I.

PERSONS AND FAMILY RELATIONS

A. PERSONS – any being or entity susceptible of rights and obligations or of being the
subject of legal relations.
1. CIVIL PERSONALITY
 Types: (1) Natural – human beings.
(2) Juridical – entities formed by association of human beings;
artificial and intangible. (ex. corporation)
 Capacity: (1) Juridical – fitness to be the subject of legal relations,
inherent in every natural person and is lost only through death. (ex.
Capacity to succeed to the estate)
(2) Capacity to act – power to do acts with legal effect. (ex.
Power to enter into contracts)
-age of legal capacity = 18
 Factors that affect capacity: (1) Minority – incapable of entering into
contracts (absolute)
(2) Imbecility – same.
(3) Civil interdiction – incapable of
exercising parental authority or
guardianship, marital authority and the
right to manage or dispose property
(relative)
(4) family relations – relative incapacity to
marry and sell or donate to 1 another
(5) insolvency – incapable of disposing
property or receiving payments (relative)
(6) absence – ground for appointment of a
representative (relative)
(7) trusteeship – the trustee exercises the
power of administration of the property of
the beneficiary or trustor (relative)
(8) insanity – incapable of entering into
contracts, except when done during lucid
interval (relative)
(9) state of being deaf-mute – incapable of
entering into contracts, but can execute a
will (relative)
(10) prodigality – a ground for putting a
person under guardianship (relative)
 Commencement of Personality
-Natural persons: it begins from conception, provided:
 o Fetus (intra-uterine life of at least 7 months) is alive – at the time it is
completely delivered from the mother’s womb (Art. 5, PD 603 / Art.
41, CC)
o Fetus (i-u life of less than 7 months) – must survive at least 24 hours
after its complete delivery (Art. 41, CC).
-Juridical persons: acquired in accordance with the law creating or
recognizing them.
o Private corps. and foundations – upon issuance of Cert. of
Incorporation by the SEC (Sec. 18, Revised Corporation Code)
o Partnerships – upon execution of the contract (Art. 1784, CC)
o Public corps. – upon effectivity of the law creating them (unless the
law provides otherwise)
 Death (Natural) – extinguishes civil personality (Art. 42, CC)
-if the right or obligation is not personal and is not extinguished by death,
the heirs will succeed to the right or obligation.
 Dissolution (Juridical) – any legal event or cause that terminates a legal
entity (either voluntary or involuntary; ex. Expiration of term)

2. USE OF SURNAMES – ours is a patriarchal society (using of the surname of the

father).
o Rules on Surnames of Children:
 Legitimate and legitimated child – shall principally use the father’s
surname (Art. 364, CC)
 Adopted child – use the adopter’s surname, if both spouses, use the
adoptive father’s surname (Art. 365, CC)
 Illegitimate child – G.R.: use mother’s surname (Art. 368, CC / Art. 176,
FC)
-Expn: under RA 9255, illegitimate child may use the father’s surname if
his/her filiation has been expressly recognized by the father through (a)
birth cert.; (b) public document - AUSF; (c) private handwritten
instrument – diary / letter
(ex. Affidavit to Use the Surname of the Father – AUSF, not proof but
merely an application)
o Where and what to file:
 If birth was in the Phils. – file any of the following: (a) affidavit of
admission of paternity; (b) private handwritten instrument; or (c) AUSF,
at the LCRO of the place of birth.
 If birth was outside the Phils. – same requisites …, at the Phil. Foreign
Service Post (PFSP) like embassies, missions, consular offices nearest to
the place of residence of the person concerned (f-c-m-g)
o Rules on Surname of Married Women:
 A married woman MAY use:
 -her maiden first name and surname and add her husband’s surname (ex.
Thea Capunpon Dela Cruz)
-her maiden first name and her husband’s surname (ex. Thea Dela Cruz)
-her husband’s full name, but prefixing a word indicating that she is his
wife (ex. Mrs. Patrick James Dela Cruz)
 When married woman to revert to her maiden name:
-in case of annulment of marriage: wife is the guilty party (mandatory);
wife is the innocent spouse (optional), but it is mandatory, if the court so
orders or she/her husband remarries.
-legal separation: no change

3. ENTRIES IN THE CIVIL REGISTRY AND CLERICAL ERROR LAW (RA 9048, AS AMENDED
by RA 1072)
- authorizes the city or municipal civil registrar or the consul general to correct a
clerical or typographical error in an entry and/or change the first name or nickname
in the civil register without need of a judicial order.
-clerical or typographical error refers to an obvious mistake committed in clerical
work, either in writing, copying, transcribing, or typing an entry in the civil register
that is harmless and innocuous.

 Corrections allowed:
-correction of clerical or typographical errors in any entry in civil registry
documents, except corrections involving the change in sex, age,
nationality and status of a person (name, nickname, day/month of the
day of birth, but not the year)
-change of a person’s first name in his/her civil registry document under
certain grounds specified under the law through administrative process.
o Grounds: (1) petitioner finds the first name or nickname to be
ridiculous, tainted with dishonor or extremely difficult to write or
pronounce;
(2) the new first name or nickname has been habitually and
continuously used by the petitioner and he has been publicly known
by that first name or nickname in the community; or
(3) the change will avoid confusion.
 Who may file the Petition: a person of legal age who must have a direct
and personal interest in the correction of the error or in the change of
first name in the civil register (ex. owner of the record, owner’s spouse,
children, parents, siblings, grandparents, guardian, or any other person
duly authorized by law or by the owner of the document sought to be
corrected).

4. ABSENCE – when a person disappears from his domicile and his whereabouts are
unknown or did not leave any agent to administer his property.
 - the petition may be filed by an interested party such as a relative or a friend and
the court may appoint a person to represent the absentee in all that may be
necessary.
- if the court declares a person absent, such declaration shall not take effect until
after 6 months after its publication in a newspaper of general circulation.
 Declaration of absence: after 2 yrs. or 5 yrs. (in case the absentee has left
an administrator of his property)
 Effect: -an administrator of the absentee’s property shall be appointed
-if the present wife is appointed administratrix, she cannot
alienate or encumber the husband’s property without judicial
authority.
 Presumption of Death:
-for all purposes: 7 yrs. (Art. 390, CC)
-for opening succession (Art. 391, CC): (a) 10 yrs. (ordinary)
(b) 5 yrs. (absentee is 75 yrs. old)
(c) 4 yrs. (extraordinary – danger of
death)
-for remarriage (Art. 41, FC): (a) 4 yrs. (ordinary)
(b) 2 yrs. (extraordinary – danger of death)
o Extraordinary circumstances where there is danger of death:
-person on board a vessel lost during a sea voyage, or an airplane which is
missing;
-person in the armed forces who has taken part in war; and
-person who has been in danger of death under other circumstances.

B. MARRIAGE – is a special contract of permanent union bet. a man and a woman entered
into in accordance with law for the establishment of conjugal and family life. It is the
foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to stipulation, except
that marriage settlements may fix the property relations during the marriage within the
limits provided by this Code. (Art. 1, FC)
 Silverio v. Republic
-while petitioner may have succeeded in altering his body and appearance
through the intervention of modern surgery (sex reassignment), no law
authorizes the change of entry as to sex in the civil registry for that reason.
Thus, there is no legal basis for his petition for the correction or change of
the entries in his birth certificate.
 Falcis v. Civil Registrar General
-petitioner seeks the amendment of Art. 1, FC on the definition of marriage.
However, the SC held that would be arrogating legislative power.
 Legal presumptions in favor of marriage:
-when there is doubt on whether or not a couple had in fact been married =
in favor of the existence of marriage
 -if 2 theories have been advanced, 1 in support of the validity of marriage,
and the other suggesting that the marriage is void = in favor of the validity of
marriage
-persons living together are presumed to be married
 The due existence of marriage is not affected by: (Marriage is valid)
-failure of the parties to sign the marriage cert.
-failure of the solemnizing officer to transmit copies of the marriage cert.
-absence of the marriage cert. in the public records

1. REQUISITES OF MARRIAGE:
 ESSENTIAL: (LCC) absence – void ab initio; defect – voidable (valid until
annulled)
-LEGAL CAPACITY: must be at least 18 yrs.old; a man and a woman; with no
legal impediment like family relations or a subsisting prior marriage
(ex. parties are closely related = void for being incestuous (Art. 37, FC) /
1 or both parties are already married = void for being bigamous (Art. 35, FC)

-CONSENT: must be freely given in the presence of the solemnizing officer

and not obtained through duress or fraud.
(ex. vitiated consent = voidable marriage (Art. 45, FC) /
Mistake by 1 party as to the identity of the other = void marriage (Art. 35, FC)

 FORMAL: (ALC) absence – void ab initio; irregularity – valid pa din

-AUTHORITY OF THE SOLEMNIZING OFFICER:
o The ff persons may solemnize a marriage:
-any incumbent member of the judiciary within the court’s
jurisdiction (appellate court justices – anywhere in the Phils.; trial
court judges – within their respective jurisdiction)
-any priest, rabbi, imam or minister of any church or religious
sect, provided that:
a) The p-r-i-m is duly authorized by his church or religious
sect and acts within the limits of such written authority;
b) The p-r-i-m is registered with the civil registrar general;
c) At least 1 of the contracting parties belongs to the
solemnizing officer’s church or religious sect.
- any ship captain or airplane chief, provided that:
a) Marriage is in articulo mortis;
b) M is bet. passengers or crew members; and
c) M is performed while the ship is at sea or the plane is in
flight, or during stopovers at ports of call.
-any military commander of a unit, provided that:
a) Same;
b) M is performed during a military operation;
 c) M is bet. persons within the zone of military operation,
whether members of the armed forces or civilians;
d) Military commander is a commissioned officer; and
e) Chaplain assigned to the military unit is absent.
- any consul-general, consul or vice consul of the Phils., in
marriages bet. Fil. citizens abroad
-a municipal or city mayor (under the LGC)

(Note: M solemnized by persons without authority = void, unless

the parties were in GF, believing that the SO had authority.
If the SO acted outside his jurisdiction = M is not void, it’s a mere
irregularity which renders the SO administratively liable.

-MARRIAGE CEREMONY: no prescribed form or religious rite for the

solemnization of the marriage is required.
o Requirements: (a) parties must appear personally before the
solemnizing officer;
(b) parties must declare that they take each other
as husband and wife; and
(c) declaration must be in the presence of at least 2
witnesses.
o GR: The marriage shall be solemnized publicly in the chambers of
the judge or in open court, in the church, chapel or temple, or in
the office of the consul or mayor.
o Xpn: Marriage may be solemnized in a different venue –
(a) marriage on the point of death or in articulo mortis;
(b) marriage in remote places where there is no means of
transportation;
(c) upon request in writing of the parties.

-VALID MARRIAGE LICENSE: issued by the LCR of the city or municipality whether
either contracting party habitually resides, upon application separately filed by the
parties.
 In case of foreigner applicant: he/she must submit a certificate of legal
capacity from his/her consular office.
 Parental (or guardian) consent – if the contracting party is bet. 18 and 21
yrs. old (absence = marriage license will not be issued)
 Parental (or guardian) advice – if the contracting party is bet. 21 and 25
yrs. old (absence = marriage license will not be issued until after 3
months following the publication of the application for marriage license
by posting for 10 consecutive days.
 Marriage counselling – required when parental consent or advice is
required. (absence = same of parental/guardian advice)
  Validity of ML: 120 days from the date of issuance, can be used anywhere
in the Phils.

2. EXEMPTION FROM LICENSE REQUIREMENT: (ARML)

(a) in case either or both of the contracting parties are at the point of death
(articulo mortis);
(b) if the residence of either party is so located that there is no means of
transportation to enable such party to appear personally before the LCR
(remote places);
(c) marriages among Muslims or among members of the ethnic cultural
communities (Muslim marriages); and
(d) in case the man and the woman have lived together as husband and wife
for 5 years and without any legal impediment to marry each other. (live-in
set-up, need an affidavit of cohabitation as part of the requirement)

3. MARRIAGES SOLEMNIZED ABROAD AND FOREIGN DIVORCE

 Mixed Marriage: a marriage bet. a Filipino citizen and a foreigner, whether
celebrated here or abroad.
 Extrinsic validity (3 formal requisites) – if it is valid in the place where it was
celebrated, it is valid here in the Phils.
 Intrinsic validity (2 essential requisites) – governed by the national law of the
parties.
 Divorce obtained abroad (Art. 26, 2 nd par.): Where a marriage bet. Fil. citizen
and a foreigner is validly celebrated and a divorce is thereafter validly
obtained abroad by the alien spouse capacitating him or her to remarry, the
Fil. spouse shall likewise have capacity to remarry under Phil. law.
 New Rule: Republic v. Manalo – a Fil. citizen has the capacity to remarry
under Phil. law after initiating a divorce proceeding abroad and obtaining a
favorable judgment against his or her alien spouse who is capacitated to
remarry.

4. VOID (inexistent) AND VOIDABLE (valid until annulled) MARRIAGES

 Void due to absence of essential and formal requisites (Art. 35[1-3])
 Bigamous or Polygamous marriages (Art. 35[4])
 Void due to mistake (Art. 35[5])
 Void for being incestuous (Art. 37)
 Void for being contrary to public policy (Art. 38)
 Void second marriage (Art. 53)

-actions to declare a marriage void do not prescribe (Art. 39)

 Void marriage due to psychological incapacity – inability to comply with the
essential marital obligations of marriage of 1 or both parties (characterized
by: gravity, juridical antecedence, incurability)
 Guidelines in declaring a marriage void due to PI:
-burden of proof rests with the plaintiff
-root cause of the PI must be: medically or clinically identified, alleged in
the complaint, sufficiently proven by experts, explained in the decision
-incapacity must be existing at the time of the celebration of the marriage
-incapacity must be permanent or incurable
 GR: expert witness (psychologist) or testimony is required and are
important evidence and carries weight. (The actual medical examination
should be dispensed with only if the totality of evidence presented is
enough to support a finding of PI.
 Irreconcilable differences, sexual infidelity or perversion, emotional
immaturity and irresponsibility, etc. do not by themselves warrant a
finding of PI. (In order for sexual infidelity to constitute as PI, the
unfaithfulness must be established as a manifestation of a disordered
personality, completely preventing him/her from discharging the
essential obligations of the marital state.)
 Declaration of Presumptive Death
o Requisites of a valid 2nd marriage:
-absent spouse has been missing for 4 or 2 consecutive years
(danger of death)
-present spouse wishes to remarry
-present spouse has a “well-founded belief” that the absent
spouse is dead
-present spouse initiates a summary proceeding for the
declaration of presumptive death and a decision is rendered
therein

 Voidable Marriage (Art. 45) – valid until annulled:

 Party in whose behalf it is sought to have the marriage annulled was
18-20 yrs. old and the marriage was solemnized without parental
consent
 Either party is of unsound mind
 Fraud in obtaining consent of either party
 Vitiated consent – obtained through force, intimidation or undue
influence
 Physical incapability of either party to consummate the marriage
 Either party was afflicted with STD found to be serious or incurable
 Defenses:
-prescribed in 5 years (annulment of marriage)
-ratification
 Circumstances that constitute fraud:
 -non-disclosure of a previous conviction by final judgment of a crime
involving moral turpitude
-concealment by the wife that she was pregnant at the time of marriage by
another man
-concealment of a STD at the time of marriage
-concealment of drug addiction, habitual alcoholism, homosexuality or
lesbianism at the time of marriage

 Annulment under Art. 36, FC (Tan-Andal v. Andal, May 11, 2021)

-PI (not a medical but a legal concept): It is a personal condition that prevents
a spouse to comply with fundamental marital obligations only in relation to a
specific partner that may exist at the time of the marriage but may have
revealed through behavior subsequent to the ceremonies. It need not be a
mental or personality disorder, nor need not be a permanent and incurable
condition. Therefore, the testimony of psychologist or psychiatrist is not
mandatory in all cases. The totality of the evidence must show clear and
convincing evidence to cause the declaration of nullity of marriage.

C. LEGAL SEPARATION (failed marriage)– suspension of the common marital life, both as to
person and property, by judicial decree, on any of the grounds recognized by law
(marriage tie is not severed, legally married and separated).
 Grounds for LS:
-repeated physical violence or grossly abusive conduct directed against the
petitioner, common child or child of the petitioner.
-physical violence or moral pressure to compel petitioner to change religious
or political affiliation.
-attempt of respondent to corrupt or induce the petitioner, common child or
child of petitioner, to engage in prostitution or connivance in such corruption
or inducement.
-final judgment sentencing respondent to imprisonment of more than 6 yrs,
even if pardoned.
-drug addiction or habitual alcoholism of the respondent.
-lesbianism or homosexuality of the respondent.
-contracting by the respondent of a subsequent bigamous marriage, whether
in the Phils. or abroad.
-sexual infidelity or perversion.
-attempt by the respondent against the life of the petitioner.
-abandonment by respondent without justifiable cause for more than 1 yr.
 Distinguished from Separation de facto or separation in fact:
-LS with court decree; SF without court decree (actual separation).
-LS dissolves the property relations and removes the guilty party’s capacity to
inherit from the innocent spouse; SF has no effect on the property relations
and capacity to succeed.
 Distinguished from Annulment of Marriage:
-LS the marriage is not defective as the grounds arise only after the marriage;
AM the marriage is defective from inception as the grounds existed prior to
or at the time of marriage.
-LS parties may not remarry; AM parties can remarry.
 Defenses in LS:
-Condonation (made after the offense): aggrieved party has condoned the
offense or act complained of (ex. make-up sex).
-Consent (made before the offense): aggrieved party has consented to the
commission of the offense or act complained of.
-Connivance: an agreement bet. the parties in the commission of the offense.
-Recrimination / Pari delicto (mutual guilt): both parties have given ground
for LS.
-Collusion: collusion bet. the parties to obtain a decree of LS (ex. committing
a ground for LS; making it appear that a ground has been committed;
suppressing evidence of a valid defense).
-Prescription: action is barred by prescription (ex. filed more than 5 yrs from
occurrence of the cause.
 Procedural Matters:
-Prescriptive period: 5 yrs.
-Cooling off period: 6 mos. after the filing of the petition.
-Efforts toward reconciliation: to be taken by the court and may even
continue after the 6 mos. cooling off period.
-no confession of judgment allowed.
-provisional remedies allowed: physical separation; administration of
property; support pendente lite.
 Effects of LS:
-can live separately but the marriage bond remains
-property regime shall be dissolved and liquidated
-custody of minor children shall be given to the innocent spouse
-guilty spouse shall be disqualified to inherit ab intestate and provisions in
the will made before the LS shall be revoked
-mutual support shall cease, but the court may award the innocent spouse
alimony
-donations and designations as beneficiary in life insurance in favor of the
guilty spouse shall be nullified
 Reconciliation (getting back together): a joint manifestation may be filed
under oath with the court which rendered the decree of LS, if still pending,
the LS proceedings shall be terminated, if already final and executory, it shall
be set aside. Then, the spouses can now live together again, but the
separation of property and revocation of testamentary provisions, donations
and insurance shall remain, except the spouses may revive their property
regime.
D. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
-to live together, observe mutual love, respect and fidelity, and render mutual help and
support (personal obligations).
-fixing the family domicile
-support of the family
-management of the household
-exercise of legitimate profession, occupation, business or activity without the consent
of the other (objection – valid, serious and moral grounds)

E. PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

 Governed by:
1. Marriage settlement (before the marriage, if after the marriage – void)
 Requisites:
-must be entered before the celebration of marriage
-must be in writing
-must be signed by the parties
-to affect 3rd persons, it must be registered in the civil registry and
registry of property
-must fix the terms and conditions of their property relations

2. Provisions of the FC
3. Local customs

 Donations by Reason of Marriage (donations propter nuptias) – donation

made before the celebration of the marriage in consideration of the same
and in favor of 1 or both of the future spouses.
-G.R.: spouses are prohibited from donating to each other during the
marriage, but are allowed to make donations in their marriage settlements.
(also donations bet. persons in an illicit relationship is not allowed)
-if the property regime of the future spouses is not ACP, they cannot donate
to each other in their marriage settlements more than 1/5 of their present
property.

 Property Regimes under the FC:

1. ACP (absolute community of property, Art. 75, FC) – default, in the
absence of marriage settlement or when the regime agreed upon is void.
-Included:
a. all properties owned by the spouses at the time of the marriage or
acquired thereafter
b. inclusive of fruits and income
-Excluded:
a. property (inclusive of fruits and income) acquired during the marriage
by gratuitous title, except when the donor, testator or grantor expressly
provides otherwise
 b. property acquired before the marriage by either spouse who has
legitimate descendants by a former marriage
c. property of personal and exclusive use except jewelry

2. CPG (conjugal partnership of gains) – default before the effectivity of the

FC (1988), today, the parties must execute a marriage settlement if they
want CPG to govern.
-Included:
a. those acquired by onerous title during the marriage at the expense of
the common fund whether the acquisition be for the partnership or for
only 1 of the spouses
b. those obtained from the labor, industry, work or profession of either
or both of the spouses
c. the fruits, natural, industrial, or civil, due or received during the
marriage from the common property, as well as the net fruits from the
exclusive property of each spouse
d. the share of either spouse in the hidden treasure which the law awards
to the finder or owner of the property where the treasure is found
e. those acquired through occupation such as fishing or hunting
f. livestock existing upon the dissolution of the partnership in excess of
the number of each kind brough to the marriage by either spouse
g. those which are acquired by chance, such as winnings from gambling
or betting (however, losses therefrom shall be borne exclusively by the
loser spouse)
-Excluded:
a. property that is brought to the marriage as his or her own
b. property acquired during the marriage by gratuitous title
c. property acquired by right of redemption, barter or exchange with
property belonging to either spouse
d. property purchased with exclusive money of either spouse

h. property bought on installments paid partly from exclusive funds of

either or both spouses and partly from conjugal funds (ownership was
vested before the marriage – buyer; conjugal if vested during the
marriage) ex. buying car in installments
i. an amount or credit payable within a period of time (installment
payments – exclusive property of the spouse; interest falling due during
the marriage – conjugal)
j. Principle of Reverse Accession (principal + improvements) – the
ownership of improvements whether for utility or adornment made on
the separate property of the spouses at the expense of the partnership or
through the efforts of either or both spouses shall pertain to the conjugal
partnership or to the original owner-spouse, subject to the following
rules:
 -G.R.: the accessory follows the principal (not applicable!)
-application: land (exclusive prop. Of H) + [house (improvement) +
increase in value (plus value)] = mas mataas ang value [] sa exclusive
prop., it will be considered conjugal, if not it will be considered exclusive
prop.

 What can be charged to both ACP or CPG:

-the support of the spouses, their common children, and legitimate children
of either spouse (however, the support of illegitimate children shall be
governed by the provisions of this Code on Support);
-all debts and obligations contracted during the marriage by the designated
administrator-spouse for the benefit of the community, or by both spouses,
or by 1 spouse with the consent of the other;
-debts and obligations contracted by either spouse without the consent of
the other to the extent that the family may have been benefited;
-all taxes, liens, charges and expenses, including major or minor repairs, upon
the community property;
-all taxes and expenses for mere preservation made during marriage upon
the separate property of either spouse used by the family;
-expenses to enable either spouse to commence or complete a professional
or vocational course, or other activity for self-improvement;
-ante-nuptial debts of either spouse insofar as they have redounded to the
benefit of the family;
-the value of what is donated or promised by both spouses in favor of their
common legitimate children for the exclusive purpose of commencing or
completing a professional or vocational course or other activity for self-
improvement;
-ante-nuptial debts of either spouse other than those falling under par. 7 of
this Art., the support of illegitimate children of either spouse, and liabilities
incurred by either spouse by reason of a crime or a quasi-delict, in case of
absence or insufficieny of the exclusive property of the debtor-spouse, the
payment of which shall be considered as advances to be deducted from the
share of the debtor-spouse upon liquidation of the community; and
-expenses of litigation bet. spouses unless the suit is found to be groundless

 If the ACP or CPG is insufficient to cover the liabilities (Arts. 94 and 121, FC)
-the spouses shall be solidarily liable for the unpaid balance with their
separate properties.
(This is different from the rule in ordinary partnerships where the partners
are subsidiarily and jointly liable for unpaid partnership debts.)

 Administration of ACP or CPG:

-jointly by the H and W
 -in case of disagreement, husband’s decision shall prevail, subject to recourse
to the court by the wife for proper remedy
-in case 1 spouse is incapacitated or unable to participate in the
administration of the common properties, the other spouse may assume sole
powers
-any disposition or encumbrance without the consent of the other spouse is
void
-however, it can be subsequently accepted by the other spouse before the
offer is withdrawn

 Dissolution of ACP or CPG:

-death of either spouse
-LS
-annulment or declaration of nullity of marriage
-judicial separation of property

6. Regime of Separation of Property / CSP (Complete Separation of Property):

-marriage settlements
-in case of remarriage of the surviving spouse without liquidating the
properties of the dissolved marriage
-if the spouses were granted judicial separation of property upon their
petition, either voluntary or for sufficient causes provided by law
 Grounds for Judicial Separation of Property: CALASA
-the spouse of the petitioner has been sentenced to a penalty which carries
with it civil interdiction
-the spouse of the petitioner has been judicially declared as an absentee
-the spouse of the petitioner lost parental authority by decree of the court
-the spouse of the petitioner has abandoned the latter or failed to comply
with his or her obligations to the family
-at the time of the petition, the spouses have been separated in fact for at
least 1 year and reconciliation is highly improbable
-the spouse granted the power of administration in the marriage settlement
has abused that power

 Consequences of a Separate Property Regime:

-each spouse shall own, dispose of, possess, administer and enjoy his or her
own separate estate, without need of the consent of the other.
-to each spouse shall belong all earnings from his or her profession, business
or industry and all fruits, natural, industrial or civil, due or received during
the marriage from his or her separate property.
-both spouses shall bear the family expenses in proportion to their income,
or in case of insufficiency or default thereof, to the current market value of
their separate properties.
 -the liabilities of the spouses to creditors for family expenses shall, however,
be solidary.

7. Property regime of unions without marriage

 Rules on co-ownership (50-50) in case: - property regime without the benefit
of marriage
-common-law spouses are without impediment
-marriage is declared void but the spouses are without impediment
 Rules on actual joint contribution - in case of common-law spouses with
impediment.

F. FAMILY HOME – it is the dwelling house constituted jointly by the H & W or the
unmarried head of the family where they and their family reside, and the land on which
it is situated.
- G.R.: The family home is exempt from execution, forced sale or attachment.
- Xpn: non-payment of taxes;
Debts incurred prior to the construction of the family home;
Debts secured by a mortgage on the family home either before or after its
constitution;
Debts due to laborers, mechanics, builders or materialmen and others who have
rendered service or furnished material for the construction of the building

 Family – being the foundation of the nation, is a basic social institution which
public policy cherishes and protects.
- Include those bet. H & W; bet. parents & children; and among brothers &
sisters (full or half-blood)

 Death of 1 or both the spouses will not automatically result in the dissolution
of the family home – it will continue for a period of 10 years or for as long as
there is a minor beneficiary residing therein, the heirs cannot partition the
same, unless the court finds compelling reasons to do so.
 Requisites to be a beneficiary of the family home:
- 1 must be among the persons enumerated in Art. 154
- Must actually resides in the family home
- Must be dependent for legal support upon the head of the family

G. PATERNITY AND FILIATION

 Paternity – status or relation of the parent with respect to his or her child.
 Filiation – status or relation of a child with respect to his or her parents.
 Kinds of Filiation:
 By nature:
- Legitimate
- Illegitimate
 By adoption
2. PROOF OF FILIATION:
- Birth Certificate / Record of Birth
- Admission in a public document or a private handwritten instrument and
signed by the parent concerned
- open and continuous possession of the status of a legitimate child
- Marriage Certificate
- Acknowledgment
(Note: Result of DNA is an acceptable evidence to prove the paternity of a
child.)
-action to claim legitimacy may be brought by the child among during his/her
lifetime and shall be transmitted to the heirs should the child die during
minority or in a state of insanity = 5 years

1. LEGITIMATE CHILDREN – children conceived or born during the marriage

of the parents.
 Child conceived before marriage (pre-marital) but born after his
parents got married.
 Child conceived during the marriage, but born after the marriage has
already been terminated (due to death or annulment).
 Child conceived as a result of artificial insemination, provided:
-conditions for legitimate child apply;
-both H and W authorized the insemination in a written instrument;
-written instrument is recorded together with the birth certificate of
the child.
 Presumption of Legitimacy:
-The child shall be considered legitimate although the mother may
have declared against its legitimacy or may have been sentenced as
an adulteress (Art. 167, FC).
-The law requires that every presumption be made in favor of
legitimacy.
-The legitimacy of the child can be impugned only in a direct action
brought for that purpose, by the proper parties, and within the period
limited by law (cannot be attacked collaterally).
 Period to impugn the legitimacy of the child
- The action to impugn the legitimacy of the child shall be brought
within 1 yr from the knowledge of the birth or its recording in the civil
register (GR: only the husband; Xpn: heirs – if the H died before the
lapse of the period, H died during the pendency of the case, H died
before the W gave birth)

 Rules when the mother gives birth after the marriage:

-When the mother has not remarried:
 a. if the child is born within 300 days from the termination of the
marriage, he is presumed to be legitimate.
b. if the child is born after 300 days following the termination of the
marriage, his legitimacy or illegitimacy shall be proved.
-When the mother contracted another marriage after 300 days
following the termination of the former marriage:
a. if the child is born during the second marriage, he is a legitimate
child of the said marriage.
b. if the child is born before the second marriage, his legitimacy or
illegitimacy shall be proved.
-When the mother contracted another marriage within 300 days after
the termination of the 1st marriage:
a. the child is conceived of the 1st marriage if he is born within 180
days from the solemnization of the 2nd marriage and within 300 days
after the termination of the 1st marriage.
b. the child is considered conceived of the subsequent marriage if he
is born after 180 days following the solemnization of the 2 nd marriage
even if born within the 300 days after the termination of the former
marriage.
 The following are also considered legitimate:
-children conceived or born before the finality of the judgment of
annulment
-children conceived or born before the finality of the judgment of
absolute nullity of the marriage under Art. 36
-children conceived or born of the subsequent marriage under Art. 53
(void for failure to comply with the requirements of delivery of
presumptive legitimes)
-children of a subsequent marriage where the 1 st spouse was declared
presumptively dead but reappeared
 Rights of LC:
-to bear the surnames of the father and mother;
-to receive support from their parents, their ascendants, and in
proper cases, their brothers and sisters;
-to be entitled to legitime and other successional rights.

3.ILLEGITIMATE CHILDREN – those conceived and born outside a valid

marriage.
 Rights of IC:
-to use the surname of the mother (Art. 176, FC); however, they can
use the surname of the father, if their filiation is recognized by the
father;
-to be under the parental authority of the mother;
-to receive support in conformity with the FC;
-to be entitled to legitime consisting ½ of the legitime of a LC
  RA 9255 amended Art. 176, FC

4.LEGITIMATED CHILDREN
 Legitimation – takes place by subsequent marriage
 Requisites:
-the child is illegitimate
-the parents at the time of the child’s conception are not disqualified
from marrying each other
-there is a valid marriage subsequent to the child’s birth
 RA 9858 amended Art. 177, FC – legal impediment is that parents are
minor, the child may be legitimated when his parents attain the legal
age and got married.
 Claiming filiation:
-the child (action may be brought during his or her lifetime)
-the heirs (if the child dies during minority or insanity, the action shall
be filed within 5 years from death of the child)
 Impugning filiation:
-the husband
-the heirs, in the following cases:
a. if the husband should die before the expiration of the period fixed
for him to bring his action;
b. if the husband should die after the filing of the complaint, without
having desisted therefrom; or
c. if the child was born after the death of the husband.
 Prescription of action to impugn:
-1 yr. from the knowledge of the birth or recording, if the husband or
heir lives in the same city or municipality where the birth took place
or is recorded
-2 yrs. if the husband or heir resides in another place in the Phils.
-3 yrs. if the husband or heir resides abroad
 Grounds to impugn filiation:
-physical impossibility (ex. impotent)
-biological or scientific proof that the child could not have been that
of the husband (ex. DNA testing)
-the artificial insemination was without the consent of either parent
or the consent is vitiated

H. ADOPTION – is a juridical act which creates bet. 2 persons a relationship similar to that
which results from legitimate paternity and filiation.
-a person may adopt a (a) total stranger, or (b) a relative, such as a sibling or his or her
own illegitimate child, to give the latter legitimate status.
-the best interest of the child is the primary consideration in the determination of an
application for adoption.
1. DOMESTIC ADOPTION ACT (R.A. NO. 8552)
a. Who may adopt:
 any FILIPINO CITIZEN with the following qualifications may adopt:
-of legal age [at least 25 years old – new law RA 11642]
-in possession of full civil capacity and legal rights
-of good moral character [and must be able to model the same – new
law]
-has not been convicted of any crime involving moral turpitude
-emotionally and psychologically capable of caring for children
-at least 16 years older than the adoptee (may be waived – when the
adopter is the biological parent of the adoptee or the spouse of the
adoptee’s parent)
-in a position to support and care for his/her children in keeping with the
means of the family

 Any RESIDENT ALIEN possessing the same qualifications as those of

Filipinos, provided the following additional conditions are met:
-his/her country has diplomatic relations with the Phils.
-he/she has been living in the Phils. for at least 3 continuous years prior
to the filing of the application for adoption and maintains such residence
until the adoption decree is entered [5 year rule – new law]
-he/she has been certified by his/her consular official as having the legal
capacity to adopt in his/her country and that his/her government allows
the adoptee to enter his/her country as his/her adopted son/daughter
o Residency and certification may be waived for the following:
-a former Fil. citizen who seeks to adopt a relative within the 4 th degree of
consanguinity or affinity;
-1 who seeks to adopt the legitimate child of his/her Fil. spouse;
-1 who is married to a Fil. citizen and seeks to adopt jointly with his/her
spouse a relative within the 4th degree of consanguinity or affinity of the
Fil. spouse.
-the guardian with respect to the ward after the termination of the
guardianship and clearance of his/her financial accountabilities.

 A Filipino who is deployed abroad usually in a diplomatic post and must

also be able to bring the child abroad [new law]

b. Who may be adopted:

-any person below 18 who has been administratively or judicially declared
available for adoption; [RA 9523 – administrative declaration na lang]
-LC of 1 spouse, by the other spouse;
-IC by a qualified adopter to improve his/her status to that of legitimacy;
 -person of legal age, if prior to the adoption, said person has been consistently
considered and treated by the adopter as his/her own child since minority
[treated as their own child for at least 3 years – new law];
-child whose adoption has been previously rescinded; or
-child whose biological or adoptive parent/s has/have died, provided, no
proceedings shall be initiated within 6 months from the death of the said
parent/s.
-child relative of the adopter regardless of degree [new law]

 Child legally available for adoption (RA 9523) – a child in whose favor a
certification was issued by the DSWD that he/she is legally available for
adoption after the fact of abandonment or neglect has been proven
through the submission of pertinent documents.
 Certification is required only in the adoption of abandoned, neglected
and involuntarily or voluntarily committed children. (new law – required
na yung Certification – CCLAA [Certification of a Child Legally Available for
Adoption – applies only to strangers, not to relatives])

c. Rights of an adopted child

-change of surname (proof is necessary for the change of first name) (new law –
first name and surname can be change)
-legitimate child
-successional rights

d. Instances and effects of rescission

 Instances of rescission - Only the adoptee can rescind the adoption on
the following grounds:
- repeated physical and verbal maltreatment by the adopters despite
having undergone counseling
- attempt on the life of the adoptee
- sexual assault or violence
- abandonment or failure to comply with parental obligations
 Effects of rescission:
- reciprocal rights and obligations of the adopter and the adoptee to each
other shall be extinguished
- if adoptee is still a minor or incapacitated, the parental authority of the
biological parents or legal custody of the DSWD shall be restored
- the court shall order the civil registrar to cancel the amended birth cert.
and restore the original
- successional rights shall revert to its status prior to adoption

 JOINT ADOPTION BY SPOUSES

 GR: H and W shall jointly adopt.
 Xpn: -1 spouse seeks to adopt the LC of the other;
 -1 spouse seeks to adopt his/her own IC, provided that the
other spouse signified his/her consent;
-spouses are legally separated from each other;
 in case H and W jointly adopt, or 1 spouse adopts the IC of the other,
joint parental authority shall be exercised by the spouses

2. INTER-COUNTRY ADOPTION ACT (R.A. NO. 8043)

a. When allowed – the law allows inter-country adoption of Fil. children by alien
Prospective Adoptive Parents (PAP) if it is for the best interest of the child.
- The Inter-Country Adoption Board (ICAB) is the central authority in
matters relation to inter-country adoption of Filipino children.

b. Who may adopt

 A NON-RESIDENT ALIEN or a FILIPINO PERMANENTLY RESIDING ABROAD
(NON-RESIDENT FILIPINO) may also adopt if he/she:
-at least 27 yrs. old and at least 16 yrs. older than the child to be adopted
at the time of application unless the adopter is the parent by nature of
the child to be adopted or the spouse of such parent;
-if married, his/her spouse must jointly file for adoption;
-has the capacity to act and assume all rights and responsibilities of
parental authority under his national laws, and has undergone the
appropriate counseling from an accredited counselor in his/her country;
-has not been convicted of a crime involving moral turpitude;
-eligible to adopt under his/her national law;
-in a position to provide the proper care and support and to give the
necessary moral values and example to all his children, including the child
to be adopted;
-agrees to uphold the basic rights of the child as embodied under Phil.
law, UN Convention on the Rights of the Child, and to abide by the rules
and regulations issued to implement the provisions of this Act;
-comes from a country with whom the Phils. has diplomatic relations and
whose government maintains a similarly authorized and accredited
agency and that adoption is allowed under his/her national laws; and
-possess all the qualifications and none of the disqualifications provided
under the law.

c. Who may be adopted

I. SUPPORT – everything indispensable of sustenance, dwelling, clothing, medical

attendance, education and transportation, in keeping with the financial capacity of the
family.
- Right to support is purely personal, not subject to attachment or
execution, intransmissible and cannot be the object of contract.
  Who are obliged to give support:
- The spouses
- Legitimate ascendants and descendants
- Parents and their legitimate children and the legitimate and illegitimate
children of the latter
- Parents and their illegitimate children and the legitimate and illegitimate
children of the latter
- Legitimate brothers and sisters (full or half-blood)
 What properties are liable for support:
- Only the separate property of the person obliged to give support,
provided that in case the obligor has no separate property or it is
insufficient, the ACP or the CPG, if financially capable, shall advance the
support, which shall be deducted from the share of the spouse obliged
upon the liquidation of the ACP or CPG.
 Order of liability: (when 2 or more persons are obliged to give support)
- The spouse
- The descendants in the nearest degree
- The ascendants in the nearest degree
- The brothers and sisters
 Factors in granting support – the means of the giver and the necessities
of the recipient
 How to fulfill the obligation to give support:
- Give a fixed monthly allowance or
- Maintain the person entitled to support in a family dwelling (but it cannot
be availed of if there is a legal or moral obstacle)

J. PARENTAL AUTHORITY – natural rights and duty of parents over the person and
property of their unemancipated children and it includes a caring for and rearing of such
children for civic consciousness and efficiency and the development of their moral,
mental and physical character and well-being.
- Joint parental authority (but in case of disagreement, the father’s
decision shall prevail, unless there is a judicial order to the contrary)
- GR: Parental authority and responsibility may not be renounced or
transferred.
- Xpn: Adoption or surrender to child caring insitutions
 Maternal preference or Tender age presumption – no child below 7 years of
age shall be separated from the mother unless the court finds compelling
reasons to do so.
 Substitute parental authority: (death, absence, or unsuitability of both
parents)
- Surviving grandparent
- Oldest brother or sister (over 21 years of age), unless unfit or disqualified
- Child’s actual custodian (over 21 years of age), unless unfit or disqualified
  Special parental authority – school, its administrators and teachers, or the
individual, entity or institution engaged in child care, while under their
supervision, instruction or custody.
 Parents are civilly liable for the acts or omissions of the child if the latter is
below 21 years of age and living in their company.
 Effect of parental authority on the property of the minor – makes the father
and mother or the legal guardian, as the guardian of the property of the
unemancipated children without the necessity of a court appointment.

K. EMANCIPATION – takes place by the attainment of majority (18 years old).

- It shall terminate parental authority over the person and property of the
child.

L. RETROACTIVITY OF THE FAMILY CODE (Art. 256) – the Code shall have retroactive effect
insofar as it does not prejudice or impair vested or acquired rights in accordance with
the Civil Code and other laws.