Absence

Psychological Incapacity
Parental Authority, civil interdiction then may probation
Damnum Absque Injuria
Dependent Civil Action
Independent Civil Actin
Property Relation
ACP
Conjugal
Substitute Parental Authority
Rule on survivorship
Dissolution of marriage
Psychological incapacity guidelines
Dissolution of ACP
Lex rei SItae – the law that governs real property and personal property is the law
where it is located.
Lex Rei Celebrationis – The forms and solemnities of the contracts, wills, and other
instruments shall be subject by the law of the country in which they were executed.
Lex Nationali – the law that governs family rights and duties or to the status, legal
capacity and condition of a Filipino Citizens are binding even though they live in
abroad.
Substitute/Special Parental Authority
Marriage – Article 1 of the Family Code provides that a marriage is a special contract
of permanent union of a man and a woman entered into in accordance with law for
the establishment of conjugal and family life. Marriage is also a foundation of the
family which the constitution protects and as an inviolable social institution its nature,
incidents and consequences are govern by law and not subject to any stipulation
except only in cases of marriage settlement wherein the future spouses may enter
into an agreement to fix their property relations during the existence of their
marriage.
Cognovit Actionem - Cognovit   actionem—a   written   confession   of   an   action  
by   the defendant, subscribed but not sealed, and irrevocably authorizing any
attorney  of  any  court  of  record  to  confess  judgment  and  issue
execution  usually  for  the  sum  named.    It  is  given  in  order  to  save expense
and differs from a warrant  of attorney, which is given to an expressly designated
attorney before the commencement of any action and is under seal.
Dependent Civil Action
Doctrine of Processual Presumption
Special Parental Authority
Effects, Legal Separation,
Prejudicial question
Quasi-delict of a 16 year old minor
Parental Authority Joint Exercise
Support
Liability of ACP
Doctrine of Renvoi
Vicarious Liability – it is a liability of the persons responsible for their failure to
exercise due care and vigilance over the act of a persons to prevent them from
causing damages. The law presumes that they are negligent unless they prove the
contrary. They must established that they observed the diligence of a good father of
a family in order to prove that they are not negligent.
Birth Determines – The New Civil Code of the Philippines provides that birth
determines personality, the conceived child shall be considered born for all purposes
that are favourable to it with the condition that the child with intra-uterine life of less
than 7 months, he/she must be alive within 24 hours after complete delivery.
Transmission theory – This is a procedure when there is a conflict of laws rules in a
forum state to a foreign state, the conflict of laws will refer the matter back to the law
of the forum state or a third state.

Republic vs. Molina provides for the guidelines in interpreting and applying Article 36
of the Family Code in relation to Psychological Incapacity:
1. the burden of proof is on the part of the plaintiff to show the nullity of the marriage,
in case of doubt it must be resolved in favor of the existence of the marriage;
2. as to the root cause of the psychological incapacity It must be clinically identified,
proven by the experts, must be alleged in the complaint and clearly explained in the
decision;
3. the incapacity must be shown medically permanent and incurable;
4. The illness of the defendant spouse must be grave enough to bring the disability
of the party and the former fails to perform essential marriage obligations;
5. the psychological incapacity must be existing at the time of the celebration of the
marriage;
6. there is failure to perform marital obligations as husband and wife and obligation
with regard to parent and children;
7. The interpretation provided by the National Appellate Matrimonial Tribunal of the
Catholic Church should be respected even if it is not controlling;
8. the fiscal and Solicitor General must appear as counsel for the State.

The following are the grounds for Legal Separation:

1. Repeated physical violence directed against the petitioner, common child or to the
child of the petitioner;
2. Physical violence or moral pressure to compel the petitioner to change religious or
political affiliation;
3. Attempt of the respondent to corrupt or induce the petitioner, their common child,
or child of the petitioner to engage in prostitution or in connivance in such corruption
or inducement;
4. Conviction or final judgment sentencing the respondent to imprisonment of more
than 6 years, even if granted pardon;
5. Drug addiction or habitual alcoholism of the respondent
6. Homosexuality or lesbianism of the respondent;
7. when the respondent contracted a bigamous marriage, whether in the Philippines
or abroad;
8. Sexual infidelity
9. Abandonment by the respondent without justifiable cause for more than one year.

The following are void ab ignitio marriages:

1. those contracted by any party who are less than 18 years of age, even if they
obtained parental consent;
2. that the so