Persons and Family Realtions Syllabus

Persons and Family Relations
Outline 2005
Updated By: Francesca Limbo 2006C
Page1
PERSONS
(Based on Republic Act 386, aka The Civil Code of the Philippines)
I. CONCEPT OF CIVIL CAPACITY
Civil capacity is composed of 2 elements:
Juridical Capacity is the fitness of being the subject of legal relations (Art. 37), INHERENT in
every natural person and lost only through death.
Capacity to Act, the power to do acts, may be acquired and may be lost.
Restrictions on Capacity to Act (Art. 38), but does not exempt the person from certain obligations,
arising from his acts or property relations:
Minority
Insanity/Imbecility
Deaf Mute
Prodigality
Civil Interdiction
Modifications/Limitations on Capacity To Act (Art. 39):
Age
Insanity
Deaf Mute
Penalty
Prodigality
Family Relations
Alienage
Absence
Insolvency
Trusteeship
II. NATURAL PERSONS
In natural persons (human beings), BIRTH determines Personality (Art. 40).
A conceived child is considered born for all purposes favorable to it, provided it be BORN LATER
with the conditions specified in Art. 41:
1.
2.
General Rule: Foetus is considered born if it is ALIVE at the time it is COMPLETELY

DELIVERED from the maternal womb
Intra-Uterine Life < 7 months: foetus must survive the initial 24 hrs. from the time of
complete delivery
DEATH extinguishes civil capacity:
When a person dies, his personality is deemed to continue in his estate (mass of property,
rights and assets left behind) - - - Billings Vs. State of Indiana
Effect of death on his rights and obligations are determined by LAW, CONTRACT & WILL.
Who died first? Query, when two or more are called to succeed each other (Art. 43):
The one who alleges the death of another must prove the same
No Proof? - - - presume that the deaths were SIMULTANEOUS, thus there would be no
transmission of rights
Barely Legal 9.05

Special Thanks to: Ms. Golda Benjamin (Civ Head, 2004)
UP BarOps 2005

Outline 2005
Page2
III. JURIDICAL PERSONS

What are juridical persons? (Art. 44)
State/ Political subdivisions

Public corporations, institutions and entities
Private corporations, partnerships and associations
Which laws govern these persons? (Art. 45)
State, Political subdivisions and Public corporations, institutions and entities - - enabling laws
(charters, etc.)
Private corporations, partnerships and associations - - general law applicable (e.g. Corporation
Code)
Extent of Capacity (Art. 46)

-
Quite limited, cant exercise rights that pre-suppose physical existence (e.g. making of wills)
Examples of what these entities can do:
1.
2.
3.
Acquire, own, administer, encumber and dispose property

Incur obligations
Right to sue (criminal/civil)
Juridical Persons lose their capacity if dissolved/existence is terminated.

-
Succession rules governed partly by Art. 47, as to public entities:

1.
2.
Look at enabling law, charter

If none, apply properties to similar purpose for the benefit of the LGU, where the said entity
derived benefits.
FAMILY RELATIONS
(Based on Executive Order 209, aka The Family Code of the Philippines)
a. MARRIAGE
B. DEFINITION
Marriage is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life.
C. REQUISITES
ESSENTIAL REQUISITES: LC
1) Legal capacity of the contracting parties- must be a male and a female.
2) Consent freely given in the presence of the solemnizing officer.
a. Legal capacity; Male and female
Parties must be at least 18 yrs. of age
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page3
Not barred by any legal impediment such as an existing relationship or a subsisting prior
marriage or those mentioned in Art. 35 38 of the FC.
Parties must be of different sexes.
b. Consent freely given

A marriage may be annulled if the consent of either party was obtained by fraud, unless such
party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the
other as husband and wife.
FORMAL REQUISITES: ALM
1) Authority of the solemnizing officer;
2) A valid marriage License
3) A Marriage ceremony, with the appearance of the contracting parties before the solemnizing
officer and their personal declaration that they take each other as husband and wife in the
presence of not less than two witnesses of legal age.
Exceptions when Marriage License not required: DR. MEL
1)
In case either or both of the contracting parties are at the point of Death. (marriages in
articulo mortis)
2)
If the Residence of either party is so located that there is no means of transportation to
enable such party to appear personally before the local civil registrar. (inaccessible places)
3)
Marriages among Muslims or among members of the Ethnic cultural communities,
provided they are solemnized in accordance with their customs, rites or practices.
4)
Marriage of a man and a woman who have Lived together as husband and wife for at
least 5 years and without any legal impediment to marry each other.
a.
1)
2)
3)
Who may solemnize marriages: JC , PRIM, SAM

Any incumbent member of the Judiciary within the court's jurisdiction;
Any Consul-general, consul or vice-consul only for marriages between Filipino citizens abroad.
Any Priest, Rabbi, Imam, or Minister of any church or religious sect duly authorized by his church
or religious sect and registered with the civil registrar general, acting within the limits of the
written authority granted by his church or religious sect and provided that at least one of the
contracting parties belongs to the solemnizing officer's church or religious sect;
4) Any Ship captain or Airplane chief only for a marriage in articulo mortis between passengers or
crew members;
5) Any Military commander of a unit to which a chaplain is assigned, in the absence of the latter,
during a military operation, only for marriages in articulo mortis between persons within the zone
of military operation, whether members of the armed forces or civilians.
* Marriages solemnized by any person not legally authorized to perform marriages are void unless such
marriages were contracted with either or both parties believing in good faith that the solemnizing
officer had the legal authority to do so;
b. Marriage license
Who may issue marriage license:
the local civil registrar of the city or municipality where either contracting party habitually resides.
* The license shall be valid in any part of the Philippines for a period of 120 days from the date of
issue, and shall be deemed automatically cancelled at the expiration of the said period.
When either of the parties have been previously married:
instead of the birth or baptismal certificate, applicant shall be required to furnish either of the ff.:
DADA
1) Death certificate of the deceased spouse
2) Judicial decree of Annulment or declaration of nullity
3) Judicial decree of absolute Divorce
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page4
4) in case the death certificate cannot be secured, an Affidavit executed by the applicant as to the
facts of the death of his or her spouse.
When either or both parties are between 18-21 years old: in addition to the essential and
formal requirements, they must exhibit the consent of either of the ff., in the order mentioned: FMSP
1) Father
2) Mother
3) Surviving parent or guardian
4) Persons having legal charge of them
In case parental consent was not obtained, the marriage is voidable.
When any of the contracting parties is between 21-25 years old: shall be obliged to ask their
parents or guardian for advice upon the intended marriage.
If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued
till after 3 months following the completion of the publication of the application.
When either or both parties are foreign citizens: before a marriage license can be obtained, they
must submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic
or consular officials.
For Stateless persons or refugees: shall submit an affidavit stating the circumstances showing
such capacity to contract marriage.
c.
II.
Ceremony
Contracting parties must appear personally before the solemnizing officer. Marriage by proxy
is not legally possible in this jurisdiction. They must declare that they take each other as
husband and wife.
There must not be less than two witnesses of legal age.
There is no prescribed form of religious rite or solemnization required.
In case of marriage in articulo mortis, where the party near death is unable to sign the
marriage certificate, it would be sufficient for one of the witnesses to sign the name of the said
party and such a fact shall be attested to by the solemnizing officer.
VOID AND VOIDABLE MARRIAGES
A. VOID MARRIAGES
1. GROUNDS: ABS LB SIP PS
a.
b.
c.
d.
e.
Absence of any of the essential or formal requisites.

Those contracted by any party Below 18 even with the consent of parents or guardians.
Those Solemnized by any person not legally authorized to perform marriages unless contracted
with either or both parties believing in good faith that the solemnizing officer had the legal
authority to do so.
Those solemnized without License, (but take note of exceptions)
Those Bigamous or polygamous marriages.
exceptions:
1. Absent spouse (Article 41)
2. Those contracted through mistake of one contracting party as to the identity of the other
(Article 35)
3. Mistake must be regards physical identity not as to rank, fortune, character or health
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page5
f.
g.
h.
i.
j.
A Subsequent marriage, entered without obtaining final judgment declaring the nullity of the
previous marriage
Incestuous marriages
between ascendants and descendants of any degree
between brothers and sisters, whether of the full or half blood
Void marriages by reason of Public policy
between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil
degree
between step-parents and step-children
between parents-in-law and children-in-law
between the adopting parent and the adopted child
between the surviving spouse of the adopting parent and the adopted child
between the surviving spouse of the adopted child and the adopter
between an adopted child and a legitimate child of the adopter
between adopted children of the same adopter
between parties where one, with the intention to marry the other, killed that other person's
spouse, or his or her own spouse
Psychological incapacity (Article 36)
Subsequent marriage where the judgment of annulment or of absolute nullity of marriage, the
partition and distribution of the properties of the spouses and the delivery of the children's
presumptive legitimes has not been recorded in the appropriate civil registry and registries of
property.
General characteristics of Psychological Incapacity: GIA
Gravity person cannot carry out normal duties of marriage shouldered by average couples
under ordinary circumstances
Incurability treatment required exceed ordinary means
Antecedence roots of trouble can be traced before marriage although manifestations appear
only after; and
B. VOIDABLE MARRIAGES
1. GROUNDS FOR ANNULMENT: WUF CIS
1) One of the parties was between the ages of 18 21 and the marriage was solemnized Without the
consent of the parents, guardian or person having substitute parental authority over the party, in
that order.
2) Either party was of Unsound mind
3) Consent of either party was obtained by Fraud
4) Consent of either party was obtained by force, intimidation or undue influence
5) Either party was physically Incapable of consummating the marriage with the other, and such
incapacity continues and appears to be incurable
6) Either party was afflicted with a Sexually-transmissible disease found to be serious and appears to
be incurable
CASES OF FRAUD TO JUSTIFY ANNULMENT: CPSA
1) Non-disclosure of a previous Conviction by final judgment of a crime involving moral turpitude
2) Concealment by the wife of the fact that at the time of the marriage, she was Pregnant by a man
other than her husband
3) Concealment of Sexually transmissible disease, regardless of its nature, existing at the time of the
marriage
4) Concealment of drug Addiction, habitual alcoholism or homosexuality or lesbianism existing at the
time of the marriage
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page6
Doctrine of triennial cohabitation if the wife remains a virgin after 3 yrs. of cohabitation, the
husband is presumed impotent and he will have the burden to overcome presumption
If sexually transmitted disease was concealed it need not be serious because it constitutes fraud
2. WHEN ONE SPOUSE IS ABSENT

VOIDABLE BIGAMOUS MARRIAGE: marriage contracted by any person during subsistence of a
previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the
prior spouse had been absent for 4 consecutive years and the spouse present has a well-founded
belief that the absent spouse was already dead.
SPECIAL CASE: where there is danger of death under the circumstances in Article 391, an absence of
only two years shall be sufficient.
WHEN MARRIAGE MAY BE ANNULLED: if the former spouse believed to be dead was in fact living
and the marriage with such former spouse was then in force.
WHO MAY BRING ACTION FOR ANNULMENT: the spouse who has been absent during his/her
lifetime or by either spouse of the subsequent marriage during the lifetime of the other.
WHEN SUBSEQUENT MARRIAGE AUTOMATICALLY TERMINATED: By the recording of the affidavit
of reappearance of the absent spouse.
UNLESS: there is a judgment annulling the previous marriage or declaring it void ab initio.
EFFECTS OF TERMINATION OF SUBSEQUENT MARRIAGE: CD GRD
1) Children of the subsequent marriage prior to its termination are legitimate and their custody and
support shall be decided in the proper proceeding
2) ACP or CPG is Dissolved and liquidated.
3) Guilty spouse is disqualified to inherit from the innocent spouse
4) Innocent spouse may Revoke the designation of the other spouse who acted in bad faith as
beneficiary in any insurance policy, even if irrevocable
5) Donation propter nuptias shall remain valid, except that if the donee contracted the marriage in
bad faith, such donations made to said donee are revoked by operation of law
WHEN MARRIAGE VOID AB INITIO: If both spouses of the subsequent marriage acted in bad faith.
3. EFFECTS OF NULLITY OR ANNULMENT OF MARRIAGE: DD BF CR
1) ACP or CPG is Dissolved and liquidated. If either spouse acted in bad faith, he/she shall forfeit
share of net profits in favor of common children, if none, children of guilty spouse, in default of
children, innocent spouse (Art. 43)
2) Donation propter nuptias shall remain valid, except that if the donee contracted the marriage in
bad faith, such donations made to said donee are revoked by operation of law (Art. 43)
3) If Both spouses of the subsequent marriage acted in bad faith, all donations by reason of marriage
and testamentary dispositions made by one in favor of the other are revoked by operation of law.
(Art. 44)
4) The Final judgment shall provide for the liquidation, partition and distribution of the properties of
the spouses, the custody and support of the common children, and the delivery of 3rd presumptive
legitimes.
UNLESS: such matters had been adjudicated in previous judicial proceedings.
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page7
5) The Conjugal dwelling and the lot on which it is situated, shall be adjudicated taking into
consideration:
House shall be given to spouse with whom majority of common children choose to remain.
In case of no majority, the court shall decide, taking into account the best interests of the children.
6) Innocent spouse may Revoke the designation of the other spouse who acted in bad faith as
beneficiary in any insurance policy, even if irrevocable (Art. 43)
EFFECT OF PARTITION:
the value of the presumptive legitimes of all common children, computed as of the
date of the final judgment of the trial court, shall be delivered in cash, property or
sound securities.
UNLESS: the parties, by mutual agreement judicially approved, had already provided
for such matters.
RECORDING REQUIREMENT: The judgment of annulment or of absolute nullity of the marriage, the
partition and distribution of the properties of the spouses and the delivery of the children's
presumptive legitimes shall be recorded in the appropriate civil registry and registries of property,
OTHERWISE, the same shall not affect third persons.
WHO ARE LEGITIMATE CHILDREN OF VOID MARRIAGES:
Children conceived or born before the judgment of annulment or absolute nullity of the
marriage under Article 36 has become final and executory.
Children conceived or born of the subsequent marriage under Article 53 shall likewise be
legitimate.
III.
LEGAL SEPARATION
A. GROUNDS: SVC CLF BALD

1) Sexual infidelity or perversion
2) Repeated physical Violence or grossly abusive conduct directed against the petitioner, a common
child, or a child of the petitioner
3) Physical violence or moral pressure to compel the petitioner to Change religious or political
affiliation
4) Attempt of respondent to Corrupt or induce the petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance in such corruption or inducement
5) Lesbianism or homosexuality of the respondent
6) Final judgment sentencing the respondent to imprisonment of more than six years, even if
pardoned
7) Contracting by the respondent of a subsequent Bigamous marriage, whether in the Philippines or
abroad
8) Abandonment of petitioner by respondent without justifiable cause for more than one year
9) Attempt by the respondent against the Life of the petitioner
10) Drug addiction or habitual alcoholism of the respondent
B. DEFENSES /GROUNDS TO DENY PETITION: CCC BP
1) Where the aggrieved party has Condoned the offense or act complained of
2) Where the aggrieved party has Consented to the commission of the offense or act complained of
3) Where there is Connivance between the parties in the commission of the offense or act
constituting the ground for legal separation
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page8
4) Where there is Collusion between the parties to obtain decree of legal separation
5) Where Both parties have given ground for legal separation (RECRIMINATION)
6) Where the action is barred by Prescription
C. WHEN TO TRY/FILE ACTION: Within 5 years from time of occurrence of the cause, but not before
6 months from filing of the petition
D. EFFECTS OF FILING PETITION
The spouses shall be entitled to live separately from each other.

In the absence of a written agreement between the spouses, the court shall designate
either of the spouses or a 3rd person to administer the absolute community or conjugal
partnership property.
E. EFFECTS OF DECREE: LD CD
1) The spouses shall be entitled to Live separately from each other, but the marriage bonds shall not
be severed
2) ACP or CPG shall be Dissolved and liquidated
BUT the offending spouse shall have no right to any share of the net profits earned by the
absolute community or the conjugal partnership, which shall be forfeited in accordance with the
provisions of Article 43(2).
3) The Custody of the minor children shall be awarded to the innocent spouse, subject to the
provisions of Article 213.
4) The offending spouse shall be Disqualified from inheriting from the innocent spouse by intestate
succession. Provisions in favor of the offending spouse made in the will of the innocent spouse
shall be revoked by operation of law.
Parties cannot get married again.
Even if the offending spouse fails to revoke a will in favor of the guilty spouse, the will be ipso jure
revoked. If, however, the offended spouse executes another will after the decree of legal
separation, it will be valid.
The conviction of a spouse for adultery or concubinage does not disqualify the guilty spouse to
inherit. There must be a decree of legal separation.
F.
RECONCILIATION
REQUIREMENT: If the spouses should reconcile, a corresponding joint manifestation under oath
duly signed by them shall be filed with the court in the same proceeding for legal separation.
EFFECTS OF RECONCILIATION:
The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage
1) The final decree of legal separation shall be set aside, but the separation of property and any
forfeiture of the share of the guilty spouse already effected shall subsist.
UNLESS: the spouses agree to revive their former property regime.
G. FOREIGN DIVORCES: Laws relating to family rights and duties, or to status, condition and legal
capacity of persons are binding upon citizens of the Philippines even though living abroad.
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page9
H. DE FACTO SEPARATION: separation in fact between husband and wife (separation from Bed and
Board)
EFFECTS:
Shall not affect the regime of absolute community.
EXCEPT THAT:
1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not
have the right to be supported (but the erring spouse cant be compelled to co-habit with the jilted
spouse)
2) When the consent of one spouse to any transaction of the other is required by law, judicial
authorization shall be obtained in a summary proceeding
3) In the absence of sufficient community 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.
V.
PROPERTY RELATIONS BETWEEN SPOUSES
A. GENERAL PROVISIONS
WHAT GOVERNS PROPERTY RELATIONS IN MARRIAGE: SPC
The property relations between husband and wife shall be governed in the following order:
By marriage Settlements executed before the marriage;
By the Provisions of the Family Code
By the local Custom.
If the spouses expressly reject the regime of ACP in the marriage settlement but do not state the
property regime that will govern, the following shall govern (in the order enumerated):
local customs
intention of the parties should be sought, as indicated by their conduct during marriage
(contemporaneous and subsequent acts)
rules of co-ownership under Art. 147 (Property Regimes of Unions Without Marriage)
whatever the Court deems appropriate, equitable
If there is no marriage settlement, the default property regime is ABSOLUTE COMMUNITY OF

PROPERTY.
exception: where there is dissolution of 1st marriage through death of spouse and the conjugal
partnership is not yet liquidated, the property regime in the 2 nd marriage must be complete
separation of property
GENERAL RULE: whatever property regime the spouses adopt is unchangeable and cannot be altered
once the marriage has been celebrated.
EXCEPTIONS:
1. Articles 66 and 67: (upon reconciliation ending legal separation) the regime of separation will
continue, unless the parties agree to revive the ACP
2. Article 128: the aggrieved spouse may petition the court for judicial separation of property or
be appointed as sole administrator in view of abandonment by the other or failure to comply
with obligations pertaining to marital, parental or property relations.
3. Article 135: grounds for judicial separation of property
civil interdiction
absentee spouse
loss of parental authority
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page10
4.
failure to comply with obligations to the family

abuse of power of administration
separation in fact for one year wherein reconciliation is highly improbable
Article 136: spouses can jointly file a petition for voluntary dissolution of property regime
embodied in their marriage settlement
Property regime immutable during marriage, even after a change in citizenship.
GENERAL RULE: the property relations of the spouses shall be governed by Philippine laws,
regardless of the place of the celebration of the marriage and their residence.
EXCEPTION: when there is a contrary stipulation in the marriage settlement.
WHEN 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;
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.
A marriage settlement is an accessory contract dependent on the existence of the marriage.
B. DONATION PROPTER NUPTIAS

1. REQUISITES FOR DONATION
Donations by reason of marriage are those which are made before its celebration, in consideration
of the same, and in favor of one or both of the future spouses.
REQUISITES:
made before the celebration of the marriage
made in consideration of the marriage
made in favor of one or both of the future spouses
DONATIONS EXCLUDED:
ordinary wedding gifts given to the spouses after the celebration of the wedding
donations in favor of the spouses made before the marriage but not in consideration thereof
donations made in favor of person other than the spouses
Donation propter nuptias are governed by the provisions on ordinary donations (Arts. 725-773,
Civil Code), insofar as they are not modified by the Family Code. (Article 83)
RULES
APPLICABLE TO DONATIONS PROPTER NUPTIAS:

donations of immovable property must be made in a public document
donations of movable property with a value exceeding P5,000 shall be in writing
donations of movable property less than P5,000 may be made orally or in writing; oral
donation requires simultaneous delivery of a thing
2. DONATION OF PRESENT AND FUTURE PROPERTY

If property regime is other than the absolute community of property, spouses cannot donate to
each other in their marriage settlements more than one-fifth (1/5) of their present property. Any excess
shall be considered void.
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page11
Donations of future property shall be governed by the provisions on testamentary succession and
the formalities of wills.
Donations of future property take effect upon the death of the donor (not upon the celebration of
the marriage) and are revocable at any time.
PROPERTY SUBJECT TO ENCUMBERANCE MAY BE DONATED:

But, in Case of foreclosure of the encumberance:
1) If property is sold for less than the total amount of the obligation secured, the donee shall not be
liable for the deficiency
2) If the property is sold for more than the total amount of said obligation, the donee shall be entitled
to the excess.
3. GROUNDS FOR REVOCATION
Donations by reason of marriage may be revoked by the donor: WINLAR
1) When the marriage takes place Without the consent of the parents or guardian, as required by law;
2) When the donee has committed an act of Ingratitude as specified by the provisions of the Civil
Code on donations in general.
3) If the marriage is Not celebrated or judicially declared void ab initio except donations made in the
marriage settlements, which shall be governed by Article 81;
4) Upon Legal separation, the donee being the guilty spouse;
5) When the marriage is Annulled, and the donee acted in bad faith;
6) If it is with a Resolutory condition and the condition is complied with;
ACTS OF INGRATITUDE BY DONEE
DONATION PROPTER NUPTIAS REVOKED BY OPERATION LAW:
commit offense against the person, honor or property of the donor, his wife or children under
his parental authority
impute to donor any criminal offense or any act involving moral turpitude, even though he
should prove it, unless the crime or act has been committed against the donee himself, his
wife or children under his authority
unduly refuse to support the donor when he is legally and morally bound to give such support
when a subsequent marriage is contracted by one whose spouse has been declared
presumptively dead, if the donee contracted the 2nd marriage in bad faith
donations made in the marriage settlement, if the marriage does not take place (Art. 81)
if the donation is subject to a suspensive condition and such does not take place
PRESCRIPTIVE PERIODS FOR FILING ACTION:
marriage not celebrated, marriage void ab initio, or resolutory condition complied with
written donation = 10 years
oral donation = 6 years
marriage annulled or without parental consent = 4 years
legal separation, donee being the guilty spouse = 5 years from finality of decree of separation
act of ingratitude = 1 year from donors knowledge of the fact
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page12
4. VOID DONATIONS
Every donation or grant of gratuitous advantage, direct or indirect.

EXCEPT: moderate gifts which the spouses may give each other on the occasion of any family
rejoicing.
* The prohibition shall also apply to persons living together as husband and wife without a valid
marriage.
GENERAL RULE: Donations during marriage are VOID, even among common-law spouses, extramarital
relationships.
exceptions:
1. moderate gifts
2. donations mortis causa
Reason for prohibition: to prevent undue influence and exploitation; also to protect creditors
Only those who are prejudiced by the donation can legally assail the same.
C. SYSTEM OF ABSOLUTE COMMUNITY

1. GENERAL PROVISIONS
GENERAL RULE: No waiver of BENEFITS of ACP
EXCEPTIONS:
1.
2.
3.
when there is judicial separation of property

when there is legal separation
when the marriage is dissolved (by death of the spouses) or annulled
Waiver must appear in a public instrument, recorded in the local civil registry and registry of
property.
If the waiver is executed after the dissolution of the ACP, the waiver is valid for it is considered an
assignment of rights, interests, shares and effects in the ACP.
Rules on CO-OWNERSHIP apply suppletorily to ACP in matters not provided for by the Family Code
(Article 90)
2. WHAT CONSTITUTES COMMUNITY PROPERTY

GENERAL RULE: the community property shall consist of all the property owned by the spouses at the
time of the celebration of the marriage or acquired thereafter.
EXCEPTIONS:
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page13
1) Property acquired during the marriage by Gratuitous title by either spouse, and the fruits as well as
the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that
they shall form part of the community property;
2) Property Acquired before the marriage by either spouse who has legitimate descendants by a
former marriage, and the fruits as well as the income, if any, of such property.
3) Property for Personal and exclusive use of either spouse. However, jewelry shall form part of the
community property;
These excluded properties are known as RESERVED PROPERTY.
Jewelry and other luxury items, even if exclusively used by one spouse, are excluded because they
are valuable and expensive.
PRESUMPTION:
Property acquired during the marriage is presumed to belong to the community, unless it is proved
that it is one of those excluded therefrom.
To invoke the presumption, the property must be shown to have been acquired during the
marriage.
It is not necessary to prove that the property was acquired by the funds of the community.
Registered name generally not indicative, except if you cannot prove that the property was
acquired during the marriage.
3. CHARGES UPON THE ACP

The ACP shall be liable for:
1) Support
spouses
common children
legitimate children of previous marriage
2) Debts and obligations contracted during the marriage
3) Debts contracted by one spouse without the consent of the other to the extent that the family
benefited
4) Taxes, liens, repairs on community property
5) Taxes and expenses for mere preservation of separate properties of the spouses that are being
used by the family
6) Expenses for professional, vocational, or self-improvement course of either spouse
7) Ante-nuptial debts that benefited the family
8) Donations by both spouses to common legitimate children for their professional, vocational, or selfimprovement courses
9) Ante-nuptial debts not redounding to the benefit of the family, for support of illegitimate children,
or for liabilities arising from a crime or quasi-delict
10) Expenses of litigation between the spouses
#8 donations referred to are those beyond the duty of parents to support their children, as
required under Art. 194, Family Code
#9 ACP is liable only if the debtor-spouse has no exclusive property or such is insufficient;
payments by ACP are deemed advances to be deducted from the share of the debtor-spouse upon
the liquidation of the community property
If the community properties are not sufficient to pay for its liabilities, the spouses are solidarily
liable to creditors with their separate properties.
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page14
Obligations borne by separate property of the spouses:

obligations incurred by one spouse alone or without consent of the other spouse and does not
redound to the benefit of the family
ante-nuptial obligations which do not benefit the family
support of illegitimate children
liabilities by reason of crime/quasi-delict
Whatever a spouse loses in gambling or any game of chance shall be borne by the loser; what s/he
wins will go to the ACP (Article 95).
4. OWNERSHIP AND DISPOSITION OF ACP

Administration of the ACP:
1)
2)
3)
4)
Belongs to both spouses jointly

In case of disagreement, husband prevails, subject to recourse of wife to the court
Action prescribes within 5 years from date of contract implementing husbands decision
In case one spouse is incapacitated or unable to participate in administration, the other spouse
may assume sole powers of administration.
Disposition and Encumbrance of ACP:

1) Must be with authority of the court or written consent of both spouses
2) Disposition or encumbrance without authority or consent shall be void
3) Transaction deemed a continuing offer on the part of the consenting spouse and may be perfected
upon acceptance of the other spouse or authorization by the court
5. DISSOLUTION
WHEN THE ACP TERMINATES:
1)
2)
3)
4)
Upon the death of either spouse (Art.103);

When there is a decree of legal separation (Arts. 63 and 64;
When the marriage is annulled or declared void (Arts. 50 to 52);
In case of judicial separation of property during the marriage under Article 134 to 138.
If there is no liquidation after dissolution, a co-ownership is impliedly established.
Dissolution must be registered in the registry of property to affect 3 rd persons in good faith.
GENERAL RULE: The separation in fact shall not affect the regime of absolute community
EXCEPT THAT:
1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not
have the right to be supported;
2) When the consent of one spouse to any transaction of the other is required by law, judicial
authorization shall be obtained in a summary proceeding;
3) In the absence of sufficient community 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.
WHEN PETITION FOR RECEIVERSHIP MAY BE FILED:
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page15
If a spouse without just cause abandons the other or fails to comply with his or her obligations
to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of
property or for authority to be the sole administrator of the absolute community, subject to such
precautionary conditions as the court may impose.
WHAT CONSTITUTES ABANDONMENT:
When the spouse has left the conjugal dwelling without intention of returning.
WHEN THERE IS PRIMA FACIE PRESUMPTION OF ABANDONMENT:
spouse left conjugal dwelling for 3 months

spouse failed to inform other of whereabouts within 3 months
6. LIQUIDATION OF ASSETS AND LIABILITIES

DISSOLUTION UPON DEATH OF ONE SPOUSE HOW EFFECTED:
1) Same proceeding for settlement of estate; or
2) Judicially or extra-judicially within one year from the death of spouse
EFFECT IF NO DISSOLUTION IS MADE:
1) Any disposition or encumbrance of community property shall be void
2) If surviving spouse contracts subsequent marriage, it shall be governed by complete separation of
property
D. CONJUGAL PARTNERSHIP OF GAINS
1. GENERAL PROVISIONS
Application of these rules (Article 105):

supplementary to provisions of marriage settlements adopting CPG as property regime
suppletory to Civil Code, as to CPG already established before the Family Code
In CPG, each spouse retains his or her property before the marriage.
What constitutes common fund in CPG:

proceeds, products, fruits and income of separate properties
everything acquired through their work or industry, whether singly or jointly
everything acquired by chance
The spouses are not co-owners of the conjugal properties and cannot alienate the supposed onehalf interest of each in said properties. The interest of each spouse in the conjugal partnership is
only inchoate and does not ripen into title until after dissolution and liquidation.
CPG commences at the precise moment the marriage is celebrated, and its benefits cannot be
waived during the marriage, except in case of judicial separation of property (Article 107).
Rules on ordinary partnerships apply when not in conflict with the Family Code or the marriage
settlement (Article 108).
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page16
2. EXCLUSIVE PROPERTY
WHAT ARE THE EXCLUSIVE PROPERTY OF EACH SPOUSE:
1) That which is brought to the marriage as his or her own;
2) That which each acquires during the marriage by gratuitous title;
3) That which is acquired by right of redemption, by barter or by exchange with property belonging to
only one of the spouses; and
4) That which is purchased with exclusive money of the wife or of the husband.
Rights of each spouse to their exclusive properties:
ownership, possession, administration and enjoyment (can be transferred to the other spouse
through public document recorded in registry of property) (Article 110)
mortgage, encumber, alienate or dispose without consent of other spouse, and appear in court
alone to litigate with regard to the same (Article 111)
PROPERTY DONATED OR LEFT BY WILL TO THE SPOUSES JOINTLY:

1) With designation of determinate shares = shares shall pertain to the donee-spouses as his or her
own exclusive property
2) Without designation = each exclusively owns half, without prejudice to the right of accretion when
proper
Right of accretion is proper when either spouse:
Onerous donations to the spouses (Article 114):
refuses to accept
is incapacitated to accept
predeceases or dies before the perfection of the donation
charges borne by exclusive property of donee-spouse

if charges are advanced from CPG, the property donated is still exclusive property of the
donee-spouse, subject to the obligation to reimburse the CPG
Gratuitous acquisitions are exclusive property of the spouse to whom they are given.
benefits are conjugal (Article 115).
Onerous
pension, retirement benefits = conjugal

gratuity = exclusive
3. CONJUGAL PARTNERSHIP PROPERTY

a. PRESUMPTION
All property acquired during the marriage, whether the acquisition appears to have been made,
contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the
contrary is proved.
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page17
b. WHAT ARE CPG PROPERTIES: FOOL CHL

1) The Fruits, natural, industrial, or civil, due or received during the marriage from the common
property, as well as the net fruits from the exclusive property of each spouse;
2) Those acquired through Occupation such as fishing or hunting;
3) Those acquired by Onerous title during the marriage at the expense of the common fund, whether
the acquisition be for the partnership, or for only one of the spouses;
4) Those obtained from the Labor, industry, work or profession of either or both of the spouses;
5) Those which are acquired by Chance, such as winnings from gambling or betting. However, losses
therefrom shall be borne exclusively by the loser-spouse.
6) The share of either spouse in the Hidden treasure which the law awards to the finder or owner of
the property where the treasure is found;
7) Livestock existing upon the dissolution of the partnership in excess of the number of each kind
brought to the marriage by either spouse; and
TEST: the ORIGIN OF THE MONEY invested in the purchase.

If it came from conjugal funds, the property acquired is conjugal.
Special rules on life insurance:
c.
If the beneficiary is the insured or his estate: test of ownership of proceeds is the origin of the
money used (whether conjugal or separate)
If the beneficiary is the other spouse:
where the insurer-spouse insures his/her own life, the proceeds belong to the beneficiaryspouse, even if the premiums are paid out of conjugal funds; beneficiary-spouse must
return half the premiums to the conjugal partnership
if spouses are jointly insured in a single policy, the surviving spouse gets the proceeds with
no obligation to return any part of the premiums to the conjugal partnership
if insurance is taken by 3 rd person, the proceeds belong to the beneficiary-spouse (deemed
a donation)
Property purchased by installment
TO WHOM PROPERTY BOUGHT BY INSTALLMENT BELONGS:

Belongs to the buyer or buyers:
If paid partly from exclusive funds of either or both spouses and partly from conjugal funds and if
full ownership was vested before the marriage.
Belongs to the conjugal partnership:
If ownership was vested during the marriage.
*In either case, any amount advanced by the partnership or by either or both spouses shall be
reimbursed by the owner or owners upon liquidation of the partnership.
TEST: the DATE of VESTING or TRANSFER of OWNERSHIP
d. Rules on improvement on separate property borne by CPG

1) If the cost of improvement and the resulting increase in value are more than the value of the
property at the time of improvement, the property shall become conjugal
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page18
With obligation to reimburse owner-spouse for the value of the property at the time of
improvement
2) If not, ownership remains the separate property of the owner-spouse
With obligation to reimburse conjugal partnership for cost of improvement
3) In either case, ownership is vested upon reimbursement, which shall be made at the time of
liquidation of the conjugal partnership
Until ownership vests, the conjugal partnership has the right to use the property and the
improvement as a usufructuary.
4. CHARGES UPON THE CPG

The CPG shall be liable for:
1) Support
spouses
common children
legitimate children of previous marriage
2) Debts and obligations contracted during the marriage
3) Debts contracted by one spouse without the consent of the other to the extent that the family
benefited
4) Taxes, liens, repairs on conjugal partnership property
5) Taxes and expenses for mere preservation made during the marriage upon separate properties of
the spouses
6) Expenses for professional, vocational, or self-improvement course of either spouse
7) Ante-nuptial debts that benefited the family
8) Donations by both spouses to common legitimate children for their professional, vocational, or selfimprovement courses
9) Expenses of litigation between the spouses
If the conjugal partnership is insufficient to cover the foregoing liabilities, the spouses shall be
solidarily liable for the unpaid balance with their separate properties.
Personal debts of either spouse (Article 122)

shall not be charged to the CPG unless they redound to the benefit of the family
if the separate property of the debtor-spouse is insufficient, the CPG may be held liable for
such obligations and only if it already covered the liabilities under Art. 121, subject to
reimbursement upon liquidation of the CPG
5. ADMINISTRATION OF THE CPG
Same as administration of ACP
6. DISSOLUTION OF THE CPG
Same as in ACP
In case the partnership is not liquidated, a co-ownership is impliedly established.

fruits of the former conjugal property are to be divided according to the rules of co-ownership
fruits of the separate property, as wells as the products of work or industry, no longer belong
to the common fund, but become separate property
7. LIQUIDATION OF ASSETS AND LIABILITIES
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page19
Only the NET PROFITS are divided between the spouses, as compared to the regime of ACP where
the entire common mass of property is divided between the spouses.
Liquidation upon death of one spouse: same procedure as in ACP (Pls. see Art. 130)
Simultaneous liquidation of 2 or more marriages contracted before effectivity of the Family Code:
same procedure as in ACP (Pls. see Art. 131)
If the estate clearly appears to be insolvent as the liabilities exceed its assets, the surviving spouse
and children are not entitled to any support during the liquidation.
E. SEPARATION OF PROPERTY AND ADMINISTRATION OF COMMON PROPERTY BY ONE

SPOUSE
GENERAL RULE: Separation of property is prohibited.

EXCEPTIONS:
1.
2.
3.
when it is expressly agreed upon in the marriage settlements

when required by law (under Arts. 103 and 130)
by judicial order
separation of property takes effect not upon the signing of the compromise agreement but only
on the date it was approved by the court
1. JUDICIAL SEPARATION OF PROPERTY

GROUNDS FOR SEPARATION OF PROPERTY: PALAAS
1) That the spouse of the petitioner has been sentenced to a Penalty which carries with it civil
interdiction;
2) That the spouse of the petitioner has been judicially declared an Absentee;
3) That Loss of parental authority of the spouse of petitioner has been decreed by the court;
4) That the spouse of the petitioner has Abandoned the latter or failed to comply with his or her
obligations to the family as provided for in Article 101;
5) That the spouse granted the power of administration in the marriage settlements has Abused that
power; and
6) That at the time of the petition, the spouses have been Separated in fact for at least one year and
reconciliation is highly improbable.
* In the cases provided for in Numbers (1), (2) and (3), the presentation of the final judgment
against the guilty or absent spouse shall be enough basis for the grant of the decree of judicial
separation of property.
2. VOLUNTARY SEPARATION OF PROPERTY
HOW EFFECTED:
The spouses may jointly file a verified petition with the court for the voluntary
dissolution of the ACP or the CPG, and for the separation of their common properties.
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page20
All creditors of the absolute community or of the conjugal partnership of gains, as well
as the personal creditors of the spouse, shall be listed in the petition and notified of
the filing thereof.
The court shall take measures to protect the creditors and other persons with
pecuniary interest.
3. LIQUIDATION AND DISSOLUTION OF PROPERTY

EFFECTS OF SEPARATION:
dissolution and liquidation of the ACP or CPG according to the Family Code (Article 137)
provisions on complete separation of property shall apply (Article 138)
obligation of the spouses to support each other and their children continues
shall not prejudice rights previously acquired by creditors (Article 140)
whether the creditors are notified or not
petition for and final judgment of separation of property shall be recorded in the local civil registry
and registry of property (Article 139)
WHEN FORMER PROPERTY REGIME MAY BE REVIVED:

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 administration in the
marriage settlements will not again abuse that power, authorizes the resumption of said
administration;
4) When the spouse who has left the conjugal home without a decree of legal separation resumes
common life with the other;
5) When parental authority is judicially restored to the spouse previously deprived thereof;
6) When the spouses who have separated in fact for at least one year, reconcile and resume common
life; or
7) When after voluntary dissolution of the absolute community of property or conjugal partnership
has been judicially decreed upon the joint petition of the spouses, they agree to the revival of the
former property regime. No voluntary separation of property may thereafter be granted.
Reconciliation between the parties or the mere occurrence of the causes does not mean automatic
revival of their former regime.
WHEN ADMINISTRATION OF EXCLUSIVE PROPERTY MAY BE TRANSFERRED TO THE OTHER

SPOUSE:
1)
2)
3)
4)
When
When
When
When
one
one
one
one
spouse
spouse
spouse
spouse
becomes the guardian of the other;

is judicially declared an absentee;
is sentenced to a penalty which carries with it civil interdiction; or
becomes a fugitive from justice or is in hiding as an accused in a criminal case.
* If the other spouse is not qualified by reason of incompetence, conflict of interest, or any
other just cause, the court shall appoint a suitable person to be the administrator.
Administration of exclusive property by one spouse is different from administration of common

property by one spouse.
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page21
In the former, court intervention is needed.

administration without court authorization.
F.
REGIME OF SEPARATION OF PROPERTY
CONCEPT:
In the latter, a spouse may assume sole
Each spouse has full ownership, enjoyment and administration of own property, the fruits
therefrom, and the products of work or industry (Article 145).
Each also contributes to the family expenses proportionately with their income or value of their
properties.
The liability of the spouses to creditors for family expenses is SOLIDARY (Article 146).
The provisions of the Family Code apply suppletorily to the provisions of the marriage settlement
(Article 143).
Separation of property may refer to present or future property or both. It may be total or partial. In
the latter case, the property not agreed upon as separate shall pertain to the absolute community.
G. PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE

SIMILARITIES BETWEEN Article 147 and 148:
1.
2.
3.
4.
5.
The parties must cohabit or live together openly as husband and wife.
No ACP or CPG is formed between the parties.
Common property of the parties shall be governed by the rules on co-ownership.
Property of each that is not in co-ownership will belong to each spouse separately and exclusively.
Bad faith of a party results in forfeiture of his/her share in the common property.
DIFFERENCES
Article 147
parties
are
capacitated to marry
each other but are not
married or marriage is
void ab initio
wages and salaries of
parties and property
acquired by both thru
their work or industry
are owned in common
in equal shares
property
acquired
during cohabitiation is
presumed
to
be
obtained by their joint
effort,
work
or
industry
efforts in care and
maintenance of family
and household are
Article 148
parties suffering from
a legal impediment to
marry each other (e.g.
bigamous/adulterous
relationships)
there must be actual
joint contribution of
money, property or
industry
in
the
acquisition of property
for these to be owned
in common; the share
of each party is in
proportion to his or
her contribution
only the equality of
contributions
(not
acquisition by joint
contribution)
is
presumed
care, maintenance of
family and household
not recognized since
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page22
deemed contributions
manner of forfeiting
share
in
common
property of party in
bad faith (in the ff.
order) :
a. in favor of their
common children
b. in favor of the
descendants of the
common children
c. in favor of the
innocent party
actual contribution is
required
manner of forfeiting
share
in
common
property of party in
bad faith:
a. if party in bad
faith
is
validly
married to another,
the
share
shall
accrue to the ACP
or CPG of the valid
marriage
b. if party in bad
faith is not validly
married, forfeiture
same as in Art. 147
Neither party can encumber/dispose by acts inter vivos of his/her share in the common property,
without the consent of the other, until after the termination of their cohabitation (Article 147).
VI.
THE FAMILY
A. THE FAMILY AS AN INSTITUTION
The family is the foundation of the nation and is a basic social institution which public policy
cherishes and protects (Article 149).
FAMILY RELATIONS INCLUDE:

1)
2)
3)
4)
Between husband and wife;

Between parents and children;
Among other ascendants and descendants;
Among brothers and sisters, whether of the full or half-blood.
CASES NOT SUBJECT OF COMPROMISE: (Art. 2035, CC)
civil status of persons

validity of a marriage or legal separation
any ground for legal separation
future support
jurisdiction of the courts
future legitime
B. THE FAMILY HOME

WHAT IS A FAMILY HOME: the dwelling house, constituted jointly by the husband and the wife or by
an unmarried head of a family, where they and their family reside, and the land on which it is situated.
WHEN FAMILY HOME IS CONSTITUTED: The family home is deemed constituted on a house and
lot from the time it is occupied as a family residence.
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page23
A person may constitute, or be the beneficiary of, only one family home (Article 161).
Property that is the subject of a conditional sale on installments where ownership is reserved by
the vendor only to guarantee payment of the purchase price may be constituted as a family home
(Article 156).
Value of family home exempt from seizure (Article 157):

urban areas = P300,000
rural areas = P200,000
Family home may be sold, alienated, donated, assigned, encumbered with the written consent of
the person constituting the same, the latters spouse and a majority of the beneficiaries of legal
age (Article 158).
The family home shall continue despite the death of the person/s who constituted the same
(Article 159):
as long as there is a minor beneficiary still living in the home
even if there is no minor beneficiary, for a period of 10 years
heirs cannot partition the same unless the court finds compelling reasons therefore
regardless of whoever owns the property or constituted the family home
WHO ARE THE BENEFICIARIES OF A FAMILY HOME:

1) The husband and wife, or an unmarried person who is the head of a family; and
2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be
legitimate or illegitimate, who are living in the family home and who depend upon the head of the
family for legal support.
GENERAL RULE: The family home shall be exempt from execution, forced sale or attachment.
EXCEPTIONS:
1)
2)
3)
4)
For nonpayment of taxes;

For debts incurred prior to the constitution of the family home;
For debts secured by mortgages on the premises before or after such constitution;
For debts due to laborers, mechanics, architects, builders, materialmen and others who have
rendered service or furnished material for the construction of the building.
WHEN CREDITOR BELIEVES THAT THE FAMILY HOME IS WORTH MORE THAN THE MAXIMUM
AMOUNT FIXED BY LAW:
1) He may apply to the court which rendered the judgment for an order directing the sale of the
property under execution.
2) The court shall so order if it finds that the actual value of the family home exceeds the maximum
amount allowed by law as of the time of its constitution.
3) At the execution sale, no bid below the value allowed for a family home shall be considered.
4) Proceeds shall be applied in the ff. order:
to the amount mentioned in Article 157
to the liabilities under the judgment and the costs
excess, if any, shall be delivered to the judgment debtor.
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page24
VII.
PATERNITY AND FILIATION
A. LEGITIMATE CHILDREN
1. KINDS OF FILIATION
Natural filiation, which may be legitimate or illegitimate.
Adoption
WHO ARE NATURAL LEGITIMATE CHILDREN:
LEGITIMATE CHILDREN BY ARTIFICIAL INSEMINATION:
child conceived and/or born during the marriage of the parents

child conceived during a voidable marriage but born after said marriage is annulled
child conceived during a valid marriage but born after the parents secured a legal separation
or had a separation de facto
children of marriages void under Arts. 36 (psychological incapacity) and 53 (2 nd marriage
without delivery of legitime to children of 1st marriage)
artificial insemination must be made on the wife, not on another woman

the sperm used is that of her husband (AIH), a donor (AID) or both
insemination has been authorized or ratified by both spouses in a written instrument executed
and signed by them before the birth of the child
written instrument is recorded in the civil registry with the birth certificate
WHO ARE ILLEGITIMATE CHILDREN:
children
children
children
children
children
children
born of couples who are not legally married, or of common-law marriages

born of incestuous marriages
born of bigamous marriages or adulterous relations between the parents
born of marriages void for reasons of public policy under Art. 38
born of couples below 18, whether they are married or not
of other void marriages under Art. 35, except under Art. 35 (2)
2. IMPUGNED LEGITIMACY
GROUNDS FOR IMPUGNING LEGITIMACY: PBA
1) That it was Physically impossible for the husband to have sexual intercourse with his wife within
the first 120 days of the 300 days which immediately preceded the birth of the child because of:
a) the physical incapacity of the husband to have sexual intercourse with his wife;
b) the fact that the husband and wife were living separately in such a way that sexual intercourse
was not possible; or
c) serious illness of the husband, which absolutely prevented sexual intercourse;
2) That it is proved that for Biological or other scientific reasons, the child could not have been that of
the husband, except in the instance provided in the second paragraph of Article 164; or
3) That in case of children conceived through Artificial insemination, the written authorization or
ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue
influence.
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page25
*The child shall be considered legitimate although the mother may have declared against its
legitimacy or may have been sentenced as an adulteress.
Law leans toward the presumption of legitimacy.
WHEN SUBSEQUENT MARRIAGE IS CONTRACTED WITHIN 300 DAYS FROM PREVIOUS

MARRIAGE:
1) A child born before 180 days after the solemnization of the subsequent marriage is considered to
have been conceived during the former marriage, provided it be born within 300 days after the
termination of the former marriage;
2) A child born after 180 days following the celebration of the subsequent marriage is considered to
have been conceived during such marriage, even though it be born within the 300 days after the
termination of the former marriage.
300 days
termination
new marriage
180 days
conceived of
1st marriage
conceived of
2nd marriage
*The legitimacy or illegitimacy of a child born after 300 days following the termination of the
marriage shall be proved by whoever alleges such legitimacy or illegitimacy.
The law considers 300 days as the longest period of gestation of a fetus in the womb.
WHEN ACTION TO IMPUGN LEGITIMACY SHALL BE BROUGHT:

1) Within one year from the knowledge of the birth or its recording in the civil register, if the husband
or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took
place or was recorded.
2) Within 2 years, if the husband or, in his default, all of his heirs do not reside at the place of birth as
defined in the first paragraph or where it was recorded.
3) Within 3 years if they reside abroad.
*If the birth of the child has been concealed from or was unknown to the 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.
The legitimacy of a child cannot be attacked collaterally or by way of defense to any action or
proceeding filed for a different purpose.
WHEN HEIRS OF HUSBAND MAY IMPUGN THE FILIATION OF THE CHILD:

1) If the husband should die before the expiration of the period fixed for bringing his action;
2) If he should die after the filing of the complaint without having desisted therefrom;
3) If the child was born after the death of the husband.
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page26
Once the legitimacy of the child is successfully impugned, the paternity of the husband is rejected,
and the child shall be considered illegitimate. It is not necessary to identify the real father.
3. PROOF OF FILIATION
WHAT CONSTITUTES PROOF OF FILIATION: (PRIMARY EVIDENCE)
1) The record of birth appearing in the civil register or a final judgment; or
2) An admission of legitimate filiation in a public document or a private handwritten instrument and
signed by the parent concerned.
IN THE ABSENCE OF PROOF, FILIATION MAY BE PROVED BY: (SECONDARY EVIDENCE)
1) The open and continuous possession of the status of a legitimate child; or
2) Any other means allowed by the Rules of Court and special laws.
open and continuous possession of the status of a legitimate child:

bearing paternal surname
treatment of the child as legitimate by parents and family
constant attendance to childs support and education
giving the child the reputation of being a child of his parents
Other means allowed by the Rules of Court and special laws:

baptismal certificate of the child
a judicial admission
family bible wherein the name of the child is entered
common reputation respecting pedigree
admission by silence
testimonies of witnesses
4. ACTION TO CLAIM LEGITIMACY

WHEN ACTION TO CLAIM LEGITIMACY MAY BE BROUGHT:
May be brought by the child during his or her lifetime and shall be transmitted to the heirs
should the child die during minority or in a state of insanity. In these cases, the heirs shall have a
period of five years within which to institute the action.
*The action already commenced by the child shall survive notwithstanding the death of either
or both of the parties.
5. RIGHTS OF LEGITIMATE CHILDREN

RIGHTS OF LEGITIMATE CHILDREN:
1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil
Code on Surnames;
2) 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; and
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page27
3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code.
The right to use the surnames of the parents never prescribes by non-use.
Our laws do not authorize legitimate children to adopt the surname of a person who is not their
father. Thus, they may not adopt the surname of their mothers second husband.
The legitime of each child is half of the parents estate divided by the number of legitimate
children.
The rights of legitimate children are not subject to waiver.
B. ILLEGITIMATE CHILDREN
1. PROOF OF FILIATION
Same as for legitimate filiation
When the action is based on Article 172, 2 nd par. the action may be brought during the lifetime of
the alleged parent (Article 175).
2. RIGHTS OF ILLEGITIMATE CHILDREN

RIGHTS OF ILLEGITIMATE CHILDREN:
1) Use the surname and be under the parental authority of their mother
Under the Revilla Law, an illegitimate child may use the fathers surname if the latter
consents
In Briones Vs. Miguel (2004), the Court refused the fathers request for custody of his
illegitimate child despite the fact that the mother spends most of the time abroad and entrusts
the child to third persons. The Court reiterated that the illegitimate child shall remain under
the mothers parental authority, unless the latter is proven to be unfit.
2) Be entitled to support in conformity with this Code

3) Be entitled to legitime consisting of one-half of the legitime of a legitimate child.
In case there are valid reasons for not placing the illegitimate child under the parental authority of
the mother, a guardian may be appointed by the court.
C. LEGITIMATED CHILDREN
WHO MAY BE LEGITIMATED:
Only children conceived and born outside of wedlock of parents who, at the time of the conception
of the former, were not disqualified by any impediment to marry each other may be legitimated.
Even if subsequent to the birth of the child the parents become qualified to marry, the child cannot
be legitimated.
WHEN LEGITIMATION TAKES PLACE: Legitimation shall take place by a subsequent valid marriage
between parents. The annulment of a voidable marriage shall not affect the legitimation.
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page28
Legitimation takes place without prior judicial approval. It occurs ipso facto upon the subsequent
marriage of the parents.
RIGHTS OF LEGITIMATED CHILDREN: Legitimated children shall enjoy the same rights as legitimate
children.
* The effects of legitimation shall retroact to the time of the child's birth.
*The legitimation of children who died before the celebration of the marriage shall benefit their
descendants.
WHO MAY IMPUGN LEGITIMATION: Legitimation may be impugned only by those who are
prejudiced in their rights.
WHEN LEGITIMATION MAY BE IMPUGNED: within five years from the time their cause of action
accrues.
GROUNDS FOR IMPUGNING LEGITIMATION:
subsequent marriage of the childs parents is void

child allegedly legitimated is not natural
child is not really the child of the alleged parents
VIII.
ADOPTION
[A.M. No. 02-6-02-SC. July 31, 2002.]
RE: PROPOSED RULE ON ADOPTION
1. WHO MAY ADOPT/ BE ADOPTED
WHO MAY ADOPT: The following may adopt:
(1)
Any Filipino citizen

of legal age,
in possession of full civil capacity and legal rights,
of good moral character,
has not been convicted of any crime involving moral turpitude;
who is emotionally and psychologically capable of caring for children,
at least sixteen (16) years older than the adoptee, and
who is in a position to support and care for his children in keeping with the means of the
family.
The requirement of a 16-year difference between the age of the adopter and adoptee
may be waived when the adopter is the biological parent of the adoptee or is the
spouse of the adoptee's parent;
(2)
Any alien possessing the same qualifications as above-stated for Filipino nationals: Provided,
That his country has diplomatic relations with the Republic of the Philippines,
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page29
-
that he has been living in the Philippines for at least three (3) continuous years prior to the
filing of the petition for adoption and maintains such residence until the adoption decree is
entered,
that he has been certified by his diplomatic or consular office or any appropriate
government agency to have the legal capacity to adopt in his country, and
that his government allows the adoptee to enter his country as his adopted child.
Provided, further, That the requirements on residency and certification of the alien's qualification to
adopt in his country may be waived for the following:
(i)
a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii)
one who seeks to adopt the legitimate child of his Filipino spouse; or
(iii)
one who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative
within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.
(3)
The guardian with respect to the ward after the termination of the guardianship and clearance
of his financial accountabilities.
Husband and wife shall jointly adopt, except in the following cases:
(i)
if one spouse seeks to adopt the legitimate child of one spouse by the other spouse; or
(ii)
if one spouse seeks to adopt his own illegitimate child: Provided, however, That the other
spouse has signified his consent thereto; or
(iii)
if the spouses are legally separated from each other.
In case husband and wife jointly adopt or one spouse adopts the illegitimate child of the other, joint
parental authority shall be exercised by the spouses.
WHO MAY NOT ADOPT:
1) The guardian with respect to the ward prior to the approval of the final accounts rendered upon the
termination of their guardianship relation
2) Any person who has been convicted of a crime involving moral turpitude
3) An alien, except:
A former Filipino citizen who seeks to adopt a relative by consanguinity
One who seeks to adopt the legitimate child of his or her Filipino spouse
One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a
relative by consanguinity of the latter
Aliens not included in the foregoing exceptions may adopt Filipino children in accordance with
the rules on inter-country adoptions as may be provided by law.
GENERAL RULE: Husband and wife must jointly adopt.
EXCEPTIONS:
1. if one spouse seeks to adopt the legitimate child of one spouse by the other spouse; or
2. if one spouse seeks to adopt his own illegitimate child: Provided, however, That the other spouse
has signified his consent thereto; or
3. if the spouses are legally separated from each other.
* In case husband and wife jointly adopt or one spouse adopts the legitimate child of the other, joint
parental authority shall be exercised by the spouses.
WHO MAY NOT BE ADOPTED:
1) A person of legal age unless:
Person is a child by nature of the adopter
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page30
Person is a child by nature of the spouse of the adopter
Prior to the adoption, said person had been consistently considered and treated by the adopter
as his or her own child during minority
2) An alien whose government the Philippines has no diplomatic relations
3) A person who has already been adopted unless such adoption has been previously revoked
B. CONSENT NECESSARY FOR ADOPTION

PERSONS WHOSE WRITTEN CONSENT IS REQUIRED FOR ADOPTION:
1.
The adoptee, if ten (10) years of age or over;
2.
The biological parents of the child, if known, or the legal guardian, or the child-placement
agency, child-caring agency, or the proper government instrumentality which has legal custody of the
child;
3.
The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10)
years of age or over;
4.
The illegitimate children of the adopter living with him who are ten (10) years of age or over;
and
5.
The spouse, if any, of the adopter or adoptee.
C. EFFECTS OF ADOPTION
1) For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both
shall acquire the reciprocal rights and obligations arising from the relationship of parent and child,
including the right of the adopted to use the surname of the adopters
2) The parental authority of the parents by nature over the adopted shall terminate and be vested in
the adopters, except that if the adopter is the spouse of the parent by nature of the adopted,
parental authority over the adopted shall be exercised jointly by both spouses
3) The adopted shall remain an intestate heir of his parents and other blood relatives
RULES FOR LEGAL OR INTESTATE SUCCESSION TO THE ESTATE OF THE ADOPTED:
1) Legitimate and illegitimate children and descendants and the surviving spouse of the adopted shall
inherit from the adopted, in accordance with the ordinary rules of legal or intestate succession
2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted concur
with the adopter, they shall divide the entire estate, one-half to be inherited by the parents or
ascendants and the other half, by the adopters
3) When the surviving spouse or the illegitimate children of the adopted concur with the adopters,
they shall divide the entire estate in equal shares, one-half to be inherited by the spouse or the
illegitimate children of the adopted and the other half, by the adopters
4) When the adopters concur with the illegitimate children and the surviving spouse of the adopted,
they shall divide the entire estate in equal shares, one-third to be inherited by the illegitimate
children, one-third by the surviving spouse, and one-third by the adopters
5) When only the adopters survive, they shall inherit the entire estate; and
6) When only collateral blood relatives of the adopted survive, then the ordinary rules of legal or
intestate succession shall apply
D. RESCISSION
WHEN MAY FILE: verified and filed by the adoptee who is over eighteen (18) years of age, or with the
assistance of the Department, if he is a minor, or if he is over eighteen (18) years of age but is
incapacitated, by his guardian or counsel.
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page31
GROUNDS FOR RESCISSION: on the same grounds prescribed for loss or suspension of parental
authority.
1)
repeated physical and verbal maltreatment by the adopter despite having undergone
counseling;
2)
attempt on the life of the adoptee;
3)
sexual assault or violence; or
4)
abandonment or failure to comply with parental obligations.
WHEN ADOPTERS MAY PETITION THE COURT FOR RESCISSION OF ADOPTION:
Adoption, being in the best interests of the child, shall not be subject to rescission by the
adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of
the Civil Code.( Re: Proposed Rule on Adoption[A.M. No. 02-6-02-SC. July 31, 2002.])
EFFECTS OF JUDICIAL RESCISSION:
Extinguishes all reciprocal rights and obligations between the adopters and the adopted arising
from the relationship of parent and child.
The adopted shall lose the right to use the surnames of the adopters and shall resume his
surname prior to the adoption.
The court shall order the amendment of the records in the proper registries.
* If the adopted minor has not reached the age of majority at the time of the judicial rescission, the
court in the same proceeding shall reinstate the parental authority of the parents by nature.
Unless: the parents by nature are disqualified or incapacitated, in which case the court shall appoint a
guardian over the person and property of the minor.
* If the adopted person is physically or mentally handicapped, the court shall appoint in the same
proceeding a guardian over his person or property or both.
IX.
RIGHT AND DUTIES OF PARENTS
A. GENERAL PROVISIONS
Parental authority is the mass of rights and obligations which parents have in relation to the person
and property of their children until their emancipation, and even after this under certain
circumstances.
WHAT CONSTITUTES PARENTAL AUTHORITY & RESPONSIBILITY:
caring for and rearing their children for civic consciousness and efficiency
development of their moral, mental and physical character and well-being
GENERAL RULE: Parental authority and responsibility may not be renounced or transferred.
EXCEPTIONS: (CASES WHEN PARENTAL AUTHORITY & RESPONSIBILITY MAY BE TRANSFERRED)
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page32
Adoption
Guardianship
Commitment of the child in an institution engaged in childcare or in a childrens home.
WHO MAY EXERCISE PARENTAL AUTHORITY: Both parents over their common children.
NB: Mother has sole parental authority over illegitimate children.
IN CASE OF DISAGREEMENT: fathers decision prevails EXCEPT when there is a judicial order.
IN CASE OF ABSENCE OR DEATH OF EITHER PARENT: the parent present shall continue exercising
parental authority.
IN CASE OF REMARRIAGE OF SURVIVING PARENT: shall not affect the parental authority over the
children.
UNLESS: the court appoints another person to be the guardian of the person or property of the
children.
IN CASE OF SEPARATION OF THE PARENTS: parental authority shall be exercised by the parent
designated by the Court.
* The Court shall take into account all relevant considerations, especially the choice of the child over
seven years of age, unless the parent chosen is unfit.
IN CASE OF DEATH, ABSENCE OR UNSUITABILITY OF THE PARENTS: substitute parental
authority shall be exercised by the surviving grandparent. In case several survive, the one designated
by the court.
B. SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY
WHO MAY EXERCISE SUBSTITUTE PARENTAL AUTHORITY:
1) Surviving grandparent, as provided in Art. 214
2) Oldest brother or sister, over 21 yrs., unless unfit or disqualified
3) Child's actual custodian, over 21 yrs., unless unfit or disqualified
*When a guardian is needed over the childs property, the same preference shall apply.
IN CASE OF FOUNDLINGS, ABANDONED, NEGLECTED OR ABUSED CHILDREN: parental
authority shall be entrusted in summary judicial proceedings to heads of children's homes, orphanages
and similar institutions duly accredited by the proper government agency.
WHO MAY EXERCISE SPECIAL PARENTAL AUTHORITY:
The school
School administrators and teachers
The individual, entity or institution engaged in child care
WHEN EXERCISED: while under their supervision, instruction or custody.

*Authority and responsibility shall apply to all authorized activities whether inside or outside
the premises of the school, entity or institution.
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page33
EXTENT OF LIABILITY OF:
Those with special parental authority: principally and solidarily liable for damages caused by the
unemancipated minor.
Those with substitute parental authority: subsidiarily liable.
* The liabilities shall not apply if it is proved that they exercised the proper diligence required under
the particular circumstances
C. EFFECTS OF PARENTAL AUTHORITY
RIGHTS AND DUTIES OF PARENTS OR PERSONS EXERCISING PARENTAL AUTHORITY:
1) To keep them in their company, to support, educate and instruct them by right precept and good
example, and to provide for their upbringing in keeping with their means
2) To give them love and affection, advice and counsel, companionship and understanding
3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, selfdiscipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in
them compliance with the duties of citizenship
4) To furnish them with good and wholesome educational materials, supervise their activities,
recreation and association with others, protect them 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
8) To perform such other duties as are imposed by law upon parents and guardians
NATURE OF LIABILITY OF PARENTS AND PERSONS EXERCISING PARENTAL AUTHORITY: civilly
liable for the injuries and damages caused by the acts or omissions of their unemancipated children
living in their company and under their parental authority subject to the appropriate defenses provided
by law.
*The courts may appoint a guardian of the child's property or a guardian ad litem when the best
interests of the child so requires.
WHO MAY EXERCISE LEGAL GUARDIANSHIP OVER PROPERTY OF UNEMANCIPATED COMMON
CHILD: The parents jointly, without the necessity of a court appointment.
IN CASE OF DISAGREEMENT: the father's decision shall prevail, unless there is a judicial order to
the contrary.
WHEN BOND IS REQUIRED FROM THE PARENT: Where the market value of the property or the
annual income of the child exceeds P50,000.
It shall be filed in the proper court of the place where the child resides, or, if the child resides in
a foreign country, in the proper court of the place where the property or any part thereof is
situated. It shall be docketed as a summary special proceeding.
The ordinary rules on guardianship shall be merely suppletory EXCEPT when the child is under
substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which
case the ordinary rules on guardianship shall apply.
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page34
X.
RIGHTS AND DUTIES OF CHILDREN
RIGHTS OF A CHILD:
1)
2)
3)
4)
Entitled to parental care

Shall receive at least elementary education
Shall be given moral and civic training by the parents or guardian
Has the right to live in an atmosphere conducive to his physical, moral and intellectual
development
DUTIES OF A CHILD:
1)
2)
3)
4)
Obey and honor his parents

Respect his grandparents, old relatives and persons holding substitute parental authority
Exert his utmost for his education and training
Cooperate with the family in all matters that make for the good of the same
XI.
SUPPORT
WHAT IS SUPPORT: Support compromises everything indispensable for sustenance, dwelling,

clothing, medical attendance, education and transportation, in keeping with the financial capacity of
the family.
The education of the person shall include his schooling or training for some profession, trade or
vocation, even beyond the age of majority. Transportation shall include expenses in going to and from
school, or to and from place of work.
The action for support does not prescribe.

Support due the child cant be waived by its parent or guardian.
PERSONS WHO ARE OBLIGED TO SUPPORT EACH OTHER:

1)
2)
3)
4)
5)
Spouses
Legitimate ascendants and descendants
Parents and their legitimate children and the legitimate and illegitimate children of the latter
Parents and their illegitimate children and the legitimate and illegitimate children of the latter
Legitimate brothers and sisters, whether of full or half-blood
*Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise bound to
support each other 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.
In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and
brothers and sisters, whether legitimately or illegitimately related: only the separate property
of the person obliged to give support shall be answerable.
In case the obligor has no separate property: the absolute community or the conjugal
partnership, if financially capable, shall advance the support, which shall be deducted from the share
of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership.
WHEN TWO OR MORE PERSONS ARE OBLIGED TO GIVE SUPPORT: the liability shall devolve
upon the following persons in the order herein provided:
1) The spouse
2) The descendants in the nearest degree
3) The ascendants in the nearest degree
Barely Legal 9.05

UP BarOps 2005

Outline 2005
Page35
4) The brothers and sisters
HOW PAYMENT DIVIDED: When the obligation to give support falls upon two or more persons, the
payment shall be divided between them in proportion to the resources of each.
IN CASE OF URGENT NEED AND SPECIAL CIRCUMSTANCES: the judge may order only one of
them to furnish the support provisionally, without prejudice to his right to claim from the other obligors
the share due from them.
WHEN TWO OR MORE RECIPIENTS CLAIM SUPPORT AT THE SAME TIME: should the person
obliged to give support not have sufficient means to satisfy all claims, the order (mentioned above)
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.
AMOUNT OF SUPPORT: shall be in proportion to the resources or means of the giver and to the
necessities of the recipient.
Barely Legal 9.05

UP BarOps 2005

Persons and Family Realtions Syllabus

Încărcat de

Informații document

Titlu original

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

Persons and Family Realtions Syllabus

Încărcat de

Drepturi de autor:

Formate disponibile

Persons and Family Relations

General Rule: Foetus is considered born if it is ALIVE at the time it is COMPLETELY

DEATH extinguishes civil capacity:

Barely Legal 9.05

Persons and Family Relations

III. JURIDICAL PERSONS

State/ Political subdivisions

Which laws govern these persons? (Art. 45)

Extent of Capacity (Art. 46)

Acquire, own, administer, encumber and dispose property

Juridical Persons lose their capacity if dissolved/existence is terminated.

Succession rules governed partly by Art. 47, as to public entities:

Look at enabling law, charter

Barely Legal 9.05

Persons and Family Relations

b. Consent freely given

Who may solemnize marriages: JC , PRIM, SAM

Barely Legal 9.05

Persons and Family Relations

In case parental consent was not obtained, the marriage is voidable.

Absence of any of the essential or formal requisites.

Barely Legal 9.05

Persons and Family Relations

Barely Legal 9.05

Persons and Family Relations

2. WHEN ONE SPOUSE IS ABSENT

Barely Legal 9.05

Persons and Family Relations

A. GROUNDS: SVC CLF BALD

Barely Legal 9.05

Persons and Family Relations

The spouses shall be entitled to live separately from each other.

Parties cannot get married again.

Barely Legal 9.05

Persons and Family Relations

Shall not affect the regime of absolute community.

PROPERTY RELATIONS BETWEEN SPOUSES

If there is no marriage settlement, the default property regime is ABSOLUTE COMMUNITY OF

Barely Legal 9.05

Persons and Family Relations

failure to comply with obligations to the family

Property regime immutable during marriage, even after a change in citizenship.

A marriage settlement is an accessory contract dependent on the existence of the marriage.

B. DONATION PROPTER NUPTIAS

APPLICABLE TO DONATIONS PROPTER NUPTIAS:

2. DONATION OF PRESENT AND FUTURE PROPERTY

Barely Legal 9.05

Persons and Family Relations

PROPERTY SUBJECT TO ENCUMBERANCE MAY BE DONATED:

ACTS OF INGRATITUDE BY DONEE

DONATION PROPTER NUPTIAS REVOKED BY OPERATION LAW:

PRESCRIPTIVE PERIODS FOR FILING ACTION:

Barely Legal 9.05

Persons and Family Relations

Every donation or grant of gratuitous advantage, direct or indirect.

C. SYSTEM OF ABSOLUTE COMMUNITY

when there is judicial separation of property

2. WHAT CONSTITUTES COMMUNITY PROPERTY

Barely Legal 9.05

Persons and Family Relations

These excluded properties are known as RESERVED PROPERTY.

3. CHARGES UPON THE ACP

Barely Legal 9.05