitimate children established? [Article 172 FC] The filiation of legitimate children is established by any of the following: a) The record of birth appearing in the civil register or a final judgment. f) When it is interpretative of other laws. 3. The following are the rights of illegitimate children: 1. Children of other void marriages under article 35 FC. and b) When the waiver is prejudicial to a third person with a right recognized by law. In the absence of the foregoing evidence.

Who are the persons who may adopt? The following may adopt: a) Any Filipino citizen of legal age. except in the following cases: 1. or b. in possession of full capacity and legal rights. and who is in position to support and care for his/her children in keeping with the means of family. or custody: 1. that his/her country has diplomatic relations with the Republic of the Philippines. 2. One who seeks to adopt the legitimate son/daughter of his/her Filipino spouse. that the other spouse has signified his/her consent thereto. of good moral character. whether inside or outside the premises of the school. 20. Special Parental authority and responsibility apply to all authorized activities. Husband and wife may jointly adopt. entity or institutions engaged in child care. . Individual. emotionally and psychologically capable of caring for children. A former Filipino Citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity. or c. entity. that he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country. c) The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities. instruction. 19. When one spouse seeks to adopt the legitimate son or daughter of the other. that he/she has been living in the Philippines for at least three (3) years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered. and 3. or is the spouse of the adoptee’s parent. The school. at least sixteen (16) years older than the adoptee. or 2. [The requirement of 16 years difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee. or institution. If the spouses are legally separated from each other. that the requirements on residency and certification of the alien’s qualification to adopt in his/her country may be waived for the following: a. its administration and teachers.] b) Any alien possessing the same qualification as above state for Filipino nationals: Provided. Who are granted by law special parental authority and responsibility? The following exercise special parental authority and responsibility over the minor child while under their supervision. however. has not been convicted of any crime involving moral turpitude. 3. One who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse. and his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided further.18. When one spouse seeks to adopt his/her own illegitimate son/daughter: Provided.

counsel or example. c) Compels the child to beg. or d) Subjects the child or allows him to be subjected to acts of lasciviousness. may also suspend parental authority if the parent or the person exercising the same: a) Treats the child with excessive harshness or cruelty. . Under what circumstances the court shall suspend parental authority? (1) Parental authority is suspended upon conviction of the parent or person exercising the same of a crime which carries the penalty of civil interdiction. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender [Article 230 FC]. in an action filed for the purpose or in a related case. (2) The court. The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority. b) Gives the child corrupting orders.21.