PERSONS AND FAMILY RELATIONS

A. PERSON

1. KINDS

i. Natural

GR – birth determines personality; commences from time of conception

provided it be alive at time of complete delivery (cutting of umbilical
chord); for all purposes favorable to him

EX – if had intra- uterine life of less than 7mos – deemed born if it is alive within
24hrs after complete delivery

*EXTINGUISHMENT

- upon death

*ART 43

- in case of doubt as who of 2 or more persons called to succeed each died first:

GR – whoever alleges must prove

EX - (no proof) presumed at the same time; no transmission of rights

ii. Juridical

- personality begins as soon as constituted according to law

1. state and poli subdivisions

- governed by laws creating or recognizing them

2. corps for public interest

- governed by laws creating or recognizing them

3. corps for private interest

- governed by laws of general application (Revised Corp Code)

4. Roman Catholic Church

- governed by partnerships

5. estate of deceased person

*EXTINGUISHMENT

- upon dissolution

2. CAPACITY TO ACT

- power to do acts with legal effects (upon age of majority)

*LIMITATIONS ON CAPACITY TO ACT

GR – age, insanity, imbecility, state of being deaf- mute, penalty, prodigality, family
relations, alienage, absence, insolvency and trusteeship

EX – religious belief OR political opinion

3. DOMICILE AND RESIDENCE (for exercise of civil rights)

 i. Natural

- place of habitual residence

ii. Juridical

GR – that fixed by law creating or recognizing them

EX – (if not fixed)

1. place where legal representation is established OR

2. place where exercises its principal functions

B. RIGHTS AND OBLIGATIONS OF COUPLES IN INTIMATE RELATIONSHIP

C. MARRIAGE

- special contract; of permanent union between man and woman; in accord with law;
nature, consequences and incidents are governed by law; EXCEPT marriage
settlements fixing property relations during the marriage

1. REQS (essential – i, ii; formal – iii, iv, v) LCALC

i. legal capacity of contracting parties; man and woman

- 18yrs or upwards; not under impediment in ART 37 and 38

ii. consent freely given in the presence of the solemnizing officer

iii. authority of the solemnizing officer IPS MCM

1. incumbent member of judiciary – within court’s jurisdiction

2. priest, rabbi, imam – authorized in writing by his church; registered with Civil
Registrar General; acting within limits of authority; at least one of parties a
member of solemnizing officer’s church (WARM)

3. ship captain or airplane chief; ART 31

4. military commander – chaplain must be assigned but absent; during military

ops; ART 32

5. consul- general, consul or vice- consul – marriage b/w Filipinos abroad; duty of
civil registrar and solemnizing officer shall be done by consul

6. mayors (vice as acting mayor) within city’s jurisdiction – at office Sanguniang

Panglunsod

GR – made publicly: chambers of judge, chapel, office of consul or mayor

EX – ARR

1. marriage in articulo mortis

2. in remote places

3. request of both parties in writing at a designated place

iv. marriage license (ML)

GR - issued by Local Civil Registry (LCR) where either of the parties habitually
reside
 EX – (not required) (DR SAM MC)
1. either or both parties at the point of death

2. residence of either party; so located that no means of transpo is

available; for party to appear personally before LCR

3. ship captain or airplane pilot; in articulo mortis; between passengers OR

crew; while at sea or in flight OR at stopovers

4. military commander; a commissioned officer; in articulo mortis; between

members of AFP OR civilians; within zone of military ops; when chaplain
assigned is absent

5. muslims OR ethnic cultural communities; in accord with their customs,

rites or practices

6. common law spouses – marriage b/w man and woman; have been
living together as husband and wife; at least for 5yrs; without legal
impediment to marry

*PARENTAL CONSENT

- required when either or both parties are 18 – 21yrs old; OTHERWISE render
marriage voidable

1. in writing; personally appears at LCR OR

2. by affidavit; made in presence of 2 witnesses; attested before a notary

public

*PARENTAL ADVICE

- required when either or both parties are 21 – 25yrs old; OTHERWISE (not
obtained OR obtained but unfavorable) ML shall be issued only after
3mos from completion of publication of appli for license

*MARRIAGE COUNSELLING

- required in cases where parental consent OR advice is needed; certified by

priest OR marriage counsellor accredited; OTHERWISE ML shall be
issued only after 3mos from completion of publication of appli for
license; VIOLATION OF EX – not affect validity of marriage but
subjects issuing officer to admin liability

*IMPEDIMENT KNOWN OR MADE KNOWN TO CR

GR – CR shall note down such ; but nonetheless issue ML after 3mos from
completion of publication

EX – ordered otherwise by court

*VALIDITY OF ML

- 180d from issue; automatically cancelled at expiration if not used

*ML FOR FOREIGNERS

1. Foreign Citizens

– submit certificate of legal capacity to contract marriage from diplomatic

or consular official; before issuance of ML
 2. Stateless, Refugees

- in lieu of cert of legal cap; submit affidavit showing capacity to contract

marriage

v. marriage ceremony – appearance of parties before solemnizing officer AND

personal declaration that they take each other as husband and wife in
presence of not less 2 witnesses of legal age

*ABSENCE OF ESSENTIAL/ FORMAL

GR – marriage is void ab initio

EX – absence of authority of the solemnizing officer; good faith marriages – either or

both of the contracting parties believed in good faith that the solemnizing officer
had authority to celebrate, although in fact he had no authority

*DEFECT IN ESSENTIAL

- marriage is voidable; valid until annulled

*IRREG IN FORMAL

- does not affect validity of the marriage; party responsible for irreg shall be civilly,
criminally and administratively liable

2. MARRIAGES CELEBRATED ABROAD

i. marriages solemnized outside the Phil; in accord with laws thereof; if valid there

GR – is also valid here in Phil

EX – ART 35(1), (4), (5), (6), ART 36, 37, 38 ABM PIPS
a. either or both do not have legal capacity

b. bigamous or polygamous

c. consent of one is lacking due to mistake in identity if the other

d. subsequent marriages – ART 53

e. one is psychologically incapacitated at time of marriage

f. incestuous

g. void due to public policy

ii. marriages b/w Filipino and Foreigner; valid; valid divorce obtained abroad by alien;
capacitating him to remarry – also capacitates the Filipino spouse to remarry
here

*for the divorce decree to be valid here in the Phil, the spouse invoking
must plead and proved the same with the appropriate courts for Phil
courts does not take judicial notice of it; OTHERWISE the same will be
considered as the same as Phil law (doctrine of processual presumption)

3. FOREIGN DIVORCE

4. VOID MARRIAGES (AS LBM SPIP)

 Annulment under Article 36 (as recently articulated in Tan-Andal v. Andal, G.R. No.
196359, May 11, 202; Totality of Evidence Rule)
- the ff are void from the beginning (void ab initio)

i. made by any party is below 18yrs old even with consent of parents

ii. solemnized by person not authorized; EXCEPT in good faith marriages

*EXTENT OF AUTHORITY OF SOLEMNIZER

a. Inferior or RTC Judge

- within territorial jurisdiction

b. CA or SC Justice

- within entire Phil; regardless of venue

c. Priest

- within area allowed by his bishop

iii. made without license; EXCPET – DR SAM MC

iv. bigamous or polygamous; EXCEPT ART 41

GR – marriage contracted during subsistence of a previous one is void

EX – before subsequent m; prior spouse was absent for 4yrs consecutive

OR 2 yrs consecutive if there is danger of death; spouse present
had well- founded belief the former is dead (marriage is voidable)

*here spouse present must initiate a summary proceeding for

declaration of presumptive death; OTHERWISE
subsequent marriage is void; WITHOUT prej to reappearance
of absent spouse

*TERMINATION OF SUBSEQUENT MARRIAGE

GR – automatic termination; upon recording of the affidavit of

reappearance of absent spouse in LCR of residence of
parties in subsequent marriage

EX – there is judgment annulling OR declaration of nullity of

previous marriage

*EFFECTS OF TERMINATION OF SM

1. children of subsequent marriage; conceived or born prior to

termination – legitimate

2. property (absolute or conjugal) dissolved and liquidated

*either spouse contracting subsequent marriage in bad

faith – his net share forfeited in favor: common
children, children of guilty spouse in previous marriage,
innocent spouse; in that order

3. donations by reason of marriage valid; EXCEPT donee

contracted marriage in bad faith – revoked by operation of
law
 4. innocent spouse may revoke designation of other in bad faith as
beneficiary in any insurance policy even if irrevocable

5. spouse in bad faith disqualified to inherit from innocent; testate or

intestate

*IF BOTH SPOUSES OF SM IN BAD FAITH

- marriage is void; donations and testamentary provisions of one in

favor of other revoked by operation of law

v. made by mistake as to identity of one party

vi. subsequent marriages ART 53

- contracting a subsequent marriage upon valid termination of previous

one without recording of j in proper registries

vii. made by any party psychologically incapacitated; to comply with the

marital obligs; at time of marriage; even if manifest only after marriage

- mental incapacity of a party to comply with the essential marital obligs;

existing at time of marriage

*HOW ESTABLISHED

- by the totality of evidence presented establishing psychological

incap; not required to be examined by expert: JIG
1. juridical antecedents

2. incurability

3. gravity

- Republic v. CA and Molina

*GUIDELINES IN INTERPRETATION OR APPLI OF PSYCH INCAP A36

1. burden of proof

- belongs to plaintiff; doubts resolved in favor of marriage

and against its nullity

2. root cause

- must be medically or clinically identified; alleged; proven;

explained in decision

3. existence of incap

- proved existing at time of celebration of marriage

4. medically or clinically permanent OR incurable

5. grave enough to bring disability of assuming essential obligs of

marriage

6. essential marital obligs

- those on ART 68 – 71 and ART 220, 221, 225

 7. interpretations of National Appellate Matrimonial Tribunal of
Catholic Church in Phil (NAMTC)

- not controlling; but given great respect by courts

8. prosecutor or Sol Gen appears as counsel for state

*WHO CAN FILE ACTION

- husband OR wife OR physically incap

viii. incestuous WON relationship is leg or illeg

a. b/w ascendants and descendants

b. brothers and sisters; full or half blood

ix. void due to public policy

GR -

a. b/w collateral blood relatives WON leg or illeg; up to 4th civil

degree

b. step- parents and step- children

c. parents- in- law and children- in- law

d. adopting parent and adopted child

e. surviving spouse of adopting parent and adopted child

f. surviving spouse of adopted child and adopter

g. adopted child and legitimate child of adopter

h. adopted children of same adopter

i. parties; one with intent to marry the other; killed the other’s
spouse OR his own spouse

EX – (may marry each other)

1. brother- in- law and sister- in- law

2. stepbrother and stepsister

3. guardian and ward

4. adopted and illeg child of adopter

5. adopted son of husband and adopted daughter of wife

6. parties convicted of adultery and concubinage

*ART 39

- action or defense for declaration of absolute nullity of marriage - does not prescribe

*ART 40

- invocation of nullity of a previous marriage – required for purposes of remarriage

based solely on a final judgment

*EFFECTS OF TERMINATION DUE TO DECLARATION OF NULLITY

 1. children of subsequent marriage; conceived or born prior to termination – legitimate

2. property (absolute or conjugal) dissolved and liquidated

*either spouse contracting subsequent marriage in bad faith – his net share
forfeited in favor: common children, children of guilty spouse in previous
marriage, innocent spouse; in that order

3. donations by reason of marriage valid; EXCEPT donee contracted marriage in bad

faith – revoked by operation of law

4. innocent spouse may revoke designation of other in bad faith as beneficiary in any
insurance policy even if irrevocable

5. spouse in bad faith disqualified to inherit from innocent; testate or intestate

*IF BOTH SPOUSES IN BAD FAITH

- marriage is void; donations and testamentary provisions of one in favor of other

revoked by operation of law

*FINAL J RULES

i. final j must contain:

GR –

1. liquidation, partition and distribution of property of spouses; notifying all

creditors (spouses/ property)

2. custody and support of common children

3. delivery of presumptive legitimes

EX – such have been adjudicated in a previous judicial proceeding

ii. final j must be recorded

GR – in civil registry or registry of property; OTHERWISE:

1. not bind third parties

2. subsequent marriage of either of former spouses is void

EX – (no recording) if no property subject of liquidation, partition, distribution or

delivery as presumptive legitimes of children

iii. no decree shall be based on stipulation of facts OR confession of judgment

5. VOIDABLE MARRAIGES

- ff must be existing at time of marriage: PUCC PA

i. one or both parties; b/w 18 – 21, marriage made without parental consent;
UNLESS after attaining 21; party freely cohabited with other as husband
and wife

ii. either; of unsound mind; UNLESS after coming to reason; party freely
cohabited with other as husband and wife

iii. consent of either; obtained via fraud; unless after full knowledge of fraud;
party freely cohabited with other as husband and wife
 *NO OTHER FRAUD IS VALID EXCEPT: CPSD

1. non- disclosure of previous conviction by final j; crime with

moral turpitude

2. concealment of wife; pregnancy by other man; at time of

marriage

3. concealment of STD; regardless of nature; existing at time of

marriage

4. concealment of drug addiction, habitual alcoholism,

homosexuality, lesbianism; HALD existing at time of
marriage

iv. consent of either; obtained via force, intimidation or undue influence;

unless after such disappeared or ceased; party freely cohabited with other
as husband and wife

- threat must be unjust or illegal

v. either; physically incapable to consummate marriage; such is continuing;

incurable; unknown to other at time of marriage

*TEST TO DETERMINE PHYSICAL INCAP

- based on capacity to copulate: impotency or inability to have sex

*DOCTRINE OF TRIENNIAL COHABITATION

- presumption that husband is impotent if wife remains a virgin after

living together for 3yrs; burden of proof is with husband; applied in
England or US

*RELATIVE IMPOTENCY

- a person is impotent to his or her spouse but not with another man
or woman; ground for annulment (physical incapacity)

vi. either; afflicted with STD; serious; incurable

*WHO AND WHEN CAN ACTION BE FILED

1. parent not giving consent – within 5yrs after attaining 21 OR

parent of minor – at any time before 21

2. sane spouse OR guardian of insane – at any time before death of either OR

insane spouse – during lucid interval OR after regaining sanity

3. injured party – within 5yrs after discovery of fraud

4. injured party – within 5yrs after disappearance or cessation of

force, intim or undue influence

5. and 6. injured party – within 5yrs after marriage

*EFFECTS OF TERMINATION DUE TO ANNULMENT

1. children of subsequent marriage; conceived or born prior to termination – legitimate

2. property (absolute or conjugal) dissolved and liquidated

 *either spouse contracting subsequent marriage in bad faith – his net share
forfeited in favor: common children, children of guilty spouse in previous
marriage, innocent spouse; in that order

3. donations by reason of marriage valid; EXCEPT donee contracted marriage in bad

faith – revoked by operation of law

4. innocent spouse may revoke designation of other in bad faith as beneficiary in any
insurance policy even if irrevocable

5. spouse in bad faith disqualified to inherit from innocent; testate or intestate

*IF BOTH SPOUSES IN BAD FAITH

- marriage is void; donations and testamentary provisions of one in favor of other

revoked by operation of law

*FINAL J RULES

i. final j must contain:

GR –

1. liquidation, partition and distribution of property of spouses; notifying all

creditors (spouses/ property)

2. custody and support of common children

3. delivery of presumptive legitimes

EX – such have been adjudicated in a previous judicial proceeding

ii. final j must be recorded

GR – in civil registry or registry of property; OTHERWISE:

1. not bind third parties

2. subsequent marriage of either of former spouses is void (ART 53)

EX – (no recording) if no property subject of liquidation, partition, distribution or

delivery as presumptive legitimes of children

iii. no decree shall be based on stipulation of facts OR confession of judgment

D. LEGAL SEPARATION

1. GROUNDS PC F HALD BASA

i. repeated physical violence or grossly abusive conduct against petitioner OR
common child OR child of pet

ii. physical violence or moral pressure; to compel pet to change religious or political
affiliation

iii. attempt to corrupt or induce OR connivance in such of pet, OR common child OR

child of pet; to engage in prostitution

iv. final j of imprisonment more than 6yrs against respon; even if pardoned

v. drug addiction or habitual alcoholism of respon

*existing after the marriage

 vi. lesbianism or homosexuality of respon

*existing after the marriage

vii. bigamy of respon; Phil or abroad

viii. sexual infidelity or perversion

- each sexual infidelity is counted as one, hence if there are several, prescription
shall be counted from last infidelity

ix. attempt against life of pet

x. abandonment by respon; without justifiable cause; for more than 1yr

*WHO AND WHEN TO FILE

- only by innocent spouse – within 5yrs from time of occurrence of any ground

2. DEFENSES C4 MP
- petition shall be denied on the ff:

i. condonation – innocent spouse; forgives offender; subject to condition that

offense not be repeated

ii. consent – innocent; agreed to commission of offense

iii. connivance – innocent; consents to commission of offense

iv. mutual guilt – both parties given ground for legal separation

v. collusion – agreement of 2 spouses; one will commit or appear to commit

offense as ground for legal separation

vi. prescription of action – action not filed within 5yrs from occurrence of
cause

3. PROCEDURE

i. must be tried after 6mos from filing of petition (cooling off period)

ii. court has taken steps toward reconciliation but despite such efforts recon is highly
improbable

iii. no decree shall be based on stipulation of facts OR confession of judgment

4. EFFECTS OF FILING

i. spouses may live separately

ii. husband has no right to have sex with wife; if he forces her he is criminally liable

iii. court designate husband or wife to manage property; EXCEPT – agreement b/w
spouses

iv. court designate third to administer property; has powers of a guardian; EXCEPT
cannot alienate without authority from the court

5. EFFECTS OF PENDENCY

- in addition to no. 4:
 GR – court shall provide for support and custody of common children; court
shall give paramount consideration to choice of child 7 or over; EXCEPT if
parent chosen is unfit; no child below 7 shall be separated from mother; except if
unfit

EX – written agreement b/w the spouses

6. EFFECTS OF DECREE LP CIR

i. spouses may live separately; but the marriage bond is not severed

ii. property (absolute or conjugal) dissolved and liquidated; offending has no right to
net forfeited in favor: common children, children of guilty spouse in previous
marriage, innocent spouse; in that order

iii. custody of the minor child given to innocent spouse; court shall give paramount
consideration to choice of child 7 or over; EXCEPT if parent chosen is unfit; no
child below 7 shall be separated from mother; except if unfit

iv. offending spouse disqualified to inherit from innocent; testate or intestate

- testate:

EX – if will was executed after decree of legal separation, offending may

still inherit from innocent; latter’s act is deemed a tacit or implied
pardon

v. (upon finality of decree) innocent may revoke

1. donations to offending

- revocation must be made within 5yrs from finality of decree; must be

recorded; BUT alienations recorded in good faith before former
recording shall be respected

2. designation as beneficiary even if irrevocable of offending

- revocation has no prescriptive period; innocent may revoke so long as

policy is effective; revocation is effective upon written notification to
insured

*EFFECT OF DEATH OF PARTY BEFORE FINAL DECREE

- being personal in character; death of one party to legal separation before final decree
causes death of action itself; even if action involves property rights since they
merely constitute the effects of the decree

7. RECONCILIATION JUSF

i. joint manifestation

ii. under oath

iii. signed

iv. filed with court in the same proceeding for legal separation

*EFFECTS OF RECON

a. Pending case

- terminated at whatever stage

 b. Final Decree

- set aside

GR – separation of property and forfeiture of share effected shall

subsist

EX – spouses agree to revive former regime

1. execute agreement under oath

2. specify: property - to be contributed anew, retained separate;

creditors

3. filed with court in the same proceeding for legal separation

4. recorded

GR – not prejudice creditor not listed or notified

EX – debtor spouse has sufficient separate property to

satisfy creditor’s claim

8. EFFECT OF DEATH OF ONE OF PARTIES

E. RIGHTS AND OBLIGS OF HUSBAND AND WIFE MLFS P

i. live together; observe mutual love, respect and fidelity; render mutual help and
support LOR

ii. fix the family domicile

GR - spouses jointly

EX – in case of disagreement, court shall decide

*EXEMPTION FROM LIVING WITH THE OTHER

GR – court may; if one has to live abroad OR other valid and compelling reasons

EX – (no exemption) not incompatible with solidarity of family

iii. support of the family

- spouses jointly; from: community, income and fruits of separate, separate; in that
order

iv. management of household

- spouses jointly; from: community, income and fruits of separate, separate; in that
order

v. exercise a legitimate profession

GR – made even without consent of other

EX – objection on valid, serious and moral grounds: court shall determine:

1. WON objection is proper (grounded on any of foregoing)

2. WON benefit accrued prior to objection OR thereafter

a. Prior
 - obligation enforced against separate prop of spouse who did not
consent

b. Thereafter

- obligation enforced against community or partnership

*without prejudice to rights of creditors who acted in good faith

F. PROPERTY RELATIONS OF THE HUSBAND AND WIFE

1. MARRIAGE SETTLEMENT

- contract; by future spouses before the marriage; purpose is to fix their

property relations

ART 74

- governing law of property relations of the spouses:

i. marriage settlement

ii. NCC – co- ownership

iii. customs

in that order

ART 75

- regimes available:

GR – future spouses may agree on any of the regimes in a MS: ACSO

i. absolute community

ii. conjugal partnership of gains

iii. complete separation

iv. other regime

EX – if no MS OR regime agreed is void; absolute community governs

ART 76

- valid modifications to MS

GR – must be made before celebration of the marriage

EX – subject to 66, 67, 128, 135, 136

ART 77

- form of 75 and 76

i. writing

ii. signed

iii. executed before marriage

iv. not prejudice third; EXCEPT if registered

ART 78
 - minor who can marry may execute MS – to be valid; persons in ART 14 must
be made a party to the MS

ART 79

- person suffering from civil interdiction OR other disability may execute MS – to

be valid; it is indispensable that guardian appointed is made a party to
the MS

ART 80

- governing law of property relations (MS)

GR – Phil law; regardless of place of celebration of marriage and

residence

EX – contrary stipulation in MS

ex – EX - (rule is not applicable )

i. both spouses are aliens

ii. extrinsic validity of contract; affecting prop not in Phil;

executed in country where prop is located

iii. extrinsic validity of contract; affecting prop not in Phil whose

law require different from for extrinsic validity; executed in Phil

ART 81

- validity of MS

GR – everything in MS is void if marriage does not take place

EX – stipulations not depending on celebration of the marriage; valid

2. DONATIONS BY REASON OF MARRIAGE

- donations made before celebration of marriage; in consideration of same; in

favor of one or both future spouses

*GOVERNING LAW

GR – rules on ordinary donations

EX – donations of future property is governed by rules on succession

*SUBJECT OF DONATION

i. Donor is a Third

– can donate only present property; subject to limits for ordinary

donations

ii. Donor is One of Future Spouses

GR – either present or future

EX - cannot exceed 1/5 of present property of spouses; if regime agreed is

other than community; excess is void

iii. Property is Encumbered

- valid
 1. foreclosed and sold for less than total amount of oblig

- donee not liable for deficiency

2. foreclosed and sold for more than total amount of oblig

- donee entitled to excess

ART 86

- revocation of donation; by donor: PLAIN

i. marriage without parental consent if required

ii. legal separation; donee is guilty spouse

iii. annulled; donee in bad faith

iv. donee committed act of ingratitude

v. marriage is not celebrated OR judicially declared void; EXCEPT

donations not dependent on celebration of the marriage

3. VOID DONATIONS

GR – donations during the marriage between spouses OR common law spouses;

directly or indirectly; void

EX – moderate gifts to each other during family rejoicing

4. ABSOLUTE COMMUNITY OF PROPERTY

ART 88

- commencement – at precise moment marriage is celebrated; contrary

stipulation is void

ART 89

- waiver of community

GR – cannot be made during marriage

EX – in case of judicial separation of property OR marriage is dissolved

OR annulled; must be in public instrument; recorded

ART 90

- governing law to community – co- ownership

ART 91

- what constitute community:

GR – all property owned by spouses at time of marriage OR acquired

thereafter

EX – excluded

i. property, fruits and income acquired during marriage; by

gratuitous title; UNLESS expressly provided by donor to
be part of community
 ii. prop for personal and exclusive use; EXCEPT jewelry which is
community; EXCEPT FURTHER – jewelry included by
agreement of parties

iii. prop, fruits and income acquired before marriage; by owner-

spouse who has legitimate descendant in a former marriage

iv. (PRESUMPTION)

GR – prop acquired during marriage is community

EX – proven excluded

ART 94

GR - charges upon community: (2P L2 D 2T 2A S)

i. expenses for professional or vocational course; made by either
spouse

ii. expenses for professional or vocational course; made by common

children

iii. expenses for litigation between spouses; UNLESS suit is found to be

groundless

iv. debts and obligs during the marriage for the benefit of community;
made by designated OR both OR one with consent of other

v. debts and obligs that benefited the family; made by either; without
consent of other

vi. taxes, repairs major or minor; upon community

vii. taxes for preservation of separate prop used by family; made

during marriage

viii. ante- nuptial debts that redounded to benefit of family

ix. ante- nuptial debts other than those falling under (viii)

x. support of spouses, common children, legitimate children of either;

BUT support of illegitimate children is governed by rules on Support

EX – community is insufficient; EXCEPT for (ix); the spouses are solidarily liable
for unpaid balance; with their separate property

ART 95

- losses during the marriage in games of chance; chargeable:

GR – by the loser; permitted or prohibited; not chargeable to community

EX – winnings form part of the community

ART 96

- ownership, administration and disposition of community:

GR – belong to both spouses jointly; in case of disagreement;

husband’s decision shall prevail; without prej to wife’s right of
recourse to court within 5yrs from date of decision
 EX – other may assume sole powers; if one spouse is incapacitated or
unable to administer

ex – EX – transaction is continuing offer on consenting spouse and

third; deemed binding upon acceptance by other spouse OR
authorization by court; before offer is withdrawn by either
offerors

ART 98

- donation of community

GR – neither can donate without consent of the other

EX – (may even without consent of other) make moderate donations for

charity OR during family rejoicing OR family distress

ART 99

- dissolution of community: DLAN J

i. death of either

ii. decree of legal separation

iii. annulment or declaration of nullity

iv. judicial separation of property during marriage – ART 1134 – 138

ART 100

- effect of separation in fact of spouses to community

GR – no effect to community

EX –

i. spouse who leaves or refuses to live in conjugal home without

just cause; no right to be supported

ii. when consent of one is required in transaction of other; judicial

authorization must be obtained in summary proceeding

iii. when community is insufficient for support; both spouses are

solidarily liable with their separate property; if only one
spouse is present – he may obtain judicial authority to
administer fruits or income of separate prop of other in a summary
proceeding to satisfy latter’s share

ART 101

- abandonment of spouse: he left the conjugal dwelling without intention of

returning

- presumption of abandonment: he left the conjugal dwelling for 3mos OR failed

to give info within same period as to whereabouts; is prima facie presumed
without intention of returning

ART 102

- liquidation of community (procedure) (IDEN PP)

 i. inventory of community and exclusive prop of spouses

ii. debts and obligs of community shall be paid: from community assets;
EXCEPT if insufficient spouses are solidarily liable with their
separate property

iii. remains of exclusive prop delivered to spouses

iv. net assets of community divided equally to spouses; UNLESS

different division agreed in MS OR there is waiver of such share

v. presumptive legitimes delivered to common children upon partition

vi. in partition: conjugal dwelling and lot is given to spouse to whom

majority of the minor children choose to remain; children below
7 deemed to have chosen the mother; UNLESS court otherwise
decide

ART 103

- liquidation of community upon termination of marriage via death

GR – liquidated in same proceeding for settlement of estate of

deceased

EX – if no liquidation in settlement of estate; surviving spouse shall

liquidate community; judicially OR extra- judicially; within 1yr from
death

ex – EX – if no liquidation judicial or extra within 1yr:

i. disposition of community is void

ii. in case surviving marries again, mandatory regime of

complete separation of property shall govern

5. CONJUGAL PARTNERSHIP OF GAINS

- the spouses; place in a common fund; fruits and income of: their separate
property OR those acquired through their efforts OR by chance

- upon dissolution:

GR – net assets divided equally between spouses

EX - agreed otherwise in MS

ART 107

ART 88 same as absolute

- commencement – at precise moment marriage is celebrated; contrary

stipulation is void

ART 89 same as absolute

- waiver of community:

GR – cannot be made during marriage

EX – in case of judicial separation of property OR marriage is

dissolved OR annulled; must be in public instrument;
recorded
 ART 108

- governing law – partnership

ART 109

- exclusive property: EROG D

i. that purchased with exclusive money of either

ii. that acquired by redemption, barter, exchange; via property

belonging to only one spouse RBE

iii. that brought to the marriage as his own

iv. that acquired by each during marriage; by gratuitous title

v. prop donated OR left by will to spouses jointly; with designation of

determinate shares; UNLESS no designation of shares – share
and share alike

- donation is onerous – charges of donation borne by exclusive

prop of donee- spouse if advanced by partnership

ART 110

- ownership and administration of exclusive prop:

GR – each spouse retain ownership and admin of their exclusive prop;

OTHERWISE – alienation of by one of exclusive of other
automatically terminates AND proceeds are turned over to
owner- spouse

EX – one transfer admin of his exclusive prop to other; during the

marriage; by public instrument; recording it in registry where prop is
located

ART 116

- presumption of partnership:

GR – all prop acquired during marriage; in the name of one or both;

conjugal

EX – contrary is proved

ART 117

- ff are partnership:

i. that acquired by chance; winnings from gambling; EXCEPT – losses

borne exclusively by loser- spouse

ii. that acquired by onerous title; during marriage; at expense of

by common fund; in favor of partnership OR only one spouse

iii. that acquired by occupation; hunting and fishing

iv. that from labor, industry, work or profession; of either

v. that from livestock; existing upon dissolution of partnership in excess;

brought by either to marriage
 vi. that share in hidden treasure; of either

vii. that fruits: natural, industrial, civil from common property AND net
fruits: from exclusive prop of each

ART 118

- nature of property when bought on installments; paid partly from exclusive

and partly from partnership:

GR – belongs to buyer- spouse when full ownership vested before

marriage

EX – belong to partnership when full ownership vested after marriage

*this is without prej to right of reimbursement for amount advanced

by buyer (exclusive) or partnership; upon liquidation

ART 119

- nature of property when amount or credit payable within a period; belong to

one spouse:

i. exclusive – sums collected during marriage in partial payment on

principal

ii. partnership – interest due during marriage on principal

*without prej to right of reimbursement for amount advanced by

exclusive or partnership; upon liquidation

ART 120

- nature of improvements on separate prop of spouses; at expense of efforts of

either OR partnership:

i. exclusive – cost of improvement made by exclusive and increase is

less than value of prop at time of improvement; without prej to
reimbursement

ii. partnership - cost of improvement made by exclusive and increase is

more than value of prop at time of improvement; without prej to
reimbursement

*ownership of entire prop vested only after reimbursement upon

liquidation

ART 121 same as absolute

ART 94

GR - charges upon partnership: (PLDT AS)

i. expenses for professional or vocational course; made by either spouse

ii. expenses for professional or vocational course; made by common

children

iii. expenses for litigation between spouses; UNLESS suit is found to be

groundless
 iv. debts and obligs during the marriage for the benefit of community;
made by designated OR both OR one with consent of other

v. debts and obligs that benefited the family; made by either; without
consent of other

vi. taxes, repairs major or minor; upon community

vii. taxes for preservation of separate prop used by family; made during
marriage

viii. ante- nuptial debts that redounded to benefit of family

ix. ante- nuptial debts other than those falling under (viii)

x. support of spouses, common children, legitimate children of either; BUT

support of illegitimate children is governed by rules on Support

EX – partnership is insufficient; the spouses are solidarily liable for unpaid

balance; with their separate property

ART 122

- nature of paid personal debts

GR – if paid before or during marriage; charged against exclusive;

EXCEPT if it redounded to benefit of family, in which case it is
partnership

EX – if paid before marriage; charge against partnership only after

PLDT AS are satisfied; and spouse liable has no exclusive OR
such is insufficient; without prejudice to reimbursement upon
liquidation

ART 123 same as absolute

ART 95

- losses during the marriage in games of chance; chargeable:

GR – by the loser; permitted or prohibited; not chargeable to

partnership

EX – winnings form part of the community

ART 124 same as absolute

ART 96

- ownership, administration and disposition of community:

GR – belong to both spouses jointly; in case of disagreement; husband’s

decision shall prevail; without prej to wife’s right of recourse to court
within 5yrs from date of decision

EX – other may assume sole powers; if one spouse is incapacitated or

unable to administer

ex – EX – transaction is continuing offer on consenting spouse and third;

deemed binding upon acceptance by other spouse OR
authorization by court; before offer is withdrawn by either offerors

ART 125 same as absolute

 ART 98

- donation of partnership

GR – neither can donate without consent of the other

EX – (may even without consent of other) make moderate

donations for charity OR during family rejoicing OR family
distress

ART 126 same as absolute

ART 99

- dissolution of partnership:

i. death of either

ii. decree of legal separation

iii. annulment or declaration of nullity

iv. judicial separation of property during marriage – ART 134 –

138

ART 127 same as absolute

ART 100

- effect of separation in fact of spouses to community

GR – no effect to community

EX –

i. spouse who leaves or refuses to live in conjugal home

without just cause; no right to be supported

ii. when consent of one is required in transaction of other;

judicial authorization must be obtained in summary
proceeding

iii. when community is insufficient for support; both spouses

are solidarily liable with their separate property; if only
one spouse is present – he may obtain judicial authority to
administer fruits or income of separate prop of other
in a summary proceeding to satisfy latter’s share

ART128 same as absolute

ART 101

- abandonment of spouse: he left the conjugal dwelling without intention of

returning

- presumption of abandonment: he left the conjugal dwelling for 3mos OR

failed to give info within same period as to whereabouts; is prima
facie presumed without intention of returning

ART 129

- liquidation of partnership (procedure) (IDEN PP LAR)

 i. inventory of partnership and exclusive prop of spouses

ii. debts and obligs of partnership shall be paid: from partnership

assets; EXCEPT if insufficient spouses are solidarily liable with
their separate property

iii. remains of exclusive prop delivered to spouses

iv. net assets of partnership divided equally to spouses; UNLESS

different division agreed in MS OR there is waiver of such share

v. presumptive legitimes delivered to common children upon partition

vi. in partition: conjugal dwelling and lot is given to spouse to whom

majority of the minor children choose to remain; children below 7
deemed to have chosen the mother; UNLESS court otherwise decide

vii. loss or deterioration of movables for benefit of family belonging to

either; even if due to fortuitous event; paid from partnership

viii. amounts advanced by partnership; for personal debts; of either;

credited to partnership as asset

ix. reimbursement of either; for use of his exclusive funds; to acquire

prop owned by partnership

ART 130 same as absolute

ART 103

- liquidation of partnership upon termination of marriage via death

GR - liquidated in same proceeding for settlement of estate of

deceased

EX – if no liquidation in settlement of estate; surviving spouse shall

liquidate partnership; judicially OR extra- judicially; within 1yr
from death

ex – EX – if no liquidation judicial or extra within 1yr:

i. disposition of partnership is void

ii. in case surviving marries again, mandatory regime of

complete separation of property shall govern

6. REGIME OF SEPARATION OF PROPERTY

ART 144

- what constitute

GR – present OR future property OR both; total OR partial

EX – in partial; prop not agreed to be separate is part of community

ART 145

- ownership and administration – each spouse shall own and administer his own
separate prop OR earnings from profession OR fruits therefrom; during
marriage; without need of consent from other

ART 146
 - liability for family expenses

GR – borne by both spouses in proportion to their income

EX – in case of insufficiency or default – current market value of separate

prop

*solidary

7. JUDICIAL SEPARATION OF PROPERTY

GR – take place only upon judicial order: with sufficient cause OR voluntary

EX – express declaration in MS (even without judicial order)

ART 135

- sufficient cause for judicial separation of prop: PALA AS

i. respondent- spouse sentenced to penalty with civil interdiction

- final j is basis of granting judicial sep

ii. respondent- spouse judicially declared an absentee

- final j is basis of granting judicial sep

iii. loss of parental authority of respondent- spouse; decreed by court

- final j is basis of granting judicial sep

iv. respondent- spouse abandoned other OR failed to comply with his

oblig to family

v. spouse granted with power to administer in MS abused such power

vi. spouses were separated in fact for 1yr and reconciliation is highly
improbable; during filing of petition (“at time of petition”)

ART 136

- voluntary – procedure JP LDR

i. spouses must jointly file; verified petition for dissolution of regime
AND separation of common prop; all creditors of regime OR either
must be listed and notified

ii. during pendency of separation – community or partnership liable for

support

iii. once separation is decreed – community or partnership is liquidated

iv. after dissolution – complete separation of prop applies

v. recording of petition and final j granting; without prejudice to rights

previously (to recording?) acquired by creditors

ART 141

- instances for revival of regime existing before separation of prop:

i. termination of civil interdiction

ii. reappearance of absentee- spouse

 iii. court authorizes resumption of administration; when it is satisfied
that abuser- spouse will not again abuse such power

iv. leaving- spouse resumes common life with other; without decree of
legal separation

v. restoration of parental authority to spouse deprived

vi. reconciliation and resumption of common life of spouses separated

in fact

vii. after decree of voluntary dissolution; joint petition of spouses

agreeing to revive under ART 67; BUT no voluntary sep can
thereafter be granted

ART 142

- instances when administration of exclusive prop by one is transferred to the

other:

GR –

i. one spouse becomes guardian of other

ii. one spouse is judicially declared absentee

iii. one spouse is sentenced to penalty with civil interdiction

iv. one spouse becomes a fugitive OR in hiding as an accused in

criminal case

EX – if other spouse is not qualified due to: incompetence, conflict of

interest, other just cause – court appoint a suitable person as
administrator

8. PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE

i. man and woman; capacitated to marry each; live exclusively as husband and
wife; without marriage or under void one

GR - wages, salaries, property acquired by both through work or industry;

governed by co- ownership in equal shares (special co-
ownership)

EX – only one to a void marriage is in good faith – share in co- ownership

of party in bad faith shall be forfeited to ff upon termination of
cohabitation:

1. common children

2. (in case of default or waiver of 1) vacant share shall pertain to its

respective surviving descendant

3. (absence of 2) innocent spouse

*in that order

*PRESUMPTION OF OWNERSHIP

- property acquired during cohabitation; presumed obtained by joint

efforts; owned in equal shares
 - this is true even to a party who did not participate in acquisition - if
his efforts consisted in care and maintenance of family and
household

*here he is deemed to have contributed jointly in acquisition of

prop

*DISPOSITION

GR – neither may dispose his share; without consent of other; via acts
inter vivos

EX – disposition after termination of cohabitation

ii. cohabitation not falling under (i)

GR – only property acquired by both through actual joint

contribution; owned in common; in proportion to respective
contribution

EX – in case of absence of proof of contribution – contributions are

deemed equal

*IF ONE IS VALIDLY MARRIED TO ANOTHER

GR – his share in co- ownership belong to community or partnership of

existing valid marriage

EX – if one OR both acted in bad faith; marriage is void; his share in co-
ownership shall be forfeited to ff upon termination of cohabitation:

1. common children

2. (in case of default or waiver of 1) vacant share shall pertain to its

respective surviving descendant

3. (absence of 2) innocent spouse

G. THE FAMILY

1. CONCEPT

- the family, as the foundation of the nation; is a basic social institution; protected by
public policy

- family relations are governed by law:

i. between husband and wife

ii. parents and children

iii. brothers and sisters; full or half blood

2. EFFECTS ON LEGAL DISPUTES

GR – no suit between members of the same family can prosper (if no efforts to
compromise was in fact made – result in dismissal)

EX – appears from complaint that earnest efforts toward a compromise were made but
failed

ex – EX – rule shall not apply to cases which cannot be compromised

 3. FAMILY HOME (FH)

- dwelling house where spouses OR an unmarried head of the family and

their family reside AND the land where it is situated

ART 152

- constituted by – jointly by husband and wife OR an unmarried head of the

family

ART 153

- time of constitution – from time occupied as a family residence AND so long

as any of its beneficiaries actually reside

ART 159

- effect of constitution

GR – FH shall continue despite death of one OR both spouses

OR unmarried head of family; for a period of 10yrs OR so
long as there is a minor beneficiary; AND heirs cannot
partition

EX – (may be partitioned) there is compelling reason

*the rule applies regardless of who owns OR constituted the

FH

*BENEFICIARIES:

i. husband and wife OR unmarried head of the family

ii. their parents, ascendants, descendants, brothers and sisters;

legitimate or illegitimate; living AND dependent upon head
for support

*EXECUTION OF FH

GR – it is exempt from execution

EX – for:

i. payment of taxes

ii. debts before constitution

iii. debts secured by mortgage on premises; before or after

constitution

iv. debts to laborers; who rendered service OR furnished materials

for construction of building

ART 156

- nature of property as a FH:

i. community

ii. partnership

iii. exclusive; with other’s consent

iv. own property of unmarried head of family

 v. property subject of conditional sale on installments; where ownership is
reserved by vendor to guarantee payment

ART 157

- amount of FH

i. Urban – not exceed 300K; at time of constitution

- include chartered cities and municipalities whose annual income

at least equals amount legally required for chartered cities

ii. Rural – not exceed 200; at time of execution

- all other areas

ART 158

- disposition of a FH

GR – made by owner; with written consent of: person constituting,

latter’s spouse and majority of beneficiaries of legal age

EX – in case of conflict – court shall decide

ART 160

- right of judgment creditor to apply for sale of FH under execution:

i. grounds:

1. if he obtains favorable j; has reason to believe that FC’s worth

is more than that fixed by law; creditor’s claim is not the
one of the EX for exemption from execution of FC

2. if he obtains favorable j; due to subsequent improvements to

FH; by owner OR person constituting OR any beneficiary;
increased value of FC exceeds maximum fixed by
law

ii. application filed with court which rendered the j

iii. at execution sale – no bid below value of FC must be considered

iv. after sale – proceeds applied: to EX for exemption from execution of

FC, liability under j, costs; in that order

v. excess delivered to j debtor

ART 161

- for availing benefits of the law – a person may constitute OR be a beneficiary

of only one FH

H. PATERNITY AND FILIATION

1. LEGITIMATE CHILD DALA

i. conceived or born during marriage

ii. conceived as a result of artificial insemination of wife with sperm of husband

OR a donor OR both; provided husband and wife: WSBR
 1. authorized or ratified insemination in written instrument

2. signed by them

3. before birth of the child

4. recorded with birth certificate

iii. a legitimate child; despite mother’s declaration against its legitimacy

iv. a legitimate child; despite mother was sentenced as an adulteress

ART 173

- who may file action to claim legitimacy:

GR – child himself; during his lifetime

EX – transmitted to heirs; who have 5yrs from 1 or 2 to institute; if:

1. he dies during minority

2. he becomes insane

*action already commence by child shall survive despite death

of either or both parties

ART 168

- filiation of a child; when marriage is terminated and mother contracted

another; within 300d after termination of former:

i. former marriage – child born before 180d after subsequent marriage;

provided born within 300d after termination of former

ii. subsequent marriage – child born after 180d after subsequent

marriage; despite born within 300d after termination of former

iii. legitimacy or illegitimacy is proved by he who alleges – child born after

300d from termination of former

ART 174

- rights of a legitimate child: (BLS)

i. bear surname of father and mother

ii. receive support

iii. entitled to legitime

2. PROOF OF FILIATION

i. Legitimate Child

GR –

a. record of birth in civil registry OR final j

b. admission of filiation in public instrument OR private

handwritten; signed by parent concerned (father)

EX – (in absence of a and b)

c. open and continuous possession of status of legitimate child

 d. other means allowed by Rules

ii. Illegitimate Child (same as legitimate child)

GR –

a. record of birth in civil registry OR final j

b. admission of filiation in public instrument OR private handwritten;

signed by parent concerned (father)

EX – (in absence of a and b)

c. open and continuous possession of status of legitimate child

d. other means allowed by Rules

3. ILLEGITIMATE CHILD

- conceived or born outside a valid marriage; UNLESS provided otherwise by

law

ART 173

- who may file action to claim legitimacy:

GR – child himself; during his lifetime OR transmitted to heirs; who

have 5yrs from 1 or 2 to institute; if:

1. he dies during minority

2. he becomes insane

*action already commence by child shall survive despite death

of either or both parties

EX – action based on EX of proof of filiation – action brought during

lifetime of alleged parent

ART 176

- surname of an illegitimate child

GR – surname of the mother; since he is under the parental authority of

the mother

EX – surname of the father

1. filiation is expressly recognized by father

2. via record of birth OR admission in public instrument or private

handwritten

3. father did so when he had the right to institute action to prove

non- filiation during his lifetime

4. ACTION TO IMPUGN LEGITIMACY

ART 166

- grounds: PBA

i. physical impossibility for husband to have sex with wife within first
120d of 300d immediately preceeding birth due to: PLS
 a. physical incapacity of husband to have sex with wife

b. husband and wife living separately; sex was not possible

c. serious illness of husband absolutely preventing sex

ii. when proven that for biological or scientific reasons; child could not
have been that of husband; EXCEPT – ART 164: artificial
insemination

iii. in case of artificial insemination – authorization or ratification

obtained through VIMFU

ART 170

- when to file action to impugn

GR – within 1yr from knowledge of birth OR its recording; if husband

OR heirs reside in city where birth took place or recorded

EX –

i. within 2yrs from knowledge of birth OR its recording; if husband

OR heirs does not reside in city where birth took place or
recorded; but reside in Phil OR

ii. within 3yrs from knowledge of birth OR its recording; if husband

OR heirs does not reside in city where birth took place or
recorded; but reside abroad

*if birth was concealed or unknown to husband or heirs – period to

file shall be from discovery or knowledge of birth or recording;
whichever is earlier

ART 182

- who may impugn:

GR – only by those prejudiced (husband); within 5yrs from time coa

accrues

EX – heirs of husband only:

i. husband die before expiration of period for bringing action

ii. husband die after filing; without desisting

iii. child was born after death of husband

5. LEGITIMATED CHILD

ART 177

- who may be legitimated - conceived or born outside wedlock; of parents who

at conception not disqualified to marry OR disqualified only since either or
both were below 18yrs old

ART 178

- when legitimation take place – by subsequent valid marriage of parents

*annulment shall not affect legitimation

 ART 179

- rights when legitimated – same rights as a legitimate child; such shall retroact
from time of birth

ART 181

- effect of death of child before legitimation – benefit his descendants

I. ADOPTION

1. DOMESTIC ADOPTION

2. INTER- COURTY ADOPTION

*refer to Rules of Court

J. SUPPORT

1. WHAT COMPRISES

- everything indispensable for:

i. sustenance

ii. dwelling

iii. clothing

iv. medical attendance

v. education

- schooling or training for: profession, trade or vocation; even beyond age

of majority

vi. transportation

- expenses in going: to and from school OR to and from work

2. WHO ARE OBLIGED TO GIVE SUPPORT

- ff are obliged to support each other:

i. spouses

ii. legitimate ascendants and descendants

iii. parents and their legitimate children AND legitimate and illegitimate
children of latter

iv. parents and their illegitimate children AND legitimate and illegitimate
children of latter

v. legitimate brothers and sisters; full or half- blood

vi illegitimate brothers and sisters; full or half- blood; EXCEPT – for an of age
B/S; his need for support is imputable to his fault or negligence

3. SOURCE OF SUPPORT

GR – legitimate ascendants; legit or illegit descendants; legit or illegit

brothers and sisters - only separate property is liable for their support
 EX – (no separate) if capable: community or partnership shall advance support
without prejudice to reimbursement against spouse obliged to give support
upon liquidation

ART 198

- support of spouses and children during declaration of nullity, annulment or legal

separation

GR – from community or partnership; until after final j of granting –

mutual support for spouses ceases

EX – legal separation – court may order guilty spouse to support innocent

4. ORDER OF SUPPORT

- order of liability if 2 or more are obliged to give support: (S DAB)

i. spouses

ii. descendants; nearest degree

iii. ascendants; nearest degree

iv. brothers and sisters

ART 200

i. liability if 2 or more are obliged to give support:

GR – divided in proportion to resources of each

EX – in case of: urgent need and special circum; judge can order only one
to support provisionally; without prejudice of reimbursement against the
other

ii. liability if ONE is obliged to support to 2 or more; but has insufficient means:

GR - (S DAB)
EX – concurrent obligees are spouse and child subject to parental
authority – child is preferred

5. AMOUNT OF SUPPORT

- amount for NO. 2:

GR – in proportion to resources of giver AND necessities of recipient

EX – reduced or increased; proportionately according to reduction or increase of

resources of giver and necessities of recipient

6. MANNER AND TIME OF PAYMENT

ART 203

- time:

i. demandable:

– from time recipient needs it for maintenance from judicial or

extrajudicial demand
 ii. payable:

- within first 5d of each month

*upon death of recipient, his heirs not obliged to return

what has been received in advance

ART 204

- manner of paying:

GR – obligor has option

i. pay allowance fixed

ii. receiving and maintaining in family dwelling recipient

EX – (ii not allowed) in case of moral or legal obstacles

ART 205

- liability of object of support for execution:

GR – right, money or prop as support are exempt from levy on

attachment or execution

EX – amount beyond that required by law in contractual support OR

support by will is subject to levy on attachment or execution

ART 206

- support given by stranger without knowledge of person obliged to give it:

GR – stranger has right to claim from latter

EX – he gave it without intention of being reimbursed

ART 207

- unjust refusal or failure to give support when urgently needed – third may
furnish support; with right of reimbursement against obligor

*this is applicable when parents refuse or fail to support child under

age of majority when urgently needed

7. RENUNCIATION AND TERMINATION

8. SUPPORT PENDENTE LITE

9. PROCEDURE IN APPLI FOR SUPPORT

K. PARENTAL AUTHORITY (PA)

1. GENERAL PROVISIONS

ART 209

i. basis of PA – natural right and duty of parents over person and property of
their unemancipated child

ii. inclusion in PA – caring and rearing of children

ART 210

- renounciation or transfer of PA
 GR – cannot be made

EX – cases authorized by law

*WHO MAY EXERCISE PA JASB

i. father and mother jointly; in case of disagreement, father’s decision prevail;

UNLESS – contrary judicial order

*a child is obliged to obey his parents so long as he is under their PA

ii. absence or death of either parent

GR – parent present

*remarriage of surviving parent does not affect PA over child

in former

EX – court appoints another as guardian

iii. separation of parents

GR – parent designated by court

*limitations:

1. no child under 7 shall be separated from mother; UNLESS

there is compelling reason

2. choice of child 7 or over shall be respected by courts;

UNLESS parent chosen is unfit

EX – if unfit; appoint guardian

iv. absence, death or unsuitability of both parents

GR – substituted PA is exercised by surviving grandparent

EX – several survive – grandparent designated by court

*limitations:

1. no child under 7 shall be separated from mother; UNLESS

there is compelling reason

2. choice of child 7 or over shall be respected by courts;

UNLESS parent chosen is unfit

ex - EX – if unfit

ART 215

- testimony of descendant against ascendants

GR – none may be compelled; in criminal case; against parents or

grandparents

EX – testimony is indispensable against descendant OR by one parent

against the other

2. SUBSTITUTE PARENTAL AUTHORITY

- in default of parents or court appointed guardian: GBAH

 i. surviving grandparent

ii. oldest brother or sister; over 21; UNLESS unfit or disqualified

iii. actual custodian; over 21; UNLESS unfit or disqualified

ART 217

- for foundlings, abandoned, neglected, abused or other similarly situated child:

FANAS PA shall be entrusted via summary judicial proceeding to heads
of children’s home; duly accredited by govt.

ART 223

- authority – same as parents

3. SPECIAL PARENTAL AUTHORITY (SOWI)

i. school administrators, teachers, individual engaged in child care (STI)

ii. over minor child

iii. while under their supervision, instruction or custody

iv. extend to authorized activities; inside or out premises

v. cannot inflict corporal punishment

*LIABILITY OF STI

GR – STI is principally and solidarily liable for damages caused by

unemancipated minor

*parents OR others exercising substitute are subsidiarily liable

EX – no liability if proven they exercised proper diligence

4. EFFECT OF PARENTAL AUTHORITY OVER CHILD’S PERSON

ART 220

- duty of parents or substitute over person of child:

i. keep in company; support and educate

ii. give love and affection; advice and counsel; companionship and
understanding

iii. provide guidance

iv. enhance, protect, preserve physical and mental health; at all times

v. furnish educational materials; protect from bad company

vi. represent in all matters affecting interest

vii. demand respect and obedience

viii. impose discipline; when required

ix. others imposed by law

ART 221
 - liability of parents or substitute: civilly liable; for damages caused by
unemancipated child; living in their company; under their PA

ART 222

- remedy of parents or substitute:

GR – petition court where child resides in summary hearing; for order of

disciplinary measure; court may commit child to institution engaged
in child care accredited by govt.; for not more 30d

*here parent or sub cannot interfere in care of child BUT shall

provide support

EX – court finds petitioner at fault regardless of case’s merit; court may

order deprivation or suspension of PA

5. EFFECT OF PARENTAL AUTHORITY OVER CHILD’S PROPERTY

ART 225

- who shall exercise PA:

GR - father and mother jointly; in case of disagreement, father’s

decision prevail

*BOND REQ

1. if market value of property or annual income of child

exceeds 50K

- parents required to file bond not less 10% of value

of prop or income

2. venue - file verified petition for approval of bond in court:

where child resides OR if resident of foreign
country, where prop or any part is located

3. summary proceeding

EX - contrary judicial order

ART 226

- ownership and administration; of property acquired in his work, industry,

onerous or gratuitous title; of unemanciapted child:

i. child - devoted exclusively for his support and education; EXCEPT –

title or transfer otherwise provide

ii. parents – fruits and income of prop; limited primarily for child’s
support; secondarily to daily needs of family

ART 227

- ownership of property; the admin of which was entrusted by parents to

unemancipated child:

GR – net of property belong to owner of property; BUT child is given

reasonable monthly allowance not less than that, owner would
have paid an admin- stranger

EX – owner grants entire proceeds to child

 *proceeds given to child cannot be charged to his legitime

6. SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY

*PERMANENT TERMINATION

- not susceptible of revival: 2DES

i. death of parents

ii. death of child

iii. emancipation of child

iv. subject child or allow to be subjected to sexual abuse

*TEMPORARY TERMINATION

- susceptible of revival:

i. adoption of child

ii. appointment of general guardian

iii. judicial declaration of abandonment of child

iv. final j divesting PA

v. judicial declaration of absence OR incapacity of person who has PA

*SUSPENSION OF PA (A)

- reinstatement is automatic, no need to file a case:

GR - conviction of parents for crime with civil interdiction

EX – (automatic reinstatement) service of penalty, pardon, amnesty

*SUSPENSION OF PA (B)

- reinstatement is via filing a case:

GR –

i. treats child with excessive harshness or cruelty

ii. compels to beg

iii. subject or allows to be subjected to acts of lasciviousness

iv. gives corrupting orders or example

v. above grounds committed due to culpable negligence

EX – reinstated by filing case; upon court finding that cause has ceased
and will not be repeated

7. SOLO PARENT’S ACT

L. EMANCIPATION

1. CAUSE

- attainment of age of majority; at the age of 18

2. EFFECT
 GR – (for any cause)

i. terminate PA over person or property of child

ii. child is qualified and responsible for all acts of civil life

EX –

1. due to marriage

- only upon attainment of age of 21

*parental consent for marriage is required from 18 - 21

2. due to attainment of age of 18; BUT involves child or ward under 2ND or 3RD
PAR of ART 2180

M. SUMMARY JUDICIAL PROCEEDINGS IN FC

ART 238

- applicability – all cases requiring summary court proceeding

i. judicial authorization for a transaction requiring consent of other spouse:

1. husband and wife is separated in fact OR one abandoned other

2. transaction require consent of both spouses

3. consent of other is withheld OR cannot be obtained

4. filing of verified petition; contain: proposed deed OR if none, substance

thereof

ii. judicial authorization to administer separate property of abandoning spouse

AND to use fruits thereof for support of family

*DAMAGES

GR – can only be litigated in a separate proceeding

EX – costs of proceedings

*JURISDICTION

- court authorized to hear family cases OR RTC; where either of spouses reside

*NOTICE OF HEARING

- upon filing of petition; spouse who’s consent not obtained; serve at his last
known address; notice to show cause

*PRELIM CONFERENCE OR HEARING

GR - conducted personally by judge without counsel for the parties

*ATTENDANCE OF NON- CONSENTING SPOUSE

GR – court shall inquire into reasons for absence AND require his
attendance

EX – despite efforts to secure attendance, presence not obtained –

court proceed ex parte and render judgment
 EX – petition not resolved at initial con; summary hearing is conducted
(subsequent con); parties may be assisted by counsel; judgment rendered
on basis of affidavits or oral testis which is immediately final and executory

ART 249

- petitions under ART 223, 225, 239 (PA)

1. verified petition

2. filed in court where child resides

3. notice of hearing served to parents or sub

ART 253

- petitions under ART 41, 51, 69, 73, 96, 124, 217; ART 238, 249 shall apply

N. USE OF SURNAMES

i. Father’s Surname

1. legitimate

2. legitimated

3. children conceived before decree of annulment

ii. Mother’s Surname

- illegitimate child

iii. Adopter’s Surname

- adopted child

ART 370

- surname of a married woman:

i. maiden first + maiden surname + husband’s surname

ii. maiden first + husband’s surname

iii. husband’s full name prefixing “Mrs”

ART 371

- surname of wife after annulment:

i. Guilty

- maiden first + maiden surname

ii. Innocent

GR - resume maiden name + surname

EX – may choose to continue former husband’s name

ex – EX –

1. court otherwise decrees

2. she or former husband marries again to another

 ART 372

- surname of wife after legal separation: continue using her name and surname before
legal separation

ART 373

- surname of widow: may use husband’s surname as though living

ART 374

- rule in case of identity of names and surnames: younger person obliged to use
additional name or surname to avoid confusion

ART 375

- identity of names and surnames between ascendants and descendants:

i. Son (only) – Jr.

ii. Grandson and Other Direct Male Descendants

1. add middle name or mother’s surname

2. add Roman Numerals II, III and so on

ART 373

- usurpation of name and surname

GR – actionable for damages

EX – pen names: done in good faith AND does not injure third

O. ABSENCE

1. PROVISIONAL REMEDIES DURING ABSENCE

i. upon motion; judge may appoint a person to represent absentee in all

necessary when: DWAE

a. person disappears from his domicile

b. his whereabouts is unknown

c. without leaving an agent to administer his property

d. he left agent but power conferred expired

ii. judge shall take necessary steps to safeguard interest of absentee

iii. judge shall specify powers of representative in accord to guardians

iv. person to be appointed

GR – spouse present is preferred when there is no legal separation

EX – (no spouse or spouse present is minor) any competent person

2. DECLARATION OF ABSENCE

ART 384

- time to declare absence:

i. after 2yrs without any news of absentee OR since last news

 ii. after 5yrs when absentee left agent to administer prop

Art 385

- who may file petition to declare absence: STI

i. spouse present

ii. heirs in a will testamentary

iii. relatives succeeding by intestacy

iv. those having over property of absentee, a right subordinated upon his
death

ART 386

- effectivity of judicial declaration: after 6mos from publication of j

3. ADMINISTRATION OF PROPERTY OF ABSENTEE

ART 388

- limit on wife’s power appointed as admin: cannot dispose or encumber

husband’s property or partnership without judicial authority

ART 389

- cessation of administration:

i. absentee appears personally OR by agent

ii. death of absentee is proved and his testate or intestate heirs appear

iii. third appears showing docs acquiring absentee’s property by

purchase or others

4. PRESUMPTION OF DEATH

i. All Purposes; EXCEPT Succession

- absence of 7yrs

ii. Succession

GR - absence of 10yrs

EX – disappeared after age of 75yrs old – absence of 5yrs

iii. All Purposes – absence of 4yrs from loss VAAO

1. on board: vessel lost during voyage OR airplane missing

2. enlisted in armed forces during war

3. in danger of death under other circum

ART 392

- right of reappearing absentee (reappears OR existence is proved):

GR – recover his property in condition found AND price of prop

disposed

EX – cannot claim fruits or rents thereof

P. CIVIL REGISTRAR

- entries to be recorded in civil register: (BMDL JJ LAANEC JVC)

a. births

b. marriages

c. deaths

d. legal separation

e. j for annulment

f. j for declaring marriage void ab initio

g. legitimations

h. adoption

i. acknowledgement of natural child

j. naturalization

k. election, loss or recovery of citizenship

l. civil interdiction

m. judicial determination of filiation

n. voluntary emancipation of minor

o. changes of name

ART 411

- liability of civil registrar for unauthorized alteration:

GR – civilly liable to any person suffering damage

EX – exempt from liability; if he proves he has taken reasonable precaution to

prevent unlawful alteration