Académique Documents
Professionnel Documents
Culture Documents
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
basis
for
determining
personal law of an
individual is his
citizenship
LEX
NATIONALII
LEX REI
SITAE
LEX LOCI
CELEBRATIONIS
Art.
15,
CC
Citizenshi
p is the
basis for
determini
ng the
personal
law
applicable
Art. 16, CC
Art. 17, CC
Law of the
place
where the
property is
situated is
the basis
for
determinin
g law
applicable
Law of the
place where
the contract
was executed
is the basis
for
determining
law applicable
Covers
family
rights &
duties,
status,
condition
& legal
capacity
Exception
:
Art. 26,
par. 2 of
Family
Code
Covers both
real &
personal
property
Covers only
the forms &
solemnities
(extrinsic
validity)
Exceptions:
(CIAO)
1. Capacity
to succeed
2. Intrinsic
validity of
the will
3. Amount
of
successiona
l rights
4. Order of
succession
Exceptions:
1. Art. 26,
par. 1 of
Family Code
(marriage
involving
Filipinos
solemnized
abroad, when
such are void
in the
Philippines)
2. Intrinsic
validity of
contracts
Renvoi Doctrine
Where the conflict rules of the
forum refer to a foreign law, and
the latter refers it back to the
internal law, the latter (law of
the forum) shall apply.
NOTE: If the foreign law refers it to a
third country, the said countrys laws
shall govern, and is referred to as the
transmission theory.
Doctrine of Processual Presumption
The foreign law, whenever
applicable, should be proved by
the
proponent
thereof;
otherwise, such law shall be
presumed to be exactly the same
as the law of the forum.
Rule on Prohibitive Laws
Prohibitive
laws
concerning persons, their acts or
property and laws which have for their
object public order, public policy or
good customs are not rendered
ineffective
by
laws,
judgments
promulgated or conventions agreed upon
in foreign country.
Art. 26, par. 2 Family Code
Example: Divorce law
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
PERSONS
CIVIL PERSONALITY
aptitude of being the subject,
active or passive, of rights and
obligations
JURIDICAL
CAPACITY
CAPACITY TO ACT
Fitness to be the
subject of legal
relations
Passive
Inherent
Lost only through
death
Can exist without
capacity to act
Cannot be
limited or
restricted
Merely acquired
Lost through death
and other causes
Cannot exist without
juridical capacity
Can be restricted,
modified or limited
Applies to juridical
persons
This limits the power
of juridical persons
only to those that are
expressly conferred
upon them or those
which can be implied
therefrom or
incidental thereto
Natural persons
Birth
determines
personality.
The law considers the
conceived child as born for all purposes
favorable to it if born alive. Therefore,
the child has a presumed personality,
which has two characteristics:
1. limited; and
2. provisional/conditional
(Quimiguing vs. Icao)
NOTES:
The presumption as to the childs
personality applies only in cases
beneficial to the child.
The
concept
of
provisional
personality CANNOT be invoked to
obtain damages for and in behalf of
an aborted child. (Geluz vs. CA)
denotes a FIXED
PERMANENT
RESIDENCE, which
when absent, one
has the intention of
returning
There can only be
ONE place of
domicile
Elements of Domicile
a. Physical presence in a fixed place
b. Intention to remain permanently
(animus manendi)
Kinds of Domicile
1. Domicile of origin - received by a
person at birth.
2. Domicile of choice - the place freely
chosen by a person sui juris.
3. Constructive domicile - assigned to a
child by law at the time of his birth.
II. FAMILY CODE
took effect August 3, 1988
MARRIAGE
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.
Its nature,
consequences and incidents are fixed
by law and cannot be the subject of
stipulation.
Essential requisites: (LC)
1. Legal capacity of the contracting
parties, who must be a male and a
female
2. Consent freely given in the presence
of a solemnizing officer
Formal requisites: (ALM)
1. Authority of the solemnizing officer
2. Valid Marriage License
3. Marriage ceremony where the
contracting parties appear before
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
VOID
Decree of nullity
VOIDABLE
Decree
of
annulment
Never be ratified
Ratified by free
cohabitation
Attacked directly or Attacked
directly
collaterally
only
Co-ownership
Conjugal
Partnership
Always void
Valid until annulled
Action for
Action prescribes
declaration of
nullity does not
prescribe
Psychological Incapacity
no exact definition but is restricted
to psychological incapacity to
comply with the essential marital
obligations of marriage
involves a senseless, protracted and
constant refusal to comply with the
essential marital obligations by one
or both of the spouses although he,
she or they are physically capable of
performing such obligations (Chi
Ming Tsoi vs. CA)
Essential elements: (MAVFFCCI)
a. Mental condition
b. Applies to a person who is
maritally contracted to another
c. Marriage entered into with
volition
d. Failure to perform or comply
with the essential obligations in
marriage
e. Failure to perform is chronic
f. Cause is psychological in nature
g. Cause is serious, with juridical
antecedence and must be
incurable
h. Incapacity results in the failure
of the marriage.
When
the
following
conditions concur, the subsequent
bigamous marriage shall be valid:
1. absence of the other spouse
must have been for four
consecutive years, or two years
where there was danger of death
2. well-founded belief of the
present spouse that absent
spouse was already dead
3. judicial
declaration
of
presumptive death
EFFECTS
OF
TERMINATION
OF
SUBSEQUENT MARRIAGE: (ICADI)
1. Children of the subsequent marriage
conceived prior to its termination
shall be considered legitimate;
2. The absolute community or conjugal
partnership shall be dissolved and
liquidated. If either spouse acted in
bad faith, his/her share in the net
profits shall be forfeited:
a. in favor of the common children;
b. if none, in favor of the children
of the guilty spouse by previous
marriage; or
c. in default of children, in favor of
the innocent spouse;
3. Donations by reason of the marriage
remain valid except if the donee
contracted the marriage in bad
faith;
4. The innocent spouse may revoke the
designation of the spouse in bad
faith as the beneficiary in any
insurance policy; and
5. The spouse who contracted the
subsequent marriage in bad faith
shall be disqualified to inherit from
the innocent spouse by testate or
intestate succession.
NOTE: The above effects apply in
voidable bigamous marriages. Except for
(1), the above effects also apply to
marriages which are annulled or
declared void ab initio under Art. 40 of
the Code.
DECLARATION OF PRESUMPTIVE DEATH
Requisites: (MR-BF)
1. That the absentee spouse has been
missing for 4 consecutive years or 2
consecutive
years
if
the
disappearance occurred where there
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
10
is
danger
of
death
under
circumstances laid down in Art.391
of the NCC
2. The present spouse wishes to
remarry;
3. The present spouse has well-founded
belief that the absentee is Dead;
4. The present spouse files a summary
proceeding for the declaration of
presumptive death.
NOTE: The
present
spouse
must
establish that he had a well-founded
belief required by law that his absent
wife was already dead that would sustain
the issuance of a court order declaring
presumptive death. In the case of RP vs.
Nolasco,
The
SC
believed
that
respondent Nolasco failed to conduct a
search for his missing wife with such
diligence as to give rise to a wellfounded belief that she is dead. When
he arrived in San Jose, Antique after
learning of his wifes departure, instead
of seeking the help of local authorities
or of the British embassy, he secured
another seamans contract and went to
London, a vast city of many millions of
inhabitants, to look for her there. (RP
vs. Nolasco)
Effect of
Spouse:
Reappearance
of
Absent
The subsequent
bigamous marriage under Article 41
remains valid despite reappearance of
the absentee spouse.
If the reappearance was
made in a sworn statement recorded in
the civil registry, the subsequent
marriage is automatically terminated.
If there
was a previous judgment annulling or
declaring the first marriage a nullity, the
subsequent bigamous marriage remains
valid.
VOIDABLE MARRIAGES
Grounds: (UP-FAVS)
1. Age of the party in whose behalf it is
sought to have the marriage
annulled was 18 years of age or over
but below 21, and the marriage was
solemnized without the consent of
the parents, guardian or person
exercising
substitute
parental
2.
3.
4.
5.
6.
11
Persons
Who May
Sue
1.Force,
Injured party
intimidation
, or undue
influence
2. Fraud
Injured party
4. Insanity
5. Nonconsent
6. STD
(a)
sane
spouse who
has
no
knowledge of
the insanity
(b) relatives,
guardians or
persons having
legal
charge of the
insane
(c)
insane
spouse
(a)
parent/
legal
guardian
having charge
of the noconsent
party
(b)
no
consent
party
Injured party
Prescripti
ve Period
w/in
5
years from
the
time
the force,
intimidatio
n, or undue
influence
ceased
w/in
5
years from
the
discovery of
fraud
w/in
5
years after
the
celebration
of
the
marriage
(a) anytime
before the
death
of
either
party
(b) anytime
before the
death
of
either
party
(c) during
lucid
interval or
after
regaining
sanity
(a) anytime
before the
no
consent
party
reaches 21
(b) w/in 5
years after
reaching 21
w/in
5
years after
the
celebration
of
the
marriage
ADDITIONAL
REQUIREMENTS
FOR
ANNULMENT OR DECLARATION OF
NULLITY
1. Prosecuting attorney or fiscal
should:
a. Take steps to prevent collusion
between the parties
b. Take care that evidence is not
fabricated or suppressed
2. The
following
must
be
accomplished:
a. Partition and distribution of the
properties of the spouses
b. Delivery of the childrens
presumptive legitimes
c. Recording of the judgment of
annulment or absolute nullity.
NOTES:
There will be collusion only if the
parties had arranged to make it
appear that a ground existed or had
been committed although it was not,
or if the parties had connived to
bring about a matrimonial case even
in the absence of grounds therefore.
(Ocampo vs. Florenciano)
A grant of annulment of marriage or
legal separation by default is fraught
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
12
NOTES:
Cooling-off Period 6 months
period designed to give the parties
enough time to further contemplate
their positions with the end in view
of attaining reconciliation between
them.
The enumeration in Article 55
regarding
legal
separation
is
EXCLUSIVE. (Lacson vs. San JoseLacson)
Grounds for denial of petition:
(CCCC-MP-DR)
a. Condonation -NOTE: failure of the
husband to look for his adulterous
wife is NOT condonation to wife's
adultery. (Ocampo vs. Florenciano)
b. Consent
c. Connivance
d. Collusion
e. Mutual Guilt
f. Prescription
g. Death of either party during the
pendency of the case (Lapuz-Sy vs.
Eufemio)
h. Reconciliation of the spouses during
the pendency of the case
Effects of filing petition:
a. The spouses shall be entitled to live
separately from each other.
b. The husband shall have no more
right to have sexual intercourse with
his wife.
c. In the absence of an agreement
between the parties, the court shall
designate the husband, the wife, or
a 3rd person to manage the absolute
community or conjugal partnership
property.
13
1.
2.
3.
4.
Requisites:
made before celebration of marriage
in writing (even modifications)
signed by the parties
not prejudice third persons unless
registered in the civil registry
5. to fix terms and conditions of their
property relations
6. additional signatories
a. 18-21: parents
b. civil interdictees & disabled:
guardian
Not applicable when:
1. both spouses are aliens, even if
married in the Philippines
2. as to extrinsic validity of contracts
3. contrary stipulation
DONATIONS BY REASON OF MARRIAGE
Requisites: (COBB)
1. made before celebration of marriage
2. in consideration of marriage
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
14
DONATIONS
PROPTER
NUPTIAS
ORDINARY
DONATIONS
Governed
by rules on
donations
(Arts. 725773, NCC)
Grounds
Art. 86, FC
for
revocation
Arts. 760,
764, & 765,
NCC
of
the
community
15
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
16
NOTE:
However,
in
conjugal
partnership, actual use need not be
proved because it is presumed.
5. All taxes and expenses for mere
preservation made during the
marriage
upon
the
exclusive
property of either spouse used by
the family;
6. Expenses for education or selfimprovement of either spouse;
7. Ante-nuptial debts of either spouse
insofar as they have redounded to
the benefit of the family;
8. The value of what is donated or
promised by both spouses in favor of
their common legitimate children for
education or self-improvement; and
9. Expenses of litigation between
spouses unless found to be groundless.
NOTES:
The separate properties shall be
solidarily and subsidiarily liable for
the obligations if the community or
conjugal properties are insufficient.
The absolute community property
shall also be liable for ante-nuptial
debts mentioned above, support of
illegitimate children, and liabilities
incurred by either spouse by reason
of a crime or quasi-delict in case of
insolvency of the exclusive property
of the debtor-spouse. Payment of
which shall be advanced by the
absolute
community
property,
subject to deduction from the share
of the debtor-spouse.
The conjugal partnership property
shall likewise be liable for the
payment of the personal debts of
either spouse insofar as they have
redounded to the benefit of the
family.
Indirect benefits that might accrue
to a husband in his signing a surety
or guarantee agreement not in favor
of the family but in favor of his
employer corporation are not the
benefits that can be considered as
giving a direct advantage accruing to
the family. Hence, the creditors
cannot go against the conjugal
partnership property of the husband
in satisfying the obligation subject of
the surety agreement. A contrary
1. Without
legal
impediment to
marry
2. Void
marriages due
to absence of
formal
requisite
OF
UNIONS
Art. 148
1. With legal
impediment to
marry
2. Adulterous
relationships
3. Bigamous or
polygamous
marriages
4. Incestuous
17
void marriages
under Art. 37
5. Void
marriages by
reason of
public policy
under Art. 38
Separately
owned by the
parties
Governed by
the rules on
coownership
PresumpPresumption
tion (prima of joint
acquisition
facie)
and equal
sharing as to
property
acquired
while they
live
together.
Owned by
them in
common in
proportion to
their
respective
contributions
No
presumption
of joint
acquisition.
When there is
evidence of
joint
acquisition but
none as to the
extent of
actual
contribution,
there is a
presumption
of equal
sharing.
If one of the
parties is
validly married
to another,
his/her share
in the coownership
shall accrue to
the absolute
community or
conjugal
partnership
existing in
such valid
marriage.
If the party
who acted in
of waiver by
any or all of
the common
children or
their
descendants,
in favor of
the innocent
party.
bad faith is
not validly
married to
another or if
both parties
are in bad
faith, such
share shall be
forfeited in
the manner
provided in
the last
paragraph of
Article 147.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
18
FAMILY HOME
The family home is
exempt from execution, forced sale or
attachment.
(PLMN)
1. debts
incurred
prior
to
constitution
2. debts
due
to
laborers,
mechanics, architects, builders,
material men and others who
have
rendered
service
or
furnished materials for the
construction of the building
3. debts secured by mortgages
4. non-payment of taxes
Guidelines:
1. deemed constituted from time of
actual occupation as a family
residence
2. must
be
owned
by
person
constituting it
3. must be permanent
4. rule applies to valid and voidable
and even to common-law spouses
under Articles 147 and 148
5. continues despite death of one or
more spouses or unmarried head of
the family for 10 years, or as long as
a minor beneficiary lives
6. can constitute one (1) family home
only
PATERNITY AND FILIATION
Rule on Children Conceived as a Result
of Artificial Insemination
Status is legitimate child, provided
both husband and wife authorized or
ratified the insemination in a written
instrument which they executed and
signed before the birth of the child
Legitimate Children
Only those who
are conceived or born during a valid
marriage
(CAVALAC)
Those children who are
1. Conceived as a result of artificial
insemination
2. Born of a voidable marriage
before decree of annulment
3. Conceived or
born
before
judgment of annulment or
absolute nullity under Art. 36
19
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
20
Receive support
from parents
Entitled to the
legitime & other
successional rights
Use of mothers
surname
NOTE: However, RA
9255 amended
Article 176, FC
Receive support
according to FC
Legitime is of the
legitime of a
legitimate child
21
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
22
Rescission of Adoption
Grounds: (ASAR)
1. attempt on the life of the adoptee
2. sexual assault or violence
3. abandonment and failure to comply
with parental obligations
4. repeated
physical
or
verbal
maltreatment by the adopter
NOTES:
Only the adoptee is given the right
to rescind the decree of adoption
The adopter can NOT rescind the
decree of the adoption but he or she
may disinherit the adoptee.
Effects:
a.
Parental authority of adoptees
biological parents or legal custody of
DSWD shall be restored if adoptee is still
a minor or incapacitated.
b.
Reciprocal rights and obligations
of the adopter(s) and the adoptee to
each other shall be extinguished.
c.
The amended certificate of birth
of the adoptee shall be cancelled and its
original shall be restored.
d.
Succession rights shall revert to
its status prior to the adoption, but
vested rights shall not be affected.
B. Inter-Country Adoption Act of 1995
(R.A. No. 8043)
Inter-Country Adoption
The socio-legal process of adopting a
Filipino child by a foreigner or a Filipino
citizen permanently residing abroad
where the petition is filed, the
supervised trial custody is undertaken,
and the decree of adoption is issued
23
9.
accredited
agency
and
that
adoption is allowed under his/her
national laws
possesses all the qualifications and
none of the disqualifications under
the Inter-Country Adoption Act and
other applicable Philippine laws
citizenship/naturalization whenever
applicable, shall be transmitted by
the foreign adoption agency to the
Board within 1 month after its
issuance.
NOTE: For a comprehensive discussion of
the procedural aspects of adoption,
please refer to A.M. No. 02-06-02-SC or
the Remedial Law Memory Aid
SUPPORT
everything
indispensable
for
sustenance,
dwelling,
clothing,
medical attendance, education and
transportation in keeping with the
financial capacity of the family
Kinds: (LJC)
1. Legal that which is required or
given by law
2. Judicial required by the court to be
given whether pendente lite or in a
final judgment
3. Conventional given by agreement
Characteristics: (PIN-ERV)
1. Personal
2. Intransmissible
3. Not
subject
to
waiver
or
compensation
4. Exempt
from
attachment
or
execution
5. Reciprocal on the part of those who
are by law bound to support each
other
6. Variable
Persons obliged to support each other:
1. spouses
2. legitimate
ascendants
and
descendants
3. parents and their legitimate children
and the legitimate and illegitimate
children of the latter
4. parents and their illegitimate
children and the legitimate and
illegitimate children of the latter
5. legitimate brothers and sisters
whether full or half-blood
NOTE: Support shall be in proportion to
the resources or means of the giver and
to the necessities of the recipient.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
24
NOTES:
When the obligation to give support
falls upon 2 or more persons
payment shall be divided between
them in proportion to the resources
of each, but in case of urgent need
and special circumstances, the court
may order one of them to furnish the
support provisionally subject to the
right to claim from the other
obligors the share due them
When two or more recipients at the
same time claim for support and the
obligor does not have sufficient
means to satisfy all claims:
a. the order of liability provided by
law shall be followed
b. if the concurrent obligees should
be the spouse and child subject
to parental authority, the child
shall be preferred
1. property given by
the parents to the
child for the latter to
administer
the
Termination of PA
PERMANENT
1. death of the
parents
2. death of the
child
3. emancipation of
the child
4. subjected child
to sexual abuse
2. owned by
parents
3. parents are
usufructuary
the
4.
property
administered by the
child
TEMPORARY
1. adoption of the
child
2. appointment of a
general guardian
3.
judicial
declaration
of
abandonment
4. final judgment
25
PRESUMPTION OF DEATH
ORDINARY
ABSENCE
EXTRAORDINARY/
QUALIFIED
ABSENCE
a. 7 YEARS, person
presumed dead for all
purposes except for
those
of
opening
succession
b.
10 YEARS, person
presumed dead for
purposes of opening
succession except if he
disappeared after the
age of 75, in which
case, a period of 5
years is sufficient
c.
4 YEARS, person
presumed dead for
purposes of remarriage
of the spouse present
For
all
purposes
including
those
of
opening succession, a
period of 4 YEARS, and
for
purposes
of
remarriage
of
the
spouse
present,
a
period of 2 YEARS, is
sufficient under the
following
circumstances:
a. person on board a
vessel lost during a sea
voyage or an aeroplane
which
is
missing;
period is counted from
the loss of the vessel
or aeroplane
b. person in the armed
forces who has taken
part in war
c. person in danger of
death
under
other
circumstances and his
existence has not been
known
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
26