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01 Memory Aid Persons and Family Relations 1 PDF
01 Memory Aid Persons and Family Relations 1 PDF
No one shall be charged with notice of the statute’s Publication not Required (I – L)
provision until publication is completed and the 15 day 1. Interpretative regulations and those internal in nature,
period has expired. regulating only the personnel of the administrative
agency.
Exception: Unless otherwise provided by the law (EO 2. Letters of Instructions issued by administrative
No. 200). superiors on rules/guidelines to be followed by
subordinates in the performance of their duties
The exception refers to the “15-day period” only and not (Tañada vs. Tuvera, ibid).
the requirement of publication. Publication is
indispensable, absence of which will not render the law Date of effectivity of Municipal Ordinances is NOT
effective (Tañada v. Tuvera G.R. No. L-63915, covered by this rule but by the Local Government Code
December 29, 1986). (Tañada vs. Tuvera, supra).
PERSONS & FAMILY RELATIONS CIVIL LAW
Note: Mistakes in the application or interpretation of
difficult or doubtful provisions of law may be the basis of W A IV E R OF R IG H T S (A R T .6)
good faith and has been given the same effect as a
mistake of fact, which may excuse one from the legal General Rule: Rights can be waived.
consequences of his conduct (Art. 526, 2155, NCC).
Requisites for a valid waiver: (CUE–CF)
1. Full capacity to make the waiver.
N O N R E T R O A C T IV IT Y OF LAWS 2. Waiver must be unequivocal
(A R T .4) 3. Right must exist at the time of the waiver
4. It must not be contrary to law, public policy, morals or
General Rule: No retroactive effect. good customs or prejudicial to a third person with a
right recognized by law.
Exceptions: (P2UT NICE) 5. When formalities are required, the same must be
1. Procedural or Remedial; complied with.
2. Penal laws favorable to the accused;
3. Unless the law otherwise provides; Exceptions: (C–PEN)
4. Tax laws when expressly declared or is clearly the 1. Waiver is contrary to law, public order, public policy,
legislative intent (Cebu Portland Cement vs. Coll. G.R. morals or good customs;
No. 18649, February 27, 1965); 2. If the waiver is prejudicial to a third party with a right
5. Laws creating new rights (Bona vs. Briones G.R. No. recognized by law.
L-10806, July 6, 1918; Bustamante et al. vs. Cayas, 3. Alleged rights which are really not yet in existence, as
G.R. Nos. L-8562-8563, December 17, 1955); in the case of future inheritance
6. Interpretative Statutes; 4. If the right is a natural right, such as right to be
7. Curative or Remedial statutes; supported.
8. Emergency Laws.
No publication required, binding on parties after the lapse Exception: Rule does NOT apply to computation of age;
of appeal period, and will bind all future cases with each year is counted based on birth anniversary.
identical facts, until reversed by SC.
Policy if the Last Day is a Sunday or a Legal Holiday
The application or interpretation placed by the Court 1. If the act to be performed within the period is
upon a law is part of the law as of the date of enactment prescribed or allowed (a) by the Rules of Court, (b) by
of said law because the Supreme Court’s interpretation an order of the court, or (c) by any other applicable
merely establishes the contemporaneous legislative statute, the last day will automatically be considered
intent that the construed law purports to carry into effect the next working day.
(People v. Licera G.R. No. L-39990, July 2, 1975). 2. If the act to be performed within the period arises from
a contractual relationship, the act will become due
HOWEVER, when a doctrine is overruled and a different despite the fact that the last day falls on a Sunday or
view is adopted, the new doctrine should be applied Holiday.
prospectively and should not prejudice parties who relied
on the old doctrine (People v. Jabinal G.R. No. L-30061,
February 27, 1974).
P R O V IS IO N O N C O N F L IC T OF
L A W (A R T S .14-17)
C U S T O M S (A R T S .11 AND 12)
1. Penal Laws and laws of public security (Article
14): Territoriality rule governs regardless of the
Customs nationality but subject to principles of international law
Rules of conduct formed by repetition of acts uniformly and to treaty stipulations.
observed as a social rule. They are legally binding and
obligatory. 2. Laws relating to family rights and duties, or to
General Rule: Customs must be proved as a fact status, condition and legal capacity of persons
according to the rules of evidence. (Article 15): Nationality rule applies regardless of their
place of residence.
Exception: A court may take judicial notice of a custom if
there is already a decision rendered by the same court Exception: Divorce validly obtained abroad by alien
recognizing the custom. spouse capacitating him or her to remarry, the Filipino
spouse shall have capacity to remarry under Philippine
Requisites to Make a Custom an Obligatory Rule: law. (Article 26 (2) Family Code)
(P2OT)
1. Plurality or repetition of acts; 3. Laws on property (real and personal)
2. Practiced by the great mass of the social group;
3. The community accepts it as a proper way of acting, Lex Rei Sitae: The law of the country where the
such that it is considered as obligatory upon all; property is situated shall govern property transactions.
4. Continued practice for a long period of time. (Article 16 (1))
How civil personality is extinguished Personality begins as soon as they have been
Civil personality is extinguished by death. The effect of constituted according to law
death upon the rights and obligations of the deceased is
determined by law, by contract and by will (Art. 42). 3. Corporations, partnerships and associations for private
interest
Presumption of survivorship
In case of doubt as to which of two or more persons Corporations are governed by the Corporation Code.
called to succeed each other died first: Their personality exist from the moment a certificate of
1. Whoever alleges the death of one prior to the other incorporation is granted to it from the Securities and
shall prove the same Exchange Commission (Sec. 19, Corporation Code)
2. In the absence of proof, the presumption is that the
parties died at the same time and there shall be no By a contract of partnership, two or more persons bind
transmission of rights from one another (Art. 43) themselves to contribute money, property or industry to
a common fund, with the intention of dividing the profits
Note: Article 43 applies when the case involves two or among themselves; or for the exercise of profession
more persons who are called to succeed each other. But (Art. 1767, NCC). Partnerships are governed by the
if the parties are not called to succeed each other, Rule contract between partners and the provisions of Art.
131, Sec. 3 (jj) of the Rules of Court applies. Both are to 1767 to 1867 of the Civil Code.
be applied only in the absence of facts. (Paras, p. 248)
C IT IZ E N S H IP AND D O M IC IL E
Rule 131 Section 3 (jj). That except for purposes of
succession, when two persons perish in the same
calamity, such as wreck, battle, or conflagration, and it is Citizenship
not shown who died first, and there are no particular It is the membership in a political community which is
circumstances from which it can be inferred, the more or less permanent in nature. Article IV of 1987
survivorship is determined from the probabilities resulting Philippine Constitution now governs the rule on
citizenship.
General Rule: It is not by itself an actionable wrong Absence (ex: expired marriage license; one of
(Hermosisima vs. CA L-14628, September 30, 1960). the parties is below 18 years old at
One cannot seek specific performance to compel the time of the marriage)
marriage. Voidable Voidable
Defect
Exceptions: To be actionable, there must be another act (ex: consent
independent of the breach of promise to marry which obtained
The absence of two witnesses of legal age is merely an c. Acting within the limits
irregularity but the party responsible for the irregularity of the written authority
shall be civilly, criminally, and administratively liable. granted; and
Automatically cancelled at the expiration of the period if This 5–year period should be the years immediately
contracting parties have not made use of it (Art. 20) before the day of the marriage and it should be a
period of cohabitation characterized by
Exceptions to the marriage license requirement EXCLUSIVITY – meaning no legal impediment was
(MARCO): present at any time within the 5 years and
1. Among Muslims or members of ethnic cultural CONTINUITY – that is unbroken (Republic v. Dayot,
communities solemnized in accordance with their G.R. No. 175581, March 8, 2008).
customs, rites and practices (Art. 33)
5. Solemnized outside the Phil. where no marriage
Exception only applies to Muslims and members of the license is required by the country where they were
ethnic groups of the Cordillera Autonomous Region solemnized (Art. 26 par. 1)
because they have a separate law—Code of Muslim
Personal Laws of the Philippines and Organic Act of Solemnizing of a marriage involving a foreign
the Cordillera Autonomous Region (RA 6766). Other contracting party in the Philippines (Art. 21)
ethnic groups are still governed by the Family Code When either or both parties are foreign citizens, they
(Sta. Maria, M., Persons and Family Relations, 2010, must first submit a CERTIFICATE OF LEGAL CAPACITY
p. 187). TO MARRY issued by their diplomatic/consular officials
before marriage license can be obtained.
2. In articulo mortis (Art. 27)
Marriage remains valid even if spouse at the point of Ratio: A certificate of legal capacity is necessary
death subsequently survives (Art. 27) because the Philippines, insofar as marriage is
3. In remote place concerned, adheres to the national law of the contracting
Residence of either party is so located that there is no parties with respect to their legal capacity to contract
means of transportation to enable them to personally marriage. Without this certification of legal capacity, the
appear before the local civil registrar (Art. 28) local civil registrar will not issue the marriage license
4. Marriage of people who have previously cohabited for (Sta. Maria, M., Persons and Family Relations, 2010, p.
at least 5 years /ratification by cohabitation (Art. 34) 151).
The Filipino spouse should likewise be allowed to KINDS OF VOID MARRIAGES (LAPIS):
remarry as if he or she was a foreigner at the time of I. Those contrary to law or public policy
the solemnization of the marriage. To rule otherwise II. Due to absence of essential or formal requisites
would sanction absurdity and injustice (Republic v. III. Due to psychological incapacity
Orbecido III G.R. No. 154380 October 5, 2005). IV. Incestuous marriages
V. Void subsequent marriages
Party pleading it must prove divorce as a fact and
demonstrate its conformity to the foreign law allowing Note: As a general rule, good faith and bad faith are
it, which must be proved as courts cannot take judicial immaterial in determining whether or not a marriage is
notice of foreign laws. If a valid divorce decree has null and void. Nonetheless, the party who knew that he or
been obtained abroad, there is no more need to file an she was entering a void marriage before its
action to nullify the marriage. The plaintiff has no more solemnization may be held liable for damages by the
personality to sue since the marriage bond has already other contracting party under Art,19, 20 and 21 of the
Civil Code.
Interestingly, in Lucio Morigo v. People, (GR No. 145226, General rule: A marriage contracted by any person
Feb. 6, 2004), the SC ruled that a judicial declaration of during the subsistence of a previous valid marriage
nullity is NOT NEEDED where NO MARRIAGE shall be null and void (Gomez v. Lipana, GR. No. L–
CEREMONY at all was performed by a duly authorized 23214, June 30, 1970).
solemnizing officer, as where the parties merely signed a
marriage contract on their own without the presence of Elements of bigamy (Art. 349, RPC):
the solemnizing officer. a. The offender has been legally married.
b. The marriage has not been legally dissolved or in
The requirement for a declaration of absolute nullity of a case his or her spouse is absent, the absent spouse
marriage is also for the protection of the spouse who, could not yet be presumed dead according to the
believing that his or her marriage is illegal and void, Civil Code.
marries again. With the judicial declaration of the nullity c. The offender contracts a second or subsequent
of his or her marriage, the person who marries again marriage.
cannot be charged with bigamy. A judicial declaration of d. The second or subsequent marriage has all the
nullity is required before a valid subsequent marriage can essential requisites for validity.
be contracted; or else, what transpires is a bigamous .
marriage, reprehensible and immoral. (Teves vs. People, Exception: Before the celebration of the subsequent
G.R. No. 188775, August 24, 2011). marriage, a declaration of presumptive death is
obtained after complying with the following
For purposes other than remarriage, such as but not requirements: (JAB)
limited to determination of heirship, legitimacy or i. Judicial declaration of presumptive death; present
illegitimacy of a child, settlement of estate, dissolution of spouse must file a summary proceeding for the
property regime or criminal case, other evidence is declaration of the presumptive death of the
acceptable to show the nullity of the marriage and the absentee without prejudice to the latter’s
court may pass upon the validity of marriage so long as it reappearance.
is essential to the determination of the case (Niñal vs. ii. Absence of the other spouse must have been for
Bayadog, G.R. No. 133778, March 14, 2000). 4 consecutive years, or 2 years where there was
danger of death under circumstances laid down in
Collateral attack of marriage is allowed. Art. 391 of the NCC;
iii. Well-founded belief of the present spouse who
In a case for concubinage, the accused need not present wishes to marry that absent spouse is already
a final judgment declaring his marriage void, for he can dead; and
adduce evidence in the criminal case of the nullity of his
marriage other than proof of a final judgment declaring There is no well-founded belief that the absent
his marriage void (Beltran vs. People, G.R. No. 137567, spouse is already dead when the present party
June 20, 2000). fails to conduct a diligent search for the missing
party (Republic v. Nolasco, G.R. No. 94053,
I. VOID MARRIAGES DUE TO ABSENCE OF ANY OF March 17, 1993).
THE ESSENTIAL OR FORMAL REQUISITES: (BB–
LAPIS) Note: This is intended to protect the present
1. Contracted by any party below 18 years of age even spouse from criminal prosecution for bigamy
with parental consent under Art 349 of the Revised Penal Code.
2. Bigamous or polygamous marriages except Art 41 However, if the bigamous marriage was
3. Solemnized WITHOUT a license except as otherwise committed abroad, the guilty party cannot be
provided criminally prosecuted for bigamy in the Philippines
4. Solemnized by any person NOT LEGALLY authorized as our penal statutes are territorial in nature.
to perform marriages UNLESS one or both of the
parties believed in good faith that the solemnizing Exception to the exception: If both spouses of the
officer had the legal authority to do so subsequent marriage acted in bad faith, said
In petitions for the declaration of nullity of marriage, the Relationship by consanguinity is in itself not capable of
burden of proof to show the nullity of marriage lies with dissolution. Hence, the mere fact that a common
the plaintiff. Unless the evidence presented clearly ascendant, a grandfather for example, died does not
reveals a situation where the parties, or one of them, sever the blood relationship of first cousins.
could not have validly entered into a marriage by reason
of a grave and serious psychological illness existing at Two views on termination of marriage on the “affinity
the time it was celebrated, we are compelled to uphold prohibition”
the indissolubility of the marital tie (Republic v. Galang, a. Relationship by affinity terminates with the termination
G.R. No. 168335, June 6, 2011). of the marriage whether there are children or not in the
marriage.
III. INCESTUOUS MARRIAGES, WHETHER THE b. Relationship by affinity is dissolved if one of the
RELATIONSHIP IS LEGITIMATE OR ILLEGITIMATE, spouses dies and the spouses have no living issues or
BETWEEN (Art. 37): children; it does not cease if there are living issues or
1. Ascendants & Descendants of any degree; children of the marriage ‘in whose veins the blood of
2. Brothers & Sisters whether full or half blood the parties are commingled, since the relationship of
affinity was continued through the medium of the issue
IV. THOSE CONTRARY TO PUBLIC POLICY of marriage (Sta. Maria, M., Persons and Family
CONTRACTED BETWEEN (Art. 38): (CS-PASS-AKA) Relations, 2010, p. 251-253).
1. Collateral blood relatives whether legitimate or
illegitimate up to the 4th civil degree
Visitation rights flow from the natural right of both parents 3. Registration of the entry of judgment granting petition
to each other’s company. There being no such parent– for declaration of absolute nullity or annulment in the
child relationship between them, Gerardo has no Civil Registry where the marriage was celebrated and
demandable right to visit the child of Mario with Theresa in the Civil Registry of the place where the FC was
(Concepcion vs. CA GR. No. 12345, August 31, 2005). located.
4. Registration of approved partition and distribution of
Decision on the nullification of the marriage properties of the spouses in the proper Registry of
No judgment shall be based upon stipulation of facts or Deeds where the real properties are located.
confession of judgment (Art. 48 par. 2).
Note: The rule applies to Legal Separation.
Stipulation of facts
An admission by both parties made in court agreeing to Effects of nullity
the existence of the act constituting the ground for 1. Either of the former spouses may marry again after
annulment or for the declaration of nullity. complying with the requirements of Art. 52 (Art. 53).
2. On Children (Art. 54)
Confession of judgment a. Those conceived or born before the judgment or
The admission made in court by the respondent annulment or absolute nullity of the marriage under
admitting fault as invoked by the plaintiff to sever the Art. 36 has become final and executory, shall be
marriage ties (Sta. Maria, M., Persons and Family considered legitimate.
Relations, 2010, p. 319). b. Those conceived or born of the subsequent
marriage under Art. 53 shall likewise be legitimate.
If the defendant spouse fails to answer the complaint, the
court CANNOT declare him or her in default; instead, it In both instances under Articles 40 and 45, the marriages
should order the public prosecutor to determine if are governed either by absolute community of property or
collusion exists between the parties (Section 6, Rule 18 conjugal partnership of gains unless the parties agree to
of the Revised Rules of Court; Sec. 13 (b); Supreme a complete separation of property in a marriage
Court En Banc Resolution A.M. 02-11-10-SC). settlement entered into before the marriage. Since the
property relations of the parties is governed by absolute
If aside from a stipulation of facts or a confession of community of property or conjugal partnership of gains,
judgment, sufficient evidence was presented, the court there is a need to liquidate, partition and distribute the
may render a judgment annulling the marriage (Ocampo properties (Dino v. Dino, G.R. No. 178044, January 19,
v. Florenciano, GR. No. L–13553, February 23, 1960). 2011).
9. Causing mental or emotional anguish, public ridicule or There is consent when either of the spouses agreed to
humiliation to the woman or her child, including, but not or did not object, despite full knowledge, to the act
limited to, repeated verbal and emotional abuse, and giving rise to a ground for legal separation, before such
denial of financial support or custody of minor children act was in fact committed (Sta. Maria, M., Persons
of access to the woman's child/children (Sec. 5, RA and Family Relations, 2010, p. 363).
9262).
3. Connivance between parties of commission of
In cases of legal separation, where violence as offense or act constituting ground
specified in RA 9262 is alleged, Article 58 of the Family
Code on the 6 months cooling-off period shall NOT Connivance or procurement
apply. The court shall proceed on the main case and Denotes direction, influence, personal exertion, or
other incidents of the case as soon as possible. The other action with knowledge and belief that such action
hearing on any application for a protection order filed would produce certain results and which results are
by the petitioner must be conducted within the produced (Cohen, Divorce and Alimony in North
mandatory period specified (Sec. 19, RA 9262). Carolina, 59, IV, p. 98 as cited Sta. Maria, p. 364).
The woman victim of violence shall be entitled to the 4. Collusion between parties
custody and support of her child/children. Children
below seven (7) years old older but with mental or Collusion
physical disabilities shall automatically be given to the It is a corrupt agreement between the spouses by
mother, with right to support, unless the court finds making it appear that the marriage is defective due
compelling reasons to order otherwise. A victim who is to the existence of any of the grounds and agreeing
suffering from battered woman syndrome shall not be to represent such false or non-existent cause of
disqualified from having custody of her children. In no action before the proper court to procure divorce or
case shall custody of minor children be given to the legal separation (Sta. Maria, M., Persons and Family
perpetrator of a woman who is suffering from battered Relations, 2010, p. 317).
woman syndrome (Sec. 28, RA 9262).
5. Mutual guilt or where both parties have given ground
GROUNDS FOR DENIAL OF PETITION (Art. 56): for legal separation
(C4–MP–DR)
1. Condonation of the offense or act complained of. 6. Prescription
The cooling-off period does not mean the overruling of Effects of reconciliation of the spouses (Art. 66)
provisions as custody, alimony, and support pendente 1. The legal separation proceedings, if still pending, shall
lite. thereby be terminated at whatever stage.
2. The final decree of legal separation shall be set aside,
A writ of preliminary mandatory injunction for the return of but the separation of property and any forfeiture of
the wife’s paraphernal property can in the meantime be share of the guilty spouse already effected shall
heard and granted during the 6-month period (Somosa- subsist, unless the spouses agree to revive their
Ramos v. Vamenta, G.R. No. L-34132 July 29, 1972). former property regime.
Effects of filing petition: (Art. 61) Revival of property regime (Art. 67)
1. The spouses shall be entitled to live separately from Agreement of revival and motion for its approval shall be
each other filed in court in the same proceeding for legal separation
2. In the absence of an agreement between the parties, and shall be executed under oath and shall specify:
the court shall designate the husband, the wife, or a 1. Properties to be contributed anew to restored regime;
third person to manage the absolute community or 2. Those to be retained as separated properties of each
conjugal partnership property (Art. 61) spouse;
3. The husband shall have no more right to have sexual 3. Names of all known creditors, addresses, and amounts
intercourse with his wife. owing to each.
No legal separation may be decreed unless the Court After due hearing, court shall take measures to protect
has taken steps toward the reconciliation of the spouses interest of creditors and such order shall be recorded in
and is fully satisfied, despite such efforts, that the proper registries of properties but the same shall not
reconciliation is highly improbable. (Art. 59) prejudice creditors not listed or notified, unless debtor-
spouse has sufficient separate properties to
Note: The wife who has been granted legal separation satisfy creditor’s claim.
cannot petition to be allowed to revert to her maiden
name (Art. 372, NCC).
The grounds alleged must be proved. No judgment on the pleadings, summary judgment or
confession of judgment shall be allowed.
Summary proceeding;
judgment may be Notes:
rendered based on Stipulation of facts- an admission by both parties made in court agreeing to the existence of
affidavits, documentary the act constituting the ground for annulment or for the declaration of nullity.
evidence or oral Confession of judgment- the admission made in court by the respondent admitting fault as
testimonies at the sound invoked by the plaintiff to sever the marriage ties (Sta. Maria, M., Persons and Family
discretion of the court Relations, 2010, p. 319).
(Art. 246)
In legal separation cases, no decree shall be issued unless the Court has take steps toward
reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is
highly improbable (Art. 59).
After decree:
To the innocent spouse but no child under 7 shall be separated from the mother unless there are
When parties stipulate in their MS that local custom Note: It is argued by some law practitioners and authors
shall apply or that ACP regime shall not govern but fail that while no person below 18 can enter into a valid
to stipulate what property regime will be applied. marriage and since the MS is required to be executed
before the marriage, one below 18 may execute a MS as
4. In the absence of local custom, rules on co–ownership long as he or she is 18 or above at the time of marriage.
will apply (Art. 74).
Efficacy of marriage settlement (Art. 81)
General Rule: Must be made before the marriage, in If one of the requisites is not complied with, it may still be
writing, signed by parties valid as an ordinary donation.
Exceptions: Modifications made through judicial decree For donation of present property to be valid, the rules
during the marriage: governing ordinary donations under Title III of Book III of
1. In case of revival of former property regime between the Civil Code must be observed.
reconciling spouses after decree of legal separation has
been issued (Art. 66, 67) Please refer to Property on requisites for valid donations.
2. When abandoned spouse files petition for judicial
separation of property under Art. 128 DPN of future property
3. When a spouse files petition for judicial separation of DPN of future property is allowed by way of exception to
property for sufficient cause under Art. 135 Art. 751 of NCC (which provides that donations cannot
4. Petition for voluntary dissolution of property regime comprehend future property). It is governed by the law on
under Art. 136 testamentary succession both as to intrinsic and extrinsic
validity. However said DPN can only be revoked by the
DONATION BY REASON OF MARRIAGE donor only on the basis of Art. 86 of the FC (Art. 84 par.
Donations propter nuptias (DPN) are made by one spouse 2).
in favor of the other or by a stranger. It is without onerous
consideration, the marriage being merely the occasion or DPN of encumbered property
motive for the donation, not its causa. Being liberalities, The donation is valid because the donor is still the owner,
they remain subject to reduction for inofficiousness upon even if it is encumbered. If mortgage is foreclosed and
the donor’s death, should they infringe the legitime of a sold at a lesser price, donee is not liable for deficiency but
forced heir (Mateo vs. Lagua, No. L-26270, October 30, if sold for more, donee is entitled to excess (Art. 85).
1969).
Donations propter nuptias and ordinary donations
Requisites: (Art. 82) (COB) Donations Propter
Ordinary Donations
1. In consideration of marriage Nuptias
2. In favor of one or both of the future spouses Formalities
3. Made before celebration of marriage Governed by the rules on Governed by rules on
ordinary donations except donations (Arts. 725–773,
Rules in case of donation by the would-be spouses to that if future property is NCC)
each other: (MOAC) donated, it must conform
1. There must be a valid MS stipulating a property regime with formalities of wills
other than ACP (Art. 84). Present Property
May be donated but only No limit except that donor
Grounds for revocation (VoCALRI) Note: No waiver of rights allowed during the marriage
1. Marriage not celebrated or declared Void ab initio except in case of judicial separation of property. The
except those made in MS that do not depend on waiver must be in a public instrument and recorded in the
celebration of marriage office of the local civil registrar where the marriage
contract was recorded as well as in the proper registry of
If made by a stranger, action for revocation may be property (Art. 89 and 77). The same applies to CPG (Art.
brought under ordinary rules on prescription: if in 107).
writing, brought within 10 years and if oral, within 6
years (Albano, Ed Vincent S., Persons and Family Rule on games of chance (Art. 95)
Relations, 2006). Loss: Shall be borne by the loser-spouse and shall not be
charged to the community property
2. Marriage without parental consent Winnings: Shall form part of the community property (Art.
3. Marriage is annulled and donee is in bad faith 95)
4. Upon legal separation, the donee being the guilty
spouse Exception: If said ticket was gratuitously given by a friend
5. Complied with resolutory condition to a spouse, only upon express provision of the donor will
6. Donee commits acts of ingratitude as specified by Art. it be considered part of the community property.
765 of NCC (Art. 86).
Note: The same applies to CPG (Art. 123).
Damages for physical injuries inflicted by a third person If donation is onerous, charges shall be borne by
are exclusive property (Lilius vs. Manila Railroad Co. exclusive property of donee-spouse, whenever
G.R. No. 42551 September 4, 1935) advanced by the CPG.
Damages from illegal detention of exclusive property Retirement benefits, pensions, annuities, gratuities,
pertains to CPG if detention deprived the CP of the use usufructs, and similar benefits acquired by gratuitous
and earnings thereof (Bismorte vs. Aldecoa, G.R. No. L- title are exclusive properties; if by onerous title during
5586, December 10, 1910). marriage (i.e. contributions to pension funds or
deduction from salaries of common funds), they are CP
Note: The registration of the property in either party’s (Art. 115).
name alone is immaterial if the property was acquired
with conjugal funds (Marigsa v. Macabuntoc, G.R. No. Unearned increment (such as increase in the value of
4883, September 27, 1910). the paraphernal property) belongs to the spouse
concerned.
5. Fruits of the conjugal property during the marriage
6. Acquired through occupation such as fishing 3. Acquired by right of redemption, barter or exchange
7. Net fruits of their exclusive property with property belonging to either spouse
8. Share of either spouse in hidden treasure (Art. 117)
9. Interest falling due during the marriage on principal
amount of credit belonging to one spouse which is
In both cases, there is reimbursement upon liquidation. In For (c) and (d), benefit to family presumed
(1), owner-spouse reimburses the CP. In (2), CP shall All taxes, liens, charges and expenses including minor
reimburse the owner-spouse. repairs upon ACP or CP
Improvement of exclusive property
Reverse Accession: if the cost of the improvement
resulted in the increase in value of more than the value of
Surviving spouse shall liquidate ACP within 1 year from Must first pay out of the ACP or CP property, if
death of deceased spouse if no judicial settlement is insufficient, spouses solidarily liable with separate
instituted, failure to do so upon lapse of 1 year period properties
makes any disposition or encumbrance of ACP void
For CPG, must first reimburse spouse for separate
Mandatory regime of complete separation of property property acquired by CP due to increased value
governs subsequent marriage of surviving spouse if thereof as a result of improvements thereon
he/she fails to comply with liquidation of ACP of
previous marriage 3. Delivery to each spouse of his/her separate property
if any
4. Judicial separation of property 4. For CPG, unless owner indemnified from whatever
source, payment of loss or deterioration of movables
Note: Effect of separation in fact (ACP: Art. 102; CPG: belonging to either spouse that was used for the
Art. 127) benefit of the family
5. Division of net assets (for ACP) or net profits (CPG),
General Rule: The separation in fact between husband which are not subject to forfeiture
and wife shall not affect the regime of ACP/CPG
Use of Exclusive Properties: (PISI)
Exceptions: a. Payment of personal debts
1. The spouse who leaves the conjugal home or refuses b. Fines and indemnities
to live therein, without just cause, shall not have the c. Support of illegitimate children of the owner-spouse
right to be supported; d. In case of insufficiency of the CPG
2. When the consent of one spouse to any transaction of (Sta. Maria, M., Persons and Family Relations,
the other is required by law, judicial authorization shall 2010, p. 504)
be obtained in a summary proceeding;
6. Delivery of presumptive legitime, if any, to the
c. Serious illness of the husband which absolutely Exception: The heirs may impugn within the same period
prevented sexual intercourse in the following cases:
1 If the husband dies before the expiration of the period
Note: Must be such as to absolutely prevent him from fixed for bringing his action
engaging in sexual intercourse. Hence in Andal v. 2 If he should die after the filing of the complaint without
Macaraig (G.R. No. L-2474, May 30, 1951), the Court having desisted therefrom; or
ruled that the fact that the husband was seriously sick 3 If the child was born after the husband’s death (Art.
with tuberculosis was not sufficient to overcome the 171).
presumption of legitimacy. Impossibility of access by
husband to wife would include absence during the An assertion by the mother against the legitimacy of her
Hence: In Dela Cruz vs. Garcia (G.R. No. 177728, July 31,
Child born on or before June 28, 2012 is presumed to be 2009), a handwritten autobiography of the father was
filiated to the first husband. recognized as evidence of filiation although not
signed. The Court ruled that “where the private
Child born at any time after June 28, 2012 (even if before handwritten instrument is accompanied by other
July 26, 2012) is presumed to be filiated with the second relevant and competent evidence, it suffices that the
husband. claim of filiation therein be shown to have been made
and handwritten by the acknowledging parent as it is
Note: The legitimacy or illegitimacy of a child born after merely corroborative of such other evidence.”
three hundred days following the termination of the
The paternal affection and care must not be attributed LEGITIMATED CHILDREN
to pure charity. “Such acts must be of such a nature that
they reveal not only the conviction of paternity, but also Legitimation
the apparent desire to have and treat the child as such It is a remedy by means of which those who in fact were
in all relations in society and in life, not accidentally, but conceived and born outside of wedlock and should
continuously” (Jison vs. CA, GR. No. 8454, April 13, therefore be considered illegitimate are by legal fiction
1956). considered legitimate. It shall take place only by the
subsequent valid marriage between the biological parents.
The Board shall ensure that all possibilities for the A copy of the final decree of adoption of the child,
adoption of the child under the Family Code have been including certificate of citizenship/naturalization whenever
exhausted and that inter–country adoption is in the best applicable, shall be transmitted by the foreign adoption
interest of the child. agency to the Board within 1 month after its issuance
(Sec. 53, Implementing Rules of RA 8043)
Supervision of trial custody (Sec. 14)
Mandatory period of 6 months from the time of placement Presumption of illegal adoption: (Sec. 57,
before a decree of adoption may be issued. During this Implementing Rules of RA 8043) (CPEN)
period, the adopting parents shall submit a progress 1. Consent for adoption was acquired through or attended
report of the child’s adjustment which shall be taken into by coercion, fraud, improper material inducement
consideration in issuing the decree of adoption. 2. Procedures and safeguards provided by law for
adoption were not complied with
1. Starts upon actual physical transfer of the child to the 3. Has exposed or subjected the child to be adopted to
applicant who, as actual custodian, shall exercise danger, abuse or exploitation
substitute parental authority over the person of the child 4. No authority to effect adoption from the Board
(Sec. 44, Implementing Rules of RA 8043)
2. The adopting parent(s) shall submit to the governmental
agency or authorized and accredited agency, which
SUPPORT
shall in turn transmit a copy to the Board, a progress
report of the child’s adjustment. Support
It comprises everything indispensable for sustenance,
Disruption and termination of placement: (Sec. 47, dwelling, clothing, medical attendance, education and
Implementing Rules of RA 8043) transportation in keeping with the financial capacity of the
In the event of serious damage in the relationship family (Art. 194).
between the child and applicant; or when the continued
placement is no longer in the best interests of the child: Kinds: (LJC)
1. Legal – one required or given by law;
a. The Board through the Central Authority shall take 2. Judicial – required by the court to be given whether
necessary measures to protect the child, in particular pendente lite or in a final judgment;
cause the child to be withdrawn from the applicant 3. Conventional – given by agreement.
and arrange for his temporary care Characteristics: (MR P2INE)
b. The Central Authority shall exhaust all means to 1. Mandatory
Note: Art. 197 providing for the source from where the In case of or urgent need and special circumstances, the
support should be taken out highlights the fact that the court may order only one of them to furnish support
people enumerated in Art. 195 have a personal obligation provisionally subject to the right to claim from the others
to support each other (Sta. Maria, M., Persons and Family the share due them (Art. 200 [2nd par]).
Relations, 2010, p. 763).
When two or more recipients at the same time claim for
For support of legitimate ascendants, descendants support and the person legally obliged to give does not
(legitimate/illegitimate), brothers and sisters have sufficient means to satisfy all claims:
(legitimate/illegitimate), only separate property of person 1. The order of liability provided by law shall be followed.
obliged to give support shall be answerable. In the 2. If the concurrent obliges should be the spouse and a
absence of separate property, the CPG or ACP shall child subject to parental authority, the child shall be
advance support deductible from share of spouse obliged preferred (Art. 200 [3rd par]).
upon liquidation (Art. 197).
Obligation to give support arising from:
In case of legitimate descendants which are the common
children of the spouse or the legitimate children of either Spousal and general
Parental authority
familial ties
spouse. In which case, the ACP or CPG shall be (Title IX)
principally charged for their support as mandated by law in (Title VIII)
Art. 94(1) and Art. 121(1). This is different from personal Ends upon the Ideally lasts during the
support owing to them from the father or mother as emancipation of the child obligee’s lifetime
provided in Art. 194 and 197. Pertains to parents, Passes on to the
passing to ascendants only ascendants not only upon
Order of liability if several persons obliged to give upon its termination or default of the parents but
support: (Art. 199) (SDAB) suspension also for the latter’s inability
1. Spouse to provide sufficient support
2. Descendants in the nearest degree (Lim vs. Lim, G.R. No. 163209, Oct. 30 2009)
3. Ascendants in the nearest degree
Note: The law provides that the husband, who is obliged Parental Preference Rule
to support the wife, may fulfill the obligation either by The natural parents, who are of good moral character and
paying her a fixed pension or by maintaining her in his who can reasonably provide for the child, are ordinarily
own home at his option. However, this option given by entitled to custody as against all other persons (Sta.
law is not absolute. The law will not permit the husband to Maria, M., Persons and Family Relations, 2010, p. 789).
evade or terminate his obligation to support his wife if the
wife is driven away from the conjugal home because of his Parental authority and responsibility are inalienable and
wrongful acts. In the case at bar, the wife was forced to may not be transferred or renounced except in cases
leave the conjugal abode because of the lewd designs authorized by law. The right attached to parental authority,
and physical assault of the husband, she can therefore being purely personal, the law allows a waiver of parental
claim support from the husband for separate maintenance authority only in cases of adoption, guardianship and
even outside the conjugal home (Goitia vs. Campos- surrender to a children’s home or an orphan institution.
Rueda G.R. No. G.R. No. 11263, November 2, 1916). When a parent entrusts the custody of a minor to another,
such as a friend or godfather, even in a document, what is
As to how the obligation to support can be performed, Art. given is merely temporary custody and it does not
204 provides that the person obliged to give support shall constitute a renunciation of parental authority. Even if a
have the option to fulfill the obligation either by paying the definite renunciation is manifest, the law still disallows the
allowance fixed, or by receiving and maintaining in the same. The father and mother, being the natural guardians
family dwelling the person who has the right to receive of unemancipated children, are duty-bound and entitled to
support. The latter alternative cannot be availed of in case keep them in their custody and company (Sagala-Eslao
there is a moral or legal obstacle thereto, such as the vs. CA, G.R. No. 116773, January 16, 1997).
strained relationship between the parties (Ma. Belen B.
Mangonon vs. CA, G.R. No. 125041, June 30, 2006). The right of custody accorded to parents springs from the
exercise of parental authority. (Santos vs. CA, G.R. No.
Exemption of support from attachment or execution 113054 March 16, 1995)
The right to receive support as well as money or property