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Persons and Family Relations 2009 (Atty. Sta.

Maria)

CIVIL CODE OF THE PHILIPPINES: Preliminary Title


Article Summary Summarized Annotation: Added Info:
Article 1: Civil Code of the
Philippines
Art. 2: Laws shall take effect 15 - Civil code took effect on August 30, 1950 Covered Under this Rule:
days following the completion - EO 200 was issued by President Aquino on June 1987 which - Presidential decrees and
of their publication provided that pursuant to the ruling in Tañada v. Tuvera executive orders by the
publication need not be made in the Official Gazette, considering president in exercise of his
its erratic release and limited readership. legislative powers.
- Newspapers for general circulation could better perform the - Administrative rules and
function of communicating the laws to the people—more regulations if their purpose
available, wider circulation, comes out regularly. is to enforce or implement
- If a statute does not provide for its effectivity, it will only take existing law pursuant to a
effect 15days after the completion of its publication. (No one shall valid delegation.
be charged under the statute until the completion of the - City charter must be
publication.) published even if it is only
- Statutes may provide for another number of days for publication. applicable to a portion of
The statement “unless otherwise provided” refers only to the 15 national territory
days (which can be changed to a different number) and not the * Interpretative regulation and
requirement of publication. —Publication is indispensable. those internal in nature need not
be published.
Art. 3: Ignorance of the law - It is the presumption that every person knows the law.
excuses no one - Ignorance cannot be put up as a defense because it can always
be used causing disorder in society
- This is the reason why publication is an essential element, so that
no one can excuse himself or herself for not knowing.
Art. 4: Laws shall not be - Statutes are to be construed as having prospective or future
retroactive unless provided operation only it is not meant to be applicable to the past unless it
is expressly provided for or is clearly and necessarily implied from
the law.
Cases when the law may be given retroactive effect:
1. The law expressly provides
2. When the law is curative or remedial – meant to cure defects in
order to enforce existing obligations. To enable people to carry
into effect what they intended in the obligation but could not due
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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.
Art. 5: Acts committed against MANDATORY PROVISIONS OF LAWS: If one fails to commit certain acts
mandatory and prohibitory that are mandatory in the law, it renders the proceeding or acts to which it
laws shall be void. 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)
Art. 6: Waiver of Rights - Rights may be waived unless it is contrary to law, public policy, Examples of what cannot be
morals or good customs, or prejudicial to a third person with a waived:
right recognized by law. 1. Waiver against the right to
- The right must exist at the time of the waiver. purchase land.
Requisites: 2. Waive an action against
1. The person knows that a right exists future fraud
2. Has adequate knowledge upon which to make an intelligent 3. Waive right to receive less
decision than the compensation a
3. Knowledge of the facts related to the right to be waived worker is to receive under
4. Must be shown that the waiver is made knowingly and intelligently the law.
- Rights provided for in statutes can generally be waived unless the object
of the statute is to protect or promote public interest
Art. 7: Repealed Laws - 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
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contrary to laws or the Constitution


REPEAL: legislative act of abolishing a previous statute through a new
law
- Where a portion of a statute is rendered unconstitutional and part
is valid the arts may be separated if they can stand independently
of one another.

Art. 8: Judicial decisions form - Judicial decisions, applying and interpreting laws and the Constitution,
case laws assume the same authority as laws.
Art. 9: Responsibility of the - Judges must not evade performance of their responsibility because of an
courts apparent non-existence or vagueness of a law governing a particular legal
dispute.
Art. 10: It is presumed that the - The court must first apply the law, only when there is ambiguity in
lawmaking body intended right its application should there be any kind of interpretation.
and justice to prevail - The interpretation should be in line with the intent of the
legislature or the end sought to be attained.
Art. 11: Customs CUSTOM: a rule of conduct formed by repetition of acts, uniformly
Art. 12: Customs must be observed as a social rule, which is legally binding and has obligatory
proved accdg. to the rules of force.
evidence. JURIDICAL CUSTOM: Can be a supplement/addition to a statutory law
unlike a social custom, which cannot do so.
Art. 13: Years, days, months 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
Art. 14: Penal laws - All citizens or foreigners who sojourner are subject to all penal Exception:
laws and laws meant for public security and safety. Foreigners who are immune from
- suit and thus cannot be charged
(diplomatic agents)
Art. 15: Nationality rule - Regardless of where a citizen of the Philippines might be he or Thus a Filipino cannot get a
she will still be governed by Philippine laws when it comes to divorce even if he or she goes
family rights, duties, or to his or her legal status and legal abroad, since divorce is not
capacity, recognized in the Philippines
Art. 16: Real & Personal - Real and Personal Property are subject to the law of the country
Property where it is found. However, when it comes to the order, amount,
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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.
Art. 17: Forms and Solemnities Extrinsic validity: the laws shall govern the forms of contracts and wills
of contracts/will, acts done where they are made. Thus a will made in the U.S. must follow the laws
before consular officials, regarding the forms of wills in the U.S.
prohibitive laws 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.

Art. 18: Deficiency in the Code - When there are deficiencies in the Code of Commerce and
of Commerce and special laws Special Laws the civil code will govern such deficiency.
Ex. In the Code of Commerce there is no stated prescription date for a
certain act, thus the provisions on prescription in the civil code will govern.
- However one must check the kind of transaction at hand and
whether the civil code provision is applicable
Ex. In a previous case, the Carriage of Goods by Sea Act there is a one
year prescription for making a claim for loss or damage and the plaintiff
believed that he could extend the prescriptive period by giving a written
demand pursuant to Art. 1155 of the civil code, especially since the civil
code is meant to be supplementary according to Art. 18. However the
Supreme Court ruled that it was not applicable because when it comes to
matters of goods in transport it is desirable that it be resolved at once
taking into consideration the nature of the goods.
HUMAN RELATIONS
Art. 19: Abuse of right - Meant to be a law of justice and fairness especially in instances wherein *The three articles are
doctrine there is no specific law to prevent acts of abuse to another. related to each other and
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- It is a rule of conduct that is meant to create a harmonious and orderly under these articles an act,
relation ship between people which causes injury to
Art. 20: willfully or negligently - Speaks of the general sanction for all other provisions of law, which do another, may be made the
causes damage to another not especially provide their own sanction. basis for an award for
- Designed to fill in the countless gaps in the statues, which leave many damages.
victims without recourse.
Art. 21: Contrary to good Elements:
customs, morals, or public 1. There is an act which is legal
policy 2. But which is contrary to morals, good customs, public order, public policy
3. And it is done with intent to injure
- Presupposes material or other loss which one may suffer as a result of another
person’s act
Art. 22: One who comes into UNJUST ENRICHMENT: one should not unduly profit on something which he
the possession of another is does not own
obliged to make restitution - Thus if one is benefited at the expense of another, he must pay or indemnify the
other for what he has gained.
Art. 23: Even if the act was not
due to ones fault or negligent
he is still liable for indemnity if
he was benefited.
Art. 24: Protecting the rights It is the courts duty to render justice and give protection on account of those who
of the disadvantage are disadvantage due to moral dependence, ignorance, indigence (poverty),
mental weakness, tender age or other handicap.
Art. 25: Extravagance during The courts at the instance of the government or any private charitable institution
acute public want or can order one to stop extreme spending during times of emergency.
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.
Art. 26: Respect privacy of - Meant to enforce the right of one to his privacy in one’s own home, religious
others. Respect for human freedom, prevent moral suffering, vexation, humiliation,
dignity
Art. 27: Public servant refuses - One may file an action for damages against the officer who does not perform his *If the officer is no day off,
or neglects to do his duty official duty without just cause. then one cannot file an
without just cause - A public officer who commits a tort or other wrongful act is still liable to the action against him.
victim.
Art. 28: Unfair competition - Necessary to promote a system of free enterprise and a fair chance for others to
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engage in business and earn a living.


Art. 29: Civil action when guilt - If in a criminal case, the accused is not proven guilty beyond reasonable doubt
is not proved beyond a civil action may be made and the degree of proof necessary is only a
reasonable doubt preponderance of evidence which means that more evidence is adduced to prove
the guilt of the accused compared to that to defend him.
Art. 30: Civil obligation arising - A civil obligation arising from a criminal offense only needs a preponderance of
from a criminal offense evidence as the quantum of proof,
Art. 31: Civil obligation not - Usually a criminal proceeding, if commenced, must be terminated before
arising from the felony 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
driver’s criminal negligence. The first is governed by the civil code and the
second is from the Revised Penal Code.
Art. 32: Civil action for - Necessary to have an absolute separate and independent civil action for the
violation of constitutional violation of civil liberties for the effective maintenance of democracy.
rights
Art. 33: Civil action for - Principle is to allow the citizen to enforce his rights regardless of State action so *Criminal negligence
violation of private rights that citizens will not depend upon the government for the vindication of their own (reckless imprudence) is not
private rights. included in this article, thus
- Includes fraud, defamation, physical injuries and are understood in their an independent action for
ordinary sense. such cannot be made
independently from the
criminal prosecution.
Art. 34: Members of the Police - When there is danger to life or property, such peace officer shall be
Force primarily liable for damages, and the city or municipality shall be
subsidiarily responsible.
- An independent civil action can be instituted wherein a preponderance of
evidence is all that is required.
Art 35: Reservation of civil - When a person claiming to be injured by a criminal offense, charges another but
action the judges fails to find any crime to have been committed or if the prosecuting
attorney refuses/fails to institute criminal proceedings
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Art. 36: Prejudicial Questions - The general rule is that the criminal case takes precedence; an exception
would be if there exist prejudicial questions, which should be resolved
before the criminal case.
PREJUDICIAL QUESTION: That which must precede the criminal action that
which requires a decision before a final judgment is rendered in the principal
action where the said question is closely connected. The resolution of the
Prejudicial question will determine if the criminal action may proceed.
Ex. A and B got married. B then married C. A filed a case for bigamy against B. B
also filed a civil case against C (the second spouse) contending that she was
intimidated into marrying C. The civil case to determine whether there was
intimidation or not must necessary be resolved before the bigamy case. If B was
indeed intimidated in marrying C, there is no bigamy.
CIVIL PERSONALITY: GENERAL PROVISIONS
Art. 37: Juridical Capacity and JURIDICAL CAPACITY: fitness to be the subject of legal relations, inherent in
Capacity to Act. every person and is lost only through death.
- Acquired when one is conceived (rights of the unborn child)
CAPACITY TO ACT: power to do acts with legal effect, may be acquired of lost
- Acquired when one reaches the age of majority, lost in cases like civil
interdiction 1.
Art. 38: Restrictions on the Restrictions on the capacity to act: Minority, insanity or imbecility, state of being a * Both men and women are
capacity to act deaf-mute, prodigality, and civil interdiction are mere restrictions on the capacity qualified from all acts of civil
to act. – Do not exempt the person from certain obligations. life when they reach the age
Art. 39: Modification or limit Modify/limit capacity to act: age, insanity, imbecility, the state of being a deaf- of majority (18 years old)
capacity to act mute, penalty, prodigality, family relations, alienage, absence, insolvency, and
trusteeship.
NATURAL PERSONS
Art. 40: Commencement of - Birth determines personality but the conceived child shall be considered -For purposes of inheritance
Civil personality born for all purposes that are favorable to it. Provided that the conceived and succession, a child
child is later born with the conditions in Art. 41. conceived at the time of
Art. 41: conditions to - The fetus is considered born if it is alive from the time it was completely death of the decedent can s
determine when the child is delivered from the mother’s womb. BUT if the fetus was alive in the
considered conceived. womb for less than 7 months it is not deemed born if it dies within 24
hours it is delivered form the womb.
Art. 42: Civil personality - Death puts an end to civil personality

1
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.

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extinguished at death - 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.
Art. 43: Doubt between the - Applies to persons who are called to succeed each other like mother and
death of two or more persons 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.
JURIDICAL PERSONS
Art. 44: Who are juridical JURIDICAL PERSON: Being of legal existence susceptible of rights and
persons obligations.
1. State: organized corporate society under a government with the legal
Art. 45: What governs juridical competence to exact obedience of its commands. It can enter into
persons treaties and contracts.
- The state cannot be sued without its consent (implied or expressed)
Art. 46: Rights and obligations 2. Political subdivisions: municipal corporations that consist of provinces,
of juridical persons cities and municipalities. They can be sued because it is granted by their
charters but they are generally not liable for torts committed in the
discharge of their governmental functions.
3. Corporation: An artificial being created by operation of law and has the
powers and attributes granted to it by the law, which created it.
4. Partnership: 2 or more persons bind themselves to make contributions
to a common fund with the intention of dividing the profits among
themselves.
*Corporations, partnerships, and associations for private interest and purpose
may be granted a separate and distinct personality from the shareholders or
members (this is known as the veil of corporate fiction). However, this veil may be
pierced, thus making the shareholders and members liable, when the fiction is
used to defeat public convenience, justify wrong, protect fraud, defend crime,
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perpetrate deception, etc.


*State and political subdivisions, other corporations, institutions, and entities for
public interest or purpose are governed by the laws creating them.
*Private corporations are regulated by laws of general application on the subject
*Partnerships are governed by the provisions of this Code concerning
partnerships
*Juridical persons may acquire and possess property of all kinds and incur
obligations in conformity with the laws and regulations of their organization.
Art. 47: Dissolution of - Upon the dissolution of such entities mentioned above, their properties
corporations and other assets should be disposed of in pursuance of law or the
charter creating it.
- If there is nothing in the law, it shall be applied for a similar purpose for
the benefit of the region/province/city it is in.
CITIZENSHIP AND DOMICILE
Art. 48: Who are Citizens of the Philippines: Jus Sanguinis: Refers to
citizens of the 1. Those who are citizens at the time of the adoption of the Philippine citizenship by blood. This is the
Philippines Constitution. concept followed in the
2. Those born in the Philippines, before the adoption of the said constitution, Philippines.
Art. 49: Naturalization with foreign parents who have been elected to public office in the Philippines. Jus Soli: Refers to citizenship on
and reacquisition of 3. Those whose Fathers are Filipino the basis of the place of birth
loss citizenship 4. Those whose mothers are Filipino and elect Philippine Citizenship when they
reach the age of majority. Acquisition of Citizenship: for a
Art. 50: Domicile of 5. Those who are naturalized foreigner to be able to become a
natural persons DOMICILE: Fixed permanent resident, a place wherein, although one may be absent Philippine citizen, a proper
from, one still has the intention of returning and remaining for an unlimited time. petition shall be filed in the proper
There is only one domicile. court.
- A minor follows the domicile of his parents
Change in Domicile: Ground for Reacquisition of
1. An actual removal or an actual change or domicile Citizenship:
2. A bona fide intention of abandoning the former domicile and establishing a 1.By naturalization
new one. 2.Repatriation of deserters of the
3. Act, which correspond with the purpose (physical presence in the area, move Army, Navy or Air Corps.
family in area, register as a voter in the area, etc.) (Woman who has lost her
RESIDENCE: Indicates a place of abode whether permanent or temporary, not citizenship by reason of marriage
necessarily the domicile. There may be more than one residence. to an alien may be repatriated
Art. 51: Domicile of - When the law creates or recognizes a juridical person but doesn’t fix the domicile it after the termination of her marital
juridical person shall be understood to be the place where it has legal representation status)
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3.By direct act of congress


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THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3, 1988 signed by President Corazon Aquino (Executive Order 209)
REQUISITES OF MARRIAGE:
Article Summary of Annotation Additional
Info/Exceptions/Connected
with:
Art. 1: Marriage is a special contract of permanent Nature of Marriage: *Marriage as a special contract
union between a man and a woman entered into in -Marriage is one of the “basic civil rights of man.” The cannot be restricted by
accordance with the law for the establishment of freedom to marry has been recognized as a vital personal discriminatory policies of
conjugal and family life. right towards the pursuit of man’s happiness. private individuals or
It is the foundation of the family and an inviolable social -Still considered as a special civil contract regulated by corporations.
institution whose nature, consequences, and incidents law due to the high state interest in protecting and
are governed by law and not subject to stipulation, safeguarding the family. MAIL-ORDER BRIDE:
except that marriage settlements may fix the property -A contract to marry, unlike other contracts, cannot be considered as a criminal
relations during the marriage within the limits provided modified or changed. Once it is executed a relation is offense because marriage is
by the code. formed between the parties that cannot be altered. The vested with public interest.
law steps in to hold or bind the parties together. (Connected with the Anti-
-A subsequent marriage between the rapist and raped Trafficking Act)
victim extinguishes the criminal action or penalty of the Acts punished:
rapist. In case of marital rape 2 1. Carry on such a business
2. To advertise the promotion
Marriage Status: Marriage creates a social status, which of such acts.
the state is interested in protecting. It is a case where a 3. Solicit or attract or any
double status is created, involves and affects two Filipino woman to become a
persons. member in a club that matches
women for marriage to foreign
Marriage in International Law: men and women of full age nationals for a fee.
without any limitation due to race, nationality or religion 4. Use the postal service to
have the right to marry and found a family. promote the prohibited acts.
1. Universal Declaration of Human Rights
2. International Covenant on Economic, Social and VALIDITY OF MARRIAGE:
Cultural Rights governed by the law effective
3. International Covenant on Civil and Political Rights. at the time of the celebration
of the marriage.

2
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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Constitutional Protection: The State recognizes the


sanctity of family life and shall protect and strengthen it.
The state also recognizes marriage as an inviolable
social institution and the foundation of the family and
shall be protected by the state.
* The constitutional provisions on marriage however do
NOT mean that legislature cannot enact a law allowing
absolute divorce. Marriage is subject to the control of the
legislature but it must not contravene mandates of
Constitution.

Property Relations: Only property relations may be fixed


and arranged in a marriage settlement prior to the
marriage ceremony. However it must still follow the
mandatory provisions of the Family Code.
Art 2: No marriage shall be valid unless these LEGAL CAPACITY: Marrying age is 18 years old and Sex change: has not been
essential requisites are present: above, thus if one of the contracting parties is below 18 shown that sex reassignment
1. Legal capacity of the contracting parties who years of age, the marriage is void. surgery would allow one to
must be a male and female. - They cannot be related to each other as provided produce human beings.
2. Consent freely given in the presence of the by Art. 37 and Art. 38 (incestuous marriages and
solemnizing officer those against public policy). Thoughts to ponder: Marriage
- There should be no previous valid subsisting should no to be enjoyed only
marriage; otherwise the subsequent marriage will by heterosexual couples. The
be bigamous. right to marry, found a family,
DIFFERENT SEX: There should be a male and a female. identity, personality are all
Marriage is desirable due to the importance of rights of human beings.
procreation which is one of the reasons why same sex
marriages are prohibited (due to the impossibility of *Parties must be personally
reproduction) present, proxy marriages is
prohibited in the Philippines.
CONSENT:
1. Must be freely given
2. Made in the presence of the solemnizing officer
- Absence of consent makes the marriage void.
However if there is consent but such was
obtained through force, fraud, undue influence,
etc then it is only voidable.
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Art. 3: The formal requisites of marriage are: AUTHORITY OF THE SOLEMIZING OFFICER: *Presumption leans towards
1. Authority of the solemnizing officer - Those enumerated in Article 7, he must have the the legality of the marriage
2. A valid marriage license except in the authority. Thus a priest who has not renewed his thus the authority of the
cases provided for in Chapter 2 of this title license to marry does not have the authority and officer is presumed absence
3. A marriage ceremony which takes place with cannot be considered for marriage. the showing any proof to the
the appearance of the contracting parties - The Local Government Code (Jan. 1, 1992) contrary.
before the solemnizing officer and their provides that a mayor of a city or
personal declaration that they take each municipality may now solemnize marriages. Merely Irregularities
other as husband and wife in the presence in marriage license:
of not less than 2 witnesses of legal age. 1. Marriage license
Chapter 2 Title 1 of Family Code: exempt from license was made in a
Art. 4: The absence of any of the essential or 1. Article 27: Both parties are in articulo different place other
formal requisites shall render the marriage void ab mortis marriage will be valid even if the than their residence.
initio, except as stated in Article 35 (2) (when one of 2. Name stated therein is
ailing party survives.
the contracting parties believed in good faith that different or misspelled
2. Article 28: Residence is in a remote place 3. Misrepresentation of
the solemnizing officer had authority then the · In both cases the solemnizing officer must
marriage is valid) age (but has to be
state in an affidavit that the marriage was
emancipated—18
performed as such and that he took necessary
A defect in any of the essential requisites shall render years and above)
steps to ascertain the ages and that there
the marriage voidable as provided in Article 45. were no legal impediments to the marriage. 4. Non-disclosure of prior
marriage and divorce
An irregularity in the formal requisites shall not affect 3. Article 33: Marriages among Muslims or ethnic 5. Falsely stated that he
cultural communities, as long as performed in or she had not been
the validity of the marriage but the party or parties
accordance with their customs, rites, practices. previously married.
responsible for the irregularity shall be civilly,
criminally and administratively liable. 4. Article 34: Cohabitation by the couple for 5 years * 6. Falsely swore that
Muslims are governed by Code of Muslim personal laws of he or she is not
Art. 5: Any male or female of the age of eighteen the Philippines and not the Family code but the other
under guardianship.
years or upwards not under any of the impediments ethnic groups must comply with the other requisites as
they are governed by the Family code. * If the couple have a valid
mentioned in Articles 37 and 38 (incestuous
5. Article 34: Cohabitation between man marriage license but forgot
marriages and those against public policy.) may
and woman for at least 5 years with no to bring it then marriage will
contract marriage.
legal impediment at time of marriage. be valid (but if they don’t
Art. 6: No prescribed form or religious rite for the have one and procured one
solemnization of the marriage is required. It shall be VALID MARRIAGE LICENSE:
after the marriage ceremony
necessary, however, for the contracting parties to
- Lasts for 120 days from the date of issue and
the marriage will be void)
appear personally before the solemnizing officer and effective within any part of the Philippines only.
declare in the presence of not less than two witnesses * Common law marriages,
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of legal age that they take each other as husband and MARRIAGE CEREMONY: which are non-ceremonial, are
wife. This declaration shall be contained in the - Family code only recognizes ceremonial marriages but not recognized in the
marriage certificate which hall be signed by the there is no prescribed form of marriage ceremony. Philippines.
contracting parties and their witnesses and attested by - The minimum requirement is that the parties personally
the solemnizing officer. appear before the solemnizing officer and declare that
they take each other in the presence of at least 2 witness
In case of marriage in articulo mortis, when the party is of legal age.
at the point of death is unable to sign the marriage * Declaration does not have to be vocally expressed
certificate, it shall be sufficient for one of the witnesses may be inferred by the words used, the manner the
to the marriage to write the name of said party, which ceremony was made, etc. If a wedding took place there is
fact shall be attested by the solemnizing officer. 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.

Art. 7: Marriage may be solemnized by: - There is a need to limit the persons who can * Stopovers during a flight or
1. Any incumbent member of the judiciary within solemnize marriages since marriage is an voyage are still considered
the court’s jurisdiction important institution the state wants to safeguard part of the journey.
2. Any priest, rabbi, imam, or minister of any and protect.
church or religious sect duly authorized by his - Because the state is interested in marriage, it *If the host country allows
church or religious sect and registered within becomes a party thereto by manifested in the marriages to be solemnized by
the civil registrar general, acting within the consent required and granted to limited number consuls then even if between a
limits of the written authority granted him by his of officers. Filipino and non-Filipino, the
church or religious sect and provided that at JUDGES: they can only solemnize marriages within their marriage will still be valid in
least one of the contracting parties belongs to jurisdiction and they must be incumbent. accordance with Art. 26, which
the solemnizing officers church or religious Court of Tax Appeals, Sandiganbayan, Court of Appeals, recognizes international
sect Supreme Court: National jurisdiction comity.
3. Any ship captain or airplane chief in cases  Absence of jurisdiction would mean the absence
mentioned in Article 31 of the authority of the solemnizing officer and
4. Any military commander of a unit to which a thus the marriage will be null and void. GOOD FAITH OF PARTIES: if
chaplain is assigned, in the absence of the PRIEST/MINISTER OF A CHURCH OR RELIGIOUS the person who solemnized
latter, during a military operation, likewise only SECT: he should be authorized by the church to do so, the marriage did not legally
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in the cases mentioned in Article 32 or he must be registered with the civil registry, and at least have the authority to
5. Any consul-general, consul or vice consul in one of the contracting parties belongs to his or her solemnize a marriage, if both
the case provided in Article 10. church. or one of the contracting
SHIP CAPTIAN/PILOT: one of the parties must be at the parties believed that such a
point of death, the marriage must be between the person did have the authority
passengers or crewmembers, and the ship or plane must the marriage will be valid.
be at sea or in flight. Ex. A priest did not renew his
 An assistant pilot has no authority to solemnize license to marry therefore
marriages even if the main pilot dies. does not have the authority to
MILITARY COMMANDER: He or she should be a military marry. If one of the contracting
commander of a unit, he or she must be a commissioned parties knew of this but the
officer (his rank should start from second lieutenant), a other did not the marriage is
chaplain should have been assigned to the unit and such still valid.
chaplain is absent, the contracting parties must also be in
articulo mortis either members of the military operation or HOWEVER, they must be one
civilians, must be within military zone (there should be of the people who can be
widespread military activity not merely practice). authorized if they are not the
CONSUL-GENERAL, CONSUL, OR VICE CONSUL: marriage will be void
they can only solemnize marriages abroad when both the (ignorance of the law excuses
contracting parties are Filipino. no one)
* They also perform the duties of a local civil registrar Ex. A couple goes to a janitor
(like issuing the license etc.) to get married. Even if both
* No matter where they are the solemnities and parties are in good faith in
requirements mandated by Philippine Law shall be thinking that a janitor can
observed. solemnize a marriage they
MAYOR: Pursuant to the Local Government Code, the should know who by law are
mayor of a city or municipality can now solemnize authorized to.
marriages.
* When the mayor cannot perform his duties, the acting
mayor has the authority to solemnize marriages.
Art. 8: The marriage shall be solemnized publicly in the - Not mandatory but directory in nature.
chambers of the judge or in open court in the church, - Its non-compliance will not make the marriage
chapel or temple, or in the office of the consul-general, void but will only cause civil, criminal, or
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consul or vice-consul, as the case may be, and not administrative liability.
elsewhere, except in the cases of marriages contracted Exceptions to venue stated:
at the point of death or in remote places in accordance 1. When the marriage is in articulo mortis
with Article 29 of this Code, or where both of the parties 2. When the marriage is in a remote place
request the solemnizing officer in writing in which case (transportation etc. is difficult to come by)
the marriage may be solemnized at a house or place 3. When requested by both parties in writing.
designated by them in a sworn statement to that effect.
Art. 9: A marriage license shall be issued by the local - The marriage license should be procured from the civil
civil registrar of the city or municipality where either registrar of the city or municipality where either of them
contracting party habitually resides, except in resides. However if they obtain it from another place it is
marriages where no license is required in accordance merely an irregularity and does not affect the validity of
with Chapter 2 of this Title. the marriage.
Art. 10: Marriages between Filipino citizens abroad - The consular officials absorb the duties of the
may be solemnized by a consul-general, consul or vice local civil registrar and the solemnizing officer
consul of the Republic of the Philippines. when Filipinos wish to be married abroad.
The issuance of the marriage license and the duties of - The ceremony and requirements should be in
the local civil registrar and of the solemnizing officer accordance with Philippine law.
with regard to the celebration of marriage shall be
performed by said consular official.
Art. 11: Where a marriage license is required, each of - Stating all relevant facts needed in order to
the contracting parties shall file separately a sworn determine legal capacity to marry and the
application for such license with the proper local civil eligibility of the parties.
registrar which shall specify the following: - Main purpose is to discourage deception, and
1. Full name of the contracting parties relieve from doubt the status of parties who live
2. Place of birth together.
3. Age and date of birth - Provides evidence of the status and legitimacy of
4. Civil Status offspring.
5. If previously married, how, when and where the MARRIAGE APPLICATION: the civil registrar has to
previous marriage was dissolved or annulled process and issue a marriage license. Even if the civil
6. Present residence and citizenship registrar knows of a legal impediment he cannot
7. Degree of relationship of the contracting parties discontinue unless stopped by the court. (This is to
8. Full name, residence and citizenship of the prevent bribery and abuse by the civil registrar)
father
9. Full name, residence and citizenship of the
mother
10. Full name, residence and citizenship of the
guardian or person having charge, in case the
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contracting parties has neither father nor


mother and is under the age of twenty one
years.
The applicants, their parents or guardians shall not be
required to exhibit their residence certificate in any
formality in connection with the securing of the
marriage license.
Art. 12: The local civil registrar, upon receiving such application, shall require the presentation of the original birth - Emancipation is obtained at
certificates or, in default thereof, the baptismal certificates of the contracting parties or copies of such documents 18; marriage no longer
duly attested by the persons having custody of the originals. These certificates or certified copies of the documents emancipates a child because
by this Article need not be sworn to and shall be exempt from the documentary stamp tax. The signature and official they must be 18 years of age
title of the person issuing the certificate shall be sufficient proof of its authenticity. to marry.
- Contracting parties 18 years
If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either old and above but BELOW 21
because of the destruction or loss of the original or if it is shown by an affidavit of such party or of any other person years of age must obtain the
that such birth or baptismal certificate has not yet been received though the same has been required of the person consent of their father, mother,
having custody thereof at least fifteen days prior to the date of the application, such party may furnish in lieu thereof surviving parent, or guardian in
his current residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or the order mentioned. (Non-
any public official authorized to administer oaths. Such instrument shall contain the sworn declaration of two compliance makes the
witnesses of lawful age, setting forth the full name, residence and citizenship of such contracting party and of his or marriage annullable)
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
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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 - Absence of parental advice
or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the does not affect the marriage.
marriage license shall not be issued till after three months following the completion of the publication of the - Only delays the issuance of
application therefore. A sworn statement by the contracting parties to the effect that such advice has been sought, the marriage license for 3
together with the written advice given, if any, shall be attached to the application for marriage license. Should the months but after 3 months the
parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement. license must be issued.

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 of civil registrar.
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
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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
down the particulars thereof and his findings thereon in the license. This is because the impediments may not registry to refuse
the application for marriage license, but shall be valid at all. giving out the license
nonetheless issue said license after the completion of 2. When the requited
the period of publication, unless ordered otherwise by a - The purpose of which is to prevent graft and corruption certificate of legal
competent court at his own instance or that of any on the part of the civil registry. capacity of foreigners
interest party. No filing fee shall be charged for the is not given (Art. 21)
petition nor a corresponding bond required for the - If the marriage license was issued despite court
issuances of the order. intervention, the marriage will still be valid but the parties
responsible may be criminally or administratively liable.
Art. 19. The local civil registrar shall require the
payment of the fees prescribed by law or regulations
before the issuance of the marriage license. No other
sum shall be collected in the nature of a fee or tax of
any kind for the issuance of said license. It shall,
however, be issued free of charge to indigent parties,
that is those who have no visible means of income or
whose income is insufficient for their subsistence a fact
established by their affidavit, or by their oath before the
local civil registrar.
Art. 20: The license shall be valid in any part of the - The marriage license is only valid within the
Philippines for a period of one hundred twenty days from Philippines and not abroad.
the date of issue, and shall be deemed automatically - It is good for 120 days from the date of issue.
canceled at the expiration of the said period if the
contracting parties have not made use of it. The expiry
date shall be stamped in bold characters on the face of
every license issued
Art. 21: When either or both of the contracting parties - A certificate of legal capacity is meant to show * The civil registry cannot
are citizens of a foreign country, it shall be necessary for that a foreigner is capacitated to marry in his or issue a license without the
them before a marriage license can be obtained, to her country. The Philippines adheres to the certificate of legal capacity
submit a certificate of legal capacity to contract national law of the contracting parties with however if the civil registry
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Persons and Family Relations 2009 (Atty. Sta. Maria)

marriage, issued by their respective diplomatic or respect to their legal capacity to contract does issue the marriage will
consular officials. marriage. still be valid.
Ex. In the US 16 years old is the age when one can
Stateless persons or refugees from other countries contract marriage. A 16-year-old US citizen may
shall, in lieu of the certificate of legal capacity herein contract marriage in the Philippines provided that he
required, submit an affidavit stating the circumstances gives a certificate from his embassy stating that 16
showing such capacity to contract marriage. years old is the legal age to marry.
- If both are citizens of a foreign country and they are
married in their embassy there is no need to follow the
requirement of marriage in the Philippines, only those of
their country.
-If one is a foreigner and one is a Filipino even if they
marry in the consul of the foreigner the certificate of
legal capacity and a marriage license is still necessary.
Art. 22. The marriage certificate, in which the parties shall declare that they take each other as husband and wife, *Presumption is always in the
shall also state: validity of marriage.
1. The full name, sex and age of each contracting party
2. Their citizenship, religion and habitual residence Proofs of marriage:
3. The date and precise time of the celebration of the marriage 1. Marriage contract or
4. That the proper marriage license has been issued according to law, except in marriage provided for in Chapter certificate
2 of this Title 2. Photocopies of the
5. That either or both of the contracting parties have secured the parental consent in appropriate cases certificate or contract
6. That either or both of the contracting parties have complied with the legal requirement regarding parental from the local civil
advice in appropriate cases and registry
7. That the parties have entered into marriage settlement, if any, attaching a copy thereof. 3. Family bible
4. Baptismal, birth
Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the certificates of kids
original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the 5. Judicial decisions
certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the marriage 6. Testimonies of
was solemnized. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting parties, witness,
copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the solemnizing officers
marriage certificate, the copy of the marriage certificate, the original of the marriage license and, in proper cases, 7. Cohabitation and
the affidavit of the contracting party regarding the solemnization of the marriage in place other than those conduct
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Persons and Family Relations 2009 (Atty. Sta. Maria)

mentioned in Article 8. 8. Statement in a will


* A certificate of marriage
made years after the marriage
is inadmissible as evidence.
Art. 24: It shall be the duty of the local civil registrar to - The local civil registrar is the government official
prepare the documents required by this Title, and to charged with the preparation and the keeping of all the
administer oaths to all interested parties without any official documents.
charge in both cases. The documents and affidavits filed
in connection with applications for marriage licenses
shall be exempt from documentary stamp tax.

Art. 25. The local civil registrar concerned shall enter all
applications for marriage licenses filed with him in a
registry book strictly in the order in which the same are
received. He shall record in said book the names of the
applicants, the date on which the marriage license was
issued, and such other data as may be necessary
Art. 26. All marriages solemnized outside the - Art. 26 refers to formal requisites only, however EXCEPTIONS to international
Philippines, in accordance with the laws in force in the the marriage must still be solemnized. comity:
country where they were solemnized, and valid there as - Marriages that are solemnized abroad and are -Either or both contracting
such, shall also be valid in this country, except those recognized as valid there will also be parties are Filipinos and below
prohibited under Articles 35 (1), (4), (5) and (6), 3637 recognized as valid here (international comity) 18 years of age
and 38. (17a) Ex. If in Vietnam a doctor is authorized to solemnize a -Polygamous and bigamous
marriage and a Filipino couple gets married in Vietnam marriages recognized abroad
Where a marriage between a Filipino citizen and a by a doctor such marriage will be considered valid in the will not be valid here.
foreigner is validly celebrated and a divorce is thereafter Philippines. -Marriage abroad where there
validly obtained abroad by the alien spouse capacitating is mistake of identity of the
him or her to remarry, the Filipino spouse shall have PROOF OF FOREIGN MARRIAGE: necessary to prove other contracting party is not
capacity to remarry under Philippine law. the foreign law and then prove the celebration of recognized here.
marriage. If the law of the other state is not pleaded nor -Marriage by a Filipino to one
proved the laws of the Philippines will be presumed to who is psychologically
be similar to that of foreign laws. incapacitated is not valid here
-Marriages that are incestuous
REMEMBER THE LAWS: are not valid here even if
ART. 15: laws relating to family rights and duties, or to celebrated abroad and valid
the status, conditions and legal capacity of persons are there. (Art. 37)
binding upon citizens of the Philippines even living -Marriages against public
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abroad. policy are not valid here either


(Art. 38)
ART. 17: prohibitive laws concerning persons, their acts -Common law marriages are
or property and those which have for their object public not recognized here, the
order, public policy and good customs shall not be marriage must still be
rendered ineffective by laws or judgments promulgated, solemnized and not
or by determinations or conventions agreed upon in a contracted.
foreign country -Same sex marriages between
Filipinos are not valid even if
ABSOLUTE DIVORCE: done abroad.
Absolute divorce is not recognized in the Philippines;
even if the couple was married abroad the divorce will * If a Filipino contracts a
not be recognized here if one of them is a Filipino. The foreign marriage which is null
divorce may be recognized in the foreign country where and void under the laws of the
it was obtained but not in the Philippines. But the state where it has been
divorce of a foreign citizen abroad is recognized in the solemnized then such
Philippines as the Philippines recognizes legal capacity marriage will likewise be null
of a foreign person. and void in the Philippines.
*If a Filipino changes citizenship then he can get a
divorce and if he reacquires his Filipino citizenship *If a marriage celebrated
after that the divorce will still hold. abroad is invalid in that
- If a Filipina marries a foreigner and the foreigner country but considered valid in
obtains a divorce, the Filipina can marry. the Philippines, the marriage
- If the Filipina obtains a divorce although not will still be invalid. The law
recognized in the Philippines, it will be where the marriage has been
recognized against the foreigner and thus the solemnized shall apply.
foreigner will not have legal standing to sue for
adultery or claim for property after the divorce.

MARRIAGES EXEMPT FROM LICENSE REQUIREMENT


Art. 27: In case either or both of the contracting parties - Solemnizing officers and the mayor are
are at the point of death, the marriage may be empowered to solemnize marriages even
solemnized without necessity of a marriage license and without a marriage license if either or both of the
shall remain valid even if the ailing party subsequently contracting parties are at the point of death.
survives. - Even if the ailing party survives after the
marriage, the marriage will still be valid.
Art. 28. If the residence of either party is so located that - This envisions a situation wherein the residence of
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there is no means of transportation to enable such party either party is so located that there is no means of
to appear personally before the local civil registrar, the transportation to enable such party to appear personally
marriage may be solemnized without necessity of a before the local civil registrar, the marriage may be
marriage license. solemnize without a marriage license.
Art. 29: In the cases provided for in the two preceding - The solemnizing officer here are those
articles, the solemnizing officer shall state in an affidavit authorized to solemnize under Article 7 and the
executed before the local civil registrar or any other mayor provided that they solemnize the
person legally authorized to administer oaths that the marriage within their jurisdiction and within the
marriage was performed in articulo mortis or that the authority given to them.
residence of either party, specifying the barrio or
barangay, is so located that there is no means of
transportation to enable such party to appear personally
before the local civil registrar and that the officer took
the necessary steps to ascertain the ages and
relationship of the contracting parties and the absence
of legal impediment to the marriage.
Art. 30: The original of the affidavit required in the last
preceding article, together with the legible copy of the
marriage contract, shall be sent by the person
solemnizing the marriage to the local civil registrar of the
municipality where it was performed within the period of
thirty days after the performance of the marriage.
Art. 31: A marriage in articulo mortis between - A pilot or ship captain may solemnize only * If something happens to the
passengers or crew members may also be solemnized marriages at the point of death while the plane main or principal pilot the
by a ship captain or by an airplane pilot not only while is in flight or the ship is at sea even during second in command cannot
the ship is at sea or the plane is in flight, but also during stopovers (it is still considered part of the solemnize marriages. (They
stopovers at ports of call. flight/voyage). are not authorized to by law)
- They can only solemnize marriages between
their passengers and crew members
Art. 32: A military commander of a unit, who is a - The military commander must be a
commissioned officer, shall likewise have authority to commissioned officer (his/her rank should start
solemnize marriages in articulo mortis between persons from 2nd lieutenant, ensign and above)
within the zone of military operation, whether members - He should be a commander of a unit.
of the armed forces or civilians. - There should be a chaplain assigned to the unit
- The marriage should be at the point of death
and in the absence of the chaplain assigned
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- The marriage must be solemnized within the


zone of military operations.
- The contracting parties may either be member
of the armed forces or civilians.
Art. 33: Marriages among Muslims or among members - Marriages between parties that belong to ethnic
of the ethnic cultural communities may be performed groups, pagans or Muslims are exempt only
validly without the necessity of marriage license, from procuring a marriage license. The marriage
provided they are solemnized in accordance with their must still be solemnized in accordance with
customs, rites or practices. their customs, rites and practices.
- Muslims are governed by the Code of Muslim
Personal Laws of the Philippines thus they are
not governed by the Family Code unlike other
ethnic groups who do not have separate laws.
Art. 34: No license shall be necessary for the marriage - Persons cohabiting for at least 5 years living *The solemnizing officer shall
of a man and a woman who have lived together as together as husband and wife are exempt from also state under oath that he
husband and wife for at least five years and without any obtaining a marriage license. ascertained the qualifications
legal impediment to marry each other. The contracting - At the time of marriage, they should be without of the parties and that he
parties shall state the foregoing facts in an affidavit any legal impediment to marry each other. Thus found no legal impediment.
before any person authorized by law to administer during the 5 year period, it is not necessary that The fact that the officer to
oaths. The solemnizing officer shall also state under there is no legal impediment it is only necessary investigate shall not invalidate
oath that he ascertained the qualifications of the at the time of marriage that there is none. the marriage.
contracting parties are found no legal impediment to the - The parties shall state the fact of their
marriage. cohabitation and the absence of any legal
impediment to marry in an affidavit under oath.

Matters that don’t affect the validity of the marriage:

Article 18: if the civil registry gives the license despite the courts ordering an injunction to order the civil registry not to give the marriage license.

Article 21: if the civil registry gives the license despite absence of certificate of legal capacity of foreigners.

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.

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D. Sobrepeña
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 Can’t be a source of rights Can be source of rights
authorized to perform marriages unless such marriages Can’t be ratified Ratified by prescription or
were contracted with either or both parties believing in cohabitation
good faith that the solemnizing officer had the legal Can be attacked collaterally. Can only be attacked directly
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 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

25
Persons and Family Relations 2009 (Atty. Sta. Maria)

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 2nd 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
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.
Art. 36: A marriage contracted by any party who, at the Psychological incapacity to comply with the essential P.I. Insanity
time of the celebration, was psychologically marital obligation of marriage at the time of marriage, Cannot be Can be
incapacitated to comply with the essential marital even if it becomes manifest after the solemnization of cured cured
obligations of marriage, shall likewise be void even if the marriage. No consent Consent can
such incapacity becomes manifest only after its - Not defined and thus left on a court-to-court present since be given
solemnization. basis. A person may actually be efficient in

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doing other things such as his profession but he does not during lucid
with regards to his married life it can be know the interval
different. true meaning
- Not just stubborn refusal but attributed to of marriage
psychological causes (not necessarily insane)
- Lacking in the exercise of the judgment not lack PROOF to show P.I.:
of judgment 1. Observe of duties
- True inability to commit oneself to the essentials (living together, etc.)
of marriage – psychosexual disorders or other 2. Procreation
personality disorders 3. Obligation of parents to
- Inability to commit to the essentials of marriage children.
– procreation, education of offspring, community 4. Senseless and
of life and love protracted refusal to
have intercourse
Must be characterized by: 5. Unreasonable
1. Gravity- grave or serious attachment to ones
2. Juridical antecedence – rooted in history of the other family or barkada
party and may manifest after the marriage. 6. Transvestism
3. Incurability 7. Indulgence of private
fantasy
Jurisprudential Guidelines (CA v. Molina): 8. Alcohol/substance
1. Burden of proof to show the nullity of marriage abuse
belongs to the plaintiff. 9. Extreme immaturity
2. Root cause must be medically or clinically
identified, alleged in the complaint, sufficiently
proven by experts, clearly explained by the
decision, must be psychological not physical.
3. Proven to be existing at the time of
the celebration of the marriage
4. Must be incurable (may be absolute or
relative to the given spouse)
5. Must be grave
Essential marriage obligations are those embraced
in articles 68 to 71 3 and Articles 220,
3
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

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221, 225 with regards to parents and children.


7. Interpretations in National Appellate Matrimonial
tribunal of Catholic Church though not binding
are persuasive
Art. 37: Marriages between the following are Reasons to Condemn Incestuous Marriages: * The relationship being
incestuous and void from the beginning, whether 1. Abhorrent to nature legitimate or illegitimate is
relationship between the parties be legitimate or 2. Brings about confusion of rights and duties immaterial
illegitimate: 3. Deficient and degenerate offspring
(1) Between ascendants and descendants of any 4. Control sex rivalries within families
degree; and 5. To guide one towards the creation of new
(2) Between brothers and sisters, whether of the full or nuclear family
half blood. 6. Brings about confusion with status
Art. 38: The following marriages shall be void from the - Simulates blood relations although legal fiction (bond created by law, against
beginning for reasons of public policy public policy)
(1) Between collateral blood relatives whether COLLATERAL BLOOD RELATIVES: may cause the same reasons as Art. 37 but to a
legitimate or illegitimate, up to the fourth civil lesser degree.
degree; COLLATERAL HALF-BLOOD RELATIVES BY CONSANGUINITY: the law does not
(2) Between step-parents and step-children; provide that marriages between collateral blood relatives by the half-blood are prohibited.
(3) Between parents-in-law and children-in-law; Case Law: In Re: Simms Estate
(4) Between the adopting parent and the adopted - Because of specification in brothers and sisters and no specification with uncles
child; and nieces, marriage between uncles and nieces are not prohibited
(5) Between the surviving spouse of the adopting - Unlike ruling in Audley where it deemed it was unnecessary
parent and the adopted child; - Marriage between uncles and nieces who are half-blood is valid due to the
(6) Between the surviving spouse of the adopted child presumption in favor of marriage.
and the adopter; RELATIONSHIP BY AFFINITY (made through marriage): The only marriages by affinity
(7) Between an adopted child and a legitimate child of prohibited in the Family Code are marriages between stepparents and stepchildren and
the adopter; parents-in-law and children-in-law. (May destroy the peacefulness in family relations)
(8) Between adopted children of the same adopter;  Stepbrother and stepsister can marry each other since not included in the
(9) Between parties where one, with the intention to prohibition.
marry the other, killed that other person's spouse, or *In the event that the marriage is annulled or nullified or in the event that the marriage is
his or her own spouse. 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:
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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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
marriage was terminated after the finality marriage was terminated after the finality
of a nullity or annulment decree then they of a nullity or annulment decree then they
can get married) can get married)
Legitimate children of adopter
Other adopted children of the adopter

Who can they marry:


Adopter Adopted
Children of adopted Parents of adopter
Natural parent Illegitimate child of the adopter
Other relatives Other relatives
Spouse of adopted if alive and not married Spouse of adopter if alive and not married
to adopted to adopter

INTENTIONAL KILLING OF SPOUSE: The guilty party must be animated by an intention to


marry the other person, if not then not considered against public policy.
Ex. A wanted to marry B. B was married to C. A kills C because C stole from A. Then A
later on marries B. Such a marriage is valid.
*No criminal conviction is necessary mere preponderance of evidence is required to prove
the killing.

Art. 39: The action or defense for the declaration of - Time to file an action for declaration of nullity of
absolute nullity of a marriage shall not prescribe a marriage or to invoke such nullity as a
defense does not prescribe.
- Either party in a void marriage can file a nullity
case even though such party is the wrongdoer.
Only husband and wife can file a court case
declaring the marriage void. But it can still be
collaterally attacked by any interested party in
any proceeding where the determination of the
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validity of marriage is necessary to give rise to


certain rights.
Art. 40: The absolute nullity of a previous marriage - A judicial declaration of marriage is the only * The subsequent marriage is
may be invoked for purposes of remarriage on the acceptable proof so that a party can contract a not considered bigamous since
basis solely of a final judgment declaring such previous subsequent valid marriage. Without it the the first marriage is not valid. In
marriage void. subsequent marriage will be considered void. a bigamous marriage the first
- In connection with it, Articles 52 and 53 which subsisting marriage is valid.
In relation to: has to do with the liquidation, partition and Bigamy envisions 2 valid
Art. 52: The judgment of annulment or of absolute distribution of the properties without which the marriages. If the first or the
nullity of the marriage, the partition and distribution of marriage will likewise be void. second marriage is void then
the properties of the spouses and the delivery of the BIGAMY: Committed by any person who shall contract a there can be no bigamy.
children's presumptive legitimes shall be recorded in second or subsequent marriage before the former
the appropriate civil registry and registries of property; marriage has been legally dissolved or before the
otherwise, the same shall not affect third persons. absent spouse has been declared presumptively dead
Art. 53: Either of the former spouses may marry again by judgment.
after compliance with the requirements of the - Marriage becomes void not because of bigamy but
immediately preceding Article; otherwise, the because of certain impositions in law that must be done
subsequent marriage shall be null and void. before contacting a second marriage.

*Without article 40 one cannot perform Article 52.


Art. 41: A marriage contracted by any person during - A declaration of presumptive death is needed Exception: Prior spouse has
subsistence of a previous marriage shall be null and for the absentee in order to contact a new been absent for 4 consecutive
void, unless before the celebration of the subsequent marriage. years and there is a well
marriage, the prior spouse had been absent for four Article 42: The subsequent marriage made will become founded belief (must exercise
consecutive years and the spouse present has a well- void with the recording of the affidavit of reappearance due diligence to ascertain
founded belief that the absent spouse was already of the subsequent spouse. Such notice will be filed in whereabouts or if she is dead
dead. In case of disappearance where there is danger the civil registry of the residence of the parties in or alive) that absent spouse is
of death under the circumstances set forth in the subsequent marriage, and give them due notice- ONLY dead (2 years will suffice if
provisions of Article 391 of the Civil Code, an absence CASE WHERE MARRIAGE IS TERMINATED there was danger of death)
of only two years shall be sufficient. EXTRAJUDICIALLY. Any interested party can file for the
For the purpose of contracting the subsequent affidavit of reappearance.
marriage under the preceding paragraph the spouse Exception to 42: if the affidavit is fraudulent then it is
present must institute a summary proceeding as ineffectual.
provided in this Code for the declaration of presumptive
death of the absentee, without prejudice to the effect of
reappearance of the absent spouse.
Art. 43: The termination of the subsequent marriage - Applies to Article 40, Article 41 and voidable *Donation made between
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referred to in the preceding Article shall produce the marriages. persons who are guilty of
following effects STATUS OF CHILDREN: Children conceived during the adultery or concubinage at the
(1) The children of the subsequent marriage subsequent marriage contemplated in Art. 41 are time of the donation is void.
conceived prior to its termination shall be considered legitimate even if one of the contracting parties is in bad
legitimate; faith.
(2) The absolute community of property or the EFFECT OF TERMINATION ON THE PROPERTY
conjugal partnership, as the case may be, shall be REGIME: The property regime shall be dissolved and
dissolved and liquidated, but if either spouse liquidated. After the payment of all debts, the spouses
contracted said marriage in bad faith, his or her share shall divide the net profits of the property equally or in
of the net profits of the community property or conjugal accordance with the stipulated sharing. If a spouse
partnership property shall be forfeited in favor of the acted in bad faith, the guilty spouse shall not get his
common children or, if there are none, the children of share in the net profits (his/her share will be forfeited in
the guilty spouse by a previous marriage or in default of favor of the common children, if none the children of the
children, the innocent spouse; guilty spouse by a previous marriage, if none to the
(3) Donations by reason of marriage shall remain innocent spouse.
valid, except that if the donee contracted the marriage DONATIONS BY REASON OF MARRIAGE: If both
in bad faith, such donations made to said donee are parties are in good faith, the donation shall be valid. If
revoked by operation of law; the donee acted in bad faith in contracting the marriage,
(4) The innocent spouse may revoke the the donation by reason of marriage is terminated by
designation of the other spouse who acted in bad faith operation of law. If both are in bad faith neither can
as beneficiary in any insurance policy, even if such recover what they have given.
designation be stipulated as irrevocable; and DESIGNATION AS BENEFICIARY IN INSURANCE
(5) The spouse who contracted the subsequent POLICY: The innocent spouse has the choice of
marriage in bad faith shall be disqualified to inherit from revoking the beneficiary in an insurance policy even if
the innocent spouse by testate and intestate the policy is irrevocable. (Should inform the insurance
succession. company)
DISQUALIFICATION AS TO INHERITANCE: The
spouse who acted in bad faith shall be disqualified to
inherit from the innocent spouse. If both spouses are in
bad faith according to Article 44 the marriage is void and
the parties cannot inherit.
Art. 44: If both spouses of the subsequent marriage - The marriage shall be considered void only if
acted in bad faith, said marriage shall be void ab initio both spouses in the subsequent marriage are in
and all donations by reason of marriage and bad faith.
testamentary dispositions made by one in favor of the - The good faith of the spouse must be present
other are revoked by operation of law. up to the time of the celebration of the
subsequent marriage.
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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 reaching
of the parents, guardian or person having 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
wife
2. That either party was of unsound mind, - Must be clear that illness is serious that * If the spouse knew that the spouse was
unless such party after coming to reason, freely cannot understand marriage contract at the time insane prior to the celebration of the marriage
cohabited with the other as husband and wife of the marriage. she cannot annul the marriage.

Ratification: Through cohabitation by the person Party to file suit: Sane spouse without
with the unsound mind after he has come to knowledge before the death of either party,
reason relative or guardian of insane at any time before
*Once ratified the marriage will be valid and no the death of either party, and insane spouse
longer annullable even if the insanity comes before the death of either party.
back.

3. That the consent of either party was obtained *No other misrepresentations will be acceptable Exception to 46(2): If the woman was unchaste
by fraud, unless such party afterwards, with full to constitute fraud to annul a marriage. and the man knew of her unchaste character.
knowledge of the facts constituting the fraud, PREVIOUS CONVICTION: No need for Exception to 46(2): If woman did not inform the
freely cohabited with the other as husband and investigation on the part of the party but there man but pregnancy was apparent.
wife must be a final judgment.
CONCEALMENT OF PREGNANCY: Party to file suit: Injured party within 5 years
Article 46: Fraud: existing at time of marriage Concealment must be done in bad faith. Thus, if after the discovery of fraud
1. Non-disclosure of previous conviction the woman truly believed she was not pregnant
by final judgment of a crime involving when she was the marriage cannot be annulled.
moral turpitude. - Misrepresentation that she was

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2. Concealment of the wife of the fact that pregnant to induce the man to marry
she was pregnant at the time of her when she was in fact not pregnant
marriage by another man. is not considered for annulment.
3. Concealment of STD regardless of its CONCEALMENT OF STD: Nature or gravity is
nature existing at the time of the irrelevant; the fact that it was concealed was
marriage. enough.
4. Concealment of drug addiction, habitual CONCEALMENT OF ADDICTIONS: No exact
alcoholism, or homosexuality or meaning but has been defined as persistent
lesbianism existing at the time of the habit of becoming intoxicated, irresistible habit.
marriage. *Does not need to get drunk all the time, the
habit of becoming periodically drunk and being
unable to resist when the opportunity arises.
CONCEALMENT OF GENDER PREFERENCE:
considers the effect on the injured spouse in
performing his/her marital duties. Mental fitness,
health, etc. Does not nurture a natural and
wholesome family,
Ratification: Cohabitation after the innocent
spouse has full knowledge of the facts
constituting the fraud

4. That the consent of either party was obtained - Violence here may be physical or moral. Party to file the suit: Injured party within 5 years
by force, intimidation or undue influence, unless - Intimidation is when there is a reasonable and from the time the force, intimidation or undue
the same having disappeared or ceased, such well-rounded fear of an imminent and grave evil influence disappeared or ceased.
party thereafter freely cohabited with the other upon his person or property.
as husband and wife;
Ratification: Cohabitation after the cause of the
vitiated consent ceases.
5. That either party was physically incapable of - Permanent inability on the part of one of the Exception: Sterility is not considered impotency
consummating the marriage with the other, and spouses to perform the complete act of sexual because he can still engage in sexual coition.
such incapacity continues and appears to be intercourse (must be incurable). Organs for conception not necessary because
incurable - Can originate from a psychological problem, there is still passion.
which affects the physical.
- Must exist at the time of the marriage. Party to file the suit: Within 5 years after the
- May be caused both by husband and wife. marriage ceremony

NO RATIFICATION by cohabitation
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Rule of triennial cohabitation: presumption of


impotence arises when wife remains a virgin
after 3 years from the time of marriage.

6. That either party was afflicted with a sexually- No ratification by cohabitation


transmissible disease found to be serious and
appears to be incurable
Art. 48: In all cases of annulment or declaration - The state will ensure the prevention of
of absolute nullity of marriage, the Court shall collusion between the parties (who may
order the prosecuting attorney or fiscal make up a ground to annul the
assigned to it to appear on behalf of the State marriage) and to ensure that the
to take steps to prevent collusion between the evidence is not fabricated
parties and to take care that evidence is not - No judgment shall be based on a
fabricated or suppressed confession and a stipulation of facts
In the cases referred to in the preceding only.
paragraph, no judgment shall be based upon a
stipulation of facts or confession of judgment
Art. 49: During the pendency of the action and - While trial is on going the support of the * In nullity cases, if the marriage is deemed to
in the absence of adequate provisions in a spouses and custody of the children be void then the one who got support should
written agreement between the spouses, the shall be governed by whatever return it with legal interest to the person who
Court shall provide for the support of the agreement the parties have made. If furnished support since such person was not
spouses and the custody and support of their none then they shall be supported from entitled to the support there being no marriage.
common children. The Court shall give the absolute community of property or
paramount consideration to the moral and conjugal partnership of gains.
material welfare of said children and their - The court may however make the
choice of the parent with whom they wish to necessary adjustments in case the
remain as provided to in Title IX. It shall also agreement is inadequate.
provide for appropriate visitation rights of the
other parent.
Art. 50: The effects provided for by paragraphs Article 43: effects of termination of subsequent *The judgment and decree of nullity or
(2), (3), (4) and (5) of Article 43 and by Article marriage (liquidation, disposition, donation, annulment will become final upon the expiration
44 shall also apply in the proper cases to insurance, inheritance) of 15 days from the receipt of the parties of the
marriages which are declared ab initio or Article 44: Both spouses of the subsequent decision. (Thus any marriage prior to the 15
annulled by final judgment under Articles 40 marriage are in bad faith the marriage shall be days may be considered bigamous since the
and 45. void marriage is still subsisting at that time.)
The final judgment in such cases shall provide Article 40: Final judgment declaring a marriage
for the liquidation, partition and distribution of was void for a subsequent marriage.
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the properties of the spouses, the custody and


support of the common children, and the - In all other cases of a void marriage the
delivery of third presumptive legitimes, unless property regime will be governed by Art. 147
such matters had been adjudicated in previous (wages and salaries owned by them in equal
judicial proceedings. shares property governed by co-ownership) Art.
148 (properties acquired through joint
All creditors of the spouses as well as of the contributions only and divided in proportion to
absolute community or the conjugal partnership their contributions)
shall be notified of the proceedings for
liquidation.

In the partition, the conjugal dwelling and the lot


on which it is situated, shall be adjudicated in
accordance with the provisions of Articles 102
and 129.
Art. 51: In said partition, the value of the Presumptive Legitime: Part of the property of * The children or the guardian may seek the
presumptive legitimes of all common children, the testator, which cannot be disposed of enforcement for the delivery of the presumptive
computed as of the date of the final judgment of because the law has reserved it for certain legitime.
the trial court, shall be delivered in cash, compulsory heirs. The decree of annulment or
property or sound securities, unless the parties, nullity of marriage provides for the delivery of
by mutual agreement judicially approved, had the presumptive legitimes this is in order to
already provided for such matters. protect the legitime of the children from
subsequent marriage.
The children or their guardian or the trustee of Ex. If A husband of B dies, their child C will
their property may ask for the enforcement of inherit a legitime from A’s properties. In this
the judgment. case there is no death thus the legitime is
presumed (what A’s properties would be if he
The delivery of the presumptive legitimes died at this time) and that is what is given to C.
herein prescribed shall in no way prejudice the  In the event that the either or both
ultimate successional rights of the children parents die later on the presumptive
accruing upon the death of either of both of the legitime given is considered an
parents; but the value of the properties already advance on their legitime and are just
received under the decree of annulment or given the remaining balance due them.
absolute nullity shall be considered as  In void marriages other than that
advances on their legitime. provided for in Art. 40, the presumptive
legitime is not delivered.
Art. 54: Children conceived or born before the - Generally, children conceived and born * If the child is conceived prior to the marriage
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judgment of annulment or absolute nullity of the outside a valid marriage or inside a void and the marriage is terminated under Art. 36 or
marriage under Article 36 has become final and marriage are illegitimate except those coming 53 child will be illegitimate (the subsequent void
executory shall be considered legitimate. from a marriage void due to psychological marriage even under these articles will not
Children conceived or born of the subsequent incapacity and those due to lack of judicial legitimate them)
marriage under Article 53 shall likewise be decree of nullity or liquidation or dissolution of
legitimate. property.

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 respondent’s 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 on
abusive conduct directed against the petitioner, not repeated or is not physical violence it may his/her own child from a previous marriage but
a common child, or a child of the petitioner be considered as grossly abusive conduct. may cause to suspend or terminate parental
authority.
Grossly abusive conduct need not be repeated Art. 231 (1): Parental authority can be
but more of a serious act: rely on proportionality suspended when the parent treats the child with
and abusive conduct to what was committed. excessive harshness or cruelty
- Continued indifference or aversion to
spouse and persistent neglect of duties
incident to marital relation, etc.
- Use of offensive and abusive language
with intent and fixed purpose of causing
unhappiness.
- Other acts of corruption, which do not
fall under prostitution.
2. Physical violence or moral pressure to - There should be unity in the family and thus *Enforce human rights through acceptance of
compel the petitioner to change religious or the couple should learn to live with each other’s the other’s right
political affiliation political ideas.
3. Attempt of respondent to corrupt or induce - The children here may or may not be * Other forms of corruption can fall under grave
the petitioner, a common child, or a child of the emancipated. abuse of conduct
petitioner, to engage in prostitution, or - The corrupt act here refers to prostitution only,
connivance in such corruption or inducement a mere attempt is enough the respondent need

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not be successful at the corruption or


inducement.
- There is no cause of action when the child
involved is that of the respondent from another
marriage.
4. Final judgment sentencing the respondent to - The crime need not be against the other
imprisonment of more than six years, even if spouse. It can be against anyone.
pardoned - The fact that the crime had been pardoned
doesn’t matter as long as there is a final
judgment.
5. Drug addiction or habitual alcoholism of the - The extent and nature of such is the same, as
respondent those in annulment cases but such grounds
may exist even after the marriage ceremony
unlike annulment.
6. Lesbianism or homosexuality of respondent - Considered as a form of cruelty or mental
anguish
- Must engage in homosexual acts
7. Respondent contracts a subsequent - Illegally contracting a marriage despite full *Whether the marriage was done in the
bigamous marriage knowledge that the first marriage still validly Philippines or abroad is immaterial.
exists or without obtaining a judicial declaration
of presumptive death.

8. Sexual infidelity or perversion - Other acts of sexual infidelity short of Exception: If the wife condones sexual
concubinage and adultery are enough as long perversion with her husband then it cannot be a
as they constitute a clear betrayal of trust. ground for legal separation.
- Sexual perversion can be done to ones own
wife.
9. Attempt by the respondent against the life of - Must come from an evil design or unlawful Exception: when it is for self-defense (or some
the petitioner cause other justifiable reason)
- No nee for any criminal conviction, Exception: Spouse caught the other in
preponderance of evidence is enough. (If there flagrante delicto
is a criminal conviction, the other spouse can be
disinherited even if there is no legal separation
case filed)
10. Abandonment of petitioner by respondent Willfully left the dwelling without intention of *If there is an unjustifiable for leaving then it is
without justifiable cause for more than one returning. not considered abandonment.
year. *There must be a wrongful intent to desert,
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For purposes of this Article, the term "child" continued for the statutory period.
shall include a child by nature or by adoption
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 Exception: if after the
act complained of - Not looking for an erring wife after she commits an condonation the guilty spouse
offense does not mean forgiveness. repeats the offense then can
still file for legal separation.
2. Where the aggrieved party has consented to the Either spouse agreed or did not object to the
commission of the offense or act complained of offense BEFORE it was committed.
3. Where there is connivance between the parties in the - Where the spouses agree that one spouse will
commission of the offense or act constituting the ground for commit the offense to give grounds for legal
legal separation separation.
- Where one of the parties employed a 3rd party to
induce the other spouse to commit the offense to
give grounds.
- Corrupt consenting
4. Where both parties have given ground for legal separation - When two persons acted in bad faith, they should
be considered as having acted in good faith.
5. Where there is collusion between the parties to obtain - In collusion the couple makes it appear that there
decree of legal separation is a ground for legal separation but actually there is
none.
- Corrupt agreement
- The act need not actually happen
6. Where the action is barred by prescription - An action for legal separation must be filed within 5 Art. 57: An action for legal
years from the occurrence of the cause. separation shall be filed within
- From the time the act occurred not the discovery of five years from the time of the
the cause of action. occurrence of the cause
Art. 58: An action for legal separation shall in no case be - The defendant is required to answer the petition 15 *Failure to observe the 6-
tried before six months shall have elapsed since the filing of days from the date of the receipt of the complaint. month cooling off period is a
the petition However whether or not the defendant files an ground to set aside a decision
answer or not there should be no hearing on the granting legal separation.
merits by the court until after a 6-month cooling-off
period is terminated. *Other incidents may be heard
during the 6-month period
such as support and custody.
Art. 59: No legal separation may be decreed unless the - The court must try to salvage the marriage by * However even if there is no
Court has taken steps toward the reconciliation of the taking steps towards reconciliation. trial the couple may choose
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spouses and is fully satisfied, despite such efforts, that not to live together. They
reconciliation is highly improbable. cannot be forced to live
together.
Art. 60: No decree of legal separation shall be based upon a - If the defending party fails to answer he or * If the case is vehemently
stipulation of facts or a confession of judgment. she cannot be defaulted and the court shall opposed and contested and it
In any case, the Court shall order the prosecuting attorney order the prosecuting attorney to investigate is clear that the litigation is a
or fiscal assigned to it to take steps to prevent collusion whether there is collusion or not between no-holds barred contest and
between the parties and to take care that the evidence is not the parties. not collusion the non-
fabricated or suppressed. - Even if the party answers the fiscal is still intervention of the prosecuting
mandated to make sure there is no attorney is not fatal to the
collusion and that the evidence is genuine. validity of the proceedings.
Art. 61: After the filing of the petition for legal separation, - In the absence of a written agreement * Death of the plaintiff before
the spouses shall be entitled to live separately from each between the spouses, the court shall the final decree in an action for
other designate who shall administer the legal separation terminates the
The court, in the absence of a written agreement between properties (it can be a third person). case.
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 Art. 49: During the pendency of the action and in the
separation, the provisions of Article 49 shall likewise apply to absence of a written agreement, the court will
the support of the spouses and the custody and support of provide for the support and custody.
the common children.
Art. 63: The decree of legal separation shall have the - Though the spouses are entitled to live separately * No children below 7 years
following effects: the marriage bond shall not be severed. They are old shall be separated from
1. The spouses shall be entitled to live separately from each still married to each other. the mother unless the court
other, but the marriage bonds shall not be severed; - The property shall be liquidated, the offending finds compelling reasons to
2. The absolute community or the conjugal partnership shall spouse shall have no share or right to the profits order otherwise (Tender Years
be dissolved and liquidated but the offending spouse shall earned and shall be forfeited in favor of the common Doctrine)
have no right to any share of the net profits earned by the children if none the children of the guilty spouse if
absolute community or the conjugal partnership, which shall none then to the innocent spouse.
be forfeited in accordance with the provisions of Article - The innocent spouse shall generally have custody
43(2); of the children however the major consideration is
3. The custody of the minor children shall be awarded to the always the paramount interest of the children.
innocent spouse, subject to the provisions of Article 213 of - The offending spouse shall be disqualified from
this Code; and inheriting form the innocent spouse by intestate
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4. The offending spouse shall be disqualified from inheriting succession furthermore provisions in favor of the
from the innocent spouse by intestate succession. offending spouse made in the will of the innocent
Moreover, provisions in favor of the offending spouse made spouse shall be revoked by operation of law.
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 law gives the option to innocent party
the innocent spouse may revoke the donations made by him whether to revoke or not the donation of the
or by her in favor of the offending spouse, as well as the guilty party in an insurance.
designation of the latter as beneficiary in any insurance - The revocation must be made within 5
policy, even if such designation be stipulated as irrevocable. years from the time the decree of legal
The revocation of the donations shall be recorded in the separation has become final.
registries of property in the places where the properties are * The revocation of or change in the designation of
located. Alienations, liens and encumbrances registered in insurance beneficiary shall take effect after written
good faith before the recording of the complaint for notification to the insurer not the insured since it
revocation in the registries of property shall be respected. makes more sense however the law states
The revocation of or change in the designation of the notification should be given to the insured thus that
insurance beneficiary shall take effect upon written should be followed.
notification thereof to the insured
The action to revoke the donation under this Article must be
brought within five years from the time the decree of legal
separation become final.
Art. 65: If the spouses should reconcile, a corresponding -If the case is still pending then it shall be * The creditors should be
joint manifestation under oath duly signed by them shall be terminated, if the decree has been issued informed of the changes with
filed with the court in the same proceeding for legal then it shall be set aside. regard to the property etc.
separation. - Separation of properties will still subsist, but
the parties can enter into an agreement to
revive the prior property regime.
Art. 66: The reconciliation referred to in the preceding - Generally the law provides that one can
Articles shall have the following consequences: only fix the property regime before the
1. The legal separation proceedings, if still pending, shall marriage celebration but the rules now set
thereby be terminated at whatever stage; and forth that the adoption of another property
2. The final decree of legal separation shall be set aside, but regime can be made aside from that which
the separation of property and any forfeiture of the share of they had previously existing during their
the guilty spouse already effected shall subsist, unless the marriage.
spouses agree to revive their former property regime. EFFECT OF REVIVAL:
The court's order containing the foregoing shall be recorded 1. If creditors are notified they should file
in the proper civil registries. opposition on properties if they have debts
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Art. 67: The agreement to revive the former property regime that should be paid by either spouse.
referred to in the preceding Article shall be executed under 2. If creditors are notified but they don’t file
oath and shall specify: they cannot get from the properties that will
1. The properties to be contributed anew to the restored be placed in co-ownership in the revival.
regime 3. If creditors are not notified then they can
2. Those to be retained as separated properties of each collect from properties co-owned.
spouse; and 4. If creditors are not notified but there are
3. The names of all their known creditors, their addresses separate properties they can’t get from co-
and the amounts owing to each. owned properties.
The agreement of revival and the motion for its approval
shall be filed with the court in the same proceeding for legal
separation, with copies of both furnished to the creditors
named therein. After due hearing, the court shall, in its
order, take measure to protect the interest of creditors and
such order shall be recorded in the proper registries of
properties.
The recording of the ordering in the registries of property
shall not prejudice any creditor not listed or not notified,
unless the debtor-spouse has sufficient separate properties
to satisfy the creditor's claim.

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE


Art. 68: The husband and wife are obliged to Reason: So couples wont abandon each other * Remedy if other spouse is not living with you:
live together, observe mutual love, respect and based on their whims and caprices seek relief from court so that you do not have to
fidelity, and render mutual help and support. - Procreation is also an essential marital give him support.
obligation.
- A court cannot compel the spouses to  A husband can be liable for raping his
live together, observe mutual love, wife however the subsequent
respect and fidelity. forgiveness by the wife to the offended
RAPE: party shall extinguish the criminal
1. Committed by a man against a woman who action.
shall have carnal knowledge of her through BEFORE: Matrimonial exemption from rape
force, intimidation or threat; when she is 1. Man and woman become 1 so man
deprived of reason or consciousness, cannot rape himself
machinations or grave abuse of authority. 2. Marriage contract means wife consents
2. Even if none of the circumstances are to all and any sexual intercourse with
present if woman is below 12 or demented. husband.
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3. Any person who inserts any foreign object REBUT:


into genital or anal orifice (rape can be 1. Woman has certain rights and liberties,
committed against a man) which separate her from the man.
4. Any person who inserts penis into oral or 2. Absolute consent is not sound since
anal orifice. marriage itself is revocable.
Art. 69: The husband and wife shall fix the - The domicile of natural persons is the
family domicile. In case of disagreement, the place of their habitual residence, where
court shall decide. parties intend to have their permanent
The court may exempt one spouse from living residence.
with the other if the latter should live abroad or - In case of disagreement between the
there are other valid and compelling reasons for husband and the wife the court shall
the exemption. However, such exemption shall decide.
not apply if the same is not compatible with the - The spouse not living in the domicile
solidarity of the family. must prove the intent of husband is for
solidarity of family.
Art. 70: The spouses are jointly responsible for EXPENSES FOR SUPPORT AND OTHER
the support of the family. The expenses for CONJUGAL OBLIGATIONS:
such support and other conjugal obligations 1. From the community property
shall be paid from the community property and, 2. In absence thereof income of fruits of
in the absence thereof, from the income or the separate properties
fruits of their separate properties. In case of 3. If insufficient or absent from the
insufficiency or absence of said income or separate properties themselves.
fruits, such obligations shall be satisfied from
the separate properties.
Art. 71: The management of the household - Shall be the right and duty of both
shall be the right and the duty of both spouses. spouses regardless of what the
The expenses for such management shall be property regime is.
paid in accordance with the provisions of Article - In the event that one of the spouses
70. neglects his or her duties or commits
acts that endanger or dishonor the
Art. 72: When one of the spouses neglects his family he aggrieved party may apply to
or her duties to the conjugal union or commits the court for relief.
acts which tend to bring danger, dishonor or FORMS OF RELIEF:
injury to the other or to the family, the aggrieved 1. Legal separation
party may apply to the court for relief. 2. Psychological incapacity
3. Petition for receivership judicial,
separation of property to become sole
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administrator of property.

Art. 73: Either spouse may exercise any -Based on presumption, despite Exceptions: For the separate properties to be
legitimate profession, occupation, business or objection (before or after) it will still go liable the other spouse must have no
activity without the consent of the other. The to family. knowledge of the immoral activity and therefore
latter may object only on valid, serious, and - VAWC: If husband prevents you from could not give an objection even if benefit
moral grounds. doing a right then punishable by law. accrues to the family.
In case of disagreement, the court shall decide - The objection must be all valid, serious,
whether or not: and on moral grounds at the same Exception liability against separate property: If
1. The objection is proper; and time. the creditor did not know of the immoral activity
2. Benefit has occurred to the family prior to the - If it is an isolated activity—contract— or thought it was to be used for a legitimate
objection or thereafter. If the benefit accrued without consent of other spouse, the business, creditor can collect from conjugal
prior to the objection, the resulting obligation conjugal spouse can’t be liable properties.
shall be enforced against the separate property GENERAL RULE:
of the spouse who has not obtained consent. 1. Obligations incurred before or after the
The foregoing provisions shall not prejudice the marriage but redounding to the benefit
rights of creditors who acted in good faith. of the family shall be charged to the
conjugal properties
2. Spouse’s job redounds to the benefit of
the family thus obligations can be
satisfied from the conjugal property.
3. If the benefit accrued prior to the
objection, the resulting obligation shall
be enforced against the separate
property of the spouse who has not
obtained consent.

PROPERTY RELATIONS
Art. 74: The property relationship between Marriage Settlements: must be in writing signed EFFECT OF NO MARRIAGE SETTLEMENT:
husband and wife shall be governed in the by the parties, and made prior to the celebration 1. If the mortgage was registered then the
following order: of the marriage if it is not in writing it shall be new spouse’s property will also be
1. By marriage settlements executed before the unenforceable. liable.
marriage; - If there is no marriage settlement 2. If the mortgage was not registered the
2. By the provisions of this Code; and agreed upon or if the same is void, then new spouse will not be liable but the
3. By the local custom. the absolute community if property will mortgage will be impaired and the
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prevail. debtor spouse will loose the right to


EFFECT OF MARRIAGE SETTLEMENT: make use of the period.
1. Property in marriage settlement is  Must give new securities so as
registered did not redound to family, not to loose the period.
creditor cant get from co-owned
2. If marriage settlement is not registered, * If the marriage settlement does not
can get from co-owned particularize any valid property regime such
3. If redounded to benefit of family can get provision is void and thus the absolute
from co-owned even if not registered. community of property shall prevail.
*Marriage settlement must be fair, they must
exercise good faith in contracting the marriage
settlement. However if the agreement is not fair
as long as the disadvantaged spouse shows
that he/she understood it then the marriage
settlement shall be maintained.
LOCAL CUSTOMS: rule of conduct formed by
repetition of acts uniformly observed as a social
rule, legally binding and obligatory.
Art. 75: The future spouses may, in the - If a marriage settlement is absent or property
marriage settlements, agree upon the regime of regime agreed upon is void, Absolute
absolute community, conjugal partnership of community of property will govern.
gains, complete separation of property, or any
other regime. In the absence of a marriage
settlement, or when the regime agreed upon is
void, the system of absolute community of
property as established in this Code shall
govern.
Article 76: Modifications in marriage Art. 77: The marriage settlements and any Exception under Article 66 and 67: Revival or
settlement must be made before the celebration modification thereof shall be in writing, signed adoption of new property regime when those
of the marriage. by the parties and executed before the legally separated have reconciled.
celebration of the marriage. They shall not Exception under Article 128: in case of
prejudice third persons unless they are abandonment of a spouse other spouse can
registered in the local civil registry where the petition for receivership or administration of
marriage contract is recorded as well as in the properties or judicial decree of separation of
proper registries of properties. properties
(Oral marriage settlement is VOID) Exception under Article 135: Further grounds
for judicial separation of property
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Exception under Article 136: voluntary and


verified petition in court of both spouses to
modify regime into separate community of
property regime.
Art. 78: A minor who according to law may - Now a minor or a person below 18 years old
contract marriage may also execute his or her cannot contract to a marriage. An 18-year-old
marriage settlements, but they shall be valid person deciding to get married can execute a
only if the persons designated in Article 14 to marriage settlement without obtaining consent.
give consent to the marriage are made parties
to the agreement, subject to the provisions of
Title IX of this Code.
Art. 79: For the validity of any marriage - It is mandatory that a person with civil
settlement executed by a person upon whom a interdiction must have a guardian appointed by
sentence of civil interdiction has been the court to be involved in making the marriage
pronounced or who is subject to any other settlement
disability, it shall be indispensable for the CIVIL INTERDICTION: deprives the offender
guardian appointed by a competent court to be during the sentence, rights in marriage, parental
made a party thereto. rights, and administration of property.
Art. 80: In the absence of a contrary stipulation Extrinsic validity: The form of the contract has to
in a marriage settlement, the property relations follow whatever is the law in the country for
of the spouses shall be governed by Philippine changes to be made (change title etc.)
laws, regardless of the place of the celebration
of the marriage and their residence
This rule shall not apply:
1. Where both spouses are aliens;
2. With respect to the extrinsic validity of
contracts affecting property not situated in the
Philippines and executed in the country where
the property is located; and
3.With respect to the extrinsic validity of
contracts entered into in the Philippines but
affecting property situated in a foreign country
whose laws require different formalities for its
extrinsic validity.
Art. 81: Everything stipulated in the settlements - The reason for the marriage settlement is the * Donations in marriage settlements are
or contracts referred to in the preceding articles marriage itself thus if it does not take place the revoked by operation of law.
in consideration of a future marriage, including marriage settlement shall not be valid.
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donations between the prospective spouses - The provisions in a marriage settlement are
made therein, shall be rendered void if the separable thus if there are provisions which are
marriage does not take place. However, invalid then only the invalid provisions will be
stipulations that do not depend upon the ineffectual while the rest will be enforced.
celebration of the marriages shall be valid.
VOID MARRIAGE SETTLEMENTS
ARTICLE 76 Those not written, signed and made before the
celebration
Article 76 Those that stipulate that neither local custom
nor absolute community of property will govern
without stipulating any other kind of property
regime.
Article 80 Those made by a person upon who a sentence Exception: unless a guardian appointed made
of civil interdiction is given by a competent court is made party thereto
Article 81 Those stipulated in marriage settlement or Exception: stipulations that don’t depend on
contracts made in consideration of marriage the celebration of the marriage shall remain
(donations) will be void if marriage does not valid.
take place
Effects on creditors
Marriage settlements - Only needs to be registered in order to bind third parties. Exception to third party rule: If indebtedness
If registered third parties cannot go after conjugal property benefited to the family then can go after community of
property.
No marriage settlements: If there is no marriage settlement: Exception to impairment of property: if debtor
Absolute community of 1. If property is registered then spouse is bound by immediately gives new property equally satisfactory
property. mortgage or get consent of X to the security or collateral
2. If property is not registered then property is already established, then he does not loose period of
impaired and the debtor looses period of loan. loan.
DONATIONS
Art. 82: Donations by reason of marriage are DONATIONS PROPTER NUPTIAS: Procedure--Movable:
those, which are made before its celebration, in 1. Donations are to be made prior to the celebration of 1. Accepted personally or
consideration of the same, and in favor of one or marriage representative
both of the future spouses. 2. Must be made in favor of 1 or both of the spouses. Can 2. Made in lifetime of donor and
be made by a third party in the settlement. donee
Art. 83: These donations are governed by the Donation between spouses: 3. Can be orally given as long as
rules on ordinary donations established in Title III 1. A valid marriage settlement must stipulate with simultaneous delivery or
of Book III of the Civil Code, insofar as they are another regime than Absolute Community of document representing right of
not modified by the following articles. Property (ACP) donated (if above 5000 then must be
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2. Donation cannot be more than 1/5 of the present in writing)


Art. 84: If the future spouses agree upon a property of the donee spouse.
regime other than the absolute community of 3. Must be accepted and comply with other. Procedure--Immovable:
property, they cannot donate to each other in Exception: 1/5 rule will not apply if donation is in a 1.must be in public document
their marriage settlements more than one-fifth of separate deed, provided he has enough to support 2. Acceptance made in that
their present property. Any excess shall be himself and those relying on him. document or separate
considered void. 3. Must be made in lifetime of donor.
Donations of future property shall be governed
by the provisions on testamentary succession DONATIONS EXCLUDED:
and the formalities of wills. 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.
Article 85: Donations by reason of marriage of ENCUMBRANCE: Anything that impairs the use or
property subject to encumbrances shall be valid. transfer of property (burdened)
In case of foreclosure of the encumbrance and - If the object of the donation is encumbered it is still valid
the property is sold for less than the total amount but the donee’s rights is still subject to the encumbrance.
of the obligation secured, the donee shall not be IN CASE OF ENCUMBRANCE OF PROPERTY:
liable for the deficiency. If the property is sold for 1. Donee wont be liable for insufficiency of property to
more than the total amount of said obligation, the creditor. The donor will still be liable for that.
donee shall be entitled to the excess. 2. Donee can keep excess if property more than satisfies
the debt.
3. Donee cannot ask for reimbursement from donor if
mortgage is foreclosed.
- But wont be liable for deficiency, and gets the excess if
sold for more than amount.
Art. 86: A donation by reason of marriage may 1. Marriage is not celebrated or is void ab initio Exception: If the donation is in the
be revoked by the donor in the following cases: (including art. 52-53) marriage settlement it will be
1. If the marriage is not celebrated or judicially Prescription: revoked by operation of law.
declared void ab initio except donations made in - Marriage is void: 5 years from Judicial Exception: If the marriage is void
the marriage settlements, which shall be Declaration of Nullity (if doesn’t want to give it due to Article 40, or Article 44, then
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governed by Article 81; back, prescribe after 8 years for movable, 30 automatically revoked
2. When the marriage takes place without the years for immovable)
consent of the parents or guardian, as required - Marriage not celebrated: 5 years from when it
by law; was not celebrated
3. When the marriage is annulled, and the donee 2. Marriage takes place without consent of parents
acted in bad faith; Prescription:
4. Upon legal separation, the donee being the - 5 years from the time he had knowledge that consent
guilty spouse; was not obtained, after the marriage.
5. If it is with a resolutory condition and the 3. Upon legal separation when donee is the guilty Exception: if the ground for legal
condition is complied with; spouse separation is infidelity in the form of
6. When the donee has committed an act of Prescription: adultery or concubinage it will be
ingratitude as specified by the provisions of the - 5 years from finality of decree. automatically void.
Civil Code on donations in general. 4. When there is a resolutory cause and the Exception: between husband and
condition has been complied with wife prescription does not run.
Prescription:
5 years from the happening of the resolutory condition.
6. Acts of ingratitude:
- Donee commits an offense against the person or
property of the donor, his wife, or children
- Donee imputes to the donor any criminal offense
involving moral turpitude unless it against the donee
- Donee unduly refuses to support donor when he is
legally or morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge of the
fact of ingratitude
Art. 87: Every donation or grant of gratuitous - What constitutes a moderate gift depends on the Void Donations: (considered
advantage, direct or indirect, between the financial capacity of the donor. indirect donations to the spouse)
spouses during the marriage shall be void, - Under the last sentence of Art. 87it must be 1. To a stepchild who has no
except moderate gifts which the spouses may shown that the donation was made at a time compulsory or legal heirs
give each other on the occasion of any family when they were still living together as husband 2. To a common child who has
rejoicing. The prohibition shall also apply to and wife without the benefit of marriage. o compulsory or legal heirs
persons living together as husband and wife - Validity of donation or transfer cannot be 3. To the parents of the other
without a valid marriage. challenged by anyone unless those that will be spouse
affected by the donation. 4. To the other souse’s
RESERVA TRONCAL: the ascendant who inherits from adopted child
his descendant any property which the later may have 5. To common adopted child
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acquired by gratuitous title from another ascendant or who has no other


sibling is obliged to reserve such property for the benefit compulsory and or legal
of relatives within the 3rd degree and who belong to the heirs.
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.

Property Regime What included What excluded Notes Charges Liquidation process
Absolute All properties Article 92: Art. 89: No waiver of rights, Article 94: Termination:
community of owned before and 1.provided in marriage shares and effects of the 1. Support (spouses, Art. 97: Either
property after. settlement absolute community of common & legitimate spouse may dispose
Art. 88: The 2. Personal and exclusive property during the children) by will of his or her
absolute community Art. 91: Unless use of either spouse marriage can be made - Even beyond age of interest in the
of property between otherwise provided (except jewelry) except in case of judicial majority community property.
spouses shall in this Chapter or in - However if exclusive separation of property. 2. Debts & obligations
commence at the the marriage property is used to made by both, Art. 98: Neither
precise moment settlements, the purchase something else When the waiver takes administrator, or with spouse may donate
that the marriage is community property such property becomes place upon a judicial consent of other spouse any community
celebrated. Any shall consist of all part of ACP separation of property, or (even if did not redound) property without the
stipulation, express the property owned 1.Property acquired by after the marriage has been 3. D & O without consent consent of the other.
or implied, for the by the spouses at gratuitous title including dissolved or annulled, the but redounded. However, either
commencement of the time of the the fruits and income same shall appear in a 4. Expenses for community spouse may, without
the community celebration of the UNLESS the guarantor public instrument and shall property (taxes, liens, the consent of the
regime at any other marriage or expressly said they will be recorded as provided in charges) other, make moderate
time shall be void acquired thereafter. form part of ACP Article 77. The creditors of 5. Taxes & expenses for donations from the
- Must be a valid donation the spouse who made such preservation during community property
(Default regime if (cant be donation made waiver may petition the marriage of separate for charity or on
nothing stipulate – Art. 93: Property by one spouse to another) court to rescind the waiver property used by family occasions of family
exception: acquired during the 2.Property acquired by to the extent of the amount 6. Expenses for self- rejoicing or family
subsequent marriage is either spouse who has sufficient to cover the improvement or profession. distress
marriage after presumed to belong legitimate descendants amount of their credits. 7. Antenuptial debts Article 99:
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death will to the community, and the fruits of that * No waiver of rights, redounding to family 1. Death
automatically be unless it is proved property interests, shares, and 8. Donation made by both - Same proceeding as
CSP if there was no that it is one of *Winnings from gambling effects without judicial spouses for children to settlement of estate.
proper liquidation of those excluded (losses borne by looser) separation or dissolution or pursue vocation or self- Spouse shall liquidate
the properties of the therefrom. annulment of marriage – improvement property if no judicial
previous marriage) shall appear in a public 9. For illegitimate children, settlement proceeding
instrument (creditors may fines for crimes/quasi delict within 1 year. After 1
Art. 90: The rescind waiver up to extent in case of insufficiency. year cannot may
provisions on co- of the debt) (Advances) encumbrance on
ownership shall 10. Expenses for litigation property.
apply to the Art. 96: The administration * Solidary liability does not 2. Legal separation
absolute community and enjoyment of the include ante-nuptial debts 4. Annulled or void
of property between community property shall not redounding, support of (governed by art. 147
the spouses in all belong to both spouses illegitimate, liabilities thru & 148 except if void
matters not jointly. In case of crime/delict. under Article 40)
provided for in this disagreement, the 5. Judicial separation
Chapter. husband's decision shall Art. 95: Whatever may be of property
prevail, subject to recourse lost during the marriage in 6. Reappearance of a
to the court by the wife for any game of chance, spouse presumed
proper remedy, which must betting, sweepstakes, or dead.
be availed of within five any other kind of gambling, Procedure:
years from the date of the whether permitted or Article 102:
contract implementing such prohibited by law, shall be 1. Inventory (separate
decision. borne by the loser and and community)
In the event that one shall not be charged to the 2. D&O of ACP shall
spouse is incapacitated or community but any be paid out, in case of
otherwise unable to winnings therefrom shall insufficiency solidarily
participate in the form part of the community liable with separate
administration of the property. property.
common properties, the 3. Exclusive prop
other spouse may assume delivered.
sole powers of 4. Net remainder of
administration. These ACP divided equally
powers do not include unless different
disposition or encumbrance proportion in
without authority of the court settlement or waiver.
or the written consent of the 5. Delivery of
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other spouse. In the presumptive


absence of such authority or legitimates
consent, the disposition or 6. Conjugal dwelling
encumbrance shall be void. with spouse with most
However, the transaction children
shall be construed as a
continuing offer on the part
of the consenting spouse
and the third person, and
may be perfected as a
binding contract upon the
acceptance by the other
spouse or authorization by
the court before the offer is
withdrawn by either or both
offerors.
* Spouses administer and
enjoy property jointly.
Husband decision prevails
subject to recourse of wife
within 5 years from date of
contract implementing
decision. BUT if wife ratifies
contract express or implied
cant annul anymore.
- If disposition is made
without knowledge or
consent of other person no
prescription.
ACP SEPARATION IN FACT: - Abandonment is different from separation in fact.
Art. 100: The separation in fact between Abandonment has to do with total abdication of all marital
husband and wife shall not affect the regime of and parental authority.
absolute community except that: - If the spouse left with a valid cause he or she can still be
supported from the ACP.
1.The spouse who leaves the conjugal home or - The ACP can still be liable for obligations incurred by the
refuses to live therein, without just cause, shall separating spouse that may redound to the benefit of the
not have the right to be supported; family.
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2.When the consent of one spouse to any - Even the guilty spouse can compel the sale of property,
transaction of the other is required by law, which will redound to the benefit of the family.
judicial authorization shall be obtained in a - Only the present spouse is given standing by the law to
summary proceeding; file a petition to encumber or administer the property of the
3. In the absence of sufficient community other spouse.
property, the separate property of both spouses
shall be solidarily liable for the support of the
family. The spouse present shall, upon proper
petition in a summary proceeding, be given
judicial authority to administer or encumber any
specific separate property of the other spouse
and use the fruits or proceeds thereof to satisfy
the latter's share.
ACP Art. 101: If a spouse without just cause ABANDONMENT: Implies a departure by one spouse
abandons the other or fails to comply with his or with the avowed intent never to return, followed by
her obligations to the family, the aggrieved prolonged absence without just cause.
spouse may petition the court for receivership, - Should not only be physical but also financial and moral
for judicial separation of property or for authority desertion.
to be the sole administrator of the absolute
community, subject to such precautionary
conditions as the court may impose.

The obligations to the family mentioned in the


preceding paragraph refer to marital, parental or
property relations.

A spouse is deemed to have abandoned the


other when her or she has left the conjugal
dwelling without intention of returning. The
spouse who has left the conjugal dwelling for a
period of three 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.
Conjugal Article 106: Article 109: Art. 107: The rules Article 121: Termination:
Partnership of - Proceeds, products, 1. Brought into the provided in Articles 88 and 1.support of spouse common Article 126:
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Gains: fruits and income from marriage as his or her 89 shall also apply to and legitimate children 1.Death
Art. 105: In case their separate own conjugal partnership 2.D&O by admin, both or 2.Legal Separation
the future spouses properties 2. Acquired by of gains. either spouse with consent of 3. Annulled or
agree in the - Those acquired by gratuitous title other. declared void.
marriage their efforts or chance - By way of succession Art. 108: The conjugal 3.D&O without consent of 4.Judicial Separation
settlements that the - Income and fruits by - Honorarium (given in partnership shall be other but redounding.
regime of conjugal gratuitous title (diff appreciation for governed by the rules on 4.expenses for conjugal prop Article 127 and 128:
partnership gains from ACP) services rendered) the contract of partnership (taxes, liens) -Provisions on
shall govern their - Annuity: retirement 3. Acquired by right of in all that is not in conflict 5.taxes and expenses for separation in fact and
property relations on an annuity redemption, barter, with what is expressly preservation of separate abandonment has the
during marriage, (received as a matter exchange determined in this Chapter property (no need for use) same application as in
the provisions in of right) - Even if money used or by the spouses in their 6.expenses for spouse for ACP article 100 and
this Chapter shall -Pension: serious to redeem is conjugal marriage settlements. profession or self- 101.
be of previously rendered (reimbursement) improvement. Procedure:
supplementary for which full and 4. Bought with Prohibition on waiver. 7.Antenuptial debts Article 129:
application. adequate exclusive money of *Properties brought into the redounding to family. 1.Inventory of
compensation was either spouse. marriage by the contracting 8.donation of both for separate and conjugal
The provisions of not received at the *Onerous donations parties belong to each of children for profession or prop
this Chapter shall time. *Designated share in them exclusively. self-improvement. 2.Payment of
also apply to Article 117: donation - Either spouse can 9.expenses of litigation advances
conjugal 1. Acquired by *Gratuity (amount transfer admin of prop between spouses 3.Reimbursement to
partnerships of onerous title using given by gob’s for to other spouse thru Not to be paid by cpg: the spouses.
gains already common funds. previous work) public instrument. Article 122: 4.D&O paid out by
established 2. Obtained by labor Art. 118: Property bought -Payment of personal debts CPG, insufficiency
between spouses or industry or work Art. 110: The spouses on installments paid partly contracted by the husband or solidarily liable.
before the 3. Fruits, natural, retain the ownership, from exclusive funds of wife before or during the 5.exclusive prop
effectivity of this industrial, or civil due possession, either or both spouses and marriage unless they delivered
Code, without received during administration and partly from conjugal funds redounded to the benefit of 6.loss or deterioration
prejudice to vested marriage from enjoyment of their belongs to the buyer or the family. of movables paid from
rights already common prop exclusive properties. buyers if full ownership However, fines and CPG
acquired in - Net fruits of was vested before the indemnities imposed support 7.Net remainder to be
accordance with the exclusive property Either spouse may, marriage and to the of illegitimate children can be divided (unless MS or
Civil Code or other BUT personal during the marriage, conjugal partnership if paid by the assets AFTER waiver)
laws, as provided in damages are not transfer the such ownership was the payment of obligations 8.Delivery of
Article 256. conjugal. administration of his or vested during the provided in Art. 121. But at presumptive legitimes
4. Share in hidden her exclusive property marriage. In either case, the time of liquidation the 9.Conjugal dwelling
Presumption is that treasure to the other by means any amount advanced by spouse who used such funds
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all property 5. Fishing and hunting of a public instrument, the partnership or by either will be charged. Article 130: in case of
acquired during 6. Excess livestock which shall be or both spouses shall be If charges are paid, and death the liquidation
marriage even if in (those brought in to recorded in the registry reimbursed by the owner no property or proceeding will be in
the name of one the marriage by one of property of the place or owners upon liquidation insufficient CPG pays: the same proceeding
spouse is conjugal will reimbursed the property is located. of the partnership. -Fines, debts before as the settlement of
unless otherwise 7. Acquired by chance the marriage the estate of the
provided. Property bought before -Support of illegitimate deceased. (Same
but title registered after *Subject to reimbursement application as in ACP
marriage: still considered (ACP no need to pay out article 103)
exclusive property even if all charges first)
spouse is made co-owner Art. 133: From the
in title (considered a trust) Article 120 common mass of
Separate property plus 1.If improvement made by property support shall
conjugal funds to buy a cp is more than value of the be given to the
new property: new property, entire property will surviving spouse and
property will be considered be conjugal –reimburse to the children during
conjugal. spouse. the liquidation of the
Property bought on 2. If amount is not more inventoried property
installment partly from than it will still be separate and until what
exclusive and partly from property subject to belongs to them is
conjugal: when title was reimbursement to CPG. delivered; but from
vested will govern, then (Ownership will vest upon this shall be deducted
reimburse (Art. 119) reimbursement) that amount received
Principal payments and for support which
interest paid to a spouse Art. 123: Whatever may be exceeds the fruits or
during marriage: principal lost during the marriage in rents pertaining to
amt is exclusive while any game of chance or in them.
interest is conjugal. betting, sweepstakes, or any
other kind of gambling
whether permitted or
prohibited by law, shall be
borne by the loser and shall
not be charged to the
conjugal partnership but any
winnings therefrom shall
form part of the conjugal
partnership property.
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CPG Art. 110: The spouses retain the ownership, - Each spouse is to retain ownership,
possession, administration and enjoyment of administration, possession and enjoyment of their
their exclusive properties. exclusive properties.
- Administration includes entering into contracts,
Either spouse may, during the marriage, transfer engaging in litigation, and collection of fruits,
the administration of his or her exclusive profits and income arising from separate property.
property to the other by means of a public - The owner spouse can transfer administration of
instrument, which shall be recorded in the the property not only to the other spouse but also
registry of property of the place the property is to any third person without the consent of the
located. other spouse.
CPG Art. 111: A spouse of age may mortgage, - Art. 111 is no longer necessary, as the age of
encumber, alienate or otherwise dispose of his marriage is also the age of emancipation.
or her exclusive property, without the consent of - If the owner-spouse alienates his property the
the other spouse, and appear alone in court to administration by the other spouse over such
litigate with regard to the same. property will cease and the proceeds will go to the
owner.
Art. 112: The alienation of any exclusive - The owner-spouse cannot revoke a judicially
property of a spouse administered by the other approved administration by the other spouse of
automatically terminates the administration over his property by alienating it. Thus to alienate the
such property and the proceeds of the alienation property he must get the consent of the
shall be turned over to the owner-spouse. administrator-spouse or court approval.
CPG Art. 113: Property donated or left by will to the - The donor may donate whatever he wishes to
spouses, jointly and with designation of whomever he wants. Thus he may donate a piece
determinate shares, shall pertain to the donee- of property to both spouses jointly or may specify
spouses as his or her own exclusive property, how much of the property should go to the
and in the absence of designation, share and husband and how much should go to the wife.
share alike, without prejudice to the right of ACCRETION: addition of property to another property
accretion when proper. General rule: in a joint donation one cannot accept
independently of his co-donee unless it is stipulated or
Art. 114: If the donations are onerous, the unless it is between husband and wife.
amount of the charges shall be borne by the Ex. D donates land to H and W who are married. D
exclusive property of the donee spouse, donates 1/3 to W and 2/3 to H. If W does not accept the
whenever they have been advanced by the donation it will be considered added on to the share of the
conjugal partnership of gains. husband. However if it is a specific designation such as H
will get a car and W will get a horse, accretion will not
Art. 115: Retirement benefits, pensions, apply.
annuities, gratuities, usufructs and similar - In the case of wills for accretion to take effect, the nature
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benefits shall be governed by the rules on of the inheritance must be pro indivisio (not divided, the
gratuitous or onerous acquisitions as may be terms ½ or in equal shares is does not make it divided).
proper in each case.
CPG Art. 124: The administration and enjoyment of - Any alienation made by either spouse without the
the conjugal partnership shall belong to both consent of the other is invalid.
spouses jointly. In case of disagreement, the - In case the husband disposes of property over the
husband's decision shall prevail, subject to objection of the wife, the wife may file a case to
recourse to the court by the wife for proper annul the entire contract or part of it.
remedy, which must be availed of within five
years from the date of the contract implementing
such decision.
In the event that one spouse is incapacitated or
otherwise unable to participate in the
administration of the conjugal properties, the
other spouse may assume sole powers of
administration. These powers do not include
disposition or encumbrance without authority of
the court or the written consent of the other
spouse. In the absence of such authority or
consent, the disposition or encumbrance shall be
void. However, the transaction shall be
construed as a continuing offer on the part of the
consenting spouse and the third person, and
may be perfected as a binding contract upon the
acceptance by the other spouse or authorization
by the court before the offer is withdrawn by
either or both offerors. (165a)

Art. 125: Neither spouse may donate any


conjugal partnership property without the
consent of the other. However, either spouse
may, without the consent of the other, make
moderate donations from the conjugal
partnership property for charity or on occasions
of family rejoicing or family distress.
Separation of - They own everything separately but still liable Article 136: Voluntary Separation Revival:
property for family expenses in proportion to their income -Spouses may agree on the separation of their properties Article 141:
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Art. 134: In the or in default thereof in proportion to separate with court approval, no reason needed. (But if reason is 1.termination of civil
absence of an prop. But liability to their creditor is still solidary. stated and it is against public policy the court will reject it)
interdiction
express declaration Article 135: Sufficient cause for -Division of property must be equal unless there is a 2.Absentee reappears
in the marriage judicial separation of property: different proportion agreed in MS or waiver. 3.court satisfied that
settlements, the 1. Civil interdiction -Takes effect after judicial order of decree (not signing of administration will not
separation of 2. Absentee spouse agreement) be again abused
property between -2 years from last news about absentee, or -Creditors will be listed in petition and notified) 4.Resumption of
spouses during the 5 years if an administrator has been left. -In process delivery of presumptive legitimes is not common life with
marriage shall not 3. Loss of parental authority decreed necessary. other spouse
take place except by court (termination or deprivation 5.parental authority
by judicial order. not mere suspension) *Art. 142: Admin of exclusive prop of either spouse may restored
Such judicial -Over legitimate or illegitimate child whether be transferred by court to other spouse or if not qualified to 6.reconciliation of
separation of of previous or present marriage another person when: those separated in
property may either 4. Abandonment or failure to comply 1.spouse becomes the guardian fact
be voluntary or for with his or her obligations 2.the other is judicially declared an absentee 7.For those who
sufficient cause. 5. Abused power of administration 3.civil interdiction voluntarily separated
6. Separation in fact for at least 1 yr 4.fugitive from justice, hiding as an accused property, agree to
(Can be stipulated Art 143: If the couple wants a regime of separation of revive former property
in MS which shall Art. 137: Once the separation of property has property they have to enter into a valid marriage regime (but after that
govern and FC will been decreed, the absolute community or the settlement prior to the marriage stipulating such regime. can’t separate
only be conjugal partnership of gains shall be property anymore)
supplementary in liquidated in conformity with this Code. Art. 145: Administration is left with each spouse with - Art. 67 revival:
nature, in the During the pendency of the proceedings for regard to his/her own property without the need for the Agreement under oath
absence therein it separation of property, the absolute community consent of the other. Earnings of each shall also belong to will state:
cannot take place or the conjugal partnership shall pay for the each spouse. 1.properties to be
during the support of the spouses and their children. contributed
marriage except Art. 138: After dissolution of the absolute Art. 146: Both spouses shall bear the family expenses in 2.those to be retained
by judicial order) community or of the conjugal partnership, proportion to their income or their separate property. as separate
-May refer to the provisions on complete separation of Liability of spouses to creditors to family expenses are 3.names of known
present or future property shall apply. solidary (they are both liable to the creditor for the whole creditors
property or both Art. 144: Separation of property may refer to amount if the creditor seeks it from one of them. Such
-May be partial present or future property or both. It may be spouse is entitled to reimbursement from the other
or total total or partial. In the latter case, the property spouse).
-Those not agreed not agreed upon as separate shall pertain to * Even if there is an agreement on proportion of sharing
as separate will be the absolute community. etc, it wont affect the creditors.
ACP
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Marriage without Art. 147: When a man and a woman who are Requisites:
unions (governs capacitated to marry each other, live exclusively 1.Capacitated to marry each other
void marriages) with each other as husband and wife without the -Not capacitated: incestuous, against public policy,
benefit of marriage or under a void marriage, under 18, bigamous marriage
their wages and salaries shall be owned by them 2.live exclusively with each other as husband and wife
in equal shares and the property acquired by 3.Without benefit of marriage or under a void marriage.
both of them through their work or industry shall *Includes marriages of psychological incapacity,
be governed by the rules on co-ownership. reappearance of wife, non-liquidation of property,
In the absence of proof to the contrary, absence of formal requisites.
properties acquired while they lived together Structure:
shall be presumed to have been obtained by 1. Salaries and wages shall be owned by
their joint efforts, work or industry, and shall be equal shares
owned by them in equal shares. For purposes of 2. Property acquired with exclusive funds is
this Article, a party who did not participate in the owned by them exclusively
acquisition by the other party of any property 3. Property acquired through work or
shall be deemed to have contributed jointly in the industry governed by co-ownership
acquisition thereof if the former's efforts 4. Property acquired while they live together will be
consisted in the care and maintenance of the owned by them in equal shares. (Contribution
family and of the household. can be in the form of care and maintenance of
Neither party can encumber or dispose by acts family, household)
inter vivos of his or her share in the property 5. Fruits of separate property not part of
acquired during cohabitation and owned in co-ownership
common, without the consent of the other, until 6. Conjugal home will be owned equally.
after the termination of their cohabitation. -Can’t encumber or dispose of his/her share
When only one of the parties to a void marriage without consent of the other or after cohabitation.
is in good faith, the share of the party in bad faith -Can alienate in favor of the other his or her share
in the co-ownership shall be forfeited in favor of BUT cant waive any interest in co-ownership
their common children. In case of default of or -Void marriage: net share of bad faith is forfeited to:
waiver by any or all of the common children or 1. Common children
their descendants, each vacant share shall 2. Waiver of common children, descendants
belong to the respective surviving descendants. 3. Absence of descendants, innocent
In the absence of descendants, such share shall party Void marriages included:
belong to the innocent party. In all cases, the Art. 36: psychological incapacity
forfeiture shall take place upon termination of the Art. 44: bad faith of both spouses in a
cohabitation. subsequent marriage
Art. 53: non-liquidation, dissolution, distribution of prop.
Those where there is absence of consent, authority of
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solemnizer, license, marriage ceremony.


Marriage without Art. 148: In cases of cohabitation not falling Requisites:
unions (governs under the preceding Article, only the properties - Cohabitation not falling under article 147.
void marriages) acquired by both of the parties through their Structure:
actual joint contribution of money, property, or - Parties are co-owners of property acquired during
industry shall be owned by them in common in cohabitation only upon proof that each of them
proportion to their respective contributions. In the made an actual contribution.
absence of proof to the contrary, their 1. Salaries and wages are separately owned; if
contributions and corresponding shares are either is married the salaries go to that marriage.
presumed to be equal. The same rule and 2. Property acquired by the money of one, belongs
presumption shall apply to joint deposits of to that person exclusively
money and evidences of credit. 3. Only properties acquired by both of them through
If one of the parties is validly married to another, joint contribution will be owned by the in common
his or her share in the co-ownership shall accrue in proportion to what they gave (money, property,
to the absolute community or conjugal or industry – but cant be mere care and
partnership existing in such valid marriage. If the maintenance of family/household). (Presumption
party who acted in bad faith is not validly married is that shares over property owned is equal
to another, his or her shall be forfeited in the shares but can be rebutted through proof showing
manner provided in the last paragraph of the otherwise.
preceding Article. 4. If one of the parties is validly married, that
The foregoing rules on forfeiture shall likewise person’s share in the co-ownership will accrue to
apply even if both parties are in bad faith the marriage.
Bad faith: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants
3. Absence of descendants, innocent party
- If both are in bad faith they shall be considered as in
good faith and their shares shall go to them.

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.

THE FAMILY AS AN INSTITUTION


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Art. 149: The family, being the foundation of the nation, - Paramount importance is given to the family as
is a basic social institution which public policy cherishes provided in the 1987 constitution.
and protects. Consequently, family relations are - Family relations are governed t law and no custom
governed by law and no custom, practice or agreement or practice destructive of the family will be
destructive of the family shall be recognized or given recognized.
effect.
Art. 150: Family relations include those: - Any person not included in the enumeration cannot Exception to earnest
1. Between husband and wife; be considered as within the term “family relations.” efforts:
2. Between parents and children; - Before a suit can be filed by people belonging to the - Earnest effort is not
3. Among brothers and sisters, whether of the full or same family as provided in Art. 150, earnest efforts required if included in the
half-blood. must be made to settle the case amicably. suit between family
Art. 151: No suit between members of the same family *Earnest effort s meant for civil actions only. members is a stranger
shall prosper unless it should appear from the verified not of the same family.
complaint or petition that earnest efforts toward a The following are excused from criminal liability (only civil - Does not apply to
compromise have been made, but that the same have liability incurred) for theft, swindling or malicious mischief: cases, which may not be
failed. If it is shown that no such efforts were in fact 1. Spouses, ascendants, and descendents or relatives compromised.
made, the same case must be dismissed. by affinity in the same line. - Does not apply to
This rules shall not apply to cases which may not be the 2. The widowed spouse with respect to the property of settlement of estate
subject of compromise under the Civil Code the deceased BEFORE someone else possess it. guardianship, custody of
3. Brothers and sisters and brothers-in-law and sisters- children, and habeas
in-law if they are living together. corpus
 Exemption is not applicable to strangers
participating therein.
Prescription does not run between husband and wife,
parents and children during the latter’s minority or insanity,
and between guardian and ward during the guardianship.
THE FAMILY HOME
Art. 152: The family home, constituted jointly by the - Home is deemed constituted form the time it is * Exemption from
husband and the wife or by an unmarried head of a actually resided upon and occupied by the family. execution is not absolute
family, is the dwelling house where they and their family No need for judicial or extrajudicial requirement, as it is subject to certain
reside, and the land on which it is situated. deemed constituted by operation of law. limitation such as
- There must be the element of permanence (thus a indebtedness in certain
Art. 153: The family home is deemed constituted on a boat on water cannot be considered a family home) instances (to be
house and lot from the time it is occupied as a family - Must be constituted by both husband and wife discussed in the next
residence. From the time of its constitution and so long jointly, the unmarried head of the family, or the articles)
as any of its beneficiaries actually resides therein, the occupancy of beneficiaries in a home can be
family home continues to be such and is exempt from constituted as a family home.
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execution, forced sale or attachment except as - The family home is exempt from execution, forced
hereinafter provided and to the extent of the value sale or attachment as provided by law
allowed by law.
Art. 154: The beneficiaries of a family home are: - The actual occupancy of the beneficiaries in a home
1. The husband and wife, or an unmarried person who is may constitute the same as a family home as long
the head of a family; and as they have the consent of the husband or wife
2. Their parents, ascendants, descendants, brothers and who own the house and lot even if the owners do
sisters, whether the relationship be legitimate or not reside in them.
illegitimate, who are living in the family home and who
depend upon the head of the family for legal support
Art. 155: The family home shall be exempt from - The whole value of the family home may be used to
execution, forced sale or attachment except: pay obligations under Art. 155.
1. For nonpayment of taxes;
2. For debts incurred prior to the constitution of the family
home;
3. For debts secured by mortgages on the premises
before or after such constitution; and
4. For debts due to laborers, mechanics, architects,
builders, material men and others who have rendered
service or furnished material for the construction of the
building.
Art. 156: The family home must be part of the properties - The family home must be constituted at a place
of the absolute community or the conjugal partnership, or where there is a fixed and permanent connection
of the exclusive properties of either spouse with the with the persons constituting it.
latter's consent. It may also be constituted by an Not considered:
unmarried head of a family on his or her own property. 1. Boat or vessel
Nevertheless, property that is the subject of a conditional 2. Apartment or house being rented
sale on installments where ownership is reserved by the 3. House on another’s property
vendor only to guarantee payment of the purchase price Considered: Property where ownership is reserved to
may be constituted as a family home. the one making the family home.
Art. 157: The actual value of the family home shall not - Those above the amount stipulated (300,000 in
exceed, at the time of its constitution, the amount of the urban, 200,000 in rural) will not be exempt from
three hundred thousand pesos in urban areas, and two execution forced sale or attachment.
hundred thousand pesos in rural areas, or such amounts - Prior to the family code constitution of a family home
as may hereafter be fixed by law. was not automatic there was a need to file for such.
In any event, if the value of the currency changes after If prior to the family code there are certain houses
the adoption of this Code, the value most favorable for falling under the value of a family home at the time
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the constitution of a family home shall be the basis of of the constitution of the family code (Aug. 3, 1988)
evaluation. provided for the family home is deemed
For purposes of this Article, urban areas are deemed to automatically constituted.
include chartered cities and municipalities whose annual
income at least equals that legally required for chartered
cities. All others are deemed to be rural areas.
Art. 158: The family home may be sold, alienated, Written consent needed for the disposition of the family
donated, assigned or encumbered by the owner or home:
owners thereof with the written consent of the person 1. Persons constituting the family home
constituting the same, the latter's spouse, and a majority 2. Latter’s spouse
of the beneficiaries of legal age. In case of conflict, the 3. Majority of beneficiaries of legal age
court shall decide
Art. 159: The family home shall continue despite the - Security of the family is the concern of the law thus
death of one or both spouses or of the unmarried head of they provide for a 10 year period despite the death
the family for a period of ten years or for as long as there of the person who constituted the family home.
is a minor beneficiary, and the heirs cannot partition the Furthermore the heirs cannot partition the same
same unless the court finds compelling reasons therefor. unless the court finds compelling reasons therefore.
This rule shall apply regardless of whoever owns the
property or constituted the family home.
Art. 160: When a creditor whose claims is not among - Bidders cannot bid below the amount of 300,000
those mentioned in Article 155 obtains a judgment in his - If the house is sold, 300,000 is given to the owner of
favor, and he has reasonable grounds to believe that the the house and the balance to the creditor to satisfy
family home is actually worth more than the maximum his debt. This happens even if the debt is not fully
amount fixed in Article 157, he may apply to the court satisfied. (Idea is to give 300,000 so that the debtor
which rendered the judgment for an order directing the can buy a house) This however does not apply
sale of the property under execution. The court shall so when if the creditor is one of those mentioned in
order if it finds that the actual value of the family home Article 155 (the debt must be satisfied even if
exceeds the maximum amount allowed by law as of the nothing is left with the owner).
time of its constitution. If the increased actual value
exceeds the maximum allowed in Article 157 and results
from subsequent voluntary improvements introduced by
the person or persons constituting the family home, by
the owner or owners of the property, or by any of the
beneficiaries, the same rule and procedure shall apply.

At the execution sale, no bid below the value allowed for


a family home shall be considered. The proceeds shall be
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applied first to the amount mentioned in Article 157,


and then to the liabilities under the judgment and the
costs. The excess, if any, shall be delivered to the
judgment debtor.
Art. 161: For purposes of availing of the benefits of a family home as provided for in this Chapter, a person
may constitute, or be the beneficiary of, only one family home.
Art. 162: The provisions in this Chapter shall also govern existing family residences insofar as said provisions
are applicable.

LEGITIMATE ILLEGITIMATE NOTES


Children conceived or born during the marriage Children born or conceived outside a valid
marriage or in a void marriage unless
otherwise provided
Children as a result of artificial insemination are If the requisites are not followed and the father does
legitimate provided that both authorized or not impugn the legitimacy of the child, the child shall
ratified the insemination in a written instrument still be considered legitimate.
signed by both of them before the birth of the
child (registered with the birth certificate). I
If husband is able to impugn legitimacy
with regards to him child will simply not be
related, but in relation to the mom the child
will be considered illegitimate
PATERNITY AND FILIATION
Art. 163: The filiation of children may be by nature or - Paternity and filiation refer to the relationship or tie, which
by adoption. Natural filiation may be legitimate or exists between parents and their children.
illegitimate.
Art. 164: Children conceived or born during the - Illegitimate children are those conceived and born
marriage of the parents are legitimate. outside a valid marriage or inside a void marriage.
Children conceived as a result of artificial ARTIFICIAL INSEMINATION: wife is artificially impregnated
insemination of the wife with the sperm of the with the semen of her husband or with the semen of a third
husband or that of a donor or both are likewise person.
legitimate children of the husband and his wife, - Child of artificial insemination is considered
provided, that both of them authorized or ratified such legitimate provided that both the husband and wife
insemination in a written instrument executed and authorize or ratify such insemination in a written
signed by them before the birth of the child. The instrument and signed by them before the birth of
instrument shall be recorded in the civil registry the child and that it is recorded in the civil registry

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together with the birth certificate of the child. together with the birth certificate of the child.
- If the requirements given are not followed and the
Art. 165: Children conceived and born outside a husband does not impugn the legitimacy of the child
valid marriage are illegitimate, unless otherwise on grounds provided by law within the prescriptive
provided in this Code. period the child will still be considered legitimate.
Art. 166: Legitimacy of a child may be impugned only Grounds to impugn legitimacy of the child: Art. 167: The child shall be
on the following grounds: 1. Physically impossible for husband to have sexual considered legitimate
1. That it was physically impossible for the husband intercourse with wife within the first 120 days of the although the mother may
to have sexual intercourse with his wife within the 300 days immediately preceding the birth of child have declared against its
first 120 days of the 300 days which immediately due to: legitimacy or may have been
preceded the birth of the child because of: a. Physical incapacity sentenced as an adulteress.
(a) the physical incapacity of the husband to b. Living separately: must be living in such a
have sexual intercourse with his wife; way that sexual intercourse is impossible. *Even if wife impugns
(b) the fact that the husband and wife were (Mere remoteness is not sufficient) legitimacy, child is still
living separately in such a way that c. Serious illness legitimate, only husband and
sexual intercourse was not possible; or - When a child is born inside a marriage, sexual intercourse in proper cases the heirs can
(c) serious illness of the husband, which is presumed to have occurred between the husband and impugn the legitimacy.
absolutely prevented sexual intercourse; wife within the first 120 days of the 300-day period before Unless: she did not deliver
2.That it is proved that for biological or other scientific the birth of the child. (Longest gestation period) the child herself, or did not
reasons, the child could not have been that of the 2. Biological or scientific reasons the child could not come from her own womb.
husband, except in the instance provided in the have been that of the husband (except for artificial
second paragraph of Article 164; or insemination)—if for biological reasons offspring
3. That in case of children conceived through artificial could not have been that of the husband like if the
insemination, the written authorization or ratification child was a different race from the father’s.
of either parent was obtained through mistake, fraud, - Vasectomy is not enough proof because there are times
violence, intimidation, or undue influence. when the sperm can re-channel itself and effect fertilization.
3. In case of artificial insemination the authorization or
ratification was obtained through mistake, fraud,
violence or intimidation or undue influence.
* In the event that any of the grounds are proven, the child
will not be considered legitimate or illegitimate but that
simply the husband and child are not related. In so far as the
mother is concerned the child will be considered illegitimate.
- Presumption is in favor of legitimacy.

Art. 168: If the marriage is terminated and the * Merely suppletory, if there is better proof then such should
mother contracted another marriage within three be accepted.
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hundred days after such termination of the former - Sexual intercourse is presumed between spouses during
marriage, these rules shall govern in the absence of their marriage.
proof to the contrary: IN CASE OF 2 MARRIAGES:
1. A child born before one hundred eighty days after - If child is born within 180 days after the second
the solemnization of the subsequent marriage is marriage and within 300 days after the termination
considered to have been conceived during the former of the first marriage the child shall be considered to
marriage, provided it be born within three hundred have been conceived of the first marriage unless
days after the termination of the former marriage; other proof is given.
2. A child born after one hundred eighty days - If the child is born after 180 days after the second
following the celebration of the subsequent marriage marriage the child shall be considered to have been
is considered to have been conceived during such conceived of the second marriage unless other
marriage, even though it be born within the three proof is given.
hundred days after the termination of the former *But either way the child is still legitimate.
marriage.
Art. 169: The legitimacy or illegitimacy of a child - If there is no subsequent marriage after 300 days after the
born after three hundred days following the termination of the marriage there is no presumption and thus
termination of the marriage shall be proved by convincing proof is necessary.
whoever alleges such legitimacy or illegitimacy.
Art. 170: The action to impugn the legitimacy of the Prescription for impugning the legitimacy of the child *It is from the knowledge of
child shall be brought within one year from the 1. Within one year from the knowledge of the birth or the child’s birth not the
knowledge of the birth or its recording in the civil its recording if husband resides in city where birth knowledge that it is not his
register, if the husband or, in a proper case, any of took place or recorded. child.
his heirs, should reside in the city or municipality 2. Within 2 years, if the husband lives elsewhere in the
where the birth took place or was recorded. Philippines. *Even if the birth was
3. Within 3 years, if he lives abroad concealed, if it was registered
If the husband or, in his default, all of his heirs do not 4. If the birth of the child has been concealed, and the father did not impugn
reside at the place of birth as defined in the first prescription will begin from the discovery or the child’s legitimacy during
paragraph or where it was recorded, the period shall knowledge of birth of child or the fact of registration the period provided then the
be two years if they should reside in the Philippines; of the birth (whichever is earlier). child is legitimate. (Cannot
and three years if abroad. If the birth of the child has impugn since registry is
been concealed from or was unknown to the earlier)
husband or his heirs, the period shall be counted
from the discovery or knowledge of the birth of the
child or of the fact of registration of said birth,
whichever is earlier.
Art. 171: The heirs of the husband may impugn the - Legitimacy cannot be collaterally attacked or impugned.
filiation of the child within the period prescribed in the Principally only the husband can file a direct action to
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preceding article only in the following cases: impugn the legitimacy of the child even if the child is not his.
1. If the husband should died before the expiration of - The heirs are mere substitutes of the husband and cannot
the period fixed for bringing his action; file the action if the husband himself failed to file such action
2. If he should die after the filing of the complaint despite knowledge of the illegitimacy within the prescribed
without having desisted therefrom; or period.
3. If the child was born after the death of the
husband.
PROOF OF FILIATION
Art. 172: The filiation of legitimate children is - The record of birth appearing in the civil registry should Proofs from rules of the court
established by any of the following: have the husband’s signature and such birth certificate or special law:
1. The record of birth appearing in the civil register signed by the parents is adequate proof of paternity without 1. Baptismal certificate
or a final judgment; or need for further court action. 2. Judicial admission
2. An admission of legitimate filiation in a public - Admission in public or private handwritten document is a 3. Family bible
document or a private handwritten instrument and complete act of recognition without need for court action 4. Common reputation
signed by the parent concerned.  A mere instrument not in the handwriting o the 5. Admission by silence
In the absence of the foregoing evidence, the parent or not a public instrument will not 6. Testimony of witness
legitimate filiation shall be proved by: qualify.
1. The open and continuous possession of the - Open continuous possession means the father treats the
status of a legitimate child; or child as his own directly and not through others,
2. Any other means allowed by the Rules of Court spontaneously and without concealment
and special laws.  Must be spontaneous and uninterrupted

Art. 173: The action to claim legitimacy may be Action to claim legitimacy by the child Article 175: Illegitimate child
brought by the child during his or her lifetime and May be brought by the child during his or her lifetime and -Same as legitimate children
shall be transmitted to the heirs should the child die may be transmitted to heirs if the child dies during minority except when proof is through
during minority or in a state of insanity. In these or in a state of insanity or after it has already been open and continuous
cases, the heirs shall have a period of five years instituted by the child and child dies. relationship or other rules of
within which to institute the action. Heirs have five years to institute action court in which case it may only
be brought during the lifetime
of the alleged parent.
Exception: if the child is born
in a valid marriage though
different man, he cannot claim
illegitimacy. The man in the
marriage must first impugn the
legitimacy of the child
Article 176: Rights of an illegitimate child Article 174: Legitimate children shall have the right:
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1. Bear the surname of the mother 1. To bear the surnames of the father and the mother,
· Even if paternity is certain, mother in conformity with the provisions of the Civil Code on
surnames unless father admits that Surnames;
is his child and lives with them then 2. To receive support from their parents, their ascendants,
surname of father can be used. and in proper cases, their brothers and sisters, in conformity
2. Be under the parental authority of the with the provisions of this Code on Support; and
mother, entitled to support from her 3. To be entitled to the legitimate and other
· Even if paternity is certain, if father is successional rights granted to them by the Civil Code.
not living with them he cannot have
parental authority. - A legitimate child has his or her whole lifetime to file
· If the father acknowledges the child and an action to claim his or her legitimacy.
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 ½ 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)
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Art. 177: Only children conceived and born outside Legitimated Children (legitimate by operation of law) *Shall enjoy same rights as
of wedlock of parents who, at the time of the Requirements: legitimate children, shall
conception of the former, were not disqualified by 1. Children conceived and born outside wedlock retroact to their birth.
any impediment to marry each other may be 2. Of parents who had no legal impediments to marry *No need for the
legitimated. at that time the child was conceived and acknowledgment of the father
3. They get married later on. (The fact that it is a unlike the civil code.
Art. 178: Legitimation shall take place by a voidable marriage will not affect the legitimation, but *Legitimation will not affect
subsequent valid marriage between parents. The property rights already vested.
if it is a void marriage then illegitimate)
annulment of a voidable marriage shall not affect *If there is a legal impediment
 IF the child dies before the celebration of the
the legitimation. at the time of conception the
marriage, it will still benefit their descendants. remedy is adoption.
 Only by those who are prejudiced in their rights
Art. 179: Legitimated children shall enjoy the same Exception: those born
within 5 years from the time their cause of action
rights as legitimate children. (272a) through adulterous relationship
accrues. (Refers basically to inheritance rights but if
and bigamous marriage
the creditors are really prejudiced they must show
Art. 180: The effects of legitimation shall retroact to cannot be legitimated.
how legitimation affected such—vested rights prior to
the time of the child's birth. legitimation then those rights will not be taken from
them)
 Right of action accrues only upon death of parents
when legitimes will vest
 Adopted children can be prejudiced with regards to
adopter parents or even natural parents.
Art. 181: The legitimation of children who died - In effect gives the children what they should have
before the celebration of the marriage shall benefit enjoyed during the lifetime of their father or mother.
their descendants.
Art. 182: Legitimation may be impugned only by - Contemplates inheritance or successional rights,
those who are prejudiced in their rights, within five creditors (commercial or property rights) are
years from the time their cause of action accrues. excluded unless it can be shown that the
legitimation affected their rights and they are really
prejudiced.

SUPPORT
Art. 194: Support comprises everything  Everything indispensable for sustenance, Art. 205: right to give or obtain
indispensable for sustenance, dwelling, clothing, dwelling, clothing, medical attendance, education, support shall not be levied upon on
medical attendance, education and transportation, and transportation (in keeping with the financial attachment or execution.
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in keeping with the financial capacity of the family. capacity of the family) - Cannot be made to satisfy any
 Schooling or training shall be applicable even judgment against the recipient.
The education of the person entitled to be beyond the age of majority Except: the excess beyond
supported referred to in the preceding paragraph  Transportation includes going to and from school required for legal support in a will
shall include his schooling or training for some and place of work or contractual supports hall be
profession, trade or vocation, even beyond the  Can be given even beyond the age of majority subject to levy or execution.
age of majority. Transportation shall include  Support is never final (no res judicata) can be (Contractual support is subject to
expenses in going to and from school, or to and adjustment whenever modification
changed
from place of work. is necessary)
Art. 195: Subject to the provisions of the 1. Spouses *Adopted children only up to
succeeding articles, the following are obliged to 2. Legitimate ascendant and descendants parents for support. Others aren’t
support each other to the whole extent set forth in 3. Parents and their legitimate children and their obliged to support. (If the adopter
the preceding article: illegitimate/legitimate grandchildren dies or abandons then the state
1. The spouses; 4. Parents and their illegitimate children and their takes over)
2. Legitimate ascendants and descendants; illegitimate/legitimate grandchildren *Mandatory and essential cannot
3. Parents and their legitimate children and the 5. Legitimate brothers and sisters whether whole or be transmitted to a 3rd person nor
legitimate and illegitimate children of the latter; half blood can it be waived.
4. Parents and their illegitimate children and the 6. Brothers and sisters not legitimately related are (Prohibition against any
legitimate and illegitimate children of the latter; also obliged to support unless if he/she is of age compromise of the right to future
and and is due to claimants fault or negligence no support)
5. Legitimate brothers and sisters, whether of full support. *If relationship between one to be
or half-blood - A child inside a womb is already considered born thus supported and the one to support
entitled to all benefits that accrue to him/her provided that is in issue, status of the parties
the child is born after. should be established first.

Art. 196: Brothers and sisters not legitimately - They are no longer bound when the child is above
related, whether of the full or half-blood, are the age of majority or due to the negligence.
likewise bound to support each other to the full
extent set forth in Article 194, except only when
the need for support of the brother or sister, being
of age, is due to a cause imputable to the
claimant's fault or negligence.
Article 197: In case of legitimate ascendants;  Support for legitimate ascendants, descendants *IF the legitimate descendants are
descendants, whether legitimate or illegitimate; (legitimate or illegitimate), brothers and sisters the common children then ACP
and brothers and sisters, whether legitimately or (legitimate or illegitimately related) shall be taken and CPG shall be principally
illegitimately related, only the separate property of from separate property charged.
the person obliged to give support shall be *Support can’t be taken from the
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answerable provided that in case the obligor has  If no separate properties from ACP or CPG children’s property unless there
no separate property, the absolute community or (advancement). was no need or demand from
the conjugal partnership, if financially capable,  recipient. (If this happens can
But if it is the illegitimate children, insufficiency is
shall advance the support, which shall be forfeit bond made by guardian
enough to make ACP liable and insufficiency plus
deducted from the share of the spouse obliged parent over property-art. 225)
upon the liquidation of the absolute community or payment of charges to make CPG liable.
of the conjugal partnership  For spouses, generally from ACP or CPG absence
of then from fruits of ACP or CPG insufficiency or
absence of from the separate properties themselves.
Art. 198: During the proceedings for legal  Support pending litigation generally obtain from ACP *After declaration of nullity or
separation or for annulment of marriage, and for or CPG annulment no more obligation to
declaration of nullity of marriage, the spouses and  In case of support between husband and wife where support
their children shall be supported from the validity of marriage is in issue, aggrieved cannot be *In legal separation support
properties of the absolute community or the given support pendent elite by the other spouse (from ceases unless guilty spouse is
conjugal partnership. After the final judgment his separate property) ordered to support innocent.
granting the petition, the obligation of mutual  Legal separation or annulment: spouses shall be *If wife is adulterous it can be a
support between the spouses ceases. However, supported by ACP or CPG. defense in an action for support
in case of legal separation, the court may order against separate property of the
that the guilty spouse shall give support to the spouse but wife can still get
innocent one, specifying the terms of such order. support from ACP or CPG.
Art. 199: Whenever two or more persons are  The list is in order of priority of who should
obliged to give support, the liability shall devolve support first. The others are not obliged to give
upon the following persons in the order herein support if those higher on the list are present.
provided:
1. The spouse; Art. 200:if the liability to support falls on 2 people it will be
2. The descendants in the nearest degree; divided between them in the proportion of their resources.
3. The ascendants in the nearest degree; and -But in case of urgency, the judge may order only one of
4. The brothers and sisters. them to give and then just get reimbursed from the other
after.
Art. 200: When the obligation to give support falls -When there are two or more people claiming for support
upon two or more persons, the payment of the and the one obliged to give doesn’t have enough, order
same shall be divided between them in proportion will be followed except when the one who needs support
to the resources of each. is a spouse and a child in which case the child shall be
However, in case of urgent need and by special preferred. (Wife is preferred when it is an illegitimate child)
circumstances, the judge may order only one of
them to furnish the support provisionally, without
prejudice to his right to claim from the other
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obligors the share due from them.

When two or more recipients at the same time


claim support from one and the same person
legally obliged to give it, should the latter not have
sufficient means to satisfy all claims, the order
established in the preceding article shall be
followed, unless the concurrent obligees should
be the spouse and a child subject to parental
authority, in which case the child shall be
preferred.
Art. 201: The amount of support, in the cases  Support can be increased or decreased
referred to in Articles 195 and 196, shall be in depending on the needs of the recipient and the
proportion to the resources or means of the giver resources of the person obliged to give it.
and to the necessities of the recipient. 
Judgment for support does not become final
Art. 202: Support in the cases referred to in the
preceding article shall be reduced or increased Demanding support
proportionately, according to the reduction or  Demandable from the time person who has the
increase of the necessities of the recipient and the right to receive it needs it (need for support is not
resources or means of the person obliged to presumed, must be established).
furnish the same.  No support given without judicial or
extrajudicial demand. (Made within the first 5
Art. 203: The obligation to give support shall be years of every month)
demandable from the time the person who has a  Demand is essential shows manifestation of
right to receive the same needs it for needs.
maintenance, but it shall not be paid except from
the date of judicial or extra-judicial demand.
Support pendente lite may be claimed in
accordance with the Rules of Court.
Payment shall be made within the first five days of
each corresponding month or when the recipient
dies, his heirs shall not be obliged to return what
he has received in advance.
Art. 204: The person obliged to give support shall How to provide support
have the option to fulfill the obligation either by  Can be by giving the money or allowance
paying the allowance fixed, or by receiving and  Or by allowing the person to stay in family
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maintaining in the family dwelling the person who dwelling unless there is a legal or moral obstacle
has a right to receive support. The latter (usually refers to illegitimate children who are
alternative cannot be availed of in case there is a generally not allowed to get from ACP or CPG)
moral or legal obstacle thereto.
Art. 205: The right to receive support under this  The right to receive support and the money or * However in case of contractual
Title as well as any money or property obtained as property obtained as such support cannot be support or that given by will, the
such support shall not be levied upon on made to satisfy any judgment against the recipient excess amount beyond that
attachment or execution. required for legal support can be
subject of execution.
Art. 206: When, without the knowledge of the Art. 206 Requisites: Quasi-contract: juridical relation
person obliged to give support, it is given by a  There is a need to be supported and without which arises from certain lawful,
stranger, the latter shall have a right to claim the knowledge of person obliged to give support it voluntary and unilateral acts to the
same from the former, unless it appears that he is given by another, he can reimburse unless he end that no one shall be unjustly
gave it without intention of being reimbursed. has no intention of being reimbursed. enriched or benefited at the
 If person obliged to give support unjustly refuses expense of another (basis for
Art. 207. When the person obliged to support reimbursement of one who gives
a third person can give it with right of
another unjustly refuses or fails to give support support)
reimbursement.
when urgently needed by the latter, any third
Art. 207 Requisites:
person may furnish support to the needy
1. Urgent need to be supported on the part of the
individual, with right of reimbursement from the
recipient
person obliged to give support. This Article shall
2. The person obliged to support unjustly refuses or
particularly apply when the father or mother of a
fails to give support.
child under the age of majority unjustly refuses to
3. Third person furnishes the support to the needy
support or fails to give support to the child when
individual
urgently needed. *If all are present 3rd person shall have right to
reimbursment.
Art. 208: In case of contractual support or that - This is different from legal support, which cannot
given by will, the excess in amount beyond that be levied upon; contractual support however is not
required for legal support shall be subject to levy mandated by law.
on attachment or execution - The excess in amount of legal support shall be
subject to levy on attachment or execution.

PARENTAL AUTHORITY
Art. 209: Pursuant to the natural right and duty of - Natural affection between the parents and the
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parents over the person and property of their offspring has always been recognized as an
unemancipated children, parental authority and inherent and natural right.
responsibility shall include the caring for and - Parental authority involves a mass of rights and
rearing them for civic consciousness and obligations.
efficiency and the development of their moral,
mental and physical character and well-being.
Art. 210: Parental authority and responsibility - Parental authority and responsibility may not be Except when provided by law
may not be renounced or transferred except in the renounced or transferred except in the cases (Cases of adoption, guardianship
cases authorized by law. authorized by law. Parental authority and and surrender to a children’s home
responsibility cannot be renounced or transferred or orphanage)
-When a parent gives authority to
another it merely temporary
custody not renunciation.
Art. 211: The father and the mother shall jointly  In case of disagreement the father’s decision shall
exercise parental authority over the persons of prevail unless there is a judicial order.
their common children. In case of disagreement,  Children should observe respect and are obliged
the father's decision shall prevail, unless there is a to obey them as long as they are under their
judicial order to the contrary. parental authority
Children shall always observe respect and  Applies to both legitimate and illegitimate
reverence towards their parents and are obliged Requisites for it to apply to illegitimate:
to obey them as long as the children are under 1. Paternity is knows or the father is certain.
parental authority. 2. Illegitimate is living with the father and mother
who are cohabiting without the benefit of
marriage.
(If one of the requisites are missing only mother has
parental authority)
*Father’s subsequent separation does not mean a
renunciation. Once parental authority is vested cannot be
waived.
Art. 212: In case of absence or death of either  If a spouse dies, the other spouse still has *New spouse does not get parental
parent, the parent present shall continue parental authority authority by the fact of marriage.
exercising parental authority. The remarriage of  Remarriage does not affect the parental authority New spouse must adopt the
the surviving parent shall not affect the parental of the parent. children to have parental authority.
authority over the children, unless the court  Lesbianism not a ground to deprive of custody.
appoints another person to be the guardian of the
person or property of the children.
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Art. 213: In case of separation of the parents,  In case of separation the court shall designate a *This does not mean that the other
parental authority shall be exercised by the parent parent to have parental authority (taking into parent has no more PA.
designated by the Court. The Court shall take into consideration choice of those 7 and above) *Habeas corpus is proper remedy
account all relevant considerations, especially the  No child below 7 shall be separated from mother to get custody of a child from the
choice of the child over seven years of age, unless there is compelling reason not to do so. other parent or 3rd persons.
unless the parent chosen is unfit. (Age is considered from when the decision is
made or when custody is given)
 Custody may also be given to 3rd persons if the
situation so warrants.
Art. 214: In case of death, absence or  In case of death, absence or unsuitability of the
unsuitability of the parents, substitute parental parents substitute parental authority shall be
authority shall be exercised by the surviving exercised by the surviving grandparent.
grandparent. In case several survive, the one  In case several grandparents survive, the court
designated by the court, taking into account the will decide.
same consideration mentioned in the preceding
article, shall exercise the authority.
Art. 215: No descendant shall be compelled, in a  No descendant shall be compelled in a criminal *Not mandatory in nature so if the
criminal case, to testify against his parents and case to testify against his parents or grandparents child wants to he can do so
grandparents, except when such testimony is unless the crime is against the descendant or by voluntarily.
indispensable in a crime against the descendant one parent against the other.
or by one parent against the other.  Husband and wife during or after the marriage
cannot be examined without the consent of the
other (marital privilege). Except: in a civil case by
one against the other, in a criminal case by one
against the other or to the latter’s descendant or
ascendant.

SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY


Art. 216: In default of parents or a judicially 1st: parents exercise parental authority then a judicially *They will have the rights and
appointed guardian, the following person shall appointed guardian in default of such guardian: responsibilities of a parent
exercise substitute parental authority over the child 1. Surviving grandparent enumerated in art. 220 onwards.
in the order indicated: 2. Oldest brother or sister over 21 *Order is not mandatory:
1. The surviving grandparent, as provided in Art. 3. Child’s actual custodian over 21 paramount interest
214; * The list is merely a guideline, fitness, capabilities,
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2. The oldest brother or sister, over twenty-one etc must still be considered.
years of age, unless unfit or disqualified; and
3. The child's actual custodian, over twenty-one
years of age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian
over the property of the child becomes necessary,
the same order of preference shall be observed.
Art. 217: In case of foundlings, abandoned In case of no family members (foundling, abandoned,
neglected or abused children and other children neglected or abused children and other children similarly
similarly situated, parental authority shall be situated)
entrusted in summary judicial proceedings to heads - Parental authority shall be entrusted in summary
of children's homes, orphanages and similar judicial proceedings to heads of children’s
institutions duly accredited by the proper homes, orphanages, etc.
government agency. Transfer of parental authority:
1. Involuntary: by DSWS who files with court to
have custody over the child.
2. Voluntary: parent or child commits to the DSWS
(surrendered in writing by parents, if only 1 and
the other is dead or abandoned for at least 1
year 1 parent authorization is enough)
Art. 218: The school, its administrators and  School, administrators, teachers, individuals or Except: no liability by those with
teachers, or the individual, entity or institution entities engaged in child care shall have special special parental authority if it can
engaged in child are shall have special parental parental authority and responsibility over the be proven that such person
authority and responsibility over the minor child minor child while under their supervision, exercised the proper diligence in
while under their supervision, instruction or custody. instruction, custody. (This authority applies to the circumstances. Parents can’t
Authority and responsibility shall apply to all authorized activities inside or outside the use diligence as a defense
authorized activities whether inside or outside the premises) (imputed liability flows from filial
premises of the school, entity or institution.  Those given special authority shall be principally relation).
and solidariliy liable (civil liability) for damages *Can be an academic or non-
Art. 219: Those given the authority and caused by the acts or omissions of the minor. academic school.
responsibility under the preceding Article shall be (Must be teacher in charge etc).
principally and solidarily liable for damages caused  Parents or those who have substitute parental
by the acts or omissions of the unemancipated authority shall be subsidiarily liable (if persons
minor. The parents, judicial guardians or the
with special authority cannot cover the liability)
persons exercising substitute parental authority over
 Under the civil code, article 2180, teachers etc
said minor shall be subsidiarily liable.
can still be held liable when children are not
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D. Sobrepeña
The respective liabilities of those referred to in the anymore minors subject to the defense of proper
preceding paragraph shall not apply if it is proved diligence.
that they exercised the proper diligence required
under the particular circumstances.

All other cases not covered by this and the


preceding articles shall be governed by the
provisions of the Civil Code on quasi-delicts.

EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN


Art. 220: The parents and those exercising parental Rights and duties of parents: *Cases in the US would show that
authority shall have with the respect to their 1. Support, educate and instruct them, provide for support can be withheld from the
unemancipated children on wards the following their upbringing in keeping with their means. child as a disciplinary sanction if
rights and duties: 2. Love and affection, advice, counseling, the child refuses to obey the
1. To keep them in their company, to support, companionship, and understanding father. (But mere disagreements
educate and instruct them by right precept and good 3. Moral and spiritual guidance or delinquent behavior does not
example, and to provide for their upbringing in 4. Physical and mental health generally terminate support).
keeping with their means; 5. Good and wholesome educational materials and ROE V. DOE.
2. To give them love and affection, advice and prevent them from bad company
counsel, companionship and understanding; 6. Represent them in all matters affecting their
3. To provide them with moral and spiritual interest.
guidance, inculcate in them honesty, integrity, self- 7. Demand respect and obedience
discipline, self-reliance, industry and thrift, stimulate 8. Impose discipline
their interest in civic affairs, and inspire in them 9. Others imposed by law
compliance with the duties of citizenship; Disciplinary Actions: parents may inflict a reasonable
4. To furnish them with good and wholesome measure of corporal punishment.
educational materials, supervise their activities, (Read Child and Youth Welfare Code –Rights of the
recreation and association with others, protect them child)
from bad company, and prevent them from
acquiring habits detrimental to their health, studies
and morals;
5. To represent them in all matters affecting their
interests;
6. To demand from them respect and obedience;
7. To impose discipline on them as may be required
under the circumstances; and
8. To perform such other duties as are imposed by

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law upon parents and guardians.


Art. 221: Parents and other persons exercising  Parents are primarily liable (civilly) for injuries Exception: if parents can show
parental authority shall be civilly liable for the and damages caused by the acts and omissions that they exercised the diligence
injuries and damages caused by the acts or of their unemancipated children living in their of a good father, then no liability.
omissions of their unemancipated children living in company and under their parental authority.
their company and under their parental authority
subject to the appropriate defenses provided by law.
Art. 222: The courts may appoint a guardian of the  Court may appoint a guardian for purposes of the
child's property or a guardian ad litem when the best lawsuit when the best interest of the child
interests of the child so requires. requires it.
GUARDIANSHIP: trust relation of the most sacred
character.
Art. 223: The parents or, in their absence or  Person who has parental authority may seek the Art. 224: The measures referred
incapacity, the individual, entity or institution assistance of the court to discipline the child and to in the preceding article may
exercising parental authority, may petition the with a counsel shall undergo a summary hearing. include the commitment of the
proper court of the place where the child resides, for  If the court finds that it is the petitioner at fault, child for not more than thirty days
an order providing for disciplinary measures over the court may suspend or deprive him of parental in entities or institutions engaged
the child. The child shall be entitled to the authority. in child care or in children's
assistance of counsel, either of his choice or  During the commitment of the child the parent homes duly accredited by the
appointed by the court, and a summary hearing cannot interfere with the care of the child but will proper government agency.
shall be conducted wherein the petitioner and the The parent exercising parental
provide support.
child shall be heard. authority shall not interfere with
 The court may terminate the commitment of the
However, if in the same proceeding the court finds the care of the child whenever
the petitioner at fault, irrespective of the merits of child whenever just and proper. committed but shall provide for
the petition, or when the circumstances so warrant, his support. Upon proper petition
the court may also order the deprivation or or at its own instance, the court
suspension of parental authority or adopt such other may terminate the commitment of
measures as it may deem just and proper. the child whenever just and
proper.
EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN
Art. 225. The father and the mother shall jointly  No need for a judicial court to appoint parents
exercise legal guardianship over the property of the as guardians. It is presumed that the parents
unemancipated common child without the necessity of act for the best interest of the child.
a court appointment. In case of disagreement, the Prohibition (cases where a parent cannot be the
father's decision shall prevail, unless there is a judicial administrator of the property):
order to the contrary. 1. When a parent is disinherited and his/her
child inherits from the child’s grandparents his
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Where the market value of the property or the annual share of the compulsory inheritance, the
income of the child exceeds P50,000, the parent parent cannot administer such property. The
concerned shall be required to furnish a bond in such parent however can administer whatever is
amount as the court may determine, but not less than given to the child by way of voluntary will.
ten per centum (10%) of the value of the property or 2. When the parent is unfit to administer the
annual income, to guarantee the performance of the property and thus a guardian is needed.
obligations prescribed for general guardians. - Parent’s authority over the estate of the ward
as a legal-guardian would not extend to acts
A verified petition for approval of the bond shall be filed of encumbrance or disposition, as
in the proper court of the place where the child resides, distinguished from acts of management or
or, if the child resides in a foreign country, in the proper administration.
court of the place where the property or any part 1. if the market value of total property or income of
thereof is situated. child is more than P50k, the parent has to give a bond
not less than 10% of value of property to guarantee
The petition shall be docketed as a summary special performance of the obligations prescribed for general
proceeding in which all incidents and issues regarding guardians. (to be sure that guardians don’t abuse their
the performance of the obligations referred to in the authority and do what they are required to do)
second paragraph of this Article shall be heard and 2. rules on guardianship apply supplementary to
resolved. parents, but if child is under substitute parental
authority or guardian is a stranger then rules on
The ordinary rules on guardianship shall be merely guardianship apply.
suppletory except when the child is under substitute *parent’s authority over the estate does not include
parental authority, or the guardian is a stranger, or a alienation or encumbrance, or compromise or waiver
parent has remarried, in which case the ordinary rules (void). – authority is needed from court.
on guardianship shall apply.
Art. 226. The property of the unemancipated child  Child’s salary still for his/her exclusively used
earned or acquired with his work or industry or by for benefit of child but child also has obligation
onerous or gratuitous title shall belong to the child in to support ascendants thus salary can be
ownership and shall be devoted exclusively to the used.
latter's support and education, unless the title or  Parent’s cannot use property for personal
transfer provides otherwise. use.
The right of the parents over the fruits and income of -the child shall own exclusively whatever he earns or
the child's property shall be limited primarily to the by onerous or gratuitous title.
child's support and secondarily to the collective daily -the fruits of such can only be used by the parents for
needs of the family. the support of the child and secondarily for the support
of the family.
Art. 227: If the parents entrust the management or  Parents who engage their unemancipated
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administration of any of their properties to an child to take care of their properties are to
unemancipated child, the net proceeds of such give their child a monthly allowance taken
property shall belong to the owner. The child shall be from the gross proceeds of the property for
given a reasonable monthly allowance in an amount the month. Such will not be charged to the
not less than that which the owner would have paid if child’s legitime.
the administrator were a stranger, unless the owner,  The net proceeds or the balance left after the
grants the entire proceeds to the child. In any case, the payment of the allowance and expenses will
proceeds thus give in whole or in part shall not be go to the parents
charged to the child's legitime.
SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
Art. 228: Parental authority terminates permanently:  The court upon the death of the parents can *parental authority cannot be
1. Upon the death of the parents; appoint a guardian on petition of a relative, revived in these cases.
2. Upon the death of the child; or family friend, or DSWD.
3. Upon emancipation of the child.  These situations extinguishes parental
authority
Art. 229: Unless subsequently revived by a final Grounds for termination: *for the reinstatement of parental
judgment, parental authority also terminates: 1. Adoption – all legal ties are severed an are authority judicial declaration is
1. Upon adoption of the child; vested on the adopter. needed for reinstatement of
2. Upon appointment of a general guardian; 2. appointment of guardian parental authority.
3. Upon judicial declaration of abandonment of the 3. abandonment of child (upon judicial
child in a case filed for the purpose; declaration in a case filed for the purpose)
4. Upon final judgment of a competent court divesting 4. final judgment from court depriving parental
the party concerned of parental authority; or authority
5. Upon judicial declaration of absence or incapacity of 5. judicial declaration of absence or incapacity of
the person exercising parental authority. person
Art. 230: Parental authority is suspended upon - parental authority is suspended upon conviction of *parental authority is
conviction of the parent or the person exercising the the parent of a crime that has civil interdiction (loss of automatically reinstated upon
same of a crime which carries with it the penalty of civil rights of parental authority, guardianship to person service of sentence or pardon.
interdiction. The authority is automatically reinstated and property of ward, marital authority, right to
upon service of the penalty or upon pardon or amnesty manage his property and right to dispose of such.
of the offender.
Art. 231: The court in an action filed for the purpose in Suspension of parental authority (can be from a *if the degree or seriousness so
a related case may also suspend parental authority if case related, offshoot of another case. Does not have warrants parent may be deprived
the parent or the person exercising the same: to be case filed for the purpose) of authority.
1.Treats the child with excessive harshness or cruelty 1. treats the child with excessive harshness or *Parental authority may be
2. Gives the child corrupting orders, counsel or cruelty revived in a case filed for its
example; purpose or in the same
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3. Compels the child to beg; or 2. gives child corrupting orders, example or proceeding if the court finds that
4. Subjects the child or allows him to be subjected to counsel the cause has ceased.
acts of lasciviousness. 3. Compels the child to beg
The grounds enumerated above are deemed to include 4. Subjects or allows him to be subject to acts of
cases, which have resulted from culpable negligence of lasciviousness (not actual sexual act, force or
the parent or the person exercising parental authority. intimidation with lewd design)
If the degree of seriousness so warrants, or the welfare * This may include cases where the parent was
of the child so demands, the court shall deprive the negligent or didn’t do anything about the situation.
guilty party of parental authority or adopt such other
measures as may be proper under the circumstances.
The suspension or deprivation may be revoked and the
parental authority revived in a case filed for the
purpose or in the same proceeding if the court finds
that the cause therefor has ceased and will not be
repeated.
Art. 232: If the person exercising parental authority has  If the person exercising parental authority has *parental authority cannot be
subjected the child or allowed him to be subjected to subjected the child or allowed him to be revived for sexual abuse.
sexual abuse, such person shall be permanently subjected (culpable negligence of a parent) to *RPC: parental authority can be
deprived by the court of such authority. sexual abuse parental authority will be deprived or suspended up to the
permanently deprived discretion of the courts.
Under RPC: any person entrusted with parental
authority of a child under 16 years of age to deliver,
gratuitously or in consideration of a price, such child to
vagrant or beggar, employs children in exhibitions
(circus, carnival, etc.)
Art. 233: The person exercising substitute parental Corporal punishment of those with special
authority shall have the same authority over the person parental authority:
of the child as the parents. - those exercising substitute parental authority
In no case shall the school administrator, teacher of will have all the same rights and authorities
individual engaged in child care exercising special over the child (can inflict corporal punishment)
parental authority inflict corporal punishment upon the - those with special parental authority cannot
child. inflict corporal punishment on the child.
(schools can impose certain measures of
disciplinary action but cannot inflict any
physical punishment)
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Criminal liability of parents:


1. conceals or abandons the child with intent to make him/her loose his civil status
2. abandons child depriving him of the love, care, and protection he needs
3. sells or abandons child for a valuable consideration
4. neglects the child by not giving him the education which the family can afford
5. fails or refuses without justifiable reason to enroll child
6. causes, abates, or permits truancy of the child. (absence without cause for more than 20 days, not necessarily consecutive)
7. exploits child by using him for begging, etc.
8. inflicts cruel and unusual punishment
9. encourages or causes child to lead an immoral or dissolute life
10. permits child to use or carry dangerous weapons
11. allows or requires child to drive without a license.

EMANCIPATION
Art. 234: Emancipation takes place by the - Emancipation is attained upon reaching 18 years of age.
attainment of majority. Unless otherwise Marriage is no longer a ground for emancipation since
provided, majority commences at the age of now one can only contract a marriage when they marry.
eighteen.
Art. 236: Emancipation for any cases shall - Parental consent is more in keeping with Filipino culture *Illegitimate children: liability is
terminate parental authority over the person and tradition. with the mother; the father is
and property of the child who shall then be - Once emancipated he/she can sue or be sued alone, only relied upon for support.
qualified and responsible for all acts of civil of and is responsible and qualified for all acts of civil life
life, save the exceptions established by existing Parent’s liability:
laws in special cases. - The father and in case of death or incapacity the mother
Contracting marriage shall require parental are responsible for the damages caused by the children
consent until the age of 21. between 18 and 21 who live in their company.
Nothing in this code shall be construed to - Parents are also subsidiary liable for the acts or
derogate from the duty or responsibility of omission of their emancipated child living in their
parents and guardians for children and wards custody,
below twenty-one years of age mentioned in Guardian’s liability:
the second and third paragraphs of Article 2180 - Guardians are liable for damages if the person is under
of the civil code. their authority and live in their company.

Summary proceedings:
- claims for damages by either spouse must be done in a separate action.

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- 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 can’t 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.

USE OF SURNAMES
Art. 364: Legitimate and legitimated children shall - Legitimate, legitimated children use surname of
principally use the surname of the father. their dad

Art. 365: An adopted child shall bear the surname - Adopted children are considered the legitimate
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of the adopter. child of the adopter for all intents and purposes
and thus is entitled to all the rights and
obligations provided by law.
- Adopted children bear the name of their adopter.
Art. 366: A natural child acknowledged by both Art. 176: illegitimate children shall use the surname of the
parents shall principally use the surname of the mother and shall be under their parental control.
father. If recognized by only one of the parents, a - Art. 176 however does not apply if the father of
natural child shall employ the surname of the the illegitimate child is certain as when the said
recognizing parent. father categorically admits that the illegitimate
Art. 367: Natural children by legal fiction shall common child is his and at the same time such
principally employ the surname of the father. father lives with the illegitimate child and the
mother.

Art. 368: Illegitimate children referred to in Article - Illegitimate children shall principally use the Exception: father is certain or
287 shall bear the surname of the mother. name of the mother recognizes illegitimate child and
the father lives with the illegitimate
child and mother. Then can use
fathers surname
Art. 369: Children conceived before the decree -
Children conceived before the decree annulling
annulling a voidable marriage shall principally use a voidable marriage shall use surname of father.
the surname of the father. - Decree of annulment is final 15 days after it is
made thus even if the child was born during that
15 day period the child will still be legitimate.
Art. 370: A married woman may use: Married woman may use:
1. Her maiden first name and surname and add her 1. Her own name
husband's surname, or 2. maiden first name, surname and husbands
2. Her maiden first name and her husband's surname
surname or 3. maiden name and her husbands surname
3. Her husband's full name, but prefixing a word 4. husbands full name plus “Mrs.”
indicating that she is his wife, such as "Mrs." * Option is give to the woman.

Art. 371: In case of annulment of marriage, and In case of annulment:


the wife is the guilty party, she shall resume her
maiden name and surname. If she is the innocent 1. wife is guilty: shall resume her maiden name
spouse, she may resume her maiden name and 2. innocent: resume her maiden name or continue
surname. However, she may choose to continue using her husbands name unless the court
employing her former husband's surname, unless:
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1. The court decrees otherwise, or decrees otherwise or if either of them remarries.


2. She or the former husband is married again to In case of legal separation: wife will continue to use the
another person. name she used prior to separation
Widow: may continue to use deceased husband’s
Art. 372: When legal separation has been granted, surname
the wife shall continue using her name and
surname employed before the legal separation.

Art. 373: A widow may use the deceased


husband's surname as though he were still living,
in accordance with Article 370.

Art. 374: In case of identity of names and  If there are similar names, the younger will be Grandsons and direct male
surnames, the younger person shall be obliged to obliged to use additional names descendants will use:
use such additional name or surname as will avoid  If between ascendants and descendants the 1. add middle name or
confusion. word “junior” can only be used by a son. mothers surname
add roman numerals
Art. 375: In case of identity of names and
surnames between ascendants and descendants,
the word "Junior" can be used only by a son.
Grandsons and other direct male descendants
shall either:
1. Add a middle name or the mother's surname, or
2. Add the Roman Numerals II, III, and so on.

Art. 376: No person can change his name or  No change in name or surname without judicial Exception: if it is for merely
surname without judicial authority. authority changing clerical or typographical
Reasons for change in surname: error no need for judicial authority
1. ridiculous name (must not involve a change in
2. change of civil status nationality, age, status, or sex)
3. to avoid confusion Change in nickname:
*laws do not permit a legitimate child of another to adopt 1. ridiculous, tainted with
the surname of another person even if that person is dishonor, difficult to
exercising parental authority. But if it is an illegitimate pronounce
child, change of surname is permitted 2. habitually used and known
- change of name does not alter family relations, by other people as that
rights or duties, legal capacity, civil status or 3. change will avoid
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citizenship. confusion.

Art. 377: Usurpation of a name and surname may  The usurpation or use of a name and surname *usurpation means some injury to
be the subject of an action for damages and other without authority could result in a claim for the interests of the person
relief. damages (possibility of confusion of identity
Art. 378: The unauthorized or unlawful use of  Unauthorized or unlawful use of another’s name etc)
another person's surname gives a right of action to also gives right for an action to the latter.
the latter.
Art. 379: The employment of pen names or stage  Pen names and stage names permitted as long *stage names cannot be usurped
names is permitted, provided it is done in good as done in good faith and no one gets injured. as the people have vested rights in
faith and there is no injury to third persons. Pen them as well.
names and stage names cannot be usurped.

Art. 380: Except as provided in the preceding


article, no person shall use different names and
surnames.

Absence:
- at the instance of an interested party the judge may appoint a person to represent him
- judge shall take necessary measures to safeguard rights and interests of absentee (specify powers, regulations etc.) –spouse is preferred if
no legal separation.
Declaration of absence - 2 yrs if no news about the absentee
- 5 yrs if absentee left someone in charge
Who may seek - spouse present *judicial declaration shall not take effect until 6
declaration of absence - heirs instituted in a will months after its publication.
- relatives who may succeed by the law of intestacy
(legitimate, illegitimate relatives, collateral relatives)
- those who have right to the property subordinated to the
condition of his death
Some of its effects - cause for involuntary judicial separation *spouse can’t alienate/encumber property
- basis for termination of property regime without judicial authority.
- transfer of exclusive properties to the present spouse
- termination of parental authority
Termination of - when absentee appears of his agent
administration - death of the absentee is proved and his heirs appear

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- 3rd person appears with a right over the property


Presumption of death - 7 years for intents and purposes except succession *if the absentee appears or his existence is
through absence - 10 yrs for purposes of opening succession proven he shall recover all his property in the
condition they are in but cannot claim the fruits
- if disappeared after the age of 75, 5 years enough
or rents.
Presumption of death in - on board a lost vessel during sea voyage, airplane that is
*if the absentee is the heir, his share shall
dangerous situations missing and has not been heard of in 4 years since loss. (if accrue to his co-heirs, unless hi has heirs or a
there is a wreckage and person is missing, not 4 years) representative. (right of representation). If
- Person in the armed forces engaged in war and is missing absentee reappears he has claim to get what
for 4 years was supposed to be his from those that got it
- Person in danger of death and existence has not been within the prescriptive period.
known for 4 years.
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ADDITIONAL NOTES AND REVIEW AIDS:

Adoption: Right to create relationship of parent and child between persons who are not related exists only by virtue of statute.

Domestic adoption
- Policy of the state to ensure that child is provided with love, care and remains with parents and only when the child can’t be placed
with extended family shall adoption by unrelated person be considered.
In accordance with tenets of:
1. UN Convention on Rights of a Child
2. UN Declaration of Social and Legal Principles Relating to the Protection and Welfare of Children
3. Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption.
State Policy:
1. Safeguard biological parents from making hurried decisions. (Counseling, no commitment to a potential adopter before birth, etc.)
2. Prevent child from unnecessary separation from parents
3. Protect adoptive parents from disturbance of their parental authority over adopted.
4. Promote sensitive environment for adoption through campaigns and public information
5. Government has sufficient capacity to provide for adoption properly.
6. Encourage domestic adoption and make inter-country adoption a last resort.
- Being a statutory creation, all requirements must be met with if not, no rights may flow from this.
Pre-Adoption Services: Counseling for natural parents, adopter, and adoptee.
Eligibility:
1. Filipino citizen of legal age with full civil capacity and legal rights.
a. Not convicted of a crime involving moral turpitude
b. Emotionally/Psychologically capable of caring for children
c. At least 16 years older then the adoptee (unless adopter is the biological parent or spouse of the biological parent)
d. In a position to support and care for
2. Aliens with same qualifications plus
a. Country has diplomatic relations with Philippines
b. Living in the Philippines for at least 3 continuous years
i. Residency requirement is waived if the adopter was:
1. Former Filipino citizen who seeks to adopt a relative with in the 4 th degree of consanguinity or affinity
2. Seeks to adopt legitimate child of Filipino spouse
3. One who is married to a Filipino and seeks to adopt jointly with her a relative within the 4 th degree of
consanguinity or affinity of Filipino spouse.
c. Foreign country will allow the adoptee to enter such country
d. Certified to be legally capacitated to adopt

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3. Guardian with respect to ward (after clearance of finances


Husband and wife shall jointly adopt except:
1. One spouse seeks to adopt legitimate child of other
2. One spouse adopts his/her own illegitimate child provided other spouse signifies consent to this
3. Spouses are legally separated
Who may be adopted:
1. Below 18, judicially/administratively declared available for adoption
2. Legitimate child of one spouse by the other
3. Illegitimate child by qualified adopter to improve status
4. A person of legal age of when younger was treated as adopter’s child since minority
5. A childe whose adoption has been previously rescinded
6. Child where parents have died (no proceeding until after 6 months from time of
death) Consent needed: To make sure everyone knows and accepts the adoption
1. The adoptee if 10 years and over
2. Who ever has legal custody of the child (parent, guardian, gov’t.)
3. Legitimate and adopted children of adoptee (10 years and above)
4. Illegitimate children if living with adopter (10 years or over)
5. Spouse of adopter
- No consent can be given prior to birth of child. 6-month period to revoke consent by parent after decision has been made. After that consent
is binding.
Procedure:
1. Court needs proof that there wasn’t a hurried decision.
2. Social worker should make case study of adopter and adoptee prior to any hearing for adoption
3. Before adoption decree becomes final there is 6 month custody period
- Only a direct attack in cases of adoption, can’t be collaterally attacked
- Decree becomes effective as of the date petition was filed
· Retroacts except when it comes to vicarious liability
- Hearing in adoption cases will be considered confidential and not open to
public. Effects of Adoption:
1. Parental authority – all legal ties between biological parent and adoptee severed (unless biological is the one adopting)
2. Legitimacy – for all intents and purposes adoptee is considered legitimate child
a. Relationship established is only between parent and child, does not extend to other relatives unless expressly provided by law
3. Succession - adopter and adoptee become legitimate/ legal heirs of one another (entitled to legitime), biological parents won’t get
anything. - No right of representation (Meaning if adopter dies, adoptee can’t get from parents of adopter)
- Does not inherit form the other relatives, etc.
- However if something is left by will the adoptee/biological parent can inherit (from the free portion)
Rescission of adoption: by adoptee or guardian:

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1. Repeated physical or verbal maltreatment


2. Attempt on the life of the adoptee
3. Sexual assault or violence
4. Abandonment and failure to comply with parental obligations -
Adopter cannot rescind adoption (can only disinherit)
- If adoption is rescinded then parental authority of biological parents or Department of Social Welfare will be restored if adoptee is still a
minor. But adopter and adoptee relationship extinguished.

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
4. Fees and Charges to be executed
5. Form and Contents of application
6. Formulate policies etc to protect children
7. Prevent improper financial gain
8. Promote development of adoption service
9. Accredit/authorize foreign adoption agency
10. Ensure confidentiality of records
11. Prepare/Modify agreements
12. Assist other agencies
13. Others
Who may be adopted: Only a legally free child (voluntarily or involuntarily committed)
Who may adopt: Any alien or Filipino citizen residing abroad provided:
1. At least 27 years old and 16 years older then the adopted unless adopter is biological parent. If married, they must jointly file adoption.
2. Has capacity to act and assume rights and responsibilities of a parent under his national laws. Also has undergone counseling form
an accredited counselor in his/her country
3. Not been convicted of a crime involving moral turpitude
4. Eligible to adopt under his nationality laws
5. Able to give proper care and support
6. Agrees to uphold basic rights of child
7. Comes from a country that the Philippines has diplomatic ties with. (Philippine maintains authorized and accredited agency, adoption is

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allowed under his or her laws)


- To be filed with the RTC or the board through an agency.
Matching: Judicious pairing of the applicant and the child to promote a mentally satisfying parent-child relationship.
- No matching arrangement between applicant and parents before the committee’s proposal unless it is relative or it is for the child’s
best interest.
- Applicant must fetch child within 30 days after notice of issuance of visa.
Trial custody: 6 months with submission of progress reports before adoption decree becomes final.
- If pre-adoptive relationship is unsatisfactory, it will be terminated and Board may choose from roster of applicants a qualified family, absence
the foreign agency may propose.
Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements with countries of the
foreign adoption agencies.
Illegal Adoption (presumed):
1. Consent for adoption acquired through or attended by force, coercion, etc.
2. No authority from board
3. Procedures and safeguards not complied with
4. Child exposed to danger, abuse and exploitation
- Attempt to commit offense punishable
- Acts punishable above considered child trafficking

RA 7610: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.
- State shall intervene when person who is supposed to protect a child cannot or if those acts are being committed by the parent against the
child.
Children 18 years or below or those above 18 but are unable to protect themselves from exploitation/discrimination due to physical or
mental disability.
Child Abuse: habitual or non-habitual maltreatment
1. Psychological or physical abuse (neglect, cruelty emotional maltreatment, sexual abuse)
2. Acts by deeds or words, which degrades or demeans intrinsic worth or human dignity of child.
3. Unreasonable deprivation of basic needs
4. Failure to give immediate medical treatment when needed.
Circumstances, which gravely threaten or endanger survival and normal development:
1. Living in an area affected by armed conflict
2. Working under conditions hazardous to life, safety, morals
3. Living or fending for themselves without the care of anyone
4. Living in an area lacking basic services (indigenous cultural community, extreme poverty, underdeveloped area)
5. Victim of calamity
6. Analogous situations.
Child prostitution and other sexual acts/abuse: For any consideration or through coercion or influence indulge in sexual acts.

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Attempt to commit: Any person who is in a secluded area with a child and such person is not a
relative. Child trafficking: trading, dealing, buying, and selling of children
Attempt to commit: Child travels alone to foreign country without reason or clearance form DSWS, pregnant women consents to adoption for
a consideration, establishment which recruits women to bear children. Person engaged in finding children from low-income families.
Obscene publications and indecent shows: perform obscene exhibitions in shows, video or model and sells/distributes this.
Other acts of abuse: use coercion, force or intimidation to make a child beg, traffic drugs, or conduct other illegal activities
- 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.

Article 86: Donor may revoke 5. Marriage is not celebrated or is void ab initio Exception: If the donation is in the
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donation by reason of marriage in (including art. 52-53) marriage settlement it will be revoked by
the following cases Prescription: operation of law.
- marriage is void: 5 years from Judicial Declaration of Exception: If the marriage is void due to
Nullity (if doesn’t want to give it back, prescribe after Article 40, or Article 44, then automatically
8 years for movable, 30 years for immovable) revoked
- marriage not celebrated: 5 years from when it was
not celebrated
6. Marriage takes place without consent of parents
Prescription:
- 5 years from the time he had knowledge that consent was
not obtained, after the marriage.
7. Upon legal separation when donee is the guilty Exception: if the ground for legal
spouse separation is infidelity in the form of
Prescription: adultery or concubinage it will be
- 5 years from finality of decree. automatically void.
8. When there is a resolutory cause and the condition Exception: between husband and wife
has been complied with prescription does not run.
Prescription:
5 years from the happening of the resolutory condition.
6. Acts of ingratitude:
- donee commits an offense against the person or property
of the donor, his wife, or children
- donee imputes to the donor any criminal offense involving
moral turpitude unless it against the donee
- donee unduly refuses to support donor when he is legally
or morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge of the fact of
ingratitude
Article 87 -husband and wife can’t donate to each other Exception: can give moderate gifts.
-also those who cohabitate with each other

Revoked by operation of law:


1. Article 43: Donations made in subsequent marriages without judicial declaration of nullity or in case of reappearance if the donee acted
with bad faith.

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2. Article 44: When both spouses acted with bad faith then all donations and testamentary dispositions shall be revoked.
3. Article 64: (Legal separation) the offending spouse will be disqualified from inheriting from innocent spouse in intestate
succession, provisions in favor of the offending spouse in the will of the innocent spouse shall be revoked by operation of law.
4. Article 81: Donations and other stipulations made in the marriage settlement by reason of marriage shall be revoked by operation of law
is marriage is not celebrated
5. Article 87: Donations between husband and wife (direct or indirect), or those who cohabit =
void a. Even if made by both spouses for a purpose other than vocational or professional.
6. Donations given to one by another when they have committed adultery or concubinage is void and revoked by operation of law.
CHILDREN:
Rights under title 12 of civil code
1. entitled to parental care
2. receive at least elementary education
3. moral and civic training
4. live in an atmosphere conducive to his physical, moral and intellectual
development duties of the child
1. obey and honor his parents or guardian
2. respect his grandparents, old relatives and those with substitute parental authority.
3. Exert his utmost for his education and training.
4. Cooperate with the family

Legitimate Illegitimate
Those conceived in the 15-day period prior to the finality of the Children born in a valid marriage but is impugned by the
decree of annulment. father
Conceived or born before a voidable marriage is terminated Children conceived or born in a void marriage
Children conceived or born in a void marriage pursuant to article 40, Cannot be legitimated: when from an adulterous
52, and 53 relationship or bigamous marriage.
Children conceived or born in a void marriage because of
psychological incapacity
*but if child was conceived and born prior to the marriage, marriage
does not make child legitimate
Children conceived and born prior to the marriage if there are no
legal impediments at that time then the subsequent marriage will
make them legitimate.
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Exception to when parents cannot administer property:


1. children and descendants of he person disinherited shall take his place and shall preserve rights of compulsory heirs with respect to legitime.
i. Article. 919: following shall be sufficient causes for disinheritance of children, descendants
1. Child or descendant has been found guilty of an attempt against the life of the testator his or her
spouse, descendants or ascendants.
2. When the child, descendant has accused the testator of a crime, which the law prescribes imprisonment for 6
years or more, if it is found to be groundless.
3. When a child or d has been convicted with adultery or concubinage with the spouse of the testator.
4. When a child or d by fraud, violence, intimidation, or undue influence causes the testator to make a will or
change one he has already made.
5. A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant
6. Maltreatment of the testator by word or deed by the child or d
7. Child or descendant leads a dishonorable or disgraceful life
8. Conviction of a crime with civil interdiction
ii. Article 920: following shall be sufficient causes for disinheritance of parents or ascendants, whether legitimate or illegitimate
1. When parents have abandoned their children, induced their daughters to live corrupt or immoral life, or
attempted against their virtue
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.

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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
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.

· Prohibited compromise: matters which cannot be negotiated nor set by


agreement: Civil status
Validity of marriage or of a legal
separation Ground for legal separation
Future support
Jurisdiction of the
courts Future legitimes

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:

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Article Contents Deadlines/prescriptions


Article 30 Marriage certificate with affidavit for marriages in Within 30 days after the performance of the
articulo mortis or remote residence marriage
Article 38 Action or defense for absolute nullity (anyone can file) Does not prescribe

Article 47 For one who obtains a marriage without prior consent - Any time between 18-21 years old by parents
*If ratified then can no longer after he reaches the age of 21 - 5 years after reaching 21 by the party.
be annulled.
Article 47 By the sane spouse without knowledge of insanity, Anytime before the death of either party.
relative, guardian, or person having legal charge
Article 47 By the insane during a lucid interval Anytime before the death of either
Article 47 Consent through fraud 5 years after having knowledge
Article 47 Consent through intimidation, force, undue influence 5 years after it ceases
Article 47 For STD and physical incapacity 5 years after the marriage
Article 50-51 Entry of judgment and decree of nullity become final 15 days from receipt of the parties of the decision
Article 57 Prescription of action for legal separation 5years from the occurrence of the cause.
Article 58 Legal separation trial (during trial they are entitled to After the laps of 6 months after the filing of the
live separately already) petition.
Article 61 After filing of complaint respondent should answer but is 15 days after receipt of summons
not in default if not answered
Article 61 Action for legal separation Terminates upon death of either spouse
Article 64 Revocation by choice of the innocent spouse of 5 years after the decree of legal separation
donations after decree of legal separation becomes final. (Unless the donation is actually void
Art. 87)
Article 182 Impugning legitimacy by those who are prejudiced 5 years from the time their cause of action accrues
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