Documente Academic
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Documente Cultură
CIVIL LAW
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Civil Personality
Citizenship and Domicile
Marriage
Void Marriages
Voidable Marriages
Legal Separation
Rights and Obligations Between Husband and Wife
Property Relations Between Spouses
The Family
Paternity and Filiation
Adoption
Support
Parental Authority
Funerals
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CIVIL LAW
I. CIVIL PERSONALITY
A. CONCEPT AND CLASSES OF PERSONS
Person - any being, natural (Art. 40, CC) or
juridical (Art. 42, CC), susceptible to legal
rights and obligations, and can be a subject of
legal relations.
Kinds of Capacity: (Art. 37, CC)
Juridical Capacity
Capacity to Act
Power to do acts
with legal effect
Acquired
and
may be lost
Subject
to
certain
restrictions
Conditional and
variable, it is
acquired
and
may be lost.
Effect of Death:
The effect of death upon the rights and
obligations of the deceased is determined by
law, by contract and by will (Art 42, par. 2).
Doubt as to the order of death:
If they are called to succeed each other,
whoever alleges the death of one prior to the
other, shall prove the same. In the absence of
proof, it is presumed that they died at the
same time, and there will be no transmission
of rights from one to the other. (Art. 43, CC)
Joaquin v. Navarro
93 Phil 257 (1953)
The rule on Art. 43 was not applied in
determining whether the mother or the son
died first. There were eyewitnesses who can
give evidence as to who died first. It is only
applied when it is impossible to determine
who died first that the presumption applies.
2. Juridical persons
Kinds of juridical persons: (Art. 44, CC)
Kinds of persons:
1. Natural persons
General Rule:
Birth determines personality (Art 40). Death
extinguishes civil personality (Art 42).
Exception:
A conceived child is considered born for all
purposes that are FAVORABLE to it, provided
it be born later (Art 40, 2nd clause) with the
following circumstances:
Governing laws:
Juridical Person
State
Political
subdivision
Public corporation
Private corporation
Partnerships
Burden of proof:
The presumption is that it was alive and the
burden of proof is on the party who alleges
the contrary.
Geluz v. CA
G.R. No. 16439 (1961)
An unborn fetus is not endowed with
personality.
Parents of an unborn fetus
cannot sue for damages on its behalf as the
fetus, having no personality, does not have
rights which it can pass on.
The family,
however, can recover moral damages.
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Governing law
Constitution
Charter
Charter
Corporation
Code,
Articles
of
Incorporation and ByLaws
Stipulations
of
the
parties
and
suppletorily by the
general provisions on
partnership
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CIVIL LAW
Effect on Marriage:
- Marriage contracted by any minor is
VOID.
Presumption of Capacity:
Standard Oil Co. v. Arenas
19 Phil 363 (1911)
To prove insanity, it has to be proven that:
(1) The monomania of wealth was habitual
and that it contributed to mental perturbation;
(2) that the act was caused by the
monomania itself; (3) that the monomania
existed at the moment he signed the surety.
Capacity to act is presumed unless previously
declared incapable by the court.
Effect on Crimes:
- 9 years and below= EXEMPT from
criminal liability. (Art. 12, RPC)
- Over 9 years and under 15 = EXEMPT,
(Art. 12, RPC)
- Unless
he
acted
with
discernment
=
Penalty
is
lowered by at least 2 degrees.
(Art. 68, RPC)
- 15 years and below 18 = MITIGATING
circumstance. (Art. 13, RPC)
Restrictions/limitations on capacity to
act: (Art. 38, 39, CC,)
2. Insanity
1.
2.
3.
4.
5.
6.
7.
8.
9.
Effect on Contracts:
- Insane persons cannot give consent to a
contract. (Art. 1327, CC)
- Contracts entered into during a lucid
interval are valid. (Art. 1328, CC)
- The incapacitated person is not obliged
to make any restitution except insofar as
he has been benefited. (Art. 1399, CC)
Minority
Insanity or imbecility
State of being deaf-mute
Prodigality
Civil interdiction
Family relations
Alienage
Absence
Married women (Art. 2259, CC)
Effect on Crimes:
- Insane persons are EXEMPT from
criminal liability unless they acted during
a lucid interval. (Art. 12, RPC)
1. Minority
RA 6809 Majority commences at the age of
18 years.
Effect on Contracts:
- Minors cannot give consent to a
contract. (Art. 1327, CC).
- The parents consent is binding on the
minor. (Shields v. Gross, 58 NY 2d 338)
- If one of the parties to a contract is a
minor, the contract is voidable. (Art.
1390, CC)
- If both parties are minors, the contract
is unenforceable. (Art. 1403, CC)
- Persons who are capable cannot allege
the incapacity of the other party. (Art.
1379, CC)
- The minor is not obliged to make
restitution except insofar as he has been
benefited. (Art. 1399, CC)
- If there is active representation by the
minors that they are of legal age, the
contract is valid. (Mercado v. Espiritu, 37
Phil. 215)
- If there is only passive representation,
the contract is not valid. The fraud must
be actual and not constructive. Mere
silence does not constitute fraud.
However, the minors must make
restitution to the extent they profited
from the money received. (Braganza v.
de Villa Abrille, 105 Phil. 456)
Effect on Marriage:
- A marriage is VOIDABLE if either party
was of unsound mind at the time of the
marriage.
- Except: When the insane person, after
coming to reason, freely cohabited with
the other.
Dumaguin v. Reynolds
10 Phil. 381 (1952)
The presumption of mental incapacity in a
person under guardianship for mental
derangement may be rebutted by evidence.
That person may enter a valid contract
provided it is proven
1. That he was not insane at the time he
entered into the contract, and
2. That his mental defect did not affect
his capacity to appreciate the meaning
and significance of the transaction.
3. State of being deaf-mute
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CIVIL LAW
8. Absence
4. Prodigality
Martinez v. Martinez
1 Phil. 182
To make a person legally unfit to run his own
affairs, his acts of prodigality must show:
1. A morbid mind, and
2. A tendency to spend or waste the
estate so as to expose the family to
want or deprive the forced heirs of
their inheritance.
5. Civil Interdiction
Civil interdiction deprives the offender during
the time of his sentence of the following
rights (PA-G-MA-MD)
1. Parental authority,
2. Guardianship as to the person or
property of any ward,
3. Marital authority,
4. Management his property
5. Disposition of his property (Art. 34,
RPC)
General Rule:
Absence of 7 years + unknown whether the
absentee still leaves = presumed dead for all
purposes.
Except:
For the purpose of opening his succession, in
which case, the absentee is presumed dead
after 10 years. If disappeared after the age
of 75 years, 5 years will be sufficient. (Art.
390, CC)
Rule:
The following are presumed dead for ALL
purposes, including the division of estate
among the heirs: (VA-A-D)
1. A person on board a vessel during a
sea voyage, or an aeroplane which is
missing, who has not been heard of for
4 years since the loss of the vessel or
aeroplane;
2. A person in the armed forces who has
taken part in war, and has been
missing for 4 years;
3. A person who has been in danger of
death under other circumstances and
existence has not been known for 4
years. (Art. 391, CC)
6. Family Relations
Effect on Crimes:
- No criminal liability if one acts in defense
of spouse, ascendants, descendants,
brothers or sisters, relatives by affinity
and consanguinity within the 4th civil
degree provided the requisites in Art. 11
and 12 of RPC are followed.
- Mitigating circumstance: If one acts in
immediate vindication of a grave offense
committed
against
his
spouse,
ascendants, or relatives by affinity
within the same degrees. (Art. 13, RPC)
Administration
and
enjoyment
of
conjugal partnership where one spouse is
absent:
-
Effect on Marriage:
- Incestuous and void Marriages
between ascendants and descendants;
between brothers and sisters, whether
full or half blood. (Art. 37, FC)
Effect on Prescription:
- Prescription does not run between
husband and wife. (Art. 1109, CC)
Effect on Property Relations:
- Husband and wife cannot sell property to
each other except:
- When separation of property
was agreed in the marriage
settlements;
- When there has been a judicial
separation of property. (Art.
1490, CC)
7. Alienage
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9. Married Women
General Rule:
A married woman may not sue or be sued
alone without joining her husband.
Except: (Rule 3, Sec. 4, ROC)
1. When they are judicially separated.
2. If they have in fact been separated for
at least 1 year;
3. When there is a separation of property
agreed
upon
in
the
marriage
settlements;
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CIVIL LAW
III. MARRIAGE
A. DEFINITION
MARRIAGE
AND
NATURE
OF
Definition of Marriage:
1. A special contract
2. of permanent union
3. between a man and a woman
4. entered into in accordance with law
5. for the establishment of conjugal and
family life.
6. It is the foundation of the family and
7. an inviolable social institution
8. whose
nature,
consequences,
and
incidents are governed by law and not
subject to stipulation,
9. except that marriage settlements may fix
the property relations during the marriage
within the limits provided by this Code.
(Art. 1, FC)
Breach of promise to marry:
Tanjanco v. CA
18 SCRA 994
Breach of promise to marry is not an
actionable wrong. The fact that the woman
agreed to have sexual intercourse for a year
does not constitute seduction but mutual
passion.
Kinds of Domicile:
Wassmer v. Velez
12 SCRA 648
1. Domicile of Origin
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CIVIL LAW
Essential
Formal
Absence
Void*
Void*
Defect
Voidable
Irregularity
No effect on
validity but
party
responsible
will be
liable.
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3. Marriages
by
Muslims
and
cultural
minorities. (Art. 33, FC)
4. Marriage by parties with who have
cohabited for at least 5 years. (Art. 34,
FC)
Ninal v Badayog
GR 133778 (2000)
There must be no legal impediment during the
entire five or more years that the parties are
living as husband and wife.
Things to do at the local civil registrar:
a) File an application of marriage license
at the proper local civil registrar. (Art.
11, FC)
b) Present birth or baptismal certificate.
(Art. 12, FC)
c) If aged 18-21 years, present parental
consent. (Art. 14, FC)
d) If aged 21-25, present parental
advice. (Art. 15, FC)
e) If aged 18-25, present certificate of
marriage counseling from your priest.
(PD 965)
f) Pay the required fees. (Art 19, FC)
g) If foreigner, present certificate of
legal capacity issued by diplomat or
consular officials. (Art. 21, FC)
c. Marriage Ceremony
There is no particular form or religious rite
required by law. (Art. 6, FC)
Minimum requirements by law:
1. The contracting parties appear personally
before the solemnizing officer
2. They declare in the presence of at least
two witnesses of legal age,
3. That they take each other as husband and
wife
4. The declaration shall be contained in the
marriage certificate,
5. Which shall be signed by the contracting
parties and their witnesses and attested
by the solemnizing officer. (Art. 6, FC)
Note: In a marriage in articulo mortis, when
one or both parties are unable to sign the
marriage certificate, it shall be sufficient for
one of the witnesses to write the name of said
party, which shall be attested by the
solemnizing officer. (Art 6, par. 2)
Places
where
marriage
celebrated (CCO): (Art. 8, FC)
may
be
General Rule:
1. Chambers of the judge or in open court;
2. Church, chapel, or temple
3. Office of the Consul-general, consul, or
vice-consul, as the case may be.
Exceptions:
1. Marriage in articulo mortis;
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CIVIL LAW
i. Judgment of annulment or
of
absolute
nullity
of
marriage;
ii. Partition and distribution of
the
properties
of
the
spouses
iii. Delivery
of
presumptive
legitimes of the children.
b. Under Art. 36
7. Psychological incapacity of any contracting
party, at the time of the celebration of the
marriage, to comply with the essential
marital obligations.
c. Under Art. 37
(Incestuous Relationships)
8. Between ascendants and descendants of
any degree, legitimate or illegitimate.
9. Between brothers and sisters, whether full
or half-blood, legitimate or illegitimate.
d. Under Art. 38
(For Reasons of Public Policy)
10. Between
collateral
blood
relatives,
legitimate or illegitimate, up to the fourth
civil degree.
11. Between step-parents and step-children.
12. Between parents-in-law and children-inlaw.
13. Between adopting parent and adopted
child.
14. Between the surviving spouse of the
adopting parent and the adopted child.
15. Between the surviving spouse of the
adopted child and the adopter.
16. Between an adopted child and a legitimate
child of the adopter.
17. Between adopted children of the same
adopter.
18. Between parties where one, with the
intention to marry the other, killed that
other person's spouse, or his or her own
spouse.
The following CAN marry each other:
1. Brother-in-law and sister-in-law
2. Stepbrother and stepsister
3. Guardian and ward
4. Adopted child and illegitimate child of
the adopted
e. Under Art. 44
Subsequent marriage contracted under Art. 41
and both parties are in bad faith.
Declaration of nullity of marriage
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Terre v. Terre
211 SCRA 6
Parties are not allowed to assume that their
marriage is void even if such is the fact. They
must file an action for declaration of nullity
under Art. 40 before they remarry.
Atienza v. Brillantes
243 SCRA 32
Art. 40 is applicable to remarriages entered
into after the effectivity of the Family Code,
regardless of the date of the first marriage.
The Family Code retroacts to the extent that it
does not impair rights.
Domingo v. CA
226 SCRA 572 (1993)
A marriage void for lack of marriage license
still needs a judicial declaration of such fact
even for a purpose OTHER than remarriage
(e.g. liquidation, partition, distribution and
separation of property between spouses,
custody and support of children, and delivery
of the latters presumptive legitime). Art. 40
not mean that JDN can only be invoked for
purposes of remarriage.
PSYCHOLOGICAL INCAPACITY
(Art. 36, FC)
Chi Ming Tsoi v. CA
266 SCRA 234 (1997)
Psychological
incapacity
involves
the
senseless, constant, and prolonged refusal to
comply with the essential marital obligations.
Procreation is one of the essential marital
obligations under the Family Code. The
prolonged refusal of a spouse to have sex with
his spouse, even though capable, is equivalent
to psychological incapacity.
Santos v. CA
G.R. 112109 (1995)
Psychological incapacity under Art. 36, FC is
not meant to comprehend all possible cases of
psychoses. It should refer, rather, to no less
than a mental (not physical) incapacity that
causes a party to be truly incognitive of the
basic marital covenants that concomitantly
must be assumed and discharged by the
parties
to
the
marriage.
Psychological
incapacity must be characterized by (a)
gravity, (b) juridical antecedence, and (c)
incurability.
Carating-Siayngco v. Siayngco
G.R. No. 158896 (2004)
Sexual infidelity, per se, does not constitute
psychological incapacity. It must be shown
that
respondents
unfaithfulness
is
a
manifestation of a disordered personality
which makes him completely unable to
discharge the essential obligations of the
marital state and not merely due to his ardent
wish to have a child of his own flesh and
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CIVIL LAW
blood.
Mere
showing
of
irreconcilable
differences and conflicting personalities does
not constitute psychological incapacity.
Republic v. Quintero-Hamano
G.R. No. 149498 (2004)
In proving psychological incapacity, there
should be no distinction between an alien
spouse and a Filipino spouse. We cannot be
lenient in the application of the rules merely
because
the
spouse
alleged
to
be
psychologically incapacitated happens to be a
foreign national. The medical and clinical rules
to determine psychological incapacity were
formulated on the basis of studies of human
behavior in general.
Republic v. Molina
268 SCRA 198 (1997),
Guidelines for the interpretation of Art. 36:
1. The burden of proof to show the nullity of
the marriage belongs to the plaintiff.
2. The root cause of the psychological
incapacity must be:
3.
4.
5.
6.
7.
8.
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CIVIL LAW
VOIDABLE
bigamous marriage
Contracted by spouse
present
upon
the
presumption of death
of first spouse
Good
faith
of
remarrying party
is immaterial; if in
bad
faith,
he
becomes liable for
bigamy
General Rule:
Marriage contracted by any person during the
subsistence of a previous marriage is VOID.
Good faith is immaterial here.
Exception:
If before the celebration of the subsequent
marriage
1. The first spouse has been absent for
four consecutive years, or two years
under extraordinary circumstances,
and
2. The surviving spouse has a wellfounded belief that the spouse is dead,
and
3. There is a judicial declaration of
presumptive death, without prejudice
to the effect of the reappearance of the
absent spouse.
Note: This is a
VOIDABLE bigamous marriage.
Exception to the exception:
When both parties in the subsequent marriage
acted in bad faith, the marriage is still void
(Art. 44, FC).
People v. Mendoza
95 Phil. 845 (1954)
Mendoza contracted three marriages. He
contracted the second marriage during the
subsistence of the first marriage. He
contracted the third marriage after the death
of his first wife. He was prosecuted for bigamy
on his third marriage. The Supreme Court
held that he is not guilty for bigamy for his
third marriage, since his prior subsisting
marriage has already been extinguished by
the death of his first wife. It is the second
marriage that is bigamous.
Morigo v. People
G.R. No. 145226 (2004)
General Rule: Even if the first marriage is
judicially declared void only after contracting
the second marriage, the second marriage is
still bigamous.
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B. EFFECTS OF NULLITY
(ChiPCuPCDRDIDS) (Arts. 50-54, 43-44)
1. Children considered illegitimate
2. Property Regime is dissolved liquidation,
partition and distribution of the properties
of the spouses. If either spouse acted in
bad faith, his/her share in the net profits
will be forfeited:
a. In favor of the common children
b. If none, in favor of the guilty
spouse by previous marriage
c. If none, in favor of the children of
the innocent spouse.
3. Custody and support of the common
children will be decided
4. Presumptive legitimes must be delivered
5. Creditors of the spouses and of the
absolute
community
or
conjugal
partnership must be notified of the
proceedings of liquidation.
6. Conjugal dwelling given to the spouse
with whom majority of the children choose
to remain.
7. Parties can remarry after compliance
with Art. 52, FC.
8. Donation propter nuptias remains valid,
(but if the donee contracted marriage in
bad faith, donations will be revoked)
9. Insurance benefits innocent spouse may
revoke designation of guilty party as
beneficiary, even if such designation is
irrevocable
10. Donations - If both parties of subsequent
marriage acted in bad faith, any donations
and testamentary dispositions made by
one party to the other by reason of
marriage will be revoked
11. Succession Rights Party in bad faith
disqualified to inherit from innocent
spouse, whether testate or intestate
Note: Except for #1, the above also effects
apply to marriages which are annulled (and to
voidable bigamous marriages.)
V. VOIDABLE MARRIAGES
A. GROUNDS (CIF-mspd-FIS) (Art. 45, FC)
1. One of the parties is 18 or above but
below 21, and there is no parental
consent.
2. Either party was of unsound mind
(insanity).
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Insanity
for
Art. 46 STD
The STD is a type of
fraud
which
is
a
ground for annulment
Must be concealed
Who can
file
(Art. 47)
1.
Underage
party
Prescription
(Art. 47)
1. 5
years
after
attaining
21.
2. Parent
or
guardian
2. Before
child
reaches
21.
1. Sane
spouse
with no
knowledge
of the
others
insanity
2. Legal
guardian
of insane
party
3. Insane
party
1. Any
time
before
the death
of insane
party
Buccat v Buccat
72 Phil. 19
It held that it is unbelievable that the wife
could have concealed the fact that she was 6
months pregnant at the time of the marriage.
Annulment not granted.
Aquino v Delizo
109 Phil. 21
The Supreme Court granted annulment
because the wife concealed the fact that she
was 4 months pregnant during the time of the
marriage. It argued that since Delizo was
Fraud
Injured
party
(defrauded party)
Force,
intimida
tion,
undue
influence
Injured
party
2. During
lucid
interval
or after
regaining
sanity,
and
before
death
Five
years
after
discovery
of fraud
Five
years
after
disappea
-rance of
force or
intimidation
Ratification
(Art. 45)
Free
cohabitation after
attaining
age of
21.
Free
cohabitation of
insane
party
after
coming
to reason
Free
cohabitation after
having
full
knowledge of
fraud
Free
cohabitation after
the force
has
ceased
or
disappered
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STD
Who can
file
(Art. 47)
Healthy
party
Prescripti
on
(Art. 47)
Five
years
after
marriage
Healthy
party
Five
years
after
marriage
CIVIL LAW
Ratificati
on
(Art. 45)
Deemed
ratified
when
action
prescribes
Deemed
ratified
when
action
prescribes
C. EFFECTS OF PENDING
ACTIONS/DECREE (Art. 49, FC)
1. The court shall provide for the support
of the spouses,
2. The custody of the common children,
giving paramount consideration to their
moral and material welfare, their
choice of parent with whom they wish
to remain.
3. The court shall also provide for
visitation rights of other parent.
No child under 7 years shall be separated
from the mother unless there is a compelling
reason to do so.
To prevent collusion between the parties,
fabrication or suppression of evidence, the
prosecuting attorney or fiscal shall appear on
behalf of the State. (Art. 48, FC)
D. VOID MARRIAGES vs.
VOIDABLE MARRIAGES
Void Marriage
Nature
Covalidatio
n
INEXISTENT
from
the
beginning
CANNOT
be
covalidated
Effect on
property
No Community
Property, only
Co-ownership
Legitimacy of
children
General
rule:
Children
are
ILLEGITIMATE
(Art. 165)
Exception:
In
void
marriages
by reason of
psychologica
l incapacity
(Art. 36) or
non-partition
of properties
in a previous
marriage
(Art.
53),
children are
considered
LEGITIMATE
.
Republic v. Bermudez-Lorino
G.R. No. 160258 (2005)
The RTC rendered a decision declaring the
presumptive death of respondents absent
spouse based on Art. 41, FC. The Republic
appealed the decision to the CA. Applying
Art. 247 FC, the SC ruled that the CA did not
have jurisdiction over the appeal because
summary proceedings are immediately final
and executory, and therefore unappealable.
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Voidable
Marriage
VALID
until
annulled
by
court
CAN
be
covalidated by
prescription or
free
cohabitation
ACP
exists
unless another
system
is
instituted
through
marriage
settlement
Children
are
LEGITIMATE if
conceived
before decree
of annulment
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Effect of
death of
parties
May
be
attacked
DIRECTLY
or
COLLATERALLY
, except for
purpose
of
remarriage
(there must be
JDN)
May still be
impugned after
death
of
parties
CIVIL LAW
Voidable
Marriage
Can only be
attacked
DIRECTLY
(there must be
annulment
decree)
Can no longer
be impugned
after death of
parties
E. JURISDICTION
Tamano v. Ortiz
291 SCRA 584 (1998)
PD No. 1083 (Code of Muslim Personal Laws
of the Philippines) does not provide for a
situation where the parties were married both
in civil and Muslim rites. Consequently, the
shari'a courts are not vested with original and
exclusive jurisdiction when it comes to
marriages celebrated under both civil and
Muslim laws. Hence, the Regional Trial Courts
have jurisdiction over such cases.
2.
3.
4.
5.
6.
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7.
Contracting
by
respondent
of
a
subsequent bigamous marriage, whether
in the Philippines of abroad.
8. Sexual infidelity or perversion.
9. Attempt on the life of petitioner by
respondent.
a. There is no need for criminal
conviction.
10. Abandonment of petitioner by respondent
without justifiable cause for more than
one year.
Gandioco v Pearanda
155 SCRA 725 (1989)
In sexual infidelity as a ground for legal
separation, there is no need for prior
conviction for concubinage, because legal
separation only requires a preponderance of
evidence, as opposed to proof beyond
reasonable doubt required in concubinage.
Lapuz v. Eufemio
43 SCRA 177
The action of the plaintiff in filing for legal
separation does not survive after her death.
Death of either spouse dissolves the marriage.
An action for legal separation is purely
personal between the spouses.
Dela Cruz. v. Dela Cruz
22 SCRA 333
Abandonment
is
not
mere
physical
abandonment but also financial and moral
desertion. There must be an intention never
to return.
B. DEFENSES
Grounds for denying
(4CMRPD) (Art. 56, FC)
legal
separation
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Reconciliation period:
Action cannot be tried before six months have
elapsed since the filing of the petition (Art. 58.
FC)
Attempts on reconciliation:
Action cannot be tried unless the court has
attempted to reconcile the spouses, and
determined
that
despite
such
efforts,
reconciliation is highly improbable (Art. 59,
FC)
Confession:
No decree of legal separation shall be based
upon a stipulation of facts or a confession of
judgment (Art. 60, par. 1. FC)
Collusion:
The court shall assign the prosecuting
attorney or fiscal to make sure that there is
no collusion between the parties, and that
evidence is not fabricated or suppressed (Art.
60, par. 2, FC)
D. EFFECTS OF FILING PETITION FOR
LEGAL SEPARATION (LAC)
1. The spouses are entitled to live separately
(Art. 61, par. 1. FC).
2. Administration of Community or Conjugal
Property If there is no written
agreement between the parties, the court
shall designate one of them or a third
person to administer the ACP or CPG. (Art.
61, par. 2, FC)
3. Custody of children The court shall give
custody of children to one of them, if there
is no written agreement between the
spouses. It shall also provide for visitation
rights of the other spouse. (Art. 62, cf.
Art. 49. FC)
E. EFFECTS OF DECREE FOR
LEGAL SEPARATION
1. The spouses can live separately (Art. 63.
FC)
2. The ACP of CPG shall be dissolved and
liquidated, and the share of the guilty
spouse shall be forfeited in favor the
common children, previous children, or
innocent spouse (Art. 63. cf. Art. 42, par.
2).
3. Custody of the minor children shall be
awarded to the innocent spouse (Art. 63.
FC)
4. Guilty spouse shall be disqualified from
inheriting from innocent spouse by
intestate succession. The provisions in
favor of the guilty party in the will of the
innocent spouse shall also be revoked by
operation of law. (Art. 63, FC)
5. Donation propter nuptias in favor of the
guilty spouse may be revoked (Art. 64.
FC)
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6. Innocent
spouse
may
also
revoke
designation of guilty spouse as beneficiary
in an insurance policy, even if such
stipulations are irrevocable (Art. 64. FC).
7. Obligation for mutual support ceases, but
the court may order the guilty spouse to
support the innocent spouse. (Art. 198,
FC)
8. The wife shall continue to use the surname
of the husband even after the decree for
legal separation. (Art. 372, CC)
F. RECONCILIATION
How done:
Should the spouses reconcile, they should file
a corresponding joint manifestation under
oath of such reconciliation. (Art. 65, FC)
Effects of Reconciliation:
1. Proceedings for legal separation shall
be terminated at whatever stage. (Art.
66, FC)
2. If there is a final decree of legal
separation, it shall be set aside. (Art.
66, FC)
3. The separation of property and
forfeiture of share of guilty spouse
shall subsist, unless the spouses agree
to revive their former property regime
or to institute another property regime.
( Art. 66 cf. Art. 67, FC)
4. Joint custody of children is restored.
5. The right to intestate succession by
guilty spouse from innocent spouse is
restored.
6. The right to testamentary succession
depends on the will of the innocent
spouse.
G. DIVORCE
General Rule:
Decrees of absolute divorce obtained by
Filipinos abroad have no validity and are not
recognized in the Phil. dfd
Exception
(partial recognition of absolute divorce):
- When the divorce is validly obtained by
the alien spouses abroad which
capacitates him/her to remarry, the
Filipino spouse shall likewise have the
capacity to remarry. (Art. 26, par. 2
FC)
Twin elements for the application of par.
2, Art. 26, FC:
1. There is a valid marriage that has been
celebrated between a Filipino citizen
and a foreigner; and
2. A valid divorce is obtained abroad by
the alien spouse capacitating him or
her to remarry.
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CIVIL LAW
Republic v. Orbecido
G.R. No. 154380 (2005)
Given a valid marriage between 2 Filipino
citizens, where one party is later naturalized
as a foreign citizen and obtains a valid divorce
decree capacitating him or her to remarry, the
Filipino spouse remarry under Philippine law.
The RECKONING POINT is not the citizenship
of the parties at the time of the celebration of
the marriage, but their citizenship at the time
a valid divorce is obtained abroad by the alien
spouse capacitating the latter to remarry.
A. OBLIGATION OF SPOUSES
(Arts. 68-71, FC)
3. Mistresses:
Live together
Observe mutual love, respect, and fidelity
Render mutual help and support
Fix the family domicile.
a. In case of disagreement, the court
shall decide.
5. Jointly support the family.
6. Manage the household.
Legamia v IAC
G.R. No. 63817 (1984)
The Supreme Court allowed the mistress to
use her live-in partners name, since everyone
already knew that she was a mistress, so as
to avoid confusion.
Tolentino v. CA
G.R. No. 41427 (1988)
A divorced woman may continue using the
surname of her former husband. Philippine
laws are silent in this issue. Moreover, there
is no usurpation as she never represented
herself as Mrs. Arturo Tolentino after the
divorce, but simply as Mrs. Consuela DavidTolentino.
1.
2.
3.
4.
4. Divorcees
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CIVIL LAW
DONATIONS
PROPTER NUPTIAS
Does not require
express acceptance
May be made by
minors (Art. 78)
May include future
property
If present property is
donated and property
is not absolute
community, limited
to 1/5
Grounds for
revocation - In Art.
86
ORDINARY
DONATIONS
Express
acceptance
necessary
Cannot be made
by minors
Cannot include
future property
No limit to
donation of
present property
provided
legitimes are not
impaired
Grounds for
revocation - in
donation laws
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CIVIL LAW
RULES:
1. Before Marriage
General Rule:
Future spouses cannot donate to each other
more than 1/5 of their present property
(excess shall be considered void) (Art. 84, FC)
Exception:
If they are governed by ACP.
2. During Marriage
General Rule:
Spouses cannot donate to each other, directly
or indirectly (donations made by spouses to
each other during the marriage are void) (Art.
87, FC)
Exception:
Moderate gifts on the occasion of any family
rejoicing.
Grounds for Revocation of
Propter Nuptias (Art. 86, FC)
Donation
for
revocation
of
Matabuena v Cervantes
38 SCRA 284 (1971)
The donation between common-law spouses
falls within the provision prohibiting donations
between spouses during marriage.
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5. DISSOLUTION OF ACP
ACP terminates upon: (Art. 99, FC)
1. Death of either spouse follow rules in
Art. 103
2. Legal Separation follow rules in Arts. 63
and 64
3. Annulment or judicial declaration of nullity
follow rules in Arts. 50 to 52
4. Judicial separation of property during
marriage follow rules in Arts. 134 to 138
Rules on De Facto Separation:
(ART. 100, FC):
De facto separation does not affect the ACP.
EXCEPT that:
1. Spouse who leaves the conjugal home
without just cause shall not be entitled
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2.
3.
4.
5.
6.
CIVIL LAW
UP
Onas v. Javillo
59 Phil. 733 (1934)
Javillo contracted 2 marriages. SC ruled that
each
absolute
community
should
be
considered owner of the parcels of land
acquired during its existence.
Death
discontinues ACP.
Vda. De Delizo v. Delizo
G.R. No 32820 (1976)
In case of doubt as to which community the
existing properties belong, the same shall be
divided between the different communities in
proportion to the capital and duration of each.
D. CONJUGAL PARTNERSHIP OF GAINS
WHERE IT APPLIES:
1. For marriages before the implementation
of the Family Code.
2. For marriages after the Family Code, if
agreed to by the parties through a
marriage settlement.
HUSBAND AND WIFE PLACE IN COMMON
FUND:
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CIVIL LAW
EXCLUSIVE
SPOUSES:
PROPERTIES
OF
THE
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CIVIL LAW
1.
Property
acquired
before
marriage
.
2.
Property
acquired
during
marriage
3. Upon
dissolution of
marriage
4. Basis
5.
Liquidation
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CPG
Each
spouse
retains
his/her
property;
only fruits
part
of
conjugal
property
ACP
Properties
become part
community
property
Part
of
conjugal
property
Becomes conjugal
property.
CPG
Separate
properties
are
returned;
net profits
divided
equally
between
spouses or
heirs.
Capital and
properties
of spouses
kept
separate
and
distinct
from
benefits;
insurmoun
table
obstacle to
presumption of
solidarity
Exclusive
properties
will have
to be
identified
and
returned,
and
sometimes
, identifycation is
difficult.
ACP
Net remainder of
ACP divided
equally between
spouses or heirs.
of
E. SEPARATION OF PROPERTIES
DURING MARRIAGE
In the absence of an express declaration in
the marriage settlements, the separation of
property between the spouses during the
marriage shall not take place except by
judicial order. (Art. 134)
Judicial separation of property may either be
voluntary or for sufficient cause.
SUFFICIENT
CAUSES
FOR
JUDICIAL
SEPARATION OF PROPERTIES (CALASA)
(ART. 135):
Easier to liquidate
because net
remainder of
community
properties are
simply divided
between spouses
or heirs.
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1.When
the
civil
interdiction
terminates.
2.When
the
absentee
spouse
reappears.
3.When the court, being satisfied that the
spouse
granted
the
power
of
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CIVIL LAW
not Art.
olygamous
37
marriage
(incestuo
(Art.35(4))
us
void 6. incestuous
marriage)
marriages
not Art.
under
38 (void
Art.37
marriage
7. Void
by reason
marriages
of public
by reason of
policy)
public policy
not
under
bigamous
Art.38
4. other void
marriages
due
to
absence of
formal
requisite
Salaries
and
wages
Art.147
Properties
acquired
through
exclusive
funds
Properties
acquired
by
both
through
work or
industry
F. PROPERTY REGIME OF
UNIONS WITHOUT MARRIAGE
Applicability
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Art.148
1. man
and
woman
2. living
together as
husband
and wife
3. NOT
capacitated
to
marry
(Art.35(1)
under
18
years old)
4. adulterous
relationship
(e.g.
concubinage
)
5. bigamous/p
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Separately
owned
parties
by
Art.148
Remains
exclusive
provided
there is proof
Remains
exclusive
Governed by
rules on coownership
Owned
in
common
in
proportion
to
respective
contribution
Art.147
1. man
and
woman
2. living
together
as
husband
and wife
3. with
capacity to
marry
(Art.5
without
any
legal
impedimen
t)
at
least
18 years
old
Owned
in
equal shares
Properties
acquired
while
living
together
Forfeiture
2008
Owned in
equal
shares
since it is
presumed
to
have
been
acquired
through
joint
efforts
if
one
party did
not
participate
in
acquisitio
n,
presumed
to
have
contribute
d through
care and
maintenan
ce
of
family and
household
When
only
one of the
No
presumption of
joint
acquisition.
When there is
evidence
of
joint
acquisition but
none as to the
extent of actual
contribution,
there
is
a
presumption of
equal sharing
If one party is
validly married
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CIVIL LAW
to another:
- his/her share
in
the
coowned
properties will
accrue to the
ACP/CPG
of
his/her existing
valid marriage
If the party
who acted in
bad faith is not
validly married
to
another,
his/her
share
shall
be
forfeited in the
same manner
as
that
provided in Art
147
The same rules
on
forfeiture
shall apply if
both
parties
are in bad faith
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and
CIVIL LAW
who
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General Rule:
Only the husband can impugn the legitimacy
of a child
Exceptions:
The heirs of the husband may impugn the
childs filiation in the following cases:
a. If the husband dies before the
expiration of period for filing the action
b. If the husband dies after filing without
desisting
If the child was born after the death of the
husband
When to impugn the legitimacy of a child:
1. Within 1 year from knowledge of the
birth or its recording in the civil register, if
the impugner resides in the city or
municipality where the birth took place or
was recorded;
2. Within 2 years from knowledge of the
birth or its recording in the civil register, if
the impugner resides in the Philippines
other than in the city or municipality
where the birth took place or was
recorded;
3. Within 3 years from knowledge of the
birth or its recording in the civil register, if
the impugner resides abroad
NOTE: Legitimacy cannot be collaterally
attacked. It can only be impugned in a direct
action.
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Termination
of 1st Celebration
marriage
of 2nd
marriage
180 days
after
celebration
of 2nd
marriage
Child of
the 1st
marriage
2008
300 days
after
termination
of 1st
marriage
Child of
the 2nd
marriage
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CIVIL LAW
Cabatania v.CA
G.R. No. 124814 (2004)
A certificate of live birth purportedly
identifying the putative father is not
competent evidence of paternity when there is
no showing that the putative father had a
hand in the preparation of said certificate. The
local civil registrar has no authority to record
the paternity of an illegitimate child on the
information of a third person.
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Continuous
means
uninterrupted
and
consistent, but does not require any particular
length of time.
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To receive support
from their parents,
their ascendants,
and
in
proper
cases,
their
brothers
and
sisters,
in
conformity
with
the provisions of
this
Code
on
Support
Entitled
to
the
legitime and other
successional rights
granted to them
by the New Civil
Code
ILLEGITIMATE
To bear the surname
of their mother [may
also use the surname
of the father if their
filiation
has
been
expressly recognized
by the father (R.A.
9255)]
To receive support in
conformity with the
Family Code
XI. ADOPTION
LEGITIMATION
The law merely
makes
legal
what exists by
nature
Persons
affected
Only
natural
children
D. LEGITIMATED CHILDREN
Procedure
Extrajudicial
acts of parents
Who
applies
Only by
parents
Effect
Same
status
and rights as a
legitimated
child not only
in relation to
the legitimizing
parents
but
also to other
relatives
both
ADOPTION
The
law
merely
creates by
fiction
a
relation
which
did
not in fact
exist
Generally
applies
to
strangers
Always by
judicial
decree
By
one
parent
alone
Creates
a
rel.
only
between
the
child
and
the
adopting
parent
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CIVIL LAW
PRE-ADOPTION SERVICES:
A. Filipino Citizens
1. Of legal age
2. In possession of full civil capacity and legal
rights
3. Of good moral character
4. Has not been convicted of any crime
involving moral turpitude
5. Emotionally and psychologically capable of
caring for children
6. At least sixteen (16) years older than
adoptee, except when adopter is biological
parent of the adoptee or is the spouse of
the adoptees parent
7. In a position to support and care for
his/her children in keeping with the means
of the family
B. Aliens
1. Possession
of
the
same
as
the
qualifications for Filipinos
2. His/her country has diplomatic relations
with the Philippines
3. Has been living continuously for 3 years
(provided that absences not exceeding 60
days per 1 year for professional, business,
or emergency reasons are allowed) in RP
prior to filing of decree is entered except
this may be waived under the following:
(i) A former Filipino Citizen who seeks to
adopt a relative within the 4th degree
of consanguinity or affinity
(ii) One who seeks to adopt the legitimate
or illegitimate child of his/her Filipino
spouse
(iii)One who is married to a Filipino Citizen
and seeks to adopt jointly with his/her
spouse a relative within the 4th degree
of consanguinity or affinity of the
Filipino spouse
4. Has been certified by his/her diplomatic or
consular
office
or
any
appropriate
government agency that he/she has the
legal capacity to adopt in his/her country
5. His/her government allows the adoptee to
enter his/her country as his/her adoptee
6. Has submitted all the necessary clearances
and such certifications as may be required
C. Guardians
With respect to theirs ward after the
termination of the guardianship and
clearance of his/her accountabilities
Husband and wife shall adopt jointly
except:
a. if one spouse seeks to adopt the
legitimate child of the other
b. if one of the spouse seeks to adopt
his/her illegitimate child provided that
other spouse has signified his/her
consent
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CIVIL LAW
RESCISSION OF ADOPTION:
Adoption, being in the best interest of the
child, shall not be subject to rescission by the
adopter(s).
Adopted may request for rescission based on
the ff grounds:
1. repeated
physical
and
verbal
maltreatment
2. attempt on life of adoptee
3. sexual assault or violence
4. abandonment and failure to comply
with parental obligations
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TRIAL CUSTODY:
XII. SUPPORT
SUPPORT
consists
of
everything
indispensable
for
sustenance,
dwelling,
clothing, medical attendance, education and
transportation, in keeping with the financial
capacity of the family.
KINDS OF SUPPORT:
1. Legal that which is required to be given
by law
2. Judicial that which is required to be
given by court order whether pendent elite
or in a final judgment
3. Voluntary or Conventional by
agreement
CHARACTERISTICS OF SUPPORT
(PREVIW):
1. Personal
2. Intransmissible
3. Not subject to waiver or compensation
with regard to future support
4. Exempt from attachment or execution
5. Reciprocal on the part of those who are by
law bound to support each other
6. Variable
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CIVIL LAW
minor are subsidiarily liable for said
acts and omissions of the minor.
UP
Substitute
Parental
Authority
It
is
exercised in
case
of
death,
absence, or
in case of
unsuitability
of parents.
It is exercised concurrently
with the parental authority
of the parents and rests on
the theory that while the
child is in the custody of the
person exercising special
parental
authority,
the
parents
temporarily
relinquish parental authority
over the child to the latter.
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[ART.4, PD603]
strive to live an upright and virtuous
life
love, obey, respect his parents and
cooperate with them in strengthening
the family
extend his love to his brothers and
sisters
exert his utmost to develop his
potentials
XIV. FUNERALS
GENERAL GUIDELINES:
1. Duty and right to make arrangement in
funerals in accordance with Art. 199 of FC:
a. Spouse
b. Descendants in nearest degree
c. Ascendants in nearest degree
d. Brothers and sisters
2. The funeral shall be in keeping with the
social position of the deceased
3. The funeral shall be in accordance with the
expressed wishes of the deceased
a. in the absence of expressed wishes,
his religious beliefs or affiliation
shall determine
b. in case of doubt, the persons in Art.
199 of FC shall decide
4. Any person who disrespects the dead or
allows the same shall be liable for
damages
***
DUTIES OF CHILDREN:
[ART.357, NCC]
obey and honor his parents or guardian
respect old relatives and persons
holding substitute parental authority
exert his utmost for his education and
training
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