CIVIL LAW Review 1

Subjects
1. Persons
2. Property
3. Succession
Session 1- Sept 19, 2020

Family Code
 State Policy in Marriage
o Heterosexual, gay marriage is not allowed
o Permanent union
 How to terminate a marriage
a. Annulment
 When to file?
 Who can file?
 What are the consequences?
 The law
b. Death of one or both spouses
c. Declaration of nullity of marriage
o The spouses cannot stipulate or enter into a contract, except when?
o Marriage settlement
 When: Before marriage
 Must be executed by the parties- signed
 Must be in writing
 Must be notarized to bind 3rd persons
 The creditors shall be bound by their agreement
 EX: all the shares of stock shall belong to the husband based on
the marriage settlement, the creditor of the wife is collecting the
debt consented by the husband. But bec they didn’t file the
contract to proper offices, the husband cannot set it up as a
defense against the creditor.
 Why was the Civil Registrar be one of the offices or could be the only
office to file the marriage settlement
 Bec the couple might not have a property before marriage, the
registry of property then will not accept it
 All property held by the couple before the marriage, if theres no
marriage settlement, will be part of the ACP
 Parties can recognize illegitimate child
 WHO? Illegitimate child of both parties. Even if they didn’t marry
or eventually became void, the child shall be recognized
 Legitimated child
o At the time of conception, both spouses are capacitated.
EXN: both or one of the spouses under legal age at the
time of conception (RA 5885)
 It is an ordinary contract
o Property Regimes
 ACP
 CPG
 Marriage Settlement
o Marriage
o Kinds:
 Valid
 All essential and formal requisites were present at the time of
marriage
 Classification
o Why do you think there are 2 classifications of
requisites?
o Essential- Marriage is void
o Formal- Void
 Exception: relate
 Essential Requisites
o Legal Capacity
 Male and female
 Both must be 18 or over
 Not under Art 34, 37 and 38
 37- Incestuous marriages, brother and
sister
 38- consanguinity, within 4th degree, first
cousin, affinity (EWW)
o Stepchildren are not included in
this article
o Related by adoption- legitimate
children and adopting child
 If you adopt, a legal
fiction is created, making
adopted child legitimate
 Consent of contracting parties
 Defective= lacking
 How do you know that theres consent?
Because there is a marriage ceremony
before a solemnizing officer
 Freely given before the solemnizing
officer- voluntary, no vice in consent
FVUIM
 No consent- no ceremony or the party
marries someone who he or she has
mistaken the identity, identical twin
 Parental consent- the marriage is
voidable
 Formal requisites
o Lack thereof make marriage void, there are exceptions
o License
 Within 120 days from issue in any part of the
Philippines
 1st excluded, last day included
 Why? Bec a day is 24 hours
 Exceptions
 Muslims and ethnic minorities
 Articulo mortis-
 Marriage in a remote place
 o No means of transportation bet
residence of the contracting
parties and the office of the local
civil registrar. Unjust conditions.
Why excused? Because they
should be personally present
before the LCR.
 Cohabitation
 Throughout the 5 years the tell the
public that they are husband and wife
 Exclusive, not in a relationship with
others
 Judicial affidavit, no legal impediment to
marry at the time of the wedding
 Minial- Pedro lived for 18 years with the
woman who became his second wife,
common law spouses, pedro was
married with is first wife. After 18 years,
the wife died, when she died, they got
married.
 Solemnizing Officer
o Persons authorized to solemnize marriage
 Incumbent member of the judiciary
 Retired judge- liable for CCA
 Ministers of the church

 Ship Captain
 Consul, Consul general
 Military Chaplain
o EXN: even if the solemnizing officer has no authority, but
if the parties believe them to be
o
 Void
 Voidable
 No marriage
