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PERSONS AND FAMILY RELATIONS

TOPIC MNEMONIC WORD/PHRASE MEANING

1. Presidential 1. Presidential Decrees


2. Laws 2. Laws which refer to all statutes, including local and private laws
3. Administrative 3. Administrative rules and regulations, the purpose of which is to
4. Charter enforce/implement existing law pursuant to a valid delegation
Coverage of Article
PLAC3E 5. Circulars 4. Charter of a city
2, NCC
6. Circulars 5. Circulars issued by the Monetary Board the purpose of which is not
7. Executive Orders merely to interpret but to fill in the details of the Central Bank Act
6. Circulars and Regulations which prescribe a penalty for its violation
7. Executive Orders
1. Interpretative 1. Interpretative Regulations
2. Internal 2. Those internal in nature, regulating only the personnel of the
Instances when
3. Letters administrative agency
publication is not I2 L
3. Letters of Instructions issued by administrative superiors on
required
rules/guidelines to be followed by subordinates in the performance of
their duties
1. Procedural 1. Procedural or Remedial
2. Penal 2. Penal Laws favorable to the accused
3. Unless 3. Unless the law otherwise provides
Exceptions to the
4. Tax 4. Tax laws when expressly declared or is clearly the legislative intent
General Rule on P2 UTNICE
5. New 5. Laws creating new rights
Retroactivity of Laws
6. Interpretative 6. Interpretative statutes
7. Curative 7. Curative or Remedial Statutes
8. Emergency 8. Emergency Laws
Exceptions to the 1. Ex post 1. Ex post facto laws
Exceptions on the 2. Laws 2. Laws that impair obligation of contracts
EL
GR of Retroactivity
of laws

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TOPIC MNEMONIC WORD/PHRASE MEANING

1. Punishes 1. The law makes the act valid but punishes the violator
Exceptions to the GR
2. Authorizes 2. The law itself authorizes its validity
that acts contrary to
mandatory or PAVE 3. Voidable 3. The law makes the act only voidable
prohibitory laws are 4. Effects 4. The law declares the nullity of an act but recognizes its effects as legally
void existing

1. Capacity 1. Full capacity to make the waiver


2. Unequivocal 2. Waiver must be unequivocal
Requisites of a Valid 3. Exist 3. Right must exist at the time of waiver
CUE-CPF
Waiver 4. Contrary 4. It must not be contrary to law, public policy, morals, and good customs
5. Prejudicial 5. It must not be prejudicial to a third person with a right recognized by law
6. Formalities 6. When formalities are required, the same must be complied with
1. Contrary 1. Waiver is contrary to law, public order, public policy, morals or good
2. Prejudicial customs
Exceptions to the GR
3. Existence 2. If the waiver is prejudicial to a 3 rd party with a right recognized by law
that rights may be C-PEN
4. Natural 3. Alleged rights which are really not yet in existence, as in the case of future
waived
inheritance
4. If the right is natural right, such as right to be supported
1. Plurality 5. Plurality or repetition of acts
2. Practiced 6. Practiced by great mass of the social group
Requisites to make a
P2OT 3. Obligatory 7. The community accepts it as a proper way of acting, such that it is
custom obligatory
4. Time considered as obligatory upon all
1. Continued practice for a long period of time
1. Legal 1. Existence of a Legal right or duty
Elements of abuse of
LEP 2. Exercised 2. Which is Exercised in bad faith
right
3. Prejudicing 3. For the sole intent of prejudicing or injuring another
1. Legal 1. There is a legal act
Elements of Acts 2. Contrary 2. But which is contrary to morals, god customs, public order, or public
LCI
Contra Bonus Mores 3. Intent policy
3. It is done with intent to injure
Elements of Accion 1. Just 1. Enrichments is without just or legal ground
JELA
in Rem Verso 2. Enriched 2. Defendant has been enriched

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TOPIC MNEMONIC WORD/PHRASE MEANING

3. Loss 3. Plaintiff has suffered a loss


4. Action 4. He has no other action based on contract, quasi-contract, crime or quasi-
delict
1. Constitutional 1. Breach of Constitutional and other rights
Independent Civil 2. Defamation 2. Defamation, fraud, physical injuries
Actions Granted by CD-RQ 3. Refusal 3. Refusal or failure of city or municipal police to give protection
Law 4. Quasi delict 4. Quais-delict or culpa aquilliana

1. Minority 1. Minority
2. Insanity 2. Insanity or Imbecility
Restrictions on
MID-PC 3. Deaf Mute 3. State of being Deaf Mute
Capacity to Act
4. Prodigality 4. Prodigality
5. Civil Interdiction 5. Civil Interdiction
1. Family Relations 1. Family Relations
2. Insanity 2. Insanity
3. Imbecility 3. Imbecility
4. Insolvency 4. Insolvency
5. Trusteeship 5. Trusteeship
Modifications on 6. Penalty 6. Penalty
FI3 T P2A3 D
Capacity to Act 7. Prodigality 7. Prodigality
8. Age 8. Age
9. Alienage 9. Alienage
10. Absence 10. Absence
11. State of being deaf- 11. State of being deaf-mute
mute
1. Legal 1. Legal Capacity of the contracting parties, who must be a male and a
2. Consent female
Essential Requisite
LC a. 18 years old or above
of Marriage
b. Not under any impediment mentioned in Art. 37 & 38
2. Consent freely given in the presence of a solemnizing officer
Formal Requisite of 1. Authority 1. Authority of the solemnizing officer
ALM
Marriage 2. License 2. Valid Marriage License

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TOPIC MNEMONIC WORD/PHRASE MEANING

3. Marriage 3. Marriage ceremony where the contracting parties appear before the
Ceremony solemnizing officer, with their personal declaration that they take each
other as husband and wife in the presence of not less than 2 witnesses of
legal age
1. Priest 1. Priest, rabbi, imam, or ministers of any church or religious sect
2. Incumbent 2. Incumbent members of the judiciary within the court’s jurisdiction
3. Captains 3. Ship captain or air plane chiefs
Persons who may
PICC-CM 4. Commander 4. Commander of a military unit, in the absence of chaplain
solemnize marriage
5. Consul 5. Consul generals, consuls or vice-consuls of the republic of the Philippines
6. Mayors abroad
6. Municipal and City Mayors
1. Muslims 1. Among Muslims or members of ethnic cultural communities solemnized
2. Articulo Mortis in accordance with their customs, rites and practices
3. Remote Place 2. Articulo Mortis
Exceptions to the
MARCO 4. Cohabitation 3. Remote Place
license requirement
5. Outside 4. Ratification by Cohabitation
5. Solemnized outside the Philippines where no marriage license is required
by the country where they were solemnized
1. 5 years 1. The man and woman must have been living as husband and wife for at
2. Legal least 5 years before the marriage
3. Legal 2. The parties must have no legal impediment to marry each other
4. Affidavit 3. The fact of absence of legal impediment between the parties must be
Requisites of 5. Statement present at the time of marriage
Ratification by 5L2AS 4. The parties must execute an affidavit before any person authorized by law
cohabitation to administer oaths stating that they have lived together for at least 5
years
5. The solemnizing officer must execute a sworn statement that he had
ascertained the qualifications of the parties and that he had found no
legal impediment to their marriage
Exceptions to the GR 1. Below 1. Contracted by a national who is below 18 years of age
2
that foreign B MA-PIP 2. Bigamous 2. Bigamous or polygamous except as provided in Art. 41, FC
marriages may be 3. Mistake 3. Contracted through mistake of one party as to the identity of the other

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TOPIC MNEMONIC WORD/PHRASE MEANING

recognized in the 4. Annulment 4. Contracted following the annulment or declaration of nullity of a previous
Philippines 5. Psycholgicallly marriage but before partition
6. Incestuous 5. When any of the party is psychologically incapacitated wen the marriage
7. Public was celebrated
6. Incestuous marriages
7. Marriage is void by reason of Public Policy
1. Law 1. Those contrary to law or public policy
2. Absence 2. Absence of essential or formal requisites
Kinds of Void 3. Psychological 3. Either of the parties is Psychologically incapacitated
LAPIS 4. Incestuous 4. Incestuous Marriages
Marriages
5. Subsequent 5. Void subsequent marriages

1. Below 1. Contracted by any party below 18 years of age even with parental
2. Bigamous consent
3. License 2. Bigamous or polygamous marriages except as provided in Art. 41
Void marriages due 4. Authorized 3. Solemnized without marriage license except as otherwise provided
to absence of any of 5. Identity 4. Solemnized by any person not legally authorized to perform marriages
BB-LAIS
the essential or 6. Subsequent unless one or both of the parties believed in good faith that the
formal requisites solemnizing officer had the legal authority to do so
5. Marriages contracted through mistake of one of the parties as to the
physical identity of the other
6. Subsequent marriages that are void under Art. 53 of the Family code
1. Juridical 1. Juridical Antecedent, must be rooted in the history of the party
Antecedent antedating the marriage, although the overt manifestations may engage
Requisites of 2. Incurablity only after the marriage
Psychological JIG 3. Gravity 2. Incurability, Must be incurable or, even if it were otherwise, the cure
Incapacity would be beyond the means of the party involved
3. Gravity, must be grave/serious such that the party would be incapable of
carrying out the ordinary duties required in a marriage

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TOPIC MNEMONIC WORD/PHRASE MEANING

1. Permanent 1. Incapacity must be Permanent or incurable


2. Root 2. Root cause of the psychological incapacity must be:
3. Obligations a. Medically or clinically identified
4. Burden of Proof b. Alleged in the complaint:
5. Existing i. Sufficiently proven by experts
6. Prosecuting ii. Clearly explained in the decision
7. Interpretations 3. Marital obligations refer to Art. 68-71, 220, 221 and 225 of the FC
Jurisprudential 8. Grave 4. Plaintiff has Burden of Proof
Guidelines (Molina PROBE PIG 5. Incapacity proven to be existing at the time of the celebration of marriage
Doctrine) 6. Trial court must order the Prosecuting attorney or fiscal or the solicitor
general to appear for the state
7. Interpretations of the national appellate matrimonial tribunal of the
catholic church of the Philippines while not controlling should be given
great respect
8. Illness is grave enough to bring about disability to assume essential
marital obligations

1. Collateral Those contracted between:


2. Step 1. Collateral blood relatives whether legitimate or illegitimate up to the 4 th
3. Parents civil degree
4. Adopting 2. Step-parents & step children
5. Surviving 3. Parents-in-law 7 children in law
Marriages Contrary 6. Surviving 4. The adopting parent & the adopted child
CS-PASS-AKA
to Public Policy 7. Adopted 5. The surviving spouse of the adopting parent & the adopted child & the
8. Killed adopter
9. Adopted 6. Adopted child & a legitimate child of the adopter
7. Parties where one, with the intention to marry the other, killed the
latter’s spouse, or his/her spouse
8. Adopted children of the same adopter
1. Law 1. Brother in Law and Sister in Law
Person who can 2
LSG-AC 2. Stepbrother 2. Stepbrother and Stepsister
marry each other
3. Guardian 3. Guardian and ward

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4. Adopted 4. Adopted child, parents and relatives by consanguinity or affinity of the


5. Convicted adopter
6. Collateral 5. Parties who have been convicted of adultery or concubinage
6. Collateral relatives by the half blood
1. Nullity 1. Without judicial declaration of nullity of previous void marriage
2. Presumptive 2. Without judicial declaration of presumptive death of absent spouse
3. Presumed 3. Where the absent spouse was presumed dead , and both the present
Void subsequent 4. Partition spouse and would be spouse were in bad faith in contracting marriage
NP3
Marriages 4. Failure to comply with Art. 52 requiring the partition and distribution of
properties and delivery of children’s presumptive legitimes which should
be recorded in the appropriate civil registry of property after obtaining
judgment for declaration of nullity or annulment.
1. Absence 1. Absence of consent to contract marriage from the parents, guardian, or
2. Unsound person exercising substitute parental authority (in that order) over one or
3. Fraudulent both of the parties, where one or both of the parties is over 18 but below
4. Vitiated 21
5. Physical 2. Unsound mind of either party
Grounds for
6. Sexually 3. Consent of either party obtained through fraudulent means
Annulment of AUF-VPS
4. Vitiated consent of either party through force, intimidation, or undue
Voidable Marriages
influence
5. Physical incapability of either party to consummate the marriage with the
other, and such incapacity continues and appears to be incurable
6. Sexually transmissible disease of either party found to be serious and
appears to be incurable
1. Non-disclosure 1. Non-disclosure of a previous conviction by final judgment of the other
2. Pregnant party of a crime involving moral turpitude
3. Sexually 2. Concealment by the wife of the fact that at the time of the marriage, she
Fraudulent means of 4. Drug was pregnant by a man other than her husband
NPSD
obtaining consent 3. Concealment of a sexually transmissible disease, regardless of its nature,
existing at the time of the marriage
4. Concealment of a drug addiction, habitual alcoholism, homosexuality or
lesbianism existing at the time of the marriage

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Elements of STD of 1. Existing 1. Existing at the time of marriage


either party as a 2. Sexually 2. Sexually transmissible disease
ESSA
ground for 3. Serious 3. It is serious
annulment 4. Appears 4. Appears incurable
1. Physical 1. Repeated physical violence or grossly abusive conduct directed against
2. Attempt the petitioner, a common child, or a child of the petitioner
3. Attempt 2. Attempt of the respondent to corrupt or induce the petitioner, a common
4. Imprisonment child, or a child of the petitioner, to engage in prostitution, or connivance
5. Drug in such corruption or inducement
6. Lesbianism 3. Attempt by the respondent against the life of the petitioner
7. Abandonment 4. Final judgment sentencing the respondent to imprisonment of more than
Exclusive grounds PAA-ID-
8. Moral 6 years even if pardoned
for legal separation LAMBS
9. Bigamous 5. Drug addiction or habitual alcoholism of the respondent
10. Sexual 6. Abandonment of the petitioner by the respondent without justifiable
cause for more than 1 year
7. Physical violence or moral pressure to compel petitioner to change
religious or political affiliation
8. Contracting by respondent of a subsequent bigamous marriage
9. Sexual infidelity or perversion
1. Condonation 1. Condonation of the offense or act complained of
2. Consent 2. Consent to commission of offense or act complained of
3. Connivance 3. Connivance between parties in commission of an offense or act
4. Collusion constituting a ground for denial of that petition
Grounds for denial
C4-MP-DR 5. Mutual 4. Collusion between the parties
of petition
6. Prescription 5. Mutual guilt or where both parties have given ground for legal separation
7. Death 6. Prescription
8. Reconciliation 7. Death of either party during the pendency of the case
8. Reconciliation of the spouses during the pendency of the case
1. Live 1. The spouse shall be entitled to Live separately from each other
Effects of filing a
2. Designate 2. In the absence of an agreement between the parties, the court shall
petition for legal LDS
3. Sexual designate the husband, the wife, or a third person to manage the
separation
absolute community or conjugal partnership property

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3. The husband shall have no more right to have sexual intercourse with his
wife
1. Marriage 1. Marriage settlements executed before the marriage or ante nuptial
Property Relations 2. Provisions agreements
between husband MPLC 3. Local 2. Provisions of the Family Code
and wife 4. Co-ownership 3. Local Customs when spouses repudiate ACP
4. In the absence, of local customs, rules on co-ownership
1. Before 1. Made before celebration of marriage
2. Writing 2. In writing
3. Signed 3. Signed by the parties
4. Prejudice 4. Will not prejudice third persons unless registered in the civil registry and
Requisites of a Valid
BeW-SIP-FINA 5. Fix proper registries of property
Marriage Settlement
6. Not contain 5. Shall fix terms and conditions of the property relations
7. Additional 6. Must not contain provisions contrary to law, good morals, good customs,
public order, and public policy, or against the dignity of either spouse
7. Additional signatories/parties
1. Revival 1. In case of revival of former property regime between reconciling spouses
Exceptions to the GR
2. Abandoned after decree of legal separation has been issued
that modifications in
3. Sufficient 2. When abandoned spouse files petition for judicial separation of property
a marriage
RASP 4. Petition under Art. 128
settlement must be
3. When a spouse files petition for judicial separation of property for
made through a
sufficient causes under Art. 135
judicial decree
4. Petition for voluntary dissolution of property regime under Art. 136
Requisites for 1. Consideration 1. In consideration of marriage
Donations propter COB 2. One 2. In favor of one or both of the future spouses
nuptias 3. Before 3. Made before celebration of marriage
1. Marriage 1. There must be a valid Marriage settlement stipulating a property regime
Rules in case of settlement other than ACP
donation by the 2. One-fifth 2. Donation in Marriage settlement is not more than 1/5 of present property
MOAC
would be spouse to 3. Accepted 3. Accepted by would be spouse
each other 4. Complies 4. Complies with requisites in Title II, Book II of the Civil Code on Donations

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1. Void 1. Marriage not celebrated or declared void ab initio except those made in
2. Consent marriage settlements that do not depend on celebration of marriage
Grounds for
3. Annulled 2. Marriage without parental consent
revocation of
VoLCARI 4. Legal Separation 3. Marriage is annulled and donee is in bad faith
donations propter
5. Resolutory 4. Upon legal separation, the donee being the guilty spouse
nuptias
6. ingratitude 5. Donation is with a resolutory condition and the condition was complied
6. Donee commits acts of ingratitude as specified by Art. 765 of Civil Code
Exceptions to the GR 1. Before 1. Property, including fruits and income thereof acquired before the
that the Community 2. Exclusive marriage by either spouse who has legitimate descendants by a former
Property shall 3. Gratuitous marriage
consist of all 2. Property for personal and exclusive use except jewelry
BEG
property owned by 3. Property acquired during the marriage by gratuitous title, including fruits
the spouses at the and income thereof except when the donor, testator, or grantors
time of marriage or expressly provides otherwise
acquired thereafter
1. Labor 1. Obtained from Labor, industry, work or profession of either or both
2. Livestock spouses
3. Chance 2. Livestock existing upon dissolution of partnership in excess of number of
4. Conjugal each kind brought to the marriage by either spouse
5. Fruits 3. Acquired by chance such as winnings from gambling, but losses
6. Occupation therefrom shall be borne exclusively by loser-spouse
Properties under 7. Net fruits 4. Acquired during the marriage by onerous title with conjugal funds
L2C2-FONTI
Conjugal Partnership 8. Treasure 5. Fruits of the conjugal property during the marriage
9. Interest 6. Acquired through occupation such as fishing or hunting
7. Net fruits of their exclusive property
8. Share of either spouse in hidden treasure
9. Interest falling due during the marriage on principal amount of credit
belonging to one spouse which is payable in partial
payments/installments and collected during the marriage
1. Own 1. That which is brought to the marriage as his/her own, whether with or
Exclusive Property of
OGREC 2. Gratuitous without legitimate descendants
Each Spouse
3. Redemption 2. Acquired during the marriage by Gratuitous title

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4. Exclusive 3. Acquired by right or redemption, barter, or exchange with property


5. Credit belonging to either spouse
4. Purchased with exclusive money of either spouse
5. Principal amount of credit belonging to one spouse payable in partial
payments/installments, which will be fully paid during the marriage
1. Persona 1. Payment of personal debts
Use of Exclusive 2. Indemnities 2. Fines and indemnities
PISI
Properties 3. Support 3. Support of illegitimate children of the owner-spouse
4. Insufficiency 4. In case of insufficiency of the community property of gains
1. Legal Separation 1. Decree of Legal separation
Grounds for 2. Annulment 2. Annulment of declaration of nullity of marriage
LADS
Termination 3. Death 3. Death of either spouses
4. Separation 4. Judicial separation of property
1. Civil interdiction 1. Petitioner’s spouse has been sentenced with a penalty which carries with
2. Loss it civil interdiction
3. Absentee 2. Loss of parental authority of petitioner’s spouse as decreed by the court
4. Abandonment 3. Petitioner’s spouse has been judicially declared an absentee
Causes of Judicial
5. Power 4. Abandonment by the petitioner’s spouse or failure to comply with the
Separation of CLA2PS
6. Separated obligations to the family as provided in Art. 101
Property
5. Spouse granted power of administration in marriage settlement abused
such power
6. At the time of the petition, spouses have been separated in fact for at
least 1 year and reconciliation is highly improbable
1. Termination 1. Termination of civil interdiction
2. Reappearance 2. Reappearance of absentee
3. Abuse 3. Upon satisfaction of court that spouse granted administration in the
4. Left marriage settlement will not abuse that power and authorizes resumption
Revival of Former
TRALPS-J 5. Parental of said administration
Property Regime
6. Separated 4. Return and resumption of common life with spouse by the other who left
7. Joint the conjugal home without decree of legal separation
5. Restoration of parental authority
6. Reconciliation and resumption of common life of spouses who had been

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separated in fact for at least 1 year


7. Spouses agree upon joint petition to revival of former property regime
after voluntary dissolution of ACP or CPG has been judicially declared
1. Husband; Wife 1. Between Husband and Wife
2. Parents; Children 2. Between Parents and Children
What Family
HW-PC-AD-BS 3. Ascendant; 3. Among other Ascendants and descendants
Relations include
Descendant 4. Among Brothers and sisters whether full or half-blood
4. Brothers; Sisters
Exceptions to the GR 1. Prior 1. Debts incurred prior to constitution
that the family 2. Laborers 2. Debts due to laborers, mechanics, architects, builders, material men and
home is exempt 3. Mortgages others who have rendered service or furnished material for the
PLMN
from execution, 4. Non-payment construction of the building
forced sale, or 3. Debts secured by mortgages on family home
attachment 4. Non-payment of taxes on home
1. Physical 1. Physical Impossibility of the husband to have sexual intercourse with his
2. Biological wife within the first 120 days of the 300 days immediately preceding the
3. Consent child’s birth, due to:
a. Physical incapacity of the husband
Grounds for
b. Husband and the wife were living separately
impugning PBC
c. Serious illness of the husband which absolutely prevented sexual
legitimacy
intercourse
2. Biological or scientific proof that the child could not have been that of the
husband
3. Vitiated consent in artificial insemination
1. Terminated 1. First marriage Terminated
Requisites for Status 2. Subsequent 2. Mother contracted subsequent marriage
of Children born 3. Within 3. Subsequent marriage was contracted within 300 days after termination of
within 300 days 4. Born previous marriage
from termination of TS-WBN 5. No Evidence 4. Child was born within 300 day period
1st marriage and 5. No evidence as to status of a child
celebration of
subsequent one

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1. Record Filiation of legitimate (or illegitimate) children is established by any of the


2. Admission following:
GR on Proof of
RA 1. The record of birth appearing in the civil registry or a final judgment
Filiation
2. An admission of legitimate (or illegitimate) filiation in a public document
or a private handwritten instrument and signed by the parent concerned
1. Open In the absence of the GR, such legitimate or illegitimate filiation shall be
2. Any proved by:
Exceptions to the GR
OA 1. Open and continuous possession of the status of a legitimate or
on Proof of Filiation
illegitimate child
2. Any other means allowed by the rules of court and special laws
1. Illegitimate 1. The child is illegitimate
2. Not disqualified 2. The parents at the time of the child’s conception are not disqualified from
Requisites of
INM 3. Marriage marrying each other or were so disqualified only because either or both
Legitimation
of them were below 18 years of age
3. There is a valid Marriage subsequent to the child’s birth
1. Legal Age 1. Of legal age
2. Position 2. In a position to support and care for his/her children in keeping with the
3. Good Moral means of the family
Qualifications of a 4. Civil capacity 3. Good moral character
LPG-CONE
Filipino Adopter 5. Older 4. In possession of full civil capacity or legal rights
6. Not been convicted 5. At least 16 years older than the adoptee
7. Emotionally 6. Has not been convicted of any crime involving moral turpitude
7. Emotionally and psychologically capable of caring for children
1. Same 1. Same qualifications as a Filipino
2. Diplomatic 2. Country has diplomatic relations with the Philippines
3. Enter 3. Certified by said office that his government allows the adoptee to enter
4. Living his country as his adopted child
Qualifications of an
S-DELL 5. Legal 4. Has been living in the Philippines for at least 3 continuous years prior to
Alien Adopter
the application for adoption and maintains such residence until the
adoption decree is entered
5. Certified to have legal capacity to adopt by his/her diplomatic or consular
office but the certification may be waived in the same instances for

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waiver of residence requirement


th
1. 4 Civil Degree 1. A former Filipino citizen seeks to adopt a relative within the 4 th civil
2. Legitimate degree of consanguinity or affinity
When waiver of 3. Relative 2. One who seeks to adopt the legitimate son/daughter of his/her Filipino
Requirements of 4-LR spouse
Residency is allowed 3. One who is married to a Filipino Citizen and seeks to adopt jointly with
his/her spouse a relative within the 4 th degree of consanguinity or affinity
of the Filipino spouse
1. Legitimate 1. One spouse seeks to adopt the legitimate child of the other spouse
Exceptions to the
2. Illegitimate 2. One spouse seeks to adopt his/her own illegitimate child with the consent
rule that spouses LIS
3. Separated of the other spouse
must jointly adopt
3. The spouses are legally separated
1. Biological 1. Child whose biological or adoptive parents have died, provided that no
2. Committed proceedings shall be initiated within 6 mos. from the time of death of said
3. Rescinded parents
4. Illegitimate 2. Any person below 18 years of age who has been voluntarily committed to
Who may be 5. Legitimate the DSWD under PD 603 or judicially declared available for adoption
BC-RILL
adopted 6. Legal 3. Child whose adoption has been previously rescinded
4. Illegitimate child of a qualified adopter to improve the child’s status
5. Legitimate child of the other spouse
6. A person of legal age, who, prior to the adoption, has been consistently
considered by the adopter as his/her own child since minority
1. Adoptee 1. The adoptee, if he is 10 years of age or older
2. Biological Parents 2. Known biological parents or legal guardians or proper government
3. Legitimate instrumentality which has legal custody of the child
4. Illegitimate 3. Legitimate/adopted children, 10 years old or over, of the adopter and
Consent in Adoption A-BALIS
5. Spouse adoptee
4. The illegitimate children, 10 year old or over, of the adopter if living with
the adopter and the latter’s spouse
5. Spouse of the adopter and adoptee
1. Severance 1. Severance of legal ties between the biological parents and the adoptee,
Effects of Adoption SAL
2. Adoptee which shall be vested in the adopters

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3. Legal 2. Adoptee shall be considered as a legitimate child of the adopter(s) for all
intents and purposes
3. In legal and intestate succession, the adoptee and the adopter(s) shall
have reciprocal rights of succession without distinction from legitimate
filiation. However if there is a will, the rules on testamentary succession
shall be followed.
1. Attempt 1. Attempt on the life of the adoptee
Grounds for 2. Sexual 2. Sexual assault or violence
Rescission of ASAR 3. Abandonment 3. Abandonment and failure to comply with parental obligations
Adoption 4. Repeated 4. Repeated physical or verbal maltreatment by the adopter despite having
undergone counseling
1. Groundless 1. Groundless accusation against the testator of a crime punishable by 6
2. Attempt years or more imprisonment
3. Make 2. Found guilty of an attempt against the life of the testator, his/her spouse,
4. Maltreatment descendants, or ascendants
5. Conviction 3. Causes the testator to Make or change a testator’s will through violence,
Grounds for
GAMM-CARD 6. Adultery intimidation, fraud or undue influence
Disinheritance
7. Refusal 4. Maltreatment of the testator by word or deed
8. Dishonorable 5. Conviction of a crime which carries the penalty of civil interdiction
6. Adultery or concubinage with testator’s spouse
7. Refusal without justifiable cause to support the parent or ascendant
8. Leads a dishonorable or disgraceful life
1. Parental 1. Parental authority of adoptee’s biological parents or legal custody of
2. Reciprocal DSWD shall be restored if adoptee is still a minor or incapacitated
3. Amended 2. Reciprocal rights and obligation of the adopter(s) and the adoptee to each
4. Succession other shall be extinguished
3. Amended certificate of birth of the adoptee shall be cancelled and its
Effects of Rescission PRAS
original restored
4. Succession rights shall revert to their status prior to the adoption, but
vested rights shall be respected

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PERSONS AND FAMILY RELATIONS

TOPIC MNEMONIC WORD/PHRASE MEANING

1. Jointly 1. If married, his/her spouse must jointly file for the adoption
2. Age 2. At least 27 years of age and at least 16 years older than the child to be
3. Capacity adopted at the time of the application unless the adopter is
4. Not been convicted a. Parent by nature of the child to be adopted
5. Eligible b. Spouse of such parent
6. Rights 3. Capacity to act and assume all rights and responsibilities of parental
7. Diplomatic authority under his/her national laws, and has undergone the appropriate
8. Position counseling from an accredited counselor in his/her country
9. Qualifications 4. Has not been convicted of a crime involving moral turpitude
Conditions for
5. Eligible to adopt under his/her national law
Adoption under the
JAC-NERD-PQ 6. Agrees to uphold the basic rights of the child as embodied under
Inter-Country
Philippine laws, the UN convention on the rights of a child, and to abide
Adoption Act
by the rules and regulations to implement the inter-country adoption act
7. Comes from a country with whom the Philippines has diplomatic relations
and whose government maintains a similarly authorized and accredited
agency and that adoption is allowed under his/her national laws
8. In apposition to provide the proper care and support and to give the
necessary moral values and examples to all his children, including the
child to be adopted
9. Possesses all the qualifications and none of the disqualifications under the
inter-country adoption act and other applicable Philippine laws
1. Legal 1. Legal, one required or given by law
2. Judicial 2. Judicial, required by the court to be given whether pendent lite or in a
Kinds of Support LJC
3. Conventional final judgment
3. Conventional, given by agreement
1. Mandatory 1. Mandatory
2. Reciprocal 2. Reciprocal on the part of those who are by law bound to support each
3. Personal other
Characteristics of
MR PI2NE 4. Provisional 3. Personal
Support
5. Intransmissible 4. Provisional character of support judgment
6. Not subject 5. Intransmissible
7. Exempt 6. Not subject to waiver or compensation

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PERSONS AND FAMILY RELATIONS

TOPIC MNEMONIC WORD/PHRASE MEANING

7. Exempt from attachment or execution


Order of Liability if 1. Spouse 1. Spouse
Several Persons are 2. Descendants 2. Descendants in the nearest degree
SDAB
required to give 3. Ascendants 3. Ascendants in the nearest degree
support 4. Brothers 4. Brothers and sisters
Support by a 1. Intention 1. Stranger gives support to another person with the intention to be
stranger when 2. Not have reimbursed
IN
reimbursable (under knowledge 2. Person obliged to give support to the recipient does not have knowledge
Art. 206) of the stranger’s act
Support by a 1. Urgent 1. There is an urgent need to be supported on the part of the recipient
stranger when 2. Unjustly 2. The person obliged to support unjustly refuses or fails to give the support
U2F
reimbursable (under 3. Furnishes 3. A third person furnishes the support to the needy individual
Art. 207)
1. School 1. School
Special Parental
SAC 2. Administrators 2. Administrators and teachers
Authority
3. Care 3. Individual, entity or institution engaged in the child care
1. Conviction 1. Conviction of a crime with the penalty of civil interdiction
2. Harsh 2. Harsh or cruel treatment against the child
Grounds for 3. Orders 3. Orders, counsels or example which are corrupting, given by the person
Suspension of CHOBAN 4. Beg exercising authority
Parental Authority 5. Acts 4. Child is compelled to beg
6. Negligence 5. Subjecting child or allowing child to be subjected to acts of lasciviousness
6. Negligence, which is culpable, committed by the exercising authority
1. Death 1. Death of the parents
Grounds for 2. Death 2. Death of the child
Permanent D2ES 3. Emancipation 3. Emancipation of the child
Termination 4. Sexual Abuse 4. If the person exercising parental authority has subjected the child or
allowed him to be subjected to sexual abuse
1. Adoption 1. Adoption of the Child
Grounds for
2. Appointment 2. Appointment of general guardian
Temporary A 2 J3
3. Judicial 3. Judicial declaration of abandonment
Termination
4. Judgment 4. Final judgment divesting the parents of parental authority

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PERSONS AND FAMILY RELATIONS

TOPIC MNEMONIC WORD/PHRASE MEANING

5. Judicial 5. Judicial declaration of absence or incapacity of the parents exercising


parental authority over the child
1. Filing 1. Upon filing of verified petition in the family court where the spouses
2. Notice reside, jurisdiction of said court over the petition shall attach upon proof
3. Opportunity of notice to the other spouse
4. Preliminary 2. Notice to the non-petitioning spouse is given the opportunity to answer
5. Ex-parte on or before the date set for initial conference as indicated in the notice
6. Decided 3. The preliminary conference shall be conducted by the judge personally,
Procedure for 7. Judgment and the spouses shall not be assisted by counsel. After the initial
Judicial Proceedings F-NOPED-J conference, the spouses may be assisted by counsel at the court’s
in the Family Law discretion
4. The court may proceed ex parte and render judgment if despite all
efforts, the non-petitioning spouse does not appear
5. If both spouses are present during the initial conference and the petition
is not resolved then, the petition shall be decided in a summary hearing
on the basis of affidavits submitted
6. The judgment of the court shall be immediately final and executor
1. Provisional 1. Provisional Absence, when a person disappears from his domicile, his
2. Declared whereabouts being unknown, without leaving an agent to administer his
Different Stages of
PDP 3. Presumptive property
Absence
2. Declared absence
3. Presumptive death
1. Spouse 1. Spouse present
Who may ask for the 2. Testate 2. Testate heirs
declaration of STIR 3. Intestate 3. Intestate heirs
absence 4. Rights 4. Other persons subordinated to rights over the property of absentee by
death
1. Reappears 1. Absentee reappears personally or through an agent
When 2. Proven 2. Death is proven
Administration shall RPA 3. Acquired 3. Third person appears and shows proof that he acquired absentee’s
cease property when absentee was still alive

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PERSONS AND FAMILY RELATIONS

TOPIC MNEMONIC WORD/PHRASE MEANING

1. 4 years 1. The absent spouse has been missing for 4 years or 2 consecutive years if
2. Remarry the disappearance is under extraordinary circumstances
3. Belief 2. The present spouse wishes to remarry
Requisites of
4-RBF 4. Files 3. The present spouse has a well-founded belief that the absent spouse is
Presumptive Death
dead
4. The present spouse files a summary proceeding for the declaration of
presumptive death of the absent spouse

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