Professional Documents
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and extrinsic validity. But said DPN cannot be The prohibition does not include a spouse
revoked at the will of the donor but only on the being the beneficiary of an insurance contract
basis of Art. 86 of the FC. over the life of the other spouse. (Gercio vs.
Sunlife Assurance Co. of Canada, G.R. No.
DPN of Encumbered Property 23703, September 28, 1925)
The donation is valid because the donor is still
the owner, even if it is encumbered. If Grounds for Revocation (V-RAL–CN)
mortgage is foreclosed and sold at a lesser 1. Marriage not celebrated or declared Void
price, donee is not liable for deficiency but if ab initio except those made in MS that do
sold for more, donee is entitled to excess (Art. not depend on celebration of marriage
85). If made by a stranger, action for
revocation may be brought under
Donations Propter Nuptias and Ordinary ordinary rules on prescription: if in
Donations writing, brought within 10 years and if
DONATIONS ORDINARY oral, within 6 years. (Albano, Ed
PROPTER NUPTIAS DONATIONS Vincent S., Persons and Family
Formalities Relations, Third Edition, 2006)
Governed by the rules Governed by rules on 2. Marriage without parental Consent
on ordinary donations donations (Arts. 725–
3. Marriage is Annulled and donee is in bad
except that if future 773, NCC)
property is donated, it
faith
must conform with 4. Upon Legal separation, the donee being
formalities of wills the guilty spouse
Present Property 5. Complied with Resolutory condition
May be donated but No limit except that 6. Donee commits acts of Ingratitude as
only up to 1/5 of donor shall leave specified by Art. 765 of NCC(Art. 86)
donor’s present property enough for his
property if the spouses support
agree on a regime SYSTEMS OF PROPERTY REGIMES
other than absolute
community Absolute Community of Property (ACP)
Future property The property regime of the spouses in the
May be included Cannot be included absence of a marriage settlement or when the
provided donation is
marriage is void. This is so because it is more
mortis causa
in keeping with Filipino culture.
Grounds for revocation
Art. 86, FC Arts. 760, 764, & 765,
NCC It commences at the precise moment the
marriage is celebrated; any stipulation for the
Rule on Donation between Spouses during commencement thereof at any other time is
Marriage void. The same applies to CPG.
General Rule: VOID, either direct or indirect
donation Provisions on CO-OWNERSHIP apply to ACP
Rationale: in all matters not provided by the Chapter on
1. To protect unsecured creditors from being ACP. (Art. 90)
defrauded;
2. To prevent stronger spouse from imposing General Rule: Community property shall
upon the weaker one the transfer of the consist of all property owned by the spouses
latter’s property to the former; at the time of the marriage or acquired
3. To prevent indirect modification of the thereafter (Art. 91).
marriage settlement.
Exceptions: (BEG)
Exceptions: 1. Property, including fruits and income
1. Moderate gifts on occasions of family thereof, acquired before the marriage by
celebrations either spouse who has legitimate
2. Donations mortis causa descendants by a former marriage
2. Property for personal and exclusive use
Note: This rule also applies to persons living except jewelry
together as husband and wife without a valid 3. Property acquired during the marriage by
marriage (Art.87). gratuitous title, including fruits and income
thereof, except when the donor, testator or
grantor expressly provides otherwise (Art.
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Administration and Disposition of the Exception: If said ticket was gratuitously given
Community Property by a friend to a spouse, only upon express
General Rule: Administration shall belong to provision of the donor will it be considered part
both spouses jointly. of the community property.
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6. At the time of the petition, spouses are voluntary dissolution of ACP or CPG has
separated in fact for at least 1 year and been judicially decreed
the possibility for reconciliation is highly No voluntary separation of property
improbable (Art. 135). may thereafter be granted.
Note: In the cases provided for in (1-3), Property Regime of Unions without
presentation of final judgment against guilty/ Marriage
absentee spouse is enough basis for grant of Art. 147 Art. 148
degree of judicial separation of property. Applicability
The following must In cases of cohabitation
Spouses may jointly file verified petition with concur: not falling under Art.
court for voluntary dissolution of ACP or CPG 1. Parties who are 147. Parties do not have
and for separation thereof. (Art. 136) capacitated to the capacity to marry
marry each other due to some legal
2. Live exclusively impediments (i.e.
During the pendency of the proceedings, the
with each other as adulterous relationships
ACP/ CPG shall pay for spousal and child husband and wife and marriages which are
support (Art. 137). 3. Without benefit of bigamous, incestuous,
marriage or under or void by reason of
The spouses contribute to the family expenses void marriage public policy under Art.
PROPORTIONATELY with their income or in 38)
case of insufficiency or default thereof, with Salaries and Wages
the current market value of their separate Owned in equal shares Separately owned by the
properties. However, the liability of the parties. If any of them is
spouses to the creditors for family expenses is married, his/her salary is
the property of the CPG
SOLIDARY. (Art. 146)
of the legitimate
marriage
Effects of Judicial Separation of Property Property Acquired By Either Exclusively By
1. Dissolution and liquidation of ACP/CPG Own Funds
2. Liability of the spouses to creditors shall Belongs to such party Belongs to such party
be solidary with their separate properties subject to proof of
3. Mutual obligation to support each other acquisition by
continues except when there is legal exclusive funds
separation Property Acquired by Both through their
4. Rights previously acquired by creditors are Work/Industry
not prejudiced Governed by rules on Owned by them in
co-ownership common in proportion to
respective contributions
Revival of Former Property Regime Property Acquired While Living Together
(Art. 141) Presumed to be No presumption of joint
obtained by their joint acquisition. When there
It shall be governed by Art. 67 and may be efforts, work, or is evidence of joint
filed in the same proceedings where industry and shall be acquisition but none as
separation of property was decreed in any of owned by them in to the extent of actual
the following instances: equal shares. Efforts in contribution, there is a
1. Termination of civil interdiction care and maintenance presumption of equal
2. Reappearance of absentee of family and sharing
household considered
3. Upon satisfaction of court that spouse contribution in
granted administration in the MS will not acquisition.
abuse that power and authorizes Forfeiture
resumption of said administration When only 1 of parties 1. If one of parties is
4. Return and resumption of common life to void marriage is in validly married to
with spouse by the other who left the good faith, share of another, his or her
conjugal home without decree of legal party in bad faith in the share in the co-
separation co-ownership shall be ownership shall
5. Restoration of parental authority forfeited: accrue to the CP or
6. Reconciliation and resumption of common 1. In favor of their CPG existing in such
common children. valid marriage.
life of spouses who had been separated in 2. In case of default 2. If party who acted in
fact for at least 1 year or waiver by any bad faith is not validly
7. Spouses agree upon joint petition to or all common married to another,
revival of former property regime after children or their his/her share shall be
descendants each forfeited in the same
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vacant share shall manner provided for obtained thru their joint efforts and owned by
belong to in Art. 147 them in equal shares in the absence of proof
respective 3. The above rules to the contrary. Rules on co- ownership govern
surviving apply even if both their property relations.
descendants parties are in bad
3. In their absence, faith.
to the innocent THE FAMILY
party.
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3. Debts secured by mortgages on family constituted the same, his or her spouse and
home; majority of the beneficiaries of legal age give
4. Non–payment of taxes on home (Art. 155) their consent. (Art. 158)
Note: If ever the family home is subject of The family home cannot be the subject of
an attachment, the beneficiaries thereof partition after the death of the father when they
have to move for the quashal of the writ of became co-owners. The family home is
attachment. If no motion for the quashal of shielded from immediate partition under Article
the writ or attachment or levy is filed, the 159. The rights of the individual co-owner of
benefit of exemption is considered waived the family home cannot subjugate the rights
(Honrado v. Court of Appeals, G.R. No. granted under Article 159 to the beneficiaries
166333, November 25, 2005) of the family home. Hence, the prohibition in
Article 159 of the Family Code applies even if
Guidelines: the family home has passed by succession to
1. Constituted on the dwelling house of the the co- ownership of the heirs or even if it has
family and the land on which house is been willed to anyone of them (Arriola v.
situated Arriola, G.R. No. 177703, January 28, 2008).
2. Deemed constituted from time of actual
occupation as a family residence Value of Family Home
3. Must be owned by person constituting it At the time of constitution, its actual value
(may be either or both spouses or the should not exceed P300,000 in urban areas
single head of a family) and P200,000 in rural areas. If it increases in
4. Must be permanent value thereafter, it is still considered as family
5. Rule applies to valid and voidable and home. (Art. 157)
even to common–law spouses under
Articles 147 and 148
PATERNITY AND FILIATION
6. Continues despite death of one or both
spouses or unmarried head of the family
for 10 years, or as long as a minor Paternity and filiation refers to the
beneficiary lives therein (Art. 159). relationship existing between parent and child.
Beneficiaries are: Filiation may be by nature or adoption.
a. Husband and wife or unmarried Children may be legitimate or illegitimate.
person who is head of family
b. Their parents, ascendants, Legitimate and Illegitimate Children
descendant, brothers and sisters, Distinguished
legitimate or illegitimate, who are living Legitimate Illegitimate
in the family home and depend upon Conceived or born Conceived and born
head of family for legal support (Art. during a valid marriage outside a valid marriage
(Art. 164) or inside a void ab initio
153)
marriage such as
c. In-laws, provided the home is jointly bigamous and
constituted by husband and wife incestuous marriages
(Manacop vs. CA, G.R. No. 102855 and marriage declared
November 13, 1992) void for being contrary
to law and public policy
After 10 years and a minor beneficiary (Art. 165)
still lives therein, the family home shall Conceived or born Born after the decree of
be preserved only until that minor before the judgment of annulment of a voidable
beneficiary reaches the age of annulment or absolute marriage
nullity of marriage if
majority. The intention of the law is to ground is psychological
safeguard and protect the interests of incapacity (Art. 54)
the minor beneficiary until he reaches Born in a subsequent
the age of majority (Perla G. Patricio void marriage due to
vs. Marcelino G. Dario III, G.R. No. failure to comply with
170829, November 20, 2006). Art. 52 and 53 (Art. 54)
Product of artificial
7. Can constitute one (1) family home only. insemination provided
both spouses
Note: The family home may be alienated, authorized or ratified
such procedure in a
sold, donated, assigned or encumbered by the written instrument,
owners provided that the person who executed and signed
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marriage.
Prescriptive Periods: 2. To second marriage, if child was born after
One year, from knowledge of birth or recording 180 days following celebration of 2
nd
in the civil register, if husband or heirs live in marriage, whether born within 300 days
the SAME city/municipality after termination of 1
st
marriage or
1. Two years, if both reside in the afterwards (Art. 168).
Philippines.
2. Three years, if the child’s birth took place Proof of Filiation
or was recorded in the Philippines while General Rule: Filiation of legitimate (or
the husband has his residence abroad, or illegitimate) children is established by any of
vice versa (Art. 170) the following: (RA)
1. The record of birth appearing in the civil
registry or a final judgment
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No child shall be matched to a foreign for the adoption of the child under the
adoptive family unless it is satisfactorily Family Code have been exhausted and
shown that the child cannot be adopted that inter–country adoption is in the best
locally. interest of the child.
There shall be no physical transfer of a
voluntarily committed child earlier than six Trial Custody: 6 months from the time of
(6) months from the date of execution of placement
Deed of Voluntary Commitment except: 1. Starts upon actual physical transfer of the
1. Adoption by a relative child to the applicant who, as actual
2. Children with special medical custodian, shall exercise substitute
conditions parental authority over the person of the
child.
Who May Adopt: 2. The adopting parent(s) shall submit to the
1. Any alien or governmental agency or authorized and
2. Filipino citizen, both permanently residing accredited agency, which shall in turn
abroad transmit a copy to the Board, a progress
report of the child’s adjustment.
Conditions: (PD-CAN-JERQ)
1. At least 27 years of age and at least 16 Notes:
years older than the child to be adopted, at 1. If the pre–adoptive relationship is found
the time of the application unless the unsatisfactory by the child or the applicant
adopter is: or both, or if the foreign adoption agency
parent by nature of the child to be finds that the continued placement of the
adopted or child is not in the child’s best interest, said
spouse of such parent relationship shall be suspended by the
2. If married, his/her spouse must jointly file Board and the foreign adoption agency
for the adoption shall arrange for the child’s temporary
3. Capacity to act and assume all rights and care.
responsibilities of parental authority under 2. If a satisfactory pre–adoptive relationship
his/her national laws, and has undergone is formed between the applicant and the
the appropriate counseling from an child, the Board shall submit the written
accredited counselor in his/her country consent to the adoption to the foreign
4. Has not been convicted of a crime adoption agency within 30 days after
involving moral turpitude receipt of the latter’s request.
5. Eligible to adopt under his/her national law 3. A copy of the final decree of adoption of
6. In a position to provide the proper care the child, including certificate of
and support and to give the necessary citizenship/naturalization whenever
moral values and examples to all his applicable, shall be transmitted by the
children, including the child to be adopted foreign adoption agency to the Board
7. Agrees to uphold the basic rights of the within 1 month after its issuance.
child as embodied under Philippine laws,
the U.N. Convention on the Rights of a Presumption of Illegal Adoption: (CPEN)
Child, and to abide by the rules and 1. Consent for adoption was acquired
regulations issued to implement the Inter– through or attended by coercion, fraud,
Country Adoption Act improper material inducement
8. Comes from a country with whom the 2. Procedures and safeguards provided by
Philippines has diplomatic relations and law for adoption were not complied with
whose government maintains a similarly 3. Has exposed or subjected the child to be
authorized and accredited agency and that adopted to danger, abuse or exploitation
adoption is allowed under his/her national 4. No authority to effect adoption from the
laws Board
9. Possesses all the qualifications and none
of the disqualifications under the Inter– For a comprehensive discussion of the
Country Adoption Act and other applicable procedural aspects of adoption, please refer to
Philippine laws A.M. No. 02–06–02–SC or the Remedial Law
Memory Aid.
Inter–Country Adoption Board
Acts as the central authority in matters
relating to inter–country adoption.
The Board shall ensure that all possibilities
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law presumes that such necessity does not Maternal Preference/ Tender Years Rule
exist, unless support is demanded (Jocson vs. General Rule: No child under 7 years of age
Empire Insurance Co., G.R. No. L-10792, April shall be separated from the mother.
30, 1958).
Exception: When the court finds compelling
Exemption from Attachment or Execution reason to order otherwise. Paramount
The right to receive support as well as money consideration in matters of custody of a child is
or property obtained as such support shall not the welfare and well–being of the child.
be levied upon on attachment or execution
(Art. 205). But in case of contractual support or Persons Exercising Substitute PA in
that given by will the excess in amount beyond Default of Parents or Judicially Appointed
that required for legal support shall be subject Guardian (Art. 216)
to levy on attachment or execution (Art. 208). 1. Surviving grandparent
2. Oldest brother or sister over 21 years of
PARENTAL AUTHORITY (PA) age unless unfit or disqualified
3. Actual custodian unless unfit or
disqualified
It is the sum total of the right of the parents
over the persons and property of their The same order of preference shall be
unemancipated children. It is pursuant to the observed when appointment of guardian over
natural right and duty of parents over the same property of child becomes necessary.
and it includes caring for and rearing of such
children for civic consciousness and efficiency Persons Exercising Special PA over Minor
and the development of their moral and Children under their Supervision,
physical character and well-being. (Art. 209) Instruction or Responsibility with Respect
to their Activities whether Inside or Outside
Rules as to the Exercise of PA School (Art. 218)
1. Joint parental authority by the father and 1. School
mother over the persons of their common No distinction between academic or
children. In case of disagreement, the non-academic
father’s decision shall prevail unless there 2. Administrators and teachers
is a judicial order to the contrary (Art. 211) 3. Individual, entity or institution engaged in
2. If the child is illegitimate, parental authority child care
is with the mother unless father is certain
and the illegitimate children are living with Liability
the said father and mother who are Vicarious Liability or Imputed Negligence -
cohabiting without the benefit of marriage Parents and other persons exercising PA shall
or under a void marriage not falling under be civilly liable for injuries and damages
Art. 36 and 53. caused by acts or omissions of their
unemancipated children living in their
Note: An illegitimate child is under the company and under their PA subject to
parental authority of the mother pursuant to Art appropriate defenses provided by law. (Art.
176 of the Family Code. The recognition by 221)
the father is not a ground for him to have
parental authority/ custody except for Persons Exercising Special PA shall be
compelling reasons like mother’s unfitness to principally and solidarily liable for damages
exercise sole parental authority/ custody over caused by acts or omissions of the
the child (Briones vs. Miguel, G.R. No. 156343 unemancipated minor. The parents, judicial
October 18, 2004). guardians or persons exercising substitute PA
shall be subsidiarily liable. But liability will not
Parental Preference Rule attach if it is proved they exercised the proper
The natural parents, who are of good moral diligence required under the particular
character and who can reasonably provide for circumstances. (Art. 219)
the child, are ordinarily entitled to custody as
against all other persons. Note: Parental authority and responsibility are
inalienable and may not be transferred and
Rule in Case of Legal Separation of Parents renounced except in cases authorized by law.
Parental authority is exercised by the parent
designated by the court. Parents may exercise Parental Authority over
their child’s property
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not being known with certainty whether he is Different Stages of Absence: (PDP)
still living or not. 1. Provisional absence- When a person
disappears from his domicile, his
Declaration of Absence whereabouts being unknown, without
Without Administrator With Administrator leaving an agent to administer his
2 years from the lapse of 5 years, if the absentee
property.
time without news about left an administrator to There is no declaration of absence yet
the absentee or since the his property from the but legal representative may be
receipt of the last news lapse of time without appointed only when urgent
news about absentee or representation is necessary and
since the receipt of the applies only if no agent has been
last news appointed to represent the absentee
or agent’s authority has expired.
Presumption of Death The spouse is preferred as the legal
(Arts. 390 to 392, NCC) representative except when they are
Extraordinary/ legally separated.
Ordinary Absence
Qualified Absence 2. Declared absence- When a person
a. After absence of 7 For all purposes disappears from his domicile, and 2 years
YEARS, person including those of have elapsed without any news about him
presumed dead for opening succession, a or since the receipt of the last news, or 5
all purposes except period of 4 YEARS, and years have elapsed in case he left a
for those of opening for purposes of person to administer his property.
succession remarriage of the spouse An administrator for the absentee may
b. Absence of 10 present, a period of 2
be appointed from among the
YEARS, person YEARS, are sufficient
presumed dead for under the following following:
purposes of opening circumstances: a. Spouse present
succession except if b.a. Person on board a b. Testate or Intestate heirs Formatted: Bullets and Numbering
he disappeared after vessel lost during a c. Other persons subordinated to
the age of 75, in sea voyage or an rights by death.
which case, a period airplane which is The administration shall cease when:
of 5 years is missing; period is a. Absentee reappears personally or
sufficient counted from the through an agent
c. Absence of 4 loss of the vessel or
YEARS, person airplane
b. Death is proven
presumed dead for c.b. Person in the armed c. Third person appears and shows
purposes of forces who had proof that he acquired absentee’s
remarriage of the taken part in war property when absentee was still
spouse present c. Person in danger of alive.
death under other 3. Presumptive Death- When the absentee is
circumstances and presumed dead.
his existence has
not been known The legal requirement on the need for judicial
declaration of presumptive death does not
Note: A well- founded belief that the absentee apply to a marriage celebrated under the (Old)
is already dead is required before an absent Civil Code as the law itself presumed as dead
spouse may be declared presumably dead. the spouse who disappeared for a period of
The requisites are: seven (7) years where the present spouse has
1. Absent spouse has been missing for 4 no news of the absentee being alive or for less
years or 2 consecutive years if the than seven (7) years where the absentee was
disappearance is under art. 391 of the generally presumed dead (Valdez vs.
Civil Code; Republic, G.R. No. 180863, September 8,
2. Present spouse wishes to marry; 2009). Hence, proof of “well- founded” belief is
3. Present spouse has a well- founded belief not required.
that the absent spouse is dead;
4. Present spouse files a summary
proceeding for the declaration of
presumptive death of the absent spouse
(Republic vs. Nolasco, G.R. NO. 14053,
March 13, 1993).
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