09/2/20

Marriage License can be filed online.(Check if there's regulation)

 Marriage Ceremony cannot be done online.
 Marriage certificate is not a pre-requisite.

 The Philippines follows the lex loci celebrationis rule.

 Lex Loci celebrationis relates to the law of the place of the ceremony or the law of the place
where a contract is made

 Presumptive death requisites:

 1) Ground for diligent search of the person
 2) absent for 4 consecutive years 
 (if not extra-ordinary death)
 or 2 years (if extra-ordinary death - refer to Art 391 of CC)
 In order to remarry, file for a Certification of Presumptive Death
 Note that in presumptive death (PD), even if the present spouse can remarry, his/her first
marriage is still valid. PD only suspends marriage, it does not nullify/annul the first marriage.
 
 Requisites of the Validity of First Marriage upon Re-appearance
 1) File an affidavit of re-appearance and register it in the civil registrar
 2) Notify the both parties of second marriage

Declaration of Nullity - VOID MARRIAGE (Art. 39)

Annulment - VOIDABLE MARRIAGE (Valid until Annulled - Art. 45)

 For psychological incapacity, need to consult a psychiatrist.

09/4/20
NOTES
VOID MARRIAGES

Article 38 of FC - Void Marriages for Reasons of Public Policy

 If blood related, or legitimate child (despite adopted) cannot marry.
Art. 38(9), FC
Intent to kill
Intent to marry woman
Conviction is not necessary

 Locus Standi = legal standing to question

 Void Marriage issues = anyone, even when a spouse is dead (Ninal vs Bayadog)
 Voidable Marriage issues = only either spouse, and only before deathof either spouse
 Void marriages = illegitimate children except:
 1. Void due to psycho incap
 2. Void due to declaration of nullity is not registered (marriage is still void)   

Maternal preference = if illegitimate and below 8, child goes to mom, except circumstances that
affects the welfare of the child

Note the effectivity of Family Code for the determination of the regime for separation of marriage
 Before FC - conjugal property
 FC and onwards - absolute community of property

article 148 - not equal co ownership,??

artile 147 - special co ownership 
House = parent with whom the child/children stay
 
article 40: nullity where you can remarry
article 50: marriages declared void ab initio under 40

void marriage:147?Dino148legalimpediment

Art 147 and 148 discussed in Carino vs Carino

Forfeiture Clause = the share of the net profits of the spouse in bad faith shall be forfeited in favour
of the common children (Art. 43 (2), FC). 
Ipso Jure = automatic by law deemed revoked 
Donee not in bad faith = remain (valid)
Donee in bad faith =canceled (invalid)
VOIDABLE MARRIAGE

Void and Voidable is similar in the sense that the ground occurs at the time of the celebration of
marriage.
No. No grounds are allowed when it's after marriage. Psychological incapacity is not a ground after
marriage.
Correct, for PI to be a ground for void, it must exist before marriage, even when it only manifested
after marriage.And it needs to be certified/confirmed by a psychiatrist. Note that for PI, we have a
prescriptive period of 10 years per Art. 39 of FC.

Voidable Marriages can be ratified by cohabitation. 

Question: Do we have prescriptive period for cohabitation for ratification of voidable marriages?
Answer: court will decide?
Question: Who knows any case relating to this issue? Maybe we need to know how did the court
interpret/resolve the case.

Q: Can someone define again the definition of Voidable Marriage and Void Marriage. 
voidable=valid until annuled
void = not valid from the start (void ab initio)

Q: the exceptions ba, the children are legitimate na?

Yes

5 years diba?  What article? This is for the marriage license, diba? Yes the 5 years cohabitation is for
the exemption of marriage license.

5 years AND must have no legal impediment within the 5 years (is this the cohabitation for
exemption of marriage license or are you referring to the cohabitation that can ratify voidable
marriage?) [emphasis is noted]

legal impediment = kasal ka before, etc.

 If only one is below 21 - only he or she can raise the argument of voidable marriage
  -innocent spouse doctrine
 
Note: One difference bet. void and voidable is that: 
    Void - both spouses, even other parties,can bring the action/argument of the marriage
    Voidable - only the innocent spouse can raise such action/argument 
 
 
Both unsound mind - can have action to annul. presumption is everyone is of sound mind. 

Estoppel = cannot assert something contrary to previous assertion. In short,

WALANG BAWI-AN.

Prescriptive period:
    Parental authority - within 5 years after attaining 21
    Insanity - before either of the spouses died 
    
cohabitation doctrine = ratified only if there's recovery from insanity (but only the  previously insane
spouse, not the estoppeled one)

fraud - the innocent party (victim) can bring the issue or validity of marriage within 5 years after
discovery. 
UNLESS, 1 year after you discovered the fraud, you still cohabited. so basically you cant pa annul
after 1 year of knowing? If you lived with him/her for a year after knowing, YES.

(in short, if nailad ka tas nagpakasal ka, ayaw pakigpuyo the moment nakaibaw ka. balhin dayun,
then ma cover ka sa 5 years to annul the marriage. If you still live together, 1 year later ratified na
imo kasal and di na pwede ma annul. 

Almerol vs RTC = homosexuality is not a grounds for voidable marriage per se, but its concealment
 
Fraud = discovery does not always mean disclosure, sometimes even if there's no disclosure but the
fraud was clear, then not doing anything about it ratifies the marriage
Concealment = voluntary action
Due influence = there's choice or legal grounds
undue influence = there's no choice/1 choice is so unfair you can't choose it
 
 1. Void due to psycho incap
 2. Void due to declaration of nullity is not registered (marriage is still void)   

Maternal preference = if illegitimate and below 8, child goes to mom, except circumstances that
affects the welfare of the child
Note the effectivity of Family Code for the determination of the regime for 
House = parent with whom the child/children stay

9/9/2020

Notes:
 Void, Voidable, Legal Separation are all exclusive. Grounds should also have evidence that it is
clear and convincing (not beyond reasonable doubt)
 Homosexuality is a ground for annulment of marriage if concealed at the time of the marriage.
 Insanity is not a ground for legal separation
 Physically incapable of consummating the marriage (Art. 45, FC) does not pertain to
impotency alone. Impotency only pertains to men not having erection.
 Infertility is not a ground for marriage termination.
 Noncohabitation is not a ground also, it will be relevant only when a child below 21 cohabits...

Physical incapacity vs Psychological incapacity - when a couple got married and the husband
cannot have sex with his wife because it looks like his mother, hence no erection occurs, but he is not
impotent. This is a ground for nullity (under psychological incapacity) and not annulment (physical
incapacity).

 Triennial cohabitation
        - if your wife is still a virgin after 3 years of 0cohabitation, the principle of impotency is
overturned; meaning, the husband is impotent.
        - It is a rule of presumption whereby a husband is deemed to be impotent should the marriage
remain unconsummated after a cohabitation of at least three (3) years. Otherwise put, should the wife
remain a virgin after at least three (3) years of living together with her husband, the latter is deemed
to be impotent. This rule may also be referred to as the "rule on non-coitus.
                  
 Article 47 (4) and (5) - prescriptive period is 5 YEARS from the time of the celebration of
marriage and NOT from the time it was discovered AND these cannot be ratified by cohabitation.

EFFECTS
 Property regime - absolute community of property
 Voidable Marriage - action can only be valid during the lifetime of the parties
 Children are legitimate (7 years)
 In void - illegitimate = mother
 All other marriages that are void refer to Art. 47 and Art. 48 except for the subsequent marriage
which did not perform declaration as defined in Art. 53. Hence, for the latter apply Art. 43
 Subsequent Marriage that is Valid - presumption of death (but can be terminated anytime upon
reapperance)
 Subsequent Marriage VOID - no registration
 Only the surviving spouse can inherit. 
 If a spouse is a guilty spouse, he forfeits his share in the NET PROFITS (note: only the net
profits and not all his shares)
 Property Regime for Void marriages (Art. 147-148, FC)

ACP - absolute community of property

CPG-Conjugal Partnership of Gains

Parental preference of custody

213 of the family code

Intestate- inheritance by operation of law

Voidable - ground happened at the time of the celebration of marriage

LEGAL SEPARATION
Divorce wherein the grounds happened during the marriage. You are still married only that you lived
in a different home.
You cannot remarry.
Divorce is only applicable to mixed marriages (i.e., foreigner or naturalized) and solemnized under
Muslim Law.
pari delicto - in equal fault

09/11/20

Notes 
REMEDIES SHORT FOR FILING OF LEGAL SEPARATION:
Protection Order - File through RA 9262 (VAWC) 16 days
-Use this if you don't want to go through legal separation but wants to protect yourself from your
abusive husband.

 
BPO (15 days) > TPO > PPO
*You cannot apply for TPO and PPO without securing BPO first. Can only apply after expiration.

BPO - barangay protection order (brgy. application)

TPO - temporary protection order (court application)
PPO - permanent protection order (court application)

Legal Separation only needpreponderance of evidence

Abandonment vs de facto separation (Art. 100, FC)

de facto separation - sepration without legal action or not going thru the court (complicated na
buwag, buwag na dili diay).

Constructive abandonment = you do not allow the other partner back to your life

6 months = cooling off period to resolve conflict

Exemptions: repeated physical violence

Deny Legal Separation

1. Condonation or consent of innocent spouse - like a pardon after the grounds of legal consent
(abused, abandoned, addiction, homosexuality)

Implied condonation - left spouse, needed financial support cohabited with another man. the spouse
did not file a case the 5 years prescriptive period, therefore cannot file a case. 

2 types:
1. Implied condonation = acts that even when knowing, do nothing. (boracay case, 7 years after
case, etc.)
Express condonation = in writing

2. Consent = agreed before action happened. 

Adultery = continuing crime, legal separation is grounded on the last crime of occurence (not
discovery)

connivance between parties = covers open relationship (orgy, wife swapping, threesomes, etc) both
guilty - in pari delicto; made grounds to make it happen

Collusion = lying as if something happened (i.e., cheated) where in fact it did not happened; no
grounds for such issue

EFFECTS:
 There is no severance of the marriage (only mensa et toro; bed and board)
still subject to adultery (woman) and/or concubinage (man)
Can be charged with concubinage if he lives with the mistress.

Legitimate Child = born within the confines of marriage

Maternal preference rule = child custody of kids below 7 should go to mama (with excemptions
which are compelling reasons.)

Importance of Legal Separation = 

Separation of property (divided equally)
If wife cheated, net profit goes to children

Net profit = (FC 102 (4)) increase of value in property 

Donations
 if Donee is guilty spouse in annulment of marriage, autorevoked
 If in Legal Separation - need to go to court 
 Legal Separation - only between husband and wife
 Legal Separation DECREE is needed for Legal Separation to take effect (including effects on
properties)
 Death of spouse = nullifies the process of getting legal separation decree, thus as if no legal
separation happened
 Workaround = Disinherit in Last Will
Unmarried mother = illegitimate child
Married mother = legitimate child

Reconciliation
- only need manifestation under oath of reconciliation

Res judicata - unable to revive when there's a final judgment by the court.

Manifestation under oath of reconciliation* > res judicata

*Properties separated under the final decision not covered

9/16/2020

Rights and Obligations between Husband and Wife

What makes a marriage last longer? KNOW YOUR OBLIGATIONS!!!

3 grounds for Legal Separation (Tenchavez vs Escano)

1. Abadonment
2. Bigamous Marriage Abroad
3. Sexual Infidelity

Husband doesn't own wife.

Wife doesn't own husband.
They are their own persons, each with their own constitutional rights

1. To live together (Arts. 68 & 69, FC)

2. Right to privacy (Constitution Art 3 Sec 3(1)
3. A husband/wife can be convicted of marital rape
4. surviving spouse has the right to make arrangement
5. neither husband nor the wife may testify for or against the other
6. Husband and wife cannot sell or lease property to each other except when there is a separation of
properties (Arts. 1490 & 1646, CC).
7. Spouses cannot enter into a universal partnership (Art. 1782, CC)
Universal partnership = not allowed
Limited partnership = allowed
Cannot donate to each other (except moderate gifts)
>>> undue influence

Property Relations (Title IV; page 432)

    Before August 3, 1988 - Conjugal Property
    On or After August 3, 1988 - Absolute Community Property
    Nuptial Agreement/Marriage Settlement: mandates separation of property (as long as not contrary
to law)
    To work for 3rd parties, must be registered to the Marriage? Registry and Property Registry - it
should be a public document (thus notarized)

"Property located abroad is governed by laws where the property is located"

Lex Situs
Gratuitous 

Ordinary donations can be subject to resolutory conditions and if the condition is not fulfilled, then
you have to return the property but there has to be an action to revoke. 
resolutory - extinguish obligation
suspensive - give rise to obligation
9/18/2020

2 kinds of Property:
co-owned
exclusive

Legal issues come to play when it involves big amounts.

DETERMINING THE PROPERTY:

ARTICLE 91-THE COMMUNITY PROPERTY CONSISTS OF ALL PROPERTY

If marriage is terminated by death, there should be liquidation within 1 year. If no liquidation and the
one remarries, then it is not ACP but complete separation of property. (Art. 103)

PROPERTIES ACQUIRED DURING MARRIAGE

gratuitous title means donation or testate/intestate succession given only to 1 spouse. = separate

Donation giving during marriage to the husband/wife alone, as long as moderate= separate

Inheritance = separate (unless given to them both)

Property for personal and exclusive use of other spouse = separate (even if source of purchase was
from the joint account/community fund)

jewelry = community property, regardless of the source or cost [exception to the exception]
Summary:
    Separate properties:
        Properties and fruits acquired during a previous marriage with legitimate children
        Gratuitious title (donation or inheritance, except when excplicitly donated to both)
        Exclusive personal property (except jewelry)
        All else: Absolute Community Property (presumption: Property is absolute)

Purpose to determining owner

1. if joint, cannot dispose without written consent of spouse (not an ordinary co-ownership)
2. If ordinary co-ownership, you can dispose your share without consent of the other co-owner 
NOTE: Co-ownership is different from Partnership and absolute community property
3. 

ABALOS v MACATANGAY
Facts:
    They are married, they own property. wife left for saudi, agreed orally for real property to be sold.
Husband found buyer. wife didnt answer. husband pursued the sale anyway, leaving blank wife
signature.

Issue:
was there a valid transfer of property without signatory?    

Ruling:
No. The sale is void. Since the agreement is only oral. Real properties should be in written consent.
 
No. He cannot share his share since it is not co-ownership. There can be no waiver of shares. You
can only have a share when the property is liquidated. During marriage you have no actual share but
only a paper share. 
    
The spouse cannot sell his one-half interest in the conjugal
partnership prior to the liquidation of the partnership, since the interest of each spouse to the conjugal
assets is inchoate, a mere expectancy, which constitutes neither a legal nor equitable estate and does
not
ripen into title until it appears that there are assets in the community as a result of the liquidation
(Abalos
vs. Macatangay, G.R. No. 155043)

No share
No waiver during marriage

Liable for loses (whatever was lost should be borne by the loser)

Any loser in a gambling prohibited by

law may recover his loss from the winner (Art. 2014 CC). 
If loser won't recover, wife can take care of the action (Art. 2016 CC)
Purpose of completeing a vocational course/education/self improvement = charge to the absolute
community

Support (everything indespensable for sustainance. Dweling, clothing, education, medical

attendance, transportation, etc.) = charge to absolute community

Support for legitimate children = charge to absolute community

Support for illegitimate children = charge to exclusive property of the father (unless father is broke
af, then charge to absolute community)

dura lex sed lex = law maybe harsh but it is the law

Facts
Borrowed money, used abandoned wife as leasee who did not consent to pay for something

issue
can loan be charged to the absolute community account?

Ruling
No
Money spent should either a. have consent b. redound to the benefit of the family
in this case, there's no consent, and no benefit to the family, thus loan is void. 

The A & L Industries was established during the marriage and the
fact that it was registered in the name of only one of the spouses does not destroy its conjugal nature
(BA
Finance Corp. vs. Court of Appeals, G.R.No.L-61464, May 28, 1988) 

chattel mortgage is an incumbrance, 

even if the chattel is void, principal is not void, principal is still valid since chattel mortgage is just an
accessory. 
[Principal v Accessory]

Debts without consent of the partnerthat benefits the other/family, is valid. (except if it's a chattel
mortgage, need consent)

Debts with consent, even with no benefit to the  family, is still valid. (Art. 94(2))

Absolute Community Property is always subsidiarily liable

principal = main source of resource

subsidiary = secondary
Go to subsidiary if principal cannot pay.

G-Tractors Vs CA (G.R .No.L-

57402, February 28, 1985)
Facts
Husband operated a business (logging concession) without wife's consent. Part of business, rented
equipment to transport logs. Due to mismanagement, G tractors turned brankcrupt. Would want the
absolute community liable

Issue
Is the ACP liable?

Ruling
Yes
Business was a legitimate business. There was an intention and purpose to benefit the family with the
business. Actual profit need not accrue to the conjugal partnership, it suffices that the transaction
should have an intention that normally would produce such benefit.

(Ching vs. Court of

Appeals, G.R. No. 124642, February 23, 2004)

Facts
Company needs fresh capital, thus borrowed money. Bank holds officers as surety (Ching is a VP).
Surety is solidary debtors.
Company could not keep up with debts/expenses, filed for receivership.receivership means an
assigned person to manage company, but other creditors cannot file a case against company. Bank
filed against Ching, the VP.

Issue
Can bank get from Ching and wife's ACP

Ruling
No
Ching accomodated the company, but there was no intent to benefit the family. Thus ACP is not
liable (separate property of Ching though are liable)

issue
Bank's loan actually benefitted Ching's fam because their loan allows Ching to still have  job

Ruling
No
Benefit to the family should be direct, not speculative

Sample

Facts
Wife left husband and children, cohabited with Sugar Daddy foreigner, leased an expensive house.
Wife is a lessee. She left the house with accrued rent. Lessor chased wife's husband

issue
WON husband is liable
Ruling
No Did not benefit family

Facts
Husband demanded blowjob from the wife who refused. Ahhh, mana naman ta ani.
Battered Wife left, borrowed money to pay children's tuition.

issue
Is the husband liable

ruling
Yes, abandonment is justified, thus wife must be supported and will not affect the ACP. Tuition was
for the benefit of the family, thus support must be taken from the ACP.
Since there's lack of wife property, no ACP money, husband's exclusive property is liable

Facts
Husband has terminal cancer, wife doesn't care. Sister of husband decided to tell husband to live with
her, providing medical expenses for brother.

Issue
Is wife liable for the expenses

Ruling
Yes
Negligence means wife is still liable, and the expenses should be taken from the ACP

Other charges to ACP:

    Repairs of the ACP (94 (4) FC)
    
Facts
Husband has inherited property, hence exclusive. ACP paid for repair of property

Issue
Is there need to reimburse ACP

Ruling
Yes, not ACP responsibility, (however if exclusive property is being used by family, ACP is  liable
and no need to reimburse)

Ante nuptial agreements = pre marriage

Debt incurred pre-marraige, liability goes to the debtor.
Exception: borrowed money to buy house and lot for the benefit of the family (even if family has not
yet existed) [Ted Mosby Situation lol]
ACP is liable, ownership is absolute, downpayment is paid by ACP
Married woman = cannot have legitimate children (presumption: born in a valid marriage)

husband = can have illegitimate children

illegitimate: absolute is subsidiarily liable. merely an advance. 

Facts:
A and B are married and bought a jeep for income registered in their name
husband drove jeep, but due to recklessness ran over a child. Charged with reckless imprudence
causing homicide

issue: Is ACP liable

Ruling
No
liabilities incurred by other spouse by reason of crime or quasi delict is not chargeable to ACP
In this case, liability is incurred only by the husband, because act or omission is personal to him. 
Even quasi-delict, ACP is still not liable
(if suing based on contract, in case as a passenger ACP is now liable)

3 sources of civil iability when you died/got hurt while being a passenger:
1. Arising from crime
2. Arising from Quasi Delict
3. Contracts

debts that are exclusive to the husband:

    1st - exclusive property
    2nd - subsidiary property

creditor can choose who to demand debt from.

Solidary liability = both or either or, is liable for death. (Art. 1216)
9/23/2020

Previously:
Concept of Absolute Community of Property (ACP)

Distinguish if whether administrative (no consent), or Acts of ownership/encumberance (consent-

Acts of Adminstration
A. Both spouses, albeit paternal preference
Art. 100 - if husband leaves, wife be given judicial authority to administer
Art. 101 - abandonment, wife sole administrator
B. Lease of a month to month basis

Acts of Ownership (for ACP, not exclusive property) thus, need consent
A. Sell
B. Mortgage
C. No written consent = void, albeit not automatic as long as there's continuing offer
D. If other party withdraws, void
E. Art. 96 = all property need consent
F. Pledge - movable property
G. Lease of more than 1 year

In cases such as:

1. Foreigners cannot own lands unless if it is through hereditary succession (regardless if the latter
pays for it). If Filipina/o spouse dies, foreigner spouse can inherit. (Matthews vs. Taylor)

2. In case of comatose, put partner under guardianship (incapacitated butnot insane; also applies for
insanity)(Bildner vs Ilusorio)

3. Foreigners cannot own lands in the Philippines, the house is an indivisible object. constitution only
talks about lands, not buildings. (Beumer vs. Amores)

Liquidate community property within 1 year after partner's death or else: 1.)cannot sell property
2.) complete property separation in subsequent marriage (103 (3) FC)

Absolute Community terminates upon:

1. Death of either spouse

2. Decree of Legal Separation
3. Annulment or if married is declared void
4. Judicial separation of property during marriage

Does land include the house?

No, house is indivisible. Can be agreed upon on how to divide it.
How a foreigner can own a building? Have a the land be owned by a PHCorp,and house owned by
foreigner

CONJUGAL PARTNERSHIP OF GAINS

Conjugal vs ACP

Conjugal = has marriage settlement(aka pre nup) or married before Aug 3, 1988
A. Property remains exclusive after marriage, the fruits belong to the conjugal partnership of gains
(i.e Cow is exclusive but the calves now belong to spouses)

ACP = no marriage settlement or married after

A. properties are jointly owned after marriage
B. No proof on who is the source of the fund of purchase of the property but if it was acquired after
marriage, it is jointly owned (116)

What consists of Conjugal Property of Gains

A. Onerous title
B. Obtain from labor, industry, work or profession (i.e. Salary, income, etc.)
C. Fruits from conjugal property
D. Hidden treasure (jewelry, precious objects) *Finders, keepers (1/2 only to the owner of the land
and 1/2 to the one who found it given that he is not a tresspasser)
E.  Through occupation (no owner, thus, belongs to everybody/res nullius)
F. Excess livestock born after marriage
G. Winnings (i.e Gambling, betting, etc.). Losses are for the loser-spouse.

Exclusive Properties
A. which is brought to the marriage as his own (fruits are conjugal)
B. which is acquired by either spouse gratitously during marriage
C. purchased with exclusive money of 1 spouse or by barter of exclusive property
(Fruits of exclusive = exclusive, fruits of conjugal = conjugal)
Donations in conjugal = exclusive
118 and 120 provisions
=specific of Conjugal Partnership of Gains
if ownership vested before marriage = exclusive, regardless of who paid
vester after marriage = conjugal, regardless of who paid
Sale = consentual contract, perfected meeting of the minds of the object and price and conditions.
Conditional sale = ownership only after full payment
Absolute sale = no condition, assumption is sale complete
there can be an absolute sale if you pay by installment.
Improvements on conjugal = if land is higher value, house will follow land, but house must be paid
of its value. (vice versa)
Whichever has higher value (+future increase in value), the improvements goes there.

10/02/2020
Art. 145. Each spouse shall own, dispose of, possess, administer and enjoy his her own separate
estate.
Pls. refer Art. 143
 
Separation of properties
1. By marriage settlement
2. Mandatory regime by law 
 
Liquidation of property within one year-ACP
 
Legal separation refers to Art. 63
Separation of property 66.2
 
In case of abondonment refer to Art. 101, also covered in Art. 135
 
Separation during marriage pls refer to Art 135-136 - shall take place only with judicial order
 
Art. 101 When a spouse has left at least three months in conjucal property
*No intention to return of a spouse
 
Art. 135
Show grounds in judicial court 
 
Art. 136
By agreement of both parties 
*The spouses-jointly file for petition for separation of properties
 
Penalty-Reclusion temporal
Carries-crime accessory
 
Judicial Court grounds
1. Deprived of parental authority
2. Deprived of marital authority
3. Deprived of power to dispose property
 
Sec. 4 Ownership, Administrative
ENJOYMENT AND DISPOSITION OF THE COMMUNITY PROPERTY
 
Art. 96 The administration and enjoyment of the community property shall belong to both spouses
jointly.
*Incase of disagreement, the husband's decision shall prevail but subject to recourse to the court by
the wife for proper remedy.
 
Art 141 
 
Once settled in court:
Separation of property shall take place
See Art. 137
 
CONJUGAL-Property acquired BEFORE marriage
ACP- Property acquired AFTER marriage
 
Conjugal-enjoy the fruits by each spouse (before marriage)
Conjugal partnership of gains - separate fruits 
 
PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE
 
Art. 147-memorize kuno ni
 
Example:
    
A and B are sweethearts. Met at the condo on the same floor. Both had been involved in pre-marital
sex and had joint bank account. (148)
Which article should be applied to the example above?
 
Ruling: GR No. 146683 Nov. 22, 2001
Art 147 shall apply
Bank account- Art. 148
 
Ruling: Valdez v. RTC
If marriage is void, art. 147 or 148 shall apply.
*Violation to formality (marriage license, authority, psychological incapacity etc.)
 
Exception to the general rule- Art. 43
Subsequent shall produce following effects-refer to Art. 53
*Declared void due to the fact was not registered- Art 53
 
VOID MARRIAGE -refer to Art. 147 Please memorize. Art. 148 for non inclusion of Art. 147 
    
147- equal liquidation
148- depends on the contribution of both spouses

Art 87 donations between common law spouses (void) 

Art. 147 (4)  

Example: 
Registered owner = liable
Ruling: Carino's case
Bigamous- Art. 148 paragraph 2
Sharing of the pension-Art 147
(*Carino's case was sad lol, he found his true love too late, was already married before. As a result,
she's covered by 148, while 1st wife was covered by 147.)

In the case of the Australian:

A foreign can lend money and the Filipino can mortgage his land but in public auction, the foreigner
can only get the proceeds.

Sharing of the property

1/2-ACP
1/2-mistress

Borromeo vs. Discaliar

Can foreigner sell the land? Art- 148 shall apply
*Based on actual contribution of each spouse
*Ruling: the house and lot was still sold to the Filipino and no violation of the public law

MEMORIZE ART. 147 AND 148

10/07/20

FAMILY HOME 
- constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling
house where they and their family reside, and the land on which it is situated (Article 152, FC)
- should be preserved for the family; cannot be executed for the debts after the family home is
constituted. (House and Lot)

Writ of Execution - A written instrument that pertains to theproperties of debtor taken by sheriff
sold in auction to pay for debt.

Art. 157 FC - The actual value of the family home shall not exceed, at the time of its constitution,
the amount of the 300k pesos in urban areas, and200k pesos in rural areas, or such amounts as may
hereafter be fixed by law.

In any event, if the value of the currency changes after the adoption of this Code, the value most
favorable for the ' constitution of a family home shall be the basis of evaluation.
For purposes of this Article, urban areas are deemed to include chartered cities and municipalities
whose annual income at least equals that legally required for chartered cities. All others are deemed
to be rural areas. (231a)

Art. 156 FC - The family home must be part of the properties of the absolute community or the
conjugal partnership, or of the exclusive properties of either spouse with the latter’s consent. It may
also be constituted by an unmarried head of a family on his or her own property.
Nevertheless, property that is the subject of a conditional sale on installments where ownership is
reserved by the vendor only to guarantee payment of the purchase price may be constituted as a
family home. (227a, 228a)

Land of a Family home:

    1. owned by spouses exclusively (even in conditional sale status)
    2. Property on conditional sale by both spouses whle the lot is in mortgage (conditional rights to
occupy the land)
    Add'l ref: RA 6552 Maceda Law on Property
    
Art. 153 FC - The family home is deemed constituted on a house and lot from the time it is occupied
as a family residence. From the time of its constitution and so long as any of its beneficiaries actually
resides therein, the family home continues to be such and is exempt from execution, forced sale or
attachment except as hereinafter provided and to the extent of the value allowed by law. (223a)

Art. 154 FC - The beneficiaries of a family home are:

(1) The husband and wife, or an unmarried person who is the head of a family; and
(2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be
legitimate or illegitimate, who are living in the family home and who depend upon the head of the
family for legal support. (226a)

Ex:
    Couple w/ 2 sons, married w/ kids, have occupations, lived with the couple.
since they are not dependent, they are not benificiary.
    Even if couple died, the Family Home will continue for 10 years or until that beneficiary is
no longer minors.
Ruling: Patricio vs Dario, Grandchildren are not beneificiary.
    
Art. 159 FC - The family home shall continue despite the death of one or both spouses or of the
unmarried head of the family for a period of ten years or for as long as there is a minor
beneficiary, and the heirs cannot partition the same unless the court finds compelling reasons
therefor. This rule shall apply regardless of whoever owns the property or constituted the family
home. (238a)

Art. 161 FC - For purposes of availing of the benefits of a family home as provided for in this
Chapter, a person may constitute, or be the beneficiary of, only one family home. (n)
    
The term animus revertendi is a Latin phrase that means "with intention to relocate".
    
Selling or Disposal of family home(ref. Art 158)
Art. 158 FC - The family home may be sold, alienated, donated, assigned or encumbered by the
owner 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, the court shall decide.
(235a)    

Real mortgage - house/immovable properties

Add'l ref: 
Art. 106 Civil Code - Par (2) The conjugal partnership of gains or the absolute conjugal community
of property shall be dissolved and liquidated, but the offending spouse shall have no right to any
share of the profits earned by the partnership or community, without prejudice to the provisions of
article 176

Art. 160 FC -When a creditor whose claims is not among those mentioned in Article 155 obtains a
judgment in his favor, and he has reasonable grounds to believe that the family home is actually
worth more than the maximum amount fixed in Article 157, he may apply to the court which
rendered the judgment for an order directing the sale of the property under execution. The court shall
so order if it finds that the actual value of the family home exceeds the maximum amount allowed by
law as of the time of its constitution. If the increased actual value exceeds the maximum allowed in
Article 157 and results from subsequent voluntary improvements introduced by the person or persons
constituting the family home,by the owner or owners of the property, or by any of the beneficiaries,
the same rule and procedure shall apply.

At the execution sale, no bid below the value allowed for a family home shall be considered.  The
proceeds shall be applied first to the amount mentioned in Article 157, and then to the liabilities
under the judgment and the costs. The excess, if any, shall be delivered to the judgment debtor.
(247a, 248a)

Value increase by:

    Subsequent voluntary improvements by owner - no longer family home
    Outside reason of increase in value - still a family home

Family Home is not excepted from execution if:

Art. 155- The family home shall be exempt from execution, forced sale or attachment except:
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the family home;
[Constitution is not construction, needs occupancy
Incurred = date of execution, not maturity]
(3) For debts secured by mortgages on the premises before or after such constitution; and
[Doesn't matter when, as long as there is mortgage]
(4) For debts due to laborers, mechanics, architects, builders, materialmen and others who have
rendered service or furnished material for the construction of the building. (243a)

Questions later:
*To know the market value of theproperty 
-BIR has the jurisdiction in providingthe current market value of theproperty with the help
ofAssessors/Registry of Deeds from themunicipality.

TAX CODE (BIR) (cross reference)

SEC. 6. Power of the Commissioner to Make Assessments and Prescribe Additional Requirements
for Tax Administration and Enforcement. -
(E) Authority of the Commissioner to Prescribe Real Property Values. –

The Commissioner is hereby authorized to divide the Philippines into different zones or areas and
shall, upon mandatory consultation with competent appraisers both from the private and public
sectors, and with prior notice to affected taxpayers, determine the fair market value of real properties
located in each zone or area, subject to automatic adjustment once every three (3) years through rules
and regulations issued by the Secretary of Finance based on the current Philippine valuation
standards: Provided, That no adjustment in zonal valuation shall be valid unless published in a
newspaper of general circulation in the province, city or municipality concerned, or in the absence
thereof, shall be posted in the provincial capitol, city or municipal hall and in two (2) other
conspicuous public places therein: Provided, further, That the basis of any valuation, including the
records of consultations done, shall be public records open to the inquiry of any taxpayer. [4] For
purposes of computing any internal revenue tax, the value of the property shall be, whichever is the
higher of:
(1) The fair market value as determined by the Commissioner; (BIR COMMISSIONER)or
(2) The fair market value as shown in the schedule of values of the Provincial and City Assessors.

Art. 155. The family home shall be exempt from execution, forced sale or attachment except:
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the family home;
(3) For debts secured by mortgages on the premises before or after such constitution; and
(4) For debts due to laborers, mechanics, architects, builders, materialmen and others who have
rendered service or furnished material for the construction of the building. (243a)

Additional Cross Reference  

*BIR TAX CODE (As Amended by RA 10963) 
*RA 6552 MACEDA LAW (Realty Installment Buyer Act)

Notes     11/11/2020

ADOPTION
16 year gap - applied always except when mama or husband of mama adopts illegitimate child.
Intercountry adoption - loophole to adopt a kid, by adopting them in country where the law allows
them to do so

ARTICLE V
EFFECTS OF ADOPTION
SEC. 16. Parental Authority. – Except n cases where the biological parent is the spouse of the
adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and the same
shall then be vested on the adopter(s).
SEC. 17. Legitimacy. – The adoptee shall be considered the legitimate son/daughter of the adopter(s)
for all intents and purposes and as such isentitled to all the rights and obligations provided by law to
legitimate sons/daughters born to them without discrimination of any kind. To this end, the adoptee is
entitled to love, guidance, and support in keeping with the means of the family.
(adoptee can use surname of adoptors)

SEC. 18. Succession. – In legal and intestate succession, the adopter(s) and the adoptee shall 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 law on testamentary succession shall govern.
(Caveat = Sayson, concept of right of representation in succ/inherit.
Dad died earlier than grandfather. Dad's legitimate kids can represent and inherit grandfather's
inheritance for Dad.
4 children, 2 legit, 2 adopted. 4 children inherit equally (section 18). Adopted children cannot inherit
from grandpa.
(Adoption - is personal only to adopter and adoptee)

RESCISSION OF ADOPTION
Can only be done by the child and not by the adoptive parents.
child can only claim for rescind adoption on the following grounds: 
 1. Repeated physical and verbalmaltreatment by the adopters despite having undergone
counseling                                           2. attempt on the life of the adoptee
3. sexual assault or violence
4. abandonment and failure to comply with parentalobligations. 
                   
SEC. 19. Grounds for Rescission of Adoption. – Upon petition of the adoptee, with the assistance of
the Department if a minor or if over eighteen (18) years of age but is incapacitated, as
guardian/counsel, the adoption may be rescinded on any of the following grounds committed by the
adopter(s): 
    (a) repeated physical and verbal maltreatment by the adopters) despite having undergone
counseling”; 
    (b) attempt on the life of the adoptee; 
    (c) sexual assault or violence; or 
    (d) abandonment and failure to comply with parental obligations.
Adoption, being in the best interest of the child, shall not be subject to rescission by the adopters). 
However, the adopters may disinherit the adoptee for causes provided, in Article 919 of the Civil
Code.
SEC. 20. Effects of Rescission. – If the petition is granted, the parental authority of the adoptee’s
biological parent(s), if known, or the legal custody of the Department shall be restored if the adoptee
is still a minor or incapacitated. The reciprocal rights and obligations of the adopter(s) and the
adoptee to each other shall be extinguished.
The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and
restore his/her original birth certificate.
Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of
judicial rescission. Vested rights acquired prior to judicial rescission shall be respected.
All the foregoing effects of rescission of adoption shall be without prejudice to the penalties
imposable under me Penal Code if the criminal acts are properly proven.
Provided, further, That the application for correction of the birth registration and petition for
adoption shall be filed within five (5) years from the effectivity of this Act and completed
thereafter:Provided, finally, That such person complies with the procedure as specified in Article IV
of this Act and other requirements as determined by the Department.

PARENTAL AUTHORITY AND CUSTODY OF MINORS

Has specific grounds (not with parties' agreement, Islao vs CA)

parental authority is terminated when:

    - the child becomes 18
    - both parents died
    - guardianship has been filed
    - the Court terminated such (for both parents) [i.e.acts of lasciviousness by father and tolerance of
the mother]
    - children are being exploited and abused.
    -parents voluntarily give the child to orphanage or DSWD

Family Code
Art. 228. Parental authority terminates permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child. (327a)

Art. 229. Unless subsequently revived by a final judgment, parental authority also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of the child in a case filed for the purpose;
(4) Upon final judgment of a competent court divesting the party concerned of parental authority; or
(5) Upon judicial declaration of absence or incapacity of the person exercising parental authority.
(327a)

Art. 230. Parental authority is suspended upon conviction of the parent or the person exercising the
same of a crime which carries with it the penalty of civil interdiction. The authority is automatically
reinstated upon service of the penalty or upon pardon or amnesty of the offender. (330a)

Art. 231. The court in an action filed for the purpose in a related case may also suspend parental
authority if the parent or the person exercising the same:
(1) Treats the child with excessive harshness or cruelty;
(2) Gives the child corrupting orders, counsel or example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated above are deemed to include cases which have resulted from culpable
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, the court shall
deprive the guilty party of parental authority or adopt such other measures as may be proper under
the circumstances.
The suspension or deprivation may be revoked and the parental authority revived in a case filed for
the purpose or in the same proceeding if the court finds that the cause therefor has ceased and will
not be repeated. (33a)

Art. 232. If the person exercising parental authority has subjected the child or allowed him to be
subjected to sexual abuse, such person shall be permanently deprived by the court of such authority.
(n)

Parental authority is joint if child is legitimate.

If illegitmate, parental authority is to momma
Emancipation = freedom from parental authority from person and property ofperson (18 yrs old)

Art. 6809: An act lowering the age of majority from 21 to 18 years, amendingfor the puprose EO
209, and for other purposes.
Emancipation shall terminate parental authority over the person and property of the child who shall
then be qualified and responsible for all acts of civil life, save the exceptions established by existing
laws in special cases.

CC ARTICLE 37. 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.
[Juridical capacity = the moment you are born, exist; subject to legal relation
Capacity to act = wait until 18, can still be restricted]

ARTICLE 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil
interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from
certain obligations, as when the latter arise from his acts or from property relations, such as
easements. (32a)

ARTICLE 39. The following circumstances, among others, modify or limit capacity to act: age,
insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage,
absence, insolvency and trusteeship. The consequences of these circumstances are governed in this
Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account
of religious belief or political opinion.
A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in
cases specified by law. (n)

Boy = 19, girl = 18. Boy violent. Boy wants to reconcile, girl say no. Boy jump to fence to see girl,
girl refused, boy shot girl. Girl's father sued boy, untenable because parents are ones liable.
 CC ARTICLE 2180. The obligation imposed by article 2176 is demandable not only for one’s own
acts or omissions, but also for those of persons for whom one is responsible.
The father and, in case of his death or incapacity, the mother, are responsible for the damages caused
by the minor children who live in their company.

CC Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent
designated by the Court. The Court shall take into account all relevant considerations, especially the
choice of the child over seven years of age, unless the parent chosen is unfit. (n)
Maternal parent rule = automatic child under 7 goes to mom, except when mom is unfit.

Approach factors in the totality of the circumstances

SPECIAL PARENTAL AUTHORITY

ARTICLE 2180. The obligation imposed by article 2176 is demandable not only for one’s own acts
or omissions, but also for those of persons for whom one is responsible.
The father and, in case of his death or incapacity, the mother, are responsible for the damages caused
by the minor children who live in their company.
Guardians are liable for damages caused by the minors or incapacitated persons who are under their
authority and live in their company.
The owners and managers of an establishment or enterprise are likewise responsible for damages
caused by their employees in the service of the branches in which the latter are employed or on the
occasion of their functions.
Employers shall be liable for the damages caused by their employees and household helpers acting
within the scope of their assigned tasks, even though the former are not engaged in any business or
industry.
The State is responsible in like manner when it acts through a special agent; but not when the damage
has been caused by the official to whom the task done properly pertains, in which case what is
provided in article 2176 shall be applicable.
Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by
their pupils and students or apprentices, so long as they remain in their custody.
The responsibility treated of in this article shall cease when the persons herein mentioned prove that
they observed all the diligence of a good father of a family to prevent damage. (1903a).

Notes
11/13/2020

Parental Authority shall be given to the parents. In case of death of any spouse, the other surviving
spouse shall take care of the children.

***Mga apuhan nga bagag nawong, no parental authority fyi

GR 47745 Amadora vs Court of Appeals April 15 1988

Support:
    
1. Sustenance 
2. Dwelling 
3. Clothing 
4. Medical attendance 
5. Education 
6. Transportation – includes expenses going to and from school, or to and from place of
work                  
                                        
                                       
Art. 200. When the obligation to give support falls upon two or more persons, the payment of the
same shall be divided between them in proportion to the resources ofeach.                                   
                                                
However, in case of urgent need and by special circumstances, the judge may order only one of them
to furnish the support provisionally, without prejudice to his right to claim from the other obligors the
share due from them. 
                                                
When two or more recipients at the same time claim support from one and the same person legally
obliged to give it, should the latter not have sufficient means to satisfy all claims, the order
established in the preceding article shall be followed, unless the concurrent obligees should be the
spouse and a child subject to parental authority, in which case the child shall be preferred. 
                                        
                                
RA 10172 - change of name/surname                
Clerical errors in Birth Certificate
      -name
      -sex
      -birthdate (date and month but not the year)
      -place of birth
      
No correction can be change with regard to Nationality, Age, And ??