PFR: MIDTERMS REVIEWER

CONSTITUTIONAL FOUNDATIONS OF FAMILY LAW

Article II, (12) Article II (14) Article XV Article III (1)
The Constitution protects
the sanctity of the family,
and shall protect the mother
and the unborn child from
conception.
The Constitution recognizes
and supports the role of
women in Nation building.
The State has an interest in
protecting the family as the
basic foundation of society,
at marriage as an inviolable
social institution.
The right to due process of
law is constitutionally
guaranteed. Laws must
demonstrate a fit between
compelling state interest
and the means theyll
employ.
Civil Persons and Personality
Civil Persons
re entities legally susceptible to
rights and obligations. !Tolentino"
NCC 37
#as $uridical Capacity, the capability
to en%oy rights.
#as Capacity to ct, the capability to
e&ercise such rights, which may be
lost.
2 TYPES OF PERSONS
Relevant Provisions Natural Juridical Relevant Provisions
NCC 4 c'uires personality
through birth.
rtificial entities formed by
individuals with a common
purpose.
NCC 44
NCC 41
(irth is defined as being
alive upon complete
delivery from the mother.
)ay be*
+" The State and its
political subdivisions
," -ublic Corporations
." -rivate Corporations
/etuses below 0 months of
age must survive ,1 hours
outside the womb,
otherwise they are not
considered persons.
re sub%ect to self
regulation !company and
administrative charters" and
state regulations !applicable
laws".
NCC 4!
NCC 42 2nds at 3eath, along with
all rights and obligations.
)ay incur Criminal and civil
liabilities and hold property.
NCC 4"
NCC 43
4f theres doubt as to
whether a person died
before another, and both
are to succeed each other,
they are assumed to have
died at the same time in the
absence of proof to the
contrary.
Sub%ect to 3issolution,
either voluntarily or through
law !i.e. acts of congress for
public corporations,
e&piration under corporate
law"
NCC 4"
#uccession Accordin$ to
Rules o% Court
123
+" 4f both 5+6, then the
older survived
," 4f both 789, then the
younger survived
." 4f one 5+6 and the
other 789, the former
survived
1" 4f both are between +6
and 89, and se&es are
different, the male
survived, of se&es are
the same, the older
survived.
6" 4f one is either 5+6 or
789, and the other
between those ages,
the latter survived.
ssets of dissolved
$uridical -ersons are to be
disposed of according to
law.
NCC47
RESTRICTIONS ON CAPACITY TO ACT AND EFFECTS ON CONTRACTS
Restri!tions En"#erated in NCC $% &'(&)% insolven!y and tr"stees*i+ not in!l"ded ,"t na#ed in t*e la-.
&'e (eneral Rules)
NCC /&)0 and /10&2 Contracts where one !+.:9" or both !+19." parties are incapable of action are voidable in the former and unenforceable in the latter.
NCC &'2 -eople covered by the restrictions listed below are not e&empt from certain obligations arising from property relations.
NCC /&)32 ctions for annulment may be instituted by the principals in the contract and its subsidiaries. Those with capacity to act may not plead the incapacity of a party to the
contract.
NCC /&))2 Those who are without capacity not obliged to provide restitution in their contracts, e&cept for when they have benefited from said contracts.
*aivers +inorit, Insanit, -ea%.+utes Prodi$alit, Civil Interdiction /a0il, Relations A1sence
*'o Are
Covered
NCC "*
;ights may be
waived, unless they*
+" <iolate law
," 3isrupt -ublic
=rder
." 3isobey -ublic
-olicy
1" Counteract good
morals
6" -re%udice a third
person
RA "23)
)inors are people below
the age of +>
NCC 1327)
Covers ?n@emancipated
)inors, obsolete due to
;8>9:.
NCC 1327
4nsane people
cannot consent
to contracts.
NCC 1327
These
people
cannot
consent to
contracts if
illiterate.
Rules o% Court,
32(2)
-rodigals are
considered
incompetents and
sub%ect to
guardianship.
NCC 32
Civil interdiction is a
restriction on
capacity to act.
NCC .:9
bsence for 0 years
e'uals presumption
of death for all
purposes save
succession, which is
open after +9 years
of absence.
NCC .:+*
1 years absence will
suffice for*
+" Those lost at
sea
," Lost during
flight
." Lost during war
1" Lost and near@
death
*'at Are
&'e 4%%ects
NCC 1423
)inors must pay for
necessaries delivered and
sold to them.
NCC 142".1427
Ahen minors enter into
contracts without
parentalBguardians
consent, and they either
pay for goods or return
their goods received, they
may not demand to have
such paymentBreturned
goods bacC.
RPC 12, "2)
)inority may e&empt from
or mitigate criminal liability,
and minors are entitled to
lesser penalties.
NCC 1322
Contracts
entered into
during lucid
intervals are
valid, those
entered into
during
hypnosis or
drunCenness
are voidable.
NCC 22
)ay not
witness to
wills.
NCC 27
)ust, if
testator to a
will, read the
said will
personally or
be read its
contents by
two persons.
Rules o% Court,
32(2)
-rodigals may not
administer to their
property nor taCe
care or
themselves.
NCC 123
)arriage
settlements 'ill
re'uire the
intervention of a
guardian.
RPC 34
)arital, parental,
guardianship, and
property rights are
deprived from those
under civil
interdiction.
NCC 143
-rescription does
not run between
spouses.
NCC 143
Spouses cant sell
to each other.
/C 37 and 27) LooC
under )arriages
/C 21!
=ne is not
compelled to testify
against ascendants
or descendants
unless the offense
was against ones
self or a parent.
/C 124
C-D may be
administered by the
spouse present but
not dissolved or
encumbered.
MARRIA4E
-remarital Controversy* -remarital greements
NCC 13 NCC 21 NCC 2 NCC 217"
greements are done with consideration to
%ustice, honesty, and in good faith.
willful breach of agreement leading to
damages re'uires the guilty party to
provide compensation
4f breached willfully or negligently, the guilty
party must indemnify the other
Aillful acts or omissions leading to
damages are 'uasi@delicts and re'uire
compensation.
+arria$e -e%ined (/C 1, +e0ori5e)
)arriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of con%ugal and family life. 4t is the
foundation of the family and an inviolable social institution whose nature, conse'uences, and incidents are governed by law and not sub%ect to stipulation, e&cept that marriage
settlements may fi& the property relations during the marriage within the limits provided by this Code.
Re6uisites o% +arria$e)
4##4N&IA7 (/C 2) /8R+A7 (/C 3)
+. Legal Capacity of both parties
/C !* )ale and female, both +> and up.
!N(* /C 14 re'uires parental consent for parties +>@,+ and /C 1! re'uires parental
advice for parties ,+@,6"
,. Consent /reely Diven
+" uthority of the solemnizing officer
," valid marriage license
." marriage ceremony with*
@ (oth parties present
@ (efore the solemnizing officer
@ Seen by , or more witnesses of legal age.
@ Aith personal declaration of each other taCing their partner as husbandBwife.
NCC 17* /ormal re'uisites follow the country of e&ecution of the contract.
)arriage follows NCC +0, but for essential re'uisites -hilippine law is always honored.
/C 4) bsence of either re'uisite render marriages void. 3efects in 2ssential re'uisites maCe a marriage void, while defects in formal re'uisites merely maCes one voidable.
NCC 22) )arriage and family life are presumed e&istent until proven otherwise.
/or0al Re6uisites 49:lored
1; #ole0ni5in$ 8%%icers
*'o +a, #ole0ni5e< (/C 7) Re6uire0ents &o #ole0ni5e)
+. )embers of the $udiciary 4ncumbent, Aithin $urisdiction
,. ;eligious =fficers @3uly ;egistered with the Local Civil ;egister
@uthorized to solemnize within the congregationBreligion
@Shares religion with at least one of the contracting parties.
.. Ship Captains and irplane Chiefs /C 31
@t least one party is in articulo mortis !near@death"
@llowed also in stopovers and ports of call.
1. )ilitary Commanders /C 32
@t least one party is in articulo mortis
@The unit has a chaplain assigned, albeit absent.
@pplies to civilians and military personnel aliCe within the zone of operations
6. Consul Denerals, Consuls, <ice Consuls /C 1
@(oth parties are /ilipinos abroad.
!N(* The Consular =fficer will liCewise assume the issuance of the )arriage License and
registration of the marriage in the Local Civil ;egister"
2; +arria$e 7icenses) Re6uire0ents and Procedure
#=orn A::lication (/C 11) -ocu0entar, Re6uire0ents -uties 8% &'e 7ocal Civil Re$istrar 49ce:tions
Ea!* Party -ill s",#it a s-orn
a++li!ation to t*e Lo!al Civil Re5istrar
-it* t*e 6ollo-in5 details2
+. /ull Name
,. -lace of (irth
.. ge and 3ate of (irth
1. Civil status
6. #ow, Ahen, Ahere any previous
marriages were annulledBdissolved.
8. -resent residence and citizenship
0. 3egree of relationship between parties
>. /ull Name, residence, and citizenship of
father
:. Same, for the mother
+9. Same, for the guardian, if the applicant
is below ,+ and parentless
Proo6s O6 A5e FC /2. P",li! Noti!e FC /3. Marria5es O6 E7!e+tional C*ara!ter
+. =riginal or Certified True Copy of the
(irth Certificate
,. 4f the above is unavailable, the original
or certified true copy of the (aptismal
Certificate
.. 4f neither of the preceding are available,
a ;esidence Certificate or ffidavit of ,
witnesses
.49ce:tions.
+. Ahen the parties parents come and
swear to the ages of their children
before the Local Civil ;egistrar
,. 4f upon personal observation the
;egistrar deems the couple of age
/C 13
4f one party was previously married, in
which case he must prove its dissolution
The registrar will post a notice of the
marriage*
@/or +9 days
@Containing the names and residences of
the parties
@;e'uesting interested parties who Cnow of
legal impediments to the union to please
come up and be noticed.
/C 27
=ne or both parties are in articulo mortis.
/C 22
=ne or both parties lives too far away from
the Local Civil ;egistrar.
/C 23 and 3)
4n the above@mentioned cases, the
solemnizing officer must presentBe&ecute
attesting to the e&ceptional circumstances
of the marriage and send the original
affidavit and original marriage contract to
the local civil registrar within .9 days of the
marriage.
/C 33
)arriages where both parties are muslims.
/C 34
Couples living together as husband and
wife for at least 6 years, unmarried yet
without legal impediment.
Cases *'ere Parental Consent 8r
Advice Is Needed (/C 1")
W*en I#+edi#ents Arise FC /'.
The solemnizing officer must prepare a
certificate indicating that the parties have
gone through marriage counseling.
@The license will issue anyway unless*
7Stopped by court
7Stopped by an interested party
@Said impediments will be reflected in the
marriage application, not the license
Ot*er D"ties
/C 24
@To prepare documents and administer
oaths concerning marriage
/C 2!
@To file all marriage applications by order of
received, and to record the applicants
names, dates of issuance of license, et al.
4%%ectivit, 8% &'e +arria$e 7icense
*'o +a, Issue >o= 7on$ Is It Valid Re6uire0ents /or /orei$ners
/C 3
@Local Civil ;egistrar
/C 1
/C 2
+,9 days from issuance
-roof of Capacity to marry taCen from their respective
diplomatic or consular officials.
@Consular =fficers
&8 T*e Marria5e Certi6i!ate and Cere#ony
&'e +arria$e Certi%icate &'e +arria$e Cere0on,
/C 22)&'e +arria$e Certi%icate Indicates &'e /ollo=in$)
+.Name, ge, Se& of parties
,.Citizenship, ;esidence, ;eligion of -arties
..4ndication that the )arriage License was 4ssued
1.3ateBTime of )arriage
6.Show that -arental Consent was secured
8.Show that -arental dvice was secured
0.)arriage Settlements
/C 23)-uties o% &'e #ole0ni5in$ 8%%icer
+.To give the original Certificate to either of the contracting parties
,.To send duplicat8e and triplicate copies of the Certificate to the Local Civil ;egistrar
within +6 days, which the registrar will issue receipt for
..The Solemnizing officer shall retain 'uadruplicate copies of the*
@)arriage Certificate
@=riginal )arriage License
@/or marriages not solemnized publicly according to /C >, affidavits of the contracting
parties to the solemnization
/C ") &'e Issue 8% Reli$ious Rites
Theres no prescribed religious rite for marriage. The contracting parties must appear
before the solemnizing officer and swear their oaths in the presence of , witnesses of
legal age.
/C 2) Cere0onies +ust ?e Pu1lic
Ceremonies are to be held in these places, unless the marriage is of exceptional
character:
+.Church
,.$udges Chambers
..=pen Court
1.Consular =ffice
9OID AND 9OIDA:LE MARRIA4ES
(eneral Rules)
Void Voida1le
7e$al 4%%ect none Legal until annulled
Rati%ication Cannot ratify ;atified
Prescri:tion none 6 years of cohabitation, e&cept for -hysical 4ncapacity or
presence of ST3
Attac@ Collateral or 3irect 3irect
*'o +a, Attac@ ny 4nterested -arty Spouses
#tatus 8% C'ildren 4llegitimate Legitimate
Custod, o% C'ildren Aith mother (elow 0, mom
bove 0, childrens choice is considered
CP(AACP none 2&ists until attacCed
9OID AND 9OIDA:LE MARRIA4ES
Void +arria$es
4%%ects
(rounds *'o /iles *'en Prescri1ed
/C 3!)
An,
Interested
Part,
/C 33) /C !
/inal $udgment provides for*
@Li'uidation, partition, and distribution of properties.
@Support of children and delivery of their presumptive legitimes.
@Creditors will be told of li'uidation.
/C !1
-resumptive Legitimes*
@re computed from time of %udgment
@3elivered in cash, property, or sound securities unless otherwise mutually agreed upon in court
@Children and their guardians may demand their share
These cannot pre%udice the childrens succession rights, and are counted as advances on their
legitimes.

+. Contracted below +>
years of age
,. Solemnized without
authority of Solemnizing
=fficer, unless parties
acted in good faith
.. (igamous or
-olygamous unions
established without
establishing the
absence of the previous
spouse
1. )istaCen identity
between contracting
parties
6. Subse'uent
)arriages following
4mproper annulment
@Never
!N(* the old rule was that
pre@/amily Code
marriages should have
declarations of nullity filed
within ten years of the
Codes effectivity. That
period has long come and
gone, hence this clause is
effectively obsolete".
/C 3") Ps,c'olo$ical
Inca:acit,
+.2&istent during
marriage
,.4ncurable
..4s an actual
personality disorder
1.Sufficiently grave
Void +arria$es
4%%ects
(rounds *'o /iles *'en Prescri1ed
+arria$es *it'in
/a0ilies, +urders
An,
Interested
Part,
/C 33)
@Never
!N(* the old rule was
that pre@/amily Code
marriages should have
declarations of nullity
filed within ten years of
the Codes effectivity.
That period has long
come and gone, hence
this clause is effectively
obsolete".
All e66e!ts listed in t*e +revio"s +a5e% in!l"din52
/C !2
The Local Civil ;egistrar shall record*
@The /inal $udgment of NullityBnnulment
@-artition of -roperty
@3elivery of presumptive legitimes
4f not registeredBrecorded, these have no effect on any .
rd
persons.
/C 4
;emarriage is allowed following final %udgments decree.
/C !3
;emarriage is possible after a declaration in /inal $udgment of Nullity or nnulment.
/C !4
Children conceived or born before a %udgment of -sychological 4ncapacity is final and e&ecutory or
after a valid subse'uent marriage are legitimate.
/C 37
4ncest between
ascendants and
descendants, and
blood@siblings
/C 32
+. (etween relatives up
to 1
th
degree
,. Step parents and
step children
.. -arents and children
in law
1. doptive -arents and
Children
6. Surviving spouse of
doptive parent and
adopted child
8. Surviving spouse of
dopted child and
adoptive parent
0. dopted children and
natural children of same
parents
>. dopted siblings of
the same adoptive
parent
:. )arriages where one
spouse murdered the
former spouse of the
current spouse.
Void +arria$es
4%%ects
(rounds *'o /iles *'en Prescri1ed
#u1se6uent +arria$es
An,
Interested
Part,
/C 33) All e66e!ts listed in t*e +revio"s +a5e% in!l"din5% in t*e !ase o6 s",se;"ent #arria5es2
/C 43
+. Children conceived before termination of subse'uent marriage are legitimate.
,. The C-BC-D is dissolved and li'uidated in favor of the innocent spouse
.. 3onations by reason of marriage remain valid unless a spouse acted in bad faith, in which case
donations are revoCed.
1. 4nnocent spouses may revoCe insurance benefits of guilty spouses
6. Duilty spouses cannot inherit from innocent spouses
/C 41
)arriages contracted in
the subsistence of a
prior marriage are null
and void, unless the
spouse present has a
well@founded belief that
the spouse from prior
marriage is dead, was
absent for four years !,
if in danger of death,
lost at sea or air", and
has been declared dead
in a summary
proceeding.
/C 44
Subse'uent )arriages
contracted in (ad /aith
by both parties are void.
@Never
!N(* the old rule was
that pre@/amily Code
marriages should have
declarations of nullity
filed within ten years of
the Codes effectivity.
That period has long
come and gone, hence
this clause is effectively
obsolete".
Voida1le +arria$es
(rounds *'o /iles *'en Prescri1ed 4%%ects
/C 4!
+. -arental Consent
was not ac'uired but
needed
,. 2ither party was of
unsound mind
.. Consent obtained
through fraud
1. Consent obtained
through /orce
6. -hysical incapacity
8. ST3
/C 4!
+. -arty without
consent or hisBher
parentBguardian
,. Sane Spouse,
guardian of insane
spouse, or insane
spouse during a lucid
interval or after
recovery.
.. /or cases .@8, the
in%ured party
/C 4!
6 years of
cohabitation, e&cept
for cases 6@8, in which
theres none.
/C 4
Ahen theres collusion
between spouses.
Pendenc, /inal -ecree
/C 43)
The court will decide on the
custody and support of children,
taCing into account their welfare
and, if over seven, their choice
or parent. (elow 0, they go to
the mother.
NCC 3"3
Children conceived before
annulment use the fathers
surname.
/C !
/inal $udgment provides for*
@Li'uidation, partition, and distribution of properties.
@Support of children and delivery of their presumptive
legitimes.
@Creditors will be told of li'uidation.
/C !1
-resumptive Legitimes*
@re computed from time of %udgment
@3elivered in cash, property, or sound securities unless
otherwise mutually agreed upon in court
@Children and their guardians may demand their share
These cannot pre%udice the childrens succession rights,
and are counted as advances on their legitimes.
/C !2
The Local Civil ;egistrar shall record*
@The /inal $udgment of NullityBnnulment
@-artition of -roperty
@3elivery of presumptive legitimes
4f not registeredBrecorded, these have no effect on any .
rd

persons.
/C !3
;emarriage is possible after a declaration in /inal
$udgment of Nullity or nnulment.
/C !4
Children conceived or born after a valid subse'uent
marriage are legitimate.
NCC 371
4n case of annulment of marriage, and the wife is the guilty
party, she shall resume her maiden name and surname. 4f
she is the innocent spouse, she may resume her maiden
name and surname. #owever, she may choose to
continue employing her former husbandEs surname,
unless*
!+" The court decrees otherwise, or
!," She or the former husband is married again to another
person.
Rea::earance o% A1sent #:ouses
(rounds In &'e Civil
Code
*'o /iles in Cases
o% Rea::earance
*'en Prescri1ed 4%%ects 8% Rea::earance
NCC 2!
)arriages where a
previous spouse
believed dead
reappears.
The reappearing
spouse
Never, as long as the
spouses live.
/C 42)
4f the spouse reappears, and
declares an affidavit of
reappearance, the subse'uent
marriage is terminated.
LE4AL SEPARATION
(rounds (/C !!) -e%enses (/C !") /ilin$ And &rial Period 4%%ects
+. ;epeated physical violence against*
@-etitioner or petitioners child
@common children
,. -hysical or moral violence forcing
petitioner to change religious or political
beliefs
.. 4nvolvement or connivance into inducing*
@-etitioner or petitioners child
@common children
4nto prostitution.
1. /inal $udgment of respondent to a
crime, with a sentence of more than 8
years imprisonment, even if pardoned
6. 3rug ddiction or habitual alcoholism
8. #omose&uality or lesbianism
0. Subse'uent bigamy by respondent
during the marriage
>. Se&ual infidelity or perversion !N(,
under NCC 37 this was on of the two
grounds for separation, phrased as
adultery or concubinage"
:. bandonment
+9. ttempt on a spouses life by the other
!the only other ground also listed in NCC
37"
+. Condonation
,. Consent
.. Connivance
1. ;ecrimination
6. Collusion
8. -rescription
/C !7
Aithin 6 years of occurrence of grounds
/C !2
No trial until 8 months after filing
/C !3
;econciliation will first be attempted
/C "
No decree will be based on confession of
%udgment or stipulation of facts.
/ilin$ -ecree
/C "1
@Spouses may live
apart.
@dministration of
C-BC-D may be
given by court to
either spouse or a
third partyBguardian.
/C "2*
/C 1: applies*
/C 43)
The court will decide
on the custody and
support of children,
taCing into account
their welfare and, if
over seven, their
choice or parent.
(elow 0, they go to
the mother.
/C "3
@Spouses may live
apart
@C-BC-D is
dissolved in favor
of the innocent
spouse.
@Custody of
children will favor
the innocent
spouse
!e&ception) /C
213 LAFS
gives custody of
children below 0 to
the mother".
@Duilty spouse
cannot inherit
through intestate
succession.
NCC 372
@the wife retains
whatever surname
she used in the
marriage.
Reconciliation
/C "!)
ccomplished through a %oint manifestation
signed by both spouses.
/C ""
@Legal separation proceedings will cease,
or if finalized, will be set aside.
/C "7
/ormer property relations may be revived
@;e'uires a statement accomplished under
oath and filed in the same court as the
proceedings for separation, indicating*
+. -roperties contributed anew
,. -roperties to remain separate
.. Names of all Cnown creditors and
amounts owed