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PRELIMINARY TITLE

I. LAW : It is defined as a rule of conduct, just and obligatory, promulgated by legitimate authority and of common observance and benefit. 1. 2. 3. 4. ESSENTIAL ELEMENTS OF LAW : reasonable rule of actions ; due promulgation ; promulgated by competent authority; and generally, a sanction in case of disobedience .

Article 4. Laws shall have no retroactive effect, unless the contrary is provided : EXCEPTIONS PICES P When the law is PENAL in nature, provided it is favorable to the accused and he is not a habitual delinquent , even though at the time of the enactment of such law final sentence has already been rendered ; I When it is INTERPRETATIVE of other laws ; C When it is CURATIVE in character in the sense that the purpose of the enactment is to cure defects or imperfections in judicial or administrative proceedings ; E When the law itself EXPRESSLY provides for its retroactivity ; and S When the law creates new SUBSTANTIVE rights or if the SUBSTANTIVE rights be declared for the first time, unless vested rights are impaired. In addition to the above exceptions are the following R When the law is REMEDIAL in nature for there are no vested rights in rules of procedure ; and E When the law is of EMERGENCY in nature and is authorized by the police power of the State. Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be VOID, except when the law itself authorizes their validity : EXCEPTIONS : V When the law makes the act NOT VOID but merely VOIDABLE ; such as consent is vitiated by fraud; C When the law makes the act VALID but subjects the wrongdoer from criminal responsibility ; such as a widow who marries again with 300 days after the husband death the marriage is valid( provided she is able to obtain marriage license ) but she is criminally responsible ; R When the law makes the act itself VOID, but recognizes some legal effects flowing therefrom ; and G When the law makes certain acts VALID, although generally they would have been VOID ;such As lotto ) Article 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals or good customs or prejudicial to a third persons with a right recognized by law : REQUISITES OF WAIVER OF RIGHTS :

II. CIVIL LAW : It that branch of the law which treats of the personal and family relations of an individual, his property and successional rights and the effects of his obligations and contracts. III. CIVIL CODE : It is defined as a COLLECTION of laws, which REGULATES the private relations of the members of civil society, DETERMINES their respective rights and obligations, with reference to persons, things and civil acts . IV. SUBSTANTIVE AND PROCEDURAL LAW : Substantive law, like civil law, establishes rights and duties, while procedural law, or sometimes referred to remedial law, or adjective law, prescribes the manner of enforcing legal rights and claims. V. EFFECTS AND APPLICATION OF LAWS ( ARTICLE 1-18 ) : Article 2. When do law s take effect ?: a. An ordinary law takes effect On the date it is expressly provided to take effect ; If no such date is made, then AFTER 15 days following the completion of its publication in the Official Gazette or in a newspaper or general circulation in the Philippines. Note where the law provides for its own effectivity, such as September 4, 2007 or upon approval by the President or by Congress over the veto of the President, the PUBLICATION is NOT necessary as long as it is NOT PUNITIVE in character.

b.

Article 3 .Ignorance of the law excuses no one from compliance therewith ignorantia legis neminem excusat : Ignorance of the law, NOT ignorance of the fact, excuses NO one from compliance therewith. This refers to all kinds of domestic laws, whether civil or penal, and whether substantive or remedial. The principle is founded on expediency, policy and necessity. It must be noted, that the rules refer only to mistakes with regard to the existence of a law rather than to mistakes with regard to the application or interpretation of a difficult or doubtful question of law, or with regard to the effect of a certain contract or transaction. The latter may be the basis of possession in good faith or may render a contract voidable or may give birth to a quasi contract of solutio indebiti. Ignorance of a Foreign Law : Ignorance of a foreign law is NOT ignorance of the law, but ignorance of the FACT, because foreign law must be alleged and proved as matters of fact, there being no judicial notice of said foreign laws. PROCESSUAL PRESUMPTION : If the foreign law is NOT properly alleged and proved, the PRESUMPTION is that it is the SAME as our own law.

a. The person waiving must be CAPACITATED to b. c. d.


make the waiver ; The waiver is made CLEARLY ; That the person renouncing must actually have the RIGHT which he is renouncing (otherwise he will not be renouncing anything ) ; That in certain instances, the waiver must comply with the FORMALITIES of law ( hence, the express remission of a debt owed in favor of the person waiving, must comply with the formalities of a donation) ; That the waiver must NOT be CONTRARY to law, morals, public order, public policy or good customs; and That the waiver must NOT PREJUDICE others with a right recognized by law .

e. f.

WAIVER IS CONSIDERED VOID IN THE FOLLOWING INSTANCES :

Article 11.Customs which are contrary to law or public order or public policy shall not be countenanced . Article 12. A custom must be proved as fact according to the rules of evidence . CUSTOM : It is defined as the juridical rule which results from a constant and continued uniform practice by the members of a social community, with respect to a particular state of facts, and observed with a conviction that it is juridically obligatory. REQUISITES OF CUSTOM : Plurality of acts ; uniformity of acts ; general practice by the great mass of the people of the country or community ; 4. continued practice for a long period of time ; 5. general conviction that the practice is the proper rule of conduct; and 6. conformity with law, morals or public policy. 1. 2. 3. Article 14. Penal laws and those of public security and safety shall be obligatory upon all who live and sojourn in Philippines territory, subject to the principles of public international law and treaty stipulations. The above provision referred to the PRINCIPLE OF GENERALITY .

a. Waiver of FUTURE SUPPORT ;


b. c. Waiver of POLITICAL RIGHTS ; and Waiver of FUTURE INHERITANCE, especially if the waiver is intended to prejudice creditors.

Article 7. Laws are repealed only by subsequent ones, and their violation or non observance shall not be excused by disuse, or custom or practice to the contrary . When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative and executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. Repeal of Laws : Implied repeals are not looked upon with favor . Effect if the repealing law is itself repealed : 1. when a law which expressly repeals a prior law is itself repealed, the law first repealed shall not be thereby revived, unless expressly so provided. E.g. Law A is expressly repealed by Law B. If law B is itself repealed by Law C, law A is not revived, unless law C expressly so provided . 2. when a law which repeals a prior law not expressly but by implication, is itself repealed, the repeal of the repealing law revives the prior laws, unless the language of the repealing statute provides otherwise . E.g. Law A is impliedly repealed by Law B. Later law B is repealed by Law C. Law A is revived, unless law C provides otherwise. Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. ARE JUDICIAL DECISIONS LAWS ? While is it true that judicial decisions which apply or interpret the Constitution are part of the legal system of the Philippines, still they are NOT LAWS, for this were so, courts would be allowed to legislate contrary to the principle of separation of powers. However, judicial decisions are EVIDENCE OF WHAT THE LAWS MEAN. DOCTRINE OF STARE DECISIS : let it stand or adherence to precedence. This doctrine provides that once a case has been decided one way, then another case, involving exactly the same point at issue should be decided in the same manner. Only when a prior ruling of the court finds itself later overruled, and a different view is adopted, the new doctrine may be applied prospectively in favor of parties who have relied on the old doctrine and have acted in good faith in accordance therewith under the rule of lex prospicit,non respicit. OBITER DICTA : (singular dictum ) are opinions not necessary to the determination of a case. They are not binding, and cannot have the force of judicial precedents. DISSENTING OPINION : Dissenting opinion affirms or overrules NO claim, right or obligation. And neither disposes of, or wards anything. It merely expresses the view of the dissenter.

DIFFERENT CONFLICT LAW RULES :


1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Article 14 Article 15 Article 16 paragraph 2 Article 17 pars 1 and 2 Article 21 (FC ) Article 26 (FC) Article 80 (FC) Article 815 819 Article 829 Article 1039 Article 1753.

11.

Article 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. This provision NATIONALITY . stresses the principle of

CAPACITY TO ENTER into other relations or


contracts is not necessarily governed by the National law of the person concerned . Thus : 1. Capacity to donate, sell or mortgage real and personal property depends on the law of the place where the property is situated LEX SITUS ;

2.

Capacity to get married abroad does not generally depend on the national law of the parties but on the law of the place where the marriage was entered into LEX LOCI CELEBRACIONIS, provided that the marriage is not bigamous, polygamous or incestuous as determined by Philippine law. 1. 2. IMPORTANT CONFLICT RULES :

NATIONAL LAW if the problem does not involve property. LEX SITUS if the problem involves property . EXCEPTIONS : a. order of succession,amount of successional rights, intrinsic validity of the provisions of wills NATIONAL LAW ;

b. Capacity to succeed NATIONAL LAW


OF THE DECEDENT ; and

Article 20 . Every person who, contrary to law( ILLEGAL ), willfully or negligently causes damage to another, shall indemnify the latter of the same. This provision speaks of general sanction for all other provisions of law which do not specially provide for their own sanction.

c. Determination of matrimonial property


regime NATIONAL LAW OF HUSBAND . Article 16 . Real property as well as personal property is subject to the law of the country where it is situated. However, intestate and testamentary successions, both with respect to the order of succession, amount of successional rights and to the intrinsic validity of the testamentary provisions , shall be regulated by the national law of the person whose succession is under consideration, whatever nature of the property and regardless of the country wherein said property may be located. Article 17. The forms and solemnities of contracts, wills and other public instruments shall be governed by the laws of the country in which they are executed. When the acts referred to are executed before the diplomatic or consular official of the Republic of the Philippines in a foreign country, the solemnities established by the Philippine laws shall be observed. Prohibitive laws concerning persons, their acts or property and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated or by determinations or conventions agreed upon in a foreign country. FOUR ASPECTS PF SUCCESSION WHICH ARE GOVERNED BY THE NATIONAL LAW OF A FOREIGN DECEDENT ICAO : I INTRINSIC VALIDITY of the testamentary provisions ; C CAPACITY to succeed ; A AMOUNT of successional rights ; and O ORDER of succession . RENVOI : Means referring back. The problem of renvoi is that , when the conflict rules of the forum refers a matter to a foreign law for decision, is the reference to the corresponding conflicts rule of that foreign law, is the reference to the purely internal rules of the foreign system. TRANSMISSION THEORY : It must be noted that the renvoi is not always a referring back, the reference may also be to the internal law of a third State. In such a case the reference is across rather than back. ISSUES TO BE RESOLVED IN A PROBATE PROCEEDINGS : 1. 2. The due execution of the will ; and the testamentary capacity of the testator.

Article 21. Any person who, willfully causes loss or injury to another in a manner that is contrary to morals, good customs, or public policy shall compensate the latter for the damage. ( IMMORAL ) This provision deals with acts contra bonus mores ELEMENTS : CAI 1. 2. 3. There is an ACT which is legal ; But which is CONTRARY to morals, good custom, public policy or public order ; and It is done with INTENT to injure.

REQUISITES : 1. The defendant should have acted in a manner that is contrary to moral, good custom or public policy ; 2. the act should be willful ; and 3. damage or injury to the plaintiff.

NOTE : MALICE OR BAD FAITH is the core of Articles 19 21. MALICE OR BAD FAITH implies a conscious and intentional design to do a wrongful act for a dishonest purpose or moral obliquity. Such must be substantiated by evidence. CIRCUMSTANCES OF BREACH OF PROMISE TO MARRY : A. When there has been carnal knowledge : 1. If the carnal constitute seduction as defined in the RPC , the aggrieved party can recover Moral damages ( Art. 2219 no. 3 ) ; 2. If the act of the defendant constitutes a tort in the sense that it is willful and that it is contrary to morals, good custom, or public policy, the aggrieved party can recover moral damages. ( Art 21, 2219 No 10 ) If the woman becomes pregnant and subsequently delivers , she can recover compensatory damages for medical and hospitalization expenses as well as attorneys fees ; sue for recognition of the child and for support to the child.

3.

B. When there has been no carnal knowledge : 1. If the defendant act constitute tort under article 21 she would be able to recover moral damages ; 2. If she advanced money or property to the defendant she would be able to recover it.

VI. HUMAN RELATIONS ( Article 19 36 ) : Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. BASIS OF THE PROVISION : The Famous maxim suum jus summa injuria , which means, the abuse of right is the greatest possible wrong. ELEMENTS OF ABUSE OF RIGHTS in order for it to be actionable : LIE L There is LEGAL right or duty ; I For the sole INTENT of prejudicing or injuring another ; and E Which is EXERCISED in bad faith.

Section 22. Every person who through an act of performance by another , or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground shall return the same to him.

This provision refer to the PRINCIPLE OF


EQUITY . ACCION IN REM VERSO : This refers to a judicial action instituted by an owner to recover something unjustly or illegally possessed by another, such possession being one of unjust enrichment at anothers expense .

Article 26. Every person shall respect the dignity, personality, privacy and peace of mind of 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 and other relief. (1) Prying into the privacy of anothers residence ; (2) Meddling with or disturbing the private life or family relations of another ; (3) Intriguing to cause another to be alienated from his friends ; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. Article 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 action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken.

shall be suspended until the termination of the criminal proceedings Article 36. Prejudicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code.

PERSONS
TITLE I CIVIL PERSONALITY (Article 37-47 ) I. Persons : It may be defined as a being, physical or moral, real or juridical and legal, which is susceptible of rights and obligations, or of being the subject of legal relations. II. Distinguish juridical capacity and capacity to act : Juridical capacity 1. It is the fitness to be the subject of legal relations 2. It is inherent in every natural person and therefore, is not acquired. 3. It is lost only through death. 4. It cannot be limited or restricted 5. It can exist even without the capacity to act. Capacity to act 1. It is the power to do acts with legal effect. 2. It is not inherent and therefore it is acquired. 3. whereas the latter may be lost through other means or circumstances. 4. It can be limited or restricted by certain circumstances. 5. Its existence always implies that of the former.

1)

REQUISITES : There must be refusal or neglect of public servant or employee to perform his official duty ; in other words, there must be NON FEASANCE , not malfeasance or misfeasance ;

2) The refusal or neglect must be without just cause ; 3) The duty must be ministerial, not discretionary ; and 4) The plaintiff must have suffered some material or
moral loss as a result. Article 29. when the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the 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 to answer for damages in case the complaint should be found to be malicious. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it my be inferred from the text of the decision whether or not the acquittal is due t that ground. Article 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. Article 31. When the civil action is based on an obligation not arising from act or omission complained of as a felony, such civil action may be proceeded independently of the criminal proceedings and regardless of the result of the latter. Article 33. In cases of defamation, fraud and physical injuries, a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence. Article 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a civil action for damages against the alleged offender. Upon the defendants motion , the court may require the plaintiff to files and to indemnify the defendant in case the complaint should be found to be malicious. If during the pendency of the civil action, an information should be presented by a prosecuting attorney, the civil action

Status : The status of a person is the legal conditions or class to which one belongs in society . III. Civil Personality : It is merely the external manifestation of either juridical capacity or capacity to act. Under article 5 of PD 603, the civil personality of the child shall commence from the time of his conception, for all purposes favorable to him, subject to the requirements of Article 41 of the NCC. Civil personality is extinguished by death. PRESUMPTIONS OF SURVIVORSHIP : When 2 persons perish in the same calamity, such as a wreck, battle or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, the survivorship is presumed from the probabilities resulting from the strength and age of the sexes according to the following rules : The older is presumed to have survived . The younger is presumed to have survived. The former is presumed to have survived. The older is presumed to have survived. The male is presumed to have survived. The latter is presumed to have

1. If both were under the age of 15 years = 2. If both were above the age of 60 years = 3. If one be under 15 and the other above 60 = 4. If both be over 15 and under 60 = If the sexes be different = 5. If one under 15 or over 60 and the other between these

ages =

survived.

Requisites for the application of the presumptions on survivorship : (1) There is NO PROOF as to which of 2 persons died first ; (2) They must have died during a CALAMITY ; and (3) They are NOT CALLED to SUCCEED each other . Requisites for the applicability of Article 43 NCC : First : There is no proof as to which to persons died first ;and Second : They are called to succeed each other.

THE FAMILY CODE


MARRIAGE (Article 1-26 )
I. Marriage : Marriage is a special contract between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the Family Code. A. Aspects of marriage : 1. As an ACT by which a man and a woman unite for life, with intent to discharge towards society and one another those duties which result from the relation of husband and wife.

Article 35(1) : If either or both parties did NOT have legal capacity to get married ; Article 35 (4) : The marriage is immoral for being bigamous or polygamous ; Article 35 (5) : Consent of one party is lacking because of mistake as to identity of the other ; Article 35 (6) : Those subsequent marriages that are void under Article 53 of the FC ; Article 36 : One of the parties was psychologically incapacitated at the time of the marriage to comply with the essential marital obligations ; Article 37 : The marriage is incestuous ; and Article 38 : The marriage is void by reason of public policy. It is clear that marriages by proxy fall within the purview of the general rule and not within the purview of the exceptions. Recognition of decree of divorce obtained abroad : A divorce decree obtained abroad by a foreigner may be recognized in the Philippines, provided such decree is valid according to the national law of the foreigner. However, the divorce decree and the governing national law of the alien spouse who obtained the divorce decree must be proved, for our Philippine courts do no take judicial notice of foreign laws and judgments. Both the decree of divorce and the national law of the foreigner must be alleged and proved according to our law on evidence. Therefore, before a foreign divorce decree can be recognized by our Philippine courts, the party pleading must prove the divorce as fact and demonstrate its conformity to the foreign law allowing it. Thus, sole presentation of the divorce decree is insufficient.

2. As a STATUS It is a civil status of one man and


one woman, legally united for life, with rights and duties which, for the establishment of families and the multiplication and education of the species, are or from time to time may thereafter be, assigned by law to matrimony.

MARRIAGES EXEMPT FROM THE LICENSE REQUIREMENT


(Article 27-34 ) I. Marriages exempted from marriage license requirement : MORRA (1) Marriages in ARTICULO MORTIS or at the point of death ; (2) Marriages in REMOTE places ; (3) Marriages between MUSLIMS or among members of the ethnic cultural communities ; (4) LEGAL RATIFICATION of marital cohabitation ; and (5) Marriages solemnized OUTSIDE of the Philippines where no marriage license is required by the country where it was solemnized . Marriage in Articulo Mortis : The law does not require that the party who is at the point of death must die immediately after the celebration of the marriage. All that is necessary is that the parties, including the person solemnizing the marriage, must be convince that there was imminent danger of death. Although an affidavit is supposed to be substituted for the marriage license, nevertheless, it must be observed that the execution thereof is a duty that is addressed to the person solemnizing the marriage and not the contracting parties. Failure to execute such affidavit should not affect the validity of the marriage. The law is explicit with regards to the essential requisites of marriage, and certainly, the execution of such affidavit is not one of them. Legal Ratification of marital cohabitation : If a man and a woman have been living together as husband and wife without the benefit of a marriage for at least 5 years, they are exempted from securing a marriage license to marry. But such law requires that their act of living together must be characterized by EXCLUSIVITY AND CONTINUITY. It also requires that they must have NO LEGAL IMPEDIMENT to marry one another during the 5 year period of cohabitation immediately before the day of the

B. Essential Requisites of a valid marriage : (1) Legal capacity of the contracting parties who must be a male and a female ; and (2) Consent freely given in the presence of the solemnizing officer. C. Formal requisites a of marriage : (1) Authority of the solemnizing officer ; (2) A valid marriage license except in marriages of exceptional character ; and (3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of at least three witnesses. Marriage by proxy : If the marriage by proxy is celebrated in the Philippines, it is void because of non-compliance with the formal but essential requisite of a marriage ceremony. However, if the marriage by proxy is celebrated abroad, Article 26 FC is applicable. Under this provision, all marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country(lex loci celebrationis ), except those prohibited under the following : (LABIS PIP )

marriage. The cohabitation should be in the nature of a perfect union that is valid under the law but rendered imperfect only by the absence of the marriage contract. A. How a divorced foreigner obtain a marriage license ?: The foreigner has to file a sworn statement as to how the marriage was dissolved and furnish the local civil registrar with the judgment. He must register the same with the local civil registrar to bind third persons. Before a foreign judgment is given presumptive evidentiary value, the documents must first be presented and admitted in evidence. A divorce obtained abroad is proven by a divorce decree itself which is the best evidence of a judgment. The decree purports to be a written act or record of an act of an official body or tribunal of a foreign country.

establish its invalidity, but for purposes of remarriage, a judicial declaration of nullity is necessary. A. Distinctions in the manner of attacking a void marriage and a voidable marriage : (1) A voidable marriage CANNOT be assailed COLLATERALLY EXCEPT in a DIRECT proceeding ; a void marriage CAN be ATTACKED COLLATERALLY, hence, a void marriage can be questioned even after the death of either party while a voidable marriage can be assailed only during the lifetime of the parties and not after the death of either, in which case the parties and their offspring will be left as if the marriage had been perfectly valid. (2) A void marriage CONFERS NO LEGAL RIGHTS upon the parties, as though no marriage had ever taken place. Its invalidity can be maintainied in any proceeding in which the fact of marriage may be material, either direct or collateral, in any civil court between any parties at anytime, whether before or after the death of either or both the husband and the wife, and upon mere proof of the facts rendering such marriage void, it will be disregarded or treated as non existent by the courts ; unlike a voidable marriage which cannot be collaterally attacked except in direct proceeding instituted during the lifetime of the parties so that upon the death of either, the marriage cannot be impeached and is made good ab initio. B. Psychological incapacity as a ground for the annulment of marriage : Pyschological incapacity : Refers to no less than a MENTAL incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage which, under the FC, includes mutual obligations to live together, observe love, respect and fidelity and render help and support. This psychological condition must exit at the time the marriage is celebrated. As a ground for declaring the nullity of a marriage, it may be established by the totality of evidence presented. However, there is no requirement as a condition sine qua non for such declaration that the respondent should be examined by physician or psychologist. It is enough that the evidence is characterized by the following : a. Gravity ; b. Juridical antecedence ; and c. Incurability. The above guidelines do not require that a physician examine the person to be declared psychologically incapacitated as, the root cause may be medically or clinically identified. What is important is the presence of evidence that can adequately established the partys psychological condition. SEXUAL INFIDELITY, per se, does NOT constitute psychological incapacity within the implementation of the FC. It must be shown that the unfaithfulness of the other spouse is a manifestation of a disordered personality which makes him/her completely unable to discharge the essential obligations of the marital state.

Under sections 24 and 25, Rule 132, a writing or document may be proven as a public or official record of a foreign country by either (a) an official publication ; or (b) a copy thereof attested by the officer having legal custody of the document. If the record is not kept in the Philippines, such copy must be 1. accompanied by a certificate issued by the proper diplomatic or consular official in the Philippine foreign service stationed in the foreign country in which the record is kept ; and 2. authenticated by the seal of his office.

VOID AND VOIDABLE MARRIAGES (Article 35-54)


I. Distinctions of a void marriage and a voidable marriages : AS TO 1. Nature VOID MARRIAGE It is inexistent from the time of its performance. It is not susceptible of convalidation. The property relations are governed by the rules of co ownership. VOIDABLE MARRIAGE It is valid and binding until it is annulled by a competent court. It may be convalidated either by prescription or cohabitation. The property relations, as a general rule, is governed by the rules on absolute community unless another system is agreed upon in marriage settlement. The children conceived before the decree of annulment are considered legitimate. The defect must be attacked directly. It can be impugned only as a general rule by one of the contracting parties. It may only be impugned during the lifetime of the contracting parties. A. judicial declaration is necessary.

2.Susceptibility of convalidation 3.Effect upon property

4. Effect upon children

5. how marriage may be impugned 6. who impugn marriage may

The children are considered illegitimate under article 165 FC(subject to exception) The defect may be attacked either directly or collaterally. It may be impugned by anyone who is directly affected. It may be impugned at anytime . A judicial declaration is not necessary to

7. when may be impugned 8. necessity of judicial declarations

Guidelines in the interpretation and application of article 36 FC for the guidance of the bench and the bar : a. The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubts should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. b. The root cause of the psychological incapacity must be 1. medically or clinically identified ; 2. alleged in the complaint ; 3. sufficiently proven by experts ; and 4. explained in the decision. NOTE that the incapacity must be psychological and not physical, although its manifestations or symptoms may be physical. The evidence must convince the court that the parties or one of them was mentally or physically ill to such an extent that the person could not have given valid assumption thereof, thus, the psychological incapacity must be characterized by i. gravity ; ii. juridical antecedence ; and iii. incurability. c. d. e. The incapacity must be proven to be existing at the time of the celebration of the marriage. Such incapacity must also be shown to be medically or clinically permanent or incurable . Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage.

when the nullity is so declared can it be held as void. So long as there is no such declaration, the presumption is that the marriage exists. Therefore, he who contracts a second marriage before the judicial declaration of nullity of the first marriage assumes the risk of being prosecuted for bigamy. Test to determine - Physical incapacity of consummating the marriage : The test is not the capacity to reproduce ,but the capacity to COPULATE. Consequently physical incapacity as a ground for the annulment of marriage refers to impotency or inability to perform the sexual act, and not sterility or the inability to procreate. Requisites :PUCI 1. That either party was, at the time of the marriage, physically incapable of consummating the marriage with the other ; 2. that such incapacity continues ; 3. that it appears to be incurable ; and 4. that, at the time of the marriage, it was unknown to the other party. Doctrine of triennial cohabitation : It is the presumption that the husband is impotent should the wife still remain a virgin after living together with the husband for 3 years. The husband, in this case, must have to overcome this presumption. Relative impotency : It is where a person is impotent with respect to his or her spouse but not with another woman or man. Under the FC, relative impotency may be invoked as a ground for annulment of marriage in view of the physical incapability of one party to consummate said marriage with the other.

f. The essential marital obligations must be those


embraced by articles 68 -71FC as regards the husband and the wife, as well as articles 220,221 and 225FC in regard to parents and their children. Such non complied obligations must also be stated in the petition, proven by evidence and included in the test of the decision. g. Interpretation given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. The trial court order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the State. C. Subsequent marriage contracted during the absence of the other spouse : When contracting a subsequent marriage, the present spouse must have instituted a summary proceeding for the declaration of presumptive death of the absent spouse. Failure of the present spouse to institute a summary proceeding for the declaration of presumptive death shall render the subsequent marriage void. Such neglect or ignorance of the law shall result in a bigamous, and therefore void, marriage. D. Effect of prior existing void marriage : The spouses cannot just get married. The present rule requires that there is a need to have a void marriage to be declared void. Article 39 FC, provides that the action or defense for the declaration of absolute nullity of a previous marriage shall not prescribe. Furthermore, the absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. It is clear that even if a marriage is void, it must be declared void first because the parties cannot decide for themselves the invalidity of their marriage. It must be submitted to the judgment of the competent courts. Only

Note : Impotency being an abnormal conditions should not be presumed. The presumption is in favor of potency.

LEGAL SEPARATION (Article 55-67 )


I. Divorce : Divorce is the dissolution or partial suspension by law of the marital relation. The dissolution being termed divorce from the bond of matrimony, or vinculo matrimonii, the suspension ,on the other hand, is known as divorce from bed and board or mensa et thoro. Two kinds of divorce : 1. Absolute divorce or vinculo matrimonii Which is the separation of the spouses for a cause authorized by law by a judgment of a competent court whereby the marriage tie is dissolved leaving the parties free to contract a new marriage. 2. Relative divorce or mensa et thoro Which is the separation of the spouse from bed and board for a cause authorized by law by the judgment of a competent court but the marriage tie subsists and the parties are not allowed to marry again.

h.

Distinctions : A. Between Legal Separation from Separation of property ; Legal Separation Separation of property 1. Suspension of the common There is suspension only of life of the husband and wife the property relations of the covering their persons and husband and wife, hence the properties. husband and wife may still be living together.

2. It cannot be granted on mere stipulation of facts or confession of judgment or agreement of the parties.

3. It necessarily involves separation of property

It can be effected by agreement of the spouses during the marriage subject to court approval. If done prior to the marriage, separation of property can be effected through the marriage settlement. There may be separation of property of the spouses without legal separation as they may still be actually living together.

c. The court shall designate the husband or the wife to


manage the absolute community or conjugal partnership property in the absence of an agreement between the spouses ; and The court may designate a third person to administer the properties of the spouse.

d.

B. Between Legal separation from Separation de Facto ; and Legal separation Separation De Facto 1.Only by the decree of court The spouses can separated can legal separation be from each other at any time effected. without need for a court order. 2. Dissolution of the absolute The husband and the wife are community of property or still heirs of each other, their conjugal partnership of the property relations remain, no spouses necessarily results matter how guilty one party from legal separation ; is, unless the innocent party The share of the guilty spouse disinherits the guilty party in in the net profits of the his or her will. absolute community of property or conjugal partnership is forfeited ; Neither can a guilty spouse inherit from the innocent spouse. C. Between legal separation from annulment of marriage . Legal Separation Annulment of Marriage 1. The marriage is not The marriage is defective. defective. 2. The grounds arise only The grounds must exist at the after the marriage. time of or before the marriage. 3.The spouses are still The spouses can marry again married to each other and as the marriage is set aside. cannot therefore, remarry. 4. There are 10 grounds for There are six grounds for legal separation annulment. II. Defenses available to the defendant in an actions for legal separation : 4CMP 1. Condonation or the act of the innocent spouse to in forgiving the offender subject to the condition that the offense shall not be repeated ; 2. Consent or that where the aggrieved party has agreed to the commission of the offense or act complained of ; 3. Connivance or the act of one spouse in consenting to the commission of the offense or act constituted the ground for legal separation by the other; 4. Mutual guilt or where both parties have given ground for legal separation ; 5. Collusion or agreement between 2 spouses by virtue of which one of them will commit or appear to commit or be represented as having committed an offense which constitutes a ground for legal separation ; 6. Prescription of action, or where the action was not filed within 5 years from the time of the occurrence of the cause. III. Effects of filing of petition for legal separation : a. The spouses are entitled to live separately from each other. The wife can already have a residence of her own separate from her husbands residence ; b. The husband has no more rights to have sexual intercourse with his wife and if he forces himself upon her, he can be charged criminally ;

An action for legal separation which involves nothing more than the bed and board separation of the spouse is PURELY PERSONAL. The FC recognizes this in its Article 56 by allowing only the innocent spouse no one else to claim legal separation, while in article 66 provides that the spouses can, by their reconciliation, stop or abate the proceedings and even rescind a decree of legal separation already rendered. Being personal in character, it follows that the death of one party to the action causes the death of the action itself action personalis moritur cum persona

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE (Article 68 -73 )


I. Personal obligations of the spouses to each other : (1) To leave together ; (2) to observe mutual love, respect, and fidelity ; and (3) to render mutual help and support.

The obligation of cohabitation of husband and wife is not

enforceable by contempt proceedings. The reason for this is that cohabitation or jus consortium is purely personal obligation an obligation to do. To compel the spouse to comply with such obligation would be an infringement of her personal liberty in private relations, physical coercion is barred. The only thing that the other spouse could do under the circumstances would be to ask the court to admonish the deserting spouse to return on the ground that under the law, husband and wife are obliged to live together. Another remedy of the aggrieved spouse is economic sanctions, such deserting spouse can be denied support, as expressly recognized by article 127FC. And where the wealth of the deserting spouse renders this remedy illusory, there is no cogent reason why the court may not award moral damages, as it may in cases of breach of other obligations to do intuito personae even if in private relations, physical coercion is barred. As it is the refusal of the spouse to perform his/her duties, his/her denial of consortium and his/her desertion of his/her spouse would certainly constitute a willful infliction of injury upon the spouses feelings in a manner which is contrary to morals, good customs and public policy for which article 21 and 2210(10)NCC authorize an award for moral damages.

PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE General Provisions (Article 74 81 )


I. Marriage Settlement : A marriage settlement is defined as a CONTRACT entered into by persons, who are about to be united in marriage, for the purpose of fixing the condition of the conjugal partnership with regard to present and future property. II. What shall govern the property relations of the spouses ? : 1) By marriage settlements executed before the marriage ; 2) By the provisions of the NCC as amended by FC ; and

3)

By the local customs.

III. Economic system that may be agreed upon by the future spouses : 1) The regime of absolute community ; or 2) Conjugal partnership of gains ; or 3) Complete separation of property ; or 4) Any other regime. Essential features of the above economic systems : 1) Absolute Community of property : - That all property of the spouses, with certain specified exceptions, belong to both husband and wife jointly; - That ante nuptial debts of either spouse shall not be paid from the community, unless the same have redounded to the benefit of the family ; - That debts contracted by both spouses or by one of them with the consent of the other shall be paid from the community ; and - That neither spouse may alienate or encumber any community property without the consent of the other. 2) Conjugal partnership of gains : - That there are certain properties which still belong to each of the spouses exclusively and over which they exercise exclusive ownership and administration ; - that all the fruits of such properties, the income from the work or industry of both spouses during the marriage, and those which they acquire during the marriage by onerous title with conjugal funds shall be placed in a common fund, which shall be divided equally between them or their heirs upon the dissolution of the marriage ; - that the husband, as a rule, shall administer such conjugal properties ; - That, as a rule, such conjugal properties shall be liable only for debts contracted by the husband which have redounded to the benefit of the family, and not for ante nuptial debts, or even for debts contracted during the marriage which have not redounded to the benefit of the family;

They are those donations which are made before the celebration of the marriage, in consideration of the same, and in favor of one or both of the future spouses. Distinctions of donations by reason of marriage and ordinary donations : Donations by reason Ordinary donations of marriage As to Express acceptance As a general rule, acceptance is not necessary. acceptance is necessary. As to extent Both present and Only present future properties properties may be may be donated. donated. As to The grounds for They are provided in revocation revocation are the law of donations. provided by the FC. Requisites of donation propter nuptias : 1) Made BEFORE the CELEBRATION of the marriage ; 2) Made in CONSIDERATION of the marriage ; and 3) Made in FAVOR of one or both of the FUTURE SPOUSES . Grounds for revocation of donations by reason of marriage : As general rule, a donation by reason of marriage is not revocable except in the following cases : 1) If the marriage is NOT CELEBRATED, or JUDICIALLY DECLARED VOID AB INITIO except donations made in the marriage settlements which shall be governed by Article 81 of the FC ; 2) When the marriage takes place WITHOUT the CONSENT of the PARENTS or guardian as required by law; 3) When the marriage is ANNULLED , and the donee ACTED in BAD FAITH ; 4) Upon LEGAL SEPARATION, the donee being the GUILTY SPOUSE ; 5) If it is with a RESOLUTORY conditions and the conditions is COMPLIED WITH ; and 6) When the donee has COMMITTED an ACT OF INGRATITUDE as specified by the provisions of the NCC on donations in general. Note :

That such conjugal properties shall be liable for the expenses of the marriage, and that, as a rule, the husband cannot alienate or encumber such conjugal properties without the consent of the wife.

The above are mere grounds for revocation of donation by reason of marriage, hence, an action for revocation of an action is necessary for the revocation of the donation within the statutory period of prescription, otherwise, the donation would be forever valid. It has always been the constant doctrine in this jurisdiction that only a person who is directly prejudiced by the donation at the time when it was made can subsequently question its validity.

3) Complete separation of property : - that the separation of property may refer to present or future property or both ; - that separation may be total or partial ; - that in the latter case, the property not agreed upon as separate shall pertain to the partnership of gains ; and - that each spouse shall proportionately bear the family expenses . 4) Any other regime : - The future spouses may agree on any other kind of economic regime. The only limitation is that the agreement must not be contrary to law, morals, good customs, public policy or public order.

SYSTEM OF ABSOLUTE COMMUNITY (Article 88-90) CONJUGAL PARTNERSHIP OF GAINS (Article 105 108 )
I. Distinguish separation de facto from abandonment : Separation de facto is the cessation of the cohabitation or common life of the husband and wife under the same roof. Said spouses might still be providing for their mutual duty to support, and their duty to support and maintain the children. While abandonment, is not mere separation in fact. It implies an intention not to return to the conjugal home and to stop complying with the obligation to the family.

DONATIONS BY REASON OF MARRIAGE (Article 82-87)


I. Donations by reason of marriage

marriage settlements. As disposition shares to of The share of each spouse cannot be disposed of even with the consent of the other. It has no juridical personality.

in proportion to their respective contribution. The share of a partner may be disposed of.

As to juridical personality

II. Distinguish Between conjugal partnership and system of absolute community : Conjugal partnership Absolute Community of gains of property
As to basis The exclusive properties of the spouses are kept entirely separate and distinct from the benefits which they acquired during the marriage. This system is not primarily based on mutual trust and confidence between spouses and dose not enhance the presumption of solidarity between them. Each spouse retains his/her properties acquired prior to the marriage but the fruits and income of such properties from part of the conjugal properties during the marriage. The exclusive properties of the spouses are returned upon the dissolution of the partnership and the spouses or their heirs equally divide only the net profits of the partnership. Liquidation will entail identification and return of exclusive properties of the spouses. All properties acquired by the spouses even before marriage become community property. The basis is essentially trust and confidence between spouses which will foster unity between them.

As dissolution

to

The grounds for dissolution are different from the grounds for ordinary partnership.

It has juridical personality which is separate and distinct from that of the partners . Same.

IV. Distinguish conjugal partnership from co ownership : Conjugal Co ownership partnership of gains
As to creation It is created operation of law. by If is created by law, contract, succession, fortuitous event or occupancy. Is the common enjoyment of the thing or right owned in common.

As to property retention

The spouses do not retain any proerty acquired before marriage and all properties they own at the time of marriage become part of the community property. There are no exclusive properties of the spouses to be returned and upon the dissolution of the community property, the spouses or their heirs equally divide the net remainder of the properties of the absolute community. It would be easier to liquidate the community property since its net remainder is merely divided equally between the spouses or their heirs.

As to purpose

As to management

As dissolution

to

The primary purpose of conjugal partnership is to regulate the property relations of husband and wife during the marriage. As general rule, the management is vested to the husband The share of the spouses in the profits are equal unless there is an agreement to the contrary. The spouses cannot disposed of their share even with the consent of the spouses. The spouses cannot demand partition of the conjugal partnership property save by virtue of a judicial order. If one of the spouses dies, partnership is dissolved. Grounds are different from the co owners.

The management is vested to the co owners who represent the controlling interest. The shares of the co owners in the profits or benefits shall be proportional to their respective interests. The co owners can dispose of their shares even without the consent of the other co owners. Each co 0 owner may demand at any time partition of the thing owned in common If one of the co owners dies, the existence of the co ownership is not affected. Same

As to division of profit

As to disposition of share

As to method of liquidation

As power demand partition

to

III Distinguish conjugal partnership and ordinary partnership : Conjugal Ordinary partnership partnership of gains
As to creation As to the laws which govern As to purpose It is created operation of law. As a rule it governed by laws. by is It is created by agreement of the parties. As a rule it is governed by stipulation of the parties. The purpose of the ordinary partnership os speculation or gain. All of the partners are managers unless one or more o them are appointed as managers in the articles of partnership. The shares of the partners in the profits shall depend upon their agreement and in default thereof, shall be

As to effect of death

As to dissolution

As to management

The primary purpose is to regulate the property relations of husband and wife during the marriage. As a general rule, the husband is the administrator of manager.

EXCLUSIVE PROPERTY OF EACH SPOUSE (Article 109-115 )


I. the following shall be the exclusive property of each spouse : a. By direct acquisition : 1) That which is brought to the marriage as his or her own ; and 2) that which each acquires during the marriage by gratuitous titles. b. By substitution :

As to division of profits

The share of the spouses in the profits are equal unless there is an agreement to the contrary in the

1) That which is acquired by right of redemption, by barter or by exchange with property belonging t o only one of the spouses ; and 2) that which is purchased with exclusive money of the wife or of the husband. Capital of the husband : This refer to any property which is brought by the husband to the marriage as his own, or which he acquires during the marriage by lucrative title, or which is acquired by right of redemption, by barter, or by exchange with other property belonging exclusively to him or which is purchased with the his exclusive money. Paraphernal property : This refer to any property which is brought by the wife to the marriage as her own or which she acquires during the marriage by lucrative title, or which is acquired by right of redemption or by barter or by exchange with the other property belonging exclusively to her, or which is purchased with he exclusive money. II. Distinguish Dowry and paraphernal property : Dowry Paraphernal property Dowry is always constituted It refers to all property of the as such. wife not constituted as dowry. It is the presumption. It is the exemption Its ownership may remain with the wife or be transferred to the husband. Its administration is always vested in the husband. Ownership of this property always remains with the wife. Its administration is vested in the wife, unless she transfers it to her husband or tp a third erson in the form prescribed by law. It may be alienated or encumbered by the wife without the consent of her husband. -----------------------------------It can be held liable only for obligations of the husband which have redounded to the benefit of the family.

times considered to be the insured exclusive property. However, the pensions which the insurance company will give to the insured during the marriage are conjugal. Should the spouse of the insured subsequently dies, such pensions which the insured will received from the time of the formers death will again become exclusive property. When a usufruct was granted before the marriage, the right to usufruct itself is the grantees exclusive property, However, the harvests during the marriage are conjugal. Should the spouse of the grantee subsequently die, such harvests will again become the formers exclusive property.

CONJUGAL PARTNERSHIP PROPERTY (Article 116-120 ) The court held that it is not even necessary to prove that
the properties were acquired with funds of the partnership. As long as the properties were acquired by the parties during the marriage, they are presumed to be conjugal.

When the husband before marriage, insured himself with

his estate as beneficiary, then subsequently died. That part of the proceeds of the insurance policy which is covered by the premiums paid out of the conjugal funds are conjugal, but not with respect to that part which is covered by the premiums paid out of the exclusive funds of the insured. The character or nature of the proceeds of the insurance policy will, therefore, depend upon the character of the source of the premiums that were paid.

It cannot be alienated or encumbered by the wife without the consent of her husband. ----- ------- ---- ------ ------------Its fruits can be held liable even for purely personal obligations of the husband.

Where a house is built on separate property of either

spouse at the expense of the conjugal partnership, resulting in increase in value more than the value of the property at the time of the improvement, and the said house then subsequently destroyed prior to the dissolution of the conjugal partnership, the lot would be the exclusive property of the spouse, because under article 120FC ,the entire property shall belong to the conjugal partnership only if the building is still existing at the time of the liquidation of the conjugal partnership. Consequently, if such building is destroyed before such liquidation, the provision is no longer applicable, in which case the lot is still paraphernal. It is now well settled doctrine that payment of the value of the lost can be maid only once the conjugal partnership is dissolved and there is a subsequent liquidation of the conjugal partnership properties, thus the spouse retains the right to the ownership of the lot until it is paid its value. In other words, before the lot is converted or transformed into conjugal property, it is essential that the conditions that is value shall be reimbursed must be complied with, which reimbursement can take place only during the liquidation proceedings. Obviously, compliance with this condition presupposes that the building constructed on the lot is still in existence at the time of liquidation of the conjugal partnership. If the building is destroyed before the condition could be complied with , the said lot never ceased to be paraphernal property.

Note : While it is true that fruits of paraphernal property are conjugal, said fruits can be reached only after liquidation. The wife is the administrator of the paraphernal property. Consequently, while the fruits are unliquidated, they should continue under her management because they are liable for all expenses of administration and preservation. The husbands marital consent is not necessary for registration. Treatment of retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits : The above shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case. Hence, if they are gratuitous, such benefits are generally considered to be exclusive properties of the spouse, and if they are onerous, they are generally considered conjugal properties. While a gratuity is an act of bounty or pure liberality on the part of the donor, a pension is given to the recipient for services rendered. Consequently, a pension must necessarily be classified as conjugal property. When a life annuity is purchased before marriage and the insured shall be receiving a monthly pension for as long as the latter lives, the right to annuity itself is at all

CHARGES UPON AND OBLIGATIONS OF THE CONJUGAL PARTNERSHIP ( Article 121-123 )


Personal obligations incurred by either spouse are not chargeable against the conjugal partnership, unless it can be proved that they have redounded to the benefit of the family.

Benefit need not be qualified into pesos or square meters

of real property. The health and well being of their or both spouses undeniably redound to the benefit of the conjugal partnership

shall be divided equally between husband and wife, unless a different proportion or

of insufficiency of

ADMINISTRATION OF CONJUGAL PARTNERSHIP PROPERTY (Article 125-125 )


The acts of administration over conjugal properties may perform by one of the spouses alone, unlike an act of alienation or encumbrance where the consent of both spouse is required, joint management or administration does not require that the husband and wife always act together.

Even granting that the wife actively participated in

negotiating for the sale of the conjugal properties, her written consent to the sale is required by law for its validity. The wife may have been aware of the negotiation for the sale of their conjugal properties but being merely aware of the transaction is not consent. If the written consent of the other spouse cannot be obtained or is being withheld, the matter may be brought to court which will give such authority if the same is warranted by the circumstances. However, it should be stressed that court authorization under article 124FF is only resorted to in cases where the spouse who does not give consent, is incapacitated. In the absence of showing of the wifes incapacity the court authorization cannot be sought. It has been observed that the very conspicuous absence of the wifes conforme to the disposition of the property, there being no showing that the wife is legally incapacitated renders the sale void ab initio because it is in contravention of the mandatory requirement in article 166 FC.

division was agreed upon in the marriage settlements, or unless there has been voluntary waiver of such share as provided in FC. For purposes of computing the net profits subject to forfeiture in accordance with Article 43 (2), 63 (2) FC, the said profits shall be the increase in value between the market value of the community property at the time of the celebration of the marriage and the market value at the time of its dissolution. The presumptive legitime of the common children shall be delivered upon partition, in accordance with article 51 FC. Unless otherwise agreed upon by the parties, in the partition of the properties, the conjugal dwelling and the lot on which it is situated shall be adjudicated to the spouse with whom the majority of the common children choose to remain. Children below the age of 7 ears are deemed to have chosen the mother, unless the court has chosen otherwise. In case there is no such majority the court shall decide, taking into consideration the best interest of said children.

said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of Article 121 (2par ) FC.

Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them. Unless the owner has been indemnified from whatever source, the loss or deterioration of movables used for the benefit of the family, belonging to either spouse, even due to fortuituous event, shall be paid to said spouse from the conjugal funds, if any.

DISSOLUTION OF CONJUGAL PARTNERSHIP REGIME (Article 126 -128)


I. Causes for termination of conjugal partnership of gains : J - JUDICIAL separation of property during the marriage ; or A - when the marriage is ANNULLED or declared void ; or L - When there is decree of LEGAL separation ; or D - Upon death of either spouse. LIQUIDATION PROCEDURES ABSOLUTE COMMUNITY CONJUGAL PARTNERSHIP ASSETS AND ASSETS AND LIABILITIES LIABILITIES
An Inventory shall be prepared, listing separately all the properties of the absolute community and the exclusive properties of each spouse . The debts and obligations of the absolute community shall be paid out of its assets. In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of Article 94 2nd par FC. Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them. Same

The net remainder of the conjugal partnership properties shall constitute the profits, which shall be divided equally between husband and wife, unless a different proportion or division was agreed upon in the marriage settlements or unless there has been a voluntary waiver or forfeiture of such share as provided in the FC. The presumptive legitimes of the common children shall be delivered upon partition in accordance with article 15 of FC. In the partition of the property, the conjugal dwelling and the lot on which it is situated shall, unless otherwise agreed by the parties, be adjudicated to the spouse with whom the majority of the children choose to remain . Children below the age 0f 7 years are deemed to have chosen the mother unless the court shall decided otherwise. IN case there is no such majority, the court shall decide, taking into consideration the best interests of the children.

Amount advance by the conjugal partnership in payment of personal debts and obligations of either spouse shall be credited to the conjugal partnership as an asset thereof.

Each spouse shall be reimbursed for the use of his or her exclusive funds in the acquisition of property or for value of his or her exclusive property, ownership of which has been vested by law in the conjugal partnership. The debts and obligations of the conjugal partnership shall be paid out of the conjugal assets. In case

Where after the payment of advances made by the wife

The net remainder of the properties of the AC shall constitute its net assets, which

to the partnership, nothing remains in the conjugal partnership properties for the payment of obligations in favor of third persons, the remedy of the creditors is to proceed against the husband and the wife in accordance with the provisions of article 1816 NCC in relations to Article 108 of the FC. The latter article recognizes the suppletory character of the law on partnership in cases not expressly determined in the law on conjugal partnership

of gains. Thus, applying the article 1816, the liability of the husband and the wife is joint and subsidiary. Hence, liability of the husband to the partnership creditors covers of the obligations , while the other half for the wife. In case the conjugal partnership assets are less than the conjugal partnership liabilities at the time of the liquidation of the partnership the surviving spouse and the children shall not be entitled to support.

(3) Among other ascendants and descendants ; and (4) Among brothers and sisters, whether full of half blood .

SEPARATION OF PROPERTY OF THE SPOUSES AND ADMINISTRATION OF COMMON PROPERTY BY ONE SPOUSE DURING THE MARRIAGE (Article 132-142) PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE (Article 147- 148 )
I. When there shall be separation of property? : There can be no separation of property between the spouses during the marriage except by virtue of a judicial order. It is clear, therefore, that the system of complete separation of property shall govern the property relations between the spouses only in the following cases : (1) When it is EXPRESSLY provided for in the marriage settlement ; (2) When it is DECREED by a competent court ; and (3) Mandatory regime of complete separation of property. II. Two classes of union without marriage : (1) When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage ; and (2) In cases of cohabitation not falling above, these cases refer more particularly where a man and a woman who are not capacitated to marry each other live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage. Actual joint contribution ; presumption of equality of contribution : Under article 148 Fc requires that there must be showing of the proof of actual joint contribution by both the live in partners before the property becomes c o owned by them in proportion to their contribution ; the presumption of equality of contribution arises only in the absence of proof of their proportionate contributions, subject to the condition that actual joint contribution is proven first. Simply put, proof of actual joint contribution by both parties is required, otherwise there is no co ownership and no presumption of equal sharing.

The rule states that no suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made but that the same have failed. If it is shown that no such compromise were in fact made, the case must be dismissed. EXCEPT, those cases which may not be the subject to compromise 1. 2. 3. 4. 5. 6. The civil status of persons ; the validity of a marriage or legal separation ; Any ground for legal separation ; Future support ; The jurisdiction of courts ; and Future legitime.

III. Family Home : The family home is constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they and their family reside and the land on which it is situated. The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. From the time of its constitution and so long as any of its beneficiaries actually reside therein, the family home continues to be such. While under article 155FC, the family home shall be exempt from execution, forced sale or attachment, it may not be so exempt for : LIST

a) Non payment of TAXES ; b) Debts INCURRED PRIOR to the constitution of


the family home ;

c) Debts SECURED by MORTGAGES on the


premises before or after such constitution ; and

d) Debts due to LABORERES, MECHANICS


,ARCHITECTS, BUILDERS, MATERIAL MEN and others who have rendered service or furnished material for the construction of the building.

The law explicitly provides that occupancy of the family home either by the owner thereof or by any of its beneficiaries must be actual. That which is actual is something real, or actually existing, as opposed to something merely possible , or something which is presumptive or constructive. Actual occupancy, however, need not specifically be by the owner of the house. Rather, the properties may be occupied by the beneficiaries enumerated by Article 154. Under the latter provision , it may include the in laws, but the law definitely excludes maids and overseers. They are not beneficiaries contemplated by the Code. Consequently, occupancy of a family home by an overseer is insufficient compliance with the law. The reason of the law for providing that a family home constituted after a debt had been incurred is not exempt from execution is to protect the creditor against a debtor who may act in bad faith by resorting to such declaration just to defeat the claim against him. If the purpose is to protect the creditor from fraud it would be immaterial if the debt incurred be undisputed or inchoate, for a debtor acting in good faith would prefer to wait until his case is definitely decided before constituting the family home.

THE FAMILY AS AN INSTITUTION THE FAMILY HOME (Article 149 -162 )


I. Family : It may be defined as a natural and social institution founded on the conjugal union, binding together the individuals composing it, for the common accomplishment of the individual and spiritual ends of life, under the authority of the original ascendant who heads it . II. Family relations include those (1) Between husband and wife ; (2) Between parents and children ;

PATERNITY AND FILIATION


LEGITIMATE CHILDREN
I. Paternity : :

is the civil status of a father in relation to the children begotten by him. In its generic sense, it is also used to designate the civil status of a mother in relation to the children begotten by her. II. Filiation : Is the civil status of a child in relation to its father or mother. Kinds of filiation of children under the FC : 1) By nature ; a. legitimate ; and b. illegitimate 2) By adoption III. Legitimate children : (a) Those conceived or born during the marriage of parents ;

I. Establishment of legitimacy : (1) The RECORD OF BIRTH appearing in the civil register or final judgment ; or (2) ADMISSION of legitimate filiation in a PUBLIC DOCUMENT or PRIVATE HANDWRITTEN INSTRUMENT and SIGNED by the parent concerned. In the ABSENCE OF THE FOREGOING, legitimate filiation shall be proved by : (1) The OPEN AND CONTINUOUS possession of the status of a legitimate child ; or (2) Any OTHER MEANS allowed by the Rules of Court and special laws.

To establish filiation under the second paragraph, the plaintiff has to hurdle the high standard of proof. For the success of an action to establish illegitimate filiation under the second paragraph, a high standard of proof is required. Specifically, to prove open and continuous possession of the status of an illegitimate child, there must be evidence of the manifestation of the permanent intention of the supposed father to consider the child as his, by continuous and clear manifestations of parental affection and care, which cannot be attributed to pure charity. Such acts must be of such a nature that they reveal no only the conviction of paternity, but also the apparent desire to have and that the child as such in all relations in society and in life, not accidentally, but continuously. By CONTINUOUS is meant UN interrupted and CONSISTENT , but does not require any particular length of time.

(b) Those conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor, provided that both of tem authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child, which instrument shall be recorded in the civil registry together with the birth certificate of the child ; (c) Those conceived or born before the judgment of annulment or absolute nullity of the marriage under article 36 FC has become final and executory; and (d) Children conceived or born of the subsequent marriage under Article53 FC. IV. Illegitimate children : (a) Children conceived or born outside a valid marriage, unless otherwise provided in this code ; and (b) Children born of void marriages under article 35, 37, and 38.

Grounds for impugnation of the legitimacy of a child : BIA (1) That is was PHYSICALLY IMPOSSIBLE for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of a. The PHYSICAL INCAPACITY of the husband to have sexual intercourse with his wife ; b. The fact that the husband and wife were LIVING SEPARATELY in such a way that sexual intercourse was not possible ; or c. SERIOUS ILLNESS of the husband, which absolutely prevented sexual intercourse .

The STANDARD OF PROOF REQUIRED to establish ones filiation, is FOUNDED on the principle, that an order for recognition and support may create an unwholesome atmosphere or may be an irritant in the family or lives of the parties, so that it must be issued only if paternity or filiation is established by clear and convincing evidence. The due recognition of an illegitimate child in a record of birth , a will, a statement before a court of record, or in any authentic writing is, in itself, a consummate act of acknowledgment of the child, and no further court action is required. Any authentic writing is treated not just a ground for compulsory recognition. It is in itself a voluntary recognition that does not require a separate action for judicial approval. However, where a claim for recognition is predicated on other evidence merely tending to prove paternity, i.e. outside of a record of birth, a will, a statement before a court of record, or an authentic writing judicial action within the applicable statute of limitations is essential in order to establish the childs acknowledgment.

(2) That it is proved that for BIOLOGICAL or OTHER


REASONS, the child would not have been that of the husband, except in the instance conceived as a result of artificial insemination ; or

(3) That in case of children conceived through


ARTIFICIAL INSEMINATION, the WRITTEN AUTHORIZATION or RATIFICATION of either parent was obtained through MISTAKE, FRAUD, VIOLENCE, INTIMIDATION OR UNDUE INFLUENCE. DISTINCTION OF STERILITY AND IMPOTENCY : Sterility is the inability to procreate, while impotency is the physical inability to copulate.

Jurisprudence is strongly settled that the paramount declaration of legitimacy by law cannot be attacked collaterally, one that can only be repudiated or contested in a direct suit specifically brought for that purpose.

ILLEGITIMATE CHILDREN
I. The following are the complete list of illegitimate children : 1. Children born of couples who are NOT LEGALLY MARRIED or of COMMON LAW marriages ; 2. Children born of INCESTUOUS marriage ; 3. Children born of BIGAMOUS marriage ;

PROOF OF FILIATION

4. 5. 6. 7.

Children born of ADULTEROUS RELATIOS between the parents ; Children born of marriages which are VOID for reasons of PUBLIC POLICY ( Article 38 ); Children born of couples BELOW 18, whether they are married or not ; and Children of OTHER VOID MARRIAGES under article 35FC

be considered illegitimate, are by fiction considered legitimate, it being supposed that they were born when their parents are already married. REQUISITES FOR THE CHILD TO BE LEGITIMATED : (1) The child was conceived and born outside of wedlock ; (2) At the time of the conception of the child, the parents were not disqualified by any impediment to marry each other ; (3) The parents must subsequently enter into a valid marriage . Legitimation may be impugned only by those whoa re prejudiced in their rights, within 5 years from the time their cause of action accrues, that is, from the death of the putative parent.

The recognition of an illegitimate child by the father would be a ground for ordering the latter to give support to, but not the custody of the child. The law explicitly confess to the mother sole parental authority over an illegitimate child. It follows that only if the mother defaults can the father assume custody and authority over the minor. REPUBLIC ACT 9255 : Approved by the President on February 24, 2004, amending article 176 FC, which provides that illegitimate children may now use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public documents or private handwritten instrument is made by the father. Provided, however, that the father has the right to institute an action before the regular courts to prove non filiation during his lifetime. II. Establishment of illegitimate filiation : Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. The action must be brought in the same period specified in Article 173FC, except when the action is based on the second paragraph of Article 172 FC, in which case the action may be brought during the lifetime of the alleged parent. Hence, if the action is based on open and continuous possession of the status of illegitimate child, or is based on any other means allowed by the Rules Court and special laws, the action must be brought during the lifetime of the alleged parent. The intent of the law is to give the alleged parent the chance to affirm or contest the filiation of the child. The last paragraph of Article 283 contains a blanket provision that practically covers all other cases in the preceding paragraph of the article, any other evidence of proof that the defendant is the father is broad enough to render unnecessary the other paragraph of this article. When the evidence is submitted in the action for compulsory recognition is not sufficient to meet the requirements of the first three paragraphs, it may still be enough under the last paragraph. This paragraph permits hearsay evidence as provided in the Rules of Court with respect to illegitimate filiation. While an illegitimate child of a woman is allowed to bear the surname of its stepfather without the benefit of adoption, a legitimate child had by prior marriage ay not. To allow said child to adopt the surname of its mothers second husband, who is not its father, could result in confusion as to its paternity. It could also creat the suspicion that the child who was born during the coverture of the mother with the first husband was in fact sired by the second husband, thus, bringing its legitimate status into discredit. It would create more troubles than solving them.

ADOPTION
I. Adoption : It may be defined as the juridical act which creates between 2 persons a relationship similar to that which results from legitimate paternity and filiation. Nature of adoption proceedings : Adoption proceedings are judicial, not administrative. They are more particularly described and discussed in Article 32-38 of PD 603, the only provisions which have not been repealed by the FC and the RA 8552 ( An act establishing the Rules and policies on the Domestic Adoption of Filipino children and for other purposes approved on February 25, 1998. II. Who may adopt?: 1. Any Filipino citizen, of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least 16 years older than the adoptee and who is in position to support and care for his/her children in keeping with the means of the family.

The requirement of 16 year difference between the age of the adopter and the adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptees parent.

2. Any alien possessing the same qualifications of


Filipino citizen above. Provided, that his/her country has diplomatic relations with the Republic of the Philippines, that he/she has been living in the Philippines for at least 3 continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered, that he/ she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country, and that his/her government allows the adoptee to enter his/her country as his/her adopted child. Provided further, that the requirements on residency and certification of the aliens qualification to adopt in his/her country may be waived for the following:

LEGITIMATED CHILDREN
I. Legitimate children : Are children who, because of the subsequent marriage of their parents to each other are, by legal fiction, considered legitimate. Legitimation is a remedy by means of which those who, in fact were not born in wedlock and should therefore

a) A former Filipino citizen who seeks to


adopt a relative within the fourth degree of consanguinity or affinity ; b) One who seeks to adopt the legitimate child of his/her Filipino spouse ; or c) One who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth degree

of consanguinity or affinity of the Filipino spouse.

3. The guardian with respect to the ward after the


termination of the guardianship and clearance of his/her financial accountabilities .

The fact that the adoption would result in a dual relationship between the parties should not prevent the adoption. One by nature, while the other by legal fiction. Effects of adoption : a) Except in cases where the biological parent is the spouse of the adopter, all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the adopter ; b) The adoptee shall be considered the legitimate child of the adopter for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate children born to them without discrimination of any kind. To this end, the adoptee is entitle to love, guidance and support in keeping with the means of the family; and c) In legal and intestate succession, the adopter and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation.. However, if the adoptee and his /her biological parents has left a will , the law on testamentary succession shall govern.

Husband and wife shall JOINTLY adopt, except in the following cases : LIL

a) If one spouse seeks to adopt the legitimate


child of the other ; or

b) If one spouse seeks to adopt his/her own


illegitimate child; Provided, however, that the other spouse signified his/her consent thereto; or If the spouses are legally separated from each other.

c)

In case husband and wife jointly adopt, or one spouse adopts the illegitimate child of the other, joint parental authority shall be exercised by the spouses. III. Who may be adopted ?:

1.
2. 3. 4.

5. 6.

Any person below 18 years of age who has been administratively or judicially declared available for adoption ; The legitimate child of one spouse by the other spouse ; An illegitimate child by a qualified adopter to improve his/her status to that of legitimacy ; A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter as his/her child since minority ; A child whose adoption has been previously rescinded ; or A child whose biological or adoptive parents had died, provided, that no proceedings shall be initiated within 6 months from the time of death of said parents.

Consent necessary in adoption proceedings : a) The adoptee, if 10 years of age or over ; b) The biological parent(s) of the child, if known, or the legal guardian or the proper government instrumentality which has legal custody of the child ; c) The legitimate and adopted children, 10 years of age or over, of the adopter(s) and adoptee, if any ; d) The illegitimate children, 10 years of age or over of the adopter if living with said adopter and the latters spouse, if any; and e) The spouse, if any, of the person adopting or to be adopted. The essential requisites for a valid and effective adoption :

Rules that govern the legal or intestate succession to the estate of the adopted : a) Legitimate and illegitimate and children and descendants and the surviving spouse of the adopted shall inherit from the adopted in accordance with the ordinary rules of legal or intestate succession ; b) When the parents, or the legitimate ascendants of the adopted concur with the adopters, they shall divide the entire estate, to be inherited by the parents or the legitimate ascendants and the other half by the adopters ; c) When the surviving spouse or the illegitimate children of the adopted concur with the adopters, they shall divide the entire estate in equal shares, to be inherited by the surviving spouse or by the illegitimate children, and the other half by the adopters ; d) When the adopters concur with the illegitimate children and the surviving spouse, they shall divide the entire estate in equal shares, 1/3 by the illegitimate children, another 1/3 by the surviving spouse, and the other 1/3 by the adopters; e) When only the adopters survive, they shall inherit the entire estate ; and f) When only collateral blood relatives of the adopted survive, then the ordinary rules of legal or intestate succession shall apply. IV. Grounds for rescission of the adoption by the adopted : 1. Repeated physical and verbal maltreatment by the adopters , despite having undergone counseling ; 2. Attempt on the life of the adoptee ; 3. Sexual assault or violence ; or 4. Abandonment and failure to comply with parental obligations.

a) The adopter must be of legal age

; b) He must be in possession of full civil capacity and legal rights ; c) He must be in a position to support and care for his children by nature, whether legitimate, legimated, or illegitimate, in keeping with the means, both material and otherwise , of the family ; d) He must be at least 16 years older than the person to be adopted, unless he is the parent by nature of the adopted, or is the spouse of the legitimate parent of the person to be adopted ; e) The person to be adopted must not be prohibited by law from being adopted; f) The written consent of those who, according to law, shall be necessary, must be secured ; and g) A judicial decree of adoption must be secured.

The adopter(s) cannot ask for the revocation of the adoption. Adoption, being in the best interest of the child, shall not be the subject to rescission by the adopter(s). However, the adopter(s) may disinherit the adoptee for cause provided in article 919 of the NCC. 1. Effects of rescission of adoption : The parental authority of the adoptees biological parents, if known, or the legal custody of the DSWD shall be restored if the minor is still a minor or incapacitated . The reciprocal rights and

obligations of the adopter(s) and the adoptee to each other shall be extinguished ; 2. The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her original birth certificate ; Successional rights shall revert to is status prior to adoption, but only as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected ; and All the foregoing shall be without prejudice to the penalties imposable under the Pneal Code if the criminal acts are properly proven.

(h) Ability of the supporting spouse to give


support, taking into account that spouses earning capacity, earned and unearned income, assets and standard of living ; and Any other factor the court may deem just and equitable .

(i)

3.

4.

4.

The Family Court may direct the deduction of the provisional support from the salary of the spouse .

It is settled that if an alien adopts a Filipino child, our NCC cannot confer on the child the nationality of the adopter. This would be a matter of foreign law. The Department of Justice has rule on several occasions that this country, adoption does not operate to change the nationality of the adopted child since adoption is not one of the modes of losing Philippine citizenship as provided for under Section 1 of CA no. 63, as amended. Hence, Filipino child adopted by an alien retains his citizenship unless he acquires the nationality of the adopter through any of the means under the adopters national law.

The common children of the spouses shall be supported from the properties of the absolute community or the conjugal partnership. Subject to the sound discretion of the court, either parent or both may be ordered to give an amount necessary for the support, maintenance, and education of the child. It shall be in proportion to the resources or means of the giver and to necessities of the recipient. In determining the provisional support, the court may likewise consider the following factors : (a) the financial resources of the custodial and non custodial parent and those of the child ; (b) the physical and emotional health of the child and his or her special needs and aptitudes ; (c) the standard of living the child ha been accustomed to ; (d) the non monetary contributions that the parents will make toward the care and well being of the child. The Family Court may direct the deduction of the provisional support from the salary of the parent.

SUPPORT
(Article 194 208 )
Rule on Provisional Orders March 15, 2003 : The court upon receipt of a verified petition for declaration of absolute nullity of a void marriage or for annulment of a voidable marriage, or for legal separation, and at any time during the proceeding, motu proprio or upon application under oath of any of the parties, guardian or designated custodian, may issue provisional orders and protection orders with or without hearing. These orders may be enforced immediately, with or without bond, and for such period and under such terms and conditions as the court may deem necessary. In determining support for the spouses, the court may be guided by the following rules :

PARENTAL AUTHORITY
(Article 209-215 )
I. Parental authority : It is defined as the mass of rights and obligations which parents have in relations to the persons and property of their children until their emancipation, and even after this under certain circumstances . When parental authority and obligation be renounced and transferred ?: (a) adoption ; (b) guardianship ; and (c) commitment of the child in entities or institutions engaged in child care or childrens home duly accredited by the proper government agency. Who shall exercise parental authority, in case of absence, death , remarriage or separation of the parents : The court may award provisional custody in the following order of preference (1) To both parents jointly ; (2) To either parent taking into account all relevant considerations under the foregoing paragraph, especially the choice of the child over 7 years of age, unless the parent chosen is unfit ; (3) To the surviving grandparents, if there are several, the chosen grandparent by the child over 7 years of age and of sufficient discernment, unless the grandparent is unfit or disqualified ; (4) To the eldest brother or sister over 21 years of age, unless he/she is unfit or disqualified ; (5) To the childs actual custodian over 21 years of age, unless unfit or disqualified ; or (6) To any other person deemed by the court suitable to provide proper care and guidance for the child.

1. In the absence of adequate provisions in a


written agreement between the spouses, the spouses may be supported from the properties of the absolute community or conjugal partnership.

2. The court may award support to either


spouse in such amount and for such period of time as the court may deem just and reasonable on their standard of living during the marriage. 3. The court may likewise consider the following factors whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment ; The time necessary to acquire sufficient education and training to enable the spouse seeking support to find appropriate employment, and that spouses future earning capacity ; The duration of the marriage ; The comparative earning abilities in the labor market ; The needs and obligations of each spouse ; The contribution of each spouse to the marriage , including services rendered in home making, child care, education and career building of the other spouse ; The age and health of the spouses ;

(a)

(b)

(c) (d) (e) (f)

(g)

SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY (Article 216 219 )


I. Substitute parental authority : (a) The surviving grandparent ; (b) the oldest brother or sister, over 21 years of age, unless unfit or disqualified ; and (c) the childs actual custodian, over 21 years of age unless unfit or disqualified. II. Special parental authority : (1) The school, its administrators and teachers ; or (2) The individual , entity or institution engaged in child care shall have special parental authority and responsibility over the minor while under their custody, supervision, instruction or custody. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. 1. Liabilities for damages : Those given special parental authority Shall be principally and solidarily liable for damages caused by the acts or omission of the unemancipated minor while under their custody, supervision or instruction. The parents, guardian or those exercising substitute parental authority Shall be subsidiarily liable. However, to be liable, there must be a finding that the act or omission considered as negligent was the proximate cause of the injury caused because the negligence must have a connection to the accident. Thus, the above shall not be applied, if its proved that they exercised the proper diligence required under the particular circumstances .

3. As to susceptibility to criminal liability by reason of minority, we have the so called youthful offender ( article 189 203 - read ). Proper and reasonable causes for change of name : 1. The name is ridiculous, tainted with dishonor, or extremely difficult to write or pronounce ; 2. when the request for change is a consequence of a change of status, such as when the natural child is acknowledged or legitimated ; and 3. when the change is necessary to avoid confusion ; 4. It may be added, when justice dictated that a person should be allowed to improve his social standing as long as in doing so, he does not cause prejudice or injury to the interests of the State or of third persons. Different stages of absence Provisional absence ; When a person disappears from his domicile, his whereabouts being unknown, without leaving an agent to administer his property . 1. Requisites : a. that the absentee should have disappeared from his domicile ; b. that his whereabouts are not known ; c. that he did not leave any agent to administer his property ; and d. the appointment of a representative in connection with such property is urgent or necessary. 2. Declared absence ; and When a person disappears from his domicile, and 2 years have elapsed without any news about him or since the receipt of the last news, or 5 years have elapsed in case he left a person to administer his property. Requisites : a. b. That the absentee should have disappeared from his domicile ; That his whereabouts are not known ; and That he has been absent without any news for 2 years, if nobody was left to administer his property, or 5 years if somebody was left to administer such property .

2.

OTHER PROVISIONS
A person may validly grant to a licensed physician, surgeon, known scientist, of any medical or scientific institution authority to detach at any time after the grantors death any organ of the latters body and to utilize the same for medical, surgical or scientific purposes . The grant must be 1. in writing ; 2. specify the person to whom or the institution to which the grant is given ; 3. specify the organ to be detached; 4. specify the use or uses ; and 5. be signed by the grantor and two disinterested witnesses. Different special categories of children under PD 603: 1. As to lack of inadequacy or parental care, the child may be either dependent, abandoned or neglected (Art 141-167 read ) ; 2. As to subjective defect or disability, the child may be mentally retarded, physically handicapped, emotionally disturbed or mentally ill ( Art. 168-188 - read ) ; and

c.

3.

Presumptive death When the absentee is presumed dead. (read article 390 NCC )