INTRODUCTION TO LAW and FAMILY CODE

A.Y. 2021-2022 SECOND SEMESTER

 laws of the Philippines will govern upon all

PERSONS and FAMILY those who live or sojourn in it
RELATIONS 2. Laws relating to family rights and duties, or to
the status, condition and legal capacity of
I. NEW CIVIL CODE persons
 nationality rule applies
Effectivity of laws  laws of the Philippines will govern its citizens,
GENERAL RULE: Laws take effect 15 days regardless of their residence
following the completion of its publication EXCEPTION: When a marriage between a
EXCEPTION: Unless otherwise provided by Filipino citizen and a foreigner is validly
the law. celebrated and a divorce is thereafter validly
obtained abroad by the alien spouse
 Publication cannot be dispensed with for it capacitating him or her to remarry, the Filipino
would be a violation of due process. spouse shall likewise have the capacity to
remarry under Philippine law. (Art. 26 par. 2
 Administrative rules and regulations must also Family Code)
be published if their purpose is to enforce or Note: domiciliary rule supplants the nationality
implement existing laws pursuant to a valid rule in cases involving stateless persons
delegation. The publication must be in full since
its purpose is to inform the public of the contents 3. Laws on property
of the law. (Phil. Int’l Trading Corp. vs. Angeles)  lex rei sitae applies
 real property, as well as personal property is
Non-retroactivity of laws subject to the law of the country where it is
GENERAL RULE: Laws have no retroactive situated
effect.
EXCEPTIONS: (UCIPELT) 4. Laws on forms and solemnities
1. Unless the law otherwise provides  lex loci celebrationis applies
2. Curative statutes
3. Interpretative statutes Rules on Personal Law
4. Procedural/remedial DOMICILIARY RULE NATIONALITY RULE
5. Emergency laws basis for determining basis for determining
6. Laws creating new rights personal law of an personal law of an
7. Tax laws individual is his individual is his
EXCEPTIONS TO THE EXCEPTIONS: domicile citizenship
1. Ex post facto laws
2. Laws that impair obligation of contracts
LEX LEX REI LEX LOCI
NATIONALII SITAE CLEBRATIONIS
Acts Contrary To Law
GENERAL RULE: Acts which are contrary to Art. 15, CC Art. 16, CC Art. 17, CC
mandatory or prohibitory laws are void. Citizenship is Law of the Law of the place
EXCEPTIONS: the basis for place where where the
1. When the law itself authorized its validity determining the property contract was
(ex. lotto, sweepstakes) the personal is situated is executed is the
2. When the law makes the act only law the basis for basis for
voidable and not void (ex. voidable applicable deter-mining determining law
contracts where consent is vitiated) law applicable
3. When the law makes the act valid but applicable
punishes the violator (ex. marriage Covers Covers both Covers only the
solemnized by a person without legal family rights real & forms &
authority) & duties, personal solemnities
status, property (extrinsic validity)
Waiver of rights condition &
 Requisites: (EKI) legal
1. Existence of a right capacity
2. Knowledge of the existence of a right Exception: Exceptions: Exceptions:
3. Intention to relinquish the right Art. 26, par. (CIAO) 1. Art. 26, par. 1
GENERAL RULE: Rights can be waived. 2 of Family 1. Capacity of Family Code
EXCEPTIONS: Code to succeed (marriage
1. If the waiver is contrary to law, public 2. Intrinsic involving Filipinos
order, public policy, morals or good validity of the solemnized
customs (LPPMG) will abroad, when
2. If the waiver is prejudicial to a third party 3. Amount of such are void in
with aright recognized by law. successional the Philippines)
rights 2. Intrinsic
Laws applicable 4. Order of validity of
1. Penal laws and laws of public security succession contracts
 territoriality rule governs
Renvoi Doctrine
ATTY.EDUARD DORSEY R. CARATAO
INTRODUCTION TO LAW and FAMILY CODE
A.Y. 2021-2022 SECOND SEMESTER

 Where the conflict rules of the forum refer to a 2. provisional/conditional

foreign law, and the latter refers it back to the
internal law, the latter (law of the forum) shall
apply.
 If the foreign law refers it to a third country,
the said country’s laws shall govern, and is
referred to as the transmission theory.
Doctrine of Processual Presumption
 The foreign law, whenever applicable, should
be proved by the proponent thereof; otherwise,
such law shall be presumed to be exactly the
same as the law of the forum.
Rule on Prohibitive Laws
GENERAL RULE: Prohibitive laws concerning
persons, their acts or property and laws which
have for their object public order, public policy or
good customs are not rendered ineffective by
laws, judgments promulgated or conventions
agreed upon in foreign country.
EXCEPTION: Art. 26, par. 2 Family Code
 Ex. Divorce law
PERSONS
 The presumption as to the child’s personality
applies only in cases beneficial to the child.
When is a Child Considered Born
GENERAL RULE: For civil purposes, the fetus
is considered born if it is alive at the time it is
completely delivered from the mother’s womb.
EXCEPTION: If the fetus had an intrauterine
life of less than 7 months, it is not deemed born
if it dies within 24 hours after its complete
delivery from the maternal womb.
Presumption of survivorship
 Two or more persons, called to succeed each
other, shall be presumed to have died at the
same time, subject to the following conditions:
1. parties are heirs to one another
2. no proof as to who died first
3. with doubt as to who died first
Note: Art. 43 applies when the parties are called
to succeed each other. But if the parties are not
called to succeed each other, Rule 131, Sec. 3
(jj) of the Rules of Court applies. Both are to be
applied only in the absence of facts.

CIVIL PERSONALITY Cessation of Civil Personality

 aptitude of being the subject, active or 1. If natural persons: by death
passive, of rights and obligations 2. If juridical persons: by termination of
existence
JURIDICAL CAPACITY TO ACT
CAPACITY CITIZENSHIP
Fitness to be the Power to do act with
subject of legal legal effects Elements of Domicile
relations 1. Physical presence in a fixed place
Passive Active 2. Intention to remain permanently (animus
Inherent Merely acquired manendi)
Lost only through Lost through death
death and other causes Kinds of Domicile
Can exist without Cannot exist without 1. Domicile of origin - received by a person
capacity to act juridical capacity at birth.
2. Domicile of choice - the place freely
Cannot be limited or Can be restricted,
chosen by a person sui juris.
restricted modified or limited
3. Constructive domicile - assigned to a
child by law at the time of his birth.
THEORIES ON CAPACITY TO ACT
THEORY OF THEORY OF II. FAMILY CODE
GENERAL SPECIAL
CAPACITIES CAPACITIES MARRIAGE
Applies to natural Applies to juridical  A special contract of permanent union
persons persons between a man and a woman entered into in
One has the ability to This limits the power of accordance with law for the establishment of
do all things with legal juridical persons only conjugal and family life. Its nature,
effects except only in to those that are consequences and incidents are fixed by law
those specific circum- expressly conferred and cannot be the subject of stipulation.
stances where the upon them or those  Essential requisites: (LC)
capacity to act is which can be implied 1. Legal capacity of the contracting parties,
restrained therefrom or inci- who must be a male and a female
dental thereto 2. Consent freely given in the presence of
a solemnizing officer
Natural persons  Formal requisites: (ALM)
GENERAL RULE: Birth determines 1. Authority of the solemnizing officer
personality. 2. Valid Marriage License
EXCEPTION: The law considers the 3. Marriage ceremony where the
conceived child as born for all purposes contracting parties appear before the
favorable to it if born alive. Therefore, the child solemnizing officer, with their personal
has a presumed personality, which has two declaration that the take each other as
characteristics:
1. limited; and
ATTY.EDUARD DORSEY R. CARATAO
INTRODUCTION TO LAW and FAMILY CODE
A.Y. 2021-2022 SECOND SEMESTER

husband and wife in the presence of not less EXCEPTIONS: Foreign marriages shall not be
than two witnesses of legal age recognized in the Philippines if prohibited
 Effects: because: (BBMA-PIP)
Absence of essential the marriage is void 1. contracted by a national who is below
or formal requisites ab initio 18 years of age
Defect in any of the The is marriage 2. bigamous or polygamous (except as
essential requisites voidable provided for in Art. 41, FC)
Irregularity in any of Does NOT affect the 3. contracted through mistake of one party
the formal requisites validity of the marriage as to the identity of the other
BUT will hold the party 4. contracted following the annulment or
responsible for such declaration of nullity of a previous
irregularity liable marriage but before partition
5. void due to psychological incapacity
Persons Authorized To Solemnize Marriages: 6. incestuous
(PMJCCC) 7. void for reasons of public policy
1. priests, rabbis, and ministers of any  Validity of divorce:
church GENERAL RULE: A divorce validly obtained
2. municipal and city mayors abroad by the alien spouse, capacitating him/her
3. members of the judiciary to remarry can allow the Filipino to remarry.
4. ship captains or air plane chiefs EXCEPTION: The rule will not apply if the
5. commanders of military unit, in the divorce was obtained by the Filipino spouse.
absence of chaplain
6. consul generals, consuls or vice-consuls Note: A Filipino wife remains the lawful wife of
the Filipino husband despite a decree of divorce
Authorized Venues Of Marriage obtained abroad by the wife. However, if the wife
GENERAL RULE: Must be solemnized is already a foreigner at the time of the divorce,
publicly, and not elsewhere, in the: she ceases to be the lawful wife of the Filipino
1. chambers of the judge or in open court husband. This, notwithstanding, if at the time of
2. church, chapel or temple the marriage the wife was still a Filipino, and
3. office of consul-general, consul or vice- subsequently acquires citizenship of another
consul country, thereby rendering her to have the legal
EXCEPTIONS: capacity to obtain a decree of divorce, the
1. marriage at the point of death (articulo Filipino husband remains a spouse of the
mortis); former. This situation is not covered by Art. 26,
2. marriage in remote places par.2 which requires that, at the time of the
3. marriage at a house or place designated marriage, one of the parties is already an alien.
by the parties with the written request to the
solemnizing officer VOID MARRIAGES
A. Due to absence of any of the essential
Marriages Exempt From License requisites: (BALBISP)
Requirement: (MOLAR) 1. contracted by any party below 18 years
1. among Muslims or members of ethnic of age even with parental consent
cultural communities, provided such were 2. solemnized by any person not legally
solemnized in accordance with their customs, authorized to perform marriages unless one or
rites and practices both of the parties believed in good faith that
2. solemnized outside the Phil. where NO the solemnizing officer had the legal authority
marriage license is required by the country to do so
where they were solemnized 3. solemnized without a license except as
3. of a man and a woman who have lived otherwise provided
together as husband and wife for at least 5 4. bigamous or polygamous marriages
years and without legal impediment to marry 5. marriages contracted through mistake of
each other one of the parties as to the identity of the other
 Note: their act of living together must be 6. subsequent marriages that are void
characterized by exclusivity and continuity. under Art. 53 of the Family Code
4. in articulo mortis 7. contracted by a party who at the time of
5. in remote places the marriage was psychologically
incapacitated
 A marriage license is valid only for 120 days
from date of issue, in any part of the Phils. B. Incestuous marriages, whether the
relationship be legitimate or illegitimate
Foreign Marriages (Art.37):
 Validity of marriage: 1. between ascendants & descendants of
GENERAL RULE: Where one or both parties any degree
to the marriage are citizens of the Philippines, 2. between brothers & sisters whether full
the foreign marriage is valid in this country if or half-blood
solemnized in accordance with the laws of the
country of celebration. C. Those contrary to public policy (Art.38):

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INTRODUCTION TO LAW and FAMILY CODE
A.Y. 2021-2022 SECOND SEMESTER

1. between collateral blood relatives  involves a senseless, protracted and constant

whether legitimate or illegitimate up to the 4th refusal to comply with the essential marital
civil degree (SPAS-SAAK) obligations by one or both of the spouses
2. between step-parents & step children although he, she or they are physically capable
3. between parents-in-law & children-in- of performing such obligations (Chi Ming Tsoi
law vs. CA)
4. between the adopting parent & the  Essential elements: (MAVFFCCI)
adopted child 1. Mental condition
5. between the surviving spouse of the 2. Applies to a person who is maritally
adopting parent & the adopted child contracted to another
6. between the surviving spouse of the 3. Marriage entered into with volition
adopted child & the adopter 4. Failure to perform or comply with the
7. between an adopted child & a legitimate essential obligations in marriage
child of the adopter 5. Failure to perform is chronic
8. between the adopted children of the 6. Cause is psychological in nature
same adopter 7. Cause is serious, with juridical
9. between parties where one, with the antecedence and must be incurable
intention to marry the other, killed the latter’s 8. Incapacity results in the failure of the
spouse, or his/her spouse marriage.

NOTE: Under the FC, the following can now BIGAMOUS MARRIAGES
marry each other: GENERAL RULE: A marriage contracted by
1) Brother-in-law and sister-in-law; any person during the subsistence of a previous
2) Stepbrother and stepsister; valid marriage shall be null and void.
3) Guardian and ward; EXCEPTIONS: When the following
4) Adopted and illegitimate child of the conditions concur, the subsequent bigamous
adopter; marriage shall be valid:
5) Parties who have been convicted of 1. absence of the other spouse must have
adultery or concubinage. been for four consecutive years, or two years
where there was danger of death
D. Subsequent marriages 2. well-founded belief of the present
1. without judicial declaration of nullity of spouse that absent spouse was already dead
previous void marriage (Art. 40) 3. judicial declaration of presumptive death
2. without judicial declaration of
presumptive death of absent spouse (Art. 41) EFFECTS OF TERMINATION OF
3. where the spouse was presumed dead, SUBSEQUENT MARRIAGE: (CADI2)
and both the present spouse and would-be 1. Children of the subsequent marriage
spouse were in bad faith in contracting conceived prior to its termination shall be
marriage (Art.44) considered legitimate;
2. The absolute community or conjugal
 Where there was failure to record in the civil partnership shall be dissolved and
registry and registry of property the judgment of liquidated. If either spouse acted in bad
annulment or of absolute nullity of the marriage, faith, his/her share in the net profits shall be
partition and distribution of the property of the forfeited:
spouses and the delivery of the children’s a. in favor of the common children;
presumptive legitimes it shall not affect third b. if none, in favor of the children of the
persons (Arts.52-53). guilty spouse by previous marriage; or
c. in default of children, in favor of the
 Even if a marriage is void, it must be declared innocent spouse;
void first because the parties cannot decide for 3. Donations by reason of the marriage remain
themselves the invalidity of their marriage. valid except if the donee contracted the
marriage in bad faith;
VOID VOIDABLE 4. The innocent spouse may revoke the
Decree of nullity Decree of annulment designation of the spouse in bad faith as the
Never be ratified Ratified by free beneficiary in any insurance policy; and
cohabitation 5. The spouse who contracted the subsequent
Attacked directly or Attacked directly only marriage in bad faith shall be disqualified to
collaterally inherit from the innocent spouse by testate
Co-ownership Conjugal Partnership or intestate succession.
Always void Valid until annulled NOTE: The above effects apply in voidable
Action for declaration Action prescribes bigamous marriages. Except for (1), the above
of nullity does not effects also apply to marriages which are
prescribe annulled or declared void ab initio under Art. 40
of the Code.
Psychological Incapacity
 no exact definition but is restricted to DECLARATION OF PRESUMPTIVE DEATH
psychological incapacity “to comply with the  Requisites: (MR-BF)
essential marital obligations of marriage”

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INTRODUCTION TO LAW and FAMILY CODE
A.Y. 2021-2022 SECOND SEMESTER

1. That the absentee spouse has been 4. Concealment of drug addiction, habitual
missing for 4 consecutive years or 2 alcoholism, homosexuality or lesbianism existing
consecutive years if the disappearance at the time of the marriage.
occurred where there is danger of death under Note: Misrepresentation as to character,
circumstances laid down in Art.391 of the NCC health, rank, fortune or chastity is not a
2. The present spouse wishes to remarry; ground for annulment.
3. The present spouse has well-founded
belief that the absentee is Dead; Ground Persons Prescriptive
4. The present spouse files a summary (F2I2NS) Who May Period
proceeding for the declaration of presumptive Sue
death 1. Force, injured party w/in 5 years
 Effect of Reappearance of Absent Spouse: intimidation, from the time
GENERAL RULE: The subsequent or undue the force,
bigamous marriage under Article 41 remains influence intimidation, or
valid despite reappearance of the absentee undue influence
spouse. ceased
EXCEPTION: If the reappearance was made 2. Fraud injured party w/in 5 years
in a sworn statement recorded in the civil from the dis-
registry, the subsequent marriage is covery of fraud
“automatically terminated.” 3. Inca- injured party w/in 5 years
EXCEPTION TO THE EXCEPTION: If there pability to after the
was a previous judgment annulling or declaring consummate celebration of
the first marriage a nullity, the subsequent the marriage
bigamous marriage remains valid. 4. Insanity a. sane a. anytime
spouse who before the
VOIDABLE MARRIAGES has no death of either
 Grounds: (FAV-PUS) knowledge of party
1. Age of the party in whose behalf it is the insanity b. anytime
sought to have the marriage annulled was 18 b. relatives, before the
years of age or over but below 21, and the guardians or death of either
marriage was solemnized without the consent persons ha- party
of the parents, guardian or person exercising ving legal c. during lucid
substitute parental authority over the party, in charge of the interval or after
that order, and both lived together as husband insane regaining sanity
and wife; c. insane
2. Unsound mind of either party spouse
3. Fraudulent means of obtaining consent
5. Non- a. parent/ a. anytime
of either party
consent legal before the “no
4. Vitiated consent of either party through
guardian consent” party
force, intimidation or undue influence
having charge reaches 21
5. Physical incapability of either party to
of the “no- b. w/in 5 years
consummate the marriage with the other, and
consent” after reaching
such incapacity continues and appears to be
party 21
incurable
b. ”no
6. Sexually-transmissible disease of either
consent “
party found to be serious and appears to be
party
incurable
6. STD injured party w/in 5 years
after the
Note: Mode of ratification for Nos. 1-4 is
celebration of
COHABITATION. In Nos. 5 & 6, there is no
the marriage
ratification to speak of since the defect is
permanent. The latter can be convalidated only Note: In Nos. 1, 2, 4, and 5, when cohabitation
by prescription, i.e. 5 years from the date of takes place after the defect ceases to exist, the
marriage. Specifically, in no.5, the healthy prescriptive period is rendered moot and
spouse may still annul the marriage within 5yrs. academic. Whichever comes first may
after celebration. convalidate the marriage: Cohabitation or
Prescription.
Circumstances amounting to Fraud under
Art. 45(3): (NPSD) Requisites for annulment due to Impotence
1. Non-disclosure of a previous conviction under Art.45(5); (CPUN-I)
by final judgment of the other party of a crime 1. Impotence exists at the time of the
involving moral turpitude; celebration of the marriage
2. Concealment by the wife of the fact that 2. The impotence is permanent
at the time of the marriage, she was pregnant by 3. incurable
a man other than her husband; 4. The impotence is unknown to the other
3. Concealment of a sexually transmissible spouse
disease, regardless of its nature, existing at the 5. The other spouse must not be impotent
time of the marriage; and also

ATTY.EDUARD DORSEY R. CARATAO

INTRODUCTION TO LAW and FAMILY CODE
A.Y. 2021-2022 SECOND SEMESTER

Doctrine of Triennial Cohabitation  Grounds for denial of petition: (CCCC-MP-

 presumption that the husband is impotent DR)
should the wife still remain a virgin after 3 years 1. Condonation
of living together with her husband. 2. Consent
3. Connivance
Requisites for annulment due to Disease 4. Collusion
under Art. 45(6): (ICSIIF) 5. Mutual Guilt
1. Either party is inflicted with a sexually 6. Prescription
transmissible disease (STD) 7. Death of either party during the
2. STD must exist at the time the marriage pendency of the case (Lapuz-Sy vs. Eufemio)
is celebrated 8. Reconciliation of the spouses during the
3. STD must be serious pendency of the case
4. STD must be apparently incurable
5. Party not afflicted by STD must be  Effects of filing petition:
ignorant of the other’s affliction 1. The spouses shall be entitled to live
6. Injured party must be free from STD separately from each other.
2. The husband shall have no more right to
ADDITIONAL REQUIREMENTS FOR have sexual intercourse with his wife.
ANNULMENT OR DECLARATION OF 3. In the absence of an agreement
NULLITY between the parties, the court shall designate
a) Prosecuting attorney or fiscal should: the husband, the wife, or a 3 rd person to
1. Take steps to prevent collusion between manage the absolute community or conjugal
the parties partnership property.
2. Take care that evidence is not
fabricated or suppressed  Effects of decree of legal separation:
b) The following must be accomplished: 1. The spouses shall be entitled to live
1. Partition and distribution of the separately from each other but the marriage
properties of the spouses bond is not severed.
2. Delivery of the children’s presumptive 2. The absolute community or conjugal
legitimes partnership shall be dissolved and liquidated.
3. Recording of the judgment of annulment 3. The custody of the minor children shall
or absolute nullity be awarded to the innocent spouse subject to
the provisions of Art. 213 of the Code.
LEGAL SEPARATION 4. The offending spouse shall be
 Grounds: (DAPALIMBAS) disqualified from inheriting from the innocent
1. repeated physical violence or grossly spouse by intestate succession and the
abusive conduct directed against the provisions in favor of the offending spouse
petitioner, a common child, or a child of the made in the will of the innocent spouse shall
petitioner be revoked by operation of law.
2. attempt of the respondent to corrupt or 5. The innocent spouse may revoke the
induce the petitioner, a common child, or a donations made by him/her in favor of the
child of the petitioner, to engage in prostitution, offending spouse, as well as the designation of
or connivance in such corruption or the latter as beneficiary in any insurance
inducement policy, even if the designation be irrevocable.
3. attempt by the respondent against the
life of the petitioner  Effects of Reconciliation of the Spouses:
4. final judgment sentencing the 1. The legal separation proceedings, if still
respondent to imprisonment of more than 6 pending, shall thereby be terminated at
years even if pardoned whatever stage.
5. drug addiction or habitual alcoholism of 2. The final decree of legal separation shall
the respondent be set aside, but the separation of property
6. lesbianism or homosexuality of the and any forfeiture of share of the guilty spouse
respondent already effected shall subsist, unless the
7. abandonment of the petitioner by the spouses agree to revive their former property
respondent without justifiable cause for more regime.
than 1 year
8. physical violence or moral pressure to MARITAL RIGHTS AND OBLIGATIONS
compel petitioner to change religious or (LORFJM)
political affiliation 1. live together
9. contracting by respondent of a 2. observe mutual love, respect & fidelity
subsequent bigamous marriage; and 3. render mutual help & support
10. sexual infidelity or perversion. 4. fix the family domicile
 Cooling-off Period – 6 months period 5. joint responsibility for the support of the
designed to give the parties enough time to family
further contemplate their positions with the end 6. management of the household
in view of attaining reconciliation between them.
Exercise of Profession

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INTRODUCTION TO LAW and FAMILY CODE
A.Y. 2021-2022 SECOND SEMESTER

GENERAL RULE: Husband & wife can Grounds for Art. 86, FC Arts. 760,
engage in any lawful enterprise or profession revocation 764, & 765,
without the consent of the other. NCC
EXCEPTION: Upon objection of the other
spouse only on valid, serious and moral Rule on Donation Between Spouses During
grounds, may the former’s consent be Marriage
necessary. GENERAL RULE: VOID, either direct or
indirect donation
Property Relations Between Husband & Wife EXCEPTIONS:
 Governed by: 1. moderate gifts on occasions of family
1. marriage settlements or antenuptial celebrations
agreements 2. donations mortis causa
2. provisions of the Family Code
3. local customs (when spouses repudiate Note: This rule also applies to common-law
absolute community) spouses. (Art. 87, Family Code)

MARRIAGE SETTLEMENTS SYSTEM OF ABSOLUTE COMMUNITY (AC)

 It is a contract entered into by the future
spouses fixing the matrimonial property regime
that should govern during the existence.
 Requisites:
1. made before celebration of marriage
2. in writing (even modifications)
3. signed by the parties
4. not prejudice third persons unless registered
in the civil registry
5. to fix terms and conditions of their property
relations
6. additional signatories
a. 18-21: parents
b. civil interdictees & disabled: guardian
 Not applicable when:
1 both spouses are aliens, even if married in
the Philippines
2 as to extrinsic validity of contracts
 The property regime of the spouses in the
absence of a marriage settlement or when the
marriage is void. This is so because it is more in
keeping with Filipino culture.
 GENERAL RULE: Community property
shall consist of all property owned by the
spouses at the time of the marriage or acquired
thereafter.
EXCEPTIONS: (BEG)
1. property acquired before the marriage
by either spouse who has legitimate
descendants by a former marriage
2. property for personal and exclusive use
except jewelry
3. property acquired during the marriage by
gratuitous title, except when the donor,
testator or grantor expressly provides
otherwise

DONATIONS BY REASON OF MARRIAGE Administration of the community property

 Requisites: (B-COB) GENERAL RULE: It shall belong to both
1. made before celebration of marriage spouses jointly.
2. in consideration of marriage EXCEPTIONS:
3. in favor of one or both future spouses 1. In case of disagreement, husband’s
decision shall prevail.
BASES DONATIONS ORDINARY 2. In case one spouse is incapacitated or
PROPTER DONATIONS unable to participate in the administration of
NUPTIAS the common properties, other spouse may
Formalities Governed by Governed by assume sole powers.
the rules on rules on Note: These powers do not include:
ordinary donations a. Disposition
donations (Arts. 725- b. encumbrance
except that if 773, NCC)
future Any alienation or encumbrance is void if
property is without the written consent of the other spouse
donated, it
must conform Steps in Liquidation of AC: (IP-DDP)
with 1. Inventory
formalities of a. Inventory of Community
wills Property
Present May be No limit b. Inventory of separate property
Property donated but except that of the wife
up to 1/5 of donor shall c. Inventory of separate property
donor’s leave property of the husband
present enough for his 2. Payment of Community Debts
property support  First, pay out of community assets,
Future May be Cannot be if not enough, husband and wife are
property included included solidarily liable
provided 3. Delivery to each spouse his/her
donation is separate property if any
mortis causa 4. Division of the net community assets

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INTRODUCTION TO LAW and FAMILY CODE
A.Y. 2021-2022 SECOND SEMESTER
5. Delivery of presumptive legitimes, if any,
to the children
CONJUGAL PARTNERSHIP OF GAINS (CP)
 It is that formed by a husband and wife
whereby they place in a common fund the fruits
of their separate property, and the income from
their work or industry, the same to be divided
between them equally (as a general rule) upon
the dissolution of the marriage or the
partnership.
Conjugal Partnership Property: (LC2 FONT)
1. obtained from labor, industry, work or
profession
2. acquired by chance
3. acquired during the marriage with
conjugal funds
4. fruits of the conjugal property
5. acquired through occupation
6. net fruits of their exclusive property
7. share of either spouse in hidden
treasure
Exclusive Property Of Each Spouse: (OGRE)
1. that which is brought to the marriage as
his/her own
2. acquired during the marriage by
gratuitous title
3. acquired by right of redemption, barter
or exchange with property belonging to either
spouse
4. purchased with exclusive money of
either spouse
Rules In Cases Of Improvement Of Exclusive
Property
1. Reverse Accession – if the cost of the
improvement and the plus value is more than
the value of the principal property at the time of
the improvement, the property becomes
conjugal
2. Accession – 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 the improvement, the entire
property becomes the exclusive property of the
spouse.
Steps In Liquidation Of CP: (IRDO-DIP-D)
1. Inventory of the Conjugal Partnership of
Gains assets
2. Restitution of advances made to each
spouse
3. Payment of debts to each spouse
4. Payment of obligations to third parties
5. Delivery of exclusive properties
6. Payment of losses and deterioration of
movables belonging to each spouse
7. Delivery of presumptive legitimes
8. Division of the net conjugal partnership
properties
 Property bought on instalments paid partly
from exclusive funds of the spouses and partly
form conjugal funds:
ATTY.EDUARD DORSEY R. CARATAO
1. If full ownership was vested before the
marriage – it shall belong to the buyer-
spouse
2. If full ownership was vested during the
marriage - it shall belong to the conjugal
partnership
Charges Upon And Obligations Of AC and
CP:
1. Support for family except for illegitimate
children of either spouse;
2. Debts and obligations which must have
been contracted:
a. by administrator-spouse for the benefit
of the family;
b. by both spouses; or
c. by one spouse with the consent of the
other;
3. Debts and obligations without marital
consent provided the family was benefited;
4. All taxes, liens, charges and expenses
including major or minor repairs upon the
community or conjugal property;
 However, in conjugal partnership,
actual use need not be proved
because it is presumed.
5. All taxes and expenses for mere
preservation made during the marriage upon
the exclusive property of either spouse used
by the family;
6. Expenses for education or self-
improvement of either spouse;
7. Ante-nuptial debts of either spouse
insofar as they have redounded to the benefit
of the family;
8. The value of what is donated or
promised by both spouses in favor of their
common legitimate children for education or
self-improvement; and
9. Expenses of litigation between spouses
unless found to be groundless.
 The separate properties shall be solidarily
and subsidiarily liable for the obligations if the
community or conjugal properties are
insufficient.
 The absolute community property shall also
be liable for ante-nuptial debts mentioned
above, support of illegitimate children, and
liabilities incurred by either spouse by reason of
a crime or quasi-delict in case of insolvency of
the exclusive property of the debtor-spouse.
Payment of which shall be advanced by the
absolute community property, subject to
deduction from the share of the debtor-spouse.
 The conjugal 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.
Grounds For Termination Of Absolute
Community And Conjugal Partnership:
(LADS)
1. decree of legal separation
2. annulment or declaration of nullity of
marriage
3. death of either spouses
4. judicial separation of property
INTRODUCTION TO LAW and FAMILY CODE
A.Y. 2021-2022 SECOND SEMESTER

acquisition of joint
REGIME OF SEPARATION OF PROPERTY and equal acquisition.
 Causes: (CLAAPS) sharing as to When there is
1. petitioner’s spouse has been sentenced property evidence of
with a penalty which carries with it civil acquired while joint
interdiction; they live acquisition but
2. loss of parental authority of the together. none as to the
petitioner’s spouse as decreed by the court; extent of
3. petitioner’s spouse has been judicially actual
declared an absentee; contribution,
4. abandonment by the petitioner’s spouse there is a
and failure to comply with the obligations to the presumption
family; of equal
5. spouse granted power of administration sharing.
in marriage settlement abused such power; Forfeiture When only If one of the
and one of the parties is
6. at the time of the petition, spouses are parties is in validly married
separated in fact for at least 1 year and the good faith, the to another,
possibility for reconciliation is highly share of the his/her share
improbable. party in bad in the co-
faith in the co- ownership
 The spouses contribute to the family ownership shall accrue to
expenses proportionately with their income and shall be the absolute
the value of their properties. However, the forfeited: community or
liability of the spouses to the creditors for family a. in favor of conjugal
expenses is solidary. their common partnership
children; or existing in
PROPERTY REGIME OF UNIONS WITHOUT b. in default of such valid
MARRIAGE or in case of marriage.
Art. 147 Art. 148 waiver by any If the party
Applicability 1. Without 1. With legal or all of the who acted in
legal impediment to common bad faith is
impediment to marry children or not validly
marry 2. Adulterous their married to
2. Void relationships descendants, another or if
marriages due 3. Bigamous in favor of the both parties
to absence of or innocent are in bad
formal polygamous party. faith, such
requisite marriages share shall be
4. Incestuous forfeited in the
void manner
marriages provided in
under Art. 37 the last
5. Void paragraph of
marriages by Art. 147.
reason of
public policy FAMILY HOME
under Art. 38 GENERAL RULE: The family home is exempt
Salaries & Owned in Separately from execution, forced sale or attachment.
Wages equal shares owned by the EXCEPTIONS: (PLMN)
parties 1. debts incurred prior to constitution
Property Belongs to Belongs to 2. debts due to laborers, mechanics,
Acquired such party such party architects, builders, material men and
Exclusively provided there others who have rendered service or
by Either is proof that furnished materials for the construction
Party he/she of the building
acquired it by 3. debts secured by mortgages
exclusive 4. non-payment of taxes
funds  Guidelines:
Property Governed by Owned by 1. deemed constituted from time of actual
Acquired by the rules on them in occupation as a family residence
Both Parties co-ownership common in 2. must be owned by person constituting it
proportion to 3. must be permanent
their 4. rule applies to valid and voidable and
respective even to common-law spouses under Arts.147
contributions and 148
Presumption Presumption No
(prima facie) of joint presumption

ATTY.EDUARD DORSEY R. CARATAO

INTRODUCTION TO LAW and FAMILY CODE
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5. continues despite death of one or more

spouses or unmarried head of the family for 10 B. Prescriptive periods
years, or as long as a minor beneficiary lives 1. one year, from knowledge of birth or
6. can constitute one (1) family home only recording in the civil register, if husband or
heirs lives in the same city/municipality
PATERNITY AND FILIATION 2. two years, if resides in the Phils.
3. three years, if abroad
Rule on Children Conceived as a Result of
Artificial Insemination C. Parties
 Status is legitimate child, provided both GENERAL RULE: Only the husband may
husband and wife authorized or ratified the impugn
insemination in a written instrument which they EXCEPTION: The heirs, if the husband dies
executed and signed before the birth of the child before the end of the prescription of the action,
or after filing complaint, or child was born after
Legitimate Children death
GENERAL RULE: Only those who are
conceived or born during a valid marriage  The question of legitimacy cannot be
EXCEPTIONS: (AVC-CAAL) collaterally attacked, it can be impugned only in
1. Those children who are a direct action.
2. Conceived as a result of artificial
insemination Rule on the Status of Children born after 300
3. Born of a voidable marriage before days following Termination of Marriage
decree of annulment A. Requisites (TS-WBN)
4. Conceived or born before judgment of 1. first marriage terminated
annulment or absolute nullity under Art. 36 2. mother contracted subsequent marriage
has become final & executory 3. subsequent marriage was contracted
5. Conceived or born of subsequent within 300 days after termination of previous
marriage under Art. 53 marriage
6. Of mothers who may have declared 4. child was born
against its legitimacy or was sentenced as 5. no evidence as to status of child
an adultress
7. Legally adopted B. Rules as to whom the child belongs
8. Legitimated, conceived and born 1. to first marriage, if child was born before
outside of wedlock of parents without the lapse of 180 days after celebration of 2 nd
impediment at the time of conception and marriage provided born within 300 days after
had subsequently married termination of the 1st marriage
2. to second marriage, if child was born
Illegitimate Children after 180 days following celebration of 2nd
GENERAL RULE: Those conceived and born marriage whether born within 300 days after
outside a valid marriage are illegitimate. termination of 1st marriage or afterwards
EXCEPTIONS: Children who are:
1. born of marriages which are void ab Rights of the Children
initio such as bigamous and incestuous LEGITIMATE ILLEGITIMATE
marriages and marriage was declared void Use of father & Use of mother’s
for being contrary to law and public policy mother’s surname surname only
2. of voidable marriages born after the Receive support from Receive support
decree of annulment parents according to FC
Entitled to the legitime Legitime is ½ of the
Rules on Impugning Legitimacy & other successional legitime of a legitimate
A. Grounds (PBA) rights child
1. physical impossibility of the husband to
have sexual intercourse with his wife within the LEGITIMATION
1st 120 days of the 300 days immediately  Requisites: (NIM)
preceding the child’s birth, due to: 1. The child is illegitimate
a. physical incapacity of the 2. The parents at the time of the child’s
husband; conception are not disqualified from marrying
b. husband and the wife were each other
living separately; or 3. There is a valid marriage subsequent to
c. serious illness of the husband the child’s birth
which absolutely prevented
sexual intercourse; ADOPTION
2. biological or scientific proof that the
child could not have been that of the husband; A. Domestic Adoption Act of 1998 (R.A. NO.
and 8552)
3. written authorization or ratification of
either parent for artificial insemination was Who may adopt:
obtained through mistake, fraud, violence, 1. Filipino Citizen:
intimidation or undue influence. a. of legal age

ATTY.EDUARD DORSEY R. CARATAO

INTRODUCTION TO LAW and FAMILY CODE
A.Y. 2021-2022 SECOND SEMESTER
b. in a position to support and care for
his/her children in keeping with the
means of the family
c. good moral character
d. in possession of full civil capacity or
legal rights
e. at least 16 years older than the
adoptee, except when:
i. adopter is the biological parent of
the adoptee
ii. adopter is the spouse of the
adoptee’s parent
f. has not been convicted of any crime
involving moral turpitude
g. emotionally and psychologically
capable of caring for children
2. Alien:
a. same qualifications as a Filipino
b. country has diplomatic relations with
the Phil.
c. has been living in the Phil. for at least
three (3) continuous years prior to the
application for adoption and maintains
such residence until the adoption
decree is entered, except when
i. former Filipino citizen who
seeks to adopt a relative within the
4th degree of consanguinity or
affinity
ii. one who seeks to adopt the
legitimate or illegitimate child of
his/her Filipino spouse
iii. one who is married to a Filipino
citizen and seeks to adopt jointly
with his/her spouse a relative within
the 4th degree of consanguinity or
affinity of the Filipino spouse
d. certified to have legal capacity to adopt
by his/her diplomatic or consular office
e. certified by said office that his
government allows the adoptee to
enter his/her country as his/her
adopted child
3. Guardian – with respect to the ward after
termination of the guardianship and
clearance of his/her financial accountabilities
Rule on Adoption by Spouses
GENERAL RULE: The husband and the wife
shall JOINTLY adopt.
EXCEPTIONS:
1. one spouse seeks to adopt the legitimate
child of the other
2. one spouse seeks to adopt his/her own
illegitimate child
3. the spouses are legally separated
Who may be adopted:
1. any person below 18 years of age who has
been voluntarily committed to the DSWD
under P.D. 603 or judicially declared
available for adoption
2. legitimate stepchild
3. illegitimate stepchild
ATTY.EDUARD DORSEY R. CARATAO
4. qualified adult, who, prior to the adoption,
has been consistently considered by the
adopter as his/her own child since minority;
5. child whose adoption has been previously
rescinded
6. child whose biological or adoptive parents
have died, provided that no proceedings
shall be initiated within 6 months from the
time of death of said parents
Effects of Adoption: (SAL)
1. Severance of legal ties between the
biological parents and the adoptee and the
same shall be vested in the adopters.
EXCEPTION: if the biological parent is
the spouse of the adopter
2. Adoptee shall be considered as a legitimate
child of the adopter(s) for all intents and
purposes.
3. In legal or intestate succession, the
adoptee and the adopter(s) shall have
reciprocal rights of succession without
distinction from legitimate filiation. However, if
there is a will, the rules on testamentary
succession shall be followed.
Rescission of Adoption
 Grounds: (ASAR)
1. attempt on the life of the adoptee
2. sexual assault or violence
3. abandonment and failure to comply with
parental obligations
4. repeated physical or verbal
maltreatment by the adopter
Note: The adopter can NOT rescind the decree
of the adoption but he or she may disinherit the
adoptee.
 Effects:
1. Parental authority of adoptee’s
biological parents or legal custody of DSWD
shall be restored if adoptee is still a minor or
incapacitated.
2. Reciprocal rights and obligations of the
adopter(s) and the adoptee to each other shall
be extinguished.
3. The amended certificate of birth of the
adoptee shall be cancelled and its original
shall be restored.
4. Succession rights shall revert to its
status prior to the adoption, but vested rights
shall not be affected.
B. Inter-Country Adoption Act of 1995 (R.A.
No. 8043)
Inter-Country Adoption
 The socio-legal process of adopting a Filipino
child by a foreigner or a Filipino citizen
permanently residing abroad where the petition
is filed, the supervised trial custody is
undertaken, and the decree of adoption is
issued outside the Philippines.
Who may be adopted:
1. Only a “legally-free child” may be the subject
of inter-country adoption
INTRODUCTION TO LAW and FAMILY CODE
A.Y. 2021-2022 SECOND SEMESTER

 “Legally-free Child” - a child who has
been voluntarily or involuntarily committed
to the DSWD of the Philippines, in
accordance with the Child Youth and
Welfare Code.
2. No child shall be matched to a foreign
adoptive family unless it is satisfactorily shown
that the child cannot be adopted locally.
Who may adopt:
 Any alien or Filipino citizen permanently
residing abroad may file an application for inter-
country adoption of a Filipino child if he/she:
1. is at least 27 years of age and at least 16
years older than the child to be adopted, at
the time of the application unless the
adopter is the parent by nature of the child
to be adopted or the spouse of such parent
2. if married, his/her spouse must jointly file
for the adoption
3. has the capacity to act and assume all
rights and responsibilities of parental
authority under his national laws, and has
undergone the appropriate counselling from
an accredited counsellor in his/her country
4. has not been convicted of a crime involving
moral turpitude
5. is eligible to adopt under his/her national
law
6. is in a position to providethe proper care
and support and to give the necessary
moral values and example to all his
children, including the child to be adopted
7. agrees to uphold the basic rights of the
child as embodied under Philippine laws,
the U.N. Convention on the Rights of a
Child, and to abide by the rules and
regulations issued to implement the Inter-
Country Adoption Act
8. comes from a country with whom the
Philippines has diplomatic relations and
whose government maintains a similarly
authorized and accredited agency and that
adoption is allowed under his/her national
laws
9. possesses all the qualifications and none of
the disqualifications under the Inter-Country
Adoption Act and other applicable
Philippine laws
Inter-Country Adoption Board
 acts as the central authority in matters
relating to inter-country adoption.
 The Board shall ensure that all possibilities
for the adoption of the child under the Family
Code have been exhausted and that inter-
country adoption is in the best interest of the
child.
Trial Custody: 6 months from the time of
placement
1. starts upon actual physical transfer of
the child to the applicant who, as actual
custodian, shall exercise substitute parental
authority over the person of the child.
2. the adopting parent(s) shall submit to
the governmental agency or authorized and
accredited agency, which shall in turn transmit
a copy to the Board, a progress report of the
child’s adjustment.
 If the pre-adoptive relationship is found
unsatisfactory by the child or the applicant or
both, or if the foreign adoption agency finds that
the continued placement of the child is not in the
child’s best interest, said relationship shall be
suspended by the Board and the foreign
adoption agency shall arrange for the child’s
temporary care.
 If a satisfactory pre-adoptive relationship is
formed between the applicant and the child, the
Board shall submit the written consent to the
adoption to the foreign adoption agency within
30 days after receipt of the latter’s request.
 A copy of the final decree of adoption of the
child, including certificate of
citizenship/naturalization whenever applicable,
shall be transmitted by the foreign adoption
agency to the Board within 1 month after its
issuance.
SUPPORT
 everything indispensable for sustenance,
dwelling, clothing, medical attendance,
education and transportation in keeping with the
financial capacity of the family
 Kinds: (LJC)
1. Legal – that which is required or given
by law
2. Judicial – required by the court to be
given whether pendente lite or in a final
judgment
3. Conventional – given by agreement
 Characteristics: (PIN-ERV)
1. Personal
2. Intransmissible
3. Not subject to waiver or compensation
4. Exempt from attachment or execution
5. Reciprocal on the part of those who are
by law bound to support each other
6. Variable
Persons obliged to support each other:
1. spouses
2. legitimate ascendants and descendants
3. parents and their legitimate children and
the legitimate and illegitimate children of the
latter
4. parents and their illegitimate children
and the legitimate and illegitimate children of
the latter
5. legitimate brothers and sisters whether
full or half-blood
 Support shall be in proportion to the
resources or means of the giver and to the
necessities of the recipient.
Order of liability if several persons are
obliged to give support:
1. spouse
2. descendants in the nearest degree
3. ascendants in the nearest degree
4. brothers and sisters

ATTY.EDUARD DORSEY R. CARATAO

INTRODUCTION TO LAW and FAMILY CODE
A.Y. 2021-2022 SECOND SEMESTER

Kinds of Properties of a Minor

 When the obligation to give support falls upon ADVENTITIOUS PROFECTITIOUS
2 or more persons payment shall be divided 1. earned or acquired 1. property given by
between them in proportion to the resources of by the child through the parents to the child
each, but in case of urgent need and special his work or industry by for the latter to
circumstances, the court may order one of them onerous or gratuitous administer
to furnish the support provisionally subject to the title 2. owned by the
right to claim from the other obligors the share 2. owned by the child parents
due them 3. child is also the 3. parents are the
usufructuary, but the usufructuary
 When two or more recipients at the same time child’s use of the 4. property
claim for support and the obligor does not have property shall be administered by the
sufficient means to satisfy all claims: secondary to the child
a) the order of liability provided by law shall collective daily needs
be followed of the family
b) if the concurrent obligees should be the 4. property
spouse and child subject to parental administered by the
authority, the child shall be preferred parents

PARENTAL AUTHORITY (PA) Termination of PA

PERMANENT TEMPORARY
Rules as to the exercise of PA: 1. death of the parents 1. adoption of the child
1. The father and the mother shall JOINTLY 2. death of the child 2. appointment of a
exercise parental authority over the persons of 3. emancipation of the general guardian
their common children. In case of child 3. judicial declaration
disagreement, the father’s decision shall 4. subjected child to of abandonment
prevail UNLESS there is a judicial order to the sexual abuse 4. final judgment
contrary divesting the parents
2. If the child is illegitimate, parental authority of parental authority
is with the mother. 5. judicial declaration
of absence or inca-
Parental preference rule pacity of the parents
 the natural parents, who are of good exercising parental
character and who can reasonably provide for authority over the child
the child are ordinarily entitled to custody as
against all persons Grounds for suspension of PA
(CHOBAN)
Rule in case of legal separation of parents: 1. conviction of a crime with the
 parental authority is exercised by the parent penalty of civil interdiction
designated by the court. 2. harsh or cruel treatment against the
GENERAL RULE: No child under 7 years of child
age shall be separated from the mother. 3. orders, counsel and example which
EXCEPTION: When the court finds compelling are corrupting, given by the person exercising
reason to order otherwise. authority
 Paramount consideration in matters of 4. begging is compelled of the child
custody of a child is the welfare and well-being 5. acts of lasciviousness, allowed for the child
of the child. (Tonog vs. CA) to be subjected to, or himself subjects the child
to
Persons Exercising Substitute PA: 6. negligence, which is culpable, committed by
1. surviving grandparent the person exercising authority
2. oldest brother or sister over 21 years of
age unless unfit or disqualified ABSENCE
3. actual custodian unless unfit or
disqualified DECLARATION OF ABSENCE
WITHOUT WITH
Persons Exercising Special PA:
ADMINISTRATOR ADMINISTRATOR
1. school
2 years from the lapse 5 years from the lapse
2. administrators and teachers
of time without news of time without news
3. individual, entity or institution engaged
about the absentee or about the absentee or
in child care
since the receipt of the since the receipt of the
last news last news
 Parental authority and responsibility are
inalienable and may not be transferred and
renounced except in cases authorized by law. PRESUMPTION OF DEATH
ORDINARY EXTRAORDINARY/
 Parents may exercise parental authority over ABSENCE QUALIFIED
their child’s property ABSENCE
a. 7 YEARS, person For all purposes
presumed dead for all including those of
ATTY.EDUARD DORSEY R. CARATAO
INTRODUCTION TO LAW and FAMILY CODE
A.Y. 2021-2022 SECOND SEMESTER
purposes except for
those of opening
succession
b. 10 YEARS, person
presumed dead for
purposes of opening
succession except if
he disappeared after
the age of 75, in which
case, a period of 5
years is sufficient
c. 4 YEARS, person
presumed dead for
purposes of
remarriage of the
spouse present
ATTY.EDUARD DORSEY R. CARATAO
opening succession, a
period of 4 YEARS,
and for purposes of
remarriage of the
spouse present, a
period of 2 YEARS, is
sufficient under the
following
circumstances:
a. person on board a
vessel lost during a
sea voyage or an
aeroplane which is
missing; period is
counted from the loss
of the vessel or
aeroplane
b. person in the armed
forces who has taken
part in war
c. person in danger of
death under other
circumstances and his
existence has not
been known