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Maria)
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Added Info:
Covered Under this Rule:
- Presidential decrees and
executive orders by the
president in exercise of his
legislative powers.
- Administrative rules and
regulations if their purpose
is to enforce or implement
existing law pursuant to a
valid delegation.
- City charter must be
published even if it is only
applicable to a portion of
national territory
* Interpretative regulation and
those internal in nature need not
be published.
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Exception:
Foreigners who are immune from
suit and thus cannot be charged
(diplomatic agents)
Thus a Filipino cannot get a
divorce even if he or she goes
abroad, since divorce is not
recognized in the Philippines
HUMAN RELATIONS
Art. 19: Abuse of right
doctrine
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It is the courts duty to render justice and give protection on account of those who
are disadvantage due to moral dependence, ignorance, indigence (poverty),
mental weakness, tender age or other handicap.
The courts at the instance of the government or any private charitable institution
can order one to stop extreme spending during times of emergency.
Ex. There is a gasoline scarcity and a rich man buys tons and tons of gasoline to
power his private amusement park. the court may order him to seize such at the
instance of the government or charitable institution to prevent such in times of
emergency.
- Meant to enforce the right of one to his privacy in ones own home, religious
freedom, prevent moral suffering, vexation, humiliation,
- One may file an action for damages against the officer who does not perform his
official duty without just cause.
- A public officer who commits a tort or other wrongful act is still liable to the
victim.
- Necessary to promote a system of free enterprise and a fair chance for others to
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*Criminal negligence
(reckless imprudence) is not
included in this article, thus
an independent action for
such cannot be made
independently from the
criminal prosecution.
The general rule is that the criminal case takes precedence; an exception
would be if there exist prejudicial questions, which should be resolved
before the criminal case.
PREJUDICIAL QUESTION: That which must precede the criminal action that
which requires a decision before a final judgment is rendered in the principal
action where the said question is closely connected. The resolution of the
Prejudicial question will determine if the criminal action may proceed.
Ex. A and B got married. B then married C. A filed a case for bigamy against B. B
also filed a civil case against C (the second spouse) contending that she was
intimidated into marrying C. The civil case to determine whether there was
intimidation or not must necessary be resolved before the bigamy case. If B was
indeed intimidated in marrying C, there is no bigamy.
CIVIL PERSONALITY: GENERAL PROVISIONS
Art. 37: Juridical Capacity and
JURIDICAL CAPACITY: fitness to be the subject of legal relations, inherent in
Capacity to Act.
every person and is lost only through death.
- Acquired when one is conceived (rights of the unborn child)
CAPACITY TO ACT: power to do acts with legal effect, may be acquired of lost
- Acquired when one reaches the age of majority, lost in cases like civil
interdiction1.
Art. 38: Restrictions on the
Restrictions on the capacity to act: Minority, insanity or imbecility, state of being a
capacity to act
deaf-mute, prodigality, and civil interdiction are mere restrictions on the capacity
to act. Do not exempt the person from certain obligations.
Art. 39: Modification or limit
Modify/limit capacity to act: age, insanity, imbecility, the state of being a deafcapacity to act
mute, penalty, prodigality, family relations, alienage, absence, insolvency, and
trusteeship.
NATURAL PERSONS
Art. 40: Commencement of
- Birth determines personality but the conceived child shall be considered
Civil personality
born for all purposes that are favorable to it. Provided that the conceived
child is later born with the conditions in Art. 41.
Art. 41: conditions to
- The fetus is considered born if it is alive from the time it was completely
determine when the child is
delivered from the mothers womb. BUT if the fetus was alive in the
considered conceived.
womb for less than 7 months it is not deemed born if it dies within 24
hours it is delivered form the womb.
Art. 42: Civil personality
- Death puts an end to civil personality
An accessory penalty for the commission of an offense, which deprives the offender during the time of his sentence the rights of parental authority, or
guardianship, right to manage his property and the right to dispose of such property by any act.
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extinguished at death
JURIDICAL PERSONS
Art. 44: Who are juridical
persons
Art. 45: What governs juridical
persons
Art. 46: Rights and obligations
of juridical persons
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THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3, 1988 signed by President Corazon Aquino (Executive Order 209)
REQUISITES OF MARRIAGE:
Article
Summary of Annotation
Additional
Info/Exceptions/Connected
with:
Art. 1: Marriage is a special contract of permanent
Nature of Marriage:
*Marriage as a special contract
union between a man and a woman entered into in
-Marriage is one of the basic civil rights of man. The
cannot be restricted by
accordance with the law for the establishment of
freedom to marry has been recognized as a vital personal discriminatory policies of
conjugal and family life.
right towards the pursuit of mans happiness.
private individuals or
It is the foundation of the family and an inviolable social -Still considered as a special civil contract regulated by
corporations.
institution whose nature, consequences, and incidents
law due to the high state interest in protecting and
are governed by law and not subject to stipulation,
safeguarding the family.
MAIL-ORDER BRIDE:
except that marriage settlements may fix the property
-A contract to marry, unlike other contracts, cannot be
considered as a criminal
relations during the marriage within the limits provided
modified or changed. Once it is executed a relation is
offense because marriage is
by the code.
formed between the parties that cannot be altered. The
vested with public interest.
law steps in to hold or bind the parties together.
(Connected with the Anti-A subsequent marriage between the rapist and raped
Trafficking Act)
victim extinguishes the criminal action or penalty of the
Acts punished:
rapist. In case of marital rape2
1. Carry on such a business
2. To advertise the promotion
Marriage Status: Marriage creates a social status, which of such acts.
the state is interested in protecting. It is a case where a
3. Solicit or attract or any
double status is created, involves and affects two
Filipino woman to become a
persons.
member in a club that matches
women for marriage to foreign
Marriage in International Law: men and women of full age nationals for a fee.
without any limitation due to race, nationality or religion
4. Use the postal service to
have the right to marry and found a family.
promote the prohibited acts.
1. Universal Declaration of Human Rights
2. International Covenant on Economic, Social and
VALIDITY OF MARRIAGE:
Cultural Rights
governed by the law effective
3. International Covenant on Civil and Political Rights.
at the time of the celebration
of the marriage.
2
Marital rape is now considered a crime wherein the legal husband is the offender and the wife is the victim. Prior to this marital rape was not considered a crime
because it was considered the right of the husband to have sexual intercourse with his wife whenever he pleased.
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CONSENT:
1. Must be freely given
2. Made in the presence of the solemnizing officer
- Absence of consent makes the marriage void.
However if there is consent but such was
obtained through force, fraud, undue influence,
etc then it is only voidable.
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MARRIAGE CEREMONY:
- Family code only recognizes ceremonial marriages but
there is no prescribed form of marriage ceremony.
- The minimum requirement is that the parties personally
appear before the solemnizing officer and declare that
they take each other in the presence of at least 2 witness
of legal age.
* Declaration does not have to be vocally expressed
may be inferred by the words used, the manner the
ceremony was made, etc. If a wedding took place there is
a presumption that there was an exchange of vows.
* The absence of 2 witnesses of legal age is merely an
irregularity in the ceremony and does not affect the
validity of the marriage.
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administrative liability.
Exceptions to venue stated:
1. When the marriage is in articulo mortis
2. When the marriage is in a remote place
(transportation etc. is difficult to come by)
3. When requested by both parties in writing.
- The marriage license should be procured from the civil
registrar of the city or municipality where either of them
resides. However if they obtain it from another place it is
merely an irregularity and does not affect the validity of
the marriage.
- The consular officials absorb the duties of the
local civil registrar and the solemnizing officer
when Filipinos wish to be married abroad.
- The ceremony and requirements should be in
accordance with Philippine law.
-
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- Emancipation is obtained at
18; marriage no longer
emancipates a child because
they must be 18 years of age
to marry.
- Contracting parties 18 years
old and above but BELOW 21
years of age must obtain the
consent of their father, mother,
surviving parent, or guardian in
the order mentioned. (Noncompliance makes the
marriage annullable)
The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear
personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties,
as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their
personally appearing before him, be convinced that either or both of them have the required age.
Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required to
furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the
deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of
nullity of his or her previous marriage.
In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance and
his or her actual civil status and the name and date of death of the deceased spouse.
Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are
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between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles,
exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian,
or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in writing by the
interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in
the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal
manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed
instead, shall be attached to said applications.
Art. 15: Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents
or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the
marriage license shall not be issued till after three months following the completion of the publication of the
application therefore. A sworn statement by the contracting parties to the effect that such advice has been sought,
together with the written advice given, if any, shall be attached to the application for marriage license. Should the
parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement.
Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in
addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister
authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper
government agency to the effect that the contracting parties have undergone marriage counseling. Failure to attach
said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three
months from the completion of the publication of the application. Issuance of the marriage license within the
prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the
marriage.
Should only one of the contracting parties need parental consent or parental advice, the other party must be
present at the counseling referred to in the preceding paragraph
Art. 17: The local civil registrar shall prepare a notice,
- It is the duty of the civil registrar to post a notice
which shall contain the full names and residences of the informing the public of the impending marriage. The
applicants for a marriage license and other data given in purpose of which is so that persons having knowledge
the applications. The notice shall be posted for ten
of any impediment to the marriage can inform the local
consecutive days on a bulletin board outside the office of civil registrar.
the local civil registrar located in a conspicuous place
- It is to be posted for 10 consecutive days on a bulletin
within the building and accessible to the general public.
board outside the office
This notice shall request all persons having knowledge
- The civil registrar shall be issued after the period of
of any impediment to the marriage to advise the local
publication.
civil registrar thereof. The marriage license shall be
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EXCEPTIONS:
1. The courts direct civil
registry to refuse
giving out the license
2. When the requited
certificate of legal
capacity of foreigners
is not given (Art. 21)
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mentioned in Article 8.
8. Statement in a will
* A certificate of marriage
made years after the marriage
is inadmissible as evidence.
- The local civil registrar is the government official
charged with the preparation and the keeping of all the
official documents.
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EXCEPTIONS to international
comity:
-Either or both contracting
parties are Filipinos and below
18 years of age
-Polygamous and bigamous
marriages recognized abroad
will not be valid here.
-Marriage abroad where there
is mistake of identity of the
other contracting party is not
recognized here.
-Marriage by a Filipino to one
who is psychologically
incapacitated is not valid here
-Marriages that are incestuous
are not valid here even if
celebrated abroad and valid
there. (Art. 37)
-Marriages against public
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abroad.
ART. 17: prohibitive laws concerning persons, their acts
or property and those which have for their object public
order, public policy and good customs shall not be
rendered ineffective by laws or judgments promulgated,
or by determinations or conventions agreed upon in a
foreign country
ABSOLUTE DIVORCE:
Absolute divorce is not recognized in the Philippines;
even if the couple was married abroad the divorce will
not be recognized here if one of them is a Filipino. The
divorce may be recognized in the foreign country where
it was obtained but not in the Philippines. But the
divorce of a foreign citizen abroad is recognized in the
Philippines as the Philippines recognizes legal capacity
of a foreign person.
*If a Filipino changes citizenship then he can get a
divorce and if he reacquires his Filipino citizenship
after that the divorce will still hold.
- If a Filipina marries a foreigner and the foreigner
obtains a divorce, the Filipina can marry.
- If the Filipina obtains a divorce although not
recognized in the Philippines, it will be
recognized against the foreigner and thus the
foreigner will not have legal standing to sue for
adultery or claim for property after the divorce.
MARRIAGES EXEMPT FROM LICENSE REQUIREMENT
Art. 27: In case either or both of the contracting parties
are at the point of death, the marriage may be
solemnized without necessity of a marriage license and
shall remain valid even if the ailing party subsequently
survives.
Art. 28. If the residence of either party is so located that
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MARRIAGES VOID AB INITIO: Not valid from its inception. No rights can flow from it and can never be ratified. (Judicial declaration of nullity).
Art. 35: The following marriages shall be void from the
Article 2, 3, 4: when all the essential and formal requisites of a marriage are absent
beginning:
- Only marriages declared by the legislature, as void should be treated as such.
(1) Those contracted by any party below eighteen
There can be no other void marriage except those provided by law.
years of age even with the consent of parents or
guardians;
Void Marriage
Voidable
(2) Those solemnized by any person not legally
Cant be a source of rights
Can be source of rights
authorized to perform marriages unless such marriages
Cant be ratified
Ratified by prescription or
were contracted with either or both parties believing in
cohabitation
good faith that the solemnizing officer had the legal
Can be attacked collaterally.
Can only be attacked directly
authority to do so;
Can be questioned after death
Only assailed during lifetime
(3) Those solemnized without license, except those
of parties
of parties
covered the preceding Chapter;
Action for nullity has no
Action prescribes
(4) Those bigamous or polygamous marriages not
prescription
failing under Article 41;
- Estoppel or acquiescence does not apply to remedy the infirmity of a void
(5) Those contracted through mistake of one
marriage. Thus if one of the parties stated under oath that they were 25 when they
contracting party as to the identity of the other; and
were actually 16 the marriage is void despite the oath.
(6) Those subsequent marriages that are void under
- Good faith and bad faith generally is immaterial in void marriages except: when
Article 53.
either of the parties believed in good faith that the solemnizing officer had the
authority to solemnize the marriage when in fact he had none. Second, in case the
spouse disappears for 4 years or 2 years in proper cases the present spouse may
marry again if there is a judicial declaration of presumptive death and at the time of
the celebration of marriage either spouse is in good faith that the absent spouse is
still absent.
Ex. W is married to H and W disappears for 4 years and is judicially declared
presumptively dead. H later on is to marry W2. W2 however sees W the day before
the wedding but does not tell H. As long as H is in good faith and does not know of
the presence of W the marriage will still be valid.
- Generally evidence other than a judicial declaration of nullity can be presented
except (direct attack needed) for purposes of remarriage, validity of marriage is
essential to the determination of the case, and when a donor desires to revoke a
donation propter nuptias.
BELOW 18 YEARS OF AGE: not capacitated to marry even if with parental consent.
History: 14 male, 12 female: minimum age for effective procreation
16 male, 14 female: Maturity and responsibility were taken into consideration.
Gender Roles: ability of men to provide and ability of women to care for the
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household.
18 for both: No significant difference in terms of maturity of male and female.
Science shows below 18 leads to unsafe pregnancies.
NON-AUTHORITY OF SOLEMNIZER:
Exception: If EITHER or both of the contracting parties believed in good faith that he had
such authority. The good faith of the party is what is referred to not the solemnizing officer.
- Unless it was ignorance of the law then the marriage will be void. The person must be
one of the people in Article 7 thus if a couple is married by a janitor, them believing that a
janitor can celebrate a marriage, the marriage will be void.
Exception: Marriage was done abroad and such officer is valid in that country
BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married men or women from
contracting a subsequent marriage when their consort is still alive.
Exception:
- That mentioned in Article 41 regarding appearance of a spouse after a declaration
of presumptive death.
- Those provided for under the Muslim code.
- When the first marriage was actually void with a judicial declaration of nullity.
Without judicial declaration of nullity then 2nd marriage will be void under Article 40.
MISTAKE IN IDENTITY: An instance of fraud, which is a ground for the nullity of the
marriage. Here the contracting party absolutely did not intend to marry the other, as the
same is not the person he or she actually knew before the marriage.
Does not include: mistake in name, character of person, attributes, age, social standing,
religion, pedigree, pecuniary means, temperaments, acquirements, condition in life,
previous habit.
VOID UNDER ARTICLE 53: Marriages that have annulled or declared null and void must
undertake the liquidation, partition and distribution of their properties, delivery of
presumptive legitimes, etc. to be able to remarry.
Psychological incapacity to comply with the essential
P.I.
Insanity
marital obligation of marriage at the time of marriage,
Cannot be
Can be
even if it becomes manifest after the solemnization of
cured
cured
the marriage.
No consent
Consent can
- Not defined and thus left on a court-to-court
present since be given
basis. A person may actually be efficient in
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he does not
know the
true meaning
of marriage
during lucid
interval
Article 68: husband and wife are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support. Article 69: Husband and wife shall fix the
domicile and in case of disagreement the court shall decide. Article 70: spouses are jointly responsible for the support of the family and the expenses for such support and other conjugal
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obligations shall be paid from community property, income or fruits of separate property, or separate property. Article 71: management of household shall be right and duty of both
spouses.
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Adopter
The adopted
The surviving spouse of the adopted
(Envisions that the marriage was
terminated due to death. But if the
marriage was terminated after the finality
of a nullity or annulment decree then they
can get married)
Adopted
The adopter
The surviving spouse of adopter
(Envisions that the marriage was
terminated due to death. But if the
marriage was terminated after the finality
of a nullity or annulment decree then they
can get married)
Legitimate children of adopter
Other adopted children of the adopter
Adopted
Parents of adopter
Illegitimate child of the adopter
Other relatives
Spouse of adopter if alive and not married
to adopter
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marriages.
STATUS OF CHILDREN: Children conceived during the
subsequent marriage contemplated in Art. 41 are
legitimate even if one of the contracting parties is in bad
faith.
EFFECT OF TERMINATION ON THE PROPERTY
REGIME: The property regime shall be dissolved and
liquidated. After the payment of all debts, the spouses
shall divide the net profits of the property equally or in
accordance with the stipulated sharing. If a spouse
acted in bad faith, the guilty spouse shall not get his
share in the net profits (his/her share will be forfeited in
favor of the common children, if none the children of the
guilty spouse by a previous marriage, if none to the
innocent spouse.
DONATIONS BY REASON OF MARRIAGE: If both
parties are in good faith, the donation shall be valid. If
the donee acted in bad faith in contracting the marriage,
the donation by reason of marriage is terminated by
operation of law. If both are in bad faith neither can
recover what they have given.
DESIGNATION AS BENEFICIARY IN INSURANCE
POLICY: The innocent spouse has the choice of
revoking the beneficiary in an insurance policy even if
the policy is irrevocable. (Should inform the insurance
company)
DISQUALIFICATION AS TO INHERITANCE: The
spouse who acted in bad faith shall be disqualified to
inherit from the innocent spouse. If both spouses are in
bad faith according to Article 44 the marriage is void and
the parties cannot inherit.
- The marriage shall be considered void only if
both spouses in the subsequent marriage are in
bad faith.
- The good faith of the spouse must be present
up to the time of the celebration of the
subsequent marriage.
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VOIDABLE MARRIAGES: valid up to the point when they are annulled. These are the only grounds, which can be considered for annulment
(exclusive).
Article
Annotation
Exception/ Filing:
Article 45: Must exist at the time of marriage - The parents of the child can annul the
Party to file suit: Parent or guardian before the
1. That the party in whose behalf it is sought to
marriage at any time prior to the time the child
child reaches 21 and the party who did not
have the marriage annulled was eighteen years reaches the age of 21.
obtain consent within 5 years after reaching 21.
of age or over but below twenty-one, and the
marriage was solemnized without the consent
Ratification: Through cohabitation after reaching
of the parents, guardian or person having
the age of 21 years old.
substitute parental authority over the party, in
that order, unless after attaining the age of
twenty-one, such party freely cohabited with the
other and both lived together as husband and
wife
2. That either party was of unsound mind,
- Must be clear that illness is serious that
* If the spouse knew that the spouse was
unless such party after coming to reason, freely cannot understand marriage contract at the time insane prior to the celebration of the marriage
cohabited with the other as husband and wife
of the marriage.
she cannot annul the marriage.
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NO RATIFICATION by cohabitation
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No ratification by cohabitation
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LEGAL SEPARATION: Does not affect the marital status of the couple, merely a separation of bed and board. (Exclusive list)
Violence Against Women and Children (VAWC RA 9262): includes spouse, girlfriends, and even one-night stands (level of intimacy). Men can file on
behalf of children. Many articles of VAWC encompass legal separation and if this is so the required cooling off period is no longer necessary.
Included as part of VAWC such as corruption (#3) included as violence, even psychological violence (bigamy, sexual infidelity).
- The children included in VAWC are those under the care of the women even those of the respondents child from a previous marriage.
Article 55: Happens after marriage ceremony
Physical violence here is measured not by the
* Does not include a ground for legal separation
1. Repeated physical violence or grossly
severity but by the frequency. However if it is
when the respondent-spouse inflicts violence on
abusive conduct directed against the petitioner, not repeated or is not physical violence it may
his/her own child from a previous marriage but
a common child, or a child of the petitioner
be considered as grossly abusive conduct.
may cause to suspend or terminate parental
authority.
Grossly abusive conduct need not be repeated
Art. 231 (1): Parental authority can be
but more of a serious act: rely on proportionality suspended when the parent treats the child with
and abusive conduct to what was committed.
excessive harshness or cruelty
- Continued indifference or aversion to
spouse and persistent neglect of duties
incident to marital relation, etc.
- Use of offensive and abusive language
with intent and fixed purpose of causing
unhappiness.
- Other acts of corruption, which do not
fall under prostitution.
2. Physical violence or moral pressure to
- There should be unity in the family and thus
*Enforce human rights through acceptance of
compel the petitioner to change religious or
the couple should learn to live with each others the others right
political affiliation
political ideas.
3. Attempt of respondent to corrupt or induce
- The children here may or may not be
* Other forms of corruption can fall under grave
the petitioner, a common child, or a child of the
emancipated.
abuse of conduct
petitioner, to engage in prostitution, or
- The corrupt act here refers to prostitution only,
connivance in such corruption or inducement
a mere attempt is enough the respondent need
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Art. 61: After the filing of the petition for legal separation,
the spouses shall be entitled to live separately from each
other
The court, in the absence of a written agreement between
the spouses, shall designate either of them or a third person
to administer the absolute community or conjugal
partnership property. The administrator appointed by the
court shall have the same powers and duties as those of a
guardian under the Rules of Court.
Art. 62: During the pendency of the action for legal
separation, the provisions of Article 49 shall likewise apply to
the support of the spouses and the custody and support of
the common children.
Art. 63: The decree of legal separation shall have the
following effects:
1. The spouses shall be entitled to live separately from each
other, but the marriage bonds shall not be severed;
2. The absolute community or the conjugal partnership shall
be dissolved and liquidated but the offending spouse shall
have no right to any share of the net profits earned by the
absolute community or the conjugal partnership, which shall
be forfeited in accordance with the provisions of Article
43(2);
3. The custody of the minor children shall be awarded to the
innocent spouse, subject to the provisions of Article 213 of
this Code; and
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REBUT:
1. Woman has certain rights and liberties,
which separate her from the man.
2. Absolute consent is not sound since
marriage itself is revocable.
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administrator of property.
Art. 73: Either spouse may exercise any
legitimate profession, occupation, business or
activity without the consent of the other. The
latter may object only on valid, serious, and
moral grounds.
In case of disagreement, the court shall decide
whether or not:
1. The objection is proper; and
2. Benefit has occurred to the family prior to the
objection or thereafter. If the benefit accrued
prior to the objection, the resulting obligation
shall be enforced against the separate property
of the spouse who has not obtained consent.
The foregoing provisions shall not prejudice the
rights of creditors who acted in good faith.
PROPERTY RELATIONS
Art. 74: The property relationship between
husband and wife shall be governed in the
following order:
1. By marriage settlements executed before the
marriage;
2. By the provisions of this Code; and
3. By the local custom.
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prevail.
EFFECT OF MARRIAGE SETTLEMENT:
1. Property in marriage settlement is
registered did not redound to family,
creditor cant get from co-owned
2. If marriage settlement is not registered,
can get from co-owned
3. If redounded to benefit of family can get
from co-owned even if not registered.
*Marriage settlement must be fair, they must
exercise good faith in contracting the marriage
settlement. However if the agreement is not fair
as long as the disadvantaged spouse shows
that he/she understood it then the marriage
settlement shall be maintained.
LOCAL CUSTOMS: rule of conduct formed by
repetition of acts uniformly observed as a social
rule, legally binding and obligatory.
- If a marriage settlement is absent or property
regime agreed upon is void, Absolute
community of property will govern.
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Article 80
Article 81
Effects on creditors
Marriage settlements
No marriage settlements:
Absolute community of
property.
DONATIONS
Art. 82: Donations by reason of marriage are
those, which are made before its celebration, in
consideration of the same, and in favor of one or
both of the future spouses.
Art. 83: These donations are governed by the
rules on ordinary donations established in Title III
of Book III of the Civil Code, insofar as they are
not modified by the following articles.
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Procedure--Movable:
1. Accepted personally or
representative
2. Made in lifetime of donor and
donee
3. Can be orally given as long as
with simultaneous delivery or
document representing right of
donated (if above 5000 then must be
46
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in writing)
Procedure--Immovable:
1.must be in public document
2. Acceptance made in that
document or separate
3. Must be made in lifetime of donor.
DONATIONS EXCLUDED:
1. Made in favor of the
spouses after the
celebration of the marriage
2. Executed in favor of the
future spouses but not in
consideration of marriage
3. Granted to persons other
than the spouses even
though they may be founded
on the marriage.
47
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automatically revoked
48
Property Regime
Absolute
community of
property
Art. 88: The
absolute community
of property between
spouses shall
commence at the
precise moment
that the marriage is
celebrated. Any
stipulation, express
or implied, for the
commencement of
the community
regime at any other
time shall be void
(Default regime if
nothing stipulate
exception:
subsequent
marriage after
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What included
All properties
owned before and
after.
Art. 91: Unless
otherwise provided
in this Chapter or in
the marriage
settlements, 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.
Art. 93: Property
acquired during the
marriage is
presumed to belong
What excluded
Article 92:
1.provided in marriage
settlement
2. Personal and exclusive
use of either spouse
(except jewelry)
- However if exclusive
property is used to
purchase something else
such property becomes
part of ACP
1.Property acquired by
gratuitous title including
the fruits and income
UNLESS the guarantor
expressly said they will
form part of ACP
- Must be a valid donation
(cant be donation made
by one spouse to another)
2.Property acquired by
either spouse who has
legitimate descendants
Notes
Art. 89: No waiver of rights,
shares and effects of the
absolute community of
property during the
marriage can be made
except in case of judicial
separation of property.
When the waiver takes
place upon a judicial
separation of property, or
after the marriage has been
dissolved or annulled, the
same shall appear in a
public instrument and shall
be recorded as provided in
Article 77. The creditors of
the spouse who made such
waiver may petition the
court to rescind the waiver
to the extent of the amount
sufficient to cover the
amount of their credits.
Charges
Article 94:
1. Support (spouses,
common & legitimate
children)
- Even beyond age of
majority
2. Debts & obligations
made by both,
administrator, or with
consent of other spouse
(even if did not redound)
3. D & O without consent
but redounded.
4. Expenses for community
property (taxes, liens,
charges)
5. Taxes & expenses for
preservation during
marriage of separate
property used by family
6. Expenses for selfimprovement or profession.
7. Antenuptial debts
Liquidation process
Termination:
Art. 97: Either
spouse may dispose
by will of his or her
interest in the
community property.
Art. 98: Neither
spouse may donate
any community
property without the
consent of the other.
However, either
spouse may, without
the consent of the
other, make moderate
donations from the
community property
for charity or on
occasions of family
rejoicing or family
distress
Article 99:
49
death will
automatically be
CSP if there was no
proper liquidation of
the properties of the
previous marriage)
Art. 90: The
provisions on coownership shall
apply to the
absolute community
of property between
the spouses in all
matters not
provided for in this
Chapter.
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to the community,
unless it is proved
that it is one of
those excluded
therefrom.
* No waiver of rights,
interests, shares, and
effects without judicial
separation or dissolution or
annulment of marriage
shall appear in a public
instrument (creditors may
rescind waiver up to extent
of the debt)
Art. 96: The administration
and enjoyment of the
community property shall
belong to both spouses
jointly. In case of
disagreement, the
husband's decision shall
prevail, subject to recourse
to the court by the wife for
proper remedy, which must
be availed of within five
years from the date of the
contract implementing such
decision.
In the event that one
spouse is incapacitated or
otherwise unable to
participate in the
administration of the
common properties, the
other spouse may assume
sole powers of
administration. These
powers do not include
disposition or encumbrance
without authority of the court
or the written consent of the
redounding to family
8. Donation made by both
spouses for children to
pursue vocation or selfimprovement
9. For illegitimate children,
fines for crimes/quasi delict
in case of insufficiency.
(Advances)
10. Expenses for litigation
* Solidary liability does not
include ante-nuptial debts
not redounding, support of
illegitimate, liabilities thru
crime/delict.
Art. 95: Whatever may be
lost during the marriage in
any game of chance,
betting, sweepstakes, or
any other kind of gambling,
whether permitted or
prohibited by law, shall be
borne by the loser and
shall not be charged to the
community but any
winnings therefrom shall
form part of the community
property.
1. Death
- Same proceeding as
settlement of estate.
Spouse shall liquidate
property if no judicial
settlement proceeding
within 1 year. After 1
year cannot may
encumbrance on
property.
2. Legal separation
4. Annulled or void
(governed by art. 147
& 148 except if void
under Article 40)
5. Judicial separation
of property
6. Reappearance of a
spouse presumed
dead.
Procedure:
Article 102:
1. Inventory (separate
and community)
2. D&O of ACP shall
be paid out, in case of
insufficiency solidarily
liable with separate
property.
3. Exclusive prop
delivered.
4. Net remainder of
ACP divided equally
unless different
proportion in
settlement or waiver.
5. Delivery of
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ACP
SEPARATION IN FACT:
Art. 100: The separation in fact between
husband and wife 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;
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presumptive
legitimates
6. Conjugal dwelling
with spouse with most
children
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ACP
Conjugal
Partnership of
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Article 121:
1.support of spouse common
Termination:
Article 126:
52
Gains:
Art. 105: In case
the future spouses
agree in the
marriage
settlements that the
regime of conjugal
partnership gains
shall govern their
property relations
during marriage,
the provisions in
this Chapter shall
be of
supplementary
application.
The provisions of
this Chapter shall
also apply to
conjugal
partnerships of
gains already
established
between spouses
before the
effectivity of this
Code, without
prejudice to vested
rights already
acquired in
accordance with the
Civil Code or other
laws, as provided in
Article 256.
Presumption is that
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1.Death
2.Legal Separation
3. Annulled or
declared void.
4.Judicial Separation
Article 127 and 128:
-Provisions on
separation in fact and
abandonment has the
same application as in
ACP article 100 and
101.
Procedure:
Article 129:
1.Inventory of
separate and conjugal
prop
2.Payment of
advances
3.Reimbursement to
the spouses.
4.D&O paid out by
CPG, insufficiency
solidarily liable.
5.exclusive prop
delivered
6.loss or deterioration
of movables paid from
CPG
7.Net remainder to be
divided (unless MS or
waiver)
8.Delivery of
presumptive legitimes
9.Conjugal dwelling
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all property
acquired during
marriage even if in
the name of one
spouse is conjugal
unless otherwise
provided.
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of a public instrument,
which shall be
recorded in the registry
of property of the place
the property is located.
will be charged.
If charges are paid, and no
property or insufficient
CPG pays:
-Fines, debts before the
marriage
-Support of illegitimate
*Subject to reimbursement
(ACP no need to pay out all
charges first)
Article 120
1.If improvement made by cp
is more than value of the
property, entire property will
be conjugal reimburse
spouse.
2. If amount is not more than
it will still be separate
property subject to
reimbursement to CPG.
(Ownership will vest upon
reimbursement)
Art. 123: Whatever may be
lost during the marriage in
any game of chance or in
betting, sweepstakes, or any
other kind of gambling
whether permitted or
prohibited by law, shall be
borne by the loser and shall
not be charged to the
conjugal partnership but any
winnings therefrom shall
form part of the conjugal
partnership property.
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CPG
CPG
CPG
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CPG
Separation of
property
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Revival:
Article 141:
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1.termination of civil
interdiction
2.Absentee reappears
3.court satisfied that
administration will not
be again abused
4.Resumption of
common life with
other spouse
5.parental authority
restored
6.reconciliation of
those separated in
fact
7.For those who
voluntarily separated
property, agree to
revive former property
regime (but after that
cant separate
property anymore)
- Art. 67 revival:
Agreement under oath
will state:
1.properties to be
contributed
2.those to be retained
as separate
3.names of known
creditors
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Marriage without
unions (governs
void marriages)
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Requisites:
1.Capacitated to marry each other
-Not capacitated: incestuous, against public policy, under
18, bigamous marriage
2.live exclusively with each other as husband and wife
3.Without benefit of marriage or under a void marriage.
*Includes marriages of psychological incapacity,
reappearance of wife, non-liquidation of property, absence
of formal requisites.
Structure:
1. Salaries and wages shall be owned by equal
shares
2. Property acquired with exclusive funds is owned
by them exclusively
3. Property acquired through work or industry
governed by co-ownership
4. Property acquired while they live together will be
owned by them in equal shares. (Contribution can
be in the form of care and maintenance of family,
household)
5. Fruits of separate property not part of coownership
6. Conjugal home will be owned equally.
-Cant encumber or dispose of his/her share without
consent of the other or after cohabitation.
-Can alienate in favor of the other his or her share BUT
cant waive any interest in co-ownership
-Void marriage: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants
3. Absence of descendants, innocent party
Void marriages included:
Art. 36: psychological incapacity
Art. 44: bad faith of both spouses in a subsequent
marriage
Art. 53: non-liquidation, dissolution, distribution of prop.
Those where there is absence of consent, authority of
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Marriage without
unions (governs
void marriages)
Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of insolvency
- Administration is joint by both spouses, husbands decision will prevail subject to recourse by the wife within 5 years from the contract implementing
the decision. Contract will be a continuing offer upon acceptance by other spouse or court order.
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Exception to earnest
efforts:
- Earnest effort is not
required if included in the
suit between family
members is a stranger
not of the same family.
- Does not apply to
cases, which may not be
compromised.
- Does not apply to
settlement of estate
guardianship, custody of
children, and habeas
corpus
* Exemption from
execution is not absolute
as it is subject to certain
limitation such as
indebtedness in certain
instances (to be
discussed in the next
articles)
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ILLEGITIMATE
Children born or conceived outside a valid
marriage or in a void marriage unless
otherwise provided
NOTES
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their marriage.
IN CASE OF 2 MARRIAGES:
- If child is born within 180 days after the second
marriage and within 300 days after the termination
of the first marriage the child shall be considered to
have been conceived of the first marriage unless
other proof is given.
- If the child is born after 180 days after the second
marriage the child shall be considered to have been
conceived of the second marriage unless other
proof is given.
*But either way the child is still legitimate.
- If there is no subsequent marriage after 300 days after the
termination of the marriage there is no presumption and thus
convincing proof is necessary.
Prescription for impugning the legitimacy of the child
1. Within one year from the knowledge of the birth or
its recording if husband resides in city where birth
took place or recorded.
2. Within 2 years, if the husband lives elsewhere in the
Philippines.
3. Within 3 years, if he lives abroad
4. If the birth of the child has been concealed,
prescription will begin from the discovery or
knowledge of birth of child or the fact of registration
of the birth (whichever is earlier).
65
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66
2.
3.
4.
5.
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SUPPORT
Art. 194: Support comprises everything
indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation,
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1. Spouses
2. Legitimate ascendant and descendants
3. Parents and their legitimate children and their
illegitimate/legitimate grandchildren
4. Parents and their illegitimate children and their
illegitimate/legitimate grandchildren
5. Legitimate brothers and sisters whether whole or
half blood
6. Brothers and sisters not legitimately related are
also obliged to support unless if he/she is of age
and is due to claimants fault or negligence no
support.
- A child inside a womb is already considered born thus
entitled to all benefits that accrue to him/her provided that
the child is born after.
-
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Demanding support
Demandable from the time person who has the
right to receive it needs it (need for support is not
presumed, must be established).
No support given without judicial or
extrajudicial demand. (Made within the first 5
years of every month)
Demand is essential shows manifestation of
needs.
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PARENTAL AUTHORITY
Art. 209: Pursuant to the natural right and duty of
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*parental authority is
automatically reinstated upon
service of sentence or pardon.
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Summary proceedings:
- claims for damages by either spouse must be done in a separate action.
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Preliminary conference: done by judge with the parties w/o counsel. But if the court deems it necessary, they can be assisted by counsel
after.
- Decisions become final and executory immediately (no more lapse of 15 days etc) however aggrieved party can still appeal to higher courts
on the basis of denial of due process.
Family courts:
- shall establish family courts in every province and city. If the city is the capital of the province then in the municipality with the highest number
of people.
Jurisdiction over:
1. criminal cases of those 9-18 years of age (but all cases concerning determination of age still with family courts)
2. petitions for guardianship, custody, habeas corpus
3. adoption and revocation thereof
4. annulment, nullity, relating to marital status, property relations, dissolution of CPG
5. support and acknowledgment
6. summary judicial proceedings
7. declaration of status of children, commitment of children, suspension termination or restoration of parental authority.
8. Constitution of family home
9. Cases against minors (dangerous drugs act)
10. Violations of 7610
11. Violations against VAWC (unless becomes criminal in which case offender will be subject to criminal proceedings)
*if any become an incident to a case pending in the regular courts it shall be decided there.
Funerals:
- same arrangement established for support (spouses, descendants then ascendants in the nearest degree, brothers and sisters above 21)
Brothers and sisters or descendants oldest are preferred, ascendants paternal is preferred.
- In keeping with the social position of the deceased, and in accordance to the expressed wishes of the deceased, in the absence religious
beliefs, in case of doubt shall be decided upon by the person making the arrangements after consultation with the family.
- Human remains cant be disposed or exhumed without the consent of the persons in arrangement.
- A person who allows disrespect to the dead will be liable to the family for moral and material damages.
- Mausoleum or a tomb is part of funeral expenses, which shall be chargeable to the property regime if the spouse is making arrangements.
USE OF SURNAMES
Art. 364: Legitimate and legitimated children shall
principally use the surname of the father.
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of the adopter.
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84
citizenship.
Art. 377: Usurpation of a name and surname may
be the subject of an action for damages and other
relief.
Art. 378: The unauthorized or unlawful use of
another person's surname gives a right of action to
the latter.
Art. 379: The employment of pen names or stage
names is permitted, provided it is done in good
faith and there is no injury to third persons. Pen
names and stage names cannot be usurped.
confusion.
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Presumption of death
through absence
Presumption of death in
dangerous situations
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1.
2.
3.
4.
-
Inter-country Adoption:
- Socio-legal process of adopting a Filipino Child by a foreign national or Filipino Citizen residing abroad where petition for adoption is filed
Inter-country adoption board: act as central authority for all matters relating to inter-country adoption
- Board shall ensure that adoption in family code has been exhausted and inter-country adoption is in the best interest of the child.
- The board upon recommendation of the placement committee shall only approve matching of a child to a foreign adoptive family.
Functions of Board:
1. Rules and regulations
2. Guidelines for the convening of inter-country adoption placement committee
3. Guidelines for Matching/Collection
4. Fees and Charges to be executed
5. Form and Contents of application
6. Formulate policies etc to protect children
7. Prevent improper financial gain
8. Promote development of adoption service
9. Accredit/authorize foreign adoption agency
10. Ensure confidentiality of records
11. Prepare/Modify agreements
12. Assist other agencies
13. Others
Who may be adopted: Only a legally free child (voluntarily or involuntarily committed)
Who may adopt: Any alien or Filipino citizen residing abroad provided:
1. At least 27 years old and 16 years older then the adopted unless adopter is biological parent. If married, they must jointly file adoption.
2. Has capacity to act and assume rights and responsibilities of a parent under his national laws. Also has undergone counseling form an
accredited counselor in his/her country
3. Not been convicted of a crime involving moral turpitude
4. Eligible to adopt under his nationality laws
5. Able to give proper care and support
6. Agrees to uphold basic rights of child
7. Comes from a country that the Philippines has diplomatic ties with. (Philippine maintains authorized and accredited agency, adoption is
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Attempt to commit: Any person who is in a secluded area with a child and such person is not a relative.
Child trafficking: trading, dealing, buying, and selling of children
Attempt to commit: Child travels alone to foreign country without reason or clearance form DSWS, pregnant women consents to adoption
for a consideration, establishment which recruits women to bear children. Person engaged in finding children from low-income families.
Obscene publications and indecent shows: perform obscene exhibitions in shows, video or model and sells/distributes this.
Other acts of abuse: use coercion, force or intimidation to make a child beg, traffic drugs, or conduct other illegal activities
- Establishments where these acts are done will be closed and their license to operate will be canceled.
Working Children: below 15 years of age can work provided:
1. Work permit from DOLE
2. Employer shall ensure protection, health, safety, morals
3. Prevent exploitation or discrimination
4. Continuous training of child
- Cant employ child in commercials for alcohol, tobacco, violence
Children of Indigenous Cultural Communities:
- Institute an alternative education for children which is culture specific and relevant to their needs
- Delivery of basic social services.
Situations of Armed Conflict:
- Policy of state to resolve such for best interest of children
1. Shall not be object of attack; entitled to special respect
2. Not recruited in army
3. Delivery of basic social services
4. Public infrastructures (schools, hospitals) not to be used
5. Facilitate reunion of families
Children arrested for reasons of armed conflict:
1. Separate detention cells from adults unless they are family.
2. Immediate free legal assistance
3. Immediate notice to parents
4. Release within 24 hours to DSWD or other
Who may file: offended parents/ guardians, ascendants, relative within the 3rd degree of consanguinity social worker of DSWS or other,
Barangay chairman, 3 citizens of the place where it occurred.
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Article 87
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92
2. Article 44: When both spouses acted with bad faith then all donations and testamentary dispositions shall be revoked.
3. Article 64: (Legal separation) the offending spouse will be disqualified from inheriting from innocent spouse in intestate succession,
provisions in favor of the offending spouse in the will of the innocent spouse shall be revoked by operation of law.
4. Article 81: Donations and other stipulations made in the marriage settlement by reason of marriage shall be revoked by operation of law is
marriage is not celebrated
5. Article 87: Donations between husband and wife (direct or indirect), or those who cohabit = void
a. Even if made by both spouses for a purpose other than vocational or professional.
6. Donations given to one by another when they have committed adultery or concubinage is void and revoked by operation of law.
CHILDREN:
Rights under title 12 of civil code
1. entitled to parental care
2. receive at least elementary education
3. moral and civic training
4. live in an atmosphere conducive to his physical, moral and intellectual development
duties of the child
1. obey and honor his parents or guardian
2. respect his grandparents, old relatives and those with substitute parental authority.
3. Exert his utmost for his education and training.
4. Cooperate with the family
Legitimate
Those conceived in the 15-day period prior to the finality of the
decree of annulment.
Conceived or born before a voidable marriage is terminated
Children conceived or born in a void marriage pursuant to article 40,
52, and 53
Children conceived or born in a void marriage because of
psychological incapacity
*but if child was conceived and born prior to the marriage, marriage
does not make child legitimate
Children conceived and born prior to the marriage if there are no
legal impediments at that time then the subsequent marriage will
make them legitimate.
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Illegitimate
Children born in a valid marriage but is impugned by the
father
Children conceived or born in a void marriage
Cannot be legitimated: when from an adulterous
relationship or bigamous marriage.
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94
3. Accused of a crime
4. Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer
within a month unless authorities have already taken action. (not applicable wherein law there is no obligation to
make an accusation.
5. Person convicted or adultery or concubinage with the spouse of the testator
6. Cause testator to make or change will
7. By same means, prevents one from making will, revoking will, or concealing will
8. Falsifies or forges will of decedent
b. Incapable of succeeding
i. Art. 1027: the following are incapable of succeeding
1. Priest etc who hear confession of testator during his last illness or minister who extended spiritual aid to him
2. Relatives of 1 within the fourth degree, the church or institution to which such minister may belong
3. Those made to a guardian by his ward before the final accounts have been approved unless guardian is ascendant,
descendant, brother or sister or spouse
4. Any attesting witness to the execution of a will, the spouse, parents or children or an one claiming under such
witness, spouse, parents or children.
5. Physician, surgeon, nurse, etc who took care of testator during last illness
6. Individuals, associations, corporations not permitted by law to inherit.
Abandonment: he or she has left the conjugal dwelling without intention of returning. A spouse who has left the conjugal dwelling for a period of 3
months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention
of returning to the conjugal dwelling. (physical, financial and moral desertion)
- spouse can seek for receivership, judicial separation of property, and sole administration
- abandonment for more than one year can lead to legal separation
Deadlines:
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Article
Article 30
Article 38
Article 47
*If ratified then can no longer
be annulled.
Article 47
Article 47
Article 47
Article 47
Article 47
Article 50-51
Article 57
Article 58
Article 61
Article 61
Article 64
Article 182
D. Sobrepea
Contents
Marriage certificate with affidavit for marriages in
articulo mortis or remote residence
Action or defense for absolute nullity (anyone can file)
Deadlines/prescriptions
Within 30 days after the performance of the
marriage
Does not prescribe
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