7/25/2017 1{@) Persons and Family Law Katrina Legarda 2017 Bar 2 (i) Taffada v. Tuvera 136 SCRA 27 o o 1D There must be publication of a law. «(@) NCC Article 3 C1 Ignorance of the law excuses no one. Gi Ignorance of fact, mistaken belief regarding a fact, difficult questions of law — may excuse and may be defensible. s{Gi] NCC Article 4 1 Retroactive: - Creates a new obligation and a new duty, or attaches a new disability in respect to transactions or considerations already past. 1D Takes away or impairs vested rights acquired under existing laws. 1D Itis unconstitutional fit amounts to an Impairment of contract or an ex post facto law or bil of attainder. (Gi) NCC~ Article 5 1 Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity 7(G@] NCC Article 6 CI RIGHTS CAN BE WAIVED, provided that the right and privilege rest in you and are Intended for your sole benefit. = E.g.: venue, rights of an accused, right to vote. o s(G@) NCC Article 7 Cl Laws may be repealed, either expressly or impliedly. i Conflicts are resolved in favor of the later law, or sometimes, even the later provision in the law, or the special law (if any) is favored. (Gi) NCC ~ Article 8 1 Doctrine of stare decisis enjoins adherence to judicial precedents. 10(f] NCC — Article 10 1 The judge must do justice. 1D What is just and equitable is the best foundation for interpreting a law. a 11 (Gi) NCC — Articles 10 and 13 1D Custom is the general rule or law that arises from such repetition. 1 There cannot be a custom, on the other hand, without a usage accompanying it or preceding it 12 {G3} NCC - Article 13 SUPERSEDED I RAC Sec. 31, Legal Periods. — wm Year = 12 months '™ Month = 30 days 1 Day = 24 hours '@ Night = sunset to sunrise. 13 [i] NCC - Article 14 1 Principle of Teritoriality. 1m Because every sovereign state has absolute and exclusive power of government7125/2017 within its own territory. NCC - Article 15, 1 Principle of Nationality. = Because every sovereign state has absolute and exclusive power of government within its own territory. 1s (Gj] NCC — Article 16 1D 1* Paragraph, Lex Rei Sitae. 1D Real property as well as personal property is subject to the law of the country where it is situated. 16(@) NCC~ Article 16 1 2 Paragraph, Principle of Nationality. '§ The intrinsic validity of the provision of the will and the amount of successional rights are to be determined under national law of the decedent. 17(Gj] NCC Article 17 1D Laws on form and solemnities m= Law of place where contract executed: /ex loci celebrations. 19(@) NCC— Article 17 1D 3 paragraph: — Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or ‘conventions agreed upon in a foreign country. 20 (Gi NCC — Article 19 1 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. 21 [Gi] NCC — Article 20 Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same. 22(iH]) NEC article 21. Any person who wilfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. 23(G]) NCC Article 22 Cl Every person who through an act of performance by another, or any other means, ‘acquires or comes into possession of something at the expense of the latter without Just or legal ground, shall return the same to him. 24(G) NCC ~ Article 23 Ci Even when an act or event causing damage to another's property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited. 25(G3] NCC - Article 24 1 Inall contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental ‘weakness, tender age or other handicap, the courts must be vigilant for his protection. 26(@3) NCC ~ Article 25, 1 Thoughtless extravagance in expenses for pleasure or display during a period of acute Public want or emergency may be stopped by order of the courts at the Instance of any ‘government or private charitable institution.712512017 2G) NCC ~ Article 26 1 Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons 28{@) Meddling with social relations 1. Prying into another's residence 2. Meddling or disturbing the private life or family relations of another 3. Intriguing to cause another to be alienated from his friends 4. Vexing or humiliating another on account of belie, lowly station in life, place of birth, physical defect, or other personal condition a 29(Gj] NCC ~ Article 27 Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken, 30(fz] NCC ~ Article 28 1D Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, ‘oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage. 31 (J) NCC~ Article 32 1 Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: :2(Gi] NCC Article 36 1D Pre-judicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code. 2B (Gi) NCC ~ Article 37 1D Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost. 35(@) NCC — Article 38 O Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements... 36(@) NCC ~ Article 39 The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecilty, the state of being a deaf-mute, penalty, prodigaity, fami relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion. (ea) 3s({) Obligations of Incapacitated Persons 1 Family relations 1 Legal easements Taxes 1 Givilly liable for crimes committed, even if exempt from criminal liability.1/25/2017 1 Liable for quasi-delicts 1D Uable on quasi-contracts - principle of no unjust enrichment 7. Liable to pay for necessaries, e.g., medical expenses, legal services rendered. o NCC — Article 40 1D Birth determines personality; but the conceived child shall be considered born for all Purposes that are favorable to it, provided it be born later with the conditions specified in the following article. «0(G) NCC article 41 For civil purposes, the foetus is considered born if its alive at the time it is completely delivered from the mother’s womb. However, if the foetus had an intra-uterine life of less than seven months, itis not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. NCC - Article 42 Ci Givi personality is extinguished by death. ‘The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. +2(Ga] Effects of Death: O Dissolves marriage (Art. 130, FC) 1 2. Successional rights are transmitted (Art. 777, NCC) 13. Terminates parental authority (Art. 228 (1), FC) 14, Dissolves a partnership (Art. 1830, par. 5, NCC) o ® D Terminates CPG/ACP (Art. 99 and 130, FC) 0 6, Terminates a contract of agency (Art. 1919, par. 3, NCC) 07. Terminates criminal lability 8. Renders void service of summons and decisions rendered after death +3) NCC Article 43 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 ‘ther, 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. +«(@) nore: 1 Rule 123, Sec. 69 (ji), ROC. - Presumptions based on age and gender for death ‘occurring in calamities, 1D Not to be used in succession issues. i] of] 4s(Gj] NCC~ article 305 1D The duty and the right to make arrangements for the funeral ofa relative shall be in accordance with the order established for support, under article 294. In case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred. In case of ascendants, the paternal shall have a better right. <9(@) NCC~ articte 306 1 * “social position,” not financial capacity (diferent from FC rules on support). s0(li] NCC - Article 307 'D The funeral shall be in accordance with the expressed wishes of the deceased. In the ‘absence of such expression, his religious beliefs or affilation shall determine the funeral rites. In case of doubt, the form of the funeral shall be decided upon by the7/25/2017 person obliged to make arrangements for the same, after consulting the other members of the family. ICC — Article 309 1 Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages, material and moral. o 52) 53 (| Basic Principles {LCS and legitimated children shall principally use the sumame ofthe father (Art. 364). 1D AC-name of adopter (RA 8552). DICs, without distinction, shall use surname of the mother (Grande v Antonio, 2014). a 5+(G) Basic Principles D Married women — not mandatory that husband’s name be used. (Yasin) O Legally separated woman must continue using the name and surname she was using before decree of legal separation. (Lapera/ v Republic, 6 SCRA 357) a ss (i) Basic Principles 1D Divorced woman — may continue using her former husband's name (Tolentino v CA, 162 SCRA 66) 1D Names cannot be changed without court order (Art. 376) and only for justifiable reasons. s6(G) Basic Principles i Cannot petition to revert to birth/maiden name (Remo v DFA, 2010) 1 Use of pen-names allowed (Art: 379) NCC - Article 377 0 Usurpation of a name and surname may be the subject of an action for damages and other relief. a ss(@3) NCC ~ Article 380 1G Except as provided in the preceding article, no person shall use different names and ‘surnames. o voi) ¢o(f) Three Kinds of Absence: 1, Provisional (381-383) - less than two years absent. 2, Dectared (384-387) — 2 years or 5 years absent 3. Presumptive Death - 7 years/4 years/10 years; if Fa o 61 (ial) NCC — Article 390 ‘After an absence of seven years, it being unknown whether or not the absentee still ives, he shall be presumed dead for all purposes, except for those of succession. ‘The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. «2(Gij NCC ~ Article 391 1 The following shall be presumed dead for all purposes, including the division of the estate among the heirs: © (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is Code, Art. 41, 4 years/2 years,712512017 missing, who has not been heard of for four years since the loss of the vessel or aeroplane; ™ (2) A person in the armed forces who has taken part in war, and has been missing for four years; '§ (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. 63(E] Presumptive Death 1. Ordinary (390) - upon expiration of period ©* note FC = 4 years + conditions 2. Qualified (391) - after 4-year period, presumed to have died upon his disappearance. °** note FC 41 ~ for purposes of remarriage = 2 years. o ¢:(@) Family Code - Article 41 1 A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well- founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. «s(i] Family Code — Article 41. 1D For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. eof] ¢7{j] RA 9048, as amended by RA 10172 1 Clerical or typographical errors and change of first name or nickname, 1 The day and month in the date of birth, or 1D Sex of a person where it is patently clear that there was a clerical or typographical error or mistake in the entry. «s[] RA 9048, as amended by RA 10172 1 Misspelled name i Misspelled place of birth 1D Mistake in the entry of day and month in the date of birth Sex of the person or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records, RA 9048, as amended by RA 10172 Co petition for correction of erroneous entry conceming the date of birth or the sex of € person shall be entertained except ifthe petition is accompanied by ; ' earliest school record or earliest school documents, 1m medical records, baptismal certificate and other documents issued by religious, authorities; 70(G@i] RA 9048, as amended by RA 10172 '§ 0x nor shall any entry involving change of gender corrected except if the petition is ‘accompanied by a certification issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex transplant. ne ne) 74(Gi] Article 2 - Family Code7/25/2017 Att. 2. No marriage shall be valid, unless these essential requisites are present: 1 (1) Legal capacity of the contracting parties who must be a male and a female; and = (2) Consent freely given in the presence of the solemnizing officer. (53a) 7s(fa]) LEGAL CAPACITY DAge Gender 1 Prior Marriage 1 Relationship O Grime 1D Psychological Incapacity o 76(G] Article 3 - Family Code Art. 3. The formal requisites of marriage are: ' (2) Authority of the solemnizing officer; '§ (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and '§ (3) 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. (53a, 55a) 77(Gi] Article 4 -Family Code 1 Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2). DA defect in any of the essential requisites shall render the marriage voidable as provided in Art. 45. 1 An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally, and administratively lable. afta] 79(G@] Valid Marriages 1 Parties are with legal capacity. 1 Irregular marriage license. 1D Exempt from marriage license. 1D Good faith re: authority of solemnizing officer Irregular marriage ceremony 1D Subsequent marriage after a declaration of presumptive death. 1 Subsequent martiage after a valid decree of absolute divorce obtained by alien spouse, 0(E5] Exempt from Marriage License 1 Chapter 2. Marriages Exempted from License Requirement In articulo mortis (Art. 27) On ship or airplane (Art. 31) 1D Zone of military operation (Art. 32) m Remote Location (Art. 28) = Muslims and Ethnic Communities (Art. 33) 1 Capacitated and exclusive 5-year cohabitation (Art. 34) ®2{iai) Definitions |B Voidable O valid until otherwise declared by the court 1 can be generally ratified or confirmed by free cohabitation or prescription Gi cannot be assailed collaterally7/25/2017 1D can be assailed only during the lifetime of the parties 8 Void & C considered as having never to have taken place and cannot be the source of rights. 1 can never be ratified 1 can be attacked collaterally 1 can be questioned even after the death of either party, 3(G5] Definitions © Voidable & Di action prescribes 1G Only the parties to a voidable marriage can assall it 1D property regime governing voidable marriages is generally conjugal partnership 3 Void 9 D action or defense for nullity is imprescriptible 1D any proper interested party may attack 1D have no legal effects except those declared by law concerning the properties of the alleged spouses, regarding co-ownership or ownership through actual joint contribution (Gi Definitions Voidable ® D children conceived before its annulment are legitimate 3 Void 1D Note its effect on the children born to such void marriages as provided in Article 50 in relation to Artide 43 and 44 as well as Article 51, 53 and 54 of the Family Code Articles 35, 36, 37, 38, 53— Family Code | Cl Below 18 years of age, even with the consent of his parents or quardi 1D Solemnizing officer without legal authority; 8. No marriage license; 1D Bigamous or polygamous marriages; G Mistake of one contracting party as to the identity of the other. a £6 (G3) Articles 35, 36, 37, 38, 53— © Incestuous marriages Q 1D Marriages against public policy 1D Bad faith under Article 44 | Cl Those subsequent marriages that are void under Article 53. 1 Psychological Incapacity e7[ia]] REMINDER: Art. 39 of the Family Code 1 The action or defense for the declaration of absolute nullity of a marriage shall not prescribe. ss(] REMEMBER: 1G No confession of judgment. C1 No summary judgment. 1D No compromise on civil status,7/25/2017 1D No collusion, 1D Proper service of summons. Participation of the OSG/prosecutor as defenders of the marital bond. 29) REMEMBER: 1 Prior marriage must be declared void or annulled prior to a remarriage. 1 Art. 40. 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. sof 21 [i] Valdes v. RTC-QC, G.R. No. 122749, July 31, 1996 C The dissolution of the property regimes in marriages declared void shall be made under either Article 147 (a co-ownership) or 148 (a limited co-ownership). 3) Definitions 1 Voidable 1 C valid until otherwise declared by the court 1 can be generally ratified or confirmed by free cohabitation or prescription 1 cannot be assailed collaterally ican be assailed only during the lifetime of the parties 8 Void ‘8 Ol considered as having never to have taken place and cannot be the source of rights. can never be ratified Oi can be attacked collaterally i can be questioned even after the death of either party s4(G] Definitions 1 Voidable Gi action prescribes Only the parties to a voidable marriage can assall it 1 property regime governing voidable marriages is generally conjugal partnership ® Void & C action or defense for nullity is imprescriptible any proper interested party may attack 1D have no legal effects except those declared by law concerning the properties of the alleged spouses, regarding co-ownership or ownership through actual joint contribution Definitions Voidable © D children conceived before its annulment are legitimate & Void 8 Note its effect on the children born to such void marriages as provided in Article 50 in relation to Article 43 and 44 as well as Article 51, 53 and 54 of the Family Code s6{Gi] Article 45, Family Code 1 No parental consent: 18-21 years old ~ convalidated by free cohabitation after “minor” tums 21. 1 Unsound Mind — can only be ratified by the insane after lucidity or regaining sanity. 10 Fraud - exclusive enumeration based on concealment. Convalidated by free cohabitation. Within 5 years from discovery Force, atbp. ~ convalidated by free cohabitation. Within 5 years from discovery. s7(G] Article 45, Family Code || © Physical Incapacity ~ NOT sterility, Ratified by prescription within 5 years from marriage.712512017 C1 STO — serious and incurable. Ratified by prescription within 5 years from marriage. s6(G) FC - Article 4 00x A defect in any of the essential requisites shall render the marriage voidable as stated in Article 45. 200 so(G] NOTE o o 1D Only an essential requisite can be defective. 100{Gi] Who can file action? 1D By the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one. © unless after attaining the age of twenty-one, such party freely cohabited with the ‘other and both lived together as husband and wife, Le, the “minor” spouse. 101{] Who can file action? 1D by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one 102(ia] Who can file action? 1D by the same spouse, who had no knowledge of the other's insanity at any time before the death of either party. 1 by any relative or guardian or person having legal charge of the insane, at any time before the death of either party. Dor by the insane spouse during a lucid interval or after regaining sanity o 103(@) Who can file action? By the insane spouse during a lucid interval or after regaining sanity. unless after coming to reason, freely cohabited with the other as husband and wife, 15 years prescription period. (Art. 1149. All other actions whose periods are not fixed in this Code or in other laws must be brought within five years from the time the right of action accrues) a 104[Ga] Whe can file action? O By the injured party, within five years after the discovery of the fraud unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife a 10s zl] Who can file action? By the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased ' unless the same having disappeared or ceased, such party thereafter freely ‘cohabited with the other as husband and wife. . a 106{&) Who can file action? By the capacitated party, within five years after the marriage. = Can only be ratified by prescription. . a :07(@) Who can file action? By the capactated party, within five years after the marriage. Can only be ratified by prescription. 107/25/2017 108 (fia) 109 {fa} 110 [53] FC Article 239 1 When a husband and wife are separated in fact, or one has abandoned the other and ‘one of them seeks judicial authorization for a transaction where the consent of the other spouse is required by law but such consent is withheld or cannot be obtained, a verified petition may be filed in court alleging the foregoing facts. The petition shall attach the proposed deed, if any, embodying the transaction, and, if none, shall describe in detail the said transaction and state the reason why the required consent thereto cannot be secured. In any case, the final deed duly executed by the parties shall be submitted to and approved by the court: 111(i] FC ~ Article 101 (same as 128) 1D Ifa spouse without just cause abandons the other or falls to comply with his or her obligations to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property or for authority to be the sole administrator of the absolute community, subject to such precautionary conditions as the court may impose. 1 The obligations to the family mentioned in the preceding paragraph refer to marital, Parental or property relations. 112{G] FC ~ Article 101 (same as 128) A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning, The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling 3] 114{S3]| Article 55, Family Code © D Physical violence or grossly abusive conduct towards spouse or child, ~ VAWC. 1D Violence or pressure to change religious or politcal affiliation. - VAWC 1D Inducement into prostitution - VAWC 1D Conviction for more than 6 years ~ even if pardoned. 1D Drug addiction, habitual alcoholism 1 Lesbianism, homosexuality 115(G3] Article 55, Family Code © Contracting a bigamous marriage 1 Sexual infidelity, perversion - VAWC ©. Attempt against life 1G Abandonment without justifiable cause for more than one year. 16 117 FC- Article 57 1D An action for legal separation shall be fled within five years from the time of the ‘occurrence of the cause {People v. Zapata (1951) Ci Each sexual intercourse constitutes a crime of adultery. No constitutional or legal provision which bars the filing of as many complaints of adultery as there were adulterous acts committed. 5 nsf] 120(Gi] FC~ article 5812512017 1 An action for legal separation shall in no case be tried before six months shall have lapsed since the filing of the petition. :21{63) IF VAWC too: o C1 6-month cooling off period before trial not applicable. me 123() FC-Article 56 0 The petition for egal separation shall be denied on any of the following grounds: 1H (1) Where the aggrieved party has condoned the offense or act complained of; [condonation] 1 2) Where the aggrieved party has consented to the commission of the offense or act complained of; [consent] ' @) Where there is connivance between the parties in the commission of the offense Or act constituting the ground for legal separation; [connivance] 124{fia] FC-Article 56 1 The petition for legal separation shall be denied on any of the following grounds: ™ (4) Where both parties have given ground for legal separation; [recrimination ~ both parties are offenders} ® (5) Where there is collusion between the parties to obtain decree of legal separation; [lie re existence of marital offense] or ® (6) Where the action is barred by prescription. 125|G] Also Defenses: 7. Death of either party pendente lite (Lapuz v Eufemio) 18. Reconciliation pendente lite (Art. 66 (1)) a 126(@3) Collusion - Definition Ci Collusion in matrimonial cases being "the act of married persons in procuring a divorce by mutual consent, whether by preconcerted commission by one of a matrimonial offense, or by failure, in pursuance of agreement fo defend divorce proceedings" (Brown v. Yambao (1957)) 123(G@] FC - Article 26 1 Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38. 1D 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 likewise capacty to remarry under Philippine law. 129(@@) TO REMEMBER: The nationality principle — you look at the foreign-spouse's law. If Filipino spouse obtains divorce — void as against public policy. 1 If foreign-spouse obtains divorce — it must allow him to remarry. 130 (a) 131(5j) FC Article 75, 1D The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern, 127/25/2017 (@ Fc- art. 105 In case the future spouses agree in the marriage settlements that the regime of ‘conjugal partnership of gains shall govern their property relations during marriage, the provisions in this Chapter shall be of supplementary application. 1 The provisions of this Chapter shall also apply to conjugal partnerships of gains already established between spouses before the effectivity of this Code, without prejudice to ‘vested rights already acquired in accordance with the Civil Code or other laws, as, provided in Article 256. 133(Gi] FC - Article 144 1D Separation of property may refer to present or future property or both. It may be total Or partial. In the latter case, the property not agreed upon as separate shall pertain to, the absolute community. 134{G3) FC ~ Articles 103 and 130 1110« Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage a3) 136(G@) FC- Article 77 1 The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. They shall not prejudice third persons unless they are registered in the local civil registry where the ‘marriage contract is recorded as well as in the proper registries of properties. 137 (Gi) FC- Article 78 1D A minor who according to law may contract marriage may also execute his or her ‘marriage settlements, but they shall be valid only if the persons designated in Article 14 to give consent to the marriage are made parties to the agreement, subject to the provisions of Title IX of this Code. 135(G5) FC- article 79 For the validity of any marriage settlement executed by a person upon whom a ‘sentence of civil interdiction has been pronounced or who is subject to any other disability, it shall be indispensable for the guardian appointed by a competent court to be made'a party thereto. 139(@) FC- Article 80 In the absence of a contrary stipulation in a marriage settiement, 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. 1D This rule shall not apply: 140 (Ga] FC- Article 80 1 (1) Where both spouses are aliens; (2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located; and '™ (Lever use it as itis in direct conflict with Article 17, par. 1, /ex loci celebrationis. ‘Should be deleted.) 1) 102(G2) FC — Article 82 1D Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. (@ FC - Article 83 1D These donations are governed by the rules on ordinary donations established in Title TIT of Book IIT of the Civil Code, insofar as they are not modified by the following articles712512017 141(Gi] FC Article 81 1 Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage, including donations between the prospective spouses made therein, shall be rendered void if the marriage does not take place. However, stipulations that do not depend upon the celebration of the marriages shall be valid. 145i) FC - Article 86 Art, 86, A donation by reason of marriage may be revoked by the donor in the following cases: © (1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81; 1 (2) When the marriage takes place without the consent of the parents or guardian, aS required by law; o 146 (UG]] FC— Article 86 Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases: = (3) When the marriage is annulled, and the donee acted in bad faith; '= (4) Upon legal separation, the donee being the guilty spouse; = (5) If itis with a resolutory condition and the condition is complied with; o 1D (©) When the donee has committed an act of ingratitude as specified by the provisions Of the Civil Code on donations in general. (132a) 147(@) FC - Article 86 11 Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases: ‘= (©) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general. 1«9(i] NOTE: 1D The donor in a donation propter nuptias is either one of the future spouse or a third person. 1 The donee, however, should either be one or both of the future spouses, 1 The parents of a future spouse who are required to give parental consent are not made parties to a donation propter nuptias o 149([) FC - Article 84 If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than ‘one-fifth of their present property. Any excess shall be considered void. 1D Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. 150(G| FC — Article 87 1 Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. The prohibition shall also ‘apply to persons living together as husband and wife without a valid marriage. 15:[l5) THERE ARE THREE PROPERTY REGIMES RECOGNIZED BY THE LAW: D The Conjugal Partnership of Gains (which was the norm for all marriages before Aug. 3, 1988) 1D The Absolute Community of Property (now the norm if no pre-nuptial agreement) G The Absolute Separation of Property 12) 147/25/2017 15s([) ACP v CPG iH ACP @D Co-ownership All property at time of marriage and acquired during marriage. BPG & 0 Partnership 1D The proceeds, products, fruits and income from their separate propertiesand those acquired by either or both spouses through their efforts or by chance, i) ACP v CPG © EXCLUDED FROM ACP 2.» Property acquired during the marriage by gratuitous tite by either spouse, and the fruits as well as the income thereof. 8 EXCLUDED FROM CPG | __m Brought to the marriage as his or her own, o '§ Acquired during the marriage by gratuitous ttle, o 155(Gi] ACP v CPG @ EXCLUDED FROM ACP ® = Property for personal and exclusive use of either spouse, except jewelry. © EXCLUDED FROM CPG Wm Acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses. - FOLLOW THE MONEY. 156(@3) ACP v CPG { EXCLUDED FROM ACP + Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property ® EXCLUDED FROM CPG m Purchased with exclusive money of the wife or of the husband. 157{G@) Exception to the Formation of ACP or CPG Art, 103/130, Family Code Upon the termination of the marriage by death, the community property shall be iquidated in the same proceeding for the settlement of the estate of the deceased. xx Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage. 150] 1s9(fa] NOTE! ** ACP only for marriages contracted after August 3, 1988. ** AC consists of ALL the property owned by the spouses at the time of the celebration of the marriage and acquired thereafter. ‘Thus, both present and future property. 160(lal] FC ~ Article 92: EXCLUDED from ACP 5) Property acquired during the marriage by gratuitous title by either spouse, and the 15712572017 fruits as well as the income thereof, if any, 1 unless itis expressly provided by the donor, testator or grantor that they shall form part of the community property; 16:(@) FC — Article 92: EXCLUDED from ACP Gi (2) Property for personal and exclusive use of either spouse. © However, jewelry shall form part of the community property; 162(G3) FC ~ Article 9: EXCLUDED from ACP 1 G) Property acquired before the marriage by elther spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. 163 (3) FC — Article 93 1 Property acquired during the marriage Is presumed to belong to the community, unless itis proved that itis one of those excluded therefrom 164(j] Note re Charges on the ACP: FC 94 1D Support of illegitimate children ~ the community property is only subsidiarity liable (FC 197 and 94(9)).. 1D Re common children ~ may be LC or IC. 165(@) Note re Charges on the ACP: FC 94 1 Par. 2- purpose of obligation incurred is all that is required. There is consent. 1G Par. 3 - actual benefit from the obligation incurred is criterion. There is no consent. a 165{i) Note re Charges on the ACP: FC 94 All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family; **NOTE that the obligation arises ONLY when the separate property is USED by the family. 167{izl] Note re Charges on the ACP: FC 94 1 (9) Ante-nuptial debts of either spouse other than those falling under paragraph (7) of this Article, '™ the support of illegitimate children of either spouse, and 1 ‘liablities incurred by either spouse by reason of a crime or a quasi-delict, in case of absence or insufficiency of the exclusive property of the debtor-spouse, the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the community... 166{Gj] Note re Charges on the ACP: FC 94 ‘** NOT a pre-requisite that other obligations have first been covered. °** Note that personal debts incurred during the marriage, which did not benefit the family, are excluded from this paragraph. 160(G] Note re Charges on the ACP: FC 94 =* Legitimate ascendants, B/S, ICs - separate property of spouse obliged to give support. BUT, when no separate property or same is insufficient, AC shall advance support, which shall be deductible from share of spouse obliged to give support upon liquidation of AC (Art. 94 and 197.) 167/25/2017 mB) 171(f] FC ~ Article 106 1D Under the regime of conjugal partnership of gains, the husband and wife place in a ‘common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements. 172(Gi] FC — Article 117 The following are conjugal partnership properties: ' (1) Acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses; °°* Exception — if acquisition was by pacto de retro, and right of redemption belonged to one of the spouses. 173 (Gi) FC — Article 117 1D The following are conjugal partnership properties: © (2) Obtained from the labor, industry, work or profession of either or both of the spouses; '@ (3) The fruits due or received during the marriage from the common property and the net fruits from the exclusive property of each spouse; °©* If fruits of separate property ~ must be DUE during the marriage. va[) FC Article 117 1 The following are conjugal partnership properties: '§ (4) Share of either spouse in the hidden treasure; '§ (5) Acquired through occupation such as fishing or hunting; '™ (6) Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by elther spouse; and © (7) Acquired by chance x0 losses shall be borne exclusively by the loser-spouse. 175(ia]) FC— Article 118 1 Property bought on installments paid partly from exclusive funds of either or both ‘spouses and partly from conjugal funds belongs to the buyer or buyers if full ownership was vested before the marriage and to the conjugal partnership if such ownership was vested during the marriage. In either case, any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation of the partnership. ***1f ownership vested during marriage (installments) 176(Gi] FC — Article 119 |G Whenever an amount or credit payable within a period of time belongs to one of the spouses, the sums which may be collected during the marriage in partial payments or by installments on the principal shall be the exclusive property of the spouse. However, interests faling due during the marriage on the principal shall belong to the conjugal Partnership. +» As to interests that fall due during the marriage. 177{ia] FC — Article 120 1 The ownership of improvements, whether for utility or adomment, made on the separate property of the spouses at the expense of the partnership or through the acts or efforts of either or both spouses shall pertain to the conjugal partnership, or to the original owner-spouse, subject to the following rules: 71/25/2017 17 [Gi FC — Article 120 1D When the cost of the improvement made by the conjugal partnership and any resulting increase in value are more than the value of the property at the time of the improvement, the entire property of one of the spouses shall belong to the conjugal partnership, subject to reimbursement of the value of the property of the owner- ‘spouse at the time of the improvement; 179(G5] FC ~ Article 120 1 otherwise, said property shall be retained in ownership by the owner-spouse, likewise subject to reimbursement of the cost of the improvement. 180(Gi) FC ~ Article 120 i Ineither case, the ownership of the entire property shall be vested upon the reimbursement, which shall be made at the time of the liquidation of the conjugal partnership. o *** If the cost and plus-value of improvements are more than value of separate property. o 16: (Gi) Charges on the CPG — Articles 121, 122 1 ** this enumeration is parallel to that in FC 94 on ACP. Note, therefore, the EXCEPTIONS: 162 (G] Charges on the CPG — Article 121 1 (G) All taxes and expenses for mere preservation made during the marriage upon the separate property of either spouse; [cf Art. 94 (5)] 1 *No requirement that the separate property should have been used by the family, unlike in FC 94(5).. 1D Reason for the difference? ~ the CPG Is the usufructuary of the separate property. 183(G] Charges on the CPG — Article 122 0 ** Here, before the CPG assets may be made liable for (a) ante-nuptial debts personal debts of wither spouse, (b) fines, (¢)indemnities, (d) support of the IC, the responsibilities enumerated in FC 121 must have been covered first. THIS IS NOT REQUIRED IN 94(9). 1D *Thus, personal debts which did NOT benefit the family can in no instance be enforceable against conjugal assets. 185(G3) FC ~ Article 109 Gi The following shall be the exclusive property of each spouse: "© (1) That which is brought to the marriage as his or her own; "That is, acquired before marriage. Property disposed of before marriage and reacquired during marriage (annulment ‘or rescission of contract) remains separate. o 185{im) FC — Article 109 1D The following shall be the exclusive property of each spouse: '§ (2) That which each acquires during the marriage by gratuitous title; 2»* succession, donation, devise, legacy, remission, free patent, proceeds from an insurance policy obtained by H or W, death benefits, unearned increment. o 1¢7(] NOTE ~ FC Article 113 1 Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the donee-spouse as his or her own exclusive 18112512017 property, and in the absence of designation, share and share alike, without prejudice to the right of accretion when proper. 19(G| NOTE~ FC Article 114 If the donations are onerous, the amount of the charges shall be borne by the ‘exclusive property of the donee spouse, whenever they have been advanced by the conjugal partnership of gains. * Strictly speaking, in FC 114, donation referred to is not onerous, i.e., a donation with a burden equivalent to the thing donated. It refers to a donation which is subject to some obligations or charges upon the donee. 189(Gj) NOTE- FC Article 115 Ci Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case. ** If onerous, thatis, part of compensation for work. * Benefits, pensions, gratuities ~ if acquired during the marriage by gratuitous ttle, exclusive; if by contribution to a pension fund or deductions from salary, CPG. 1s0{Gi] FC Article 109 1D The following shall be the exclusive property of each spouse: ‘= (3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; o 1913] FC Article 109 1D The following shall be the exclusive property of each spouse: ‘= (@) That which is purchased with exclusive money of the wife or of the husband. ** controlling factor is the source of money. o (Gj FC~ Article 110 1D The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties. Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located. 122 o 193(E] FC — Article 111 1 Either spouse may mortgage, encumber, alienate or otherwise dispose of his or her ‘exclusive property. o 1s9(E) FC Article 112 1D The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be tumed aver to the owner-spouse. a 195(@] 196|E2] NOTE re FC 96 and 124 °** In general, spouses have equal rights in ACP/CPG - in ownership, administration, enjoyment and disposition. a isposition and Encumbrance 1 Disposition and encumbrance ~ requires: wi) 19712512017 = Express consent (in writing) of the both spouses, or = Court approval ofthe disposition or encumbrance 10(G) NOTE re FC 96 and 124 1D *Incapacitated or Unable to Participate -the concerned spouse is = @) absent, (b) separated in fact, 1 (has abandoned the other, 1 (@) his/her consent is withheld or it cannot be obtained, or '§ (@) NCC 38 and 39, FC 142, when guardianship may need to be obtained however. '™ Incapacity does not refer to a comatose spouse. o 199 [lz] NOTE when court order required: 1, FC 124/96 — if there is incapacity or inability and need for a particular transaction 2. FC 127(3)/100(3) with FC 239 - when there is separation in fact and there is need for administration of separate property. 3. FC 128 (1)/ 101 (1) with FC 239 - abandonment or failure to comply with obligations 2<0[fzl] NOTE when court order required: 4. FC 61 — legal separation, upon filing of petition, 5. Partition agreement during the marriage needs judicial approval. 6. After death of one spouse, any sale of CPG/AC to pay outstanding obligations must be ‘made in testate or intestate proceedings. Creditor cannot file ordinary action to recover money. a 201 GH) NOTE: administration of exclusive properties by other spouse: 1. Court transfer ~ 142 1 2, Separation in fact with court approval - 100/127 a 202] 203[iz]] NOTE: when ACP/CPG are separated 11. Marriage settlement - 7 1.2. Mandatory ~ 103/130 13. Legal Separation - 63 104, Annulment of Marriage ~ 50, 43 5. Termination of a Subsequent Marriage - 43 6. Nulity of the subsequent Marriage under Article 40 — 50. 43 20 (G3) Note — FC Articles 103/130 1D Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements (liquidation of ACP/CPG after death of a spouse), a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage. 205(Gi) FC- Articles 143-146 - **Under this regi 1D 1. Each spouse has full title and beneficial interest over own separate property. 1 2. IF future property covered, all ncome from work or industry, as well as from separate property, belong to spouse earning the same. 1D 3. Family expenses shall be borne by both spouses in proportion to their income. 206 [Gi] FC- Articles 143-146 - **Under this regime: D4. If no separate cash or where income is insufficient, in proportion to the current market value of their separate properties. 207/25(2017 D5. Liability to creditors for family expenses ~ solidary. o 207{fi]] NOTE - NCC Article 1490 1D The husband and wife cannot sell property to each other, except: (2)When a separation of property was agreed upon in the marriage settlements; or (2)When there has been a judicial separation of property under article 191. 200 Ga] FC — Articles 134-142 1 ** Itis now a matter of absolute right on part of spouses to obtain a judicial separation of property. 1D But you can only petition ONCE for ths. 1 ** Note: 134-142 apply to both ACP and CPG 20) 210(E3] Special Co-ownership v Limited Co-ownership {8 147 ~ applicable to: ® D Absence of formal requisites 1 Mistake in Identity Article 36 Article 53 © 148 — applicable to: © G Below - 18 years old 1 Prior marriage 1 Incestuous Ol Public Policy 211[E3] Special Co-ownership v Limited Co-ownership 147 8.11 Man and woman have capacity to marry each other. Ci They cohabit. i Cohabitation is exclusive. No marriage or marriage is void. 3 148 9 Couple has no capacity to marry each other 1 Cohabitation is not exclusive. 212(E] Special Co-ownership v Limited Co-ownership 147 — covers: © D1, Wages and salaries — owned in equal shares 1D 2. Property acquired through work or industry of both or either (if in the latter, the ther shared in family’s care/maintenance) 148 - covers: 1D Partner claiming co-ownership must prove actual contribution of money or industry. EXCLUDED: = wages/salaries 1 the acquisition where one of the parties only participated in care and maintenance. 213(G5) Special Co-ownership v Limited Co-ownership 3147 & Ca. Neither party can dispose or encumber by an act inter vivos his/her share in the co- ‘ownership property, without the consent of the other, during period of cohabitation. 21712512017 1b. If marriage is VOID — party in BF forfeits share in favor of common children, or surviving descendant, or innocent party. 148 5 D1 Ifone of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. 1D If the party who acted in bad faith is not validly married to another — ff 147 rule. au) 215{@) Intendment of law and presumptior 1 1. Solidarity of the family © 2. Validity of marriage 1D 3. Indissolubility of the marriage bonds 1D 4, Legitimacy of the children D5. Community of property during the marriage 16. Authority of parents over their children 0 7, Validity of defense for any member of the family in case of unlawful aggression C8. Presumption of marriage when a man and a woman live together o FC~ Article 151 11 No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed. If itis shown that no such efforts were in fact made, the case must be dismissed. o 217(G) FC Article 150 1 Family relations include those: 1D (2) Between husband and wife; 1 (2) Between parents and children; 1 (3) Among other ascendants and descendants; and 1 (4) Among brothers and sisters, whether of the full or half-blood neff 2:9(@3] NOTE— RULES: 1D The land on which the family home is situated must belong to the person constituting it as a family home. If spouses, land must form part of ACP/CPG or exclusive property of the spouse with latter’s consent. o 220(i) NOTE - RULES: Its the dwelling house where husband and wife and family reside. It is intended to be Permanent, hence, cannot be a rented house. o o 221 (3) NOTE - RULES: 1 Family home deemed constituted once it is occupied as a family residence and while any of its beneficiaries actually reside there. o o 222(Ga] FC — Article 154 O The beneficiaries of a family home are: ‘@ (1) The husband and wife, or an unmarried person who is the head of a family; and '™ (2) Their parents, ascendants, descendants, brothers and sisters, whether the 2212512017 relationship be legitimate or illegitimate, who are living in the family home and who depend upon the head of the family for legal support. 223([zj] NOTE - Rules for Dissotution 11, When none of the beneficiaries actually resides there (153) 2. When court causes the sale thereof upon application of a judgment creditor (160) {OTE — Rules for Dissolution 3. Upon conveyance thereof by owner with written consent of person constituting the family home, the latter’s spouse and a majority of the beneficiaries of legal age. Court shall decide if conflict. (158) 4, 10 years after death of one or both spouses or of unmarried head of family; heirs ‘cannot partition property unless court finds compelling reason, (159) o 225(Gi] Kinds of Filiation: 1. Legitimate 2, Legitimate proper © b, Legitimated mc. Adopted 12, Mlegitimate 2. Of parents not disqualified to marry each other = b. OF parents disqualified to marry each other 2») 225{G@] FC — Article 164 Legitimate Children B 1 Conceived OR bom during a valid marriage. 225(E] FC — Article 164: Artificial Insemination 1 Children conceived as a result of artificial Insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. The instrument shall be recorded in the civil registry together with the birth certificate of the child, 230(Gzj] NOTE — Also LEGITIMATE: 1. After FC 36 dissolution of marriage — conceived or born before declaration of nullity (FC 54) 2. FC 53/52 — conceived or born before declaration of nullity due to failure of partition or delivery of presumptive legitimes (FC 54) 3. After termination of 2% marriage (in good faith) under FC 41 (FC 43(1)) zz1([) NOTE - Also LEGITIMATE: 4. Child born within 180 days of a 2"! marriage, but before 300 days after the termination of a 1% marriage (prima facie LC of 1* marriage, Rule 131, Sec. 3dd]) 5. Child born after 180 days from celebration of 24 marriage, even if within 300 days after the termination of the 1" marriage (prima facie LC of 2" marriage, Rulle 131, Sec. ddl], FC 168) 232{@) NOTE — Also LEGITIMATE: 6. Child born to a mother convicted of adultery (FC 167) 23712512017 7. Children conceived or born before voidable marriage annulled 2s) 234(G@) FC ~ Article 166 1D (1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of: 1 [does not apply to conceptions by artificial insemination] FC— Article 166 @) the physical incapacity of the husband to have sexual intercourse with his wife; 1 (b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or 1D © serious illness of the husband, which absolutely prevented sexual intercourse; o 236 [Gi] FC — Article 166 O (2) That It is proved that for biological or other scientific reasons, the child could not have been that of the husband, except in the instance provided in the second paragraph of Article 164; or | [no physical impossibility of access and no AI] 237(G) FC - Article 166 © (3) That in case of children conceived through artificial insemination, the written authorization or ratification of elther parent was obtained through mistake, fraud, violence, intimidation, or undue influence. '& [no physical impossibility of access] 20 (Gi| FC — Articles 170 and 171 Action to Tmpugn Legitimacy 1 year ~ if husband/heirs resides in city/municipality where birth occurred or was registered. Q 2 years - if husband/heirs reside in another place but in RP. O 3 years - if husband/heirs reside abroad. Qa 239(Kal) FC — Articles 170 and 171 Action to Impugn Legitimacy Ci Impugning may be done only by the husband, EXCEPT in cases falling under FC 171, in which case, his heirs may impugn. 20({i] FC - Articles 170 and 171 Action to Impugn Legitimacy (1) If the husband should died before the expiration of the period fixed for bringing his action; (2) If he should die after the filing of the complaint without having desisted therefrom; or (3) Ifthe child was born after the death of the husband, 2a 22 (G) FC Article 178 1 Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation. 243 i) Section 1. Article 177 of Executive Order No. 209, otherwise known as the “Family Code of the Philippines”, as amended by Republic Act No. 9858: "Art. 177. Children conceived and born outside of wedlock of parents who, at the time ‘of conception of the former, were not disqualified by any impediment to marry each ‘ther, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated." 241 ([B) FC — Article 1807125/2017 1D The effects of legitimation shall retroact to the time of the child's birth. 245 (G5) FC ~ Article 181 1 The legitimation of children who died before the celebration of the marriage shall benefit their descendants. 246[ial) FC — Article 182 1D Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues. {a 260 fal) 22(Gi Sec. 7 (a), RA 8552 Cl Husband and wife shail jointly adopt, except in the following cases: ¥ If one spouse seeks to adopt the legitimate son/daughter of the other; or ¥ if one spouse seeks to adopt his/her own illegitimate son/daughter, provided ‘that the other spouse had signified his/her consent; or » If the spouses are legally separated from each other 20{Ga) Sec. 7 (a), RA 8552 in case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter of the other, joint parental authority shall be exercised by the spouses o 251 (Gi) Sec. 7 (b), RA 8552 1 Analien may adopt = same qualifications as for Filipino nationals: '= his/her country has diplomatic relations with the Philippines; 1 he/she has been living in the Philippines for at east three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered; 252(G@) Sec. 7 (b), RA 8552 1D Analien may adopt 1 that he/she has been certified by his/her diplomatic or consular office that he/she has the legal capacity to adopt in his/her country; and '™ hisfher government allows the adoptee to enter his/her country as his/her adopted son/daughter. 253(G) Sec. 7 (b), RA 8552 1 Exceptions for foreign adopters: ‘a. A former Filipino citizen who seeks to adopt a relative by consanguinity; b. One who seeks to adopt the legitimate child of his or her Filipino spouse; or ‘c. One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a relative by consanguinity of the latter. 254(G@] RA 8043 1D Inter-country adoption refers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the supervised trial custody is undertaken, and the decree of adoption is issued outside the Philippines. 255(G] Sec. 9, RA 8043 1D Analien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child if he/she: 1 at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted, at the time of application ' unless the adopter is the parent by nature of the child to be adopted or the spouse of such parent: '™ (0) if married, his/her spouse must jointly file for the adoption; 25712512017 2s6(ia) 257{l@) Sec.9, RA 8552 1D The written consent of the following to the adoption is hereby required: © (2) The adoptee, if ten (10) years of age or over; © (b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child; 250(G3) Sec.9, RA 8552 1D The written consent of the following to the adoption is hereby required: © (© The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any; = (@) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said adopter and the latter's spouse, if any; and © (@) The spouse, if any, of the person adopting or to be adopted. 20(55) 2<0(Ei] Sec.8, RA 8552 1 (@) Any person below eighteen (18) years of age who has been administratively or Judicially declared available for adoption; 1 (b) The legitimate son/daughter of one spouse by the other spouse; 5 © Anillegitimate son/daughter by a qualified adopter to improve his/her status to that Of legitimacy; (Gi Seca, RA 8552 1 @)A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her own child since minority; 11 (e) A child whose adoption has been previously rescinded; or 1 (A) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parent(s). 262 i) RA 8043 — Inter-Country 1 Legally-available child, who is a person below fifteen (15) years of age unless sooner ‘emancipated by law. 2=3(iB) 264(G@] Sec.47, RA 8552 1 The adoptee shall be considered the legitimate son/daughter of the adopter(s) for all nts and purposes and as such is entitled to all the rights and obligations provided by law to legitimate sons/daughters bom to them without discrimination of any kind. 25 |G) Sec.16, RA 8552 1 Except in cases where the biological parent is the spouse of the adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the adopter(s). 2ss(ia] Sec.18, RA 8552 In legal and intestate succession, the adopter(s) and the adoptee shall have reciprocal rights of succession without distinction from legitimate filation. However, ifthe adoptee and his/her biological parent(s) had left a will, the law on testamentary succession shall govern, 267(fa] FC — Article 189 1 Adoption shall have the following effects: x00 © (3) The adopted shall remain an intestate heir of his parents and other blood relatives. 268 ij] NCC — Article 365 267/25/2017 1D An adopted child shall bear the surname of the adopter. o 20) 270(G) Sec.413, RA 8552 00x This provision shall also apply in case the petitioner(s) dies before the issuance of the decree of adoption to protect the interest of the adoptee, 271(G) Sec.19, RA 8552 1D Upon petition of the adoptee, xox if a minor or if over eighteen (18) years of age but is incapacitated, 10x, the adoption may be rescinded on any of the following grounds committed by the adopter(s): z72{G@) Sec.49, RA 8552 = (2) repeated physical and verbal maltreatment by the adopter(s) despite having undergone counseling; = (b) attempt on the life of the adoptee; © (©) sexual assault or violence; or ' (d) abandonment and failure to comply with parental obligations. 273 [Ei] Sec.19, RA 8552 1D Adoption, being in the best interest of the child, shall not be subject to rescission by the adopter(s). Cl However, the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code, a 274(G] Sec.20, RA 8552 Ifthe petition is granted, the parental authority of the adoptee's biological parent(s), 200 shall be restored if the adoptee is still a minor or incapacitated. x00 Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected. j FC — Article 165 - Illegitimate Children a 1 Conceived AND bor outside a valid marriage. z77{Gi]] NOTE — TLLEGITIMATE: 1. Children of subsequent marriages under FC 41, when there is bad faith (FC 44) 2. Children conceived and born out of wedlock. 3. Children of bigamous marriages 4, Children of incestuous marriages 27e{G] NOTE - ILLEGITIMATE: 5. Children of “against public policy” marriages 6. Children of FC 40 marriages 7. Children born of other void marriages 8. ALSO ILLEGITIMATE IF Art. 166 PROPONENT IS SUCCESSFUL 2» 277/25/2017 220 (iii) FC ~ Article 172 and 175 — Lifetime of Child 1 Legitimate 2D (1) The record of birth appearing in the civil register or a final judgment © (2) An admission of legitimate fiiation in a public document or a private handwritten instrument and signed by the parent concerned 8 tegitimate & (2) The record of birth appearing in the civil register or a final judgment i (2) An admission of legitimate fiiation in a public document or a private handwritten instrument and signed by the parent concerned o 201(@) FC ~ Article 172 and 175 1D Legitimate — Child's Life Di (1) The open and continuous possession of the status of a legitimate child 5 (2) Any other means allowed by the Rules of Court and special laws. © legitimate - Parent's Life 5D (1) The open and continuous possession of the status of an ilegitimate child 1D (2) Any other means allowed by the Rules of Court and special laws. 282({3] Recognition 283() 224(G] FC Article 194 1D Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and wansportaon, In keeping with the Financ capecy ofthe ily. The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work. 225 [Gl] FC — Articles 195 and 196 ¥ The spouses; ¥ Legitimate ascendants and descendants; ¥ Parents and their legitimate children and the legitimate and illegitimate children of the latter; ¥ Parents and their illegitimate children and the legitimate and ilegitimate children of the latter; ¥ Legitimate brothers and sisters, whether of full or half-blood; and Brothers and sisters not legitimately related, whether of the full or half-blood. 285|i] FC — Article 199 Dl Whenever two or more persons are obliged to give suppor, the liability shall devolve upon the following persons in the order herein provided: m= (1) The spouse; © (2) The descendants in the nearest degree; = (3) The ascendants in the nearest degree; and = (4) The brothers and sisters, } FC — Article 200 Cl When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each. xx FC — Article 200 Dl When two or more recipients at the same time claim support from one and the same person legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the order established in the preceding article shall be followed, unless the ‘concurrent obliges should be the spouse and a child subject to parental authority, in 2825/2017 Which case the child shall be preferred. 209(Ga] FC Article 204 1 The person obliged to give support shall have the option to fulfil the obligation either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. 2+0{Gz] FC — Article 206 1D When, without the knowledge of the person obliged to give support, itis given by a stranger, the latter shall have a right to claim the same from the former, unless it, appears that he gave it without intention of being reimbursed. 2=1(Gi] FC Article 207 Ci When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. This Article shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed. 3] FC ~ Article 208 11 In case of contractual support or that given by will, the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution, 1 Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties, 2a 2s:(G@) FC — Article 211 - For Legitimate Children 1D The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevall, unless there is a judicial order to the contrary. 235(G]] FC ~ Article 176 — For Illegitimate Children 1 Tilegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. 256(G] FC — Article 210 1 Parental authority and responsibilty may not be renounced or transferred except in the cases authorized by law. 27(Gi] EXCEPTIONS: © 0 Guardianship D Legal adoption 1D Final order or judgment of the court (FC 223, 224) 1 Substitute parental authority (214) Separation of the parents (FC 198, 49) Q © C Death, absence, unsuitability of parents (FC 214) 1 Entrusting disadvantaged children to children’s homes, orphanages, etc. (FC 217) Cl Surrender by parents, in writing, to charitable institutions (Act No, 3042, March 16, 1923) a 26(@) FC ~ Article 213 In case of separation of the parents, parental authority shall be exercised by the parent ‘designated by the Court. The Court shall take into account all relevant considerations, ‘especially the choice of the child over seven years of age, unless the parent chosen is unfit. 1D No child under seven years of age shall be separated from the mother, unless the 297/25/2017 court finds compelling reasons to order otherwise. o 2=5[G3)__ Some grounds justifying separation of children from mother: 0 1. Neglect 1D 2. Abandonment D3. Immorality 14, Habitual drunkenness IS. Drug addiction o o ® 016. Maltreatment D7. Insanity 18. Inability to support (Penez v C4, 225 SCRA 661) D9, Unemployment 2 10. Communicable disease a Q Q 200 (GS) FC Article 223 1 Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. 301 (3) Rights and duties of parents — not exclusive. 1 Courts can be asked to help, e.g. 1. Appointment of guardian 2. Disciplinary measures for child '§ 3. Possible commitment in an institution '§ 4. Suspending or depriving parental authority. a 222(] FC ~ Article 225 1 The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated common chiid without the necessity of a court appointment. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary. 303(G3] FC - Article 226 1D The property of the unemancipated child earned or acquired with his work or industry ‘ by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter's support and education, unless the title or transfer provides otherwise. The right of the parents over the fruits and income of the child's property shall be limited primarily to the child's support and secondarily to the collective daily needs of the family. 1 (i) Adventitious Property: 1 Ownership — child 1D Usufruct — child 1D Administration — parents o FC~ Article 227 If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner. ‘The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger, unless the ‘owner, grants the entire proceeds to the child. In any case, the proceeds thus given in 301/25/2017 whole or in part shall not be charged to the child's legitime. :06[[@]] Profectitious property: 1D Ownership ~ parents 1D Usufruct = parents, but child entitled to reasonable monthly allowance, not less than what would have been paid to a stranger, unless entire proceeds given to child, © Administration — child, granted to him by parents. o 307(Gi) FC Article 214 In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority. sos [iz] FC — Article 216 1D In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated: 1m (1) The surviving grandparent, as provided in Art. 214; 1 (2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and 1m (3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified. 1D Whenever the appointment of a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. 09{fzl] FC — Article 233 1D The person exercising substitute parental authority shall have the same authority over the person of the child as the parents. s10(Gj) FC— Article 218 1D The school, its administrators and teachers, or the individual, entity or institution ‘engaged in child are shall have special parental authority and responsibilty over the minor child while under their supervision, instruction or custody. 1 Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. 5 FC Article 219 1 Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the tunemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. 30([] FC Article 219 1D The respective liabilities of those referred to in the preceding paragraph shall not apply if itis proved that they exercised the proper diligence required under the particular circumstances. All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. 313(G) FC — Article 233 In no case shall the school administrator, teacher or individual engaged in child care ‘exercising special parental authority infict corporal punishment upon the child. 314[G] FC — Article 215 No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable in a crime against the descendant or by one parent against the other. 33) 16{G3) Irreversible termination 317/25/2017 a. Death of parents (FC 228) b.Death of child Emancipation d.Court order under FC 232 — sexual abuse. 317[E] Reversible termination a.FC 229 (1) b.FC 229 (2) FC 229 (3) ~ note RA 9523 re administrative declaration of abandonment. 21s(@]) Reversible termination d. FC 229 (4) in relation to FC 231 e.FC 229 (5) f, Revocation of adoption ~ Rep Act 8552 - by adoptee, if still minor, returns to parental authority of natural parents. 219{@3) Suspension 2.Conviction of crime involving moral turpitude with accessory penalty of civil interdiction (FC 230) b.Court order under FC 231 320 [3] 32