PERSONS

09272016

ground for judicial sep includes the idea of support, parental authority, respect for spouses, etc
final decision of the case is enough
final decision = becomes executory after 15 days, assuming that the parties did not file an appeal
when there is NO other remedy available (acceptance of the party)
civil interdiction capacity is frozen, cannot exercise
declaration of absence happens before the dec of presumptive death
2 years for disappearance
5 years if administration is left with another person
the dierence: leaving the administration MIGHT leave a trace of not wanting to abandon or leave
the spouse is not bound to wait in limbo / for nothing
basically protecting the assets from creditors (purpose of judicial separation)
judicial sep will only take eect after 6 months following its publication in newspapers of general
circulation (this is to protect the creditors; applies for the liquidation of the previous property regime)
loss of parental authority MUST have been judicially declared
NOT just corporal abuse/punishment towards children
corporal punishment is based on a standard
if abuse: THERE HAS TO BE MALICE, ABUSE, BAD FAITH
legitimation happens only when the parents have the capacity to be married
abandonment Article 101; receivership is a remedy
receivership happens when someone is on the point of being bankrupt, or is already bankrupt
to protect all the parties
abuse of administrative power wilful and utter disregard of the interest of the partnership
if one is bad at business, it cannot be a ground for the separation of the partnership
separation by fact 1 year and improbable reconciliation
voluntary separation of property can only be done ONCE
separation or liquidation can be done through court assistance in cases if the spouses have not
agreed on a concrete plan regarding the separation of their property
no need for publication
not irrevocable if they did not list down the creditor because the creditors shall not be prejudiced
ACP or CPG shall support the spouse and children
recorded in the LCR AND the Registries of Property
shall take eect upon the judgment of the separation (final judgment)

ART. 141 revival of the previous property regime

can still ask for separation but it should be for a dierent charge/oense
filed in the same court where they filed for the separation of property (not a dierent case, just a motion
for the revival of the previous property regime)

ART. 142 administration of the exclusive property

guardianship happens when the other spouse becomes incapacitated
fugitive
absentee
civil interdiction
separated in fact
usually for the binding of contracts when it comes to the authority of the property especially when it is
being rented

CSP
can be a hybrid property regime (like some property can be part of the ACP or CPG, while the rest are
under CSP)
present or future property OR BOTH (Marriage settlement)
can be TOTAL or PARTIAL

should be specifically stated

 should be specifically stated
CANNOT commence at any other time other than after the marriage has been celebrated
obligations are supposed to be in proportion to the income

PROPERTY REGIME WITHOUT MARRIAGE

Art36 (not really a void marriage)= children are legitimate
San Louis (???) VS San Louis
if they constructed the house, one spouse cannot make the other leave because of the presumption
that it is co-owned
property regimes will only apply when there is a valid marriage
147 VS 148
no provision on conjugal dwelling for both articles, conjugal abode shall be divided equally
147 doesnt dwell on the capacity of any of the parties
has more protection for both spouses
properties are earned by joint eorts (presumption)
she has contributed even if she has only taken care of the family
148 dwells on the incapacity of any of the parties
when there is a legal impediment
even if they have been together for so long, the only thing that matters is what they have
contributed to the union
exception to the exception: proof of marriage in 148
147 = SPECIAL CO-OWNERSHIP
REVIEW STRUCTURE (STA MARIA)
Maxi (????) VS CA
owned equally (property obtained while living together)
forfeiture of the net share when there is bad faith
obtained by JOINT EFFORTS (care and maintenance is enough)
the other party cannot dispose any property without the consent of the other
exclusivity
capacity to marriage
under void marriages (psychological incapacity, bad faith in presumptive declaration of death, no
partition liquidation, no consent by the parent of the spouse who needs it, no authority of the
solemnizing ocer, no marriage license, no marriage ceremony)
example: union of kurt russell (and someone???)
148 = LIMITED CO-OWNERSHIP
properties are owned in proportion to their contribution unless one of the parties are already married
REVIEW STRUCTURE (STA MARIA)

FAMILY AS AN INSTITUTION
family in so far as there is an earnest eort to a compromise
family relations:
husband and wife
parents and children, adopted and legitimate
brothers and sisters, full or half-blood
the presence of a stranger is an exception to the requirement of an earnest eort at a compromise
no prescriptive period between the family relations

FAMILY HOME
has to be owned by at least one of the spouses
you cannot consider a rented house as a family home
modequillo VS breva
exempted from execution
if a couple cannot pay their debts, and they only have their home, it cannot be sold o by the creditor
who is suing for the repayment of the debt
exception to the exception:
non-payment of taxes

debts incurred BEFORE the constitution of the FH

 debts incurred BEFORE the constitution of the FH
debts secured by mortgages BEFORE OR AFTER
debts due to laborers, mechanics, architects, builders, materialmen and others who rendered
service or furnished material for the construction of the FH
still considered a family home when you buy land with a contract to sell (ownership transfers upon the
payment of the last installment)
a condo unit can be a family
if you have a lot of residences, the family home shall be the house where the family spends most of their
time
constituted from the time it is occupied by the family, as long as the beneficiaries are residing therein
an unmarried person who is the head of the family
beneficiaries:
parents
children, legitimate or illegitimate
ascendants
descendants
brothers and sisters, legitimate or illegitimate
jointly constituted by the husband and the wife, the in-laws can be beneficiaries of the FH if they reside
therein
spouses cannot constitute separate family homes
under the Civil Code constitution of the family home can either be done judicially or extrajudicially
(recording a public instrument)
considered as constituted upon the declaration judicially or extrajudicially
upon the eectivity of the Family Code, where the family resides shall be considered the family home
even if there is no constitution judicially or extrajudicially

ART. 157 Value of the family home

300,000 in urban areas
200,000 in rural areas

ART 159
remains as a FH as long as there are beneficiaries for 10 years
exception:
if there is a minor beneficiary even if it lapses the 10 year period
exception to the exception:
court decision brought about by a compelling reason