Escolar Documentos
Profissional Documentos
Cultura Documentos
Article Summary
Summarized Annotation:
Article 1: Civil Code of the
Philippines
Art. 2: Laws shall take effect 15
- Civil code took effect on August 30, 1950
days following the completion of
- EO 200 was issued by President Aquino on June 1987 which provided
their publication
that pursuant to the ruling in Taada v. Tuvera publication need not be
made in the Official Gazette, considering its erratic release and limited
readership.
- Newspapers for general circulation could better perform the function of
communicating the laws to the peoplemore available, wider
circulation, comes out regularly.
- If a statute does not provide for its effectivity, it will only take effect
15days after the completion of its publication. (No one shall be charged
under the statute until the completion of the publication.)
- Statutes may provide for another number of days for publication. The
statement unless otherwise provided refers only to the 15 days (which
can be changed to a different number) and not the requirement of
publication. Publication is indispensable.
Art. 3: Ignorance of the law
excuses no one
Added Info:
Covered Under this Rule:
- Presidential decrees and
executive orders by the
president in exercise of his
legislative powers.
- Administrative rules and
regulations if their purpose is
to enforce or implement
existing law pursuant to a
valid delegation.
- City charter must be
published even if it is only
applicable to a portion of
national territory
* Interpretative regulation and those
internal in nature need not be
published.
they intended in the obligation but could not due to some statute. Not
meant to impair obligation or affect vested rights.
3. When the law is procedural when it deals with procedure it applies to
all actions, which have accrued, or pending and future actions.
Ex. When the legislature provides that all bills should under go 4 readings
instead of 3. This affects all bills that have been created and even those already
undergoing readings.
4. When the law is penal in character and is favorable to the accused.
MANDATORY PROVISIONS OF LAWS: If one fails to commit certain acts that
are mandatory in the law, it renders the proceeding or acts to which it relates as
illegal or void.
Ex. The law provides The action to revoke the donation under this article must
be brought within 5 years from the time the decree of legal separation has
become final. (Article 64, Family Code)
PROHIBITORY LAWS: Those that one is not supposed to do. Couched in
negative terms.
Ex. The law provides that No legal separation may be decreed unless the court
has taken steps towards reconciliation. (Article 59, Family Code)
- Rights may be waived unless it is contrary to law, public policy, morals
or good customs, or prejudicial to a third person with a right recognized
by law.
- The right must exist at the time of the waiver.
Requisites:
1. The person knows that a right exists
2. Has adequate knowledge upon which to make an intelligent decision
3. Knowledge of the facts related to the right to be waived
4. Must be shown that the waiver is made knowingly and intelligently
- Rights provided for in statutes can generally be waived unless the object of the
statute is to protect or promote public interest
- Laws are repealed only by subsequent ones
- Between a law and the Constitution, the latter prevails
- Administrative or executive acts are valid only when they are not
- Judicial decisions, applying and interpreting laws and the Constitution, assume
the same authority as laws.
- Judges must not evade performance of their responsibility because of an
apparent non-existence or vagueness of a law governing a particular legal
dispute.
- The court must first apply the law, only when there is ambiguity in its
application should there be any kind of interpretation.
- The interpretation should be in line with the intent of the legislature or
the end sought to be attained.
CUSTOM: a rule of conduct formed by repetition of acts, uniformly observed as
a social rule, which is legally binding and has obligatory force.
JURIDICAL CUSTOM: Can be a supplement/addition to a statutory law unlike a
social custom, which cannot do so.
Years: 365 days each
Months: 30 days if designated by their name, they shall be computed by the
number of days that they respectively have
Hour: 24 hours
Nights: Sunset to sunrise
- In computing a period first day exclude last day included
- All citizens or foreigners who sojourner are subject to all penal laws and
laws meant for public security and safety.
-
Exception:
Foreigners who are immune from suit
and thus cannot be charged
(diplomatic agents)
Thus a Filipino cannot get a divorce
even if he or she goes abroad, since
divorce is not recognized in the
Philippines
Real and Personal Property are subject to the law of the country where
it is found. However, when it comes to the order, amount, and intrinsic
validity of the succession it shall be regulated by the law of the person
whose succession is being considered regardless of where the property
is to be found.
Extrinsic validity: the laws shall govern the forms of contracts and wills where
they are made. Thus a will made in the U.S. must follow the laws regarding the
forms of wills in the U.S.
Acts before Diplomatic and Consular Officials: Any act or contract made in a
foreign country made before the diplomatic and consular officials must also
conform to Philippine laws. This is because in the premises of a diplomatic office
the foreign country waives its jurisdiction so the Philippine laws govern in the
premises of the Philippine Diplomatic Office in foreign countries.
Prohibitive Laws: Prohibitive laws concerning property, persons, their acts and
those meant for public order, public policy, or good customs will continue to be in
effect even if the person is in a different country with different laws.
Ex. A Filipino gets married to 2 women in another country where bigamy is legal,
the second marriage is void since bigamy is not permitted in the Philippines.
-
HUMAN RELATIONS
Art. 19: Abuse of right doctrine
It is the courts duty to render justice and give protection on account of those who are
disadvantage due to moral dependence, ignorance, indigence (poverty), mental
weakness, tender age or other handicap.
The courts at the instance of the government or any private charitable institution can
order one to stop extreme spending during times of emergency.
Ex. There is a gasoline scarcity and a rich man buys tons and tons of gasoline to power
his private amusement park. the court may order him to seize such at the instance of
the government or charitable institution to prevent such in times of emergency.
- Meant to enforce the right of one to his privacy in ones own home, religious freedom,
prevent moral suffering, vexation, humiliation,
- One may file an action for damages against the officer who does not perform his official
duty without just cause.
- A public officer who commits a tort or other wrongful act is still liable to the victim.
- Necessary to promote a system of free enterprise and a fair chance for others to
engage in business and earn a living.
- If in a criminal case, the accused is not proven guilty beyond reasonable doubt a civil
action may be made and the degree of proof necessary is only a preponderance of
evidence which means that more evidence is adduced to prove the guilt of the accused
compared to that to defend him.
- A civil obligation arising from a criminal offense only needs a preponderance of
evidence as the quantum of proof,
- Usually a criminal proceeding, if commenced, must be terminated before a civil
proceeding can begin. If a civil proceeding has begun and later on a criminal
proceeding is filed, the civil proceeding is put on hold until the criminal
proceeding has finished.
However when the civil obligation is separate from the crime committed it may
proceed independently of the criminal proceeding.
- Certain injuries do not arise from the commission of a crime.
Ex. A bus driver crashes the bus because he is drunk. The civil action here is based
from the breach of the contractual obligation of all common carriers to take extra
diligence in driving his passengers. The criminal action here is based on the drivers
criminal negligence. The first is governed by the civil code and the second is from the
Revised Penal Code.
- Necessary to have an absolute separate and independent civil action for the violation
of civil liberties for the effective maintenance of democracy.
- Principle is to allow the citizen to enforce his rights regardless of State action so that
citizens will not depend upon the government for the vindication of their own private
rights.
- Includes fraud, defamation, physical injuries and are understood in their ordinary
sense.
-
When there is danger to life or property, such peace officer shall be primarily
liable for damages, and the city or municipality shall be subsidiarily responsible.
An accessory penalty for the commission of an offense, which deprives the offender during the time of his sentence the rights of parental authority, or guardianship, right to
manage his property and the right to dispose of such property by any act.
NATURAL PERSONS
Art. 40: Commencement of Civil
personality
JURIDICAL PERSONS
Art. 44: Who are juridical persons
Art. 45: What governs juridical
persons
Art. 46: Rights and obligations of
juridical persons
Birth determines personality but the conceived child shall be considered born
for all purposes that are favorable to it. Provided that the conceived child is
later born with the conditions in Art. 41.
The fetus is considered born if it is alive from the time it was completely
delivered from the mothers womb. BUT if the fetus was alive in the womb for
less than 7 months it is not deemed born if it dies within 24 hours it is delivered
form the womb.
Death puts an end to civil personality
Dead person continues to have personality only through contract, will, or as
determined by law. Creditors can still claim from the estate of the deceased
any obligation due to them.
No human body shall be buried unless the proper death certificate has been
presented and recorded however during an epidemic bodies may be buried
provided that the death certificate be secured within 5 days after the burial.
Applies to persons who are called to succeed each other like mother and child.
(Necessary to determine the amount of inheritance one is to receive,
transmission of rights, etc.)
If there is no proof as to who died first, they are presumed to have died at the
same time and thus no transmission of rights from one to the other.
Proof of death cannot be established from mere inference or presumptions. It
must be established by clear positive evidence.
1.By naturalization
2.Repatriation of deserters of the
Army, Navy or Air Corps. (Woman
who has lost her citizenship by
reason of marriage to an alien may
be repatriated after the termination
of her marital status)
3.By direct act of congress
THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3, 1988 signed by President Corazon Aquino (Executive Order 209)
REQUISITES OF MARRIAGE:
Article
Art. 1: Marriage is a special contract of permanent
union between a man and a woman entered into in
accordance with the 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 code.
Summary of Annotation
Nature of Marriage:
-Marriage is one of the basic civil rights of man. The
freedom to marry has been recognized as a vital
personal right towards the pursuit of mans happiness.
-Still considered as a special civil contract regulated by
law due to the high state interest in protecting and
safeguarding the family.
-A contract to marry, unlike other contracts, cannot be
modified or changed. Once it is executed a relation is
formed between the parties that cannot be altered. The
law steps in to hold or bind the parties together.
-A subsequent marriage between the rapist and raped
victim extinguishes the criminal action or penalty of the
rapist. In case of marital rape2
Additional
Info/Exceptions/Connected
with:
*Marriage as a special
contract cannot be restricted
by discriminatory policies of
private individuals or
corporations.
MAIL-ORDER BRIDE:
considered as a criminal
offense because marriage is
vested with public interest.
(Connected with the AntiTrafficking Act)
Acts punished:
1. Carry on such a business
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Marital rape is now considered a crime wherein the legal husband is the offender and the wife is the victim. Prior to this marital rape was not considered a crime because it
was considered the right of the husband to have sexual intercourse with his wife whenever he pleased.
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marriage license:
1. Marriage license was
made in a different
place other than their
residence.
2. Name stated therein is
different or misspelled
3. Misrepresentation of
age (but has to be
emancipated18
years and above)
4. Non-disclosure of
prior marriage and
divorce
5. Falsely stated that he
or she had not been
previously married.
6. Falsely swore that he
or she is not under
guardianship.
* If the couple have a valid
marriage license but forgot to
bring it then marriage will be
valid (but if they dont have
one and procured one after
the marriage ceremony the
marriage will be void)
* Common law marriages,
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MARRIAGE CEREMONY:
- Family code only recognizes ceremonial marriages but
there is no prescribed form of marriage ceremony.
- The minimum requirement is that
the parties personally appear before the
solemnizing officer and declare that they take
each other in the presence of at least 2 witness
of legal age.
* Declaration does not have to be vocally expressed
may be inferred by the words used, the manner the
ceremony was made, etc. If a wedding took place there
is a presumption that there was an exchange of vows.
* The absence of 2 witnesses of legal age is merely an
irregularity in the ceremony and does not affect the
validity of the marriage.
- There is a need to limit the persons who can
solemnize marriages since marriage is an
important institution the state wants to safeguard
and protect.
- Because the state is interested in marriage, it
becomes a party thereto by manifested in the
consent required and granted to limited number
of officers.
JUDGES: they can only solemnize marriages within their
jurisdiction and they must be incumbent.
Court of Tax Appeals, Sandiganbayan, Court of Appeals,
Supreme Court: National jurisdiction
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church, chapel or temple, or in the office of the consulgeneral, consul or vice-consul, as the case may be,
and not elsewhere, except in the cases of marriages
contracted at the point of death or in remote places in
accordance with Article 29 of this Code, or where both
of the parties request the solemnizing officer in writing
in which case the marriage may be solemnized at a
house or place designated by them in a sworn
statement to that effect.
Art. 9: A marriage license shall be issued by the local
civil registrar of the city or municipality where either
contracting party habitually resides, except in
marriages where no license is required in accordance
with Chapter 2 of this Title.
Art. 10: Marriages between Filipino citizens abroad
may be solemnized by a consul-general, consul or vice
consul of the Republic of the Philippines.
The issuance of the marriage license and the duties of
the local civil registrar and of the solemnizing officer
with regard to the celebration of marriage shall be
performed by said consular official.
Art. 11: Where a marriage license is required, each of
the contracting parties shall file separately a sworn
application for such license with the proper local civil
registrar which shall specify the following:
1. Full name of the contracting parties
2. Place of birth
3. Age and date of birth
4. Civil Status
5. If previously married, how, when and where the
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- Emancipation is obtained at
18; marriage no longer
emancipates a child because
they must be 18 years of age
to marry.
- Contracting parties 18 years
old and above but BELOW 21
years of age must obtain the
consent of their father, mother,
surviving parent, or guardian
in the order mentioned. (Noncompliance makes the
marriage annullable)
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her parents, if known, and the place and date of birth of such party. The nearest of kin of the contracting parties
shall be preferred as witnesses, or, in their default, persons of good reputation in the province or the locality.
The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties
appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said
parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon
their personally appearing before him, be convinced that either or both of them have the required age.
Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required to
furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the
deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of
nullity of his or her previous marriage.
In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance and
his or her actual civil status and the name and date of death of the deceased spouse.
Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are
between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles,
exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian,
or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in writing by the
interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in
the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal
manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed
instead, shall be attached to said applications.
Art. 15: Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents
or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the
marriage license shall not be issued till after three months following the completion of the publication of the
application therefore. A sworn statement by the contracting parties to the effect that such advice has been sought,
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together with the written advice given, if any, shall be attached to the application for marriage license. Should the
parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement.
Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in
addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister
authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the
proper government agency to the effect that the contracting parties have undergone marriage counseling. Failure
to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of
three months from the completion of the publication of the application. Issuance of the marriage license within the
prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the
marriage.
Should only one of the contracting parties need parental consent or parental advice, the other party must be
present at the counseling referred to in the preceding paragraph
Art. 17: The local civil registrar shall prepare a notice,
- It is the duty of the civil registrar to post a notice
which shall contain the full names and residences of the informing the public of the impending marriage. The
applicants for a marriage license and other data given in purpose of which is so that persons having knowledge
the applications. The notice shall be posted for ten
of any impediment to the marriage can inform the local
consecutive days on a bulletin board outside the office
civil registrar.
of the local civil registrar located in a conspicuous place - It is to be posted for 10 consecutive days on a bulletin
within the building and accessible to the general public. board outside the office
This notice shall request all persons having knowledge
- The civil registrar shall be issued after the period of
of any impediment to the marriage to advise the local
publication.
civil registrar thereof. The marriage license shall be
issued after the completion of the period of publication.
Art. 18: In case of any impediment known to the local
- If an impediment is made known to the civil registrar he EXCEPTIONS:
civil registrar or brought to his attention, he shall note
shall merely note it down but he must nonetheless issue
1. The courts direct civil
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registry to refuse
giving out the license
2. When the requited
certificate of legal
capacity of foreigners
is not given (Art. 21)
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copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the
marriage certificate, the copy of the marriage certificate, the original of the marriage license and, in proper cases,
the affidavit of the contracting party regarding the solemnization of the marriage in place other than those
mentioned in Article 8.
officers
7. Cohabitation and
conduct
8. Statement in a will
* A certificate of marriage
made years after the marriage
is inadmissible as evidence.
EXCEPTIONS to international
comity:
-Either or both contracting
parties are Filipinos and below
18 years of age
-Polygamous and bigamous
marriages recognized abroad
will not be valid here.
-Marriage abroad where there
is mistake of identity of the
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Article 35: When the solemnizing officer failed to investigate whether or not there was an impediment to the marriage in marriages after 5 years of cohabitation.
MARRIAGES VOID AB INITIO: Not valid from its inception. No rights can flow from it and can never be ratified. (Judicial declaration of nullity).
Art. 35: The following marriages shall be void from the Article 2, 3, 4: when all the essential and formal requisites of a marriage are absent
beginning:
- Only marriages declared by the legislature, as void should be treated as such.
(1) Those contracted by any party below eighteen
There can be no other void marriage except those provided by law.
years of age even with the consent of parents or
guardians;
Void Marriage
Voidable
(2) Those solemnized by any person not legally
Cant be a source of rights
Can be source of rights
authorized to perform marriages unless such
Cant be ratified
Ratified by prescription or
marriages were contracted with either or both parties
cohabitation
believing in good faith that the solemnizing officer had
Can be attacked collaterally.
Can only be attacked directly
the legal authority to do so;
Can be questioned after death Only assailed during lifetime
(3) Those solemnized without license, except those
of parties
of parties
covered the preceding Chapter;
Action for nullity has no
Action prescribes
(4) Those bigamous or polygamous marriages not
prescription
failing under Article 41;
- Estoppel or acquiescence does not apply to remedy the infirmity of a void
(5) Those contracted through mistake of one
marriage. Thus if one of the parties stated under oath that they were 25 when they
contracting party as to the identity of the other; and
were actually 16 the marriage is void despite the oath.
(6) Those subsequent marriages that are void under
- Good faith and bad faith generally is immaterial in void marriages except: when
Article 53.
either of the parties believed in good faith that the solemnizing officer had the
authority to solemnize the marriage when in fact he had none. Second, in case the
spouse disappears for 4 years or 2 years in proper cases the present spouse may
marry again if there is a judicial declaration of presumptive death and at the time
of the celebration of marriage either spouse is in good faith that the absent spouse
is still absent.
Ex. W is married to H and W disappears for 4 years and is judicially declared
presumptively dead. H later on is to marry W2. W2 however sees W the day
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before the wedding but does not tell H. As long as H is in good faith and does not
know of the presence of W the marriage will still be valid.
- Generally evidence other than a judicial declaration of nullity can be presented
except (direct attack needed) for purposes of remarriage, validity of marriage is
essential to the determination of the case, and when a donor desires to revoke a
donation propter nuptias.
BELOW 18 YEARS OF AGE: not capacitated to marry even if with parental consent.
History: 14 male, 12 female: minimum age for effective procreation
16 male, 14 female: Maturity and responsibility were taken into consideration.
Gender Roles: ability of men to provide and ability of women to care for the
household.
18 for both: No significant difference in terms of maturity of male and female.
Science shows below 18 leads to unsafe pregnancies.
NON-AUTHORITY OF SOLEMNIZER:
Exception: If EITHER or both of the contracting parties believed in good faith that he had
such authority. The good faith of the party is what is referred to not the solemnizing officer.
- Unless it was ignorance of the law then the marriage will be void. The person must be
one of the people in Article 7 thus if a couple is married by a janitor, them believing that a
janitor can celebrate a marriage, the marriage will be void.
Exception: Marriage was done abroad and such officer is valid in that country
BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married men or women from
contracting a subsequent marriage when their consort is still alive.
Exception:
- That mentioned in Article 41 regarding appearance of a spouse after a declaration
of presumptive death.
- Those provided for under the Muslim code.
- When the first marriage was actually void with a judicial declaration of nullity.
Without judicial declaration of nullity then 2 nd marriage will be void under Article 40.
MISTAKE IN IDENTITY: An instance of fraud, which is a ground for the nullity of the
marriage. Here the contracting party absolutely did not intend to marry the other, as the
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same is not the person he or she actually knew before the marriage.
Does not include: mistake in name, character of person, attributes, age, social standing,
religion, pedigree, pecuniary means, temperaments, acquirements, condition in life,
previous habit.
VOID UNDER ARTICLE 53: Marriages that have annulled or declared null and void must
undertake the liquidation, partition and distribution of their properties, delivery of
presumptive legitimes, etc. to be able to remarry.
Psychological incapacity to comply with the essential
P.I.
Insanity
marital obligation of marriage at the time of marriage,
Cannot be
Can be
even if it becomes manifest after the solemnization of
cured
cured
the marriage.
No consent
Consent can
- Not defined and thus left on a court-to-court
present since be given
basis. A person may actually be efficient in
he does not
during lucid
doing other things such as his profession but
know the
interval
with regards to his married life it can be
true meaning
different.
of marriage
- Not just stubborn refusal but attributed to
psychological causes (not necessarily insane)
PROOF to show P.I.:
- Lacking in the exercise of the judgment not lack
1. Observe of duties
of judgment
(living together, etc.)
- True inability to commit oneself to the essentials
2. Procreation
of marriage psychosexual disorders or other
3. Obligation of parents to
personality disorders
children.
- Inability to commit to the essentials of marriage
4. Senseless and
procreation, education of offspring,
protracted refusal to
community of life and love
have intercourse
5. Unreasonable
Must be characterized by:
attachment to ones
1. Gravity- grave or serious
other family or barkada
2. Juridical antecedence rooted in history of the
6. Transvestism
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7. Indulgence of private
fantasy
8. Alcohol/substance
abuse
9. Extreme immaturity
Article 68: husband and wife are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support. Article 69: Husband and wife shall fix the domicile and in
case of disagreement the court shall decide. Article 70: spouses are jointly responsible for the support of the family and the expenses for such support and other conjugal obligations shall be paid
from community property, income or fruits of separate property, or separate property. Article 71: management of household shall be right and duty of both spouses.
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nuclear family
6. Brings about confusion with status
- Simulates blood relations although legal fiction (bond created by law, against
public policy)
COLLATERAL BLOOD RELATIVES: may cause the same reasons as Art. 37 but to a
lesser degree.
COLLATERAL HALF-BLOOD RELATIVES BY CONSANGUINITY: the law does not
provide that marriages between collateral blood relatives by the half-blood are prohibited.
Case Law: In Re: Simms Estate
- Because of specification in brothers and sisters and no specification with uncles
and nieces, marriage between uncles and nieces are not prohibited
- Unlike ruling in Audley where it deemed it was unnecessary
- Marriage between uncles and nieces who are half-blood is valid due to the
presumption in favor of marriage.
RELATIONSHIP BY AFFINITY (made through marriage): The only marriages by affinity
prohibited in the Family Code are marriages between stepparents and stepchildren and
parents-in-law and children-in-law. (May destroy the peacefulness in family relations)
Stepbrother and stepsister can marry each other since not included in the
prohibition.
*In the event that the marriage is annulled or nullified or in the event that the marriage is
terminated by death affinity is terminated and thus those that were prohibited due to affinity
can now marry each other. Unless there are living issues (children) in whom the blood of
the parties continue to commingle.
ADOPTIVE RELATIONSHIP:
Who they cannot marry:
Adopter
Adopted
The adopted
The adopter
The surviving spouse of the adopted
The surviving spouse of adopter
(Envisions that the marriage was
(Envisions that the marriage was
terminated due to death. But if the
terminated due to death. But if the
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Adopted
Parents of adopter
Illegitimate child of the adopter
Other relatives
Spouse of adopter if alive and not married
to adopter
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In relation to:
Art. 52: The judgment of annulment or of absolute
nullity of the marriage, the partition and distribution of
the properties of the spouses and the delivery of the
children's presumptive legitimes shall be recorded in
the appropriate civil registry and registries of property;
otherwise, the same shall not affect third persons.
Art. 53: Either of the former spouses may marry again
after compliance with the requirements of the
immediately preceding Article; otherwise, the
subsequent marriage shall be null and void.
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VOIDABLE MARRIAGES: valid up to the point when they are annulled. These are the only grounds, which can be considered for annulment
(exclusive).
Article
Annotation
Exception/ Filing:
Article 45: Must exist at the time of marriage - The parents of the child can annul the
Party to file suit: Parent or guardian before the
1. That the party in whose behalf it is sought to marriage at any time prior to the time the child
child reaches 21 and the party who did not
have the marriage annulled was eighteen years reaches the age of 21.
obtain consent within 5 years after reaching 21.
of age or over but below twenty-one, and the
marriage was solemnized without the consent
Ratification: Through cohabitation after
of the parents, guardian or person having
reaching the age of 21 years old.
substitute parental authority over the party, in
that order, unless after attaining the age of
twenty-one, such party freely cohabited with the
other and both lived together as husband and
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wife
2. That either party was of unsound mind,
unless such party after coming to reason, freely
cohabited with the other as husband and wife
36
NO RATIFICATION by cohabitation
37
No ratification by cohabitation
-
38
39
LEGAL SEPARATION: Does not affect the marital status of the couple, merely a separation of bed and board. (Exclusive list)
Violence Against Women and Children (VAWC RA 9262): includes spouse, girlfriends, and even one-night stands (level of intimacy). Men can file on
behalf of children. Many articles of VAWC encompass legal separation and if this is so the required cooling off period is no longer necessary.
Included as part of VAWC such as corruption (#3) included as violence, even psychological violence (bigamy, sexual infidelity).
- The children included in VAWC are those under the care of the women even those of the respondents child from a previous marriage.
Article 55: Happens after marriage ceremony
Physical violence here is measured not by the
* Does not include a ground for legal separation
1. Repeated physical violence or grossly
severity but by the frequency. However if it is
when the respondent-spouse inflicts violence
40
41
judgment.
- The extent and nature of such is the same, as
those in annulment cases but such grounds
may exist even after the marriage ceremony
unlike annulment.
- Considered as a form of cruelty or mental
anguish
- Must engage in homosexual acts
- Illegally contracting a marriage despite full
knowledge that the first marriage still validly
exists or without obtaining a judicial declaration
of presumptive death.
- Other acts of sexual infidelity short of
concubinage and adultery are enough as long
as they constitute a clear betrayal of trust.
- Sexual perversion can be done to ones own
wife.
- Must come from an evil design or unlawful
cause
- No nee for any criminal conviction,
preponderance of evidence is enough. (If there
is a criminal conviction, the other spouse can
be disinherited even if there is no legal
separation case filed)
Willfully left the dwelling without intention of
returning.
*There must be a wrongful intent to desert,
continued for the statutory period.
42
Article 56: Denial of legal separation if they fall on the following grounds
1. Where the aggrieved party has condoned the offense or
- May be expressed or implied forgiveness
act complained of
- Not looking for an erring wife after she commits an
offense does not mean forgiveness.
2. Where the aggrieved party has consented to the
commission of the offense or act complained of
3. Where there is connivance between the parties in the
commission of the offense or act constituting the ground for
legal separation
43
Art. 61: After the filing of the petition for legal separation,
the spouses shall be entitled to live separately from each
other
The court, in the absence of a written agreement between
the spouses, shall designate either of them or a third person
to administer the absolute community or conjugal
partnership property. The administrator appointed by the
court shall have the same powers and duties as those of a
guardian under the Rules of Court.
Art. 62: During the pendency of the action for legal
separation, the provisions of Article 49 shall likewise apply
to the support of the spouses and the custody and support
of the common children.
Art. 63: The decree of legal separation shall have the
44
following effects:
1. The spouses shall be entitled to live separately from each
other, but the marriage bonds shall not be severed;
2. The absolute community or the conjugal partnership shall
be dissolved and liquidated but the offending spouse shall
have no right to any share of the net profits earned by the
absolute community or the conjugal partnership, which shall
be forfeited in accordance with the provisions of Article
43(2);
3. The custody of the minor children shall be awarded to the
innocent spouse, subject to the provisions of Article 213 of
this Code; and
4. The offending spouse shall be disqualified from inheriting
from the innocent spouse by intestate succession.
Moreover, provisions in favor of the offending spouse made
in the will of the innocent spouse shall be revoked by
operation of law.
Art. 64: After the finality of the decree of legal separation,
the innocent spouse may revoke the donations made by him
or by her in favor of the offending spouse, as well as the
designation of the latter as beneficiary in any insurance
policy, even if such designation be stipulated as irrevocable.
The revocation of the donations shall be recorded in the
registries of property in the places where the properties are
located. Alienations, liens and encumbrances registered in
good faith before the recording of the complaint for
revocation in the registries of property shall be respected.
The revocation of or change in the designation of the
insurance beneficiary shall take effect upon written
notification thereof to the insured
45
46
47
48
PROPERTY RELATIONS
49
50
51
52
celebration
Those that stipulate that neither local custom
nor absolute community of property will govern
without stipulating any other kind of property
regime.
Those made by a person upon who a sentence
of civil interdiction is given
Those stipulated in marriage settlement or
contracts made in consideration of marriage
(donations) will be void if marriage does not
take place
Article 76
Article 80
Article 81
Effects on creditors
Marriage settlements
No marriage settlements:
Absolute community of
property.
DONATIONS
Art. 82: Donations by reason of marriage are
those, which are made before its celebration, in
consideration of the same, and in favor of one or
both of the future spouses.
Art. 83: These donations are governed by the
rules on ordinary donations established in Title III
of Book III of the Civil Code, insofar as they are
not modified by the following articles.
Procedure--Movable:
1. Accepted personally or
representative
2. Made in lifetime of donor and
donee
3. Can be orally given as long as
with simultaneous delivery or
document representing right of
donated (if above 5000 then must be
53
in writing)
Procedure--Immovable:
1.must be in public document
2. Acceptance made in that
document or separate
3. Must be made in lifetime of donor.
DONATIONS EXCLUDED:
1. Made in favor of the
spouses after the
celebration of the marriage
2. Executed in favor of the
future spouses but not in
consideration of marriage
3. Granted to persons other
than the spouses even
though they may be founded
on the marriage.
54
55
Property Regime
Absolute
community of
What included
All properties
owned before and
Prescription:
- 1 year from the time the donor had knowledge of the
fact of ingratitude
- What constitutes a moderate gift depends on the
financial capacity of the donor.
- Under the last sentence of Art. 87it must be
shown that the donation was made at a time
when they were still living together as husband
and wife without the benefit of marriage.
- Validity of donation or transfer cannot be
challenged by anyone unless those that will be
affected by the donation.
RESERVA TRONCAL: the ascendant who inherits from
his descendant any property which the later may have
acquired by gratuitous title from another ascendant or
sibling is obliged to reserve such property for the benefit
of relatives within the 3rd degree and who belong to the
same line.
Ex. H is married to W and has a son S. H has a brother
B. H dies and donates to S his property. After which, S
dies without any heirs and thus the property goes to W. If
W dies the property does not go to her heir but to B so
that the property stays in the same line of the original
owner (once owed by H) and is within the third degree of
S.
What excluded
Article 92:
1.provided in marriage
Notes
Art. 89: No waiver of rights,
shares and effects of the
Charges
Article 94:
1. Support (spouses,
Liquidation process
Termination:
Art. 97: Either
56
property
Art. 88: The
absolute
community of
property between
spouses shall
commence at the
precise moment
that the marriage is
celebrated. Any
stipulation, express
or implied, for the
commencement of
the community
regime at any other
time shall be void
after.
(Default regime if
nothing stipulate
exception:
subsequent
marriage after
death will
automatically be
CSP if there was no
proper liquidation of
the properties of the
previous marriage)
settlement
2. Personal and exclusive
use of either spouse
(except jewelry)
- However if exclusive
property is used to
purchase something else
such property becomes
part of ACP
1.Property acquired by
gratuitous title including
the fruits and income
UNLESS the guarantor
expressly said they will
form part of ACP
- Must be a valid donation
(cant be donation made
by one spouse to another)
2.Property acquired by
either spouse who has
legitimate descendants
and the fruits of that
property
*Winnings from gambling
(losses borne by looser)
absolute community of
property during the
marriage can be made
except in case of judicial
separation of property.
When the waiver takes
place upon a judicial
separation of property, or
after the marriage has been
dissolved or annulled, the
same shall appear in a
public instrument and shall
be recorded as provided in
Article 77. The creditors of
the spouse who made such
waiver may petition the
court to rescind the waiver
to the extent of the amount
sufficient to cover the
amount of their credits.
* No waiver of rights,
interests, shares, and
effects without judicial
separation or dissolution or
annulment of marriage
shall appear in a public
instrument (creditors may
rescind waiver up to extent
of the debt)
57
property.
2. Legal separation
4. Annulled or void
(governed by art. 147
& 148 except if void
under Article 40)
5. Judicial separation
of property
6. Reappearance of a
spouse presumed
dead.
Procedure:
Article 102:
1. Inventory (separate
and community)
2. D&O of ACP shall
be paid out, in case of
insufficiency solidarily
liable with separate
property.
3. Exclusive prop
delivered.
4. Net remainder of
ACP divided equally
unless different
proportion in
settlement or waiver.
5. Delivery of
presumptive
legitimates
58
ACP
SEPARATION IN FACT:
Art. 100: The separation in fact between
6. Conjugal dwelling
with spouse with most
children
59
ACP
60
property relations.
Conjugal
Partnership of
Gains:
Art. 105: In case
the future spouses
agree in the
marriage
settlements that the
regime of conjugal
partnership gains
shall govern their
property relations
during marriage,
the provisions in
this Chapter shall
be of
supplementary
application.
Article 121:
1.support of spouse common
and legitimate children
2.D&O by admin, both or
either spouse with consent of
other.
3.D&O without consent of
other but redounding.
4.expenses for conjugal prop
(taxes, liens)
5.taxes and expenses for
preservation of separate
property (no need for use)
6.expenses for spouse for
profession or selfimprovement.
7.Antenuptial debts
redounding to family.
8.donation of both for
Termination:
Article 126:
1.Death
2.Legal Separation
3. Annulled or
declared void.
4.Judicial Separation
Article 127 and 128:
-Provisions on
separation in fact and
abandonment has the
same application as in
ACP article 100 and
101.
Procedure:
Article 129:
1.Inventory of
separate and conjugal
61
The provisions of
this Chapter shall
also apply to
conjugal
partnerships of
gains already
established
between spouses
before the
effectivity of this
Code, without
prejudice to vested
rights already
acquired in
accordance with
the Civil Code or
other laws, as
provided in Article
256.
Presumption is that
all property
acquired during
marriage even if in
the name of one
spouse is conjugal
unless otherwise
provided.
*Onerous donations
*Designated share in
donation
*Gratuity (amount
given by gobs for
previous work)
Art. 110: The spouses
retain the ownership,
possession,
administration and
enjoyment of their
exclusive properties.
Either spouse may,
during the marriage,
transfer the
administration of his or
her exclusive property
to the other by means
of a public instrument,
which shall be
recorded in the
registry of property of
the place the property
is located.
prop
2.Payment of
advances
3.Reimbursement to
the spouses.
4.D&O paid out by
CPG, insufficiency
solidarily liable.
5.exclusive prop
delivered
6.loss or deterioration
of movables paid from
CPG
7.Net remainder to be
divided (unless MS or
waiver)
8.Delivery of
presumptive legitimes
9.Conjugal dwelling
Article 130: in case of
death the liquidation
proceeding will be in
the same proceeding
as the settlement of
the estate of the
deceased. (Same
application as in ACP
article 103)
62
CPG
Article 120
1.If improvement made by cp
is more than value of the
property, entire property will
be conjugal reimburse
spouse.
2. If amount is not more than
it will still be separate
property subject to
reimbursement to CPG.
(Ownership will vest upon
reimbursement)
63
CPG
CPG
64
CPG
65
Separation of
property
Art. 134: In the
absence of an
express declaration
in the marriage
settlements, the
separation of
property between
spouses during the
marriage shall not
take place except
by judicial order.
Such judicial
separation of
property may either
be voluntary or for
sufficient cause.
(Can be stipulated
in MS which shall
Revival:
Article 141:
1.termination of civil
interdiction
2.Absentee reappears
3.court satisfied that
administration will not
be again abused
4.Resumption of
common life with
other spouse
5.parental authority
restored
6.reconciliation of
those separated in
fact
7.For those who
voluntarily separated
property, agree to
revive former property
regime (but after that
66
Marriage without
unions (governs
void marriages)
Requisites:
1.Capacitated to marry each other
-Not capacitated: incestuous, against public policy, under
18, bigamous marriage
2.live exclusively with each other as husband and wife
3.Without benefit of marriage or under a void marriage.
*Includes marriages of psychological incapacity,
reappearance of wife, non-liquidation of property, absence
of formal requisites.
Structure:
1. Salaries and wages shall be owned by equal
shares
cant separate
property anymore)
- Art. 67 revival:
Agreement under
oath will state:
1.properties to be
contributed
2.those to be retained
as separate
3.names of known
creditors
67
Marriage without
unions (governs
void marriages)
68
Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of insolvency
- Administration is joint by both spouses, husbands decision will prevail subject to recourse by the wife within 5 years from the contract implementing the
decision. Contract will be a continuing offer upon acceptance by other spouse or court order.
69
Exception to earnest
efforts:
- Earnest effort is not
required if included in the
suit between family
members is a stranger
not of the same family.
- Does not apply to
cases, which may not be
compromised.
- Does not apply to
settlement of estate
guardianship, custody of
children, and habeas
corpus
* Exemption from
execution is not absolute
70
as it is subject to certain
limitation such as
indebtedness in certain
instances (to be
discussed in the next
articles)
71
72
73
LEGITIMATE
Children conceived or born during the marriage
ILLEGITIMATE
Children born or conceived outside a valid
marriage or in a void marriage unless
otherwise provided
NOTES
74
75
76
Philippines.
3. Within 3 years, if he lives abroad
4. If the birth of the child has been concealed,
prescription will begin from the discovery or
knowledge of birth of child or the fact of registration
of the birth (whichever is earlier).
77
qualify.
- Open continuous possession means the father treats the
child as his own directly and not through others,
spontaneously and without concealment
Must be spontaneous and uninterrupted
78
authority.
If the father acknowledges the child and
cohabits, he will be vested with parental
authority. Even if he leaves after that it
will not be considered a waiver of his
parental authority unless violated legal
grounds provided for termination of
parental auth. (he will also be vicariously
liable for damages caused by the child)
3. Legitime will be of the legitime of a
legitimate child
4. Can get support only up to the
grandparents, and no right of representation
(if parent dies cant inherit straight from
grandparents)
5. Illegitimate child has his or her lifetime to file
an action to claim illegitimacy if he/she has
proof under Art. 172 (claim for his status in
not transmissible to his heirs)
Art. 177: Only children conceived and born outside
of wedlock of parents who, at the time of the
conception of the former, were not disqualified by
any impediment to marry each other may be
legitimated.
Art. 178: Legitimation shall take place by a
subsequent valid marriage between parents. The
annulment of a voidable marriage shall not affect
the legitimation.
79
SUPPORT
Art. 194: Support comprises everything
indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation,
in keeping with the financial capacity of the family.
The education of the person entitled to be
supported referred to in the preceding paragraph
80
81
82
them to give and then just get reimbursed from the other
after.
-When there are two or more people claiming for support
and the one obliged to give doesnt have enough, order
will be followed except when the one who needs support
is a spouse and a child in which case the child shall be
preferred. (Wife is preferred when it is an illegitimate child)
Demanding support
Demandable from the time person who has the
right to receive it needs it (need for support is not
presumed, must be established).
83
84
PARENTAL AUTHORITY
Art. 209: Pursuant to the natural right and duty of
parents over the person and property of their
unemancipated children, parental authority and
responsibility shall include the caring for and
rearing them for civic consciousness and
efficiency and the development of their moral,
mental and physical character and well-being.
Art. 210: Parental authority and responsibility
may not be renounced or transferred except in the
If person obliged to give support unjustly refuses expense of another (basis for
reimbursement of one who gives
a third person can give it with right of
support)
reimbursement.
Art. 207 Requisites:
1. Urgent need to be supported on the part of the
recipient
2. The person obliged to support unjustly refuses or
fails to give support.
3. Third person furnishes the support to the needy
individual
*If all are present 3rd person shall have right to
reimbursment.
- This is different from legal support, which cannot
be levied upon; contractual support however is
not mandated by law.
- The excess in amount of legal support shall be
subject to levy on attachment or execution.
85
86
87
responsibilities of a parent
enumerated in art. 220 onwards.
*Order is not mandatory:
paramount interest
88
89
90
character.
Person who has parental authority may seek the
assistance of the court to discipline the child and
with a counsel shall undergo a summary hearing.
If the court finds that it is the petitioner at fault,
the court may suspend or deprive him of parental
authority.
During the commitment of the child the parent
cannot interfere with the care of the child but will
provide support.
The court may terminate the commitment of the
child whenever just and proper.
91
92
*parental authority is
93
94
95
EMANCIPATION
Art. 234: Emancipation takes place by the
attainment of majority. Unless otherwise
provided, majority commences at the age of
eighteen.
Art. 236: Emancipation for any cases shall
terminate parental authority over the person
and property of the child who shall then be
qualified and responsible for all acts of civil of
life, save the exceptions established by existing
laws in special cases.
Contracting marriage shall require parental
consent until the age of 21.
Nothing in this code shall be construed to
derogate from the duty or responsibility of
parents and guardians for children and wards
below twenty-one years of age mentioned in
the second and third paragraphs of Article 2180
of the civil code.
96
Summary proceedings:
- claims for damages by either spouse must be done in a separate action.
- Preliminary conference: done by judge with the parties w/o counsel. But if the court deems it necessary, they can be assisted by counsel after.
- Decisions become final and executory immediately (no more lapse of 15 days etc) however aggrieved party can still appeal to higher courts on the basis
of denial of due process.
Family courts:
- shall establish family courts in every province and city. If the city is the capital of the province then in the municipality with the highest number of people.
Jurisdiction over:
1. criminal cases of those 9-18 years of age (but all cases concerning determination of age still with family courts)
2. petitions for guardianship, custody, habeas corpus
3. adoption and revocation thereof
4. annulment, nullity, relating to marital status, property relations, dissolution of CPG
5. support and acknowledgment
6. summary judicial proceedings
7. declaration of status of children, commitment of children, suspension termination or restoration of parental authority.
8. Constitution of family home
9. Cases against minors (dangerous drugs act)
10. Violations of 7610
11. Violations against VAWC (unless becomes criminal in which case offender will be subject to criminal proceedings)
*if any become an incident to a case pending in the regular courts it shall be decided there.
Funerals:
- same arrangement established for support (spouses, descendants then ascendants in the nearest degree, brothers and sisters above 21)
Brothers and sisters or descendants oldest are preferred, ascendants paternal is preferred.
- In keeping with the social position of the deceased, and in accordance to the expressed wishes of the deceased, in the absence religious beliefs, in
case of doubt shall be decided upon by the person making the arrangements after consultation with the family.
- Human remains cant be disposed or exhumed without the consent of the persons in arrangement.
- A person who allows disrespect to the dead will be liable to the family for moral and material damages.
- Mausoleum or a tomb is part of funeral expenses, which shall be chargeable to the property regime if the spouse is making arrangements.
97
USE OF SURNAMES
Art. 364: Legitimate and legitimated children shall
principally use the surname of the father.
Art. 365: An adopted child shall bear the surname
of the adopter.
98
99
confusion.
mothers surname
add roman numerals
100
101
through absence
Presumption of death in
dangerous situations
102
103
104
Inter-country Adoption:
- Socio-legal process of adopting a Filipino Child by a foreign national or Filipino Citizen residing abroad where petition for adoption is filed
Inter-country adoption board: act as central authority for all matters relating to inter-country adoption
- Board shall ensure that adoption in family code has been exhausted and inter-country adoption is in the best interest of the child.
- The board upon recommendation of the placement committee shall only approve matching of a child to a foreign adoptive family.
Functions of Board:
1. Rules and regulations
2. Guidelines for the convening of inter-country adoption placement committee
3. Guidelines for Matching/Collection
105
106
107
- Establishments where these acts are done will be closed and their license to operate will be canceled.
Working Children: below 15 years of age can work provided:
1. Work permit from DOLE
2. Employer shall ensure protection, health, safety, morals
3. Prevent exploitation or discrimination
4. Continuous training of child
- Cant employ child in commercials for alcohol, tobacco, violence
Children of Indigenous Cultural Communities:
- Institute an alternative education for children which is culture specific and relevant to their needs
- Delivery of basic social services.
Situations of Armed Conflict:
- Policy of state to resolve such for best interest of children
1. Shall not be object of attack; entitled to special respect
2. Not recruited in army
3. Delivery of basic social services
4. Public infrastructures (schools, hospitals) not to be used
5. Facilitate reunion of families
Children arrested for reasons of armed conflict:
1. Separate detention cells from adults unless they are family.
2. Immediate free legal assistance
3. Immediate notice to parents
4. Release within 24 hours to DSWD or other
Who may file: offended parents/ guardians, ascendants, relative within the 3 rd degree of consanguinity social worker of DSWS or other,
Barangay chairman, 3 citizens of the place where it occurred.
108
109
Article 87
Illegitimate
110
111
2. Parent or ascendant has been convicted of an attempt against the life of the testator his or her spouse, descendants or
ascendants.
3. Accused testator of a crime
4. Parent or ascendant convicted of concubinage with spouse of testator
5. Parent or ascendant by fraud, violence, undue influence causes new will or change will
6. Loss of parental authority
7. Refusal to support children or descendants without justifiable cause.
8. Attempt of one of the parents against the life of the other, unless there has been reconciliation
iii. Article 921: disinheriting a spouse
1. Spouse convicted of attempt against..
2. Spouse accused testator of crime
3. Spouse by fraud, intimidation
4. Spouse has given cause for legal separation
5. When the spouse has given grounds for loss of parental authority.
6. Unjustifiable refusal to support the children or other spouse
2. When parent is incapacitated to succeed one due to unworthiness:
i. Art. 1032: unworthiness
1. Parents abandoned their children, or induced their daughters to live a corrupt or immoral life, attempted against her virtue
2. Convicted of an attempt against the life of the testator, his spouse, or descendants or ascendants.
3. Accused of a crime
4. Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer within a month
unless authorities have already taken action. (not applicable wherein law there is no obligation to make an accusation.
5. Person convicted or adultery or concubinage with the spouse of the testator
6. Cause testator to make or change will
7. By same means, prevents one from making will, revoking will, or concealing will
8. Falsifies or forges will of decedent
b. Incapable of succeeding
i. Art. 1027: the following are incapable of succeeding
1. Priest etc who hear confession of testator during his last illness or minister who extended spiritual aid to him
2. Relatives of 1 within the fourth degree, the church or institution to which such minister may belong
112
3. Those made to a guardian by his ward before the final accounts have been approved unless guardian is ascendant,
descendant, brother or sister or spouse
4. Any attesting witness to the execution of a will, the spouse, parents or children or an one claiming under such witness, spouse,
parents or children.
5. Physician, surgeon, nurse, etc who took care of testator during last illness
6. Individuals, associations, corporations not permitted by law to inherit.
Abandonment: he or she has left the conjugal dwelling without intention of returning. A spouse who has left the conjugal dwelling for a period of 3 months or has
failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal
dwelling. (physical, financial and moral desertion)
- spouse can seek for receivership, judicial separation of property, and sole administration
- abandonment for more than one year can lead to legal separation
Deadlines:
Article
Article 30
Contents
Marriage certificate with affidavit for marriages in
articulo mortis or remote residence
Deadlines/prescriptions
Within 30 days after the performance of the
marriage
113
Article 38
Article 47
*If ratified then can no longer
be annulled.
Article 47
Article 47
Article 47
Article 47
Article 47
Article 50-51
Article 57
Article 58
Article 61
Article 61
Article 64
Article 182
114