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' ~, __ . 1' 2007 CENTRALIZED BAR OPERATIONS

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EFFECT AND APPLICATION CIVIL CODE • took effect on August

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;to"J

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OF LAWS .

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30,1950

ignorance of forelgnJ.i:~.~!afJprance law,\1J:grl.a!l9!ance of'fl:l't"fElJj! there being no Judicial notice of said foreign laws. (Adong v, Cheong Seng Gee, 43

IEffeCtiVity of Laws (Art. 2}
;GENERAL RULE: laws take effect after (tS). days following the completion of publication in the OFFICIAL GAZETTI7 or , in. .a i newspaper of . GENERAL CIRCUL~TIO~(EO No. 200)

Phil_ 43).

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Non-Retroactivity

of Laws [Art, 4)

GENEf-?AL RULE: Laws have no retroactive
efFect. ,

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XCEPTION: Unless

otherwise provided by the law. This refers to the 15_-day period and NOT 'to the requirement publication. (Taflada ~s. Tuvere, 146 SeRA 446)

or

Tl"'I, 1_ )ter 2,
. FH1

EXCEPTIONS; (TIP--'--CEL-UP)
Tax laws jj;terpretatlve statutes frocedurallremedial £urative statutes £_mergency laws haws creating new rights !lnless the law otherwise provides. fenallaws favorable to the accused

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OTE: Internal lnstructlons of administrative ncles I and municipal ordinances are at en:~d by this requirement. .. A fninlstratlve rules and regulations {@ill also belJiabllSfl@liftheir purpose is to : enforce ,or implement eXisting laws pursuant a valid delegation,

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EXCEPTIONS TO THE EXCEPTIONS: 1, Ex post facto law,..s .t.-~J 2. Laws that "iMpair obligation
-f,xf' contracts

of

The- p.U.bJication must be jn_M/ since its purpose is to inform the public of the contents 9f the law. (Phil. 'In(l Trading Corp. vs. A,.ngeles, GR No, 10846, October

,

21, 1996)

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NOTE; .:. Rtjle on grospectlve applicetillD of laws applies to "judge-made-Iaws" (Article Bin relation to Arbele 4 of the Civil Code) (Co vs. Court of Appea/s,227 SCRA 444) Acts Contrary To Law (Art. 5)

t e law excuses no one)

. -

l!nOl'anua legis

non excusat (Ignorance of (Art. 3) . . a CONCL8Slv~resumption and applies only to mandata and Qrohibitory laws,
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GENERAL RULE: Acts which are contrary tQ '_andatory or ;;r:ohibitory laws are VOID .

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JltJAN JACOB OVeJ'---dU dl3ir, RHYNE YPUlONG vice c!1.7ir fbr ojJer.7[ionJ, R~GINA BATAC vice ch.1lr mr acutemks; APRIL CABEZA vice C/w'r lor sccretariu; ~ . RACHEL DICIANO vice chair for ffnance" A YN SARSABA vice dl.l/r fix olectnmk: dafi1processing; ~AXIMJLlAN CHUA chaIr, for logistics

E:<ECUTIVE C@MMITIEE

(iWiltMi MARK
K1.TRINA

JOHN DALE BAU.lNAN

CATHERINE ATIENZA subject t"ha!r JULIUS ESTUR ass/stantsub/ecl chair
edp . ' . .

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law

J~NIFER BAUTISTA persons and ramify relation~ KRISTAN CARLOS ... AlZATE Jllcce.Dfon"DEEPEE SALAZAR obf"pdoflS snd con.tr.lCl~ DONNA)) RIPWENA MUTIA p.1JtnerslJ/p" 3gt;'ncy and trust; IRENE MAY JUNIO credIt traI1.iaf;'tibl1-t'.1~IC td(ts.md damages, MARK JULIUS ESTUR land tides snd deeds; KATRINA CA

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MkMBERS: Marinelli Martinez, Abigail CamllJe Pizarro, Raymund Jonas Flores, John '. . Beramo, Rainer Dela Fuente, Ralph Jerome Salvador, Marben Solis, Diana lopez, Minerva Jimenez, Vincent CabJao, Jfer Rayos Delsol, Francisco Angeles, Ley CabJngon,', ' G1ra1d Dela Cruz, Lelra Tarue, Christian Je5sie BalalJa, Reiner Yebra, Camllo Danae, Jr., G~m!cks Bueno, joy Hautea, Ronald SuUa

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lvfEMORY AID IN CIVIL LAW

EXCEPTIONS: , 1. When the 2. , 3.

Itself authorized its validity (exllotto, sweepstakes) When the Ilaw makes the act only voidab~ ,a~d not void (ex. voidable, comracts w~ere consent is vitiated) When the I,!w makes the act valid punishes t~e violator (ex. marriage SOle. nized by a person without legal m authority)

I law

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4. the community accepts of ,acting, SLlChlJiat obligatory upon all (Art. 13) it as a proper way it is considered

Rule on Periods

@

Policy if the Last Day' is a Sunday

or a

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Waiv~r

of Rights

(lrt.

6)

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{/O

Legal Holiday: (a) If the act to be performed within the period Is prescribed or allowe:,d (1) by the Rules of . Court, (2) by an order of the court, O~(3 "'5f8ny other applicable statute, the ast day will automatically be the next war 1

GEN~RAL rULE: ~i9"'S

cfn1e

~

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waived.

EXCEpnONS:CP~N ' " 1., If the waiverls Contrary to law, public order, publIc policy, morals or good customs (LPPMG). - cc, 2.: If the waiv r Is Prejudicial to a third parlywith a rightrecognized by law. - cc, 3.: Alleged rl tswhichreally do NOT yet

(b) If the act to be performed within the period , arises from a contractu latio act will become due es it the fact that the

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LawsAppllcabls • •.

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upon Gil thr de

1. Penal laws and laws of public security
territoriality rule governs laws of the Philippines will govern ALL those who live or sojourn in it

4.:

Exist, as in" the case of future inheritance If the right i a Natural Fight such as right

thE

to be TPported.

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:2. Laws relating

RequIrements fo a of Rights: (CUACF)', ." . k~ , 1. waivingparly rr)ust have th~~ ,g,apacity tq make the wai~er. I r..at Cl.n,I-iC\1N1'lI1A2. waiver must be lear and .!Jnequivocal. T ~. Actually hav~ e right he Is renouncing. . 4. walver must no be Qootrary to law, public policy, 'morals or good ; customs or , :prejudicial to al third person with'. a right recognized by law. L.PPM&!IOlt ,tt\
5.
.' formalities

waIver:

• •

to famify rights and duties, or to the status, condition and . legal capacity of persons (Art. 15) la }\J_l::ic-r.o..ttl. .Dationality rule applies 'raws of the Philippines will govern its citizens, regardless oOheir residence

lav

EXCEPTiON: Art. 26(2) Family Code
NOTE: ):- Domiclliary rule supplants the , rule in cases involving stateless nationality persons

Co rigl dut , cor leg

Exc
Art of Co.

wner

flormal~fles are. required, ..
muste com~lie:..d,With,

the

CUSTOM (Arts. 11 and 12) };> rule of conduj formed by] repetition of acts, uniformly bserved as ~ social . rule, legally binding nd obligatory!. .
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3. Laws on property • lex rei si~ applies • real property, as well as .persoOClI properly is subject to the 1§_w....nUbe:.co.Untry_w..!ll'l.re...it ~.uated. (Art. 16) 4. , Laws on forms and solemnities

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GENERAL RULE: dustom must ibe proved-as lUCC'1· I nfi fu the, tHlf er~Li~il<C-(C.

a~ct ,

matters bearing upon the execution, interpretation and ya1idity of a contract are determined by the law of the plaCe where the cont.r:ru;t is mada (Art. 17)

lex loci celebrationis applies-

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NOTE:
a Custom an Obligatory been

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t" par. validity of con instruments, It ;":;'''',.a~.~.
govern the in

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or the ac~s have en

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d by the 9reat mass of the soCfalgrou . ; • the practlce ha . been going on for a jQD.g ,period Oni~e..i) ,

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.. family Covers ~ and real dulles. 17) GENERAL RULE: Prohibitive LEX NATIO- NALII Art.tbird coootFy.Tndlvrdual .llmofc e ue . . contracts . Roberto Reyes (Amay Bisaya) G. Rule on Prohibitive Laws (AI1. par. . law as injury) . if the above places are not s Bcifled and they 'fC.. 21 (Acts Con Elements: '1.R. judgments promulgated or conventions agreed' upon in foreign country.-!~ ~!]_:. then the law of the passive subject shall apE.~JD-~ '~leht<U. 21 of the Nee ICovers r--"'-- . 2 of Familr Code "V'LW:~(. There is a 1. f' 1. . ~I condition and . . (A/benson Ent.SP. 16.. 26. Art." should be proved by the proponent thereof otherwlse. noy Dl. GR No. 1 10 of Family Code 1.:." -knowingly and voluntarH e . Amounl 'of abroad.'TIO~J$.J.from the nature an circumstances of the obligation.. QOOUict nrl€ils of the~ ~ and the J~efers pack-toJbe internal law. the said country's laws shall gaYer!"\. 19 (Abuse of Right) Elements (LEP): 1. Intrinsic involving validity of tha.l·. 20.£apacity (marriage succeed 2.r£ld was EXCEPT/ON: 6!:.'15.. CC Law of the where place the property Is sltuatedlS the basis for delermining la"Y. such law shall be pl.I I ~an 3. Which is gxercised in bad faith. There is an act .Jy.. 19. jl1JlebaQC:oUegeof ]law ·:3 . . ~~( ~~D ~an~~ Ga~e~. tJltl.. Baals forqetennlnlng personal law of an .. .l!. DIVorce La~ HUMAN RELATIONS Arts. refers. Doctrine of Processual Presumption . 26. Tile ffl. 1993.tt) ! Exceptions: Exceptions: (CIAO) 1.---Art. 2007 CENTRALIZED BAR OPERATIONS In the defaulLthereof and the ~ are of the same nationalities~ nationalla half be a lied.l!:tg the personal lawaDDllc~ LEX REt'" 11" LEX Wei":: SIT AE 'j CEtEBRAi. 2. lntrlnsic. . the law of the plaGeQ[ the perfection of the·.§S.. 2. ~rt. and. the~(law the forum) shall apply.t.be-exact' y.' morals.. Qrder of succession ~y j .. af Pil Sl~tc. 4. will' when 3. 88694 Jan.~to. 2005) .. such are void in successional : rights tile Philippines) of 2. t]QO 6.same-as-the~ of thefoCJ.!.llllplc: II. Is hIs ~O~:I No..J utes on Per onal Law 2.4259.:'.. CA. it of Art. status.. CC Law of the place 1M where execu t!ill f!5 til e basis for determinjn~ applicable Covers only the ~fldsolemoities (8xfrinSic. if tlje partie are of same nati 0 nalitLW .. Filipinos aolarnnizad .:. public policy or good customs are rendered ineffective by laws.. cu3toms.Rl1cable both and Art.ill.c' If tile fOiei~n law refers it to a.reign.-law. Its essence OInd nature of the place of the performance shalf govern its fulfillment.. !~ which is~~~~. Corp. 26 par 2 Family Code [x. For the sale intent of Erejudlcing or injuring another.~.h13s -.egal right. obligation shall govern. . 4.l-i I. 28. 17. . ~t' a1/ vs. 3. NOTE: TRAf\13rv1ISSION THEORY .ullled.Q[Qp.. th e.lJ.>:.edy legal caf!acll)1 : . • Is hls (damage' J' • Renvoi Doctrine Where the. -. Exception: I Art. ~... their acts or property and laws which have for their object public order. . setf inflicted inJudes or to the consent to injury which precludes the recovery of damages by one who.. ear.. A. public order. 11. Feb.?-' validity) laws concerning persons. ..'. whenBver apgljcab'¥.. ztr SCRA 16) I Doctrine of Valenti non fit injuria (to which person assents is not esteemed in. . t 5. . CC Cillzensbip is the basis for detennln. vs.

. the act ry to law. plaintiff has no other action based on contract..-_' ~ .QDtrary. GR No. the resolution of which ls a logical antecedent of the issue involved herein.3.t riOv . . Art. cognizance of which pertains to another .~wedding and go through and all the wedding preparation and only to walk out of it when the rn""tr-irnn. >-- aptitude of being the subject. crine or quasidelict. defendan has been enriched. .' 19. it has been held that to b~:.. CA.. of Unjust EJuichment) Rem Verso.'" j I t 1'< I' ' . 2177: quasi delict or culpa aqulllana The Civil Code has suppletory application in matters governed by special laws " ~ means NOTE: • . physical injuries .that arises in a' case./t. of promise to marry is ..action for what has been paid without When the law grants an independent civil action a. Requisites: . 33: defamation..to be solemnized is matter. Art. ' C.of rights and 'obligations I I ... . the criminal case takes precedence. 7. (Wassmer February 1965. !':!~~!!lliU~$~~~~ b. to another may be ..1h.. 11. . and the . • . Requisites: (Sec... Art @l does ~~~~~" the act may be done either or negHgentl}y' (Albenson Errt.1.. Art. 88694.~'''''G. Rules of Court) a. -This is ~y and '"rn'. - ~----_. SCRA16) However.. fraud. ~ with intent to inj!J[e 4. basis for an award of nd 21 -the act ~st be (nI:5A-tioI:ual~_ However. /I.T2!J~a. . EXCEPTIONS: 1_ When there is a prejudicial question or a' question. 36 (Prejudicial Question) GEN£RAL RULE: Jf both criminal and civil cases are filed in court. was about. 32: breach of constitutional and other rights . . -Arts. . and The resolution of' such issue determines whether or not the criminal action may proceed 2.. quasi-contract. active' or passive. Art.i!. Rule 111..... 34: refusal or failure of city or muncipal police to give protection d. --.. good customs for to defendant must be held in accordance Code. an act which' ses injury.2: ' plaIntiff h I suffered a Joss. . a~d -. . ] -p. tribunal. Previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action. b.' 13 ... Priin""il1l". 20 and 21 are related to each 'other I under these articles. Jan. the • rnent of the defendant is without ground.4 PerSQIlS MEMORY AID IN CI and FallliJy Relations w 3. • c... Art.

subject to the following conditions: a.!. ':.:Ql:=. A.Ljjlll"" •• ali'•• _ .:I~le~(Jl!::... proof. " . as to which of them died first."....~&::. . capacity to act. 2 SCRA. called to succeed each other.. When is a Child Considered Born GENERAL RULE: For civil purposes.'!X.~.. civil interdiction NOTE: • Art 39 is said to be broader than Art 38.~"'~:"~~. Presumption of survivorship Rules: • Two or more persons. Sec. • I The presumption as to child's personality applies ~nry in cases beneficial to the child... institutions' and entjties'~· .. (Article 41) C.. . minority 2._·-.. .... ... and 2. prodJgaJlty 5. modified or limited B.-. : . I .':·: " CAPACITIES ..!i. • NOTES:. limited. with doubt as to who died first l .__ ~--r . whoever alleges tile death of one prior to the other.' I. 8~1) ! ' I 'laws creati corporations _.. partnership by the provis partnerships. GENERAL . GENERAL kULE: Birth determines personatlty (actual personality). Both are to be applied only In the absence of facts.'". L-16439.. '.!n~fj@=eb~R::.. . Therefore. C. as between two or more persons who are called to succeed each other.. no proof as to who died first c... (Ga/uz lj's.. of course. b." . considered an for..partnershlp.e. parties died at the same time (Article 43) NOTE: • Art 43 applies when the parties are called to succeed each other. which . EXCEPTION: The .. .-. restrained Applies to Juridical persons This limits the power of juridical persons only to those thai are expressly conferred upon them or those which can be Implied therefrom .. the . or incidental thereto Restrictions (Art..::::1[:=n~tu:. -.39) ori capacity to act 1. -. ( leao L-26795.law considers the conceived child' as born for aU purposes favorable to it If born alive. ...---·.o:::. (Art.fllMlUl. July 1961.:. The concept of pr. State and its political subdivisions ... 44) . CA.-'.lll1iDi$1I4"'$. '.: presumption is that the.38) I Modifications (Art. . Corporations..:R::!.. Art 39 includes not only the restrictions on ffmitations but also those qircumstances that modify capacity to act. ~.. state of being deaf mute 4. parties are heirs to one another b. For While Art 38 refers to restrictions on . " .. Corporations. .:::o~f . shall be presumed to have died at the same time. has two characteristics: r. insanity or imbecility 3.the purposes . the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. and distribution of his estate which. associations for private interest :(ArC .. Rule .. SPECIAL::. ProVISiOnal/COnditional Quimiguing vs.I· . JURIDICAL PERSONS • WHO: a.CAPACITIES'.. j . III.'" shall prove the same 2_ in the absence of .____ 2007CENTRAUZED 5'.' . 131. -"-~~~·""""·-. 3 OJ) of the Rules of Court applies. NATURAL PERSONS " .: 'I"-"-~~"'"~-. for public purpose or interest . ..ovisional personality CANNOT be Invoked to obtain damages I for and in behalf of an aborted child. EXCEPTION: If the fetus had an intrauterine life of less than 7 months. I i I I I Applies to natural persons One has the ability to do all things with lega] effects except only in those specific circumstances where' the capacity to act is . .:<~. it is not deemed born if it dies within 24 hours after its complete delivery from the maternal womb. Beginning of personaflty . if there is' doubt. BAR OPERATION~ Can exist wllhout capacity to act Cannot be limited or restricted Cannot exist without juridical capacity Can be restricted. THEORIES ON CAPACITY TO ACT THEORV OF THEORY Of. 34 SCRA 132) -. 40) !t I . But if the parties are not calJed to succeed each other. . I' ------. .__ ~. The estate of' be.:ar\c!{~. fl. .. the child has a -presumed personality..v ! NOTE: ..~ .:'.

f. . ) place. I ~"7~-=::"":':':'I~':=. rabbis. 27. 3. other be pr~sented In support e evld9nce need not .. (Art..!greement Can be dissolved by mutual agreement and by other legal causes .-. . . not under any impediment mentioned in Art. 7) Qriests. . the controlling Article is Art.. in the a . I·' .-'-'-::.1).r( natural persons: by death (Art. 1) . .IN~IYJ~. I' ~ . 1:egal capacity of the contracting parties.b[cense 3. Persons f.IR4llJn.: i»' I. A' sj:!ecia _contract of permanent union between' man and a woman-entered into in'.'which su lved after his death. 42) 2. . who must be a male and a female a. whether between Filipinos or foreigners or mixed. accordance with law for the eslabllshrnent . Absence of essential or formal requisites • the marriage is void ab initio 2.Cessation of Civil Personality .'iU . ship £apt~ins or ' • can solem articulo mortis creW members '5. or directly establish the ' but at 'least be enough to "tr ••nnth". . jf performed ABROAD. .-. (BaJogbog vs 259 /1997J).riJ 1948..' . Valid Marriage . b. of A.'. Irregularity in any of the formal requisites • Does NOT affect the validity of the marriage BUT will hold the party responsible for such irregularity (Article 4) . the marriage is VOID because physical appearance is required under Art.1. members of the 4.---. ' .No 155733.. _ Effects: 1. No: L. January .iMMlnl!~)1]3 Family Code fthe Philippines .tf\_W lnclude tie a male Can be dissolved only by death or annulment by not mutual . 3) '* \j ~~a primary evidence of =. (Limjoco 'VS._"__ \S Jlotalways proof a 'marriage " 'contract is . Marriages by proxy L if it was performed in the PI-:IIUPPINES. 26 of the FamJly Code O.n' the presunjptlon of marriage.Qonsent freely given in the presence of a • solemnizing officer (Art. exercise dU~ing the judicial admlnistr~tion thereof 'of those rights and the fulfill ent of those oblJgationsof his ..37 and 38 2.niitim. 2) 'B. MARRIA .j I:.-. Defect In any of the essential requisites • The marriage is voidable 3.existence . Marriage ceremony where the contracting parties appear before the solemnizing officer. 80PhiJ. Authorized To Solemnize Marriages: (PMJCCC) (Art. . any male or female of the age of eighteen years or upwards b.ommanders of military unit. took effec August 3.• ' " I ' . . of Ilal){ leans toward r".-:-77 Ae.. Essential requisites: (LC)' 1. tnte« fa Estate of Pedro Fragrante. and ministers of any church a. '1988 I" .:J. ". 6 2.i7itlr:. 1. registere Registrar I. 776)) MEMORY AID . 2. Its natura consequences and incidents are fixed ijy law and cannot be the subject of stipulation. Marciana vda de .. If Juridical persons: by' termination . with their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age (Art. ' munibipal and -". Hable C.. marriage (Delgado vda de' De Heirs of. ~uthority of the solemnizing officer 2. duly authorized:'~~~!i~~§J religious iI:.nr"~lltmm[.of conjugal and family life. Once the of rnarriaqe arises. 'Although considere Formal requisites: (ALM) .

:.Its ' conformity to the foreign law allowing it It· " must be shown that the divorce decree allows the former spouse to ramarryas' specifically required in Art. 154380. . . 26: (a)there is a valid marrIage that had been celebrated between Filipino citizen and a foreigner. • _ z. -. contracted through mistake of . marriage at a house.tZiU ijj a 2 aQ . void for reasons of public policy MARRIAGES EXEMPT FROM LICENSE REQUIREMENT: (MOLAR). Oct 5.. chapel or temple 3. 5.· marriage con the union.:.. . marriage license is required by the-country.' . consular vice-consul NOTE: Two elements for the application of par. on. (b) a valid divorce is obtained abroad by the allen spouse capacitating him or her to remarry. 2.morte): . 1. 2005). Gabriel 56 OG 3555) I I • Foreign AParrlages alldlty of MarrIage: ENERAL R&LE: Where· ol']e.:. Cipriano Obrecido 1II (GR No. bigamous or polygamous (except as provided for In Art. . 26. CEPTlONS.I . be applicable to valid mixed.O~~~ provision is only directory. " '" . 2005) ..one party as to the identityanlle 'other 4. . marriages between a Filipino citizen and an alien. . consuls on home assignment in the Philippines cannot solemnize marriage OPERATIONS E.:.atu 2007 CENTRALIZED BAR 6.• . 1. The reckoning point is their crt!zelJ:s~ip ~t the time a valid 'divorce is cbtalned abroad by tile alien spouse capacitating the latter to re-marry. The 5-ye computed a .' divorce as a fact and demonstrate . .• r ! I _. Fe) 3. Oct. 2 of Art.' r.'.. I II. not mandatory .-. at the time of the celebration of the: . in Rep. To rule otherwise would sanction absurdity and injustice. of d man an . celebrated under Philippine laws I . .. chambers of the judge or in open ceurt 2. previous marriage but before partition 5. customs.. and not el§~whete.'.~ togetrer as h years and marry each '. or place designated by the parties with the writteh request to the solemnizing officer at thepointof death (articulo applicable to a case involving partIes who..q . tile same shall also be null and void in the Phllipplne~ even If such was valld if . absence of chaplain sonsul generals. or both parties to the marriage are citizens of the Phurppjne~. contractedJoliowing the annulment or declaration." . in the: 1. office of consul-general. GR No 154380. 'I.. incestuous 7. GENERAL RULE: Must be solemnized PUblicly. 1. 2 . However. JiiiI . . only in case provided in Art 1 D b.. . Foreign marriages shall not be recognized in thePhillpplnes if prohibited because: (MASS-PIP) . where NO.. consuls or vice-consuls a. • The Filipino spouse should likewise be allowed to re-marry as if the other wasa foreigner .{Republic vs.. provided such were solemnized in' accordance with· their. tl]e foreign marriage is valid in this countjyif solemnized il}_ accordance with the laws of the country of celebration. marriage cannot be solemnlzed by a judge on a Sunday (Gabriel vs... one of them becomes natural[~g. • II'flIfR . and.at the time of the solemnizatIon .. . Obreckio. 8) . 3. marriage were Filipino clfizens but" later . 2. of nullity of a. it was held that par.' I . ~ . 1 I in case a Filipino contracts a foreign marriage ~hich is null and void in the place whete it was solemnized. where the is·the". Authorized Venues Of Marriage (Art. VS.as a foreign ci~izenand obtains a . of the marriage. . marriage . 2.. This 5~year period should be • CP . rites and practices (Article 33) . decree. divorce . cohabitation . '\r. of Art. contracted by a national who is below 18 years of age . ! I EXCEPTIOMS: I I · ' . r where theywere solemnized " 3. 41. -marnaqe in remote places .. among Muslims or members of ethnic cultural communities. : '. church. solemnized Outside the Phil.§Jan meb~ Qf:olIege of 'l. 26 of the Family Code-ts . void due to psychologIcal incapacity 6.. J I.The party pleading it must prove' the ... • The traditional rule is for this provision to . wife .

she or they are ptlysically capable of peiforming such obligations (CM Ming Tsoi vs. alleged in th c. t least five.< tP 7.:'''''~·'M. . g. . Cause is serious. The partIes must execute an affidavit stating . Qause is psychological in nature .. MTJ-0fJ-!.13~9. refers to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage (Carating-Siayngco vs. d. in any part of the Philippines. legal·lrnpedlrnent to their marriage. GR No. . 36) • no exact defrnltion but is restricted to psychological incapacity "to comply with the essential marital obligations of marriage" . here one of the spouses Is ~i. Applies to a person who is maritally contracted to another 'c. ' . g. irrjpediment to marry each other. 2. I ala. .faith that the. part es as to the Identity of the .a2 £ ai $g • .. b. Incapacity results in the failure of the rnarrieqe. 2001). 7. GR. Marriage entered into with yolmon . The. .Immediately before the day and' it should be a co habitatiolicharacterlzed by . of legal ilnpedlmrnt between the parties must be presert at the time of marriage. t a absentee) ~ ! 5. 1.been Jivi 9 together as husband and . b ir 1< 10 c II •• SOCia r sa.rrlaniagE!s 'con racted throu§h mistake of .of absence. No.mat they have ·Iilie·d together for at leatt five years and are without legal. z~r. pa~ies must have no _legal impediment to marry each other. t 1~' A. failure to perform or comply with the essential obligations in marriage e.. VOID MARRI GES (Art.from date of issue.that is unbroken (Ninal'V~' Bayadog. No.. . B.:. t c c B..:..' . involves a senseless. protracted and constant refusal to comply with the essential marital obligations by one or both of. III.. the spouses although he. 3. ?_ubsequent marriages that are void under Article 53 of the Family Code contracted by a party who at the time of the marriage was Qsychologically incapacitated NOTE: M~roh 1 r 2000).In the case o~ Manzano vs. .igamous or polygamous rnarriaqes except Att41 (.by ny party!!elow 18 years of age even wIth ~arental consent 2. marriage fiqense Is valid only for 120 days. Mental condition b. c.. d. wife tor. medically b. Molina) BREPGOIP . THE TIME of the marriage although it might have become manifest only after marriage . olernnlzlnq bfflcer had the "legal autflority do so .R. D. sufficiently r-·.absen e of any of the essential requisites: (8 ":'LAPIS) 1.nd that he had. found no . $ •• • S a a I. 133778 6. • A.' contracted . Jurisprudential Guidelines: (Republic vs. and . a $$220&.. an other ' " . 5. 2. splemnlzed without a [lcense except as otherwlse prOV!ed 4. I • must be present . Sanchez (G. 35) Duo·to.. the Supreme CoJrt laid down the requisites to avail the exe~ption under Article 34 of 1I1e F~milY Code: .. authorized to erform marriages unless . 1997.. 4. . CA.Qurdenof p 2. . a. 3. 4. with juridical antecedence and must be incurable h.266 SCRA 324) ".meaning no third party . Siayngco.' . 119190. root cause of must be: a. 158896 Oct 27. 16.hesol:rnlzing offJc~r must execute a swonl statement that he had C!s~e~lnrd· the qualifications of the parties ". e. was-Involved alany time within the 5 years and!continuity . 1..:·.1.:. 2004) Essential· Elements. NOTE: • . .dne or both of he parties believed in good .' . t 6. incapacity must be' the celebration of incapacity must be germanent or incurable C. -: refers to phy I/cal identity : r· ~' I \ 9. explained in 3... (MAVFFCCJ) 'a. .' SolemnIzed b any person not legally '. T. GR No.:~~ ~~~d~. March 08.one of th~.T. Failure to perform is chronic f. Psychological Incapacity (Art. Jan. Enumeration is not exclusive.years before the mamage.' NOJE:. d. '. Them~ and woman must have . :. . The fa¥t .A.

. ."J .'--1·\ " . et al.. In this . Decree of nullity Decree of free ':: • . trial court must order the Qrosecuting attorney or fiscal and the Solicitor General to appear for the state.:.I " ~ . 127358. 2. of the adopted child &-theaqopter between an adopted child & a legitimate child of the adopter . c.. the following can now marry each other: ' a. the purpose is other than remarriage. 9.assume marital obligations " 6..:.. when.! S9tan ~eba " QCoUegeof 1ralu I . ":... Stepbrother and stepsister.221 and 225 of the FC _ 7. E. Brother-in-law and sister-in-law. between parties where' one. GR No.degree ' betweensfep-parents & step children between parents-in-law & children-in-law between the adopting parent & the adopted child between 'the surviving' spouse of the adopting parent & the adopted child between the surviving spouse.ibut on specific evidence that it was done deliberately and with malice by a party who had known of his or her disability and yet wlUfuHyconcealed the same. Except. b. Judicial Decl • The absolute nu may be .. The parties cannot decide for themselves the Invalidity of their marriage. it must first be declared void before the parties to such void marriage._=__===. March 31.38): Even jf a marriage is void.. between the adopted children of the same adopter .whether legit/mate or illegitimate up' to the 4th civil .spouse. with the intention to -marry the other. The award of moral damages should be predicated. 6.'..~-=-_____ 2007 CENTRALIZED BAR OPERATIONS' NOTE: ~ Under the Fe.j ' . The fact.. 3. 44) I Incestuous...!.• ' In Noel Buenaventura VS. a collateral attack of the marriage . without judicial declaration of presumptive death of absent spouse (Art. between brothers & sisters whether full or half-blood Those contrary (SCAPS-SAKA) r'". the SC' struck down the order of the lower courts awarding moral damages against petitioner based on psychological incapacity holding that the declaration of petitioner as psychologically incapacitated. 9' I 5. 8. Guardian and ward. ~. 220. Subsequent Marriages 1.· Illness is grave enough to bring about disabJlity to. • $ UP I between collateral blood relatives.is allowed. can remarry. .. d. 1 to public policy (Art. 40) .u. . .There is no need for conviction in a crIminal case of the guJlty party. u .=:. 7. 37): whether the or illegitimate NOTE: • Where 'there was failure to record in the Civil registry and registry of property the judgment of annulment or of absolute nullity of tile marriage. marital obligations refer to Art. and both the present spouse and would. . 2005. killed the latter's. . - • I I • a 00 S2 Ii Ii 2i 12 5 £Joe :s 2 $ 2 C$ . '" --'-. marriages.. 52-53). . 41) where the spouse was presumed dead. Parties who have been convicted of adultery or concublnaqe..in remarriage on the judgment declaring such previous :) I . . interpretations of the National Appellate Matrimonial Tribunal of the Catholic Church of the Philippines while not controlling should be given great respect._J -* \ \.__ ~=_c::... - 2 3 4 5. partition and distribution of the property of the spouses and' the delivery of the children's· presumptive legitimes shall not affect third persons (Arts. F. case. orhis/her spouse. [ OTE: . I S. not on the mere act of entering into the rnarriaqe. Adopted and illegitimate child of the adopter. " between ascendants & descendants of any degree ..=. • 1. Ca. the possibility of awarding moral damages was negated. without judicial declaration of nullity of previous void marriage (Art.. relationship be legitimate (Art. of killing committed by one of the parties to the marriagt can be proved In a civil case. . 68-71 of FC as well as Arts. be spouse were in bad faith in 'contracting marriage (Art. '..::. e. Void and Voidable Marriage Dlstl ' uished .

349 of the Rev.uestion (Bobls vs Bobis 138609 July 31. L-23214.. nullity. : ".!r'...33'SC J!\ 615) ~C~PTIO~S:' hen' the following conditions concur.. ~ weu-rou ded belief of the present t I I. NOTE. People. 41) 4 5 was declaring .~.p _ "..\:!"'ii'H.case. GR No. '~i _ $ $ - • • til up Q2 ' A. absence of the other spouse must liave been for four consecutive years.J. Prior' to si. (Gam vs. spouse that absent spouse was already dead ' judicial declaration of' presumptive death . This is intended to protect the spouse from criminal prosecution for bigamy under Art. in Lucio ~~rigO vs.. ." previous an absolute nulJlty is a . PartIes to marriage are riot permitted to JUd..~ conceived prior to its considered legitimate. June 1970.. the pendEl!ncy of the civil action for Iluility of ma~riage does NOT pose a prejudicial question In a criminal .• The present spouse must establish that he had a well-founded belief that' his absent wife was already dead. .~.-~.For of remarriage.. 9.umes e risk of beipg prosecuted for t bigamy. ertwo y~ars where there was danger ofdeath~ 2. arrlages (Art. • i' ! . of Absent Spouse: Effect of Reappearance GENERAL RULE: The' subsequent bigamous marriage under Article 41 remains' valid despite' reappearance of the. " a previoilsLhe .tor CO~Ubinage. :' • 'in .~~. final Irln. the SC ruled that a JudIcial declaration of nullity is not needed [Where no marriage ceremony at aU was p?~ormed by a duly authorized solemnizing officer as where the parties merefy:'sign d a marriage' contract on their oWI1 . -r'" ... the subsequent marriage is "automatically tetmlneied.for 4 'consecutive years or 2 consecutive years if the disappearance occurred where there is danger of death under circumstances laid down in Art.. adduce ev! ence In the: criminal case of the nullity 0' his marriage other than proof of a final ju 9ment decf<jring his marriage void. . ." h~gally ptable basis for declaring a . Penal Code . "other evidence is accleptElbfel •:.. "th subsequent bigamous marriage shall be valid: 1. 3... ~il~"'''' __ .'/.nnr""".. registry.. '. 199B) 1. subsequent b''''~~'. for purposes ..mr:>lnt declaring such previous' .n on February 23. need a case tor concubinage.... ' EXCEPTION: If the reappearance-was made in a sworn statement recorded 'in the civil .~. "..' A marriage contracted by .''''. he or she must file a summary proceeding for the declaration of the presumptive death of the absentee without prejudice to the latter's reappearance. !!. The present spouse wishes to remarry. themselves its. Lipene.''''''''H valid. only competent courts have . That the absentee spouse has been missing . the accused a! final judgment '. ~ _ _ _ . not present Requisites: (MR-BF) 1.. 14 226. the validity of the firs"tmarriage is beyond l.. _ . ~. LIDO).rn:. The present spouse has well-founded belief that the absentee is Dead. G. Declaration 41) .'NOTES:' ~:. NOTE: • .n. 4.then ass.such authority."S 5 5 $ $ & $2 2 .ge for'.391 of the NCC 2. Bigamous • GENERAL RUL .2Q04. Effects lor Termi Marriage: (ICADI) ( 1. . f I . The present spouse fifes a summary proceeding for i tile declaration of presumptive death.41 clearly provides that for the purpose of the present spouse contracting a second marriage..hildren of the 03:.. it.declaring h~!18' m2lrrJ~ge ivold for he can .!qh declaration.t:!. . • Art. 3. the only i.. ~a •• . Feb..~~. A party who contracts 1a second I marriage . any per50n~dUring the' subsistence of a prevlous: val d marriage shall be null and void.. of Presumptive Death (Art.'?. whereas. 'n...or'defense 'for the declaration nullity of a rnerrlape shall no! 39 as amended by RA NO. H..:-'. Henc .. l~te~estingIY. absentee spouse.'remarriage..

·In Nos. . the healthy spouse may still annul the marriage within 5y~. existing at the time of marriaqe 2. Presumption that the husband' is impotent should the wife still remain a virgin after 3 years of living together with her husband. 2. • Mode of ratification for Nos. 1.:. Concealment by the wife of the fact that at the time of: the marriage. 2007 CENTRALIZED BAR OPERA TrONS e.. in default of children._eo _j_. ~~....IJIIIII ••a 2$ aa 332 e5 .:! \ I 'i(atu __ . 'I· NOTES. . J J'OTE: ! The abo~e effects apply in voidable bigamous. 0 . . either party to consummate the marriage with the other.L. . and 4. in that order. serious._'''4 -."_''''. Palaroan. . 2. Pregnant by' a man other than her husband: 3.:. sexually transmissible disease 3.. . homosexuality or lesbianism existing at the trine of the marriage. :._ . initio under' Art 40 of the Code. Impotence exists at the time of the I I cerebration of the marriage lb. The Impotence is permanent Incurable The impotence is unknown to the other spouse Misrepresentation as to character.1"1. is sought to ~ave the marriage annulled was I 1~ years of age or over but below 21. Doctrine 6. and the marriage was solemnized without the consent of the parents. existing at the time of the marriage: and 4. and I The spouse who contracted the subsequent marriage In bad faith shall be disquallfiel:f to inherit from the innocent spouse b~ testate or intestate succession.\ . if none. Qonations by reason of the marriage remain valld : except if the donee contracted the marriage in bad faith: The Innocent spouse may revoke the designation of the spouse in bad faith as the beneficiary in any insurance policy. Unsound mind of either party 3.5. habitual alcoholism. . the above effects also apply to marriages which are: annuJJed or declared void ab . regardless of its nature. Age of the party in whose behalf it. she was. Except for (1). 2... 45) roundS: (UP-FAVS) must exist AT THE . i . and both lived 'together as husband and wife. of Triennial Cohabitation :. in no. If either spouse acted in bad faith. 27930. . 46: (SPND) .. and such incapacity continues and appears to be incurable (impotency) Requisites due to for annulment Impotence: (CUPIN) a. Void Marr ages (Art. 46 is EXCLUSIVE. r I TIME of m1ri'iage . in favor of the innocent spouse._"__ "C~.. intimidation or undue influence 5. there is no ratification to speak of since the defect is permanent. (Anaya vs.. The enumeration in Art. Specifically..1 Fraudulent means of obtaining consent of either party • not all kinds of fraud will justify the annulment of marriage but only those enumerated in Art.·lI!oalmn"'l1'•• I111i(14J_4"'''FIilia1_.! !iJan lIeba llCoUelleof . rank. I : • 4. November I 191. after celebration . . his/her share in the net profits shall be forfeited: a.bsolute community \ I I or conjugal partnership shall be dissolved and liquidated. guardian or person exerclslng ' substitute parental authority over the P9rty. The !!..years the of I I "~ "_-'. in favor of the common children: ·b. The other spouse must not also. Concealment of a Sexually transmissible disease.: Circumstances Amounting to Fraud Under Art. be impotent . The latter can be convalidated' only lJy prescriptlon. 5 & 6.of either party found to be serious and appears to be incurable Elements: ESSA· 1.~III. :/. Non-disclosure of a previous convlctlon by final judgment of the other party of a crime involving moral turpitude. Physical incapability of. Vitiated consent of either party through force. or c. in favor of the children of the guilty spouse by previous marriage. 1~ is COHABITATION. r Sexually-transmissible disease . marriages. Concealment o~ Drug addiction. 46 l I. __ I _-"'-4"'M_. appears incurable <~ .h~i~~jj~~:·97) I I J !~: i .. health. fortune or chastity is not aground for annulment.

. ArtA9 of the Family Code grants visitation rights to a parent who is deprived of the custody of the children. '"t''' fdr Annulment I or Ullity I attorneyorfiscal should: . GR 116607. There will b collusion o~ly if the parties . • For a more comprehensive discussion on the procedural aspects of the Rule. t e court cannot declare him or her in defau t but instead.a common child. Florenciano.on Declaration -of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.n'" ~'I of es first !may can validate Cohabitation or Prescription...35) . . b. l-~.9 . A. 00-11-01-SC) • This took effect on March 15.. L13553.· . li. • The Rules of Court has suppletory application.. or persons having. • Whichever ..before the "no consent" party reaches 2:1 (b) w/in 5 years after reaching "no 21 .._- . _- u. . please' refer to the Remedial Law Memory Aid . (Ocampo VS. ".. b. the n"'T. . court. the non-intervention of a prosecuting attorney to assure lack of collusion between the contending parties is not fatal to the validity of the proceedings in the trial . In case annulment or declaration of absolute nullity of marriage... There being no such parent." :.. prostitution. even jln the absence of grounds therefore. ( R .. had arranq d to make it appear that a ground exi ted or had 'been committed . 2003. petitioner's vehement opposition to the annulment proceedings negates the conclusion that collusion existed between the parties. 2005) .5 . attempt of the induce the a child of . .followi 9 must be accomplished: .: although it ~as not.. CA.s e a £ a 1$) 2&( SO $ 5 so . legal charge of the Insane I (c) insane (a) anytime befors the death of either party (b) anytime before the death 'of eilher party (c) during lucid Inlerval or after regaining sanity' However.07 P~i1. . Such visitation rights flow from the natura! right of both parents to each other's company.. . The.1996) Rule.i NOTES: . April 10. I to preven~ collusion ... If the deten ant spouse falls to answer the complaint. c. guardians. Recordi g of th Judgment of annulrm nt or absolute f1ullity.. D a.h C a. c . corruption or i 3. attempt by the of the petitioner 4. final judgment to imprisonment even if pardoned 5.·-.. drug addiction or ha the respondent b.years the of prosecuting attorney to determine colluslon exists between the parties. Partitio and distribution of the propertl s of the spouses b. Feb~a~ 1960.child relationship between them. Gerardo has no demandabJe right to visit the child of Mario with Theresa . Under these circumstances.. (Tuason vs.... Take ~are that ~vidence is not fabrica~d or suppressed . if (a) sane spouse who has ' no knowledge of the Insanity (b) relatives.-\ ~I· years the . NOTE: . rn. repeated physical violence or grossly abusive conduct directed against the petitioner. of ·N9TE:·.. or a child of the petitioner 2.. CA GR No 123450 August 3'1. should order the e f.M.. Jjve~of the ChildJ'n's presumptive e legitime c. .. I parties:. • This Rule shall govern petitions for declaration of absolute nullity of void marriages and annulment of voidable marriages under the Family Code of the Philippines. a.:.2. •:. . Grounds: (SAMBA-LIPAD) 1. or if the parties had connived tq bring about a matrimonial case. (Concepcion vs. D.:..

The absolute community or conjugal parmershlp shall be. 107 Phil.-~ N TES: ' Cooling-off Period .' This Rule separation u Philipplnes.(s. The spouses shall be entitled to live separately frpm each other. b. and 1 . justifiable' cause for more than 1 year 8 physical violence or moral pressure to compel petitioner to change religious or political affiliation contracting by respondent of a subsequent bigamou. c.: .13 200} lesbianism respondeqt CENTRALIZED BAR OPERATIONS or .: August 1995. NOTE: c. I . The legal separation proceedings. Mutual GUilft f. " 0' .:. C. suppletorily. 1 abandonment of the petitioner by the respondent without. the court shall designate the husband. but the separation of properly and any forfeiture of share of the guilty spouse already' effected shall subsist. GR No. The offending spouse shalf be disqualified from inheriting from the innocent spouse by intestate succession and the provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. homosexuality of the . unless the spouses -agree tc revive their forme~ property regime . (Art. Even jf the parents are separated de facto. 2003. 02-'f1-11-SC) • This took effect on March 15. rightful custody of the child (Salientes vs. even if the designation be irrevocable. ReconciJiatiqn of the spouses during the pendency o~the case I' d.6 months period designed to give the parties enough time to further contemplate their positions with the end in. (Art 58) .. view of attaining reconciliation between them. still ill tile absence of judicial grant of custody to one parent. . August 29. 63): ' a. 247 SCRA 599) h. which shall be forfeited in accordance with Art. The spouses shall be· entitled to live separately' from each other but the marriage bond is not severed. e. Rule on Legal Separation (A."-_ 0) . 3 . {Lapuz-Sy \. Prescription. The innocent spouse may' revoke the donations made by him/her in favor of the offending spouse. 2006) _B. the wife. I The custody of the minor children shall be awarded to the innocent spouse subject to the provisions of Art. The offending spouse shall have no right to any share of the net profits. August 1968. . 43(2) f. g. b. L-13553. 113842. 24 SeRA EXCLUSIVE' 837) I The • The wife who has been grante'd Jegal separation cannot petition to be allowed to revert to her maiden name. . The husband shall have no more right to lhave sexual intercourse with his wife. 56.. dissolved and' liqUidated. Consent : . I Collusion : . 66) a. Effects of Reconciliation of the Spouses: (Art.. -I '. L-23482. San JoseLeeson. I E. Death of either party during the pendency of the case.~-.1 enu~eration in Art.IEffects of' De~ree of Legal Separation {Art. In 'the absence of an agteement between the parties. ·:. F. Eutemio. Effects of Filing Petition: a. e. The remedy of habeas corpus may be resorted by lhe parent who has been deprived of the. d. Please refer Memory Aid for of the Rule. c.: sexual infidelity or perversion. or a 3'd person to manage the absolute community or conjugal partnership property. a·1 (CCCC-MP-DR) condonanop NOTE: failure of the husband to look for his adulterous wife is NOT condonation to wife's adultery. february 1960.M.' Ftorencieno. 9t " 0 I . i • . both parents are enlitl8d [0 the custody of their child. (Art 61) b. Grounds for [ilenialof Petition (Art.61) D. Connlvancei b. 213 of the Code. Abaniila. (Ocampo vs. shall thereby 'be terminated at whatever stage. the designation of the latter as beneficiary in any insurance policy.s marriage. 55 is (Laeson' vs. as well as. if still pending. . The final decree of legal separation shall be set aside. GR No 162734.r .

in writing (even odifications) signed by the.. may the former's consent be necessary . Governed Governed by rules 011 ordlnary rules on donations except donations that if future' (Arts. Modification NO GENERAL RULE: must be made before the marriage EXCEPTION: in case of judicial separation of ..~?~.. wife can lawful.j. RULE: roperty relations shall be ··goverfle~by. 82) Donation Propter Nuptias and'Ordinary Donations Distin ulshed • Grc ~. in consideration of marriage 3.J.Bernte".. ' • .a. ·1~' both spoupes are aliens. . celebration . made before celebration of marriage 2.of the 3. rnarrled In PhiliPpines. .EMENT )Oltls. situated in the foreign country but executed in the Philippines contrary stipulation in the Marriage Settlements EX love. 3. 6. civil Intefdlctees 8. property during the marriage (Art. I • I I . even' if GENERAL indir~ct donatio Rationale: 1. 1. . local customs I(when spouses repudiate absolute conimiIJnity) 4.19"... rules on .'. . 1. GENt Sl . 5. 1: marriage settlements executed before the marriage or ant.i"~ 1)00.. PRC ~~~ A. a: 18-21. 764.~e~~lP apply (Art.. NOTI N rr Sl b marrl~ge of . .§J.p rtles 4. additionaisigna ories I. Dcnatlons by Reason of Marriage Requisites: (COB)' 1. provisions of th Family Code 3. ·th~:p'ace' the. rendermutual 4. jill I •MARRIAGE·SETTL.\VI!. ~anagement 2. enterprise or the consent of the 2.. 11 tt Adm! 'ItJ. ". live together observe 3. : . respect & fidelity & support icile I for the support of the 3.. regime that 5 auld gov~rn' during the existence.Y AID IN CIVIL LAW 2..wM§mi" .p lllppine raws'lregardles~ of . 760. serious and moral spouse only grounds. 6. .nUPtial agreements 2. n~. NCC) donated. in favor of one or both future spouses (Art. ·5. parents b. spouses fixing the matrrmomal property . ". 3 is Arts .Cp. objection of the other EXCEPTION: valid. joint respons family 6.. In the absence of local custom. [Ix the family 5. as toextrinsic validity of contracts a. 4.. 74) ~~mn~~ A." made before ce ebration of marriage 2.6lil nerone'n! l!: . to prevent imposing upon transfer of the former. Governed by: I ..n. NC R'ule on Donation. S 'c EXCI 1 2 Requisites. . disabled: guardian GENERAL. During . EXCBPTIONS~ I. y Husband 8o. n~ctrlentered i~to by the future .' ~. 76) B.tdfiX terms and1conditlons of their property relations. not prejudice third' persons unless regJsteredIn th civil registry . to protect being defrau 2. it must conform with formalities of wills May be donated but up to 1/5 of donor'S present property GEfIJ c I .. L r I • e. Present Property .._' I'· .g:"~~I'1fuli-~ljl"q~ Marriage . '.. &765. not situated iand executed in the Philippines ' b. \ r. 725property is 773.

Y the of '~I*hti!~~~ h us b an d· .3. N TE: r. encumbrance NOTE: • Any alienation or encumbrance is void if' without the written consent of the other spouse. except ~en. property acquired . the donee being the guilty spouse . 86) P OPERTY RELATIONS A. :-' Remedies of Present SpOUSI~ in case of Abandonment by the other Spouse 1. EXCEPTIONS: 1 In case of disagreement. " 4..spouses at the time of the marriage .IIAIIS SOS illO'iiIi:==:mII~iliiilillijilllllolltliP'P.-persona] and ~xcJusive use exceptj§"w~IrY--'1({'·r. 101) . l. In case one spouse is incapacitated or unable. husband's decision shall prevail subject to the . ! First.. judicial separation of property 3./ .~ - .)" 111")1\ J 3.AW 0.• 31'12.. Inventory of Community Property b...!!efore the marriage by either spouse who has legitimate descendants by a former marriage 2.M~ JHmA 2.begal separation.'.the consenting spouse and the tbIrd . hus liable Delivery to each property if any Division of the net Delivery of pres to the children " . !'.b . .j!R.!._ - . payout enough.. the winnings will not be part of the community property unless expressly so provided by the donor of the ticket. ". 5 complied Resolutory condition 6 donee commits acts of !ngratltude (Art.es::~::n~ccasion5offamily celebrations donations mortis causa 2. receivership 2. Payment of .-'-"1 '.15 2007 CENTRALIZED BAR OPERATIONS _ • _ • __ ~~H __ 3..cir acquired thereafter. This is so because it is more in keeping with Filipino culture. The waiver must .. 3 marriage is Annulled and donee is in bad falth 4 upon . marriage' !iot celebrated or declared ... ~ . . 2. form part of the community property (Art.:s!Y') provides otherwise (Art.~.lOTE: This rule also applies to common-law spouses. Rule on Game of Chance • Loss: Shall be borne by the loser-spouse and shall not be cnarqed to the community property • Winnings: Shall. 11 1 1 3.. . property for. property acquired during the marriage by 9. J . The transaction however shall be construed as a continuing offer on the part of .1[oid ab initio except those made in marriage settlements 2 marriage without parental ~onsent .1 I l I..>:t' ~ iII . !_ig_lnsallowed during the marriage . . 5." . 1.' - . • .. authority to be the sole administrator of the absolute community (Art.oJ.. E CEPTIONS:(BEG) .a?) . (Art._.jI!>I'"'ilf~liiiilii. .ratlon ofthe Community Property . . Steps in Liquidation of AC: (IP-DDPA) 1.'cWI. to participate m .. -i. (Art. the administration of the common properties. person until the acceptance by the other.. I I ~~. 91) ! .J~ donor... 95) EXCEPTION: winning ticket was given to [l spouse by a friend.except in case of judicial separatlon of Property.. Disposition b. . 1.92) : 1. Inventory a.ratuitou~ title./ ' ~'. 96) • These powers do not include.--""'. G NERAL RULE:' It shall belong to both spouses jpintly.-__. No waiy"er. testator or grantor ~eEe. spouse or authorization by the court before the offer is withdrawn by either or both offerors.recourse to the court by the wife for a proper remedy. Inventory of separate property of the wife c. 1 . a.: i'. (Art. be In a public Instrument and recorded iA the office ctf the local clvll registrar where the marriage contract was recorded..22••• . I GENERAL RULE: Community property sllall consist of all property owned by the I_. to pre~ent indirect modification of the ~~EP~~.System of Absolute Community (AC) The property regime of the spouses in the absence of a marriage settlement or when I the marriage is void.. .fW:.. other spouse may assume sale powers.. rounds for Revocation (VIRAL-eN). .. I A minlst. Inventory of se~ateRTDliQJ.

. :AdjudJcatlon of conjugal dwelling and lot :(Art. same to bedivlded betweeri them equally (as a general rule) upon me dissolution of the marriage' rthe partner~hip. Inventory of the Conjugal Partnership of Gains assets 2. b. . share of either spouse in ~jdden !reasure (Art..8 sale of cohjugal property requires the consent of b9th spouses otherwise the sale shall' V~ld' including the portion of the con}ugal roperty pertaining 10 the husband wh contracted the sale (Homeowners nd Savings'Loan Bank vs.if the cost of the improvement of the plus value 'is equal to or less than the value of the principal property at the time of Ihe improvement.a. . 4. 'acqulred duri g the marriage with Q. Delivery of exclusive properties 6.117) I . by administrator-spouse for the benefit of the family. Conjugal Partne ship Property: (LC2 FONT)' 1. Steps in Liquidation of CP: (DIRDO-D1P) 1. 106) . work or .. p w ir b. charges and expenses including major or minor repairs upon the commu'nity or conjugal property.:. Division of the net conjugal partnership properties Charges Upon and Obligations CP: (Art. r I \ . actual use need not be proved because it is presumed. b. Delivery of presumptive legitlmes B. acquired by !~ht of redemption.a nership of Gains (CP) • It is that fa ed byahusband and wife whereby they place in a common fund the 'fruits' of their separate property. R Caus a. 102) . and the . it shall belong to the buyer-spa se . by both spouses. the property becomes conjugal 2. 4. 2005) Rules in Cases of Improvement Of Exclusive Property 1.!( a $ "5 +. in conjugal partnership. (Pelayo vs. If full ownl'irshlp was vested during the marriage it shall belong to the conjugal p~rtnershfp (Art. All taxes preservation upon the spouse used S.If full own rship was vested before the marriage. Expenses fa improvement of 7. I MEMORY AID IN CIVIL LAW CA GR No 153802 March 11. Accession .' spo. ' 4. 5. acquired thro gh Qccupatidn.f bt • ea dS • SS 2 IN. All taxes. Debts and obligations which must have been contracted: . B. the . !! . 3. so long as it is shown' 9Y the.. 2.Persons and FJmily Relattons 6. NOTE: However. N • . Payment of debts to each spouse 4. Payment of obligations to third parties 5. A wife's cohsent to the husbands dlsposltJon of ~onlugal property does not ·a. Court of Appe~/s GR No 141323 June 8. 3. 5.onjugal funds· . Property bouq t on installments paid partly from exolustv funds of the spouses and partly form co jugal funds: . by one spouse with the consent of the other. 2005) Com 4. obtained fro labor. Th. ance 3. a. 7. ind'ustry. (Art.use of AC and NOTE: . be C. Restitution of advances made to each spouse 3. . 1091 I . "oi' __ •• f ise . net fruits ofth ir exclusive broperty . purchased war ~xclusive' money of either .lncorne from their work or industry. acta of the wife that such consent was indeed given. that which is lbrought to the marriage as his/her own 2. 94 and Art..t ( 1- { v Grou (LAD 1: d 2. Ante-nuptial d as' they have fe the family. barter or exchange wit property belonging to either spouse . :acqulred by Q. or c. the entire property becomes the exclusive property of the spouse. • ! EXC:. 6. 2. 121) 9 B .uSive proJ. . ._ .•:.1. fruits of the c njugal property . . Reverse Accessionif the cost of the improvement and the plus value is more than the value of the prlnclpal property at the time of the improvement.ways have t~ be explicit or set forth in I any particular I~ocument. jl fl n j' .erty of EiaCh Spouse: (OGRE) (Art.promised by both spouses in favor of their commor 1. 'Conjugal P. 118) Support for family except for iliegitJmate' children of either spouse.. Debts and obligations without marital consent provided tile family was benefited.profession 'l . Payment of losses and deterlorafion of movables belonging to each spouse 7.: SQS'.acqulred durl g the marrIage by gratuitous • 1 I ' tItle '. 3. The value of what is . liens..

37. above. at the time of the petition. Void of 10 I :1 J Gr~Unds for Termination Of' Absolute Community And Conjugal Partnership: (U{DS) (Arts. However. loss of parental authority of the petitioner's . under. the obligation a subject of the surety agreement. 135) c. . mutual obligation to' support each continues except when there is legal separation 4. the liability of the . and failure to comply with the obligations to tile family.to deductior from the share of tile debtorspouse. and f.! Indirect I I I I 'I ". 'and liabilities incurred by either spouse reason of a crime or quasidelict in lcase of insolvency of the exclusive property the debtor-spouse. 5.spouses to creditors shall' be solidary with' their separate properties 3.legitimate :children for education or selfImprovemfilnt. Hence. impediment marry 2. (Art. petitioner's spouse has been judicially declared an ~bsentee. Effects of Separation of Property between Spouses . . spouse granted I!0wer of administration in marriage settlement abused such power. f geath of either spouses 4'ljudiclar !. lnterdlctlcn. the absolute community or conjugal partnership is dissolved and liquidated 2. I annulment or declaration of nullity of I'marrJage ' 3. rights previously acquired by creditors are not prejudiced D. d. given gratuitously as in cases of donation of cOFijugal partnership property. Regime of Separation of Property Property Acquired Party Exclusively by Either! been sentenced with a penalty which carries with it £ivil b.. Property Regime of Unions Without r. tlsfying \. The. absolute community property shall also be liable for ante-nuptial debts mentroned.' . Incestuous void marriages.C. • :I I The cOlijuqal partnership property shall likewise be liable for the payment of the personal debts of either spouse insofar as they have redounded to the' benefit of the family. the creditors cannot go against the conjugal partnership property of the husband in s. I I ' . The separate properties shall be solidarily and sUbSi4iarily liable for the obligations lf the community or conjugal properties are insufficient. 99 and 126) 1.eparatloli of property . subject . Adulterous relationships 3.e : car' petitioner's spouse. . ' ! I ~ : b'enefits that might accrue to a husband in his signing a surety or guarantee agreement not in favor of the ! family but in favor of his' employer corporation are not the benefits that can be considered as giving a direct advantage aqcruing to the family. spouses are §_eparated in fact for at least 1 year and the posslblllty for reconciliation is highly improbable. ' • i . support of illegitimate children. spouse as decreed by the court. and the value of their properties. Payment qf Which shall be advanced by the absolute community property.Art. a. " • . !decree of legal separation 2. Bigamousor polygamous marriages 4. . has ses: (CLAAPS) . A l contrary view would put in peril the conjugal partnership property by allowing if to be. and Expenses I of litigation between spouses unless fbund to be groundless. e. which Is prohibited. Void' marriages by reason of . the liability of the spouses to the creditors for family expenses is solidary. !!bandonment by the petitioner's spouse. byl NOTE: • of The spouses contribute to the family· expenses proporiionatelv with their income. .:. . 1.

property or shall be owned by them in nrf'.c-· __ MEI\10RY AID IN CIVIL LAW . Hence. • NO' ar~ fattn. 3. 5. Future '''''''rtlT'Q or a legal . Validity of marriage separation 3. in state' that . If it is shown that no ._ . Palallg. " Gl 1. 3.prtlded in the Ia t paragraph of rt. 151. I I I. 7. ."n to their respective is no presumption of It must be stressed that co Is required by this to Art. EXCEPTIONS: (P 1. a \'I a o Ie L c( GENE 'EXCE NOTE:' ._ . between parents and children '3. 147 which provision. ·Art. and that the same have failed. party is not proved. 2. U~der. 116668. When there 'is evidence of Joint a.ownership govern their . 2006) the Supreme Court ruled that any property acquired by common law spouses during the period of cohabitation is presumed to have been obtained thru their joint efforts and owned by them in equal shares in the absence of proof to the contrary. . GR No 146294. I. made. among brothers and sisters whether fun or half-blood .__ ~_.only the properties acquIred . debts due to [aborers. Family Home GENE'RAL RULE: 4..cquisilion but none as 10 Ihe extent of acnral contribution. 276 SeRA 340). contribution EXCEPTION: CV JAFF 1. Rules on co . hlsiher share in the coownership' shall accrue to the absolute community or validly' married Is FAMILY '}:o Basic social institution which public policy cherishes and protect hence. GR No.nnrt'.lhere will be no co-ownership and no presumption of equal shares. Jurisdiction of courts 4. if the actual Industry. in fact. However. debts incurred 2. (Agapay vs. Mandatory Artif . to .by of the paTties through their actual. It! the party w~o acted In ' bad faith Is not validly married to! another or it" both parties conjugal ptlrlnerahlp I ' Family RoJaUon Include: 1. 'bad such • the "'sh'are shall be for. mechanics.1' . .such efforts were. ' property relations. maintenance of are . no suit between members of tile family shall prosper unless the compromise between the parties have failed 6. rr 1. In. in the care and family and household.. . 6. there is a presumption of one parties . Civil status of persons 2. :.:.NCC). by " presumption of joint acquisition. July 31. (Tumlos vs. existing In such· valid m6rriage. ..__ . between husband and wife 2. in the case of (Abing vs Waeyan. among ascendants and descendants 4. the case must be dismissed (Art.147. contribution of money. another. contributions to the • acquisition of man property by one who has no' or income or work or Art 148. 5. Any ground forlega 5._. Prior Recourse to Compromise No suit between members of the same famify shall prosper UNLESS it appears from the verified complaint or petition that earnest efforts toward a compromise have been made. 4.regarded . 2. ':. . Rule 1 f. 'Future '!'lie" 6. July 1997.ferted in the manner . mere cohabitation Without proof of contribution will not result in a co-ownership. Fernandez).

assigned or encumbered by the owners..' material me~ and others who have rendered service or furnished materials. one year. his or her spouse and majority of the beneficiaries give their consent. '6 on a. and had subsequently married Rules on Impugning Legitimacy A. 7: Born of a voidable marriage before decree annulment Conceived'or born before judgment of -. and written authorization or ratification of either. due to: a. donated. 1. 2.iIt. rule appJj~s to valid and voldable and ~ven to common-law spouses under Articles 147 and 148 5. it can be impugned only in a direct action. 5. physical incapacity of the husband. and signed before the birth of the chIld IS only a ~round for impugning the child's legitimatT status . 6. or after filing complaint.. . . child was born of . 170) . J. lit -4. must be owned by person constituting it 3. Prescriptive periods . . PATERNITY AND FILIATION i ! . 36 has become final & executory Conceived or born of subsequent 'ITiarriageunder Art.recordlnq in the civil register.. if resides in the Phils. 1 • I 4 ~ . 6.. versa (Art. parent -for artificial insemination.'. husband and the wife.. s. ' . 3. I ¥ a• CC Li IS 4 Pa II. .c.. The fact tha~ the husband and wife did not authorize or ratify the insemination in a written irstrument wnic~. violence.. Grounds (PBA) 1.: of Jl. R~quisites{ first marriage tl'>nniinll:! mother can subsequent witllin 300 previous marriage 4.! . b. 2. action.&an 16IebactoUege " 10 .. intimidation or undue influence. . if the child birth took place or recorded in the Philippines while the husband has his residence abroad or vice.'. . IiiIB~-vr. . was obtained through mistake. jf the husband dies before the end of the prescription of the. 3. Parties those who are GENERAL RULE: Only the' husband may impugn . c. or' as long :as a minor beneficiary lives . I B. from knowle. 4. 1. 3. Legitim~t~ Children ·1 C. 53 Of mothers who may have declared against Its legitimacy or was sentenced as an !dultress Legally Adopted kegitimated. builders. nnulment or absolute nullity under a Art. The stat~s of the child is legitimate..abl 2007 CENTRALIZED 19 BAR OPERAJJO_NS outside of wedlock of parents without impediment at the time of conception.' . must be permanent 4. two Vl~at~<. sold. were living separately. Conceived as a result lnsernlnatlon of ~rtlficial 2.'""i. continues despite death of one or more spouses or unmarried head of the family for 10 . GENERAL conceived or born during a valid marriage RULE: Only EXCEPTIONS: (CAVALAC) Those chndren who are 1. 1. serious illness of the husband whlch absolutely prevented sexual intercourse . NOTE: • gioiogical or scientific proof that the child could not have been that of the husband. (Art. NOTE: • The question of legitimacy cannot be ~olfaterally attacked.rs._. years.. provided that the person who constituted the same. if husband or heirs lives in the SAME city/municipality 2. fraud.d. they exec. 166) Rule on Ch!'dren Conceived as a Result of Artlflclallnsemlnation J. 155) ·s i) y 9 Q S :3 1 '/ I I " . architects. can constitute one (1) family home only The family -norne may be alienated..dge of birth or .• Inn 1ii:~. or .ute. ghysical impossibility of the husband to have sexual intercourse with his wife within the 1s1 120 days of the 300 days immediately preceding the child's birth.~:'. 'or child was born after death Rule on the 300 days foJlovvindn'erl11lrral A.: Guidelines: deemed constituted from time of <{ctual occupation as a family residence 2. 3. for the construction of the building debts 'secured by mortgages non-payment of taxes (Art. conceived and born EXCEPTION: The heirs.

.Qpen an . parents is presumed legitimate arid the status and filiation of the child cannot be compromised (Betuyot vs Baluyot. of Court a d special laws.am:{ as instrument of recognition. or by the mother alone if tile father refuses (Reyes vS: CA. GSIS. 794/! f ' . I . August 31.2. A mother has no right to disavow a child because maternity is never uncertain. it is also more conducive to :the best interests of the child and in consonance with purpose of the law.. c.: . but continuously. The !ec rdof birth appearing In the civil regis rar or a final judgment :2. u There must I'! a showing of permanent intention of the suppo~ed father to consider the child. An assertion by the mother against the legitimacy of her child cannot affect the legitimacy of the child born or conceived within the valid marriage. I) 4 • • 2. tile slqnature of the aJleged father is necessary (f3ercilles· vs...:.. • ••• MEMORY AID IN CIVIL LAW _ . the putting of his name by tile mother or doctor or registrar is void. the latter shall prevail. handwritten Instrume t and signed by the parent concerne . it is only evidence of the.Cbntlnuous possession of . The pate nal affecUoniand care must not be attribL(ted to: pure 1charity . if child was born after 1BO days following celebration of 2nd marriage wh! ther born within 300 days 51 after termin tion of 1 marriage or afterwards. 172) " lIIe! oft 1. BetWeen-the certificate of birth which Is prima facie evidence of child's illegitimacy and tile quasi.. b. spjtaneOUSIY .R.'. to second marriage. While the document is a public 1 .(Concepcion vs CA.. mean that the . suet) legitimate or . must be signed by tile father and mother jointly.li&lt. 5p I tits s . 5..2005) . .. A. in ialJ relations in society and I life.. . April 1956. CA)..:. the stat!J of a legitimate or illegitimate " child. only th t It shall· not he of an lntermltte'nt character \. Ellrth certlflcatr Js not sufficient proof of ~lIation.Uihbi • • . reveal not onl the conviction of paternity. G. "Continuous 'but.U (JisOh VS. ~ . directly and not through others.. 2. Who 1. a:A.To rebut the presumption. . ~---. . fact Which gave rise to its execution: the fact of a birth of a child.:. and without concealment . • ~ INtt§ rnMW Belongs • __ • __ ~_H-~.. lsslon of legitimate (or lIf....\oYithout publicity.while it is continuous. hlldran is established by any of the follow[ g. Gt : Illegitimate) .. Not only does it bear more weight. oes not . as 'his own by .-:! 'I . No. (Concepcion vs CA. 98. FlU tion GENERAL RUL .conclusive presumptJon of law of his legitrmacy.' < 20 ~. 128 SCRA 53) .:. No. Prootot.. cOntinUOliSa~d clear m~nifestation of paternal affec Ion and care] (Mendoza vs. '1. but also the' a parent desl~e to have and treat the child as such. -. .' f R • • III.~_. 14. Lhom the Child if ghild was born before' II. . A child who is conceived or born during the marriage of his. . 8454. GR No 123450.foregping ev dence. .. "Such actsmust be lof such a nature that they.th9. . . 33659. 2. 1990). $ w g. N°TES: . 168) 2nd marriage marT/rae.1 a .:Illegitimate fiJi tlon shaH be proved by: 11. r. supra). Filiation of legitimate (or record of a private document. The presumption of legitimacy is quasi conclusive and proceeds from the sexual union in the marriage and may be refuted only by the evidence of physical lrnpossiblllty of coitus between husband and wife within the first '120 days of the 300 days which immediately preceded the birth of the child. T e possession of such status means that th father has treated the child as his own. en. . Req a. to first- the lapse of 1180 days after celebration of provided born within 300 days after te~mlnailon of the 1'1 marriage. . Any othe 'means allowed by the Rules . in a public dacumen or a private..~_. 1985) In fact jf the alleged father did not 'intervene in the making of the birth certificate. 135 SCRA 439. no ~Vldence ~s to status of child 8.. A birth certificate 'to be considered as validating proof of paternity . June. . ( rt. ( ( .. (Art. gh . Rules as to 1. not accidentally.IV.~_.egitima~) filiation. the separation between spouses must be such as ·to make marital intimacy impossible (Estete of Benito Marcelo 60 Phil 442 1934) . An gd..:. hi!. EX9EPTlON: ln the absence of any of the .

. . 2 a OIItl11111"~IIIII"'III..."Ii4$.__ * _ .s A lion: a same qualifications as a FilipIno b. . I legitimate children may use the surname their father if: 11. c There is valid marriage subsequent to the child's birth... lIIogltimate Children ENERAL RULE:'Those conceived' and born outside a valid marriage 'are illegitimate.a_lIIgZ!l. ! g. No. of voidable marriages born after the decree of annulment . except when: 1) adopter is the biological parent of 'the adoptee 2) adopter is the spouse of the adoptee's parent f. 9255 ... Approved February 24.. good moral character d. has not been convicted of any crime involving moral turpitude g_rnotionally and psychologically capable of caring for children I I.it._" .. .' 'J-: 'I' '.. In possession of full f.J ~. _.. ." qf I . as bigamous and incestuous marriages' and marriage was declared void for being contrary to law.. .I . exhaust [ oiological n"". 2004 adoptee._. for at least three (3) continuous years prior to the' application for adoption and maintains such residence until the adoption decree is entered. or 2' when an admission in a public' document or private handwritten instrument is made by the father. _ 21 I I I )~7.zen: .. born of marriages which are void ab initio such .__.]. t ..ivil capacity or legal rights e. 8552) : I' . t An Act Allowing IIleg'itimateChildren to use the surname of their Father. their filiation has been' expressly recognized by the father through the record of birth appearing in the civil register..0..]~1 A Domestic ~doption Act of 1998 (RA No. .~.. (Art. e..A." __.. ~equisites: (filM) " a The chilc. 165) ~ .7~~--~~~~-------of Ihj EnUlled to the Legitime is Yo leglUme & other successional rlohls legitime of leoilimale child _ .I T'. Legltlmati~n r.i . the Phil. one spouse adopt' the legitimate child of the other' . __. of jega age b.· degree of consanguinity or. . amending for the purpose Article 176 'of EO No..and public policy '2. except when' 1) former Filipino citizen who seeks to adopt a relative within the 4lh.o[[ege of 'E1tl!J_. prospective parents and b. b The pare1ts at the time of the child's conceptlo are not disqualified from · marrying e ch other. .• 0• ' •• • 1513. has been living in the Phil.. 2. '~ i CEPTfONS: Children who are: 1. In a 1! sltlon to support and care for his/her! children in keeping with the rneansiof the famify ·c.. 3.~ . Pre-Adoption Services .with respect to the ward after termination of the guardianship and clearance of his/her financial accountabilities i M. a Guardian .._..I. r-lIlI . U • .'. 1 GENERAL RULE: shall JOJNTLY EXCEPTIONS: 1. .' .5ebll Q[.with c. ..lis illegitimate. • the DS\ND shall provide for the following services: . f . IY.2t feast 16 years older than the Filipino c!.affinity 2) one who seeks to adopt the legitimate or iHegitimate child of his/her Filipino spouse 3) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the 41h' • degree of consanguinity or affinity of the Filipino spouse certified to have legal capacity to adopt by his/her diplomatic or consular office certified by said office that his. I I 2007 CENTRALIZED BAR OPERATIONS a . a... I ho may adopt: (LPG-CANE) 1 · a.!i-----. government allows the adoptee to enter his/her country as his/her adopted child d.. country has diplomatic relations... counselling services for the biological parents. 209. otherwise known as the "FAMILY CODE OF THE ~HILJPPINES": . '.

ibandonment and failure to comply with parental obligations 4.everance of legal ties between the biological parents and the adoptee and the same shall be vested in the adopters...lilnt • by the adopteR1!r. 'June 271 200) Effectivity De ree of Adopnon • a decree of a~option.'( t " tf I if the biological parent is the spouse of the adopter .J":1 i":. 10 years old o~over. Indeed the natural . EXCEPT/ON: • \~~ .:.. the . §.. if 10 years of age or over !!iologICf' parents or government ip ." • The adopter of the ~rl'~MH·~M·"~H. .:...0 .~~&m~e<~tlJJl. sexual assault or violence 3. GR No 164948. If as claimed bYI the petitioner.estebll hed in the adoptive parents. ·Whc (Landingin v: Republic.. from legitimate ' filiation. favor of the adopted child.. if there is a will. .'.right of a pa nt 10 hls child requires that " his consent ust be obtained before his parental righ s and duties be terminated. repeated phy~.the rlc. settled pu pose to forego all parental duties.. a. tfl. NOTE: . of RA 8552 provides that if the ·written cans~nt of the biQlogical parents cannot be gbtalned. advantage in . ed that no proceedings shalJ be within q'months from the time of dea of said parents Consent In AJption • . In !egal or intestate succession.f': \lP b. • Rescission of Adoption . .__-------- .(. !pouse the adopter and adoptee 8. that the biological rnqther of the minors had indeed abandoned I them.".. j: t ~ . jOf the adopter if living with the adopter and the latter's spouse 5. 5. However. '.i:'-'~N 1'1 \~. the consent of the leqal guardrrn must be sought._. legitifnate child of the adopter(s) for all intents and purposes.)~:'I_ Cr. child biological or adoptive parents have died. Where tile petition for adoption was granted after the child had shot and killed a girl. It applies also in case the petitiorier(s) dies before the issuance of the decree of adoption to protect the interest of the adoptee. . the SC did not conslder : the retroactive effed to the decree of adoption so as to impose a liability upon the adopting parents accruing at the time when the adopting parents had no actual or physical custody over the adopted child: Retroactive effect may perhaps be given.: r-. 'The' written consent of the 'biological pa ents is indispensable for the .: . instr.ent of written consent. gu~lified has been sldered by the child since adopter rnlnority. Grounds: (ASAR) 1. 2.!!dopted children. To hold that parental authority had been retroactively lodged in the adopting parents so as to burden them with liability for a tortious act that they could not have foreseen and which they could have prevented would be unfair and unconscionable.tf9R:Y_AIQJ1::LcIVIL LAW_ of the date the . (BAlLAS) . 209 SeRA 518) Who May Be ADI:lOII!a 1. t·· NO' .!!doftee. disinherit the • 1. succession without distinction .any has been DSWD declared 2. (Tamargo vs.:.. the Ie Itlmate/. The WRI'TJEN CONSENT to the adoption is required the following cases: 1. 3. 'I· r~..of.um~tallty 3. she did not To dispense with the req irem. of the adopter and adoptee 2. £hlld resein 6.s NOTE: 2. b*. see. she should have adduced thalwrltten consent of their legal guardian.. 10 years . Effects of Adoption: (SAL) 1. Wh t. the rules on testamentary succession shall be followed.. 4. the abandon ent must be shown to have existed at th~time of adoption and evinces a .ifaJ '0j'-4 ~t. ..validity of th adoption.~r"'. or over. the IlIeg/tJmate. shall be effective as 0' i NOTES: • Only the rescind. children. the adoptee and the 'adopterts) shall have· reciprocal rights . :and re..original petition was filed. Adoptee shall be considered as a . . !egitlmate 3. Illegitimate 'w.." . CA. to the granting of the petition for adoption where such is essential 10 permit the accrual of some benefit or. !ttempt on the life of the adoptee 2. to the adoption.

Parental ~uthority of adoptee's biological parents orr legal custody of DSWD shall be restored If adoptee is stil! a minor or incapacitated. The Board shall ensure that all possibilities for the adoption of the child under the Family Code have been exhausted and that mter-country adoption is in the best interest of the child. lI. If the . 4. • Inter-Country Adoption Act of 1995 (RA No.' family unless it 'Is satisfactorily shown that the child cannot be 'adopted locally. as actual custodian. starts upon actual physical transfer of the child to the applicant 'who. . it follows that the child is entitled to all the rights provided by law to a. at' the time ofl the application unless the and at 'leaS! 16 i' NOTES: 1.nre'-Rnlontlve)\~§l1irt~~~)~li!I.>. t an l!Itb..-..·Years of age .rY' unsatisfactory by the applicant or both. legitimate child..~ .: is . shall exercise substitute pa!.. . The amended certificate of birth of the adoptee shall be cancelled and its original shan be restored.untry adoption I Inter-Country . ~f ii" .f. 2. and has undergone the appropriate .JO.. » " .}I" .the supervised trial custody is undertaken.l I .. Tile adopting . ' I acts 'as the central authority in matters relating to inter-country adoption.. of the Philippines. . been voluntarily or involuntarily committed to the DSWD. " r . succes. .!~OIl. Only a "legally-free child" may be the ·1 subject of inter-co. ~. 7.._ --.. ."""'iLi. The adopted child remains an jnte1!~ate heir of his/her biological parent.. b.. '. Hence she can well assert her hereditary rights from her natural molher in the future (In the matter of adoption of Stephanie Nathy Astorga Garcia GR No 148311 March 31. .slor rights shall revert to Its status . 8.~ I. adoption. in accordance with the Child Youth and Welfare Code.. ~~ Being a Jegltlma. it.:1 : I .counselling from an accredited counsellor in his/her country has not been convicted' of a crime involving moral turpitude is eligible to adopt under his/her national law is in' a position to provide the proper care and support and to give· the necessary' moral values and example to all his children.I ~I •: ~ . . 'IS at least 27.. . ·'.. and tile decree of adoption Is Issued outside the Philippines.!I'O. • • I· ) NdTE: '. 2005) B 6. . 4 • a a_ ."-· . a. Convention 011 the Rights of a Cilild. 5. 8043) The socio-leqal process of adapting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition Is filed. Trial Custody: • 6 months from the time of placement 1. governmental accredited ::In.. '. W~o May Be Adopted: . including the child to be adopted agrees to uphold the basic rights of the child as embodied under Philippine laws: thet...~" : ~. j :.!_ .[!if.f 'lU.i years older than the child to be adopted. for the adoption has lhe capacity to act and assume aU rig'hls and responsibilities of parental authority under his national laws. ¥¥ $b • • 0.f I . "Legally-free Child" ..r:ff~V i transmit a copy. but vested rights not b~ affected..-----I " 2007 CENTRALIZED BAR OPERATIONS adopter is the parent by nature of the child to be adopted or the spouse of such parent if married..·f 1..te child by virtue of ..• . 3.N. report of the chil· ~~~~t~~r '1 1 < . and to abide by the rules and regulations issued to implement the InterCountry Adoption Act comes from a country with 'whom the Phitlpplnes has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption is allowed under hisfher national laws possesses all the qualifications and none of the disqualifications under the InterCountry Adoption Act and other applicable PlrilippillC laws Adoption Board 23 ffects: 2. .a child who has .. Reclprocal rights and obligations of the adopter(s~ and the adoptee to each other shall be etUnguished.ental authority of the ch rid. prior to the adoption.. 9... his/her spouse must jointly file .w_.~ Wh May Adopt: • Any allen or Filipino citizen permanently residing abroad maY file an application for inter-country adoption of a Filipino child jf he/she: . ·1 . or if the foreign adoption agency . I No child shall be matched to a foreign adoptive..

education .that which 'is req'uired or given by law .-_. b. ' .rn'nf pre-adoptive relationship 1s formed the applicant and the child. Rule in Case Parents. .3.. g. Varl. I NOTE: • Support shall be in proportion to the resources or means of the giver and to the necessities of the recipient. 22 2 . medical attendance.child is not the child's best interest. ~ . • . ~j ... 4.2.. nsportation in keeping capacity-of the family Kinds: (LJC) : Legal .. the court may 'order one of them to furnish the support provisionally subject to the right to claim from the other obligors' the share due them.' . Reciprocal. parents an their legitimate children and the. .' Judicial . final decr~e of adoption of including I certificate of rallzation 1 whenever be trahsmltted by the agency to the Board after its issuance. " .-----_ . _'. legitimate a cendanls and descendants 3.. 'NClt subject 0 waiver or compensation 4. . parental authority is with the mother . MEJvIORYAID IN CIVIL LAW ----. Personal 2. 1 .: finds that th continued placemeht of the :. 199) :( ~]._---.. ( relationship hall be suspended tly the .' . . __ __ . 195) " Rules as to the Exercise of PA: . ' i . . 2.. 1.. 4.. the child shall be preferred. GENERAL RULE.::or"C!..and illegitimate children of the fatter '.. . - k' ~:. F J 1 2 3 3... 1.• . who are of good character and who can reasonably provide for the child are ordinarily entitled to custody as against al . 211) 2.:.. Order of Liability if Several Obliged to Give Support: Persons are . shall for the child's temporary care. . spouse descendants in the nearest degree ascendants fn the nearest degree brothers and sisters (Art...able· 'Persons Obllgtd to Support Each Other: 1.. spouses 2. Parental Preference Rule • the natural parents".. the spouse and child subject to parental authority.. the shall submit the written . Board and foreign adoption agency . Characteristic : (PIN-ERV) 1.. n the part of those' who are by law bound t support each other 6. consent to adoption to' the foreign adoption within: 30 days after receipt of latter's reqUrst.' -:4 a 2! & •• . The father and the mother shall JOINTLY exercise parental authority . • When two or more recipients at the same time claim for support and the obligor does not have sufficient means to satisfy aJl claims: a.. . with the i. P 1 2 3 N • • )- everything dwelling.. If the child is illegitimate.. . The order of liability provided by law shall be followed. --'-'" . In case of disagreement.. said . 3.over the persons of their common children.procedural I refer to Remedial of "the .age shall be or reason to order otherwise. IntransmiSS~ble .. .. . dlsoensablel for sustenance. . If tile ·concurrent obligees should be . ..nd illegitimate chJldren of the Iafter' " 5. .. - .. • parental autho parent desjgn~+~''''''''' . parents anq their illegitimate children and the legltim~te a. Convention I . . but in case of urgent need and specialclrcurnstances. 3. 2. . legItimate b others and sisters: whether full half-btooCl (Art...re ulred by the court to be given whether p ndente lite" or' in a final judgment . If a C!. please or the NOTES: • When the obligation to give support falls upon 2 or more persons payment shalJ be divided between them in proportion to the resources of each.legitim' te .given by agreement { . A copy of· the citizen ap foreign within 1 NOTE: • For a comorehenslve . Exempt fro attachment or execution 5. i. the father's decision shall prevail UNLESS there is a judicial order to the contrary (Art..

.. Grounds for Suspension of PA: (tHO~AN) 1. "..' I~ ~ A. 9048 (An act authorizing Cily·or Municipal Civil .an )i§eba QColltge of 'ltabl . (Art. . entity or institution engaged in child car. . . .the child • • . harsh or cruel treatment against the child ' . but the child's use of the property shalJ be secondary to the collective daily needs of the family property administered by the parents . \ " . .. the Cllild to be subjected 10. Change of First Name or Nickname under' R. I 2_.. Amending for this Purpose Arts. of L1 Judicial Order.gj~ at birth. Persons Exercising Substitute PA. . . bodily presence in a . • Please refer to REJVlEDIAL LAW IIIfEMORY AID for a comprehensive" discussion of tile procedural aspects ot. 218. :'K"2. . 6. ).. Q_rders. i C. adminis~rators and teachers 3_ individu~l...Witl1Out need. 2. change of name . 376 and 412 ofthe Civil code) NOTE: . gegging is compelled of the child 5. mane. " " " I ::~ . Kinds of Domicile 1. 216) . properly given Iby the parents to the child for the latter to administer by owned parents are parents usufructuary the the .. oldest brother or sister over 21 years of age unless unfit or disqualifie~ 3. fOllviction of a crime with the' penalty of civil interdiction 2.of a child is the welfare and wellbeing of the child. Paramount consideration in matters of custodY. or himself subjects the child to .I.Registrar or the Consul General to Correct a Clerical or Typographical Error in an Entry and/or Change of First Name or Nickname in/he Civil Registrar . given by the person exercising authority 4.e . . properly administered by the child . intention to remain of (animus . committed by the person exercising authority (Art.j absence or Incapacity of the parents exercislhg parental authority over the child (Art. 231) Persons ~~er~ising Special PA: (Art.ndi) 8..m .<lQJJ. NOTES: parenta~11uthority and responsibility are a inallena Ie and may not be transferred and renunced except in cases authorized bylaw . school! . ' ~.. allowed 'for. 3.I 1.v.ol::(ft. Dorilicil~ of chosen by a 3_ Constructive by law at the ti -l~l!~~t~$m_ '. Requirements ·New Domicile 1. Elements of Domicile 1. ~. r. Physical presence in a fixed place 2_ Intention to remain permanently (animus. Do~jcUe of ~f:j.'. counsel and example which are corrupting. No. I 'e I· . I -.t _~u Kinds of Properties of a Minor earned or acquired by the child through· his work or industry 'by onerous oi gratuitous IiUe owned by. 25 2007 CENTRALIZED BAR OPERATIONS NOTE: . 'negligence. which is culpable.A. 1.:. actual ! custodian unless unfit or disqualified . ~.. .ij. child is also the USUfructuary. • Parents i may exercise parental authority over ther child's property • . .. surviving grandparent 2. gets of lasciviousness. .' _______. 229) .

. s Is aufflclen " 1 I I c. 1. .. . on board a vessel lost during a sea voyage or an aeroplane. l ' . such absentee's mere reappearance. ' 2. in the. his religious beliefs or affiUatiop shall determine b. ABSENCE·"' For all" purposes including those of openIng succession.' in whit h case. a period of 4 YEARS. . . . 4 YEARS. I ~ I .26 . • . th.75. or paning succession except If he disa pea red after' the age of . funerals in accordance" with Article 199.e persons in Article 199. : . Bailon. the same shall be automatic. openIng I .e without news about the absentee or since the receipt of' the last news Ki 2.. !! f'-'fEI'10RY AID IN CIVIL LAW spouse present ~ GeneralGuidel nes I 1. . person in danger of death under other clrcurnstances and his existence has not been known ..which is missing. . Under the law. 390 to 392. the funeral shall be in keeping with the .. ': ADMINISTRATOR. person. social posit~' n of the deceased 3. i .R. ' EXTRAoRDINARY/. b. duty and right to make arrangement in . 7 YEAR'S. 5 years from the lapse of lim. WITH ADMINISTRATOR 2 years from. of the spouse present. .a period of 5 years' .a period of 2 YEARS.~e lapse of tlme witho t news about Ihe abs ntee or since the recal t of the last news I '. . I~ sufficient under the following clreumstances: a. G.No 165545.. absence of the expressed wishes. 3. person presumed dead for all pyrposes except for those of . If the absentee reappears. period is counted 'from the loss of the vessel or aeroplane b. QUALIFIED. pr~6~~PtlO~ of Death (Arts. .I: ' ~ . succeSSIOn) 10YEARS person pr sumed dead for p~rposes . present spouse contracted a subsequent marriage. 2. any person who disrespects the dead or allows "the same damages shall be liable for Oecl ration of Absence WITHOUT i . " t.. 2006) • Thi !:.l. NOTE: . in case of doubt.: . person in the J 'armed forces who 01 al I . and for purposes of remarriage . ORDINARY ABSENCE a. the funeral hall be in accordance with the I expressed ishes of the deceased a. F shall decide Fe I 4.:. Sven if made known : to the spouses in the subsequent marriage wIll not terminate such marriage (SSS V5. but no step is taken to terminate the SUbsequent marriage either by affidavit or by court action. person "presumed dead for purposes of remarrlaoe of Ihe . if a spouse has been declared presumptively dead and the .-. March 24.• ! • Re 1.ally terminated by the recording of affidavit of reappearance of the absent spouse unless previously annulled or nullified by a previous judgment.· ] J f. has taken part in war c.

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