Civil Law Notes and Exercises for 2022 Bar Exams

CIVIL LAW (AND PRACTICAL
EXERCISES) THE 2022 BAR

BEATLES NOTES
DISCLAIMER:
These notes are derived from various bar review materials made by several lawprofessorslike
those from the Villasis Law Center (VLC), UST Golden Notes, etc., and selectedlawbooks from
known authors.
One of the truest tests of integrity is its blunt refusal
tobecompromised.
Chinua Achebe
CIVIL LAW (and practical exercises)
TABLE OF CONTENTS
(BASED ON THE 2022 BAR SYLLABUS, AS AMENDED BY BAR BULLETIN
NO. 2-a, SERIES OF 2022) CIVIL LAW (AND PRACTICAL EXERCISES)
PART I
I. PRELIMINARY TITLE
A. Effect and application of

laws..................................................................................................3B. Human
relations........................................................................................................................6
II. PERSONS AND FAMILY RELATIONS
A. Persons..................................................................................................................................... 111. Civil

personality...................................................................................................................112. Use of
surnames...................................................................................................................113. Entries in the
Civil Registry and Clerical Error Law (Republic Act No. 9048, as
amended).................................................................................................................................. 134.
Absence................................................................................................................................ 15
a. Civil Code provisions.......................................................................................................15b.
Presumptive death of absent spouse under the Family Code..................................... 17B.
Marriage................................................................................................................................... 181. Requisites of
marriage.........................................................................................................182. Exemption from license
requirement................................................................................ 183. Marriages solemnized abroad and
foreign divorce......................................................... 194. Void and voidable
marriages............................................................................................. 20a. Annulment under Article 36 (as
recently articulated in Tan-Andal v. Andal, G. R. No. 196359, May 11, 2021; Totality of Evidence
Rule).................................................. 20C. Legal
separation...................................................................................................................... 25D. Rights and
obligations between husband and wife............................................................ 28E. Property relations
between husband and wife.....................................................................301. General
provisions.............................................................................................................. 302. Donations by reason of
marriage.......................................................................................313. Absolute Community of
Property...................................................................................... 324. Conjugal Partnership of
Gains........................................................................................... 325. Separation of property and
administration of common property by one spouse duringthe
marriage..............................................................................................................................336. Regime of
separation of property.......................................................................................347. Property regime of
unions without marriage.................................................................... 35F. Family
home............................................................................................................................ 36
THE 2022 BAR BEATLES NOTES TABLE OF CONTENTSi

G. Paternity and filiation.............................................................................................................381.
Legitimate children..............................................................................................................382. Proof
of filiation................................................................................................................... 383. Illegitimate
children............................................................................................................ 394. Legitimated
children............................................................................................................40
H.
Adoption..................................................................................................................................411.
Domestic adoption (Republic Act No. 8552)...................................................................41a.
Who may adopt................................................................................................................41b.
Who may be adopted......................................................................................................42
c. Rights of an adopted child.............................................................................................. 42d.
Instances and effects of rescission..................................................................................422.
Inter-country adoption (Republic Act No. 8043)............................................................. 43a. When
allowed.................................................................................................................. 43b. Who may
adopt............................................................................................................... 44c. Who may be
adopted...................................................................................................... 45I.
Support...................................................................................................................................... 48J.
Parental authority..................................................................................................................... 51K.
Emancipation...........................................................................................................................56L.
Retroactivity of the Family Code........................................................................................... 57
III. SUCCESSION
A. General provisions..................................................................................................................59B.
Testamentary succession........................................................................................................591.
Wills...................................................................................................................................... 592. Institution of
heirs (including declaration of heirship as decided in Treyes v. Larlar, G. R. No. 232579, September
8, 2020)......................................................................................623. Substitution of
heirs.............................................................................................................654. Conditional testamentary
dispositions and those with a term........................................665.
Legitime................................................................................................................................ 686.
Disinheritance......................................................................................................................747. Legacies
and devises........................................................................................................... 76C. Legal and intestate
succession...............................................................................................821. General provisions;
relationship and right of representation..........................................822. Order of intestate
succession............................................................................................. 84D. Provisions common to testate
and intestate succession...................................................1001. Right of
accretion.............................................................................................................. 1002. Capacity to succeed
by will or by intestacy...................................................................1003. Acceptance and repudiation of
inheritance................................................................... 1024. Partition and distribution of the
estate............................................................................ 104
THE 2022 BAR BEATLES NOTES TABLE OF CONTENTSii

IV. OBLIGATIONS AND CONTRACTS
A. Obligations............................................................................................................................1081.
General provisions............................................................................................................ 1082.
Nature and effect...............................................................................................................1093.
Kinds................................................................................................................................... 1124.
Extinguishment.................................................................................................................. 117
B. Contracts................................................................................................................................1271.
General provisions............................................................................................................ 1272.
Essential requisites.............................................................................................................1303.
Reformation of instruments.............................................................................................. 1354.
Interpretation of contracts................................................................................................ 1365.
Rescissible contracts......................................................................................................... 1376.
Voidable contracts............................................................................................................ 1387.
Unenforceable contracts.................................................................................................. 1398. Void
or inexistent contracts..............................................................................................139
C. Natural
obligations...............................................................................................................139D.
Estoppel.................................................................................................................................140E.
Trusts.......................................................................................................................................142F
. Quasi-Contracts.....................................................................................................................144
V. SALES
A. Nature and form....................................................................................................................1461.

Essential requisites.............................................................................................................1462.
Perfection........................................................................................................................... 1463.
Contract of sale v. contract to sell................................................................................... 146
B. Capacity to buy or sell......................................................................................................... 146C.
Effects of the contract when the thing sold has been lost................................................ 147D.
Obligations of vendor..........................................................................................................148E.
Obligations of vendee...........................................................................................................149F.
Breach of contract.................................................................................................................151
1. Remedies............................................................................................................................ 1512.
Recto Law and Maceda Law............................................................................................153G.
Extinguishment..................................................................................................................... 1551. In
general............................................................................................................................1552. Pacto de
retro sale.............................................................................................................1553. Equitable
mortgage............................................................................................................156H. Assignment of
credits...........................................................................................................156
THE 2022 BAR BEATLES NOTES TABLE OF CONTENTSiii

VI. LEASE
A. General provisions............................................................................................................... 160B.

Rights and obligations of the lessor.................................................................................... 160C.
Rights and obligations of the lessee....................................................................................160
VII. PARTNERSHIP
A. General provisions............................................................................................................... 162B.

Obligations of the partners.................................................................................................. 166C.
Dissolution and winding up................................................................................................ 174D.
Limited partnership.............................................................................................................. 181
VIII. AGENCY
A. Nature, form and kinds........................................................................................................ 190B.

Obligations of the agent.......................................................................................................191C.
Obligations of the principal.................................................................................................192D.
Modes of extinguishment.................................................................................................... 193
IX. CREDIT TRANSACTIONS
A. Loan........................................................................................................................................195B.
Deposit...................................................................................................................................199C.
Guaranty and Suretyship..................................................................................................... 201D.
Quasi-Contracts....................................................................................................................206
X. TORTS AND DAMAGES
A. Torts........................................................................................................................................2101.
Elements............................................................................................................................. 2102.
Culpa aquiliana v. culpa contractual v. culpa criminal.................................................2103.
Vicarious liability.............................................................................................................. 2114. Res
ipsa loquitur................................................................................................................ 2115. Last clear
chance...............................................................................................................2126. Damnum
absque injuria................................................................................................... 212
B. Proximate cause....................................................................................................................212C.
Negligence............................................................................................................................ 2121.
Standard of care.................................................................................................................2122.
Presumptions......................................................................................................................213
THE 2022 BAR BEATLES NOTES TABLE OF CONTENTSiv

D. Damages................................................................................................................................2141.
General provisions............................................................................................................ 2142. Kinds
of damages.............................................................................................................. 2143. In case of
death..................................................................................................................217
PART II
I.PROPERTY
A. Classification of property.....................................................................................................220B.
Ownership.............................................................................................................................2211.
General provisions............................................................................................................ 2212. Rules
on accession............................................................................................................223a. Rights of
builder/planter/sower in good faith..............................................................223C.
Co-ownership........................................................................................................................225D.
Possession............................................................................................................................. 2281. Kinds
of possession........................................................................................................... 2282. Acquisition of
possession (including possession based on tolerance).........................2293. Effects of
possession..........................................................................................................230E.
Usufruct..................................................................................................................................2311. In
general............................................................................................................................2312. Rights and
obligations of the usufructuary..................................................................... 2323.
Extinguishment.................................................................................................................. 237F.
Easements...............................................................................................................................2391.
Modes of acquiring easements........................................................................................ 2392. Rights
and obligations of the owners of the dominant and servient estates............... 2403. Modes of
extinguishment................................................................................................. 2404. Legal v. voluntary
easements........................................................................................... 2415. Kinds of legal
easement....................................................................................................242a. Relating to
waters...........................................................................................................242b. Right of
way................................................................................................................... 244c. Light and
view................................................................................................................247G.
Nuisance............................................................................................................................... 249H.
Modes of acquiring ownership...........................................................................................2511.
Occupation........................................................................................................................ 2512.
Donation............................................................................................................................ 251a.
Nature..............................................................................................................................251b. Persons
who may give or receive a donation.............................................................252c. Effects and
limitations of donation...............................................................................254d. Revocation and
reduction.............................................................................................2553.
Prescription........................................................................................................................ 258a. General
provisions.........................................................................................................258b. Prescription of
ownership and other real rights......................................................... 259
THE 2022 BAR BEATLES NOTES TABLE OF CONTENTSv

c. Prescription of actions........................................................................................ 262I.
Quieting of Title ........................................................................................................ 264J. Actions
to Recover Property .......................................................................................264
1. Accion interdictal .................................................................................................. 2642.
Accion publiciana ..................................................................................................2653. Accion
reivindicatoria ............................................................................................265
II. CREDIT TRANSACTIONS
Originally included in the 2022 Bar Syllabus:
A. Antichresis
B. Pledge
C. Real Estate Mortgage
D. Chattel Mortgage
Topics included under Bar Bulletin No. 2-A, series of 2022, dated 3 March 2022:
A. Personal Property Securities (Republic Act No. 11057)

.............................................267B. Real Estate Mortgage
.................................................................................................286
III. LAND TITLES AND DEEDS
A. Torrens System; general principles............................................................................292B.

Regalian doctrine ..................................................................................................... 292C.
Original Registration.................................................................................................292
1. Ordinary registration............................................................................................. 292a. Who
may apply ..................................................................................................292b. Decree of
registration.........................................................................................293c. Review of decree
of registration; innocent purchaser for value ........................... 293
D. Certificate of title ..................................................................................................... 294E.
Subsequent registration............................................................................................. 2951.
Voluntary dealings; general provisions...................................................................2952.
Involuntary dealings.............................................................................................. 296a. Adverse
claim.....................................................................................................296b. Notice of lis
pendens..........................................................................................297F. Non-registrable
properties.........................................................................................297G. Dealings with
unregistered land...............................................................................298H. Assurance
Fund....................................................................................................... 2991. Action of
compensation from funds....................................................................... 2992. Limitation of
action............................................................................................... 299I. Cadastral System of
Registration (Act No. 2259, as amended).................................... 299
THE 2022 BAR BEATLES NOTES TABLE OF CONTENTSvi

J. Registration through Administrative Proceedings (Commonwealth Act No. 141, as
amended)....................................................................................................................................302K.
Reconstitution of Titles.........................................................................................................303
IV. PRACTICAL EXERCISES
A. Demand and authorization letters...................................................................................... 308B.

Simple contracts....................................................................................................................309C.
Complaint..............................................................................................................................315
BIBLIOGRAPHY........................................................................................................................319
THE 2022 BAR BEATLES NOTES TABLE OF CONTENTSvii
PART I
1
2
CIVIL LAW (AND PRACTICAL EXERCISES)
A. Effect and application of laws
1. When law takes effect
a. Rule - Laws shall take effect after 15 days following the completion of their publicatio neither in
the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise
provided. (Article 2, Republic Act No. 386, Civil Code, as amended by Executive Order No. 200,
series of 1987)
b. Scenarios
i. If the law does not provide for its own effectivity - It shall take effect "after 15 days following the
completion of their publication either in the Official Gazette, or in a newspaper of general
circulation in the Philippines".
ii. If the law provides for its own effectivity - It takes effect on the said date, subject to
herequirement of publication.
ii. If the law provides that it shall become effective "immediately upon approval" - There are two
conflicting views:
(1) Defective but does not render the law invalid.

(2) Becomes effective immediately upon its publication. (Rabuya, Elmer, Civil Law Reviewer,
Vol. I, 2017 edition, pp. 2-3)
2. Retroactivity of laws
a. Rule - Laws shall have no retroactive effect, unless the contrary is provided. (Article 4, Civil
Code)
b. Exceptions
i. When the law itself provides for its retroactivity unless the retroactive application of a statute will
make it an ex post facto law or will result in the impairment of obligationof contracts.
ii. When a penal law is favorable to the accused unless the convicted felon is a habitual delinquent,
in which case, it cannot be given retroactive application. iii. When the law is remedial or procedural in
nature because no vested right mayattachnor arise from procedural laws.
iv. When the law is curative in character.
THE 2022 BAR BEATLES NOTES PRELIMINARY TITLE 3

EXERCISES)
v. When the law creates new substantial rights provided it has not
prejudicedanotheracquired right of the same origin. (Rabuya, Vol. I, p. 7)
3. Mandatory or prohibitory laws
a. Rule - Acts executed against the provisions of mandatory or prohibitory laws shall bevoid,
except when the law itself authorizes their validity. (Article 5, Civil Code)
b. Exceptions
i. When the law itself authorizes the validity of the act.

ii. When the law makes the act valid, but punishes the violator.
iii. When the law makes the act voidable, that is, valid unless annulled. iv. When the law declares the
act void, but recognizes legal effects as arising fromit. (Rabuya, Vol. I, pp. 7-8)
4. Waiver of rights
a. Rule - Rights may be waived, unless the waiver is contrary to law, public order, publicpolicy,
morals, or good customs, or prejudicial to a third person with a right recognizedby law. (Article 6,
Civil Code)
b. Requisites for valid waiver
i. The person must actually have the right which he renounces;

ii. He must have the capacity to make the renunciation;
iii. The renunciation must be made in a clear and unequivocal manner; and iv. The waiver must not
be contrary to law, public order, public policy, morals, or goodcustoms, or prejudicial to a third
person with a right recognized by law. (Rabuya, Vol. I, p. 8)
5. Repeal of laws
a. Rules on repeal
i. Laws are repealed only by subsequent ones, and their violation or non-observanceshall not be
excused by disuse, or custom or practice to the contrary.
ii. When the courts declared a law to be inconsistent with the Constitution,
theformershall be void and the latter shall govern.
iii. Administrative or executive acts, orders and regulations shall be valid only whentheyare not
contrary to the laws or the Constitution. (Article 7, Civil Code)

b. Manner of repeal
i. Express repeal - It is that contained in a special provision of a subsequent law. ii. Implied repeal - It
takes place when the provisions of the subsequent lawareincompatible with those of an earlier law
and there is no express repeal. (Rabuya, Vol. I, p. 9)
c. Effect of repeal
i. Express repeal - When a law which expressly repeals a prior law is itself repealed, thelaw first
repealed shall not be thereby be revived unless expressly so provided. (Section21, Chapter 5, Book
I, Executive Order No. 292, series of 1987, Administrative Code of 1987)
ii. Implied repeal - When a law which impliedly repeals a prior law is itself repealed, thelaw first
repealed shall thereby be revived unless the repealing law provides otherwise. (Section 22, Chapter
5, Book I, Administrative Code of 1987)
6. Computation of legal periods - ”Year” shall be understood to be twelve calendarmonths; “month”

of 30 days, unless it refers to a specific calendar month in whichcaseit shall be computed according
to the number of days the specific month contains; “day,”toa day of 24 hours; and “night,” from
sunset to sunrise. (Section 31, Chapter 8, BookI, Administrative Code of 1987)
7. Conflict of laws rules
i. Laws relating to family rights and duties, or to the status, condition and legal capacityof persons
are binding upon citizens of the Philippines, even though living abroad. (Article15, Civil Code)
ii. Real property as well as personal property is subject to the law of the country whereit is stipulated.
However, intestate and testamentary successions, both with respect to the order of succession and
to the amount of successional rights and to the intrinsic validityof testamentary provisions, shall be
regulated by the national law of the personwhosesuccession is under consideration, whatever may
be the nature of the propertyandregardless of the country wherein said property may be found.
(Article 16, Civil Code)
iii. The forms and solemnities of contracts, wills, and other public instruments shall begoverned
by the laws of the country in which they are executed.
When the acts referred to are executed before the diplomatic or consular officials of theRepublic of
the Philippines in a foreign country, the solemnities established by Philippinelaws shall be
observed in their execution.

EXERCISES)
Prohibitive laws concerning persons, their acts or property, and those which have for theirobject
public order, public policy and good customs shall not be rendered ineffectivebylaws or judgments
promulgated, or by determinations or conventions agreed uponinaforeign country. (Article 17, Civil
Code)
8. Applicability of penal laws - Penal laws and those of public security and safety shall beobligatory
upon all who live or sojourn in the Philippine territory, subject to the principlesof public international
law and to treaty stipulations. (Article 14, Civil Code)
B. Human relations
1. Norm of human conduct
a. Rule - Every person must, in the exercise of his rights and in the performanceof hisduties, act
with justice, give everyone his due, and observe honesty and goodfaith. (Article 19, Civil Code)
b. Sanctions - In case the rule on human conduct under Article 19 of the Civil Codeisviolated, the
remedy is an action for damages under Articles 20 and 21 of the samelaw. (Rabuya, Vol. I, p. 23)
i. Every person who, contrary to law, willfully or negligently causes damage toanother, shall
indemnify the latter for the same. (Article 20, Civil Code)
ii. Any person who willfully causes loss or injury to another in a manner that is
contrarytomorals, good customs or public policy shall compensate the latter for the damage.
(Article21, Civil Code)
2. Breach of promise to marry
a. Rule - The existing rule is that a breach of promise to marry per se is not an actionablewrong.
(Gashem Shookat Baksh v. Court of Appeals, G. R. No. 97336, 19 February1993, 219 SCRA 115, as
cited in Rabuya, Vol. I, p. 23)
b. Exceptions
i. When there is seduction

(1) However, Article 21 of the Civil Code may be applied where the woman was avictimof moral
seduction. To constitute seduction there must in all cases be some sufficient promise or inducement
and the woman must yield because of the promise or otherinducement. Seduction connotes deceit,
enticement, superior power or abuseof confidence on the part of the seducer to which the woman
has yielded.

EXERCISES)
(2) When there is no seduction and the woman voluntarily gave herself tothemanbecause of love
and mutual passion (or mutual lust), the court denied recovery of damages. (Rabuya, Vol. I, pp.
23-24)
ii. Other cases which are not merely for breach of promise to marry
(1) In one case, the Supreme Court held that the action was not merely for breachof promise to
marry. Here, the bride and the groom went through all the weddingpreparations but two days prior to
the wedding, the groom walked out of the wedding. The Court held the groom liable for damages
under Article 21 of the Civil Code because
his act was contrary to good customs. (Wassmer v. Velez, G. R. No. L-20089, 26December
1964, 12 SCRA 648, as cited in Rabuya, Vol. I, p. 24)
(2) Where the plaintiff has actually incurred expenses for the wedding and the necessaryincidents
thereof, the plaintiff has the right to recover money or property advancedbyhimor her upon the faith
of such premise. (Buñag, Jr. v. Court of Appeals, G. R. No. 101749, 10 July 1992, 211 SCRA 440,
as cited in Rabuya, Vol. I, p. 24)
3. Accion in rem verso
a. Concept - It is an action for recovery of what has been paid or delivered without just cause or
legal ground. The purpose of the action is to prevent unjust enrichment, whichexists when a person
unjustly retains money or property of another against thefundamental principles of justice, equity
and good conscience. (Land Bankof thePhilippines v. Ong, G. R. No. 190755, 24 November 2010,
636 SCRA 266, as citedinRabuya, Vol. I, p. 24)
b. Basis - 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 orlegal
ground, shall return the same to him. (Article 22, Civil Code)
c. Requisites
i. Defendant has been enriched;

ii. Plaintiff has suffered a loss;
iii. Enrichment of the defendant is without just or legal ground; and iv. Plaintiff has no other action
based on contract, quasi-contract, crime or quasi-delict. (Rabuya, Vol. I, pp. 24-25)
4. Liability for damages committed by public officers

a. Basis - Any person suffering material or moral loss because a public servant oremployee
refuses or neglects, without just cause, to perform his official duty mayfilean

EXERCISES)
action for damages and other relief against the latter, without prejudice to any
disciplinaryadministrative action that may be taken. (Article 27, Civil Code)
b. Requisites
i. That the defendant be a public official charged with the performance of official duties; ii. That
there be a violation of an official duty in favor of an individual; iii. That there be wilfullness or
negligence in the violation of such official duty; andiv. That there be an injury to the individual.
(Rabuya, Vol. I, p. 25)
c. The refusal or omission of a public official is attributable to malice or

inexcusablenegligence. (Id.)
5. Unfair competition
a. Concept - Unfair competition in agricultural, commercial or industrial enterprises or inlabor

through the use of force, intimidation, deceit, machination or any other unjust, oppressive or
high-handed method shall give rise to a right of action by the personwhothereby suffers damages.
b. Requisites
i. It must involve an injury to a competitor or trade rival, and ii. It must involve acts which are
characterized as "contrary to good conscience," or"shocking to judicial sensibilities," or otherwise
unlawful. (Willaware Products Corporationv. Jesichris Manufacturing Corporation, G. R. No.
195549, 3 September 2014, 734SCRA238, as cited in Rabuya, Vol. I, p. 26)
6. Civil liability arising from crime
a. Basis - When the accused in a criminal prosecution is acquitted on the groundthat hisguilt has not
been proved beyond reasonable doubt, a civil action for damages for thesame act or omission may
be instituted. Such action requires only a preponderanceof evidence. Upon motion of the defendant,
the court may require the plaintiff to fileabondto answer for damages in case the complaint should be
found to be malicious.
If in a criminal case the judgment of acquittal is based upon reasonable doubt, thecourt shall so
declare. In the absence of any declaration to that effect, it may be inferredfromthe text of the decision
whether or not the acquittal is due to that ground. (Article 29, Civil Code)

b. Effect of acquittal upon the civil liability
i. If the accused is not the author of the act or omission complained of - There is nocivil liability ex
delicto.
ii. If based on reasonable doubt - The accused is not exempt from civil liability ex delictowhich may
be proved by preponderance of evidence only. (Rabuya, Vol. I, pp. 27-28)
7. Civil actions which may proceed independently of the criminal action
a. Rule on implied institution - When a criminal action is instituted, the civil actionfor therecovery of
civil liability arising from the offense charged is deemed institutedwiththecriminal action unless the
offended party:
i. Waives the civil action;

ii. Reserves the right to institute it separately; or
iii. Institutes the civil action prior to the criminal action. (Rule 111, Section 1[a], Rulesof Court, as
cited in Rabuya, Vol. I, p. 28)
b. Independent civil actions - In the cases provided for in Articles 32, 33, 34 and2176of the Civil Code
of the Philippines, the independent civil action may be brought bytheoffended party. It shall proceed
independently of the criminal action and shall requireonly a preponderance of evidence. In no case,
however, may the offended party recoverdamages twice for the same act or omission charged in the
criminal action. (Rule111, Section 3, Rules of Court)
8. Prejudicial question
Prejudicial questions, which must be decided before any criminal prosecutionmaybeinstituted or

may proceed, shall be governed by the rules of court which the SupremeCourt shall promulgate and
which shall not be in conflict with the provisions of this Code. (Article 36, Civil Code)
10

A. Persons
1. Civil personality
a. Juridical capacity - 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. (Article37, Civil Code)
b. Capacity to act
i. Concept - Capacity to act, which is the power to do acts with legal effect, is acquiredand may
be lost. (Article 37, Civil Code)
ii. Restrictions and limitations
or limit
Restrictions Circumstances which may modifycapac
to act
(1) Minority, (1) Age,

(2) Insanity or imbecility, (3) State of being (2) Insanity,
deaf-mute, (4) Prodigality and (5) Civil (3) Imbecility,
interdiction (Article 38, Civil Code) (4) State of being a deaf-mute, (5)
Penalty,
(6) Prodigality,
(7) Family relations,
(8) Alienage,
(9) Absence,
(10) Insolvency, and (11) Trusteeship
2. Use of surnames
a. Legitimate and legitimated children shall principally use the surname of thefather. (Article 364,
Civil Code)
i. The Regional Trial Court’s application of Article 364 of the Civil Code is incorrect. Indeed, the
provision states that legitimate children shall “principally” use the surnameof the father, but
“principally” does not mean “exclusively.” This gives ample roomtoincorporate into Article 364 the
State policy of ensuring the fundamental equalityof
THE 2022 BAR BEATLES NOTES PERSONS AND FAMILY RELATIONS 11

EXERCISES)
women and men before the law, and no discernible reason to ignore it. (Alanis III v. Court of Appeals,
G. R. No. 216425, 11 November 2020)
b An adopted child shall bear the surname of the adopter. (Article 365, Civil Code)
c. A natural child acknowledged by both parents shall principally use the surnameof thefather. If
recognized by only one of the parents, a natural child shall employ the surnameof the recognizing
parent. (Article 366, Civil Code)
d. Natural children by legal fiction shall principally employ the surname of thefather. (Article 367,
Civil Code)
e. Illegitimate children referred to in Article 287 shall bear the surname of the mother. (Article 368,
Civil Code)
f. Children conceived before the decree annulling a voidable marriage shall principallyuse
the surname of the father. (Article 369, Civil Code)
g. A married woman may use:
i. Her maiden first name and surname and add her husband's surname, or ii. Her
maiden first name and her husband's surname or
iii. Her husband's full name, but prefixing a word indicating that she is his wife, suchas"Mrs."
h. In case of annulment of marriage, and the wife is the guilty party, she shall resumehermaiden
name and surname. If she is the innocent spouse, she may resume her maidenname and
surname. However, she may choose to continue employing her formerhusband's surname,
unless:
i. The court decrees otherwise, or

ii. She or the former husband is married again to another person. (Article 371, Civil Code)
i. When legal separation has been granted, the wife shall continue using her
nameandsurname employed before the legal separation. (Article 372, Civil Code)
j. A widow may use the deceased husband's surname as though he were still living,
inaccordance with Article 370. (Article 373, Civil Code)
k. In case of identity of names and surnames, the younger person shall be obligedtousesuch
additional name or surname as will avoid confusion. (Article 374, Civil Code)

l. In case of identity of names and surnames between ascendants and descendants, theword
"Junior" can be used only by a son. Grandsons and other direct male descendantsshall either:
i. Add a middle name or the mother's surname, or

ii. Add the Roman Numerals II, III, and so on. (Article 375, Civil Code)
m. Usurpation of a name and surname may be the subject of an action for damages andother relief.
n. The unauthorized or unlawful use of another person's surname gives a right of actiontothe
latter. (Article 378, Civil Code)
o. The employment of pen names or stage names is permitted, provided it is done ingoodfaith and
there is no injury to third persons. Pen names and stage names cannot beusurped. (Article 379, Civil
Code)
p. Except as provided in the preceding article, no person shall use different names andsurnames.
3. Entries in the Civil Registry and Clerical Error Law (Republic Act No. 9048, as
amended)
a. Entries in the Civil Registry
i. The following shall be entered in the civil register:
(1) Births;
(2) Marriages;
(3) Deaths;
(4) Legal separations;
(5) Annulments of marriage;
(6) Judgments declaring marriages void from the beginning; (7) Legitimations;
(8) Adoptions;
(9) Acknowledgments of natural children;
(10) Naturalization;
(11) Loss, or
(12) Recovery of citizenship;
(13) Civil interdiction;
(14) Judicial determination of filiation;
(15) Voluntary emancipation of a minor; and
(16) Changes of name. (Article 408, Civil Code)

EXERCISES)
ii. In cases of legal separation, adoption, naturalization and other judicial ordersmentioned in the
preceding article, it shall be the duty of the clerk of the court whichissued the decree to ascertain
whether the same has been registered, and if this has not been done, to send a copy of said decree
to the civil registry of the city or municipalitywhere the court is functioning. (Article 409, Civil Code)
iii. The books making up the civil register and all documents relating theretoshall beconsidered
public documents and shall be prima facie evidence of the facts thereincontained. (Article 410,
Civil Code)
iv. Every civil registrar shall be civilly responsible for any unauthorized alterationmadeinany civil
register, to any person suffering damage thereby. However, the civil registrar mayexempt himself
from such liability if he proves that he has taken every reasonableprecaution to prevent the
unlawful alteration. (Article 411, Civil Code)
b. Clerical Error Law (Republic Act No. 9048, as amended by Republic Act No. 10172)
i. Authority to correct clerical or typographical error and change of first name or nickname– No entry
in a civil register shall be changed or corrected without a judicial order, except for clerical or
typographical errors and change of first name or nickname, the dayandmonth in the date of birth or
sex of a person where it is patently clear that therewasaclerical or typographical error or mistake in
the entry, which can be corrected or changedby the concerned city or municipal civil registrar or
consul general in accordance withtheprovisions of this Act and its implementing rules and
regulations. (Section 1, RepublicAct No. 9048, Clerical Error Law, as amended by Republic Act No.
10172)
ii. Grounds for change of first name or nickname
(1) The petitioner finds the first name or nickname to be ridiculous, tainted withdishonoror
extremely difficult to write or pronounce;
(2) The new first name or nickname has been habitually and continuously usedbythepetitioner
and he has been publicly known by that first name or nicknameinthecommunity; or
(3) The change will avoid confusion. (Section 4, Clerical Error Law)
iii. The civil registrar general shall, within 10 working days from receipt of the decisiongranting a
petition, exercise the power to impugn such decision by way of anobjectionbased on the following
grounds:
(1) The error is not clerical or typographical;

(2) The correction of an entry or entries in the civil register is substantial or controversial as it affects
the civil status of a person; or
(3) The basis used in changing the first name or nickname of a person does not fall
underSection 4.
The civil registrar general shall immediately notify the city or municipal civil registrar orthe consul
general of the action taken on the decision. Upon receipt of the notice thereof, the city or municipal
civil registrar or the consul general shall notify the petitioner of suchaction.
The petitioner may seek reconsideration with the civil registrar general or filetheappropriate
petition with the proper court.
If the civil registrar general fails to exercise his power to impugn the decision of thecityormunicipal
civil registrar or of the consul general within the period prescribed herein, suchdecision shall
become final and executory.
Where the petition is denied by the city or municipal civil registrar or the consul general, the
petitioner may either appeal the decision to the civil registrar general or filetheappropriate petition
with the proper court. (Section 7, Clerical Error Law)
4. Absence
a. Civil Code provisions
i. Provisional measures in case of absence
(1) When a person disappears from his domicile, his whereabouts being unknown, andwithout
leaving an agent to administer his property, the judge, at the instanceof aninterested party, a
relative, or a friend, may appoint a person to represent himinall that may be necessary.
This same rule shall be observed when under similar circumstances the power conferredby
the absentee has expired. (Article 381, Civil Code)
(2) The appointment referred to in the preceding article having been made, the judgeshall take the
necessary measures to safeguard the rights and interests of the absentee andshall specify the
powers, obligations and remuneration of his representative, regulatingthem, according to the
circumstances, by the rules concerning guardians. (Article 382, Civil
Code)
(3) In the appointment of a representative, the spouse present shall be preferredwhenthere is

no legal separation.
If the absentee left no spouse, or if the spouse present is a minor, any competent
personmay be appointed by the court. (Article 383, Civil Code)

EXERCISES)
ii. Declaration of absence
(1) 2 years having elapsed without any news about the absentee or since the receipt of thelast news,
and 5 years in case the absentee has left a person in charge of theadministration of his property, his
absence may be declared. (Article 384, Civil Code)
(2) The following may ask for the declaration of absence:
(a) The spouse present;

(b) The heirs instituted in a will, who may present an authentic copy of the same; (c) The
relatives who may succeed by the law of intestacy; (d) Those who may have over the
property of the absentee some right subordinatedtothecondition of his death. (Article 385,
Civil Code)
(3) The judicial declaration of absence shall not take effect until 6 months after itspublication in a
newspaper of general circulation. (Article 386, Civil Code)
iii. Administration of the property of the absentee
(1) An administrator of the absentee's property shall be appointed in accordancewithArticle

383. (Article 387, Civil Code)
(2) The wife who is appointed as an administratrix of the husband's propertycannot alienate or
encumber the husband's property, or that of the conjugal partnership, without judicial authority.
(3) The administration shall cease in any of the following cases:
(a) When the absentee appears personally or by means of an agent; (b) When the death of
the absentee is proved and his testate or intestate heirs appear; (c) When a third person
appears, showing by a proper document that he has acquiredtheabsentee's property by
purchase or other title.
In these cases the administrator shall cease in the performance of his office, andtheproperty shall
be at the disposal of those who may have a right thereto. (Article 389, Civil Code)
iv. Presumption of death
(1) After an absence of 7 years, it being unknown whether or not the absentee still lives, 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 successiontill after an
absence of 10 years. If he disappeared after the age of 75 years, an absenceof 5

EXERCISES)
years shall be sufficient in order that his succession may be opened. (Article 390, Civil Code)
(2) The following shall be presumed dead for all purposes, including the divisionof theestate
among the heirs:
(a) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has
not been heard of for 4 years since the loss of the vessel or aeroplane; (b) A person in the armed
forces who has taken part in war, and has been missingfor 4years;
(c) A person who has been in danger of death under other circumstances and his existencehas not
been known for 4 years. (Article 391, Civil Code)
(3) If the absentee appears, or without appearing his existence is proved, he shall recoverhis
property in the condition in which it may be found, and the price of any propertythat may have been
alienated or the property acquired therewith; but he cannot claimeitherfruits or rents. (Article 392,
Civil Code)
b. Presumptive death of absent spouse under the Family Code
i. Absence of one of the spouses and presumption of death - A marriage contractedbyanyperson

during the subsistence of a previous marriage shall be null and void, unless beforethe celebration of
the subsequent marriage, the prior spouse had been absent for 4consecutive years and the spouse
present had a well-founded belief that the absent spousewas already dead. In case of disappearance
where there is danger of death under thecircumstances set forth in the provisions of Article 391 of the
Civil Code, an absenceof only 2 years shall be sufficient.
For the purposes of contracting the subsequent marriage under the preceding paragraph, the
spouse present must institute a summary proceeding as provided for in this Codeforthe declaration
of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent
spouse. (Article 41, Executive Order No. 209, series of 1987, Family Code)
ii. Reapperance of absent spouse - The subsequent marriage referred to in the precedingArticle
shall be automatically terminated by the recording of the affidavit of reappearanceof the absent
spouse, unless there is a judgment annulling the previous marriageordeclaring it void ab initio.
A sworn statement of the fact and circumstances of reappearance shall be recordedinthecivil

registry of the residence of the parties to the subsequent marriage at the instanceof any interested
person, with due notice to the spouses of the subsequent marriageandwithout prejudice to the fact
of reappearance being judicially determined in case suchfact is disputed. (Article 42, Family Code)

EXERCISES)
NOTE: The absolute nullity of a previous marriage may be invoked for purposesof remarriage on
the basis solely of a final judgment declaring such previous marriagevoid. (Article 40, Family Code)
B. Marriage
1. Requisites of marriage
Essential requisites F
a. Legal capacity of the contractingwho mu
be a male and a female; and
b. A
b. Consent freely given in the presencethe prov
solemnizing officer. (Article 2, FamilyCode) and
c. A
with
befo
their
as h
2 wit of
2. Exemption from license requirement
a. Marriage in articulo mortis - In case either or both of the contracting parties areat thepoint of
death, the marriage may be solemnized without necessity of a marriagelicenseand shall remain
valid even if the ailing party subsequently survives. (Article 27, FamilyCode)
b. Marriage in a remote place or in a place where is no means of transportation- If theresidence of

either party is so located that there is no means of transportationtoenablesuch party to appear
personally before the local civil registrar, the marriage maybesolemnized without necessity of a
marriage license. (Article 28, Family Code)
c. Marriage in articulo mortis in an aircraft or vessel - A marriage in articulomortisbetween

passengers or crew members may also be solemnized by a ship captainor byanairplane pilot
not only while the ship is at sea or the plane is in flight, but alsoduringstopovers at ports of call.
(Article 31, Family Code)
d. Marriage in articulo mortis by a military commander - A military commander of aunit, who is a

commissioned officer, shall likewise have authority to solemnize marriagesin

EXERCISES)
articulo mortis between persons within the zone of military operation, whether membersof
the armed forces or civilians. (Article 32, Family Code)
e. Marriage among Muslims or among ethnic groups - Marriages among Muslims oramong members
of the ethnic cultural communities may be performed validly without thenecessity of a marriage
license, provided they are solemnized in accordance withtheircustoms, rites or practices. (Article 33,
Family Code)
f. Unmarried cohabitation - No license shall be necessary for the marriage of a manandawoman
who have lived together as husband and wife for at least 5 years and without anylegal impediment
to marry each other. (Article 34, Family Code)
g. Marriage between persons of same sex - Marriage, as conceived in our current laws, may hew to
the dominant heteronormative model, but asserting by judicial fiat that it should — with all its
privileges and burdens — apply to same-sex couples as well will require a precision in adjudication,
which the circumstances in this case do not present. To do so assumes a blind unproven judicial
faith that the shape of marriage in our current laws will be benign for same-sex couples. Progressive
passion asserted recklesslymay
unintentionally impose more burdens rather than less. (Falcis III v. Civil Registrar General, G. R. No.
217910, 3 September 2019)
3. Marriages solemnized abroad and foreign divorce
a. Marriages celebrated abroad - All marriages solemnized outside the Philippines in accordance
with the laws in force in the country where they were solemnized, andvalidthere as such, shall
also be valid in this country, except those prohibited under Articles35(1), (4), (5) and (6), 36, 37
and 38. (Article 26, Family Code)
b. Foreign divorce
i. Basis - Where a marriage between a Filipino citizen and a foreigner is validly celebratedand a
divorce is thereafter validly obtained abroad by the alien spouse capacitatinghimorher to remarry,
the Filipino spouse shall have capacity to remarry under Philippinelaw. (Id.)
ii. When this Court recognized a foreign divorce decree that was initiated and obtainedbythe Filipino
spouse and extended its legal effects on the issues of child custodyandproperty relation, it should not
stop short in likewise acknowledging that one of theusual and necessary consequences of absolute
divorce is the right to remarry. Indeed, thereis nolonger a mutual obligation to live together and
observe fidelity. When the marriagetieissevered and ceased to exist, the civil status and the domestic
relation of theformerspouses change as both of them are freed from the marital bond.

EXERCISES)
Paragraph 2 of Article 26 speaks of "a divorce validly obtained abroad by the
alienspousecapacitating him or her to remarry." Based on a clear and plain reading of the provision, it
only requires that there be a divorce validly obtained abroad. The letter of the lawdoesnot demand
that the alien spouse should be the one who initiated the proceeding whereinthe divorce decree was
granted. It does not distinguish whether the Filipino spouseis thepetitioner or the respondent in the
foreign divorce proceeding. The Court is boundbythewords of the statute; neither can We put words
in the mouths of the lawmakers. "Thelegislature is presumed to know the meaning of the words, to
have used words advisedly, and to have expressed its intent by the use of such words as are found
in the statute. Verbalegis non est recedendum, or from the words of a statute there should be no
departure."
To reiterate, the purpose of Paragraph 2 of Article 26 is to avoid the absurdsituationwhere the
Filipino spouse remains married to the alien spouse who, after a foreigndivorcedecree that is
effective in the country where it was rendered, is no longer marriedtotheFilipino spouse. The
provision is a corrective measure to address an anomaly wheretheFilipino spouse is tied to the
marriage while the foreign spouse is free to marry under thelaws of his or her country. Whether the
Filipino spouse initiated the foreigndivorceproceeding or not, a favorable decree dissolving the
marriage bond and capacitatinghisorher alien spouse to remarry will have the same result: the
Filipino spouse will effectivelybe without a husband or wife. A Filipino who initiated a foreign divorce
proceedingisinthe same place and in like circumstance as a Filipino who is at the receiving endof
analien initiated proceeding. Therefore, the subject provision should not make a distinction. In both
instance, it is extended as a means to recognize the residual effect of theforeigndivorce decree on
Filipinos whose marital ties to their alien spouses are severedbyoperation of the latter's national law.
(Republic v. Manalo, G. R. No. 221029, 24April 2018)
4. Void and voidable marriages
a. Annulment under Article 36 (as recently articulated in Tan-Andal v. Andal, G. R. No.

196359, May 11, 2021; Totality of Evidence Rule)
i. Psychological incapacity is neither a mental incapacity nor a personality disorder that must be
proven through expert opinion. There must be proof, however, of the durableorenduring aspects of a
person's personality, called "personality structure," whichmanifestsitself through clear acts of
dysfunctionality that undermines the family. The spouse'spersonality structure must make it
impossible for him or her to understand and, moreimportant, to comply with his or her essential
marital obligations. (Tan-Andal v. Andal, G. R. No. 196359, 11 May 2021)
ii. Totality of evidence rule - The oft-referred "totality of evidence" is a short andsimpleway of
expressing the allocation of the burden of proof in a civil case for nullityof marriage under Article 36,
Family Code. The burden of proof lies upon the petitioner toprove his or her case by preponderance
of evidence or balance of probabilities. The

EXERCISES)
burden of proof is discharged by the petitioner if he or she is able to prove his or her causeof
action more likely than not. (Santos-Gantan v. Gantan, G. R. No. 225193, 14October2020)
b. Void marriages
i. Grounds
(1) Those contracted by any party below 18 years of age even with the consent of parentsor
guardians; (Article 35[1], Family Code)
(2) Those solemnized by any person not legally authorized to performmarriages unlesssuch
marriages were contracted with either or both parties believing in good faiththat thesolemnizing
officer had the legal authority to do so; (Article 35[2], Family Code)
(3) Those solemnized without a license, except those covered by the preceding Chapter; (Article
35[3], Family Code)
(4) Those bigamous or polygamous marriages not falling under Article 41; (Article35[4], Family
Code)
(5) Those contracted through mistake of one contracting party as to the identityof theother;
(Article 35[5], Family Code)
(6) Those subsequent marriages that are void under Article 53; (Article 35[6],
FamilyCode)(7) Psychological incapacity (Article 36, Family Code)
(8) Incestuous marriages between the parties, whether legitimate or illegitimate:
(a) Between ascendants and descendants of any degree; and (b) Between brothers and sisters,
whether of the full or half-blood. (Article 37, FamilyCode)
(9) Void marriages for reason of public policy
(a) Between collateral blood relatives, whether legitimate or illegitimate, up to thefourthcivil degree;
(b) Between step-parents and step-children;
(c) Between parents-in-law and children-in-law;
(d) Between the adopting parent and the adopted child;
(e) Between the surviving spouse of the adopting parents and the adopted child; (f) Between
the surviving spouse of the adopted child and the adopter; (g) Between an adopted child and a
legitimate child of the adopter;

EXERCISES)
(h) Between the adopted children of the same adopter;
(i) Between parties where one, with the intention to marry the other, killed that otherperson’s spouse
or his or her own spouse. (Article 38, Family Code)
ii. Effects
(1) The children of the subsequent marriage conceived prior to its terminationshall beconsidered
legitimate and their custody and support in case of dispute shall be decidedbythe court in a proper
proceeding;
(2) The absolute community of property or the conjugal partnership, as the case maybe, shall be
dissolved and liquidated, but if either spouse contracted said marriage inbadfaith, his or her share of
the net profits of the community property or conjugal partnershipproperty shall be forfeited in favor of
the common children or, if there are none, thechildren of the guilty spouse by a previous marriage or
in default of children, the innocent spouse;
(3) Donations by reason of marriage shall remain valid, except that if the donee contractedthe
marriage in bad faith, such donations made to said donee are revoked by operationof law;
(4) The innocent spouse may revoke the designation of the other spouse who actedinbadfaith as a
beneficiary in any insurance policy, even if such designation be stipulatedasirrevocable; and
(5) The spouse who contracted the subsequent marriage in bad faith shall be disqualifiedto inherit
from the innocent spouse by testate and intestate succession. (Article 43, FamilyCode)
(6) If both spouses of the subsequent marriage acted in bad faith, said marriage shall bevoid ab initio
and all donations by reason of marriage and testamentary dispositions madeby one in favor of the
other are revoked by operation of law. (Article 44, Family Code)
(7) The effects provided for in paragraphs (2), (3), (4) and (5) of Article 43 and inArticle44shall also
apply in proper cases to marriages which are declared void ab initio or annulledby final judgment
under Articles 40 and 45.
The final judgment in such cases shall provide for the liquidation, partitionanddistribution of the
properties of the spouses, the custody and support of the commonchildren, and the delivery of their
presumptive legitimes, unless such matters hadbeenadjudicated in previous judicial proceedings.
All creditors of the spouses as well as of the absolute community or the conjugal partnership shall
be notified of the proceedings for liquidation.

EXERCISES)
In the partition, the conjugal dwelling and the lot on which it is situated, shall beadjudicated in
accordance with the provisions of Articles 102 and 129. (Article 50, FamilyCode)
(8) In said partition, the value of the presumptive legitimes of all commonchildren, computed as of
the date of the final judgment of the trial court, shall be deliveredincash, property or sound
securities, unless the parties, by mutual agreement judicially approved, had already provided for
such matters.
The children or their guardian, or the trustee of their property, may ask for theenforcement of the
judgment.
The delivery of the presumptive legitimes herein prescribed shall in no way prejudicetheultimate
successional rights of the children accruing upon the death of either or bothof the parents; but the
value of the properties already received under the decreeof annulment or absolute nullity shall be
considered as advances on their legitime. (Article51, Family Code)
(9) The judgment of annulment or of absolute nullity of the marriage, the partitionanddistribution of
the properties of the spouses, and the delivery of the children’s presumptivelegitimes shall be
recorded in the appropriate civil registry and registries of property; otherwise, the same shall not
affect third persons. (Article 52, Family Code)
(10) Either of the former spouses may marry again after complying with the requirementsof the
immediately preceding Article; otherwise, the subsequent marriage shall be null andvoid. (Article 53,
Family Code)
(11) Children conceived or born before the judgment of annulment or absolute nullityof the marriage
under Article 36 has become final and executory, shall be consideredlegitimate. Children conceived
or born of the subsequent marriage under Article 53shall likewise be legitimate. (Article 54, Family
Code)
iii. Prescriptive period - The action or defense for the declaration of absolute nullityof amarriage shall
not prescribe. (Article 39, Family Code, as amended by Republic Act No. 8533)

c. Voidable marriages
Ground Subject Period to file actionan
toratification free
cohabitation who may file thesa
i. Lack of parental consent - Thatparty in the Within 5 years afterattaini

whose behalf it is sought tothe marriage have ageby the parent or guard
annulled was 18age or over but below years of person havinglegalcharge
marriage was solemnized without thecon Yes, after attain minor, atany time befores
the parents, guardianperson having 21, and the of 21
substituteauthority over the party, in that the age party reached theageof21
or partywhoseparent or
parental guardiandidnotgive his or
consent
ii. That either party was of unsoundmind Yes, after onethe At any time beforethedeat
reason either party;by the insane
lucidafter regaining sanity
of
comes
the sane spouseno
knowledge
other’s insanity; byanyrela
guardianorperson havingc
of the insane
iii. That the consent of either partyobtain was a party
fraud, which consists of thefollowing: Within 5 years
full
(1) Non-disclosure of aconviction by discovery of
final judgment of theparty of a crime of the
involvingturpitude; previous the injured party
other
(2) Concealment by the wife of thethat a moral
time of the marriage, shepregnant by a m Yes, bywith
other thanhusband; knowledge
fact
(3) Concealment of sexuallytransmissibl facts constituting
disease, regardlessnature, existing at th was
timemarriage; or the fraud
of its
of the
of 21; or
or
spouse
interval or
whohad
of the
legal
the
fraudby

(4) Concealment of drug addiction,habitu
alcoholism, or homosexualitylesbianism or
existing at the timemarriage. (Article 46, of the
Code)
iv. That the consent of either Yes, Within 5 years fromthe

partyobtained by force, whenforce, time theintimidation or und
intimidationinfluence intimidation
was influence
or undue influence
or undue disappearedorceased by
have disappeare
ceased
party
v. That either party was physicallyincapa marriage

Within 5 years aftermarria
consummating thewith the other, and No
suchcontinues and appears to be incura incapacity by theparty
vi. That either party was afflictedsexually with a

transmissible diseasebe serious and app No
to be incurable found to
(Article 45, Family Code) (Article 47, FamilyCode

force,
injured
the
injured
C. Legal separation
1. Grounds
i. Repeated physical violence or grossly abusive conduct directed against the petitioner, acommon
child, or a child of the petitioner;
ii. Physical violence or moral pressure to compel the petitioner to change religiousorpolitical
affiliation;
iii. Attempt of respondent to corrupt or induce the petitioner, a common child, or achildof the
petitioner, to engage in prostitution, or connivance in such corruptionorinducement;
iv. Final judgment sentencing the respondent to imprisonment of more than 6 years, evenif
pardoned;
v. Drug addiction or habitual alcoholism of the respondent;
vi. Lesbianism or homosexuality of the respondent;
vii. Contracting by the respondent of a subsequent bigamous marriage, whether
inthePhilippines or abroad;
viii. Sexual infidelity or perversion;
ix. Attempt by the respondent against the life of the petitioner; or x. Abandonment of petitioner by
respondent without justifiable cause for more than1year. (Article 55, Family Code)

2. Defenses
i. Where the aggrieved party has condoned the offense or act complained of; ii. Where the
aggrieved party has consented to the commission of the offenseor act complained of;
iii. Where there is connivance between the parties in the commission of the offenseor act
constituting the ground for legal separation;
iv. Where both parties have given ground for legal separation;
v. Where there is collusion between the parties to obtain the decree of legal separation; orvi.
Where the action is barred by prescription. (Article 56, Family Code)
3. Procedure
a. Period to file action - An action for legal separation shall be filed within 5 years fromthe time of the
occurrence of the cause. (Article 57, Family Code)
b. Period of trial - An action for legal separation shall in no case be tried before 6monthsshall have
elapsed since the filing of the petition. (Article 58, Family Code)
c. No legal separation may be decreed unless the court has taken steps
towardthereconciliation of the spouses and is fully satisfied, despite such efforts, that
reconciliationis highly improbable. (Article 59, Family Code)
d. No decree of legal separation shall be based upon a stipulation of facts or a confessionof

judgment.
In any case, the court shall order the prosecuting attorney or fiscal assigned toit totakesteps to
prevent collusion between the parties and to take care that the evidenceis not fabricated or
suppressed. (Article 60, Family Code)
4. Effects of filing petition - After the filing of the petition for legal separation, the spousesshall be
entitled to live separately from each other.
The court, in the absence of a written agreement between the spouses, shall designateeither of
them or a third person to administer the absolute community or conjugal partnership property. The
administrator appointed by the court shall have thesamepowers and duties as those of a guardian
under the Rules of Court. (Article 61, FamilyCode)
5. Effects of pendency - During the pendency of the action for legal separation, theprovisions of
Article 49 shall likewise apply to the support of the spouses and the custodyand support of the
common children. (Article 62, Family Code)

EXERCISES)
6. Effects of decree of legal separation
a. Effects - The decree of legal separation shall have the following effects:
i. The spouses shall be entitled to live separately from each other, but the marriagebondshall
not be severed;
ii. The absolute community or the conjugal partnership shall be dissolved and liquidatedbut the
offending spouse shall have no right to any share of the net profits earnedbytheabsolute community
or the conjugal partnership, which shall be forfeited in accordancewith the provisions of Article 43(2);
iii. The custody of the minor children shall be awarded to the innocent spouse, subject tothe
provisions of Article 213 of this Code; and
iv. The offending spouse shall be disqualified from inheriting from the innocent spousebyintestate
succession. Moreover, provisions in favor of the offending spouse in thewill of the innocent spouse
shall be revoked by operation of law. (Article 63, Family Code)
b. Finality of decree - After the finality of the decree of legal separation, the innocent spouse may
revoke the donations made by him or by her in favor of the offending spouse, as well as the
designation of the latter as a beneficiary in any insurance policy, evenif such designation be stipulated
as irrevocable. The revocation of the donations shall berecorded in the registries of property in the
places where the properties are located. Alienations, liens and encumbrances registered in good faith
before the recordingof thecomplaint for revocation in the registries of property shall be respected. The
revocationof or change in the designation of the insurance beneficiary shall take effect
uponwrittennotification thereof to the insured.
The action to revoke the donation under this Article must be brought within 5 years fromthe time the
decree of legal separation has become final. (Article 64, Family Code)
7. Reconciliation
a. If the spouses should reconcile, a corresponding joint manifestation under oathdulysigned by

them shall be filed with the court in the same proceeding for legal separation. (Article 65, Family
Code)
b. The reconciliation referred to in the preceding article shall have the followingconsequences:
i. The legal separation proceedings, if still pending, shall thereby be terminatedinwhatever

stage; and

EXERCISES)
ii. The final decree of legal separation shall be set aside, but the separation of propertyandany
forfeiture of the share of the guilty spouse already effected shall subsist, unless thespouses agree to
revive their former property regime.
The court’s order containing the foregoing shall be recorded in the proper civil registries. (Article 66,
Family Code)
c. The agreement to revive the former property regime referred to in the

precedingarticleshall be executed under oath and shall specify:
i. The properties to be contributed anew to the restored regime; ii. Those to be retained as separate
properties of each spouse; and iii. The names of all their known creditors, their addresses and the
amounts owing toeach.
The agreement of revival and the motion for its approval shall be filed with the court inthe same
proceeding for legal separation, with copies of both furnished to the creditorsnamed therein. After
due hearing, the court shall, in its order, take measures to protect theinterest of creditors and such
order shall be recorded in the proper registries of property.
The recording of the order in the registries of property shall not prejudice any creditor not listed or
not notified, unless the debtor-spouse has sufficient separate properties tosatisfythe creditor’s claim.
8. Effect of death of one of the parties
a. In case a party dies at any stage of the proceedings before the entry of judgment, thecourt shall
order the case closed and terminated without prejudice to the settlement of estate in proper
proceedings in the regular courts. (Section 21, A. M. No. 02-11-11-SC, Rule on Legal Separation)
b. If the party dies after the entry of judgment, the same shall be binding upon thepartiesand their
successors in interest in the settlement of the estate in the regular courts. (Id.)
D. Rights and obligations between husband and wife
1. The husband and wife are obliged to live together, observe mutual love, respect andfidelity,
and render mutual help and support. (Article 68, Family Code)
2. The husband and wife shall fix the family domicile. In case of disagreement, thecourt shall
decide.
The court may exempt one spouse from living with the other if the latter shouldliveabroad or
there are other valid and compelling reasons for the exemption. However, such

EXERCISES)
exemption shall not apply if the same is not compatible with the solidarity of thefamily. (Article 69,
Family Code)
3. The spouses are jointly responsible for the support of the family. The expenses for suchsupport
and other conjugal obligations shall be paid from the community propertyand, inthe absence
thereof, from the income or fruits of their separate properties. Incaseof insufficiency or absence of
said income or fruits, such obligations shall be satisfiedfromtheir separate properties. (Article 70,
Family Code)
4. The management of the household shall be the right and duty of both spouses. Theexpenses
for such management shall be paid in accordance with the provisions of Article70. (Article 71,
Family Code)
5. When one of the spouses neglects his or her duties to the conjugal union or commitsacts which
tend to bring danger, dishonor or injury to the other or to the family, theaggrieved party may apply to
the court for relief. (Article 72, Family Code)
6. Either spouse may exercise any legitimate profession, occupation, business or activitywithout the
consent of the other. The latter may object only on valid, serious, andmoral grounds.
In case of disagreement, the court shall decide whether or not:
i. The objection is proper, and

ii. Benefit has accrued to the family prior to the objection or thereafter. If thebenefit accrued prior to
the objection, the resulting obligation shall be enforced against thecommunity property. If the benefit
accrued thereafter, such obligation shall be enforcedagainst the separate property of the spouse
who has not obtained consent.
The foregoing provisions shall not prejudice the rights of creditors who acted in goodfaith. (Article 73,
Family Code, as amended by Republic Act No. 10572)
7. Equal rights in all matters relating to marriage and family relations - The State shall takeall
appropriate measures to eliminate discrimination against women in all matters relatingto marriage
and family relations and shall ensure:
a. The same rights to enter into and leave marriages or common law relationships referredto under
the Family Code without prejudice to personal or religious beliefs;
b. The same rights to choose freely a spouse and to enter into marriage only withtheir freeand full
consent. The betrothal and the marriage of a child shall have no legal effect;
c. The joint decision on the number and spacing of their children and to have accesstothe
information, education and means to enable them to exercise these rights;

EXERCISES)
d. The same personal rights between spouses or common law spouses including theright to choose
freely a profession and an occupation;
e. The same rights for both spouses or common law spouses in respect of the ownership,
acquisition, management, administration, enjoyment, and disposition of property;
f. The same rights to properties and resources, whether titled or not, and inheritance, whether
formal or customary; and
E. Property relations between husband and wife
1. General provisions
a. The future spouses may, in the marriage settlements, agree upon the regime of
absolutecommunity, conjugal partnership of gains, complete separation of property, or
anyotherregime. In the absence of a marriage settlement, or when the regime agreed uponis void,
the system of absolute community of property as established in this Code shall govern. (Article 75,
Family Code)
b. In order that any modification in the marriage settlements may be valid, it must bemade before
the celebration of the marriage, subject to the provisions of Articles 66, 67, 128, 135 and 136.
c. The marriage settlements and any modification thereof shall be in writing, signedbytheparties
and executed before the celebration of the marriage. They shall not prejudicethirdpersons unless
they are registered in the local civil registry where the marriage contract isrecorded as well as in
the proper registries of property. (Article 77, Family Code)
d. A minor who according to law may contract marriage may also execute his or hermarriage
settlements, but they shall be valid only if the persons designated in Article14togive consent to the
marriage are made parties to the agreement, subject to the provisionsof Title IX of this Code.
e. For the validity of any marriage settlements executed by a person uponwhomasentence of civil
interdiction has been pronounced or who is subject to anyotherdisability, it shall be indispensable for
the guardian appointed by a competent court tobemade a party thereto. (Article 79, Family Code)
f. In the absence of a contrary stipulation in a marriage settlement, the property relationsof the
spouses shall be governed by Philippine laws, regardless of the placeof thecelebration of the
marriage and their residence.

EXERCISES)
This rule shall not apply:
i. Where both spouses are aliens;

ii. With respect to the extrinsic validity of contracts affecting property not situatedinthePhilippines and
executed in the country where the property is located; and iii. With respect to the extrinsic validity of
contracts entered into the Philippines but affecting property situated in a foreign country whose laws
require different formalities forits extrinsic validity. (Article 80, Family Code)
g. Everything stipulated in the settlements or contracts referred to in the precedingarticlesin

consideration of a future marriage, including donations between the prospectivespouses made
therein, shall be rendered void if the marriage does not takeplace. However, stipulations that do not
depend upon the celebration of the marriage shall bevalid. (Article 81, Family Code)
2. Donations by reason of marriage
a. Donations by reason of marriage are those which are made before its celebration,
inconsideration of the same, and in favor of one or both of the future spouses. (Article82, Family
Code)
b. If the future spouses agree upon a regime other than the absolute communityof property, they
cannot donate to each other in their marriage settlements more than1/5of their present property.
Any excess shall be considered void.
Donations of future property shall be governed by the provisions on testamentarysuccession and

the formalities of wills. (Article 84, Family Code)
c. Donations by reason of marriage of property subject to encumbrances shall be valid. Incase of

foreclosure of the encumbrance and the property is sold for less thanthetotal amount of the
obligation secured, the donee shall not be liable for the deficiency. If theproperty is sold for more
than the total amount of said obligation, the donee shall beentitled to the excess. (Article 85, Family
Code)
d. A donation by reason of marriage may be revoked by the donor in the followingcases:
i. If the marriage is not celebrated or judicially declared void ab initio except donationsmade in
the marriage settlements, which shall be governed by Article 81; ii. When the marriage takes
place without the consent of the parents or guardian, asrequired by law;
iii. When the marriage is annulled, and the donee acted in bad faith; iv. Upon legal
separation, the donee being the guilty spouse;
v. If it is with a resolutory condition and the condition is complied with;

EXERCISES)
vi. When the donee has committed an act of ingratitude as specified by the provisionsof the Civil
Code on donations in general. (Article 86, Family Code)
e. Every donation or grant of gratuitous advantage, direct or indirect, between the spousesduring the
marriage shall be void, except moderate gifts which the spouses may giveeachother on the occasion
of any family rejoicing. The prohibition shall also apply topersonsliving together as husband and wife
without a valid marriage. (Article 87, Family Code)
3. Absolute Community of Property
a. Unless otherwise provided in this Chapter or in the marriage settlements, thecommunity property
shall consist of all the property owned by the spouses at thetimeof the celebration of the marriage or
acquired thereafter. (Article 91, Family Code)
b. The following shall be excluded from the community property:
i. Property acquired during the marriage by gratuitous title by either spouse, andthefruitsas well
as the income thereof, if any, unless it is expressly provided by the donor, testatoror grantor
that they shall form part of the community property;
ii. Property for personal and exclusive use of either spouse. However, jewelry shall formpart of the
community property;
iii. Property acquired before the marriage by either spouse who has legitimate descendantsby a
former marriage, and the fruits as well as the income, if any, of such property. (Article92, Family
Code)
c. Property acquired during the marriage is presumed to belong to the community, unlessit is
proved that it is one of those excluded therefrom. (Article 93, Family Code)
4. Conjugal Partnership of Gains
a. 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 provisionsinthis
Chapter shall be of supplementary application.
The provisions of this Chapter shall also apply to conjugal partnerships of gains alreadyestablished
between the spouses before the effectivity of this Code without prejudicetovested rights already
acquired in accordance with the Civil Code or other laws asprovided in Article 256. (Article 105,
Family Code)
b. Under the regime of conjugal partnership of gains, the husband and wife placeinacommon fund
the proceeds, products, fruits and income from their separate properties andthose acquired by either
or both spouses through their efforts or by chance, andupondissolution of the marriage or of the
partnership, the net gains or benefits obtainedby

EXERCISES)
either or both spouses shall be divided equally between them, unless otherwise agreedinthe
marriage settlements. (Article 106, Family Code)
5. Separation of property and administration of common property by one spouse duringthe

marriage
a. In the absence of an express declaration in the marriage settlements, the separationof property
between spouses during the marriage shall not take place except by judicial order. Such judicial
separation of property may either be voluntary or for sufficient cause. (Article 134, Family Code)
b. Any of the following shall be considered sufficient cause for judicial separationof property:
i. That the spouse of the petitioner has been sentenced to a penalty which carries withit civil
interdiction;
ii. That the spouse of the petitioner has been judicially declared an absentee; iii. That loss of parental
authority of the spouse of petitioner has been decreed by thecourt; iv. That the spouse of the
petitioner has abandoned the latter or failed to comply withhisor her obligations to the family as
provided for in Article 101; v. That the spouse granted the power of administration in the marriage
settlements hasabused that power; and
vi. That at the time of the petition, the spouses have been separated in fact for at least 1year and
reconciliation is highly improbable.
In the cases provided for in numbers (1), (2) and (3), the presentation of the final judgment against
the guilty or absent spouse shall be enough basis for the grant of the decreeof judicial separation of
property. (Article 135, Family Code)
c. Once the separation of property has been decreed, the absolute communityor theconjugal
partnership of gains shall be liquidated in conformity with this Code.
During the pendency of the proceedings for separation of property, the absolutecommunity or the
conjugal partnership shall pay for the support of the spouses andtheirchildren. (Article 137, Family
Code)
d. After dissolution of the absolute community or the conjugal partnership, the provisionson
complete separation of property shall apply. (Article 138, Family Code)
e. The spouses may, in the same proceedings where separation of property was decreed, file a
motion in court for a decree reviving the property regime that existed betweenthembefore the
separation of property in any of the following instances:
i. When the civil interdiction terminates;


EXERCISES)
ii. When the absentee spouse reappears;
iii. When the court, being satisfied that the spouse granted the power of administrationinthe
marriage settlements will not again abuse that power, authorizes the resumptionof said
administration;
iv. When the spouse who has left the conjugal home without a decree of legal
separationresumes common life with the other;
v. When the parental authority is judicially restored to the spouse previously deprivedthereof;
vi. When the spouses who have separated in fact for at least 1 year, reconcile
andresumecommon life; or
vii. When after voluntary dissolution of the absolute community of property or conjugal partnership
has been judicially decreed upon the joint petition of the spouses, theyagreeto the revival of the
former property regime. No voluntary separation of propertymaythereafter be granted.
The revival of the former property regime shall be governed by Article 67. (Article141, Family Code)
f. The administration of all classes of exclusive property of either spouse maybetransferred by the
court to the other spouse:
i. When one spouse becomes the guardian of the other;

ii. When one spouse is judicially declared an absentee;
iii. When one spouse is sentenced to a penalty which carries with it civil interdiction; or iv. When one
spouse becomes a fugitive from justice or is hiding as an accusedinacriminal case.
If the other spouse is not qualified by reason of incompetence, conflict of interest, or anyother just
cause, the court shall appoint a suitable person to be the administrator. (Article142, Family Code)
6. Regime of separation of property
a. Should the future spouses agree in the marriage settlements that their property relationsduring
marriage shall be governed by the regime of separation of property, the provisionsof this Chapter
shall be suppletory. (Article 143, Family Code)
b. Separation of property may refer to present or future property or both. It may betotal orpartial. In
the latter case, the property not agreed upon as separate shall pertaintotheabsolute community.
c. Each spouse shall own, dispose of, possess, administer and enjoy his or her ownseparate estate,
without need of the consent of the other. To each spouse shall belongall earnings from his or her
profession, business or industry and all fruits, natural, industrial or

EXERCISES)
civil, due or received during the marriage from his or her separate property. (Article145, Family
Code)
d. Both spouses shall bear the family expenses in proportion to their income, or, incaseof
insufficiency or default thereof, to the current market value of their separate properties.
The liability of the spouses to creditors for family expenses shall, however, be solidary. (Article 146,
Family Code)
7. Property regime of unions without marriage
a. When a man and a woman who are capacitated to marry each other, live exclusivelywith each
other as husband and wife without the benefit of marriage or under avoidmarriage, their wages
and salaries shall be owned by them in equal shares andtheproperty acquired by both of them
through their work or industry shall be governedbytherules on co-ownership.
In the absence of proof to the contrary, properties acquired while they lived together shall be
presumed to have been obtained by their joint efforts, work or industry, andshall beowned by them
in equal shares. For purposes of this Article, a party whodidnot participate in the acquisition by the
other party of any property shall be deemedtohavecontributed jointly in the acquisition thereof if the
former’s efforts consisted inthecareand maintenance of the family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her shareintheproperty
acquired during cohabitation and owned in common, without the consent of theother, until after
the termination of their cohabitation.
When only one of the parties to a void marriage is in good faith, the share of the partyinbad faith in
the co-ownership shall be forfeited in favor of their common children. Incaseof default of or waiver by
any or all of the common children or their descendants, eachvacant share shall belong to the
respective surviving descendants. In the absenceof descendants, such share shall belong to the
innocent party. In all cases, the forfeitureshall take place upon termination of the cohabitation. (Article
147, Family Code)
b. In cases of cohabitation not falling under the preceding Article, only the propertiesacquired by
both of the parties through their actual joint contribution of money, property, or industry shall be
owned by them in common in proportion to their respectivecontributions. In the absence of proof to
the contrary, their contributions andcorresponding shares are presumed to be equal. The same rule
and presumptionshall apply to joint deposits of money and evidences of credit.
If one of the parties is validly married to another, his or her share in the co-ownershipshall accrue to
the absolute community or conjugal partnership existing in suchvalid

EXERCISES)
marriage. If the party who acted in bad faith is not validly married to another, his or hershare shall
be forfeited in the manner provided in the last paragraph of the precedingArticle.
The foregoing rules on forfeiture shall likewise apply even if both parties are inbadfaith. (Article 148,
Family Code)
F. Family home
1. The family home, constituted jointly by the husband and the wife or by an unmarriedhead of a
family, is the dwelling house where they and their family reside, and the landonwhich it is situated.
2. The family home is deemed constituted on a house and lot from the time it is occupiedas a family
residence. From the time of its constitution and so long as anyof itsbeneficiaries actually resides
therein, the family home continues to be such andis exempt from execution, forced sale or
attachment except as hereinafter provided and totheextent of the value allowed by law. (Article 153,
Family Code)
3. The beneficiaries of a family home are:
a. The husband and wife, or an unmarried person who is the head of a family; andb. Their
parents, ascendants, descendants, brothers and sisters, whether the relationshipbelegitimate
or illegitimate, who are living in the family home and who dependuponthehead of the family for
legal support. (Article 154, Family Code)
4. The family home shall be exempt from execution, forced sale or attachment except:
a. For non-payment of taxes;

b. For debts incurred prior to the constitution of the family home; c. For debts secured by mortgages
on the premises before or after such constitution; andd. For debts due to laborers, mechanics,
architects, builders, materialmen and others whohave rendered service or furnished material for the
construction of the building. (Article155, Family Code)
5. The family home must be part of the properties of the absolute communityor theconjugal
partnership, or of the exclusive properties of either spouse with thelatter’sconsent. It may also be
constituted by an unmarried head of a family on his or her ownproperty.
Nevertheless, property that is the subject of a conditional sale on installment whereownership is

reserved by the vendor only to guarantee payment of the purchase pricemaybe constituted as a
family home. (Article 156, Family Code)

EXERCISES)
6. The actual value of the family home shall not exceed, at the time of its constitution,
theamount of P300,000.00 in urban areas, and P200,000.00 in rural areas, or suchamountsas
may hereafter be fixed by law.
In any event, if the value of the currency changes after the adoption of this code, thevaluemost
favorable for the constitution of a family home shall be the basis of the evaluation.
For purposes of this article, urban areas are deemed to include chartered cities andmunicipalities
whose annual income at least equals that legally required for charteredcities. All others are deemed
to be rural areas. (Article 157, Family Code)
7. The family home may be sold, alienated, donated, assigned or encumberedbytheowner or

owners thereof with the written consent of the person constituting the same, thelatter’s spouse, and
a majority of the beneficiaries of legal age. In case of conflict, thecourt shall decide. (Article 158,
Family Code)
8. The family home shall continue despite the death of one or both spouses or of theunmarried
head of the family for a period of 10 years or for as long as there is aminorbeneficiary, and the
heirs cannot partition the same unless the court finds compellingreasons therefor. This rule shall
apply regardless of whoever owns the propertyorconstituted the family home. (Article 159, Family
Code)
9. When a creditor whose claim is not among those mentioned in Article 155obtainsajudgment in his
favor, and he has reasonable grounds to believe that the family homeisactually worth more than the
maximum amount fixed in Article 157, he may applytothecourt which rendered the judgment for an
order directing the sale of the propertyunderexecution. The court shall so order if it finds that the
actual value of the familyhomeexceeds the maximum amount allowed by law as of the time of its
constitution. If theincreased actual value exceeds the maximum allowed in Article 157 and results
fromsubsequent voluntary improvements introduced by the person or persons constitutingthefamily
home, by the owner or owners of the property, or by any of the beneficiaries, thesame rule and
procedure shall apply.
At the execution sale, no bid below the value allowed for a family home shall beconsidered. The
proceeds shall be applied first to the amount mentioned in Article157, and then to the liabilities
under the judgment and costs. The excess, if any, shall bedelivered to the judgment debtor. (Article
160, Family Code)
10. For purposes of availing of the benefits of a family home as provided for inthisChapter, a person
may constitute, or be the beneficiary of, only one family home. (Article161, Family Code)
G. Paternity and filiation
1. Legitimate children
Children conceived or born during the marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife with the spermof thehusband or
that of a donor or both are likewise legitimate children of the husbandandhiswife, provided that both
of them authorized or ratified such insemination inawritteninstrument 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. (Article164, Family Code)
2. Proof of filiation
a. The filiation of legitimate children is established by any of the following:
i. The record of birth appearing in the civil register or a final judgment; or ii. An admission of
legitimate filiation in a public document or a private handwritteninstrument and signed by the
parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be proved by:
i. The open and continuous possession of the status of a legitimate child; or ii. Any other means
allowed by the Rules of Court and special laws. (Article 172, FamilyCode)
b. The action to claim legitimacy may be brought by the child during his or her lifetimeand shall be
transmitted to the heirs should the child die during minority or ina stateof insanity. In these cases, the
heirs shall have a period of 5 years within which toinstitutethe action.
The action already commenced by the child shall survive notwithstanding the deathof either or both
of the parties. (Article 173, Family Code)
c. Legitimate children shall have the right:
i. To bear the surname of the father and the mother, in conformity with the provisionsof the Civil
Code on Surnames;
ii. To receive support from their parents, their ascendants, and in proper cases, theirbrothers and
sisters, in conformity with the provisions of this Code on Support; andiii. To be entitled to the legitime
and other successional rights granted to themby theCivil Code. (Article 174, Family Code)

EXERCISES)
d. Action to impugn legitimacy
i. Grounds
(1) That it was physically impossible for the husband to have sexual intercourse withhiswife within
the first 120 days of the 300 days which immediately preceded the birthof thechild because of:
(a) The physical incapacity of the husband to have sexual intercourse with his wife; (b) The fact that
the husband and wife were living separately in such a way that sexual intercourse was not possible;
(c) Serious illness of the husband, which absolutely prevented sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the child couldnot havebeen
that of the husband, except in the instance provided in the 2nd paragraphof Article164; or
(3) That in case of children conceived through artificial insemination, the writtenauthorization or
ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue
influence. (Article 166, Family Code)
ii. Period to file action - The action to impugn the legitimacy of the child shall be brought within 1 year
from the knowledge of the birth or its recording in the civil register, if thehusband or, in a proper case,
any of his heirs, should reside in the city or municipalitywhere the birth took place or was recorded.
If the husband, or in his default, all of his heirs do not reside at the place of birthasdefined in the first
paragraph or where it was recorded, the period shall be 2 years if theyshould reside in the
Philippines; and 3 years if abroad. If the birth of the childhas beenconcealed from or was unknown to
the husband or his heirs, the period shall be countedfrom the discovery or knowledge of the birth of
the child or of the fact of registrationof said birth, whichever is earlier. (Article 170, Family Code)
3. Illegitimate children
a. Children conceived and born outside a valid marriage are illegitimate, unless
otherwiseprovided in this code. (Article 165, Family Code)
b. Illegitimate children may establish their illegitimate filiation in the same way andonthesame
evidence as legitimate children.

The action must be brought within the same period specified in Article 173, except whenthe action
is based on the second paragraph of Article 172, in which case the actionmaybe brought during
the lifetime of the alleged parent. (Article 175, Family Code)
c. Illegitimate children shall use the surname and shall be under the parental authorityof their mother,
and shall be entitled to support in conformity with this Code. However, illegitimate children may use
the surname of their father if their filiation has beenexpressly recognized by the father through the
record of birth appearing inthecivil register, or when an admission in a public document or private
handwritten instrument ismade by the father. Provided, the father has the right to institute an action
beforetheregular courts to prove non-filiation during his lifetime. The legitime of each illegitimatechild
shall consist of 1/2 of the legitime of a legitimate child. (Article 176, Family Code, asamended by
Republic Act No. 9255)
4. Legitimated children
a. Children conceived and born outside of wedlock of parents who, at the timeof conception of the
former, were not disqualified by any impediment to marry eachother, or were so disqualified only
because either or both of them were below18 years of age, may be legitimated. (Article 177, Family
Code, as amended by Republic Act No. 9858)
b. Legitimation shall take place by a subsequent valid marriage between parents. Theannulment of
a voidable marriage shall not affect the legitimation. (Article 178, FamilyCode)
c. Legitimated children shall enjoy the same rights as legitimate children. (Article179, Family Code)
d. The effects of legitimation shall retroact to the time of the child’s birth. (Article180, Family Code)
e. The legitimation of children who died before the celebration of the marriageshall benefit their
descendants. (Article 181, Family Code)
f. Legitimation may be impugned only by those who are prejudiced in their rights, within5
years from the time their cause of action accrues. (Article 182, Family Code)
H. Adoption
1. Domestic adoption (Republic Act No. 8552)
NOTE: The following are existing provisions of law on adoption prior to the effectivityof Republic Act
No. 11642, otherwise known as the “Domestic Administrative AdoptionandAlternative Child Care
Act,” which was approved by the President on 6 January 2022.
a. Who may adopt
i. Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral
character, has not been convicted of any crime involving moral turpitude, emotionally and
psychologically capable of caring for children, at least 16 years olderthan the adoptee, and who is in
a position to support and care for his/her childrenin
keeping with the means of the family. The requirement of 16 year difference betweentheage of the
adopter and adoptee may be waived when the adopter is the biological parent of the adoptee, or is
the spouse of the adoptee's parent;
ii. Any alien possessing the same qualifications as above stated for Filipinonationals: Provided, That
his/her country has diplomatic relations with the Republicof thePhilippines, that he/she has been
living in the Philippines for at least 3 continuous yearsprior to the filing of the application for adoption
and maintains such residence until theadoption decree is entered, that he/she has been certified by
his/her diplomaticorconsular office or any appropriate government agency that he/she has the legal
capacitytoadopt in his/her country, and that his/her government allows the adoptee to enter
his/hercountry as his/her adopted son/daughter: Provided, Further, That the requirements
onresidency and certification of the alien's qualification to adopt in his/her country maybewaived for
the following:
(1) A former Filipino citizen who seeks to adopt a relative within the 4th degreeof consanguinity or
affinity; or
(2) One who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or (3) One
who is married to a Filipino citizen and seeks to adopt jointly with his/her spousea relative within
the 4th degree of consanguinity or affinity of the Filipino spouse; or
iii. The guardian with respect to the ward after the termination of the
guardianshipandclearance of his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(1) If one spouse seeks to adopt the legitimate son/daughter of the other; or (2) If one spouse seeks
to adopt his/her own illegitimate son/daughter: Provided, However, that the other spouse has
signified his/her consent thereto; or

EXERCISES)
(3) If the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughterof the
other, joint parental authority shall be exercised by the spouses. (Section7, Republic Act No. 8552,
Domestic Adoption Act)
b. Who may be adopted
i. Any person below 18 years of age who has been certified by the Department of Social Welfare
and Development (DSWD) as a child legally available for adoption; ii. The legitimate son/daughter
of one spouse by the other spouse;
iii. An illegitimate son/daughter by a qualified adopter to improve his/her status tothat of legitimacy;
iv. A person of legal age if, prior to the adoption, said person has been consistentlyconsidered and
treated by the adopter(s) as his/her own child since minority; v. A child whose adoption has been
previously rescinded; or
vi. A child whose biological or adoptive parent(s) has died: Provided, That no proceedingsshall be
initiated within 6 months from the time of death of said parent(s). (Section8, Domestic Adoption Act,
as amended by Republic Act No. 9523)
c. Rights of an adopted child
i. Parental authority – Except in cases where the biological parent is the spouseof theadopter, all
legal ties between the biological parent(s) and the adoptee shall be severedand the same shall then
be vested on the adopter(s). (Section 16, Domestic AdoptionAct)
ii. Legitimacy – The adoptee shall be considered the legitimate son/daughter of theadopter(s) for all
intents and purposes and as such is entitled to all the rights andobligations provided by law to
legitimate sons/daughters born to themwithout discrimination of any kind. To this end, the adoptee is
entitled to love, guidance, andsupport in keeping with the means of the family. (Section 17, Domestic
AdoptionAct)
iii. Succession – In legal and intestate succession, the adopter(s) and the adopteeshall have
reciprocal rights of succession without distinction from legitimate filiation. However, if the adoptee
and his/her biological parent(s) had left a will, the lawon testamentarysuccession shall govern.
(Section 18, Domestic Adoption Act)
d. Instances and effects of rescission
i. Grounds
(1) Repeated physical and verbal maltreatment by the adopter(s) despite having
undergonecounseling;
(2) Attempt on the life of the adoptee;

EXERCISES)
(3) Sexual assault or violence; or
(4) Abandonment and failure to comply with parental obligations. (Section 19, DomesticAdoption
Act)
NOTE: Adoption, being in the best interest of the child, shall not be subject torescissionby the
adopter(s). However, the adopter(s) may disinherit the adoptee for causes providedin Article
919 of the Civil Code. (Id.)
ii. Effects of rescission - If the petition is granted, the parental authority of the adoptee'sbiological
parent(s), if known, or the legal custody of the Department shall be restoredif the adoptee is still a
minor or incapacitated. The reciprocal rights and obligations of theadopter(s) and the adoptee to
each other shall be extinguished.
The court shall order the Civil Registrar to cancel the amended certificate of birthof theadoptee
and restore his/her original birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the dateof judgment of
judicial rescission. Vested rights acquired prior to judicial rescissionshall berespected.
All the foregoing effects of rescission of adoption shall be without prejudicetothepenalties imposable
under the Revised Penal Code if the criminal acts are properlyproven. (Section 20, Domestic
Adoption Act)
2. Inter-country adoption (Republic Act No. 8043)
a. When allowed
i. Where to file application - An application to adopt a Filipino child shall be filedeitherwith the
Philippine Regional Trial Court having jurisdiction over the child, or withtheBoard, through an
intermediate agency, whether governmental or an authorizedandaccredited agency, in the country of
the prospective adoptive parents, which applicationshall be in accordance with the requirements as
set forth in the implementing rules andregulations to be promulgated by the Board.
The application shall be supported by the following documents written andofficiallytranslated in
English:
(1) Birth certificate of applicants(s);

(2) Marriage contract, if married, and divorce decree, if applicable; (3) Written consent of their
biological or adopted children above 10 years of age, intheform of sworn statement;
(4) Physical, medical and psychological evaluation by a duly licensed physicianandpsychologist;

EXERCISES)
(5) Income tax returns or any document showing the financial capability of the applicant(s); (6)
Police clearance of applicant(s);
(7) Character reference from the local church/minister, the applicant's employer andamember of the
immediate community who have known the applicant(s) for at least 5years; and
(8) Recent postcard-size pictures of the applicant(s) and his immediate family.
The Rules of Court shall apply in case of adoption by judicial proceedings. (Section10, Republic Act
No. 8043, Inter-Country Adoption Act)
ii. Family selection/matching - No child shall be matched to a foreign adoptivefamilyunless it is

satisfactorily shown that the child cannot be adopted locally. The clearance, asissued by the Board,
with the copy of the minutes of the meetings, shall formpart of therecords of the child to be adopted.
When the Board is ready to transmit the Placement Authority to the authorized and accredited
inter-country adoption agency andall thetravel documents of the child are ready, the adoptive
parents, or any one of them, shall personally fetch the child in the Philippines. (Section 11,
Inter-Country AdoptionAct)
b. Who may adopt
Any alien or a Filipino citizen permanently residing abroad may file an applicationforinter-country
adoption of a Filipino child if he/she:
i. Is at least 27 years of age and at least 16 years older than the child to be adopted, at thetime of
application unless the adoptor is the parent by nature of the child to be adoptedorthe spouse of
such parent;
ii. If married, his/her spouse must jointly file for the adoption;
iii. Has the capacity to act and assume all rights and responsibilities of parental authorityunder his
national laws, and has undergone the appropriate counseling froman accreditedcounselor in his/her
country;
iv. Has not been convicted of a crime involving moral turpitude;
v. Is eligible to adopt under his/her national law;
vi. Is in a position to provide the proper care and support and to give the necessarymoral values and
example to all his children, including the child to be adopted; vii. Agrees to uphold the basic rights of
the child as embodied under Philippine laws, theUnited Nations (UN) Convention on the Rights of
the Child, and to abide by the rules andregulations issued to implement the provisions of this Act;
viii. Comes from a country with whom the Philippines has diplomatic relations
andwhosegovernment maintains a similarly authorized and accredited agency and that
adoptionisallowed under his/her national laws; and
ix. Possesses all the qualifications and none of the disqualifications provided hereinandinother
applicable Philippine laws. (Section 9, Inter-Country Adoption Act)

EXERCISES)
c. Who may be adopted
Only a legally free child may be the subject of inter-country adoption. In order that suchchild
may be considered for placement, the following documents must be submittedtotheBoard:
i. Child study;
ii. Birth certificate/foundling certificate;
iii. Deed of voluntary commitment/decree of abandonment/death certificate of parents; iv.
Medical evaluation/history;
v. Psychological evaluation, as necessary; and
vi. Recent photo of the child. (Section 8, Inter-Country Adoption Act)
3. Domestic Administrative Adoption and Alternative Child Care Act (Republic Act No. 11642)
a. Who may adopt - The following may adopt:
i. Any Filipino citizen at least 25 years of age, who is in possession of full civil capacityand legal
rights; has not been convicted of any crime involving moral turpitude; is of goodmoral character and
can model the same; is emotionally and psychologically capableof caring for children; at least 16
years older than the adoptee; and who is in a positiontosupport and care for adopted children in
keeping with the means of the family: Provided, That the requirement of 16-year difference between
the age of the adopter andtheadoptee may be waived when the adopter is the biological parent of the
adoptee, or is thespouse of the adoptee’s parent;
ii. The legal guardian with respect to the ward after the termination of the guardianshipand
clearance of financial accountabilities;
iii. The foster parent with respect to the foster child;
iv. Philippine government officials and employees deployed or stationed abroad: Provided, That they
are able to bring the child with them; and
v. Foreign nationals who are permanent or habitual residents of the Philippines for at least 5 years
possessing the same qualifications as above stated for Filipino nationals prior tothe filing of the
petition: Provided, That they come from a country with diplomatic
relations with the Republic of the Philippines and that the laws of the adopter’s countrywill
acknowledge the Certificate of Adoption as valid, acknowledge the child as alegal child of the
adopters, and allow entry of the child into such country as anadoptee: Provided, further, That
requirements of residency may be waived for the following:

EXERCISES)
(1) A former Filipino citizen, habitually residing in the Philippines, who seeks toadopt arelative
within the 4th civil degree of consanguinity or affinity; or
(2) One who seeks to adopt the legitimate child of the Filipino spouse; or
(3) One who is married to a Filipino citizen and seeks to adopt jointly with the spousearelative within
the 4th degree of consanguinity or affinity of the Filipino spouse.
Spouses shall jointly adopt, except in the following cases:
(1) If one spouse seeks to adopt the legitimate child of the other; or (2) If one spouse seeks to
adopt own illegitimate child: Provided, That the other spousehas signified consent thereto; or
(3) If the spouses are legally separated from each other. (Section 21, Republic Act No. 11642,
Domestic Administrative Adoption and Alternative Child Care Act)
b. Who may be adopted - The following may be adopted:
i. Any child who has been issued a Certificate Declaring a Child Legally AvailableforAdoption
(CDCLAA);
ii. The legitimate child of one spouse by the other spouse;
iii. An illegitimate child by a qualified adopter to improve status of legitimacy;
iv. A Filipino of legal age if, prior to the adoption, said person has been consistentlyconsidered and
treated by the adopters as their own child for a period of at least 3years;
v. A foster child;
vi. A child whose adoption has been previously rescinded;
vii. A child whose biological or adoptive parents have died: Provided, That noproceedings shall be
initiated within 6 months from the time of death of said parents; or
viii. A relative of the adopter. (Section 22, Domestic Administrative AdoptionandAlternative

Child Care Act)
c. Effects of adoption
i. Legitimacy - The adoptee shall be considered the legitimate child of the adopter for all intents and
purposes and as such is entitled to all the rights and obligations providedbylaw to legitimate children
born to them without discrimination of any kind. Tothis end, the adoptee is entitled to love, guidance,
and support in keeping with the means of the

EXERCISES)
family. The legitimate filiation that is created between the adopter and the adopteeshall be extended
to the adopter’s parents, adopter’s legitimate siblings, and legitimatedescendants.
The adopter is also given the right to choose the name by which the child is to be known, consistent
with the best interest of the child. (Section 41, Domestic AdministrativeAdoption and Alternative Child
Care Act)
ii. Parental authority - Upon issuance of the Order of Adoption, adoption shall ceaseasalternative
care and becomes parental care. Adoptive parents shall nowhave full parental authority over the
child. Except in cases where the biological parent is the spouseof theadopter, all legal ties between
the biological parents and the adoptee shall be severedandthe same shall then be vested on the
adopters.
In cases spouses jointly adopt or one spouse adopts the legitimate child of the other, joint parental
authority shall be exercised by the spouses. (Section 42, Domestic AdministrativeAdoption and
Alternative Child Care Act)
iii. Succession - In testate and intestate succession, the adopters and the adopteeshall have
reciprocal rights of succession without distinction from legitimate filiations. However, if the adoptees
and their biological parents have left a will, the lawon testamentarysuccession shall govern. (Section
43, Domestic Administrative Adoption and AlternativeChild Care Act)
d. Grounds for rescission of administrative adoption - The adoption may be rescindedonlyupon the
petition of the adoptee with the National Authority for Child Care (NACC), orwith the assistance of
the Social Welfare Development Officer (SWDO) if the adopteeisaminor, or if the adoptee is 18
years of age or over but who is incapacitated or by his or herguardian on any of the following
grounds committed by the adopter(s):
i. Repeated physical or verbal maltreatment by the adopter despite having undergonecounseling;
ii. Attempt on the life of the adoptee;
iii. Sexual abuse or violence; or
iv. Abandonment and failure to comply with parental obligations.
Adoption, being in the best interest of the child, shall not be subject to rescissionbytheadopter.
However, the adopter may disinherit the adoptee for causes providedinArticle919 of the Civil Code
of the Philippines. (Section 47, Domestic Administrative Adoptionand Alternative Child Care Act)

EXERCISES)
I. Support
1. What it comprises - Support comprises everything indispensable for sustenance, dwelling,

clothing, medical attendance, education and transportation, in keeping withthefinancial capacity of
the family.
The education of the person entitled to be supported referred to in the precedingparagraph shall
include his schooling or training for some profession, trade or vocation, even beyond the age of
majority. Transportation shall include expenses in goingtoandfrom school, or to and from place of
work. (Article 194, Family Code)
2. Who are obliged to give support
a. In general
i. The spouses;
ii. Legitimate ascendants and descendants;
iii. Parents and their legitimate children and the legitimate and illegitimate childrenof thelatter;
iv. Parents and their illegitimate children and the legitimate and illegitimate childrenof thelatter;
and
v. Legitimate brothers and sisters, whether of full or half-blood. (Article 195, FamilyCode)
b. Brothers and sisters not legitimately related, whether of the full or half-blood, arelikewise
bound to support each other to the full extent set forth in Article 194, except onlywhen the need
for support of the brother or sister, being of age, is due toacauseimputable to the claimant’s fault
or negligence. (Article 196, Family Code)
3. Source of support
a. For the support of legitimate ascendants; descendants, whether legitimate or illegitimate; and
brothers and sisters, whether legitimately or illegitimately related, only the separateproperty of the
person obliged to give support shall be answerable provided that incasethe obligor has no separate
property, the absolute community or the conjugal partnership,
if financially capable, shall advance the support, which shall be deducted fromtheshareof the spouse
obliged upon the liquidation of the absolute community or of the conjugal partnership. (Article 197,
Family Code)
b. During the proceedings for legal separation or for annulment of marriage, andfordeclaration of
nullity of marriage, the spouses and their children shall be supportedfromthe properties of the
absolute community or the conjugal partnership. After thefinal judgment granting the petition, the
obligation of mutual support between the spousesceases. However, in case of legal separation, the
court may order that the guiltyspouse

EXERCISES)
shall give support to the innocent one, specifying the terms of such order. (Article198, Family Code)
4. Order of support - Whenever two or more persons are obliged to give support, theliability shall
devolve upon the following persons in the order herein provided:
a. The spouse;
b. The descendants in the nearest degree;
c. The ascendants in the nearest degree; and
d. The brothers and sisters. (Article 199, Family Code)
5. Amount of support
a. When the obligation to give support falls upon two or more persons, the payment of thesame
shall be divided between them in proportion to the resources of each.
However, in case of urgent need and by special circumstances, the judge may order onlyone of
them to furnish the support provisionally, without prejudice to his right toclaimfrom the other
obligors the share due from them.
When two or more recipients at the same time claim support fromone andthesameperson legally
obliged to give it, should the latter not have sufficient means tosatisfyall claims, the order established
in the preceding article shall be followed, unless theconcurrent obligees should be the spouse and a
child subject to parental authority, inwhich case the child shall be preferred. (Article 200, Family
Code)
b. The amount of support, in the cases referred to in Articles 195 and 196, shall beinproportion to
the resources or means of the giver and to the necessities of the recipient. (Article 201, Family
Code)
6. Manner and time of payment
a. The obligation to give support shall be demandable from the time the person whohasaright to
receive the same needs it for maintenance, but it shall not be paid except fromthedate of judicial or
extrajudicial demand.
Support pendente lite may be claimed in accordance with the Rules of Court.
Payment shall be made within the first 5 days of each corresponding month. Whentherecipient dies,
his heirs shall not be obliged to return what he has received inadvance. (Article 203, Family Code)
b. The person obliged to give support shall have the option to fulfill the obligationeitherby paying
the allowance fixed, or by receiving and maintaining in the family dwellingthe

EXERCISES)
person who has a right to receive support. The latter alternative cannot be availedincasethere
is a moral or legal obstacle thereof. (Article 204, Family Code)
c. The right to receive support under this Title as well as any money or property obtainedas such
support shall not be levied upon on attachment or execution. (Article 205, FamilyCode)
d. When, without the knowledge of the person obliged to give support, it is givenbyastranger,
the latter shall have a right to claim the same from the former, unless it appearsthat he gave it
without intention of being reimbursed. (Article 206, Family Code)
7. Renunciation and termination - When the person obliged to support another unjustlyrefuses or
fails to give support when urgently needed by the latter, any third personmayfurnish support to the
needy individual, with a right of reimbursement fromthepersonobliged to give support. This Article
shall apply particularly when the father or mother of achild under the age of majority unjustly refuses
to support or fails to give support tothechild when urgently needed. (Article 207, Family Code)
8. Support pendente lite
a. Application - At the commencement of the proper action or proceeding, or at anytimeprior to the

judgment or final order, a verified application for support pendente litemaybefiled by any party stating
the grounds for the claim and the financial conditions of bothparties, and accompanied by affidavits,
depositions or other authentic documents insupport thereof. (Rule 61, Section 1, Rules of Court)
b. Support in criminal cases - In criminal actions where the civil liability includes support for the
offspring as a consequence of the crime and the civil aspect thereof has not beenwaived, reserved
and instituted prior to its filing, the accused may be ordered toprovidesupport pendente lite to the
child born to the offended party allegedly becauseof thecrime. The application therefor may be filed
successively by the offended party, herparents, grandparents or guardian and the State in the
corresponding criminal caseduringits pendency, in accordance with the procedure established under
this Rule. (Rule61, Section 6, Rules of Court)
c. Restitution - When the judgment or final order of the court finds that the personwhohas been
providing support pendente lite is not liable therefor, it shall order the recipient thereof to return to the
former the amounts already paid with legal interest fromthedatesof actual payment, without prejudice
to the right of the recipient to obtain reimbursement in a separate action from the person legally
obliged to give the support. Shouldtherecipient fail to reimburse said amounts, the person who
provided the same may likewiseseek reimbursement thereof in a separate action from the person
legally obligedtogivesuch support. (Rule 61, Section 7, Rules of Court)

EXERCISES)
9. Procedure in applications for support
a. Comment - A copy of the application and all supporting documents shall beservedupon the
adverse party, who shall have 5 days to comment thereon unless a different period is fixed by the
court upon his motion. The comment shall be verified andshall beaccompanied by affidavits,
depositions or other authentic documents in support thereof. (Rule 61, Section 2, Rules of Court)
b. Hearing - After the comment is filed, or after the expiration of the period for its filing, the
application shall be set for hearing not more than 3 days thereafter. The facts inissueshall be proved
in the same manner as is provided for evidence on motions. (Rule61, Section 3, Rules of Court)
c. Order - The court shall determine provisionally the pertinent facts, and shall rendersuch orders as
justice and equity may require, having the regard to the probable outcomeof the case and such other
circumstances as may aid in the proper resolutionof thequestion involved. If the application is granted,
the court shall fix the amount of moneytobe provisionally paid or such other forms of support as
should be provided, takingintoaccount the necessities of the applicant and the resources or means of
the adverseparty, and the terms of payment or mode for providing the support. If the application is
denied, the principal case shall be tried and decided as early as possible. (Rule 61, Section4, Rules
of Court)
d. Enforcement of order - If the adverse party fails to comply with an order grantingsupport
pendente lite, the court shall, motu proprio or upon motion; issue anorder of execution against him,
without prejudice to his liability for contempt.
When the person ordered to give support pendente lite refuses or fails to do so, anythirdperson who
furnished that support to the applicant may, after due notice and hearinginthe same case obtain a writ
of execution to enforce his right of reimbursement against theperson ordered to provide such
support. (Rule 61, Section 5, Rules of Court)
J. Parental authority
1. General provisions
a. Pursuant to the natural right and duty of parents over the person and property of
theirunemancipated children, parental authority and responsibility shall include the caringforand
rearing of such children for civic consciousness and efficiency and the development of their moral,
mental and physical character and well-being. (Article 209, Family Code)
b. Parental authority and responsibility may not be renounced or transferred except inthecases
authorized by law. (Article 210, Family Code)

EXERCISES)
c. The father and the mother shall jointly exercise parental authority over the personsof their
common children. In case of disagreement, the father’s decision shall prevail, unlessthere is a
judicial order to the contrary.
Children shall always observe respect and reverence towards their parents and are obligedto obey
them as long as the children are under parental authority. (Article 211, FamilyCode)
d. In case of absence or death of either parent, the parent present shall continue exercisingparental
authority. The marriage of the surviving parent shall not affect the parental authority over the
children, unless the court appoints another person to be the guardianof the person or property of the
children. (Article 212, Family Code)
e. In case of separation of the parents, parental authority shall be exercised by theparent

designated by the Court. The Court shall take into account all relevant considerations, especially the
choice of the child over 7 years of age, unless the parent chosen is unfit.
No child under 7 years of age shall be separated from the mother, unless the court
findscompelling reasons to order otherwise. (Article 213, Family Code)
f. In case of death, absence or unsuitability of the parents, substitute parental authorityshall

be exercised by the surviving grandparent. In case several survive, theonedesignated by the
court taking into account the same consideration mentionedinthepreceding article, shall
exercise the authority. (Article 214, Family Code)
g. No descendant shall be compelled, in a criminal case, to testify against his parents

andgrandparents, except when such testimony is indispensable in a crime against thedescendant or
by one parent against the other. (Article 215, Family Code)
2. Substitute parental authority - In default of parents or a judicially appointedguardian, the following

persons shall exercise substitute parental authority over the childintheorder indicated:
a. The surviving grandparent, as provided in Article 214;

b. The oldest brother or sister, over 21 years of age, unless unfit or disqualified; andc. The
child’s actual custodian, over 21 years of age, unless unfit or disqualified.
Whenever the appointment of a judicial guardian over the property of the childbecomesnecessary,
the same order of preference shall be observed. (Article 216, Family Code)
3. Special parental authority
a. In case of foundlings, abandoned, neglected or abused children and other childrensimilarly

situated, parental authority shall be entrusted in summary judicial proceedingsto

EXERCISES)
heads of children’s homes, orphanages and similar institutions duly accreditedbytheproper
government agency. (Article 217, Family Code)
b. The school, its administrators and teachers, or the individual, entity or institutionengaged in child
care shall have special parental authority and responsibility over theminor child while under their
supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether

insidethepremises of the school, entity or institution. (Article 218, Family Code)
c. Those given the authority and responsibility under the preceding Article shall beprincipally and
solidarily liable for damages caused by the acts or omissions of theunemancipated minor. The
parents, judicial guardians or the persons exercising substituteparental authority over said minor
shall be subsidiarily liable.
The respective liabilities of those referred to in the preceding paragraph shall not applyif it is proved
that they exercised the proper diligence required under the particularcircumstances.
All other cases not covered by this and the preceding articles shall be
governedbytheprovisions of the Civil Code on quasi-delicts. (Article 219, Family Code)
4. Effect of parental authority over the child's person
a. The parents and those exercising parental authority shall have with respect
totheirunemancipated children or wards the following rights and duties:
i. To keep them in their company, to support, educate and instruct themby right precept and good
example, and to provide for their upbringing in keeping with their means; ii. To give them love and
affection, advice and counsel, companionshipandunderstanding;
iii. To provide them with moral and spiritual guidance, inculcate in themhonesty, integrity,
self-discipline, self-reliance, industry and thrift, stimulate their interest incivicaffairs, and inspire in
them compliance with the duties of citizenship; iv. To enhance, protect, preserve and maintain their
physical and mental healthat all times;
v. To furnish them with good and wholesome educational materials, supervisetheiractivities,
recreation and association with others, protect them frombad company, andprevent them from
acquiring habits detrimental to their health, studies and morals; vi. To represent them in all matters
affecting their interests;
vii. To demand from them respect and obedience;
viii. To impose discipline on them as may be required under the circumstances; andix. To perform
such other duties as are imposed by law upon parents and guardians. (Article 220, Family Code)

EXERCISES)
b. Parents and other persons exercising parental authority shall be civilly liablefor theinjuries and
damages caused by the acts or omissions of their unemancipatedchildrenliving in their company
and under their parental authority subject to the appropriatedefenses provided by law. (Article 221,
Family Code)
c. The courts may appoint a guardian of the child’s property, or a guardian ad litemwhenthe best
interests of the child so require. (Article 222, Family Code)
d. The parents or, in their absence or incapacity, the individual, entity or institutionexercising parental
authority, may petition the proper court of the place where thechildresides, for an order providing for
disciplinary measures over the child. The childshall beentitled to the assistance of counsel, either of
his choice or appointed by the court, andasummary hearing shall be conducted wherein the
petitioner and the child shall be heard.
However, if in the same proceeding the court finds the petitioner at fault, irrespectiveof the merits of
the petition, or when the circumstances so warrant, the court may alsoorderthe deprivation or
suspension of parental authority or adopt such other measures as it maydeem just and proper.
e. The measures referred to in the preceding article may include the commitment of thechild for not
more than 30 days in entities or institutions engaged in child careor inchildren’s homes duly
accredited by the proper government agency.
The parent exercising parental authority shall not interfere with the care of thechildwhenever
committed but shall provide for his support. Upon proper petition or at its owninstance, the court
may terminate the commitment of the child whenever just andproper. (Article 224, Family Code)
5. Effects of parental authority over the child's property
a. The father and the mother shall, jointly exercise legal guardianship over the propertyof their
unemancipated common child without the necessity of a court appointment. Incaseof disagreement,
the father’s decision shall prevail, unless there is a judicial order tothecontrary.
Where the market value of the property or the annual income of the childexceedsP50,000.00, the
parent concerned shall be required to furnish a bond in such amount asthe court may determine, but
not less than 10% of the value of the property or annual income, to guarantee the performance of the
obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the proper court of theplacewhere the
child resides, or, if the child resides in a foreign country, in the proper court of the place where the
property or any part thereof is situated.

EXERCISES)
The petition shall be docketed as a summary special proceeding in which all incidentsand issues
regarding the performance of the obligations referred to in the secondparagraph of this Article shall
be heard and resolved.
The ordinary rules on guardianship shall be merely suppletory except when the childisunder
substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which case
the ordinary rules on guardianship shall apply. (Article 225, Family Code)
b. The property of the unemancipated child earned or acquired with his work or industryor by
onerous or gratuitous title shall belong to the child in ownership andshall bedevoted exclusively to
the latter’s support and education, unless the title or transferprovides otherwise.
The right of the parents over the fruits and income of the child’s property shall belimitedprimarily to
the child’s support and secondarily to the collective daily needs of thefamily. (Article 226, Family
Code)
c. If the parents entrust the management or administration of any of their properties

toanunemancipated child, the net proceeds of such property shall belong to the owner. Thechild
shall be given a reasonable monthly allowance in an amount not less thanthat which the owner
would have paid if the administrator were a stranger, unless theownergrants the entire proceeds to
the child. In any case, the proceeds thus given in wholeor inpart shall not be charged to the child’s
legitime. (Article 227, Family Code)
6. Suspension or termination of parental authority
a. Parental authority terminates permanently:
i. Upon the death of the parents;

ii. Upon the death of the child; or
iii. Upon emancipation of the child. (Article 228, Family Code) b. Unless subsequently revived by
a final judgment, parental authority also terminates:
i. Upon adoption of the child;

ii. Upon appointment of a general guardian;
iii. Upon judicial declaration of abandonment of the child in a case filed for the purpose; iv. Upon final
judgment of a competent court divesting the party concerned of parental authority; or
v. Upon judicial declaration of absence or incapacity of the person exercising parental authority.

EXERCISES)
c. Parental authority is suspended upon conviction of the parent or guardian exercisingthesame of
a crime which carries with it the penalty of civil interdiction. The authorityisautomatically reinstated
upon service of the penalty or upon pardon or amnestyof theoffender. (Article 230, Family Code)
d. The court in an action filed for the purpose or in a related case may alsosuspendparental
authority if the parent or the person exercising the same:
i. Treats the child with excessive harshness or cruelty;

ii. Gives the child corrupting orders, counsel or example;
iii. Compels the child to beg; or
iv. Subjects the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated above are deemed to include cases which have resultedfromculpable
negligence of the parent or the person exercising parental authority.
If the degree of seriousness so warrants, or the welfare of the child so demands, thecourt shall
deprive the guilty party of parental authority or adopt such other measures as maybeproper under
the circumstances.
The suspension or deprivation may be revoked and the parental authority revivedinacase filed
for the purpose or in the same proceeding if the court finds that thecausetherefor has ceased
and will not be repeated. (Article 231, Family Code)
e. If the person exercising parental authority has subjected the child or

allowedhimtobesubjected to sexual abuse, such person shall be permanently deprived by the
court of suchauthority. (Article 232, Family Code)
f. The person exercising substitute parental authority shall have the same authorityoverthe
person of the child as the parents.
In no case shall the school administrator, teacher or individual engaged in childcareexercising

special parental authority, inflict corporal punishment upon the child. (Article233, Family Code)
K. Emancipation
1. Cause of emancipation - Emancipation takes place by the attainment of majority. Unless

otherwise provided, majority commences at the age of 18 years. (Article234, Family Code, as
amended by Republic Act No. 6809)
2. Effect of emancipation - Emancipation for any cause shall terminate parental authorityover the
person and property of the child who shall then be qualified and responsibleforall acts of civil life,
save the exceptions established by existing laws in special cases.

EXERCISES)
Contracting marriage shall require parental consent until the age of 21.
Nothing in this Code shall be construed to derogate from the duty or responsibilityof parents and
guardians for children and wards below 21 years of age mentioned inthe2ndand 3rd paragraph of
Article 2180 of the Civil Code. (Article 236, Family Code, asamended by Republic Act No. 6809)
L. Retroactivity of the Family Code
This Code shall have retroactive effect insofar as it does not prejudice or impair
vestedoracquired rights in accordance with the Civil Code or other laws. (Article 256,
FamilyCode)
III. SUCCESSION
58
III. SUCCESSION
A. General provisions
1. Definition of succession - Succession is a mode of acquisition by virtue of whichtheproperty,

rights and obligations to the extent of the value of the inheritance, of apersonare transmitted
through his death to another or others either by his will or by operationof law. (Article 774, Civil
Code)
2. Commencement of succession - The rights to the succession are

transmittedfromthemoment of the death of the decedent. (Article 777, Civil Code)
3. Kinds of successors
a. Heir - It is a person called to the succession either by the provision of a will or byoperation of
law. (Article 782, Civil Code)
i. Compulsory heirs
(1) Legitimate children and descendants, with respect to their legitimate parents andascendants;
(2) In default of the foregoing, legitimate parents and ascendants, with respect totheirlegitimate
children and descendants;
(3) The widow or widower;
(4) Acknowledged natural children, and natural children by legal fiction; (5) Other illegitimate
children referred to in Article 287 (now governed by Article177of the Family Code). (Article 887, Civil
Code)
b. Devisees - They are persons to whom gifts of real property are respectively givenbyvirtue of a
will. (Article 782, Civil Code)
c. Legatees - They are persons to whom gifts of personal property are respectively givenbyvirtue of
a will. (Id.)
B. Testamentary succession
1. Wills
a. Definition - A will is an act whereby a person is permitted, with the formalitiesprescribed by law, to
control to a certain degree the disposition of his estate, to takeeffect after his death. (Article 783, Civil
Code)
THE 2022 BAR BEATLES NOTES SUCCESSION59

EXERCISES)
b. Qualifications of testators
i. The testator must be of legal age;

ii. He must be of sound mind. (Articles 796-798, Civil Code)
c. General requisites of a will
i. Every will must be in writing; and

ii. Executed in a language or dialect known to the testator. (Article 804, Civil Code) d. Kinds
Holographic w Notarial will
A person may execute a holographicwhich will

must be entirely written, dated,signed by th Every will, other than a holographicwill, and
hand of the testator himself.is subject to no must be subscribed at the end It
other form, andmade in or out of the the testator himself or by the testator's may
Philippines, andnot be witnessed. (Article written by some other personinhis need
810, Civil Code) presence, and by his express direction,atte
and subscribed by 3
credible witnesses in the presenceoftestato
and of one another. witnessed and signed
the will andall
The testator or the person requestedby
In the probate of a holographic will, it shallb of the
necessary that at least 1 witness whoknows to write his name and the instrum
handwriting and signaturetestator explicitly will and
that thethe signature are in the handwritingt witnesses of the will, shall alsosign,
If the will is contested, at leastsuch witness of the
be required. aforesaid, each and every p
3 of
In the absence of any competent witnessre except the last, on the left margin, andallthe
the preceding paragraph,if the court deem i shall be numbered correlativelyin letters pla
necessary, experttestimony may be resorte the upper part of eachpage.
(ArticleCivil Code)
and
The attestation shall state the n
In holographic wills, the dispositionstestato 811,

below his signature must bedated and signe pages used upon which the will is written,a
order to makethem valid as testamentary fact that the testator signedthewilland every
dispositions.(Article 812, Civil Code) thereof, or causedsome
of the
other person to write his name,
underexpress direction, in the presenceof
instrumental witnesses, and that thelatt
thereof by
name
and
or more
the
as
thereof,
of
his
the
the

When a number of dispositions appearingin pages thereof in the presence of thetestato
holographic will are signedbeing dated, and one another. (Article 805, Civil
last dispositionsignature and a date, such d
validatesdispositions preceding it, whatever without
betime of prior dispositions. (ArticleCode) Code)
has a
the
the
813, Civil
In case of any insertion, cancellation,erasu Every will must be

alteration in a holographicthe testator must acknowledgedbeforeanotary public by the
authenticate thehis full signature. (Article 81 testator andthe
Civil Code) witnesses. The notary public shall
will,
required to retain a copy of the w
same by
another with the Office of the
Court. (Article 806, Civil Code)
Clerkof
e. Revocation
i. A will may be revoked by the testator at any time before his death. Any waiver orrestriction of this
right is void. (Article 828, Civil Code)
ii. A revocation done outside the Philippines, by a person who does not have his domicilein this
country, is valid when it is done according to the law of the place where thewill was made, or
according to the law of the place in which the testator had his domicileat the time; and if the
revocation takes place in this country, when it is in accordancewiththe provisions of this Code. (Article
829, Civil Code)
iii. When a will cannot be revoked
(1) By implication of law; or

(2) By some will, codicil, or other writing executed as provided in case of wills; or (3) By burning,
tearing, cancelling, or obliterating the will with the intention of revokingit, by the testator himself, or
by some other person in his presence, and by his expressdirection. If burned, torn, cancelled, or
obliterated by some other person, without theexpress direction of the testator, the will may still be
established, and the estate distributedin accordance therewith, if its contents, and due execution,
and the fact of itsunauthorized destruction, cancellation, or obliteration are established
accordingtotheRules of Court. (Article 830, Civil Code)
f. Revival and republication of wills
i. The testator cannot republish, without reproducing in a subsequent will, the

dispositionscontained in a previous one which is void as to its form. (Article 835, Civil Code)

EXERCISES)
ii. The execution of a codicil referring to a previous will has the effect of
republishingthewill as modified by the codicil. (Article 836, Civil Code)
iii. If after making a will, the testator makes a second will expressly revoking the first, therevocation of
the second will does not revive the first will, which can be revivedonlybyanother will or codicil. (Article
837, Civil Code)
g. Codicil - A codicil is supplement or addition to a will, made after the executionof awill and
annexed to be taken as a part thereof, by which disposition made in the original will is explained,
added to, or altered. (Article 825, Civil Code)
h. Incorporation by reference - If a will, executed as required by this Code, incorporatesinto itself

by reference any document or paper, such document or paper shall not beconsidered a part of
the will unless the following requisites are present:
i. The document or paper referred to in the will must be in existence at the timeof theexecution of
the will;
ii. The will must clearly describe and identify the same, stating among other things thenumber of
pages thereof;
iii. It must be identified by clear and satisfactory proof as the document or paper referredto
therein; and
iv. It must be signed by the testator and the witnesses on each and every page, except incase of
voluminous books of account or inventories. (Article 827, Civil Code)
2. Institution of heirs (including declaration of heirship as decided in Treyes v. Larlar,
G.R. No. 232579, September 8, 2020)
a. Concept - Institution of heir is an act by virtue of which a testator designates inhis will the person
or persons who are to succeed him in his property and transmissible rights andobligations. (Article
840, Civil Code)
b. A will shall be valid even though it should not contain an institution of an heir, or suchinstitution
should not comprise the entire estate, and even though the person soinstitutedshould not accept
the inheritance or should be incapacitated to succeed.
In such cases the testamentary dispositions made in accordance with lawshall becomplied with and
the remainder of the estate shall pass to the legal heirs. (Article841, Civil Code)
c. One who has no compulsory heirs may dispose by will of all his estate or any part of it in favor of
any person having capacity to succeed.

One who has compulsory heirs may dispose of his estate provided he does not contravenethe
provisions of this Code with regard to the legitime of said heirs. (Article 842, Civil Code)
d. The testator shall designate the heir by his name and surname, and when there aretwopersons
having the same names, he shall indicate some circumstance by whichtheinstituted heir may be
known.
Even though the testator may have omitted the name of the heir, should he designatehimin such
manner that there can be no doubt as to who has been instituted, the institutionshall be valid.
e. An error in the name, surname, or circumstances of the heir shall not vitiatetheinstitution when
it is possible, in any other manner, to know with certainty thepersoninstituted.
If among persons having the same names and surnames, there is a similarityof circumstances in
such a way that, even with the use of the other proof, thepersoninstituted cannot be identified, none
of them shall be an heir. (Article 844, Civil Code)
f. Every disposition in favor of an unknown person shall be void, unless by some event
orcircumstance his identity becomes certain. However, a disposition in favor of a definiteclass or
group of persons shall be valid. (Article 845, Civil Code)
g. Heirs instituted without designation of shares shall inherit in equal parts. (Article846, Civil Code)
h. When the testator institutes some heirs individually and others collectively as whenhesays, "I
designate as my heirs A and B, and the children of C," those collectivelydesignated shall be
considered as individually instituted, unless it clearly appears that theintention of the testator was
otherwise. (Article 847, Civil Code)
i. If the testator should institute his brothers and sisters, and he has some of full
bloodandothers of half blood, the inheritance shall be distributed equally unless a different
intentionappears. (Article 848, Civil Code)
j. When the testator calls to the succession a person and his children they are all deemedto have
been instituted simultaneously and not successively. (Article 849, Civil Code)
k. The statement of a false cause for the institution of an heir shall be consideredas not written,
unless it appears from the will that the testator would not have madesuchinstitution if he had known
the falsity of such cause. (Article 850, Civil Code)

EXERCISES)
l. If the testator has instituted only one heir, and the institution is limited to an aliquot part of the
inheritance, legal succession takes place with respect to the remainder of theestate.
The same rule applies if the testator has instituted several heirs, each being limitedtoanaliquot
part, and all the parts do not cover the whole inheritance. (Article 851, Civil Code)
m. If it was the intention of the testator that the instituted heirs should become soleheirstothe whole
estate, or the whole free portion, as the case may be, and each of themhasbeen instituted to an
aliquot part of the inheritance and their aliquot parts together donot cover the whole inheritance, or
the whole free portion, each part shall be increasedproportionally. (Article 852, Civil Code)
n. If each of the instituted heirs has been given an aliquot part of the inheritance, andtheparts
together exceed the whole inheritance, or the whole free portion, as the casemaybe, each part shall
be reduced proportionally. (Article 853, Civil Code)
o. Preterition - The preterition or omission of one, some, or all of the compulsory heirsinthe direct line,
whether living at the time of the execution of the will or bornafter thedeath of the testator, shall annul
the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious.
If the omitted compulsory heirs should die before the testator, the institutionshall beeffectual,
without prejudice to the right of representation. (Article 854, Civil Code)
p. The share of a child or descendant omitted in a will must first be taken fromthepart of the estate
not disposed of by the will, if any; if that is not sufficient, so much as maybenecessary must be taken
proportionally from the shares of the other compulsoryheirs. (Article 855, Civil Code)
q. A voluntary heir who dies before the testator transmits nothing to his heirs.
A compulsory heir who dies before the testator, a person incapacitated to succeed, andone who
renounces the inheritance, shall transmit no right to his own heirs except incases expressly
provided for in this Code. (Article 856, Civil Code)
r. Declaration of heirship
BAR CHAIR’S CORNER: Unless there is a pending special proceedingfor

the settlement of the decedent's estate or for the determination of heirship, the
compulsory or intestate heirs may commence an ordinary civil actiontodeclare the
nullity of a deed or instrument, and for recovery of property, orany other action in the
enforcement of their ownership rights acquiredbyvirtue of succession, without the
necessity of a prior and separate judicial

EXERCISES)
declaration of their status as such. (Treyes v. Larlar, G. R. No. 232579, 8 September 2020, Ponente:
Caguioa, J.)
3. Substitution of heirs
a. Concept - Substitution is the appointment of another heir so that he may enter

intotheinheritance in default of the heir originally instituted. (Article 857, Civil Code)
b. Kinds
i. Simple or common;
ii. Brief or compendious;
iii. Reciprocal; or
iv. Fideicommissary. (Article 858, Civil Code)
c. Rules in fideicommissary substitution
i. A fideicommissary substitution by virtue of which the fiduciary or first heir institutedisentrusted with
the obligation to preserve and to transmit to a second heir the wholeor part of the inheritance, shall
be valid and shall take effect, provided such substitutiondoes not go beyond one degree from the heir
originally instituted, and provided further, that thefiduciary or first heir and the second heir are living at
the time of the death of the testator. (Article 863, Civil Code)
ii. A fideicommissary substitution can never burden the legitime. (Article 864, Civil Code)
iii. Every fideicommissary substitution must be expressly made in order that it maybevalid.
The fiduciary shall be obliged to deliver the inheritance to the second heir, without otherdeductions
than those which arise from legitimate expenses, credits and improvements, save in the case where
the testator has provided otherwise. (Article 865, Civil Code)
iv. The second heir shall acquire a right to the succession from the time of the testator'sdeath, even
though he should die before the fiduciary. The right of the secondheir shall pass to his heirs. (Article
866, Civil Code)
v. The following shall not take effect:
(1) Fideicommissary substitutions which are not made in an express manner, either bygiving them
this name, or imposing upon the fiduciary the absolute obligationtodeliverthe property to a second
heir;

EXERCISES)
(2) Provisions which contain a perpetual prohibition to alienate, and even a temporaryone, beyond
the limit fixed in article 863;
(3) Those which impose upon the heir the charge of paying to various personssuccessively, beyond
the limit prescribed in article 863, a certain income or pension; (4) Those which leave to a person the
whole part of the hereditary property in order that he may apply or invest the same according to
secret instructions communicatedtohimbythe testator. (Article 867, Civil Code)
vi. The nullity of the fideicommissary substitution does not prejudice the validityof theinstitution
of the heirs first designated; the fideicommissary clause shall simplybeconsidered as not written.
4. Conditional testamentary dispositions and those with a term
a. The institution of an heir may be made conditionally, or for a certain purpose or cause. (Article
871, Civil Code)
b. The testator cannot impose any charge, condition, or substitution whatsoever uponthelegitimes
prescribed in this Code. Should he do so, the same shall be consideredas not imposed. (Article 872,
Civil Code)
c. Impossible conditions and those contrary to law or good customs shall be consideredasnot
imposed and shall in no manner prejudice the heir, even if the testator shouldotherwise provide.
d. An absolute condition not to contract a first or subsequent marriage shall be consideredas not
written unless such condition has been imposed on the widowor widower bythedeceased spouse,
or by the latter's ascendants or descendants.
Nevertheless, the right of usufruct, or an allowance or some personal prestationmaybedevised

or bequeathed to any person for the time during which he or she shouldremainunmarried or in
widowhood. (Article 874, Civil Code)
e. Any disposition made upon the condition that the heir shall make some provisioninhiswill in
favor of the testator or of any other person shall be void. (Article 875, Civil Code)
f. Any purely potestative condition imposed upon an heir must be fulfilled by himas soonas he
learns of the testator's death.
This rule shall not apply when the condition, already complied with, cannot be fulfilledagain. (Article
876, Civil Code)
g. If the condition is casual or mixed, it shall be sufficient if it happens or be fulfilledat any time
before or after the death of the testator, unless he has provided otherwise.

EXERCISES)
Should it have existed or should it have been fulfilled at the time the will was executedand the
testator was unaware thereof, it shall be deemed as complied with.
If he had knowledge thereof, the condition shall be considered fulfilled only whenit isof such a
nature that it can no longer exist or be complied with again. (Article 877, Civil Code)
h. A disposition with a suspensive term does not prevent the instituted heir fromacquiringhis
rights and transmitting them to his heirs even before the arrival of the term. (Article878, Civil
Code)
i. If the potestative condition imposed upon the heir is negative, or consists in not doingornot giving
something, he shall comply by giving a security that he will not do or givethat which has been
prohibited by the testator, and that in case of contravention he will returnwhatever he may have
received, together with its fruits and interests. (Article 879, Civil Code)
j. If the heir be instituted under a suspensive condition or term, the estate shall beplacedunder
administration until the condition is fulfilled, or until it becomes certainthat it cannot be fulfilled, or
until the arrival of the term.
The same shall be done if the heir does not give the security required in the precedingarticle.
k. The appointment of the administrator of the estate mentioned in the precedingarticle, as well as
the manner of the administration and the rights and obligations of theadministrator shall be
governed by the Rules of Court. (Article 881, Civil Code)
l. The statement of the object of the institution, or the application of the propertyleft bythe testator, or
the charge imposed by him, shall not be considered as a conditionunlessit appears that such was
his intention.
That which has been left in this manner may be claimed at once providedthat theinstituted heir or
his heirs give security for compliance with the wishes of the testator andfor the return of anything
he or they may receive, together with its fruits and interests, if heor they should disregard this
obligation. (Article 882, Civil Code)
m. When without the fault of the heir, an institution referred to in the precedingarticlecannot
take effect in the exact manner stated by the testator, it shall be compliedwithinamanner
most analogous to and in conformity with his wishes.

If the person interested in the condition should prevent its fulfillment, without thefault of the heir, the
condition shall be deemed to have been complied with. (Article 883, Civil Code)
n. Conditions imposed by the testator upon the heirs shall be governed by therulesestablished for
conditional obligations in all matters not provided for by this Section. (Article 884, Civil Code)
o. The designation of the day or time when the effects of the institution of anheir shall commence or
cease shall be valid.
In both cases, the legal heir shall be considered as called to the succession until thearrival of the
period or its expiration. But in the first case he shall not enter into possessionof theproperty until
after having given sufficient security, with the intervention of the institutedheir. (Article 885, Civil
Code)
5. Legitime
a. Concept - Legitime is that part of the testator's property which he cannot disposeof because the
law has reserved it for certain heirs who are, therefore, called compulsoryheirs. (Article 886, Civil
Code)
b. Rules on legitime
Illustration THE 2022 BAR
BEATLES NOTES
SUCCESSION68

Parent or ascendant only
NOTE: The legitime reservedforlegitimate

parents shall be dividedbetweenthem equa
if one of the parentshave died, the whole sh
passsurvivor.
If the testator leaves neither fathermother, b

survived by ascendantsequal degree of the
paternal andmaternallines, the legitime sha
dividedequallybetween both lines. If the
ascendantsshould be of different degrees, i
shallpertain entirely to the ones nearestdeg
either line. (Article 890, CivilCode)
Surviving spouse and 1

legitimatedescendant (Article 892, Civil
Code)
NOTE: In case of a legal separation,survivi

spouse may inherit if it wasdeceased who h
given causesame. (Id.)
Surviving spouse and 2 legitimate(Id.)
the
should
tothe
nor
of
in
childor
the
the
for the
children

Surviving spouse and parent(s) orascendan
but no children or descendant(Article 893, C
Code)
Surviving spouse and illegitimate(Article
894, Civil Code)
Illegitimate children and parent(s) orascend

children

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CIVIL LAW (AND PRACTICAL

EXERCISES) THE 2022 BAR

NO. 2-a, SERIES OF 2022) CIVIL LAW (AND PRACTICAL EXERCISES)

A. Effect and application of

II. PERSONS AND FAMILY RELATIONS

A. Persons..................................................................................................................................... 111. Civil

CIVIL LAW (and practical exercises)

THE 2022 BAR BEATLES NOTES TABLE OF CONTENTSii

CIVIL LAW (and practical exercises)

A. Nature and form....................................................................................................................1461.

THE 2022 BAR BEATLES NOTES TABLE OF CONTENTSiii

CIVIL LAW (and practical exercises)

A. General provisions............................................................................................................... 160B.

A. General provisions............................................................................................................... 162B.

A. Nature, form and kinds........................................................................................................ 190B.

IX. CREDIT TRANSACTIONS

X. TORTS AND DAMAGES

THE 2022 BAR BEATLES NOTES TABLE OF CONTENTSiv

CIVIL LAW (and practical exercises)

CIVIL LAW (and practical exercises)

Originally included in the 2022 Bar Syllabus:

A. Personal Property Securities (Republic Act No. 11057)

III. LAND TITLES AND DEEDS

A. Torrens System; general principles............................................................................292B.

THE 2022 BAR BEATLES NOTES TABLE OF CONTENTSvi

CIVIL LAW (and practical exercises)

IV. PRACTICAL EXERCISES

A. Demand and authorization letters...................................................................................... 308B.

THE 2022 BAR BEATLES NOTES TABLE OF CONTENTSvii

CIVIL LAW (AND PRACTICAL EXERCISES)

A. Effect and application of laws

1. When law takes effect

(1) Defective but does not render the law invalid.

THE 2022 BAR BEATLES NOTES PRELIMINARY TITLE 3

CIVIL LAW (AND PRACTICAL

3. Mandatory or prohibitory laws

i. When the law itself authorizes the validity of the act.

b. Requisites for valid waiver

i. The person must actually have the right which he renounces;

THE 2022 BAR BEATLES NOTES PRELIMINARY TITLE 4

CIVIL LAW (AND PRACTICAL EXERCISES)

6. Computation of legal periods - ”Year” shall be understood to be twelve calendarmonths; “month”

7. Conflict of laws rules

CIVIL LAW (AND PRACTICAL

1. Norm of human conduct

2. Breach of promise to marry

i. When there is seduction

CIVIL LAW (AND PRACTICAL

3. Accion in rem verso

i. Defendant has been enriched;

4. Liability for damages committed by public officers

CIVIL LAW (AND PRACTICAL

c. The refusal or omission of a public official is attributable to malice or

a. Concept - Unfair competition in agricultural, commercial or industrial enterprises or inlabor

6. Civil liability arising from crime

CIVIL LAW (AND PRACTICAL EXERCISES)

7. Civil actions which may proceed independently of the criminal action

i. Waives the civil action;

Prejudicial questions, which must be decided before any criminal prosecutionmaybeinstituted or

II. PERSONS AND FAMILY RELATIONS

CIVIL LAW (AND PRACTICAL EXERCISES)

ii. Restrictions and limitations