Professional Documents
Culture Documents
PFR Conjugal Reviewer
PFR Conjugal Reviewer
CLASS DISCUSSION (M) Art. 3. Ignorance of the law excuses no one from compliance therewith. (2)
Q: What is a newspaper of general circulation? Are Abante, New Record, Guardian,
Nueva Era, or Bulgar a newspaper of general circulation? Reason
A: Yes, these are considered of general circulation. • Ignorantia legis non excusat
Q: What are the requisites for a newspaper to be considered one of general circulation? • Once a law is published, the public is given constructive notice of the law’s
A: SC has held that the requisites are: existence & effectivity, whether or not they actually know what it says
(1) Regular release
• Applies only to mandatory & prohibitory laws
(2) No specific audience or patronage
o Mandatory – obligatory laws (e.g. prescriptive periods)
(3) For the public
o Prohibitory – laws that specifically prohibit certain acts; those which have
(4) Not devoted to private interest
liabilities & penalties
1 When counting, the first day is excluded and the last day is included. The counting of days begins the day after the statute is
2 Tañada, et al. v. Tuvera, et al.
Nationality Rule Art. 17. The forms & solemnities of contracts, wills, & other public instruments shall be
• Regardless of where a Philippine citizen may be, he will be governed by Philippine governed by the laws of the country in which they are executed.
laws with respect to – When the acts referred to are executed before the diplomatic or consular officials of the
1. Family rights & duties Republic of the Philippines in a foreign country, the solemnities established by Philippine
2. Status laws shall be observed in their execution.
3. Condition Prohibitive laws concerning persons, their acts or property, & those which have for their
Art. 18. In matters which are governed by the Code of Commerce & special laws, their Art. 20. Every person who, contrary to law, willfully or negligently causes damage to
deficiency shall be supplied by the provisions of this Code. (16a) another, shall indemnify the latter for the same.
Suppletory Nature Art. 21. Any person who willfully causes loss or injury to another in manner that is
• Deficiencies in the Code of Commerce & special laws are supplied by the Civil Code contrary to morals, good customs or public policy shall compensate the latter for the
damage.
CASE: Insular v. Sun Life
The rules on contracts under the Civil Code apply when there is no applicable provision Abuse of Right Doctrine
in the Insurance Act. • Art. 19, 20, & 21 deal with the “abuse of right” doctrine
Facts: The Insurance Act is silent on when a contract of life annuity is perfected. The Civil o Art. 19 – provides a rule of conduct consistent with an orderly & harmonious
Code’s provisions on the perfection of contracts, however, that offer & acceptance must relationship between & among men & women; it condifies justice & fair play
concur in a perfected contract. The Civil Code further states that there is only an § Given Art. 19, a right, though by itself legal, may nevertheless
acceptance from the date such acceptance comes to the knowledge of the offerer. becomes the source of illegality
Held: SC applied the provisions on the perfection of contracts in the Civil Code to § Ex. A debtor can be liable under Art. 19 for disposing of its property –
supplement the deficiencies in the Insurance Act, & thus held that there was no a perfectly legal act – in order to escape the reach of a creditor
Art. 22. Every person who through an act of performance by another, or any other CASE: De Lima v. Laguna
means, acquires or comes into possession of something at the expense of the latter Facts: The pauper litigants were the aggrieved parties in a collision case. They appealed
without just or legal ground, shall return the same to him. the decision of the lower court to the Court of Appeals on some points of law not on the
question of interest that should be awarded to them. Before SC, they pointed out new
Unjust Enrichment matters which they did not point out before the Court of Appeals, which is generally not
• No person can unduly profit on something which does not meritoriously belong to allowed by remedial law.
him or her Held: SC adopted a liberal stance. It took into consideration the fact that, at the Court of
Appeals stage, the pauper litigants – heirs of the victim in the traffic accident – did not
CASE: Obana v. CA appeal because they hoped that the transportation company would pay the damages
No one shall unjustly enrich himself at the expense of another by holding on to property awarded by the lower court; yet the company instead appealed to the Court of Appeals,
no longer belonging to him. delaying the case which had already been running for 30 years. SC took this as a dilatory
Facts: Buyer 1 bought 170 cavans of palay from the seller. Though Buyer 1 had yet to tactic on the part of the transportation company.
fully pay, he sold & delivered the palay to Buyer 2. Buyer 2 later learned that the palay
was only partially paid for, & Buyer 2 was reimbursed by Buyer 1 for the difference. But CASE: Sps. Domingo v. Astorga
Buyer 2 never delivered the palay back to the seller. Facts: One of the parties claimed to be disadvantaged by a contract. Yet the parties
Held: Having been repaid the purchased price by Buyer 1, the sale, as between Buyer 1 executed the contract, implemented it for a lengthy period of time, & benefited from the
& 2, had been voluntarily rescinded, hence divesting Buyer 2 of any claim to the rice. contract. There were also no ambiguous provisions in the contract.
Buyer 2 should thus return the rice to the seller. Held: The party is not disadvantaged, since it was proven that the parties undertook
lengthy negotiations before the contract was finalized. Also, the party was good in
CASE: Pacific Merchandising Co. v. Consolacion Insurance & Surety Co. business.
Facts: The receiver of certain properties, without approval of the court which appointed
him as receiver, entered into an indemnity agreement whereby he bound himself as Art. 25. Thoughtless extravagance in expenses for pleasure or display during a period of
principal to the obligations of the corporation under receivership. A creditor then sought acute public want or emergency may be stopped by order of the courts at the instance of
payment of construction materials & improvements made on a theater owned by the any government or private charitable institution.
corporation under receivership. But the received refused to pay, on the ground that in
another court case the theater was adjudicated to belong to the receiver, not the Extravagance During Emergency
corporation under receivership. • Note that the law explicitly provides which entities have legal standing to seek an
Held: The owner-receiver must reimburse the creditor for the cost of improvements, as injunction: any government or private charitable institution
he benefited from it. Where one has rendered services to another, & these services are
accepted by the latter, in the absence of proof that the service was done gratuitously, it CLASS DISCUSSION (M)
is but just that he should pay a reasonable remuneration therefor. Q: Mt. Pinatubo exploded. I wanted to throw a party anyway. My heavily affected
neighbors wanted to sue me for being too extravagant in time of calamity. Can my
CASE: Republic v. Ballocanog neighbors stop me?
Facts: A person, in good faith, invested money to develop & grow fruit-bearing trees on A: NO. Only a government or private charitable institution can stop me.
land. Later, it was discovered that the land was actually property of the State.
Held: SC recognized that the land as State property, but ordered the State to pay the Art. 26. Every person shall respect the dignity, personality, privacy, & peace of mind of
person the value of the actual improvements made. his neighbors and other persons. The following and similar acts, though they may not
constitute a criminal offense, shall produce a cause of action for damages, prevention
Art. 23. Even when an act or event causing damage to another's property was not due to and other relief:
the fault or negligence of the defendant, the latter shall be liable for indemnity if through (1) Prying into the privacy of another's residence;
CASE: RCPI v. Verchez Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor
Facts: A family in Sorsogon sent a telegram to a family member in Manila, seeking through the use of force, intimidation, deceit, machination or any other unjust,
money for their ailing mother. The telegram company was negligent in failing to send the oppressive or highhanded method shall give rise to a right of action by the person who
telegram & not immediately informing the family of the delay. There was a filial thereby suffers damage.
disturbance which resulted from this failure, with the siblings blaming one another for
failing to respond to the emergency of their mother. Art. 29. When the accused in a criminal prosecution is acquitted on the ground that his
Held: SC awarded damages based on Art. 26 (2) – the disturbance of the peace of mind guilt has not been proved beyond reasonable doubt, a civil action for damages for the
of the family. same act or omission may be instituted. Such action requires only a preponderance of
evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond
CASE: Hing v. Choachuy to answer for damages in case the complaint should be found to be malicious.
Facts: A neighbor installed video surveillance cameras directed on a neighboring If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court
business office without the consent of the latter’s owner. shall so declare. In the absence of any declaration to that effect, it may be inferred from
Held: This is a violation of the right to privacy under Art. 26 (1). The owner had the right the text of the decision whether or not the acquittal is due to that ground.
to exclude the public or deny them access.
Proof Beyond Reasonable Doubt
CLASS DISCUSSION (M) • Amount of proof which forms an abiding moral certainty that the accused
Q: A went to the red light district, paid a prostitute, & was caught having sex with the committed the crime charged
prostitute by the husband’s wife. Can the wife file a case invoking Art. 26 (2) in the Civil • Not absolute certainty, but still more exacting than what is needed in a civil case
Code, against the prostitute?
A: NO. Because the prostitute did not meddle or disturb. The prostitute was the Preponderance of Evidence
PURSUED, rather than the pursuer. • As a whole, the evidence adduced by one side outweighs that of the adverse party
Q: What is the recourse of the wife? • This is the amount of proof needed in civil cases
A: It can still fall under Art. 20, given that prostitution is vagrancy under the RPC.
• If the guilt of the accused is not proven beyond reasonable doubt, he may still be
made civilly liable since only preponderance of evidence is needed
Art. 27. Any person suffering material or moral loss because a public servant or
employee refuses or neglects, without just cause, to perform his official duty may file an
CASE: Mendoza v. Alcala
action for damages & other relief against the latter, without prejudice to any disciplinary
Facts: The accused was acquitted of estafa. But the decision acquitting him did not state
administrative action that may be taken.
that the fact from which the civil action might arise did not exist. It also did not state that
the acquittal of the defendant was based on reasonable doubt.
Relief Against Public Officials Held: The acquittal of the defendant in the criminal case was predicated on the
• A public official is supposed to be an agent or at least a representation of conclusion that his guilt of the crime charged has not been proved beyond reasonable
government doubt. Hence, it does not preclude a suit to enforce the civil liability from the same
• The law exerts on said officials a duty to be very vigilant & just so that the public is transaction which was the subject matter of the criminal action.
ensured that the government is truly effective in serving their needs • “Any liability that is owed is civil in character” shows that a civil case can still be
• A public officer who commits a tort or other wrongful act done in excess of beyond pursued
the scope of his duty, is not protected by his office, & is personally liable to affected • It was previously held that a statement that “the guilt of the defendant has not
private individuals been satisfactorily established” is considered based on reasonable doubt.
• Examples:
o The president of a state college, in bad faith & despite the decision & Art. 30. When a separate civil action is brought to demand civil liability arising from a
directives of the Office of the Bureau of Public Schools, refused to graduate a criminal offense, & no criminal proceedings are instituted during the pendency of the
student with honors, even if the student honestly deserved them. The student civil case, a preponderance of evidence shall likewise be sufficient to prove the act
was awarded damages. complained of.
o A register of deeds assists in the fraudulent procurement of a certificate of
title in violation of the Land Registration Act, damages may be awarded under Civil Obligation Arising from a Criminal Offense
Art. 27.
Mistake in identity was an instance of Mistake in identity makes a marriage void Art. 6. No prescribed form or religious rite for the solemnization of the marriage is
fraud that made the marriage annullable ab initio (Art. 35) required. It shall be necessary, however, for the contracting parties to appear personally
before the solemnizing officer & declare in the presence of not less than 2 witnesses of
legal age that they take each other as husband & wife. This declaration shall be
Default property regime is the conjugal Default property regime is absolute contained in the marriage certificate which shall be signed by the contracting parties &
property of gains community of property their witnesses & attested by the solemnizing officer.
In case of a marriage in articulo mortis, when the party at the point of death is unable to
sign the marriage certificate, it shall be sufficient for one of the witnesses to the
marriage to write the name of said party, which fact shall be attested by the solemnizing
officer.
CASE: Gomez v. Lipana
Validity of a marriage is governed by the laws effective at the time of the celebration of Legal Capacity
the marriage • Refers to age; both parties must be 18 years old & above
Facts: The SC was confronted with the issue of whether or not a 2nd marriage is void and • If any party is below 18, the marriage is void even if the parents of the underage
could be the subject of a collateral attack. party consented
• Incestuous marriages (Art. 37) & marriages against public policy (Art. 38) are also
not allowed
Art. 14. In case either or both of the contracting parties, not having been emancipated Q: What if father disagrees to the marriage, but the mother agrees? Can the local civil
by a previous marriage, are between the ages of 18 & 21, they shall, in addition to the registrar suspend the license?
requirements in the preceding articles, exhibit to the local civil registrar, the consent to A: No. The local civil registrar cannot withhold the license even if it is defective, unless he
their marriage of their father, mother, surviving parent or guardian, or persons having goes to court & gets an injunction through the court; OR if the applicant is a foreigner
legal charge of them in the order mentioned. Such consent shall be manifested in with no documents from the embassy.
writing by the interested party who personally appears before the proper local civil
registrar, or in the form of an affidavit made in the presence of 2 witnesses & attested Q: X is a local civil registrar who one day forgot to bring his glasses to work. A couple
before any official authorized by law to administer oaths. The personal manifestation came before him without birth or baptismal certificates, but through his blurred eyes they
shall be recorded in both applications for marriage license, & the affidavit, if one is looked about 50. He approved their license without recording defects. It turns out, both
executed instead, shall be attached to said application. of the contracting parties were actually just 20 years old, but they already got married
after the registrar issued their license. Is their marriage valid?
No Emancipation by Marriage A: Yes, the marriage is valid, as they are both within the age of legal capacity.
• There is no more emancipation by marriage under the Family Code; emancipation
is attained if the child reaches the age of 18 year as of R.A. 6809 (Dec. 13, 1989). Art. 15. Any contracting party between the ages of 21 & 25 shall be obliged to ask their
• Previously, age of majority was 21 years old parents or guardian for advice upon the intended marriage. If they do not obtain such
• Marrying age & age of majority is now 18 years old advice, of it be unfavorable, the marriage license shall not be issued until after 3 months
• “Not having been emancipated by previous marriage” is now repealed following the completion of the publication of the application therefor. A sworn statement
by the contracting parties to the effect that such advice has been sought, together with
Parental Consent the written advice given, if any, shall be attached to the application for marriage license.
• This is needed when one of the contracting parties is at least 18 years old but Should the parents or guardian refuse to give any advice, the fact shall be stated in the
above & below 21 years of age; in this case, consent of the persons having legal sworn statement.
charge of them will be necessary, in the following order:
o Father Art. 16. In cases where parental consent or parental advice is needed, the party or
o Mother parties concerned shall, in addition to the preceding articles, attach a certificate issued
o Surviving parent by a priest, imam or minister, authorized to solemnize marriage under Art. 7 of this Code
o Guardian or persons having legal charge of them or a marriage counselor duly accredited by the proper government agency to the effect
• Non-compliance with the parental consent makes a marriage valid until it is that the contracting parties have undergone marriage counseling. Failure to attach said
annulled (Art. 45, FC) certificate of marriage counseling shall suspend the issuance of the marriage license for
a period of 3 months from the completion of the publication of the application. Issuance
of the marriage license within the prohibited period shall subject the issuing officer to
20This implies that, if the vessel is found, but the spouse is not in the vessel, the period is once again reset because the ship has
been found. 21 Similar to a marriage contracted after the death of the 1st spouse.
24In case of insanity, if the sane spouse knew that his or her spouse has already been insane previous to the marriage, such sane
spouse cannot file the suit for annulment as he or she is already estopped.
Art. 56. The petition for legal separation shall be denied on any of the following grounds: Recrimination or Equal Guilt
1) Where the aggrieved party has condoned the offense or act complained of; • Doctrine of Clean Hands
2) Where the aggrieved party consented to the commission of the offense or act • Pari delicto – when 2 parties have acted in bad faith, it is considered as them
complained of; having acted in good faith
3) Where there is connivance between the parties in the commission of an • CASE: Ong v. Ong – A husband beats his wife up & wants the dismissal of the
offense or act constituting the ground for legal separation; legal separation case that she filed; he claimed that it was she who
4) Where both parties have given ground for legal separation; abandoned him. SC ruled that his abuse was a justified cause for her
5) Where there is collusion between the parties to obtain the decree of legal abandonment; thus, the legal separation is possible because no equal guilt
separation; or was involved.
6) Where the action is barred by prescription.
Collusion
Art. 57. An action for legal separation shall be filed within 5 years from the time of the • Collusion is a corrupt agreement
occurrence of the cause. o An agreement between H & W looking to procure LS
§ Agreement for one of them to commit, or appear to commit
Condonation an act that will lead to LS
• Act of forgiving the offense after its commission § Agreement to suppress or fabricate evidence
o Implies condition of future good behavior § May be express or implied
• Subsequent offense of spouse nullifies the condonation & revives the initial • In collusion, the existence of grounds for LS are fabricated
offense • While collusion is a corrupt agreement, connivance is a corrupt consenting
o Condonation of adultery obtained by a false pretense of repentance • CASE: Ocampo v. Florenciano – There could not have been collusion, even if
may cause the revival of the original offense, although there is only a the wife admitted she “liked also” to get the LS, because she confessed to
presumption, & no real proof, of the adultery adultery to the fiscal, which could have gotten her imprisoned.
• CASE: Ocampo v. Florenciano – Failure of the husband to actively look for o Collusion cannot be inferred from the mere fact that the guilty party
adulterous wife after she left the conjugal home is not condonation confesses to the offense & thus enables the other party to procure
• CASE: Almacen v. Baltazar – Act of giving money to erring wife & the fact that evidence necessary to prove it.
no action was taken against her are sufficient to establish condonation
o May be express or implied & requires no sex Prescription
• Must be filed within 5 years from THE OCCURRENCE OF THE CAUSE
Consent o NOT discovery
• When either of the spouses agreed to or did not object, despite full knowledge, o Ex. If husband discovers wife had sex 6 years ago with another man,
to the act giving rise to the ground for legal separation he can no longer file
• Agreement to live separately & that they will not object to the other’s sexual • Civil Code – prescriptive period is 1 year from the discovery of the cause, but
infidelity has been declared void but, though void, is an expression of consent not later than 5 years from the occurrence of the cause
Art. 64. After the finality of the decree of legal separation, the innocent spouse may Art. 67. The agreement to revive the former property regime referred to in the preceding
revoke the donations made by him or by her in favor of the offending spouse, as well as article shall be executed under oath & shall specify:
the designation of the latter as a beneficiary in any insurance policy, even if such 1) The properties contributed anew to the restored regime;
designation be stipulated as irrevocable. The revocation of the donations shall be 2) Those to be retained as separate properties of each spouse; &
recorded in the registries of property in the places where the properties are located. 3) The names of all their known creditors, their addresses, & the amounts owing to
Alienations, liens, & encumbrances registered in good faith before the recording of the each.
complaint for revocation in the registries of property shall be respected. The revocation The agreement of revival & the motion for its approval shall be filed within the court in
of or change in the designation of the insurance beneficiary shall take effect upon the same proceeding for legal separation, with copies of both furnished to the creditors
written notification thereof to the insured. named therein. After due hearing, the court shall, in its order, take measures to protect
The action to revoke the donation under this Article must be brought within 5 years from the interests of creditors & such order shall be recorded in the proper registries of
the time the decree of legal separation has become final. property.
The recording of the order in the registries of property shall not prejudice any creditor not
Donations & Beneficiary in Insurance listed or notified, unless the debtor-spouse has sufficient separate properties to satisfy
• Donations are acts of gratuity & liberality, so the innocent party has the option the creditor’s claim.
to revoke the donation or designation
Effect of Reconciliation
• Designation of the guilty spouse as beneficiary – considered revoked after
written notification thereof to the insured • Couple will file a Joint Manifestation of Reconciliation in court
o Pending LS will be terminated
Art. 70. The spouses are jointly responsible for the support of the family. The expenses Legitimate Profession
for such support & other conjugal obligations shall be paid from the community property • The spouses need no prior consent of the other to engage in any legitimate
&, in the absence thereof, from the income or fruits of their separate properties. profession, occupation, business or activity.
• The husband violates R.A. 9262 (VAWC Law) when he compels his wife to desist
Art. 71. The management of the household shall be the right & duty of both spouses. The from pursuing a profession, or otherwise controlling or restricting her movement,
expenses for such management shall be paid in accordance with the provisions of Art. and can be punished by law
70. • Generally, the spouse’s exercise of a legitimate profession, occupation, business or
activity is considered to have redounded to the benefit of the family, making the
Art. 72. When one of the spouses neglects his or her duties to the conjugal union or conjugal partnership or absolute community liable
commits acts which tend to bring danger, dishonor & injury to the other or to the family, • BUT when a spouse makes an isolated transaction, such as being a guarantor for a
the aggrieved party may apply to the court for relief. 3rd person’s debt, it is not considered to redound to the benefit of the family, &
does not hold community property liable
Expenses for Support & Household Management o UNLESS proofs exist which show the direct benefit accrued by the family
Art. 79. For the validity of any marriage settlement executed by a person upon whom a Art. 81. Everything stipulated in the settlements or contracts referred to in the preceding
Legal Separation Art. 87. Every donation or grant of gratuitous advantage, direct or indirect, between the
• The donor-spouse has the option to revoke spouses during the marriage shall be void, except moderate gifts which the spouses may
• Prescription: 5 years from the judicial declaration of LS (decree is necessary) give to each other on the occasion of any family rejoicing. The prohibition shall also apply
to persons living together as husband & wife without a valid marriage.
• If the ground is sexual infidelity or concubinage, a donation made between
persons who are guilty of adultery or concubinage at the time of the donation
Reasons
shall be void
• Undue & improper pressure & influence
Resolutory Condition • The provision also applies to a man who lives with a woman not his wife, but in
• If the donation PN is one with a resolutory condition & the condition is complied this case, for the donation to fall under Art. 87, it must be shown that the
with, the donation may or may not be revoked donation was made AT A TIME WHEN THEY WERE STILL LIVING TOGETHER as
husband & wife without the benefit of marriage
• Resolutory condition – the happening of a future & uncertain event operates to
extinguish the right or the obligation • CASE: Agapay v. Palang – A transfer is also invalid if it is obvious that there was
o Ex. X’s father donates a car to him, but says the donation will be connivance to make the transfer appear like a sale when it was actually a
revoked if X & his wife leave Philippines. If X & wife leave, hence donation.
fulfilling the resolutory condition, X’s father may choose to revoke the • Indirect donations are also not allowed; thus, the Art. 87 also prohibits the
donation. following donations of a spouse:
• Prescriptive period if the donation is made by a third party: 5 years from 1) To a stepchild who has no compulsory heir &/or legal heirs, such as his or
happening of resolutory condition her children, other than the other spouse at the time of the donation;
• Prescriptive period if the donation is made by one spouse to the other: Not 2) To a stepchild who has no compulsory heir &/or legal heirs, such as his or
subject to prescription her children, other than the other spouse at the time of the donation;
3) To a common adopted child who has no other compulsory heir/s;
o Art. 1109, CC: Prescription does not run between husband & wife,
even though there be a separation of property agreed upon in the 4) To the parents of the other spouse;
5) To the other spouse’s adopted child who has no compulsory heirs or in
marriage settlement
cases when at the time of the donation, the only surviving relative of the
adopted is the other child
Acts of Ingratitude
• Art. 765 of CC: • Anytime the donation may redound back to the spouse, it is considered an
1) If the donee should commit some offense against the person, honor or indirect donation
o VALIDITY OF A DONATION is determined AT THE TIME IT WAS GIVEN
property of donor, or his wife, children under his parental authority (kids
under 18) § Ex. If the donation to a stepchild was given when the
stepchild had no children, but then later the stepchild has
2) If the donee imputes (libel30) to the donor any criminal offense, or any act
involving moral turpitude, even though it can be proven, unless the crime children already, the donation is still void
o EXCEPTION: Donation by both spouses in favor of their common
or act is committed against the donee himself, his wife or kids
3) If he unduly refuses him support when the donee is legally or morally legitimate children for the exclusive purpose of commencing or
completing a professional or vocational course or other activity of self-
bound to give support to the donor
o Scenario: Your ninang loses everything in a storm; she once donated improvement are valid; these are chargeable to the ACP or CPG
something to you. After she loses everything, she asks if she can
receive support from you. You say no. In this situation, your ninang Persons Who Can Challenge the Validity of Transfers
can revoke the donation she once gave to you. • CANNOT be challenged by those who had absolutely no relation to the parties
to the transfer at the time it occurred & had no rights or interests inchoate,
present, remote, or otherwise, in the property in question
Art. 89. No waiver of rights, interests, shares, & effects of the ACP during the marriage
can be made except in case of judicial separation of property.
31 NOT discussed by freshmen
When the waiver takes place upon a judicial separation of property, or after the marriage
Nature of Acquired Property Using Separate Properties Section 3. CHARGES UPON & OBLIGATIONS OF THE ABSOLUTE COMMUNITY
• Art. 109 (4), FC: one of the exclusive properties of the spouses in relation to the
CPG is that which is purchased with the exclusive money of the wife or husband Art. 94. The absolute community of property shall be liable for:
o This is not so for ACP; there is no provision on ACP regarding exclusive 1) The support of the spouses, their common children, & legitimate children of either
properties. Thus, it can be the assumed intention of the Code spouse; however, the support of illegitimate children shall be governed by the
Commission to make the husband & wife truly a single community provisions of this Code on Support;
2) All debts & obligations contracted during the marriage by the designated
• If a marriage settlement provides that the 1M won by the husband in the
administrator-spouse for the benefit of the community, or by both spouses, or by
sweepstake prior to the marriage shall remain separate during the marriage,
one spouse with the consent of the other;
the stipulation is valid.
3) Debts & obligations contracted by either spouses without the consent of the other
o If, using the said amount, the husband subsequently buys a house
to the extent that the family may have been benefited;
which is used as a family home, the house cannot be considered his
4) All taxes, liens, charges, & expenses, including major or minor repairs, upon the
separate property but a part of the ACP.
community property;
§ Reasons:
5) All taxes & expenses for mere preservation during marriage upon the separate
• The absence of a counterpart provision to Art. 109
property of either spouse used by the family;
(4) for ACP
6) Expenses to enable either spouse to commence or complete a professional or
• Art. 93, FC: Property acquired during the marriage vocational course, or other activity for self-improvement;
is presumed to belong to the community unless it 7) Antenuptial debts of either spouse insofar as they have redounded to the benefit
is provide that that it is one excluded therefrom. of the family;
• Art. 91, FC: Unless otherwise provided in this
chapter or in the marriage settlement, the
community property shall consist of all the 32 The book shares another point of view (to which the author does not agree) – An object bought using separate property, proceeds
properties owned by the spouses at the time of the obtained from the sale of separate property, or items received by way of exchange or barter of the separate properties excluded in
Art. 91 & 92 will not necessarily make said object part of the ACP. Otherwise, it would be easy to circumvent or negate the purpose of
celebration of the marriage or acquired thereafter stipulations in a settlement. This view does not seem to have any support in the Family Code itself.
Art. 103. Upon the termination of the marriage by death, the community property shall Nature of Interest of Heirs Prior to Liquidation
be liquidated in the same proceeding for the settlement of the estate of the deceased. • Art. 103 & 130 are similar (ACP & CPG); explanation here is valid for both
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the • While the spouses have an interest in the ACP/CPG, the spouses cannot claim
community property either judicially or extra-judicially within 1 year from the death of the any definite property at the time when the ACP/CPG is still in existence
deceased spouse. If upon the lapse of said period, no liquidation is made, any • Upon the death of one spouse, the right of the heirs vest
disposition or encumbrance involving the community property of the terminated o The right of succession of a person are transmitted from the moment
marriage shall be void. of death
Should the surviving spouse contract a subsequent marriage without compliance with o Thus, if the deceased is survived by a spouse & compulsory heirs (like
the foregoing requirements, a mandatory regime of complete separation of property shall the legitimate children), the ACP/CPG (which was dissolved by the
govern the property relations of the subsequent marriage. death of the spouse) evolves into a co-ownership between the
surviving spouse & the kids
Void Sales under Art. 103 o Example: If the surviving wife & three of her kids divide a property,
• A sale of community property is void automatically if: she gets ½ of the property & her kids get a share as well, so that:
1. It is sold without the liquidation of the community property after 1 year § Wife gets 5/8 = 1/2 + 1/8
following the death of one of the spouses § Children get 1/8 each
2. It is sold with liquidation of the community property, but while the o Each co-owner owns the whole, & over it he exercises rights of
liquidation process is not yet complete dominion, but at the same time he is the owner of just a share
§ Until the division is effected, such share cannot be
Liquidation Upon Death concretely determined
• Judicial partition (Sec. 2, Rule 73 of the Rules of Court): When a marriage is • As co-owner, the spouse or heirs can undertake any act of dominion over their
dissolved by the death of a spouse, the community property shall be interest, but not over a specific concrete property
inventoried, administered & liquidated, & the debts thereof paid, in the estate o Art. 493, CC: Each co-owner shall have the full ownership of his part &
or intestate proceedings of the deceased spouse the fruits & benefits pertaining thereto, & he may therefore alienate,
assign, or mortgage it, although the effect of the alienation or
40 Refers to the equal division of a benefit from an estate; in this case, split equally between the spouses (A)
Exempt from Execution Art. 154. The beneficiaries of a family home are:
• Exemption from execution, forced sale or attachment is provided by law 1) The husband & wife, or an unmarried person who is the head of a family; &
o Effective from the time the constitution of the family home as such 2) Their parents, ascendants, descendants, brothers & sisters, whether the
o Lasts so long as any of the beneficiaries actually resides therein relationship be legitimate or illegitimate, who are living in the family home & who
depend upon the head of the family for legal support.
CASE: Olivia de-Mesa v. Acero, Jr.
This case provides a summary of the rule for purposes of exemption from execution. Beneficiaries
PERIOD OF CONSTRUCTION CONSTITUTION AS FAMILY HOME TO BE EXEMPTED • Actual occupancy of beneficiaries constitutes a family home
FROM EXECUTION o Must have the consent of either the husband or wife
Family residences constructed before Must be constituted as family home either o Applies even if the owners do not actually reside therein
the effectivity of FC (i.e., before Aug. 3, judicially or extrajudicially • 3 Requisites for Beneficiaries:
1988) 1) Must be among the relationships listed in Art. 154
Family residences constructed after the Automatically deemed to be family homes 2) Must live in the family home
effectivity of FC & exempt from execution from the time it 3) Must be dependent for legal support upon the head of the family
was constituted, so long as any of its • CASE: Patricio v. Dario III – A grandson is not considered a beneficiary of a
beneficiaries actually resides therein family home owned by his grandfather even if he resides there, because he is
Not judicially or extrajudicially Family homes by operation of law & dependent on his father for support.
constituted as family home prior to the prospectively entitled to the benefits in the • The beneficiaries are the ones who will most likely be affected by the
effectivity of the FC, but were thereafter FC constitution of the family home & its disposition
existing
Increase in Value of Family Home Art. 160. When a creditor whose claim is not among those mentioned in Art. 155 obtains
• REMEMBER: The values in Art. 157 refer only to the value at the time of the a judgment in his favor, & he has reasonable grounds to believe that the family home is
constitution made after the effectivity of the FC actually worth more than the maximum amount fixed in Art. 157, he may apply to the
o If after the constitution, the value of the house increased due to court which rendered the judgment for an order directing the sale of the property under
improvements to an amount more than fixed by law at the time of the execution. The court shall so order if it finds that the actual value of the family home
constitution, the family home remains a family home exceeds the maximum amount allowed in Art. 157 & results from subsequent voluntary
improvements introduced by the person or persons constituting the family home, by the
Art. 158. The family home may be sold, alienated, donated, assigned or encumbered by owner or owners of the property, or by any of the beneficiaries, the same rule &
the owner or owners thereof with the written consent of the person constituting the procedure shall apply.
same, the latter’s spouse, and a majority of the beneficiaries of legal age. In case of At the execution sale, no bid below the value allowed for a family home shall be
conflict, the court shall decide. considered. The proceeds shall be applied 1st to the amount mentioned in Art. 157, &
then to the liabilities under the judgment & costs. The excess, if any, shall be delivered to
Disposition of Family Home the judgment debtor.
• Limitation to the right of disposition of the owners of a property where a family
home is situated Judgment Creditor
• Cannot be sold, alienated, encumbered, donated or assigned without the • Unlike in Art. 155, in Art. 160 there is a need for a court decision before a
written consent of the ff.: judgment creditor can avail of the privilege
1) Person constituting the same • Example: If a creditor obtains a judgment in his favor, directing the debtor to
2) The spouse of the person constituting the same pay him P500,000, & the debtor owns a family home which has a current
3) A majority of the beneficiaries of legal age actual value of P1,000,000, such judgment creditor can execute on said family
• Thus, for the family home to be leased, the written consent of all the people home.
mentioned must be obtained (a lease = an encumbrance) o Bidders cannot bid an amount below P300,000
o If the house is sold for P700,000 only, the sheriff gives the debtor the
Art. 159. The family home shall continue despite the death of one or both spouses or of amount of P300,000,then gives P400,000 to the creditor
the unmarried head of the family for a period of 10 years or for as long as there is a § Immunity of P300,000 supposedly allows debtor to build a
minor beneficiary, & the heirs cannot partition the same unless the court finds new family home
compelling reasons therefor. This rule shall apply regardless of whoever owns the • Judgment-claim & judgment creditor should not be among those in Art. 155
property or constituted the family home. o If the judgment creditors are laborers & the judgment amount of
P500,000 represents the amount due them, P700,000 will be first
Limitation After Death applied to them
• Even upon the death of the person who constituted the family home, such § P500,000 will be given to the Art. 155 creditors
family home shall continue as one for a period of 10 years, or longer, if there is § P200,000 goes to the judgment debtor
a minor beneficiary § If the house is sold for exactly P500,000, the creditor-
• Heirs cannot partition the same unless the court finds compelling reasons laborers get everything
• CASE: Arriola v. Arriola – Even if a house & lot passes to the heirs upon the
Art. 161. For purposes of availing of the benefits of a family home as provided for in this
death of their father, it cannot be immediately partitioned, at least not for 10
years, as it is a physical symbol of family love. In the case, the family patriarch Chapter, a person may constitute, or be the beneficiary of, only one family home.
CHAPTER 1: LEGITIMATE CHILDREN 44 Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may
be legitimate or illegitimate.
A child born inside a valid marriage is legitimate.
A child born in a void marriage is illegitimate, EXCEPT when the grounds for nullity are (1) Art. 164. Children conceived or born during the marriage of the parents are legitimate.
psychological incapacity, or (2) no recording, liquidation, etc. of a previous terminated Children conceived as a result of artificial insemination of the wife with the sperm of the
marriage (Art. 52 & 53, check those out). husband or that of a donor or both are likewise legitimate children of the husband & his
wife, provided that both of them authorized or ratified such insemination in a written
The child must be the offspring of the wife. If the child is not the offspring of the wife, this instrument executed & signed by them before the birth of the child. The instrument shall
whole chapter on paternity & filiation will not apply. be recorded in the civil registry together with the birth certificate of the child.
Cases: Babiera, Badelles Art. 165. Children conceived & born outside a valid marriage are illegitimate, unless
otherwise provided in this Code.
Q: A is married to B. They have no children. They informally adopted a child, X, by
simulated birth certificate. A & B died. X is the only compulsory “heir.” But it was the Policy of the FC
brothers & sisters of A that filed the intestate proceedings. X opposed, arguing that he is • The policy of the FC: liberalize the rule on the investigation of the paternity of
the legitimate child & the only heir. It was proven in court, however, that A & B are children, especially illegitimate children, without prejudice to the right of the
barren. X said, “Siblings, you have no legal basis to question me. The only people who alleged parent to resist the claimed status with his own defenses.
can impugn the legitimacy of the child, is the husband (note, it is wrong to say the father) • Legitimacy cannot be negotiated; it is determined by law
only as a general rule. Also, the period for contesting the legitimacy of the child is only 1- o A child cannot go to court and say “This man is not my father!” and
2-3 (living together, separated, abroad). Given both of these, my right is no longer have that statement have any legal effect
contestable.” CA sided with X. • Adoption – created by law; child has all rights, obligations & duties of a natural
A: SC reversed. This Chapter does not apply in a situation where the child did not come child
out from the woman. This is a simple case of falsification of public documents.
Paternity & Filiation
Q: B without terminating his marriage with A, married C. A child was born between C & A • GENERAL RULE: the law will always recognize the husband as the father; if he
(C Jr.). What is the status of C Jr.?
does nothing to impugn the child, the child is legitimate & his
A: C Jr. is legitimate. Since the marriage is bigamous, the child was born inside the
• Paternity & filiation – relationship which exists between parents & children
marriage of A & B. (Concepcion v. CA)
o Paternity – whether one is the father or not
Q: C asked if C Jr. can still maintain C’s surname, and also if C can get visitorial rights.
o Filiation – legitimacy/illegitimacy
Can he be entitled?
A: NO. Though C is a biological father, legally, C is not related to C Jr. • Legitimacy/illegitimacy is fixed by law & cannot be left to the will of the parties
Q: If B is irresponsible, can C seek custody of the child? or the declaration of a physician or midwife
• Filiation:
o By nature – legitimate if they are conceived or born during the valid
marriage of the parents
44The emphasis of this Chapter is that only paternity needs to be established; maternity is certain but paternity is not. Only fathers
have the right to impugn the legitimacy of their child. The mother cannot impugn with any legal effect.
45 Child will still be considered legitimate, even if the requirement of registration is not complied with
Q: An illegitimate child was allowed to use the surname of the father following the Art. 178. Legitimation shall take place by a subsequent valid marriage between parents.
requisites of the law. Can the mother ask that the surname be reverted to hers again? The annulment of a voidable marriage shall not affect legitimation.
A: Yes, the mother can if she goes to court.
Art. 179. Legitimated children shall enjoy the same rights as the legitimate children.
Rights of an Illegitimate Child
• Surname of the mother Art. 180. The effects of legitimation shall retroact to the time of the child’s birth.
• ½ the legitime of a legitimate child
Statutory Creation
Parental Authority • Before a child may be legitimated, requirements of law must be strictly
• Illegitimate child is under the parental authority of the mother complied with
o Father is NOT given parental authority, even if there is recognition on • Remedial in character – intended for the benefit & protection of innocent
his part that the child is his offspring; may be applied retroactively & must be liberally construed
• CASE: David v. CA (Briones)– Where a person who lives exclusively with his (nevertheless, requirements must be complied with)
legitimate family got hold of his legitimate son from the mother, who was
obviously not living with the father, X stated that the illegitimate son is under Requirements
the parental authority of the mother who, as a consequence of such authority, • The mandatory requisites for legitimation:
is entitled to have custody of him. 1) Parents do not suffer any legal impediment OR are only disqualified to
o Paternity is certain, but the father was not cohabiting with the mother. marry because either or both of them were 18 at the time of the
• But for Sta. Maria, this ruling by Briones is quite strict. conception of the child by the mother
o Sta. Maria: If the alleged father admits that the child is his & it is 2) The child has been conceived & born outside a valid marriage
shown that it is really conclusively his child & he even acknowledges 3) The parents subsequently enter into a valid marriage
that the child is his, & the said father lives together with the child & a. This last step legitimates the child
the mother under a void marriage without the benefit of marriage, Art. b. Even a later annulment will not change legitimacy anymore
211 applies – “the father & mother shall jointly exercise parental • It has been held that where the essential elements of legitimation existed prior
authority over the person of their common children. In case of to the passage of the legitimating statute, legitimation is deemed to occur as of
disagreement, the father’s decision shall prevail, unless there is a the time the statute becomes effective
judicial order to the contrary.”
56 Relevant Note: This is the definition of children that ma’am told us to search for
Sec. 4. Procedure for the Filing of the Petition. – The petition shall be filed in the regional
office of the DSWD where the child was found or abandoned.
The Regional Director shall examine the petition and its supporting documents, if
sufficient in form and substance and shall authorize the posting of the notice of the
petition conspicuous place for 5 consecutive days in the locality where the child was
found.
The Regional Director shall act on the same and shall render a recommendation not later
than 5 working days after the completion of its posting. He/she shall transmit a copy of
his/her recommendation and records to the Office of the Secretary within 48 hours from
the date of the recommendation.
Sec. 5. Declaration of Availability for Adoption. – Upon finding merit in the petition, the
Secretary shall issue a certification declaring the child legally available for adoption
within 7 working days from receipt of the recommendation.
Said certification, by itself shall be the sole basis for the immediate issuance by the local
civil registrar of a foundling certificate. Within 7 working days, the local civil registrar
shall transmit the founding certificate to the National Statistic Office (NSO).
Q: A & B are cousins. X & Y are parents of A. B saw X hit A in front of his other cousins. Substitute Parental Authority
Can A be compelled to testify? • Have all the rights given to parents in Art. 220
A: No. Because his testimony is not indispensible, as his cousins are beside him who • Same authority over the person of the child as the parents (Art. 233)
also saw the crime. But A’s testimony is indispensible, then he can be compelled to • They shall also be civilly liable for the injuries & damages caused by the acts or
testify still. omissions of the unemancipated children living in their company & under their
parental case (Art. 221)
Reason for the Filial Privilege o Substitute parental authority is more encompassing than special
• The privilege is solely addressed to the descendant-witness parental authority; the latter is usually for minors, & only for special
o He may or may not testify against his parents or grandparents in a occasions or authorized activities
criminal case • A person who is not even related to an unemancipated child & who was not
o If the descendant does not want to do so, he cannot be compelled to adopted by the same but who has actual custody of said child, may be liable for
do so the damages caused by said child
o The child can testify if he wants to, but he cannot be forced o At the same time, he may not inherit from the said child upon the
• Exception: Such testimony is indispensible in a crime against the descendant latter’s death, as he is not the heir at all
or by one parent against another • Order established is not mandatory
o If the brother is more qualified than the grandparent, the substitute
Marital Privilege parental authority may be granted to the brother
• Provided in Sec. 24(a) of Rule 130 of the Rules of Court • But order must be observed when those enumerated are equally fit
o The husband & wife, during or after the marriage, cannot be
examined without the consent of the other as to any communication Art. 217. In case of foundlings, abandoned, neglected or abused children & other
received in confidence by one from the other during the marriage, children similarly situated, parental authority shall be entrusted in summary judicial
except: proceedings to heads of children’s homes, orphanages and similar institutions duly
§ In a civil case by one against the other accredited by the proper government agency.
§ In a criminal case for a crime committed by one against the
other or the latter’s direct descendants or ascendants
• A rape case filed by the daughter against the Unfortunate Children
father was considered by SC as a crime “against • Foundling – newborn child abandoned by its parents who are unknown
the other” • Abandoned – One who has no proper parental care or guardianship; or whose
• Not dependent on the CHOICE of the confessor, but on the CONSENT of the parents or guardians have deserted him for a period of at least 6 continuous
spouse months
• CASE: Alvarez v. Ramirez - The husband set fire to the house of his wife’s sister • Neglected – One whose basic needs have been deliberately unattended or
knowing the wise was inside the house. A wife testified against her husband in inadequately unattended; two forms of neglect:
the arson case. o Physical neglect – child is malnourished, ill clad & without proper
o SC held that there was no more marital privilege to protect, & the wife shelter
could testify against her husband. o Emotional neglect – child is maltreated, raped or seduced, exploited
or overworked or made to beg in the streets, or are placed in
Final Notes situations of moral danger (abused children fall under here)
Art. 220. The parents and those exercising parental authority shall have with respect to Art. 221. Parents & other persons exercising parental authority shall be civilly liable for
their unemancipated children or wards the following rights and duties: the injuries & damages caused by the acts or omissions of their unemancipated children
1) To keep them in their company, to support, educate & instruct them by right precept & living in their company and under their parental authority subject to the appropriate
good example, & to provide for their upbringing in keeping with their means; defenses provided by law.
2) To give them love and affection, advice and counsel, companionship & understanding;
3) To provide them with moral and spiritual guidance, inculcate in them honesty, Imputed or vicarious liability of parents
integrity, self-discipline, self-reliance, industry & thrift, stimulate their interest in civic
affairs, & inspire in them compliance with the duties of citizenship; Two qualifiers:
4) To enhance, protect, preserve & maintain their physical & mental health at all times; 1. While living in their company
5) To furnish them with good and whole- some educational materials, supervise their 2. Under their parental authority
activities, recreation and association with others, protect them from bad company, & If one of these is gone, the parents are NOT liable.
prevent them from acquiring habits detrimental to their health, studies and morals;
6) To represent them in all matters affecting their interests; Parents
7) To demand from them respect and obedience;
Art. 231. The court in an action filed for the purpose or in a related case may also Art. 232. If the person exercising parental authority has subjected the child or allowed
suspend parental authority if the parent or the person exercising the same: him to be subjected to sexual abuse, such person shall be permanently deprived by the
1) Treats the child with excessive harshness or cruelty; court of such authority.
2) Gives the child corrupting orders, counsel or example;
3) Compels the child to beg;
4) Subjects the child or allows him to be subjected to acts of lasciviousness. Sexual Abuse
The grounds enumerated above are deemed to include cases which have resulted from • CASE: Re Van Vlack – A father sexually molested his adopted daughter. The
culpable negligence of the parent or the person exercising parental authority. biological mother left with the daughter, but returned a month later with the
If the degree of seriousness so warrants, or the welfare of the child so demands, the child.
court shall deprive the guilty party of parental authority or adopt such other measures as o SC held that this was grounds to terminate the parental rights of the
may be proper under the circumstances. mother
The suspension or deprivation may be revoked and the parental authority revived in a • CASE: Re Armentrout – Where the evidence showed that the children were
case filed for the purpose or in the same proceeding if the court finds that the cause molested by their stepfather but the mother consistently refused to believe in
therefor has ceased and will not be repeated. the stepfather’s guilt despite the conviction, SC permanently severed the
parental rights of the mother
Court Proceeding • Where the welfare of the child so demand, the right of the parents becomes
secondary
This also applies in outside activities with authorization of the school Sec. 2. Declaration of State Policy and Principles. — It is hereby declared to be the policy
1. Recess of the State to provide special protection to children from all forms of abuse, neglect,
2. Graduation cruelty, exploitation & discrimination, & other conditions prejudicial to their development;
3. Waiting within the vicinity of the school for the fetching of the child provide sanctions for their commission & carry out a program for prevention and
4. There is a dorm owned by the school where the child lives deterrence of & crisis intervention in situations of child abuse, exploitation &
discrimination. The State shall intervene on behalf of the child when the parent,
Corporal Punishment guardian, teacher or person having care or custody of the child fails or is unable to
• Teachers & academic personnel are absolutely prohibited from inflicting protect the child against abuse, exploitation & discrimination or when such acts against
corporal punishment upon children the child are committed by the said parent, guardian, teacher or person having care &
• A teacher may be held civilly & administratively liable for such an offense, but custody of the same.
for there to be criminal liability, there must be proof of felonious intent It shall be the policy of the State to protect and rehabilitate children gravely threatened
or endangered by circumstances which affect or will affect their survival and normal
Right of Parents to Inflict Corporal Punishment development and over which they have no control.
• Only persons exercising special parental authority cannot inflict corporal The best interests of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare institutions,
punishment
courts of law, administrative authorities, and legislative bodies, consistent with the
• Parents & those exercising substitute parental authority can inflict reasonable
principles of First Call for Children as enunciated in the United Nations Convention on the
corporal punishment
Rights of the Child. Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life.
Criminal Liability of Parents
• Parents can be criminally liable for maltreating their children when they:
1) Conceals or abandons the child with intent to make such child lose his civil
status;
Under the person being the actual sexual abuser, when you are seen with a child in a M: For example, forcing a child to dance in public until he cries (Willy!)
massage parlor, in a health club, etc. this falls under this second category.
Sec. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Sec. 7. Child Trafficking. – Any person who shall engage in trading and dealing with Prejudicial to the Child’s Development. —
children including, but not limited to, the act of buying and selling of a child for money, or (a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or
for any other consideration, or barter, shall suffer the penalty of reclusion temporal to be responsible for other conditions prejudicial to the child’s development including those
reclusion perpetua. The penalty shall be imposed in its maximum period when the victim covered by Article 59 of PD No. 603, as amended, but not covered by the Revised Penal
is under 12 years of age. Code, as amended, shall suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, 12 years or under or who
There are presumptions of law where trafficking will attach, but these are rebuttable. As is 10 years or more his junior in any public or private place, hotel, motel, beer joint,
an example – a pre-birth contract for adoption, surrogacy, or simulated birth certificates discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other
create a presumption of trafficking. tourist resort or similar places shall suffer the penalty of prision mayor in its maximum
period & a fine of not less than P50,000.00: Provided, That this provision shall not apply
Sec. 8. Attempt to Commit Child Trafficking. — There is an attempt to commit child to any person who is related within the fourth degree of consanguinity or affinity or any
trafficking under Sec. 7 of this Act: bond recognized by law, local custom & tradition, or acts in the performance of a social,
(a) When a child travels alone to a foreign country without valid reason therefor & moral or legal duty.
without clearance issued by the DSWD or written permit or justification from the child’s (c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act
parents or legal guardian; to keep or have in his company a minor as provided in the preceding paragraph shall
(b) When a pregnant mother executes an affidavit of consent for adoption for a suffer the penalty of prision mayor in its medium period and a fine of not less than
consideration; P40,000.00: Provided, however, That should the perpetrator be an ascendant, step-
(c) When a person, agency, establishment or child-caring institution recruits women or parent or guardian of the minor, the penalty to be imposed shall be prision mayor in its
couples to bear children for the purpose of child trafficking; maximum period, a fine of not less than P50,000.00, & the loss of parental authority
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil over the minor.
registrar or any other person simulates birth for the purpose of child trafficking; or (d) Any person, owner, manager or one entrusted with the operation of any public or
(e) When a person engages in the act of finding children among low-income families, private place of accommodation, whether for occupancy, food, drink, or otherwise,
hospitals, clinics, nurseries, day- care centers, or other child-caring institutions who can including residential places, who allows any person to take along with him to such place
be offered for the purpose of child trafficking. or places any minor herein described shall be imposed a penalty of prision mayor in its
medium period and a fine of not less than P50,000.00, & the loss of the license to
operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street-child or any other child
to:
(1) Beg or use begging as a means of living;
(2) Act as conduit or middleman in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its
medium period to reclusion perpetua.
M: This is like a catch-all provision. But as SC held, the qualifier in Section 10 is that the
abuse must be for the purpose of denigrating or lowering the dignity of a child. For
Sec. 17. Survival, Protection and Development. — In addition to the rights guaranteed to TITLE XI. – SUMMARY JUDICIAL PROCEEDINGS IN FAMILY LAW
children under this Act and other existing laws, children of indigenous cultural [REREAD THIS ENTIRE THING]
communities shall be entitled to protection, survival and development consistent with
the customs and traditions of their respective communities. Rule 45 v. Rule 65
Retroactive Effect
• Generally not favored
Art. 257. This Code shall take effect one year after the completion of its publication in a Art. 310. The construction of a tombstone or mausoleum shall be deemed a part of the
newspaper of general circulation, as certified by the Executive Secretary, Office of the funeral expenses, & shall be chargeable to the ACP/CPG, if the deceased is one of the
President. Publication shall likewise be made in the Official Gazette. spouses.
Art. 306. Every funeral shall be in keeping with the social position of the deceased.
Art. 358. Every parent and every person holding substitute parental authority shall see to
58 Previously Art. 294 of the CC
Art. 370. A married woman may use: Art. 373. A widow may use the deceased husband’s surname as though he were still
(1) Her maiden first name & surname & add her husband’s surname, or living, in accordance with Art. 370.
(2) Her maiden first name & her husband’s surname, or
(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as Art. 374. In case of identity of names and surnames, the younger person shall be obliged
“Mrs.” to use such additional name or surname as will avoid confusion.
Art. 380. Except as provided in the preceding article, no person shall use different names Art. 384. 2 years having elapsed without any news about the absentee or since the
& surnames. receipt of the last news, & 5 years in case the absentee has left a person in charge of
the administration of his property, his absence may be declared.
Pen Names or Stage Names
• So that a pen name or stage name cannot be usurped, it should be registered Art. 385. The ff. may ask for the declaration of absence:
& patented (1) The spouse present;
o Following this, said names cannot be used by others without suffering (2) The heirs instituted in a will, who may present an authentic copy of the same;
damages if sued (3) The relatives who may succeed by the law of intestacy;
(4) Those who may have over the property of the absentee some right subordinated to
TITLE XIV. – ABSENCE the condition of his death.
CHAPTER 1: PROVISIONAL MEASURES IN CASE OF ABSENCE Art. 386. The judicial declaration of absence shall not take effect until 6 months after its
publication in a newspaper of general circulation.
Art. 381. When a person disappears from his domicile, his whereabouts being unknown,
& without leaving an agent to administer his property, the judge, at the instance of an Judicial Declaration of Absence
interested party, a relative, or a friend, may appoint a person to represent him in all that • Necessary for interested persons to protect their rights, interests & benefits in
may be necessary. connection with the person who has disappeared
This same rule shall be observed when under similar circumstances the power conferred • Necessary also to protect the interest of the absentee
by the absentee has expired.
Spouse
Art. 382. The appointment referred to in the preceding article having been made, the • Art. 384/385 refers to separate/exclusive property, not community property
judge shall take the necessary measures to safeguard the rights & interests of the o In community property, both spouses are already administrators
absentee and shall specify the powers, obligations & remuneration of his representative, • JD of absence can be a sufficient cause for involuntary JSOP, & also a bsis for
regulating them, according to the circumstances, by the rules concerning guardians. the termination of the ACP/CPG
4 Since the person was last heard from, in a He is presumed dead for all Accretion
situation where he could be in danger of death purposes, including the • The disposition of the inheritance of an absentee benefits:
5 Since the person was last heard from & he division of the estate among o His co-heirs
disappeared after the age of 75 years the heirs; no need for a o His own heirs, assignees or representatives
judicial declaration of • Example: A & B are brothers. They are the only heirs of their father. A has been
presumptive death judicially declared an absentee.
o Their father dies without a last will & testament, leaving a net estate
7 Since a person was last heard from He is presumed dead for all worth P 100,000.
intents & purposes, save for o If A were not an absentee, he would have inherited P 50,000.
succession o His share goes to B, who will therefor inherit the whole estate.
10 He is presumed dead & his o HOWEVER, if A has kids, the kids will get the P 50,000 which
succession can be opened supposedly belonged to A, through their right of representation.
Missing Person Art. 395. The provisions of the preceding article are understood to be without prejudice
• Art. 391 declares situations for missing persons under dangerous to the action or petition for inheritance or other rights which are vested in the absentee,
circumstances his representatives or successors in interest. This right shall not be extinguished save by
• Art. 391 does not apply to: lapse of time fixed for prescription. In the record that is made in the Registry of the real
o Persons who accidentally fell into the sea while on board a vessel & estate which accrues to the co-heirs, the circumstance of its being subject to the
consequently drowned because “the vessel was not lost during a sea provisions of this article shall be stated.
voyage”
o A person who cannot be found in a wreckage of a plane, because the Claim
plane is not missing
Art. 408. The ff. shall be entered in the civil registrar: Prima Facie Evidence
(1) Births; • Evidence remains sufficient to maintain the fact which it seeks to substantiate
(2) marriages; as long as it is unrebutted or uncontradicted
(3) deaths; o Created a presumption of fact
(4) legal separations; o In case of a conflict between a presumption of fact & a presumption
(5) annulment of marriages; of law, a presumption of law will prevail
(6) judgments declaring marriages void from the beginning; • CASE: Babiera v. Catotal – A legitimate child filed a suit to cancel the birth
(7) legitimations; certificate of her housemaid’s child, because the certificate said that the
(8) adoptions; legitimate child’s father & mother were the real parents of the housemaid’s
(9) acknowledgments of natural children; child.
(10) naturalization; o SC held that the regularity of the birth certificate was overcome by the
(11) loss; or totality of evidence presented during the trial which sufficiently
(12) recovery of citizenship; negated the presumption
(13) civil interdiction;
(14) judicial determination of filiation; Art. 411. Every civil registrar shall be civilly responsible for any unauthorized alteration
(15) voluntary emancipation of a minor; and made in any civil register, to any person suffering damage thereby. However, the civil
(16) changes of name. (326a) registrar may exempt himself from such liability if he proves that he has taken every
reasonable precaution to prevent the unlawful alteration.
Art. 409. In cases of legal separation, adoption, naturalization & other judicial orders
mentioned in the preceding article, it shall be the duty of the clerk of court which issued Art. 412. No entry in a civil register shall be changed or corrected, without judicial order.
the decree to ascertain whether the same has been registered, & if this has not been
done, to send a copy of said decree to the civil registry of the city or municipality where RA 9048
the court is functioning.
(h) Prohibition of the respondent from any use or possession of any firearm or deadly
weapon and order him to surrender the same to the court for appropriate disposition by
the court, including revocation of license and disqualification to apply for any license to
use or possess a firearm. If the offender is a law enforcement agent, the court shall
(i) Restitution for actual damages caused by the violence inflicted, including, but not Sec. 11. How to Apply for a Protection Order. – The application for a protection order
limited to, property damage, medical expenses, childcare expenses and loss of income; must be in writing, signed and verified under oath by the applicant. It may be filed as an
independent action or as incidental relief in any civil or criminal case the subject matter
(j) Directing the DSWD or any appropriate agency to provide petitioner may need; and or issues thereof partakes of a violence as described in this Act. A standard protection
order application form, written in English with translation to the major local languages,
(k) Provision of such other forms of relief as the court deems necessary to protect and shall be made available to facilitate applications for protections order, and shall contain,
provide for the safety of the petitioner and any designated family or household member, among other, the following information:
provided petitioner and any designated family or household member consents to such (a) names and addresses of petitioner and respondent;
relief. (b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
Any of the reliefs provided under this Sec. shall be granted even in the absence of a (d) description of the reliefs requested by petitioner as specified in Sec. 8 herein;
decree of legal separation or annulment or declaration of absolute nullity of marriage. (e) request for counsel and reasons for such;
(f) request for waiver of application fees until hearing; and
The issuance of a BPO or the pendency of an application for BPO shall not preclude a (g) an attestation that there is no pending application for a protection order in
petitioner from applying for, or the court from granting a TPO or PPO. another court.
If the applicant is not the victim, the application must be accompanied by an affidavit of
Class Discussion the applicant attesting to (a) the circumstances of the abuse suffered by the victim and
Protection order can force perpetrator to: (b) the circumstances of consent given by the victim for the filling of the application.
• Surrender firearms When disclosure of the address of the victim will pose danger to her life, it shall be so
• Never enter the house where woman resides, regardless of who between the two stated in the application. In such a case, the applicant shall attest that the victim is
of them owns it residing in the municipality or city over which court has territorial jurisdiction, and shall
• Lose custody of their children provide a mailing address for purpose of service processing. An application for
• Payment of damages protection order filed with a court shall be considered an application for both a TPO and
• Being disallowed to threaten people PPO.
• Decrees here shall be granted even without a judicial decree of legal separation, Barangay officials and court personnel shall assist applicants in the preparation of the
nullity or annulment application. Law enforcement agents shall also extend assistance in the application for
protection orders in cases brought to their attention.
Sec. 9. Who may file Petition for Protection Orders. – A petition for protection order may
be filed by any of the following: Sec. 19. Legal Separation Cases. – In cases of legal separation, where violence as
(a) The offended party; specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court
(b) Parents or guardians of the offended party; shall proceed on the main case and other incidents of the case as soon as possible. The
(c) Ascendants, descendants or collateral relatives within the fourth civil degree of hearing on any application for a protection order filed by the petitioner must be
consanguinity or affinity; conducted within the mandatory period specified in this Act.
(d) Officers or social workers of the DSWD or social workers of local government units
(LGUs);
(e) Police officers, preferably those in charge of women and children's desks; (f) Punong
Barangay or Barangay Kagawad;
(g) Lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least 2 concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who has personal knowledge of
the offense committed.