Académique Documents
Professionnel Documents
Culture Documents
Maria)
Added Info:
Ex. When the legislature provides that all bills should under go 4 readings
instead of 3. This affects all bills that have been created and even those already
undergoing readings.
4. When the law is penal in character and is favorable to the accused.
MANDATORY PROVISIONS OF LAWS: If one fails to commit certain acts that
are mandatory in the law, it renders the proceeding or acts to which it relates as
illegal or void.
Ex. The law provides The action to revoke the donation under this article must
be brought within 5 years from the time the decree of legal separation has
become final. (Article 64, Family Code)
PROHIBITORY LAWS: Those that one is not supposed to do. Couched in
negative terms.
Ex. The law provides that No legal separation may be decreed unless the court
has taken steps towards reconciliation. (Article 59, Family Code)
Rights may be waived unless it is contrary to law, public policy, morals
or good customs, or prejudicial to a third person with a right recognized
by law.
The right must exist at the time of the waiver.
Requisites:
1. The person knows that a right exists
2. Has adequate knowledge upon which to make an intelligent decision
3. Knowledge of the facts related to the right to be waived
4. Must be shown that the waiver is made knowingly and intelligently
- Rights provided for in statutes can generally be waived unless the object of the
statute is to protect or promote public interest
Laws are repealed only by subsequent ones
Between a law and the Constitution, the latter prevails
Administrative or executive acts are valid only when they are not
contrary to laws or the Constitution
REPEAL: legislative act of abolishing a previous statute through a new law
Where a portion of a statute is rendered unconstitutional and part is
valid the parts may be separated if they can stand independently of one
another.
- Judicial decisions, applying and interpreting laws and the Constitution, assume
the same authority as laws.
- Judges must not evade performance of their responsibility because of an
apparent non-existence or vagueness of a law governing a particular legal
dispute.
The court must first apply the law, only when there is ambiguity in its
application should there be any kind of interpretation.
The interpretation should be in line with the intent of the legislature or
the end sought to be attained.
CUSTOM: a rule of conduct formed by repetition of acts, uniformly observed as a
social rule, which is legally binding and has obligatory force.
JURIDICAL CUSTOM: Can be a supplement/addition to a statutory law unlike a
social custom, which cannot do so.
Years: 365 days each
Months: 30 days if designated by their name, they shall be computed by the
number of days that they respectively have
Hour: 24 hours
Nights: Sunset to sunrise
- In computing a period first day exclude last day included
All citizens or foreigners who sojourn are subject to all penal laws and
laws meant for public security and safety.
-
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
Real and Personal Property are subject to the law of the country where
it is found. However, when it comes to the order, amount, and intrinsic
validity of the succession it shall be regulated by the law of the person
whose succession is being considered regardless of where the property
is to be found.
Extrinsic validity: the laws shall govern the forms of contracts and wills where
they are made. Thus a will made in the U.S. must follow the laws regarding the
forms of wills in the U.S.
Acts before Diplomatic and Consular Officials: Any act or contract made in a
foreign country made before the diplomatic and consular officials must also
conform to Philippine laws. This is because in the premises of a diplomatic office
the foreign country waives its jurisdiction so the Philippine laws govern in the
premises of the Philippine Diplomatic Office in foreign countries.
Prohibitive Laws: Prohibitive laws concerning property, persons, their acts and
those meant for public order, public policy, or good customs will continue to be in
HUMAN RELATIONS
Art. 19: Abuse of right doctrine
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
engage in business and earn a living.
- If in a criminal case, the accused is not proven guilty beyond reasonable doubt a civil
action may be made and the degree of proof necessary is only a preponderance of
evidence which means that more evidence is adduced to prove the guilt of the accused
compared to that to defend him.
- A civil obligation arising from a criminal offense only needs a preponderance of
evidence as the quantum of proof,
Usually a criminal proceeding, if commenced, must be terminated before a civil
proceeding can begin. If a civil proceeding has begun and later on a criminal
proceeding is filed, the civil proceeding is put on hold until the criminal
proceeding has finished.
However when the civil obligation is separate from the crime committed it may
proceed independently of the criminal proceeding.
Certain injuries do not arise from the commission of a crime.
Ex. A bus driver crashes the bus because he is drunk. The civil action here is based from
the breach of the contractual obligation of all common carriers to take extra diligence in
driving his passengers. The criminal action here is based on the drivers criminal
negligence. The first is governed by the civil code and the second is from the Revised
Penal Code.
- Necessary to have an absolute separate and independent civil action for the violation
constitutional rights
Art. 33: Civil action for violation of
private rights
When there is danger to life or property, and the police officer refuses to give
aid and protection, such peace officer shall be primarily liable for damages, and
the city or municipality shall be subsidiarily responsible.
An independent civil action can be instituted wherein a preponderance of
evidence is all that is required.
Art 35: Reservation of civil action
- When a person claiming to be injured by a criminal offense, charges another but the
judges fails to find any crime to have been committed or if the prosecuting attorney
refuses/fails to institute criminal proceedings, complainant may file a civil action for
damages against the alleged offender
Art. 36: Prejudicial Questions
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 every
Capacity to Act.
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 deaf-
If complaint be malicious,
defendant may can be
indemnified through the
plaintiffs bond
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.
capacity to act
Art. 39: Modification or limit
capacity to act
NATURAL PERSONS
Art. 40: Commencement of Civil
personality
mute, prodigality, and civil interdiction are mere restrictions on the capacity to act. Do
not exempt the person from certain obligations.
Modify/limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute,
penalty, prodigality, family relations, alienage, absence, insolvency, and trusteeship.
JURIDICAL PERSONS
Art. 44: Who are juridical persons
Art. 45: What governs juridical
persons
Art. 46: Rights and obligations of
juridical persons
Birth determines personality but the conceived child shall be considered born
for all purposes that are favorable to it. Provided that the conceived child is later
born with the conditions in Art. 41.
The fetus is considered born if it is alive from the time it was completely
delivered from the mothers womb. BUT if the fetus was alive in the womb for
less than 7 months it is not deemed born if it dies within 24 hours it is delivered
form the womb.
Death puts an end to civil personality
Dead person continues to have personality only through contract, will, or as
determined by law. Creditors can still claim from the estate of the deceased
any obligation due to them.
No human body shall be buried unless the proper death certificate has been
presented and recorded however during an epidemic bodies may be buried
provided that the death certificate be secured within 5 days after the burial.
Applies to persons who are called to succeed each other like mother and child.
(Necessary to determine the amount of inheritance one is to receive,
transmission of rights, etc.)
If there is no proof as to who died first, they are presumed to have died at the
same time and thus no transmission of rights from one to the other.
Proof of death cannot be established from mere inference or presumptions. It
must be established by clear positive evidence.
- When the law creates or recognizes a juridical person but doesnt fix the domicile it shall be
understood to be the place where it has legal representation
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 union
Nature of Marriage:
*Marriage as a special contract
between a man and a woman entered into in accordance
-Marriage is one of the basic civil rights of man. The freedom
cannot be restricted by
with the law for the establishment of conjugal and family life.
to marry has been recognized as a vital personal right towards discriminatory policies of private
It is the foundation of the family and an inviolable social
the pursuit of mans happiness.
individuals or corporations.
institution whose nature, consequences, and incidents are
-Still considered as a special civil contract regulated by law
governed by law and not subject to stipulation, except that
due to the high state interest in protecting and safeguarding
MAIL-ORDER BRIDE:
marriage settlements may fix the property relations during
the family.
considered as a criminal offense
the marriage within the limits provided by the code.
-A contract to marry, unlike other contracts, cannot be modified because marriage is vested with
or changed. Once it is executed a relation is formed between
public interest. (Connected with
the parties that cannot be altered. The law steps in to hold or
the Anti-Trafficking Act)
bind the parties together.
Acts punished:
-A subsequent marriage between the rapist and raped victim
1. Carry on such a business
extinguishes the criminal action or penalty of the rapist. In
2. To advertise the promotion of
case of marital rape2
such acts.
3. Solicit or attract or any Filipino
Marriage Status: Marriage creates a social status, which the
woman to become a member in a
state is interested in protecting. It is a case where a double
club that matches women for
status is created, involves and affects two persons.
marriage to foreign nationals for a
fee.
Marriage in International Law: men and women of full age
4. Use the postal service to
without any limitation due to race, nationality or religion have
promote the prohibited acts.
the right to marry and found a family.
1. Universal Declaration of Human Rights
VALIDITY OF MARRIAGE:
2. International Covenant on Economic, Social and Cultural
governed by the law effective at
Rights
the time of the celebration of the
3. International Covenant on Civil and Political Rights.
marriage.
Constitutional Protection: The State recognizes the sanctity of
family life and shall protect and strengthen it. The state also
recognizes marriage as an inviolable social institution and the
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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11
1.
Chapter 2 Title 1 of Family Code: exempt from license
1. Article 27: Both parties are in articulo mortis marriage
will be valid even if the ailing party survives.
2. Article 28: Residence is in a remote place
2.
3.
4.
5.
6.
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13
14
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
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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 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, which
- It is the duty of the civil registrar to post a notice informing
shall contain the full names and residences of the applicants
the public of the impending marriage. The purpose of which is
16
EXCEPTIONS:
1. The courts direct civil
registry to refuse giving
out the license
2. When the required
certificate of legal
capacity of foreigners is
not given (Art. 21)
17
Ex. In the US 16 years old is the age when one can contract
marriage. A 16-year-old US citizen may contract marriage in
the Philippines provided that he gives a certificate from his
embassy stating that 16 years old is the legal age to marry.
- If both are citizens of a foreign country and they are married
in their embassy there is no need to follow the requirement of
marriage in the Philippines, only those of their country.
-If one is a foreigner and one is a Filipino even if they marry
in the consul of the foreigner the certificate of legal capacity
and a marriage license is still necessary.
Art. 22. The marriage certificate, in which the parties shall declare that they take each other as husband and wife, shall also
state:
1. The full name, sex and age of each contracting party
2. Their citizenship, religion and habitual residence
3. The date and precise time of the celebration of the marriage
4. That the proper marriage license has been issued according to law, except in marriage provided for in Chapter
2 of this Title
5. That either or both of the contracting parties have secured the parental consent in appropriate cases
6. That either or both of the contracting parties have complied with the legal requirement regarding parental
advice in appropriate cases and
7. That the parties have entered into marriage settlement, if any, attaching a copy thereof.
Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the
marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than fifteen
days after the marriage, to the local civil registrar of the place where the marriage was solemnized. Proper receipts shall be
issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. The solemnizing
officer shall retain in his file the quadruplicate copy of the marriage certificate, the copy of the marriage certificate, the original
of the marriage license and, in proper cases, the affidavit of the contracting party regarding the solemnization of the marriage
in place other than those mentioned in Article 8.
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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 policy
are not valid here either (Art. 38)
-Common law marriages are not
recognized here, the marriage
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20
21
22
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
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.
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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 marital
P.I.
Insanity
obligation of marriage at the time of marriage, even if it
Cannot be
Can be cured
becomes manifest after the solemnization of the marriage.
cured
Not defined and thus left on a court-to-court basis. A
No consent
Consent can
person may actually be efficient in doing other
present since
be given
things such as his profession but with regards to his
he does not
during lucid
married life it can be different.
know the true
interval
Not just stubborn refusal but attributed to
meaning of
psychological causes (not necessarily insane)
marriage
Lacking in the exercise of the judgment not lack of
judgment
PROOF to show P.I.:
True inability to commit oneself to the essentials of
1. Observe of duties (living
marriage psychosexual disorders or other
together, etc.)
personality disorders
2. Procreation
Inability to commit to the essentials of marriage
3. Obligation of parents to
procreation, education of offspring, community of life
children.
and love
4. Senseless and protracted
refusal to have
Must be characterized by:
intercourse
1. Gravity- grave or serious
5. Unreasonable attachment
2. Juridical antecedence rooted in history of the party
to ones other family or
and may manifest after the marriage.
barkada
3. Incurability
6. Transvestism
7. Indulgence of private
Jurisprudential Guidelines (CA v. Molina):
fantasy
1. Burden of proof to show the nullity of marriage
8. Alcohol/substance abuse
belongs to the plaintiff.
9. Extreme immaturity
2. Root cause must be medically or clinically identified,
alleged in the complaint, sufficiently proven by
experts, clearly explained by the decision, must be
psychological not physical.
3. Proven to be existing at the time of the celebration
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of the marriage
Must be incurable (may be absolute or relative to
the given spouse)
5. Must be grave
6. Essential marriage obligations are those embraced
in articles 68 to 713 and Articles 220, 221, 225 with
regards to parents and children.
7. Interpretations in National Appellate Matrimonial
tribunal of Catholic Church though not binding are
persuasive
Reasons to Condemn Incestuous Marriages:
* The relationship being legitimate
1. Abhorrent to nature
or illegitimate is immaterial
2. Brings about confusion of rights and duties
3. Deficient and degenerate offspring
4. Control sex rivalries within families
5. To guide one towards the creation of new nuclear
family
6. Brings about confusion with status
Simulates blood relations although legal fiction (bond created by law, against public policy)
COLLATERAL BLOOD RELATIVES: may cause the same reasons as Art. 37 but to a lesser
degree.
COLLATERAL HALF-BLOOD RELATIVES BY CONSANGUINITY: the law does not provide that
marriages between collateral blood relatives by the half-blood are prohibited.
Case Law: In Re: Simms Estate
Because of specification in brothers and sisters and no specification with uncles and
nieces, marriage between uncles and nieces are not prohibited
Unlike ruling in Audley where it deemed it was unnecessary
Marriage between uncles and nieces who are half-blood is valid due to the presumption in
favor of marriage.
RELATIONSHIP BY AFFINITY (made through marriage): The only marriages by affinity prohibited
in the Family Code are marriages between stepparents and stepchildren and parents-in-law and
children-in-law. (May destroy the peacefulness in family relations)
Stepbrother and stepsister can marry each other since not included in the
prohibition.
*In the event that the marriage is annulled or nullified or in the event that the marriage is terminated
4.
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 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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by death affinity is terminated and thus those that were prohibited due to affinity can now marry
each other. Unless there are living issues (children) in whom the blood of the parties continue to
commingle.
ADOPTIVE RELATIONSHIP:
Who they cannot marry:
Adopter
Adopted
The adopted
The adopter
The surviving spouse of the adopted
The surviving spouse of adopter
(Envisions that the marriage was terminated
(Envisions that the marriage was terminated
due to death. But if the marriage was
due to death. But if the marriage was
terminated after the finality of a nullity or
terminated after the finality of a nullity or
annulment decree then they can get married)
annulment decree then they can get married)
Legitimate children of adopter
Other adopted children of the adopter
Who can they marry:
Adopter
Children of adopted
Natural parent
Other relatives
Spouse of adopted if alive and not married to
adopted
Adopted
Parents of adopter
Illegitimate child of the adopter
Other relatives
Spouse of adopter if alive and not married to
adopter
INTENTIONAL KILLING OF SPOUSE: The guilty party must be animated by an intention to marry
the other person, if not then not considered against public policy.
Ex. A wanted to marry B. B was married to C. A kills C because C stole from A. Then A later on
marries B. Such a marriage is valid.
*No criminal conviction is necessary mere preponderance of evidence is required to prove the
killing.
Art. 39: The action or defense for the declaration of
absolute nullity of a marriage shall not prescribe
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In relation to:
Art. 52: The judgment of annulment or of absolute nullity of
the marriage, the partition and distribution of the properties
of the spouses and the delivery of the children's
presumptive legitimes shall be recorded in the appropriate
civil registry and registries of property; otherwise, the same
shall not affect third persons.
Art. 53: Either of the former spouses may marry again after
compliance with the requirements of the immediately
preceding Article; otherwise, the subsequent marriage shall
be null and void.
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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 marriage at
Party to file suit: Parent or guardian before the child
1. That the party in whose behalf it is sought to
any time prior to the time the child reaches the age
reaches 21 and the party who did not obtain consent
have the marriage annulled was eighteen years of
of 21.
within 5 years after reaching 21.
age or over but below twenty-one, and the marriage
was solemnized without the consent of the parents,
Ratification: Through cohabitation after reaching the
guardian or person having substitute parental
age of 21 years old.
authority over the party, in that order, unless after
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NO RATIFICATION by cohabitation
Rule of triennial cohabitation: presumption of
impotence arises when wife remains a virgin after 3
years from the time of marriage.
6. That either party was afflicted with a sexuallytransmissible disease found to be serious and
appears to be incurable
Art. 48: In all cases of annulment or declaration of
absolute nullity of marriage, the Court shall order
the prosecuting attorney or fiscal assigned to it to
appear on behalf of the State to take steps to
prevent collusion between the parties and to take
care that evidence is not fabricated or suppressed
In the cases referred to in the preceding paragraph,
no judgment shall be based upon a stipulation of
facts or confession of judgment
Art. 49: During the pendency of the action and in
the absence of adequate provisions in a written
agreement between the spouses, the Court shall
provide for the support of the spouses and the
No ratification by cohabitation
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31
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 abusive
severity but by the frequency. However if it is not
when the respondent-spouse inflicts violence on
conduct directed against the petitioner, a common
repeated or is not physical violence it may be
his/her own child from a previous marriage but may
child, or a child of the petitioner
considered as grossly abusive conduct.
cause to suspend or terminate parental authority.
Art. 231 (1): Parental authority can be suspended
Grossly abusive conduct need not be repeated but
when the parent treats the child with excessive
more of a serious act: rely on proportionality and
harshness or cruelty
abusive conduct to what was committed.
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 compel
- There should be unity in the family and thus the
*Enforce human rights through acceptance of the
the petitioner to change religious or political
couple should learn to live with each others political others right
affiliation
ideas.
3. Attempt of respondent to corrupt or induce the
- The children here may or may not be
* Other forms of corruption can fall under grave
32
emancipated.
- The corrupt act here refers to prostitution only, a
mere attempt is enough the respondent need not be
successful at the corruption or inducement.
- There is no cause of action when the child
involved is that of the respondent from another
marriage.
- The crime need not be against the other spouse. It
can be against anyone.
- The fact that the crime had been pardoned doesnt
matter as long as there is a final judgment.
- The extent and nature of such is the same, as
those in annulment cases but such grounds may
exist even after the marriage ceremony unlike
annulment.
- Considered as a form of cruelty or mental anguish
- Must engage in homosexual acts
- Illegally contracting a marriage despite full
knowledge that the first marriage still validly exists
or without obtaining a judicial declaration of
presumptive death.
abuse of conduct
- Other acts of sexual infidelity short of concubinage Exception: If the wife condones sexual perversion
and adultery are enough as long as they constitute
with her husband then it cannot be a ground for legal
a clear betrayal of trust.
separation.
- Sexual perversion can be done to ones own wife.
9. Attempt by the respondent against the life of the
- Must come from an evil design or unlawful cause
Exception: when it is for self-defense (or some
petitioner
- No need for any criminal conviction,
other justifiable reason)
preponderance of evidence is enough. (If there is a
Exception: Spouse caught the other in flagrante
criminal conviction, the other spouse can be
delicto
disinherited even if there is no legal separation case
filed)
10. Abandonment of petitioner by respondent
Willfully left the dwelling without intention of
*If there is an unjustifiable for leaving then it is not
without justifiable cause for more than one year.
returning.
considered abandonment.
For purposes of this Article, the term "child" shall
*There must be a wrongful intent to desert,
include a child by nature or by adoption
continued for the statutory period.
Article 56: Denial of legal separation if they fall on the following grounds
1. Where the aggrieved party has condoned the offense or act
- May be expressed or implied forgiveness
Exception: if after the
33
complained of
Art. 59: No legal separation may be decreed unless the Court has
taken steps toward the reconciliation of the spouses and is fully
satisfied, despite such efforts, that reconciliation is highly
improbable.
Art. 60: No decree of legal separation shall be based upon a
stipulation of facts or a confession of judgment.
In any case, the Court shall order the prosecuting attorney or
fiscal assigned to it to take steps to prevent collusion between the
parties and to take care that the evidence is not fabricated or
suppressed.
34
35
36
37
38
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.
39
40
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.
Art. 84: If the future spouses agree upon a regime
other than the absolute community of property, they
cannot donate to each other in their marriage
settlements more than one-fifth of their present
property. Any excess shall be considered void.
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 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
41
2.
3.
marriage
Executed in favor of the future
spouses but not in
consideration of marriage
Granted to persons other than
the spouses even though they
may be founded on the
marriage.
42
Property Regime
Absolute
community of
property
Art. 88: The absolute
What included
All properties owned
before and after.
Art. 91: Unless
Prescription:
5 years from the happening of the resolutory condition.
6. Acts of ingratitude:
- Donee commits an offense against the person or property of
the donor, his wife, or children
- Donee imputes to the donor any criminal offense involving
moral turpitude unless it is against the donee
- Donee unduly refuses to support donor when he is legally or
morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge of the fact of
ingratitude
What constitutes a moderate gift depends on the
financial capacity of the donor.
Under the last sentence of Art. 87it must be shown
that the donation was made at a time when they were
still living together as husband and wife without the
benefit of marriage.
Validity of donation or transfer cannot be challenged
by anyone unless those that will be affected by the
donation.
RESERVA TRONCAL: the ascendant who inherits from his
descendant any property which the later may have acquired
by gratuitous title from another ascendant or sibling is obliged
to reserve such property for the benefit of relatives within the
3rd degree and who belong to the same line.
Ex. H is married to W and has a son S. H has a brother B. H
dies and donates to S his property. After which, S dies without
any heirs and thus the property goes to W. If W dies the
property does not go to her heir but to B so that the property
stays in the same line of the original owner (once owed by H)
and is within the third degree of S.
What excluded
Article 92:
1.provided in marriage
settlement
Notes
Art. 89: No waiver of rights,
shares and effects of the
absolute community of
property during the marriage
Charges
Article 94:
1. Support (spouses,
common & legitimate
children)
Liquidation process
Termination:
Art. 97: Either spouse
may dispose by will of
his or her interest in the
43
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 stipulated
exception:
subsequent marriage
after 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.
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 to the
community, unless it
is proved that it is
one of those
excluded therefrom.
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:
1. Death
- Same proceeding as
settlement of estate.
Spouse shall liquidate
property if no judicial
settlement proceeding
within 1 year. After 1
year cannot make
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
44
ACP
SEPARATION IN FACT:
Art. 100: The separation in fact between husband
and wife shall not affect the regime of absolute
community except that:
incapacitated or otherwise
law, shall be borne by the
unable to participate in the
loser and shall not be
administration of the common
charged to the community but
properties, the other spouse
any winnings therefrom shall
may assume sole powers of
form part of the community
administration. These powers
property.
do not include disposition or
encumbrance without authority
of the court or the written
consent of the other spouse.
In the absence of such
authority or consent, the
disposition or encumbrance
shall be void. However, the
transaction shall be construed
as a continuing offer on the
part of the consenting spouse
and the third person, and may
be perfected as a binding
contract upon the acceptance
by the other spouse or
authorization by the court
before the offer is withdrawn
by either or both offerors.
* Spouses administer and
enjoy property jointly. Husband
decision prevails subject to
recourse of wife within 5 years
from date of contract
implementing decision. BUT if
wife ratifies contract express or
implied cant annul anymore.
- If disposition is made without
knowledge or consent of other
person no prescription.
- Abandonment is different from separation in fact.
Abandonment has to do with total abdication of all marital and
parental authority.
- If the spouse left with a valid cause he or she can still be
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
presumptive legitimates
6. Conjugal dwelling
with spouse with most
children
45
ACP
Conjugal
Partnership of
Gains:
Art. 105: In case the
Article 121:
1.support of spouse common
and legitimate children
2.D&O by admin, both or either
Termination:
Article 126:
1.Death
2.Legal Separation
46
properties
- Those acquired by
their efforts or chance
- Income and fruits by
gratuitous title (diff from
ACP)
- Annuity: retirement on
an annuity (received as
a matter of right)
-Pension: service
previously rendered for
which full and adequate
compensation was not
received at the time.
Article 117:
1. Acquired by onerous
title using common
funds.
2. Obtained by labor or
industry or work
3. Fruits, natural,
industrial, or civil due
received during
marriage from common
prop
- Net fruits of exclusive
property
BUT personal damages
are not conjugal.
4. Share in hidden
treasure
5. Fishing and hunting
6. Excess livestock
(those brought in to the
marriage by one will
reimbursed
7. Acquired by chance
2. Acquired by gratuitous
title
- By way of succession
- Honorarium (given in
appreciation for services
rendered)
3. Acquired by right of
redemption, barter,
exchange
- Even if money used to
redeem is conjugal
(reimbursement)
4. Bought with exclusive
money of either spouse.
*Onerous donations
*Designated share in
donation
*Gratuity (amount given
by jobs for previous
work)
Art. 110: The spouses
retain the ownership,
possession,
administration and
enjoyment of their
exclusive properties.
Either spouse may,
during the marriage,
transfer the
administration of his or
her exclusive property to
the other by means of a
public instrument, which
shall be recorded in the
registry of property of the
place the property is
located.
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
Article 130: in case of
death the liquidation
proceeding will be in the
same proceeding as the
settlement of the estate
of the deceased. (Same
47
CPG
CPG
*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)
application as in ACP
article 103)
Art. 133: From the
common mass of
property support shall
be given to the surviving
spouse and to the
children during the
liquidation of the
inventoried property and
until what belongs to
them is delivered; but
from this shall be
deducted that amount
received for support
which exceeds the fruits
or rents pertaining to
them.
48
CPG
CPG
49
Separation of
property
Art. 134: In the
absence of an
express declaration
in the marriage
settlements, the
separation of
property between
spouses during the
marriage shall not
take place except by
judicial order. Such
judicial separation of
property may either
be voluntary or for
sufficient cause.
(Can be stipulated in
MS which shall
govern and FC will
only be
supplementary in
nature, in the
absence therein it
Revival:
Article 141:
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:
50
1.properties to be
contributed
2.those to be retained
as separate
3.names of known
creditors
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 co-ownership
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
51
Marriage without
unions (governs
void marriages)
Requisites:
Cohabitation not falling under article 147.
Structure:
Parties are co-owners of property acquired during
cohabitation only upon proof that each of them made
an actual contribution.
1. Salaries and wages are separately owned; if either is
married the salaries go to that marriage.
2. Property acquired by the money of one, belongs to
that person exclusively
3. Only properties acquired by both of them through joint
contribution will be owned by them in common in
proportion to what they gave (money, property, or
industry but cant be mere care and maintenance of
family/household). (Presumption is that shares over
property owned is equal shares but can be rebutted
through proof showing otherwise.)
4. If one of the parties is validly married, that persons
share in the co-ownership will accrue to the marriage.
Bad faith: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants
3. Absence of descendants, innocent party
- If both are in bad faith they shall be considered as in good
faith and their shares shall go to them.
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.
52
53
54
1.
2.
3.
55
56
57
- The record of birth appearing in the civil registry should have the
husbands signature and such birth certificate signed by the
parents is adequate proof of paternity without need for further
court action.
- Admission in public or private handwritten document is a
complete act of recognition without need for court action
58
2.
3.
4.
5.
59
SUPPORT
Art. 194: Support comprises everything indispensable
for sustenance, dwelling, clothing, medical attendance,
education and transportation, in keeping with the
financial capacity of the family.
The education of the person entitled to be supported
referred to in the preceding paragraph shall include his
schooling or training for some profession, trade or
vocation, even beyond the age of majority.
60
1.
2.
3.
Spouses
Legitimate ascendant and descendants
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.
They are no longer bound when the child is above the
age of majority or due to the negligence.
61
Demanding support
62
63
PARENTAL AUTHORITY
Art. 209: Pursuant to the natural right and duty of
parents over the person and property of their
unemancipated children, parental authority and
responsibility shall include the caring for and rearing
them for civic consciousness and efficiency and the
development of their moral, mental and physical
character and well-being.
Art. 210: Parental authority and responsibility may not
be renounced or transferred except in the cases
authorized by law.
to give support.
Third person furnishes the support to the needy
individual
*If all are present 3rd person shall have right to reimbursment.
This is different from legal support, which cannot be
levied upon; contractual support however is not
mandated by law.
The excess in amount of legal support shall be subject
to levy on attachment or execution.
3.
64
65
interest
66
67
68
more than P50k, the parent has to give a bond not less
than 10% of value of property to guarantee performance of
the obligations prescribed for general guardians. (to be
sure that guardians dont abuse their authority and do what
they are required to do)
2. rules on guardianship apply supplementary to parents,
but if child is under substitute parental authority or guardian
is a stranger then rules on guardianship apply.
*parents authority over the estate does not include
alienation or encumbrance, or compromise or waiver
(void). authority is needed from court.
69
3.
70
71
Summary proceedings:
claims for damages by either spouse must be done in a separate action.
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.
Art. 365: An adopted child shall bear the surname of
72
the adopter.
In case of annulment:
1.
2.
73
74
as well.
Absence:
at the instance of an interested party the judge may appoint a person to represent him
judge shall take necessary measures to safeguard rights and interests of absentee (specify powers, regulations etc.) spouse is preferred if no legal
separation.
Declaration of absence
2 yrs if no news about the absentee
5 yrs if absentee left someone in charge
Who may seek declaration
spouse present
*judicial declaration shall not take effect until 6
of absence
heirs instituted in a will
months after its publication.
relatives who may succeed by the law of intestacy (legitimate,
illegitimate relatives, collateral relatives)
those who have right to the property subordinated to the
condition of his death
Some of its effects
cause for involuntary judicial separation
*spouse cant alienate/encumber property without
basis for termination of property regime
judicial authority.
transfer of exclusive properties to the present spouse
termination of parental authority
Termination of
when absentee appears of his agent
administration
death of the absentee is proved and his heirs appear
3rd person appears with a right over the property
Presumption of death
7 years for intents and purposes except succession
*if the absentee appears or his existence is proven
through absence
10 yrs for purposes of opening succession
he shall recover all his property in the condition they
are in but cannot claim the fruits or rents.
if disappeared after the age of 75, 5 years enough
*if the absentee is the heir, his share shall accrue to
Presumption of death in
on board a lost vessel during sea voyage, airplane that is
dangerous situations
missing and has not been heard of in 4 years since loss. (if there his co-heirs, unless hi has heirs or a representative.
(right of representation). If absentee reappears he
is a wreckage and person is missing, not 4 years)
has claim to get what was supposed to be his from
Person in the armed forces engaged in war and is missing for 4
those that got it within the prescriptive period.
years
Person in danger of death and existence has not been known for
4 years.
75
76
2.
3.
One spouse adopts his/her own illegitimate child provided other spouse signifies consent to this
Spouses are legally separated
77
If adoption is rescinded then parental authority of biological parents or Department of Social Welfare will be restored if adoptee is still a minor. But adopter and
adoptee relationship extinguished.
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 allowed under his or her laws)
To be filed with the RTC or the board through an agency.
Matching: Judicious pairing of the applicant and the child to promote a mentally satisfying parent-child relationship.
No matching arrangement between applicant and parents before the committees proposal unless it is relative or it is for the childs best interest.
Applicant must fetch child within 30 days after notice of issuance of visa.
Trial custody: 6 months with submission of progress reports before adoption decree becomes final.
If pre-adoptive relationship is unsatisfactory, it will be terminated and Board may choose from roster of applicants a qualified family, absence the foreign agency may
propose.
Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements with countries of the foreign adoption agencies.
78
79
5.
80
Article 87
6. Acts of ingratitude:
- donee commits an offense against the person or property of the
donor, his wife, or children
- donee imputes to the donor any criminal offense involving moral
turpitude unless it against the donee
- donee unduly refuses to support donor when he is legally or
morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge of the fact of
ingratitude
-husband and wife cant donate to each other
-also those who cohabitate with each other
Illegitimate
Children born in a valid marriage but is impugned by the father
81
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.
82
2.
5. When the spouse has given grounds for loss of parental authority.
6. Unjustifiable refusal to support the children or other spouse
When parent is incapacitated to succeed one due to unworthiness:
i. Art. 1032: unworthiness
1. Parents abandoned their children, or induced their daughters to live a corrupt or immoral life, attempted against her virtue
2. Convicted of an attempt against the life of the testator, his spouse, or descendants or ascendants.
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.
Civil status
Future support
Future legitimes
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
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Deadlines:
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
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
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