Escolar Documentos
Profissional Documentos
Cultura Documentos
Course Outline
I.
Art. 2 NCC; Art.5 Labor Code; Sec. 3(1) & 4, Ch. 2, Book VII,
Administrative Code of 1987; BSP Circular 799
Effects and application of law
Tanada vs Tuvera, 136 SCRA 27 (1985)
Article 2 of the NCC does not preclude the requirement of publication
in the Official Gazette even if the law itself provides for the date of its
effectivity.
Tanada vs Tuvera,146 SCRA 446 (1986)
If the law provides for its own effectivity date, then it takes effect on
the said date, subject to the requirement of publication. The clause unless
otherwise provided refers to the date of effectivity and not the to the
requirement of publication itself, which cannot in any event be omitted.
Basa vs Mercado, 61 Phil 632
To be a newspaper of general circulation, it is enough that it is
published for the dissemination of local news and general information,
that it has bona fide subscription list of paying subscribers, and that it is
published at regular intervals.
PASEI vs. Torres, G.R. NO. 101279,Aug. 06, 1992 212 SCRA
298
472
In this case, while it incorporated the PCA-Cojuangco AG.R.eement by
reference, Section 1 of P.D. 755 did not in any way reproduce the exact
terms of the contract in the decree. Neither was acopy thereof attached to
the decree when published. We cannot, therefore, extend to the said
AG.R.eement the status of a law.
NMSMI vs. DND, G.R. NO. 187587, June 5, 2013 697 SCRA 359
The Court cannot rely on a handwritten note that was not part of
Proclamation No. 2476 as published. Without publication, the note never
had any legal force and effect.
Roy vs CA, G.R. NO 80718 Jan. 29, 1988
The term laws do not include decisions of the Supreme Court because
lawyers in the active practice must keep abreast of decisions, particularly
where issues have been clarified, consistently reiterated and published in
advanced reports and the SCRA.
Arts.3, 4, 5, 6, 7 NCC; Arts. 105, 256 Family Code; Vested Rights;
Substantive & Procedural Laws; Retroactive Application; Express
and Implied Repeal; Effect of declaration of Unconstitutionality
Marcella-Bobis vs Bobis, 336 SCRA 747 (2000)
The accused is prosecuted for the crime of bigamy for not obtaining a
judicial declaration of nullity of his first marriage before entering into
another marriage. Ignorance of the existence of article 40 of the Family
Code canno enve be successfully invoked as an excuse.
Bernabe v. Alejo G.R. NO. 140500, Jan. 21, 2002 374 SCRA 180
An illegitimate child filed an action for recognition pursuant to article
285 of the NCC during the effectivity of the Family Code. illegitimate
children who were still minors at the time the Family Code took effect
and whose putative parent died during their minority are thus given the
right to seek recognition (under Article 285 of the Civil Code) for a period
of up to four years from attaining majority age and this vested right was
not impaired or taken away by the passage of the Family Code.
Rep. v. Miller G.R. NO. 125932, Apr. 21, 1999 306 SCRA
183
a new law disqualifying him. Vested rights include not only legal or
equitable title to the enforcement of a demand, but also an exemption
from new obligations created after the right has vested.
Atienza vs. Brillantes, AM MTJ 92-706, Mar. 29,1995 243 SCRA 32
Article 40 is applicable to remarriages entered into after the effectivity of
the Family Code on August 3, 1988 regardless of the date of the first
marriage. The fact that procedural statutes may somehow affect the
litigants' rights may not preclude their retroactive application to pending
actions.
Ty v. Cam G.R. NO. 127406, Nov. 27,
2000
The two marriages involved in this case was entered during the effectivity
of the New Civil Code. The Family Code has retroactive effect unless there
be impairment of vested rights.
Compare the case of TY vs CA and Atienza vs Brillantes
Systems Factors Corp vs NLRC, 346 SCRA 149 (2000)
The retroactive application of procedural laws is not violative of any right
of a person who may feel that he is adversely affected. The reason is that
as a general rule, no vested right may attach nor arise from procedural
laws.
Agujetas vs CA, 261 SCRA 17 (1996)
Implied repeals are not to be favored because they rest only on the
presumption that because the old and the new laws are incompatible
with each other, there is an intention to repeal the old. There must be a
plain, unavoidable and irreconcilable repugnancy between the two.
Laguna Lake Development Authority vs CA, 251 SCRA 42 (1995)
When there is a conflict between a general law and a special statute, the
special statute should prevail since it evinces the legislative intent more
clearly than the general statute. The special law is to be taken as an
exception to the general law in the absence of special circumstances
forcing a contrary conclusion.
De Agbayani vs PNB, 38 SCRA
429
Article 8. Stare Decisis; Case Law; See also Article 36, FC; article 9,
10, 11, 12 , 13, 14 NCC
Ting v. Velez-Ting, G.R. NO. 166562, Mar. 31, 2009 582 SCRA
694
is still married to the accused spouse, at the time of the filing of the
complaint.
Recio vs. Recio G.R. NO. 138322. October 2, 2001 366 SCRA 437
Whether or not the divorce must be proved before it is to be recognized
in the Philippines. Before a foreign divorce decree can be recognized by
our courts, the party pleading it must prove the divorce as a fact and
demonstrate its conformity to the foreign law allowing it. Presentation
solely of the divorce decree is insufficient.
Roehr v. Rodriguez,G.R. NO. 142820 ,Jun. 30, 2003 404 SCRA 495
As a general rule, divorce decrees obtained by foreigners in other
countries are recognizable in our jurisdiction, but the legal effects
thereof, e.g. on custody, care and support of the children, must still be
determined by our courts.
Morigo v. People, G.R. NO. 145226 , Feb. 6, 2004 422 SCRA 376
The mere private act of signing a marriage contract bears no semblance
to a valid marriage and thus, needs no judicial declaration of nullity.
Such act alone, without more, cannot be deemed to constitute an
ostensibly valid marriage for which petitioner might be held liable for
bigamy unless he first secures a judicial declaration of nullity before he
contracts a subsequent marriage. (Pro hac vice case)
Rep. v. Orbecido, G.R. NO. 154380, Oct. 05, 2005 472 SCRA 114
Whether or not, a Filipino Spouse can remarry under ARTICLE 26 OF
THE FAMILY CODE where his,her spouse is later naturalized as a foreign
citizen and obtains a valid divorce decree capacitating him or her to
remarry. The reckoning point is not the citizenship of the parties at the
time of the celebration of the marriage, but their citizenship at the time a
valid divorce is obtained abroad by the alien spouse capacitating the latter
to remarry.
Corpuz v. Sto. Tomas, G.R. NO. 186571, Aug. 11, 2010 628
266
SCRA
In Gerberts case, since both the foreign divorce decree and the national
law of the alien, recognizing his or her capacity to obtain a divorce,
purport to be official acts of a sovereign authority, Section 24, Rule 132
of the Rules of Court comes into play. This Section requires proof, either
by (1) official publications or (2) copies attested by the officer having legal
custody of the documents. If the copies of official records are not kept in
the Philippines, these must be (a) accompanied by a certificate issued by
the proper diplomatic or consular officer in the Philippine foreign service
stationed in the foreign country in which the record is kept and (b)
authenticated by the seal of his office.
David and Leticia are US citizens who own properties in the USA and in the
Philippines. Leticia obtained a decree of divorce from the Superior Court of California
in June 2005 wherein the court awarded all the properties in the USA to Leticia. With
respect to their properties in the Philippines, Leticia filed a petition for judicial
separation of conjugal properties. The Court ruled that even if the Court applies the
doctrine of processual presumption as the lower courts did with respect to the
property regime of the parties, the recognition of divorce is entirely a different matter
because, to begin with, divorce is not recognized between Filipino citizens in the
Philippines. Absent a valid recognition of the divorce decree, it follows that the parties
are still legally married in the Philippines. The trial court thus erred in proceeding
directly to liquidation. DAVID A. NOVERAS vs. LETICIA T. NOVERAS, G.R. No.
188289, August 20, 2014, J. Perez
DEL SOCORRO vs. VAN WILSEM, G.R. No. 193707 , December 10, 2014
A foreigner was sued for support. The Supreme Court ruled that Article 195 of the
New Civil Code cannot apply to him, since Article 15 of the New Civil Code stresses the
principle of nationality. Philippine laws, specifically the provisions of the Family Code
relating to support, only apply to Filipino citizens. By analogy, the same principle
applies to foreigners such that they are governed by their national law with respect to
family rights and duties.
DEL SOCORRO vs. VAN WILSEM, G.R. No. 193707 , December 10, 2014
Under the doctrine of processual presumption, if the foreign law involved is not
properly pleaded and proved, our courts will presume that the foreign law is the same
as our local or domestic or internal law. Hence, pleading a foreign law without proving
the same will bar its application in the Philippines.
SAUDI ARABIAN AIRLINES (SAUDIA) AND BRENDA VS. SACAR-ADIONG ET. AL.,
G.R. NO. 198587. January 14, 2015
All told, the considerations for assumption of jurisdiction by Philippine tribunals as
outlined in Bank of America, NT&SA have been satisfied. First, all the parties are based
in the Philippines and all the material incidents transpired in this jurisdiction. Thus,
the parties may conveniently seek relief from Philippine tribunals. Second, Philippine
tribunals are in a position to make an intelligent decision as to the law and the facts.
Third, Philippine tribunals are in a position to enforce their decisions. There is no
compelling basis for ceding jurisdiction to a foreign tribunal. Quite the contrary, the
immense public policy considerations attendant to this case behoove Philippine
tribunals to not shy away from their duty to rule on the case.
Human Relations; Abuse of Rights, Unjust Enrichment; Malicious
Prosecution; Independent Civil Action; Arts. 1724; 2142; 2154;
A law student was allowed to graduate by his school with a failing grade
but was later on prohibited by the said school to take the bar exams. The
negligent act of a professor who fails to observe the rules of the school,
for instance by not promptly submitting a student's grade, is not only
imputable to the professor but is an act of the school, being his
employer.
UP v. Philab, G.R. NO. 152411, Sept. 29, 2004 439 SCRA 467
Whether or not UP is liable to pay PHILAB considering that it is only a
donee of FEMF, FEMF being the one which funded the project, and
despite being a donee, unjust enrichment still applies to UP. In order
that accion in rem verso may prosper, the essential elements must be
present: (1) that the defendant has been enriched, (2) that the plaintiff
has suffered a loss, (3) that the enrichment of the defendant is without
just or legal ground, and (4) that the plaintiff has no other action
based on contract, quasi-contract, crime or quasi-delict.
Beumer vs. Amores, G.R. NO. 195670, Dec. 03, 2012 686 SCRA 770
An action for recovery of what has been paid without just cause has been
designated as an accion in rem verso. This provision does not apply if, as
in this case, the action is proscribed by the Constitution or by the
application of the pari delicto doctrine.
Padalhin vs. Lavia, G.R. NO. 183026,Nov. 14, 2012 685 SCRA 549
Nestor himself admitted that he caused the taking of the pictures of
Lavina's residence without the latter's knowledge and consent. Nestor
violated the New Civil Code prescriptions concerning the privacy of one's
residence and he cannot hide behind the cloak of his supposed
benevolent intention to justify the invasion.
SPOUSES VELASCO v WATERFIELDS INDUSTRIES CORPORATION, G.R No.
177484, July 18, 2014
Waterfields Corp. and the spouses Manzanilla entered into a contract of lease. When
Waterfields breached the contract by failing to pay rent, the lessors brought an
ejectment suit. Waterfields claims that if it was ejected prior to the expiration of the
lease, it would be tantamount to unjust enrichment as Waterfields already introduced
substantial improvements on the property.
The principle of unjust enrichment requires two conditions: (1) that a person is
benefited without a valid basis or justification, and (2) that such benefit is derived at
the expense of another.
It does not, however, apply in this case since any benefit that the spouses Manzanilla
may obtain from the subject premises cannot be said to be without any valid basis or
justification. It is well to remind Waterfields that they violated the contract of lease
and that they failed to vacate the premises upon demand. Hence, the spouses
Manzanilla are justified in recovering the physical possession thereof and
consequently, in making use of the property. Besides, in violating the lease by failing
to pay the rent, Waterfields took the risk of losing the improvements it introduced
thereon in favor of the spouses Manzanilla.
WILLAWARE PRODUCTS CORPORATION vs. JESICHRIS MANUFACTURING
CORPORATION, G.R. No. 195549, September 3, 2014
Article 28 of the Civil Code provides that unfair competition in agricultural,
commercial or industrial enterprises or in labor through the use of force,
intimidation, deceit, machination or any other unjust, oppressive or high-handed
method shall give rise to a right of action by the person who thereby suffers damage.
What is being sought to be prevented is not competition per se but the use of unjust,
oppressive or highhanded methods which may deprive others of a fair chance to
engage in business or to earn a living. Thus, when a manufacturer of plastic
kitchenware products employed the former employees of a neighboring partnership
engaged in the manufacture of plastic automotive parts; deliberately copied the
latters products and even went to the extent of selling these products to the latters
customers, there is unfair competition.
LORIA vs. MUOZ, G.R. No. 187240, October 15, 2014
The principle of unjust enrichment has two conditions. First, a person must have
been benefited without a real or valid basis or justification. Second, the benefit was
derived at another persons expense or damage. In this case, Loria received
P2,000,000.00 from Muoz for a subcontract of a government project to dredge the
Masarawag and San Francisco Rivers in Guinobatan, Albay. However, contrary to the
parties agreement, Muoz was not subcontracted for the project. Nevertheless, Loria
retained the P2,000,000.00. Thus, Loria was unjustly enriched. He retained Muozs
money without valid basis or justification. Under Article 22 of the Civil Code of the
Philippines, Loria must return the P2,000,000.00 to Muoz.
Civil Personality; Birth; Death; Arts 37, 38, 39 40, 41, 42; 390, 391,
712, 777 NCC; Art. 41, 96 &124, 99 & 126, 142 FC
Geluz vs CA, July 20, 1961
It is unquestionable that the appellants act in provoking the abortion of
appellees wife, without medical necessity to warrant it, was a criminal
and morally reprehensible act, that cannot be to severely condemned;
and the consent of the woman or that of her husband does not excuse it.
But the immorality or illegality of the act does not justify an award of
damage that, under the circumstances on record, have no factual or legal
basis.
Quimiguing vs ICAO, 34 SCRA 132 (1970
A conceived child, although as yet unborn, is given by law a provisional
personality of its own for all purposes favorable to it, as explicitly
provided under article 40 of the civil code.
Continental Steel v. Montao, G.R. NO. 182836 , Oct.13, 2009 603
SCRA 621
Whether or not, a death of a fetus is considered a death of a dependent of
the parent. One need not acquire civil personality first before
he/she
could die. Even a child inside the womb already has life. No less than
the Constitution recognizes the life of the unborn from conception, that
the State must protect equally with the life of the mother. If the unborn
already has life, then the cessation thereof even prior to the child being
delivered, qualifies as death.
Domicile; Arts 50 & 51 NCC; Arts. 68 & 69, FC; Residence v.
Domicile; Annulment or Nullity of Marriages AM 02-11-10 SC;
Settlement of Estate
Marriage
Definition, Marriage as contract and social institution, Presumption
of Marriage, Proof of Marriage,Offer of Marriage
Tuazon vs CA, 256 SCRA 158
Our Family Law is based on the policy that marriage is not a mere
contract, but a social institution in which the State is vitally interested.
Perido vs Perido, 63 SCRA 97
It is the union (and inviolable social institution) of one man with one
woman for the reciprocal blessings of a domestic home life, and for the
birth, rearing, and education of children. In one case, the Supreme Court
ruled that marriage is also a new relation in the maintenance of which
the general public is interested.
People v. Casao, 220 SCRA 362
The offer of the accused to marry the victim establishes his guilt. As a
rule in rape cases, an offer of marriage is an admission of guilt
(1984)
The mere fact that no record of the marriage exists in the registry of
marriage does not invalidate said marriage, as long as in the celebration
thereof, all requisites for its validity are present. The forwarding of a copy
of the marriage certificate to the registry is not one of said requisites.
Pugeda vs. Trias, 4 SCRA 849, 855 (1962)
The defendants questioned the marriage of plaintiff by presenting the
records of the municipality of Rosario, Cavite to show that there is no
record of the alleged marriage. The court admitted evidence consisting of
the testimonies of witnesses.
Trinidad vs. Court of Appeals, et. al., 289 SCRA 188 (1998)
The Supreme Court held that the following may be presented as proof of
marriage: (a) testimony of a witness to the matrimony; (b) the couples
public and open cohabitation as husband and wife after the alleged
wedlock; (c) the birth and baptismal certificate of children born during
such union; and (d) the mention of such nuptial in subsequent
documents.
Hernandez vs. CA, 320 SCRA 76.
The law favors the validity of marriage because the State is interested in
the preservation of the family and sanctity of the family is a matter of
constitutional concern. The burden of proof to show the nullity of the
marriage rests upon the party seeking its nullity
Aonuevo v. Estate of Jalandoni G.R. NO. 178221, Dec. 1, 2010 636
SCRA 420
The birth certificate of Sylvia was presented to prove the marriage
between Isabel and John despite the absence of the marriage certificate.
The court held that the birth certificate may serve as evidence to prove
the marriage between Isabel and John , as it contains the following
notable entries: (a) that Isabel and John Desantis were "married" and (b)
that Sylvia is their "legitimate" child.
Villatuya v. Tabalingcos, A.C. NO. 6622 676 SCRA 37
A lawyer was married three times, while the first marriage was still
subsisting, his marriage contracts as certified by the NSO was presented
in the disbarment proceeding to prove his subsequent marriages. For
purposes of disbarment proceeding, these marriage contracts bearing the
name of respondent are competent and convincing evidence proving that
he committed bigamy.
Compare the case of Aonuevo v. Estate of Jalandoni and Villatuya
v. Tabalingcos A.C. NO. 6622 676 SCRA 37
Cario v. Cario, G.R. NO. 132529 , Feb. 02, 2001 351 SCRA 127
Whether or not the certification by the registrar of the non-existence of
marriage license is enough to prove non-issuance thereof. The records
reveal that the marriage contract of petitioner and the deceased bears no
marriage license number and, as certified by the Local Civil Registrar of
San Juan, Metro Manila, their office has no record of such marriage
license.
Requirements of Marriage
Essential requisite
Legal Capacity and Consent
Formal Requisite
Marriage License ; Civil Wedding v. Church Wedding; Certificate of
Civil Registrar;
Alcantara v. Alcantara, G.R. NO. 167746, Aug. 28,2007 531 SCRA
446
Whether or not, a marriage license issued by a municipality or city to a
non-resident invalidates the license. Issuance of a marriage license in a
city or municipality, not the residence of either of the contracting parties,
and issuance of a marriage license despite the absence of publication or
prior to the completion of the 10-day period for publication are
considered mere irregularities that do not affect the validity of the
marriage
Abbas v. Abbas, G.R. NO. 183896 , Jan. 30, 2013 689 SCRA 636
The Municipal Civil Registrar of Carmona, Cavite, where the marriage
license of Gloria and Syed was allegedly issued, issued a certification to
the effect that no such marriage license for Gloria and Syed was issued,
and that the serial number of the marriage license pertained to another
couple, Arlindo Getalado and Myra Mabilangan. The fact that the names
in said license do not correspond to those of Gloria and Syed does not
overturn the presumption that the registrar conducted a diligent search
of the records of her office.
Compare the case of Abbas v. Abbas and Alcantara v. Alcantara
Sy v. CA, G.R. NO. 127263 , Apr. 12, 2000 330 SCRA 550
In this case the marriage license was issued on September 17,1974,
almost one year after the ceremony took place on November 15, 1973.
The ineluctable conclusion is that the marriage was indeed contracted
without a marriage license.
Marriages Exempted from the License Requirement Art. 27 34 FC
Cruz v. Catandes, C.A., 39 O.G. NO. 18, p. 324
In a marriage in articulo mortis, while it is advisable that a witness to the
marriage should sign the dying partys signature if the latter be
physically unable to do so, still if upon order of the solemnizing official,
another person should so sign, the marriage is still valid. The law as
is a Filipino at the
a foreign divorce that
the citizenship of the
marriage, but their
citizenship at the time a valid divorce is obtained abroad by the alien spouse
capacitating the latter to remarry.
Corpuz v. Sto. Tomas, G.R. NO. 186571, Aug. 11, 2010 628 SCRA
266
A judgment of divorce is a judicial decree, although a foreign one,
affecting a persons legal capacity and status that must be recorded. But
while the law requires the entry of the divorce decree in the civil registry,
the law and the submission of the decree by themselves do not ipso facto
authorize the decrees registration.
Classification of Marriages,
NCC;FC;AM 02-11-10 SC
Relationships.
Parties
In
Interest;
Valid
Voidable
Void
Terminable
Others
Classifications
Legal
Separation
Separation
in
Fact
1003 of the Civil Code Necessarily, therefore, the right of the petitioner to
bring the action hinges upon a prior determination of
whether
Cresenciano had any descendants, ascendants, or children (legitimate or
illegitimate), and of whether the petitioner was the late Cresencianos
surviving heir. Such prior determination must be made by the trial court,
for the inquiry thereon involves questions of fact.
Juliano-Llave v. Republic, G.R. NO. 169766 , Mar. 30, 2011 646
SCRA 637
The marriage between the late Sen. Tamano and Zorayda was celebrated
in 1958, solemnized under civil and Muslim rites. The only law in force
governing marriage relationships between Muslims and non-Muslims
alike was the Civil Code of 1950, under the provisions of which only one
marriage can exist at any given time.
Procedure in declaration of nullity of marriage
Carlos v. Sandoval G.R. NO. 179922 , Dec. 16, 2008 574 SCRA 116
Whether a marriage may be declared void ab initio through a judgment
on the pleadings or a summary judgment and without the benefit of a
trial. The grounds for declaration of absolute nullity of marriage must be
proved. Neither judgment on the pleadings nor summary judgment is
allowed. So is confession of judgment disallowed.
Bolos v. Bolos, G.R. NO. 186400 , Oct. 20, 2010 634 SCRA 429
Whether or not A.M. NO. 02-11-10-SC RULE ON DECLARATION OF
ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF
VOIDABLE MARRIAGES is applicable to marriages solemnized before
the effectivity of Family Code. NO. The Rule on Declaration of Absolute
Nullity of Void Marriages and Annulment of Voidable Marriages as
contained in A.M. NO. 02-11-10-SC which the Court promulgated on
March 15, 2003
Article 36, FC; AM 02-11-10 SC; See also Articles 48, 68-71, 220-221
& 225 FC
Psychological
Incapacity
Definition
Aurelio v. Aurelio, G.R. NO. 175367 , Jun. 6, 2011 650 SCRA 561
Whether or not a petition for nullity of marriage on the ground of
psychological incapacity may be dismiss for failure to comply with the
guidelines set forth in the Molina Ruling. Let it be remembered that each
case involving the application of Article 36 must be treated distinctly and
judged not on the basis of a priori assumptions, predilections or
generalizations but according to its own attendant facts.
Kalaw v. Fernandez, G.R. NO. 166357 , Sept 19, 2011 657 SCRA 822
He presented the testimonies of two supposed expert witnesses who
concluded that respondent is psychologically incapacitated, but the
conclusions of these witnesses were premised on the alleged acts or
behavior of respondent which had not been sufficiently proven. Sexual
infidelity per se is a G.R.ound for legal separation, but it does not
necessarily constitute psychological incapacity.
Toring v. Toring, G.R. NO. 165321 , Aug. 03, 2010 626 SCRA 389
We are in no way convinced that a mere narration of the statements of
Ricardo and Richardson, coupled with the results of the psychological
tests administered only on Ricardo, without more, already constitutes
sufficient basis for the conclusion that Teresita suffered from Narcissistic
Personality Disorder. This Court has long been negatively critical in
considering psychological evaluations, presented in evidence, derived
solely from one-sided sources, particularly from the spouse seeking the
nullity of the marriage.
Baccay v. Baccay, G.R. No 173138 , Dec, 1, 2010 636 SCRA 350
In this case, the totality of evidence presented by Noel was not sufficient
to sustain a finding that Maribel was psychologically incapacitated. Noels
evidence merely established that Maribel refused to have sexual intercourse
with him after their marriage, and that she left him after their quarrel
when he confronted her about her alleged miscarriage.
Agraviador v. Agraviador G.R.NO.170729 , Dec. 08, 2010 637 SCRA
519
In the present case, the petitioners testimony failed to establish that the
respondents condition is a manifestation of a disordered personality
rooted on some incapacitating or debilitating psychological condition that
makes her completely unable to discharge the essential marital
obligations. If at all, the petitioner merely showed that the respondent
had some personality defects that showed their manifestation during the
marriage; his testimony sorely lacked details necessary to establish that
the respondents defects existed at the inception of the marriage.
615
307
Reapperance
449
Although the result of the Court of Appeals denial of the appeal would
apparently be the same, there is a big difference between having the
supposed appeal dismissed for lack of jurisdiction by virtue of the fact
that the RTC decision sought to be appealed is immediately final and
executory, and the denial of the appeal for lack of merit. In the former,
the supposed appellee can immediately ask for the issuance of an Entry
of Judgment in the RTC, whereas, in the latter, the appellant can still
raise the matter to this Court on petition for review and the RTC
judgment cannot be executed until this Court makes the final
pronouncement.
Rep. v. Granada, G.R. NO. 187512, June 13, 2012 672 SCRA 432
As a matter of course, it follows that no appeal can be had of the trialcourt's
judgment in a summary proceeding for the declaration of presumptive
death of an absent spouse under Article 41 of the Family Code. It goes
without saying, however, that an agG.R.ieved party may file a petition for
certiorari to question abuse of discretion amounting to lack of
jurisdiction.
Terminable Marriage; Art. 43 44 FC
Effects of termination of subsequent marriage
Effects of Bad Faith
Armas v. Calisterio, G.R. NO.136467, Apr. 06, 2000 330 SCRA 201
Bad faith imports a dishonest purpose or some moral obliquity and
conscious doing of wrong it partakes of the nature of fraud, a breach of a
known duty through some motive of interest or ill-will.
Voidable Marriages; Art. 45- 49 FC
Definition
Suntay vs. Cojuangco-Suntay, 300 SCRA 760, 771 (1998)
A voidable marriage is considered valid and produces all its civil effects
until it is set aside by final judgment of a competent court in an action
for annulment. The terms annul and null and void have different legal
connotationsand implications. Annul means to reduce to nothing; to
nullify; to abolish; to do away with; whereas, null and void is something
that does not exist from the beginning.
Characteristics
of
Voidable
Marriages
Manzano vs. Sanchez, A.M. NO.00-1329, Mar. 08, 2001 354 SCRA 1
The fact that Manzano and Payao had been living apart from their
respective spouses for a long time already is immaterial. Article 63(1) of
the Family Code allows spouses who have obtained a decree of legal
separation to live separately from each other, but in such a case the
marriage bonds are not severed.
SSS v. Aguas, G.R. NO. 165546 , Feb. 27, 2006 483 SCRA 383
On the claims of Rosanna, it bears stressing that for her to qualify as a
primary beneficiary, she must prove that she was "the legitimate spouse
dependent for support from the employee, whether one is actually
dependent for support upon the other is something that has to be shown;
it cannot be presumed from the fact of marriage alone. The obvious
conclusion then is that a wife who is already separated de facto from her
husband cannot be said to be "dependent for support" upon the
husband, absent any showing to the contrary.
Defenses in Legal Separation Art. 56- 57
Cooling off period; Art. 58 59
Pacete vs. Carriaga, Jr., G.R. NO. L-53880, March 17, 1994.
In this interim, the court should take steps toward getting the parties to
reconcile.
Somosa-Ramos vs. Vamenta, Jr., G.R. NO. L-34132, July 29,1972
During this period, the court where the action is pending shall remain
passive and is precluded from hearing the suit.
Rule of Procedure on Legal Separation (A.M. NO. 02-11-11 SC);
Rule on Provisional Orders (AM 02-11-12 SC);
Baez vs. Baez, G.R. NO. 132592 , Jan. 23, 2002 374 SCRA 340
The effects of legal separation, such as entitlement to live separately,
dissolution and liquidation of the absolute community or conjugal
partnership, and custody of the minor children, follow from the decree of
legal separation. They are not separate or distinct matters that may be
resolved by the court and become final prior to or apart from the decree
of legal separation.
Pacete vs. Carriaga, G.R. NO. 53880, Mar. 17, 1994 231 SCRA
321
169
Marital rights including coverture and living in conjugal dwelling may not
be enforced by the extra-ordinary writ of habeas corpus. With his full
mental capacity coupled with the right of choice, Potenciano Ilusorio may
not be the subject of visitation rights against his free choice. Otherwise,
we will deprive him of his right to privacy.
Go vs. CA G.R. NO.114791, May 29, 1997 272 SCRA 752
Under Article 117 of the Civil Code (now Article 73 of the Family Code),
the wife may exercise any profession, occupation or engage in business
without the consent of the husband. In the instant case, we are
convinced that it was only petitioner Nancy Go who entered into the
contract with private respondent.
Family expenses and management of the
household
Pre-nuptial
Agreement;
Concept
PHILIPPINE NATIONAL BANK v GARCIA et al, G.R No. 182839, June 2, 2014
Registration of a property alone in the name of one spouse does not destroy its
conjugal nature. What is material is the time when the property was acquired. The
registration of the property is not conclusive evidence of the exclusive ownership of
the husband or the wife. Although the property appears to be registered in the name
of the husband, it has the inherent character of conjugal property if it was acquired
for valuable consideration during marriage. In order to rebut the presumptive
conjugal nature of the property, the petitioner must present strong, clear and
convincing evidence of exclusive ownership of one of the spouses. The burden of
proving that the property belongs exclusively to the wife or to the husband rests
upon the party asserting it.
MENDOZA v FERMIN, G.R No. 177235, July 7, 2014
As Leonardo and Serconsision were married sometime in 1985, the applicable
provision governing the property relations of the spouses is Article 172 of the Civil
Code of the Philippines which states that the wife cannot bind the conjugal
partnership without the husbands consent. The disposal by the wife of their
conjugal property without the husbands consent is voidable under Article 173,
which states that contracts entered by the husband without the consent of the wife
when such consent is required are annullable at her instance during the marriage
and within ten years from the transaction questioned.
In the present case, the fictitious Deed of Absolute Sale was executed on September
22, 1986, one month after Leonardo died. Auroras one of the heirs and the duly
appointed administratrix of Leonardos estate, had the right therefore to seek for the
annulment of the Deed of Sale as it deprived her and the other legal heirs of
Leonardo of their hereditary rights.
LAVADIA v HEIRS OF JUAN LUCES LUNA, G.R No. 171914, July 23, 2014
Due to the second marriage between Atty. Luna and the petitioner being void ab initio
by virtue of its being bigamous, the properties acquired during the bigamous
marriage were governed by the rules on co-ownership, conformably with Article 144
of the Civil Code.
In such a situation, whoever alleges co-ownership carried the burden of proof to
confirm such fact. To establish co-ownership, therefore, it became imperative for the
Lavadia to offer proof of her actual contributions in the acquisition of property. Her
mere allegation of co-ownership, without sufficient and competent evidence, would
warrant no relief in her favor.
BARRIDO vs. NONATO, G.R. No. 176492, October 20, 2014
After the marriage of petitioner and respondent has been declared void, petitioner
filed a complaint for the partition of the house and lot obtained by them during their
marriage. The SC ruled that what governs them is Art. 147 of the Family Code. Under
this article, property acquired by both spouses through their work and industry shall
be governed by the rules on equal co-ownership. Any property acquired during the
union is prima facie presumed to have been obtained through their joint efforts. A
party who did not participate in the acquisition of the property shall be considered as
having contributed to the same jointly if said party's efforts consisted in the care and
maintenance of the family household. Efforts in the care and maintenance of the
family and household are regarded as contributions to the acquisition of common
property by one who has no salary or income or work or industry. In the case at bar
since the former spouses both agreed that they acquired the subject property during
the subsistence of their marriage, it shall be presumed to have been obtained by their
joint efforts, work or industry, thus, the property is jointly owned by them in equal
shares.
Property regime by default
LIM vs. EQUITABLE PCI BANK, now known as the BANCO DE ORO UNIBANK INC.,
January 15, 2014
All property of the marriage is presumed to be conjugal, unless it is shown that it is
owned exclusively by the husband or the wife; that this presumption is not overcome
by the fact that the property is registered in the name of the husband or the wife
alone 2and that the consent of both spouses is required before a conjugal property
may be mortgaged. However, we find it iniquitous to apply the foregoing
presumption especially since the nature of the mortgaged property was never raised
as an issue before the RTC, the CA, and even before this Court. In fact, petitioner
never alleged in his Complaint that the said property was conjugal in nature.
Marriage settlement
Parties to Marriage
settlement
possession.
Valencia v. Locquiao, G.R. NO. 122134, Oct. 3, 200 412 SCRA
600
Under the Old Civil Code, donations propter nuptias must be made in a
public instrument in which the property donated must be specifically
described. However, Article 1330 of the same Code provides that
"acceptance is not necessary to the validity of such gifts". In
other words, the celebration of the marriage between the beneficiary
couple, in tandem with compliance with the prescribed form, was enough
to effectuate the donation propter nuptias under the Old Civil Code.
Donation
between
the
parties
88-104);
3,
Rule
Assets
&
87
88-104);
Assets
&
Sec. 3, Rule 87
Concept
Homeowners Savings & Loan Bank vs. Dailo, 453 SCRA 283, 290
(2005)
The regime of conjugal partnership of gains is a special type of
partnership, where the husband and wife place in a common fund the
proceeds, products, fruits and income from their separate properties and
those acquired by either or both spouses through their efforts or by
chance.
Rules governing
CPG
Commencement of CPG
Prohibition on waiver of Rights, Interest, Shares and Effects
Quiao vs. Quiao G.R. NO. 176556 , July 4, 2012 675 SCRA 642
In this provision, net 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."
General Provisions
Dewara v. Lamela G.R. NO. 179010, Apr. 11, 2011 647 SCRA 483
All property of the marriage is presumed to belong to the conjugal
partnership, unless it be proved that it pertains exclusively to the husband
or to the wife. Registration in the name of the husband or the wife
alone does not destroy this presumption.
De Leon v. De Leon G.R. NO. 185063 , Jul. 23, 2009 593 SCRA 768
In the case at bar, ownership over what was once a PHHC lot and
covered by the PHHC-Bonifacio Conditional Contract to Sell was only
transferred during the marriage of Bonifacio and Anita. Evidently, title to
the property in question only passed to Bonifacio after he had fully paid
the purchase price on June 22, 1970.
Section 2. Exclusive Property of Each Spouse (Articles 109-115)
Villegas v. Lingan G.R. NO. 153839 , Jun. 29, 2007 526 SCRA 63
Consequently, as correctly held by the CA, Marilou acquired ownership
of the subject property. All rights and title of the judgment obligor are
transferred upon the expiration of the right of redemption. And where the
redemption is made under a property regime governed by the conjugal
partnership of gains, Article 109 of the Family Code provides that
property acquired by right of redemption is the exclusive property of the
spouses redeeming the property.
Section 3. Conjugal Partnership Property (Articles 116-120); Article
160 NCC
Presumption in Favor of Conjugality
Tan vs. CA, 273 SCRA 229, 236 (1997)
For the presumption to apply, it is not even necessary to prove that the
property was acquired with funds of the partnership. In fact, even when
the manner in which the property was acquired does not appear, the
presumption applies and it will be considered conjugal property.
Imani v. MBTC, G.R. NO.187023,Nov. 17, 2010 635 SCRA
357
The party who invokes it must first prove that the property was acquired
during the marriage. Proof of acquisition during the coverture is a
condition sine qua non to the operation of the presumption in favor of
the conjugal partnership.
Pisuea vs. Heirs of Petra Unating, G.R. NO. 132803 , Aug. 31, 1999
313 SCRA 384
The words "married to" were merely descriptive of Petra Unating's status
at the time the lot was awarded and registered in her name. Since Petra
Unating did not leave any other property, will or debt upon her demise in
1948, the property in question was thus inherited by her children, Felix
and Catalina Villar; and her husband, Aquilino Villar.
Improvement
on
Separate
Property
Determination of Ownership
Ferrer v. Ferrer, G.R. NO.166496 , Nov. 29, 2006 508 SCRA 570
The obligation to reimburse rests on the spouse upon whom ownership
of the entire property is vested. There is no obligation on the part of the
purchaser of the property, in case the property is sold by the ownerspouse.
Section 4.Charges Upon & Oblig.of the Conjugal Partnership (Articles
121-123)
Alipio vs. Court of Appeals, G.R. NO. 134100, Sept. 29,
2000.
Homeowners Savings & Loan Bank vs. Dailo, 453 SCRA 283 (2005)
The burden of proof that the debt was contracted for the benefit of the
conjugal partnership of gains lies with the creditor-party litigant claiming
as such.
Ayala Investment & Development Corp. vs. Court of Appeals, 286
SCRA 272 (1998)
Where the husband contracts obligations on behalf of the family
business, the law presumes, and rightly so, that such obligation will
redound to the benefit of the conjugal partnership.
Ching vs. CA, G.R. NO. 124642 , Feb. 23, 2004 423 SCRA 356
The barefaced fact that the shares of stocks were registered in the
corporate books of Citycorp Investment Philippines solely in the name of
the petitioner-husband does not constitute proof that the petitionerhusband, not the conjugal partnership, owned the same.
Carlos vs. Abelardo, G.R. NO. 146504 , Apr. 09, 2002 380 SCRA 361
On the same principle, acknowledgment of the loan made by the
defendant-wife binds the conjugal partnership since its proceeds
redounded to the benefit of the family. Hence, defendant-husband and
defendant-wife are jointly and severally liable in the payment of the loan.
SBTC v. Mar Tierra Corp., G.R. NO. 143382 , Nov. 29, 2006
SCRA 419
508
687
SCRA 414
Contrary to Efrens contention, Article 121 above allows payment of the
criminal indemnities imposed on his wife, Melecia, out of the partnership
assets even before these are liquidated. Indeed, it states that such
indemnities "may be enforced against the partnership assets after the
responsibilities enumerated in the preceding article have been covered."
No prior liquidation of those assets is required.
Section 5. Administration of the Conjugal Partnership Property
(Articles 124-125)
Joint
Administration
of
CPG
26,
void, while the vitiation thereof makes it merely voidable. Only in the
latter case can ratification cure the defect.
Jader-Manalo vs. Camaisa, G.R. NO. 147978, Jan. 23, 2002
SCRA 498
374
Respondent Norma Camaisa admittedly did not give her written consent
to the sale. Even G.R.anting that respondent Norma actively participated
in negotiating for the sale of the subject properties, which she denied,
her written consent to the sale is required by law for its validity.
Significantly, petitioner herself admits that Norma refused to sign the
contracts to sell.
Rules under the Family Code
Uy vs. CA, G.R. NO. 10955, Nov. 29, 2000 346 SCRA
246
Conjugal
Partnership
Assets
&
Agtarap v. Agtarap, G.R. NO. 177099, Jun. 8, 2011 651 SCRA 455
We hold that the general rule does not apply to the instant case
considering that the parties are all heirs of Joaquin and that no rights of
third parties will be impaired by the resolution of the ownership issue.
More importantly, the determination of whether the subject properties
are conjugal is but collateral to the probate courts jurisdiction to settle
the estate of Joaquin.
Go v. Servacio, G.R. NO. 157537, Sept. 7, 2011 657 SCRA 10
There being no dispute that Protacio, Sr. and Marta were married prior to
the effectivity of the Family Code on August 3, 1988, their property
Property
between a man and a woman who live together as husband and wife
without the benefit of marriage, likewise provides that, if the parties are
incapacitated to marry each other, properties acquired by them through
their joint contribution of money, property or industry shall be owned by
them in common in proportion to their contributions which, in the
absence of proof to the contrary, is presumed to be equal.
Dio v. Dio, G.R. NO. 178044,Jan. 19, 2011 640 SCRA 178
Petitioners marriage to respondent was declared void under Article 36 of
the Family Code and not under Article 40 or 45. Thus, what governs the
liquidation of properties owned in common by petitioner and respondent
are the rules on co-ownership. In Valdes, the Court ruled that the property
relations of parties in a void marriage during the period of cohabitation is
governed either by Article 147 or Article 148 of the Family Code. The
rules on co-ownership apply and the properties of the spouses should be
liquidated in accordance with the Civil Code provisions on co-ownership.
Under Article 496 of the Civil Code, partition may be made by
aG.R.eement between the parties or by judicial proceedings. It is not
necessary to liquidate the properties of the spouses in the same
proceeding for declaration of nullity of marriage.
Lacbayan v. Samoy, G.R. NO. 165427, Mar. 21, 2011 645 SCRA 677
A careful perusal of the contents of the so-called Partition AG.R.eement
indicates that the document involves matters which necessitate prior
settlement of questions of law, basic of which is a determination as to
whether the parties have the right to freely divide among themselves the
subject properties. Moreover, to follow petitioners argument would be to
allow respondent not only to admit against his own interest but that of
his legal spouse as well, who may also be lawfully entitled co-ownership
over the said properties.
Cario v. Cario, G.R. NO. 132529, Feb. 02, 2001 351 SCRA 127
As to the property regime of petitioner Susan Nicdao and the deceased,
Article 147 of the Family Code governs. This article applies to unions of
parties who are legally capacitated and not barred by any impediment to
contract marriage, but whose marriage is nonetheless void for other
reasons, like the absence of a marriage license
San Luis v. San Luis G.R. NO. 133743, Feb. 06, 2007 514 SCRA 294
In the instant case, respondent would qualify as an interested person
who has a direct interest in the estate of Felicisimo by virtue of their
cohabitation, the existence of which was not denied by petitioners. If she
proves the validity of the divorce and Felicisimos capacity to remarry,
but fails to prove that her marriage with him was validly performed
under the laws of the U.S.A., then she may be considered as a co-owner
(1996)
Our family law is based on the policy that marriage is not a mere
contract but a social institution in which the state is vitally interested.
Hontiveros vs. RTC Iloilo City, G.R. NO. 125465, Jun. 29, 1999 309
SCRA 340
Religious relationship and relationship by affinity are not given any legal
effect in this jurisdiction. Consequently, private respondent Ayson, who
is described in the complaint as the spouse of respondent Hontiveros,
and petitioner Maria Hontiveros, who is admittedly the spouse of
petitioner Augusto Hontiveros, are considered strangers to the
Hontiveros family, for purposes of Art. 151.
Gayon v. Gayon, 36 SCRA 104 (1970)
The enumeration of "brothers and sisters" as member of the same family
does not comprehend "sisters-in-law." In that case, then Chief Justice
Concepcion emphasized that "sisters-in-law" (hence, also "brother-inlaw") are not listed under Art. 217 of the New Civil Code as members of
the same family.
Magbaleta vs. Gonong, 76 SCRA 511
Efforts to compromis are not a jurisdictional prerequisite for the
maintenance of an action whenever a stranger to the family is a party
thereto, whether as necessary or indispensable one.
Tiggangay v. Wacas, AM OCA 09-3243, April 1, 2013 694 SCRA 264
Indeed, "there is no affinity between the blood relatives of one spouse and
the blood relatives of the other. A husband is related by affinity to his
wifes brother, but not to the wife of his wifes brother. There is no affinity
between the husbands brother and the wifes sister; this is called
affinitas affinitatis."
CHAPTER 2. THE FAMILY HOME (Arts 152-162)
Olivia De Mesa v. Acero, G.R. NO. 185064 Jan. 16, 2012 663
40
SCRA
The family homes exemption from execution must be set up and proved
to the Sheriff before the sale of the property at public auction. The
petitioners now are barred from raising the same. Failure to do so estop
them from later claiming the said exemption.
Manacop vs. CA, 277 SCRA 57
(1997)
Articles 152 and 153 of the Family Code do not have a retroactive effect
such that all existing family residences are deemed to have been
constituted as family homes at the time of their occupation prior to the
effectivity of the Family Code and are exempt from execution for the
payment of obligations incurred before the effectivity of the Family Code.
TITLE VI. PATERNITY & FILIATION
Chapter I Legitimate Children
Types of Filiation
Status of Children
Distinction between Paternity and Filiation
Laws
governing
Paternity
and
Filiation
Presumption of Legitimacy
How to impugn Childs Legitimacy
Benitez-Badua vs. CA G.R. NO. 105625, Jan. 24, 1994 229 SCRA 468
Article 170 of the Family Code is inapplicable to this case because this is
not an action to impugn the legitimacy of a child, but an action of the
private respondents to claim their inheritance as legal heirs of their
childless deceased aunt. They do not claim that petitioner Violeta
Cabatbat Lim is an illegitimate child of the deceased, but that she is not
the decedent's child at all.
Liyao vs. Tanhoti-Liyao,G.R. NO. 138961, Mar. 07, 2002 378 SCRA
563
The grounds for impugning the legitimacy of the child mentioned in
Article 255 of the Civil Code may only be invoked by the husband, or in
proper cases, his heirs under the conditions set forth under Article 262
of the Civil Code.
Labagla vs. Santiago, G.R. NO. 132305, Dec. 04, 2001 371 SCRA 360
A baptismal certificate, a private document, is not conclusive proof of
filiation. More so are the entries made in an income tax return, which
only shows that income tax has been paid and the amount thereof.
Macadangdang vs. Court of Appeals, 100 SCRA 73
In this case the husband and the wife continued to live in the same
province after their alleged separation, the Court did not discount the
possibility of physical access to each other considering their proximity to
each other and considering further that the wife still visited
and
recuperated in her mothers house where her spouse resided with their
children.
Andal vs. Macaraig, 89 Phil 165
The court held that just because tuberculosis is advanced in a man does
not necessarily mean that he is incapable of sexual intercourse. There
are cases where persons suffering from tuberculosis can do the carnal
act even in the most crucial stage of health because then they seemed to
be more inclined to sexual intercourse.
Tison vs CA, 276 SCRA 582 (1997)
The issue of legitimacy cannot be attacked collaterally.
BBB, vs. AAA, G.R. No. 193225, February 09, 2015
It was improper for BBB, knowing that CCC was not his biological son, to have CCC
legitimated after the celebration of BBB and AAAs marriage. The legal process of
legitimation was trifled with when BBB voluntarily but falsely acknowledged CCC as
his son. The principle of estoppel under Article 1431 thus applies, and it now bars
BBB from making an assertion contrary to his previous representations. He should
not be allowed to evade a responsibility arising from his own misrepresentations. He
is bound by the effects of the legitimation process. CCC remains to be BBBs son, and
pursuant to Article 179 of the Family Code, the former is entitled to the same rights
as those of a legitimate child, including the receipt of his fathers support.
CHAPTER 2. PROOF OF FILIATION (Articles 172-174)
Solinap vs. Locsin Jr. G.R. NO. 146737 , Dec. 10, 2001 371 SCRA
711
Whether or not the certificate of live birth (Exhibit D) as presented by the
respondent, including the photograph showing that he and his mother
attended the deceased funeral, is sufficient to proof filiation of the petitioner
to the deceased. A birth certificate offers only prima facie evidence of
evidence.
Verceles v. Posada, G.R. NO.159785, Apr. 27, 2007 522 SCRA 518
The court held that 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 consummated act of acknowledgement of the child,
and no further court action is required
De Asis vs CA, 303 SCRA 176
Paternity or filiation, or the lack of it, is a relationship that must be
judicially established and it is for the court to declare its existence or
absence.
Lucas v. Lucas, G.R. NO. 190710, Jun. 6, 2011 650 SCRA 667
Although a paternity action is civil, not criminal, the constitutional
prohibition against unreasonable searches and seizures is still applicable,
and a proper showing of sufficient justification under the particular
factual circumstances of the case must be made before a court may order
a compulsory blood test.
Rodriguez vs. CA, G.R. NO. 85723, Jun. 19, 1995 245 SCRA 150
When a recognition has been made by one parent, the name of the other
parent may be revealed in an action by the child to compel such other
parent to recognize him also.
Heirs of Cabais vs. CA, G.R. NO. 106314-15,Oct. 08, 1999 316 SCRA
338
A baptismal certificate, a private document, which, being hearsay, is not
a conclusive proof of filiation.
Cenido vs. Apacionado, G.R .NO. 132474, Nov. 19, 1999 318
688
SCRA
Under the law, this statement must be made personally by the parent
himself or herself, not by any brother, sister or relative; after all, the
concept of recognition speaks of a voluntary declaration by the parent, or
if the parent refuses, by judicial authority, to establish the paternity or
maternity of children born outside wedlock.
Tayag v. Tayag-Gallor, G.R. NO. 174680, Mar. 24, 2008 549 SCRA 68
Petitioner, however, overlooks the fact that respondents successional
rights may be established not just by a judicial action to compel
recognition but also by proof that she had been voluntarily acknowledged
of
Adoption
required.
Republic vs. CA & Bobiles, G.R. NO.92326, Jan. 24, 1992 205 SCRA
356
Under the Child and Youth Welfare Code, private respondent had the right
to file a petition for adoption by herself, without joining her husband
therein. When Mrs. Bobiles filed her petition, she was exercising her
explicit and unconditional right under said law.
Lahom vs. Sibulo, G.R. NO. 143989, July 14,
2003
of
liability
for
support
Parents
Perez v. CA, G.R. NO. 118870, Mar. 29, 1996 255 SCRA 661
Only the most compelling of reasons shall justify the court's awarding
the custody of such a child to someone other than his mother, such as
her unfitness to exercise sole parental authority. In the past the following
grounds have been considered ample justification to deprive a mother of
custody and parental authority: neglect, abandonment, unemployment
and immorality, habitual drunkenness, drug addiction, maltreatment of
the child, insanity and being sick with a communicable disease.
Laxamana v. Laxamana, G.R. NO. 144763, Sept. 3, 2002 388 SCRA
296
It is clear that every child [has] rights which are not and should not be
dependent solely on the wishes, much less the whims and caprices, of
his parents. His welfare should not be subject to the parents' say-so or
mutual agreement alone. Where, as in this case, the parents are already
separated in fact, the courts must step in to determine in whose custody
the child can better be assured the rights granted to him by law. The
need, therefore, to present evidence regarding this matter, becomes
imperative.
Beckett v. Sarmiento, Jr. AM NO. RTJ-12-2326, Jan. 30, 2013 689
SCRA 494
In a very real sense, then, a judgment involving the custody of a minor
child cannot be accorded the force and effect of res judicata. Now to
may
exercise
Substitute
Parental Authority
Authority
UPON
THE
Licel was only 14 years old, definitely a minor, on May 22, 2001, when
she was presented before respondents sala to affirm the execution of her
affidavit of desistance. This being the case, said affidavit should have
been executed with the concurrence of her parents. Licel could not
validly give consent to an affidavit of desistance, for a minor is
incompetent to execute such an instrument.
Liability of Parents for damages caused by their minor children
CHAPTER 4. EFFECT OF PARENTAL AUTHORITY UPON
PROPERTY OF THE CHILDREN
THE
(Articles 225-227)
Lindain v. CA, G.R. NO. 95305 , Aug. 20, 199 212 SCRA 725
Under the law, a parent, acting merely as the legal (as distinguished
from judicial) administrator of the property of his/her minor children,
does not have the power to dispose of, or alienate, the property of said
children without judicial approval.
Neri v. Heirs of Hadji Yusop, G.R. No 194366, Oct. 10, 2012 683
SCRA 253
Administration includes all acts for the preservation of the property and
the receipt of fruits according to the natural purpose of the thing. Anyact
of disposition or alienation, or any reduction in the substance of the
patrimony of child, exceeds the limits of administration. Thus, a father or
mother, as the natural guardian of the minor under parental authority,
does not have the power to dispose or encumber the property of the latter
CHAPTER 5. SUSPENSION
AUTHORITY (Arts 228-233)
OR
TERMINATION
OF
PARENTAL
INVOLVING
PARENTAL AUTHORITY
See RA 9262 (Anti Violence against Women and Children [VAWC]) &
IRR
A.M. NO. 02-11-12-SC- Re: Proposed Rule on Provisional Orders
(March 4, 2003)
A.M. NO. 03-02-05-SC- Re: Proposed Rule on Guardianship of Minors
(April 1, 2003)
A.M. NO. 03-04-SC- Re: Proposed Rule on Custody of Minors and
Writ of
Habeas Corpus in Relation to Custody of Minors (April 30, 2003)
CHAPTER
4.
OTHER
MATTERS
PROCEEDINGS (Article 253)
SUBJECT
TO
SUMMARY
Uy (Jardeleza) vs. CA, G.R. NO. 109557, Nov. 29, 2000 346 SCRA
246
Rule 95 of the ROC, not the Rule on Summary Proceedings in the Family
Code, shall apply in a sale of a conjugal property where one spouse is is
an incompetent. A comatose spouse is incompetent.
Republic v. Tango, G.R. NO.161062, Jul. 31, 2009 594 SCRA 560
By express provision of law, the judgment of the court in a summary
proceeding shall be immediately final and executory. As a matter of
course, it follows that no appeal can be had of the trial courts judgment
in a summary proceeding for the declaration of presumptive death of an
absent spouse under Article 41 of the Family Code.
Rep. v. Bermudez-Lorino G.R. NO. 160258 , Jan. 19, 2005 449 SCRA
5
In Summary Judicial Proceedings under the Family Code, there is no
reglementary period within which to perfect an appeal, precisely because
judgments rendered thereunder, by express provision of Section 247,
Family Code, supra, are "immediately final and executory". It was
erroneous, therefore, on the part of the RTC to give due course to the
Republics appeal and order the transmittal of the entire records of the
case to the Court of Appeals.
Title X. FUNERAL (Articles 305 -310, NCC)
Title XII. CARE AND EDUCATION OF CHILDREN (Articles 356 363,
NCC)
PD 603 The Child and Youth Welfare Code
RA 9262 (Anti Violence against Women and Children [VAWC])
IRR; RA 9523
and
176 of the Family Code); IRR of 9255; Passport Law (RA 8239)
Title XIV. ABSENCE (Articles 381-396, NCC);
See Article 41 FC; Rules (Section 4) 73, 74,107, Revised Rules of Court;
Arts.774 & 777; Art. 1456; Arts 22, 2142-2175; Wills & Succession
Chapter 1. Provisional Measures in Case of AbsenceChapter 2.
Declaration of Absence
Chapter 3. Administration of the Property of the Absentee
Chapter 4. Presumption of Death
Chapter 5. Effect of Absence Upon the Contingent Rights of the Absentee
TITLE XII FINAL PROVISIONS (Articles 254-257)