PFR F I N A L S e.

With resolutory condition

f. Ac of ingratitude
- 87donation between spouses/cohabiting: VOID
Article 63: EFFECTS OF LEGAL SEPARATION - Donation propter nuptias valid even if only implied
acceptance by the donee (Locquiao v. Locquiao)
1. Live separately, bonds not severed
2. ACP/CP dissolved, offender no right to net profits
Article 88: ACP COMMENCES AT PRECISE MOMENT OF
3. Custody to innocent spouse
MARRIAGE ELEBRATION
4. Offender disqualified from inheritance
- Absent a pre-nup
Article 68-73: RIGHTS & OBLIGATIONS OF SPOUSES
Article 91: COMPOSITION OF ACP
- 68. Live together, love, fidelity
- 69. Fix domicile - All property owned by the spouses at time of celebration
- 70. Jointly responsible for support and after or during marriage
- 71. Management of household jointly - NOT COVERED:
- 72. Relief from court if duties neglected 1. Acquired by gratuitous title
- 73. Profession without consent, object only if valid grounds 2. Personal and exclusive use except jewelry
- Obligations should be SPONTANEOUS & MUTUAL. 3. Acquired before marriage with legitimate descendant
Cannot be ordered by the Court (Ilusorio v. Bildner) to former marriage (Art. 92)

Article 74: GOVERNING PROPERTY RELATIONS Article 93: PRESUMPTION OF ABSOLUTE COMMUNITY

1. Pre-nuptial agreements - Acquired during marriage, unless proven excluded

2. Provisions of Family Code (ACP)
3. Local customs Article 94: CHARGES AGAINST THE ACP

Article 75: PRE-NUPTIAL AGREEMENTS 1. Support of spouse and children

2. Debts during marriage with consent for benefit
- DEFAULT: Absolute Community of Property 3. Debts without consent to extend that the family benefitted
- OTHERES: 4. Taxes, liens, repairs of ACP
1. Conjugal Partnership of Gains 5. Taxes of separate property which is used by family
2. Complete separation of property 6. Education expense of spouse
3. Any other agreed by the parties 7. Education expense of children
8. Ante-nuptial debts which redounded to benefit of family
Article 77: REQUIREMENTS FOR PRE-NUP 9. Expenses of litigation
1. In writing
Article 95: ADMIN BY BOTH SPOUSES, HUSBAND
2. Signed by the parties
PREVAILS
3. Before celebration of the marriage
4. Registered in civil registry if with effect on 3rd arties (Art. - Sole powers if one is incapacitated. Disposition and
22, FC) encumbrance not included without consent/court ordered
- If made DURING marriage, NOT VALID unless with court
approval (Toda v. CA) Article 96: DISSOLUTION OF AC REGIME

Article 82: DONATION PROPTER NUPTIAS 1. Death of either spouse

2. Decree of legal separation
1. Made before marriage 3. Annulment/void ab initio
2. In consideration of the marriage 4. Judicial separation of property
3. By spouses to each other or third parties
Article 100: DE FACTO SEPARATION
Article 84-87; RULES ON DONATION PROPTER NUPTIAS
- ACP subsists still with a valid marriage, no judicially
- 84future spouses cannot donate more than 1/5 separated
- 86revoked if:
a. Marriage not celebrated, declared void ab Article 101: ABANDONMENT WIHTOUT JUST CAUSE
ignition
b. Marriage without consent of parties - Must be full abandonment. Left dwelling for 3 months
c. Marriage annulled, done bad faith 1. Petition for receivership
d. Legal separation, done guilty 2. Judicial separation of property
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3. Petition for sole administration Article 102: STEPS FOR DISSOLVING AC

1. Prepare inventory
2. Pay out debts and obligation, if insufficient, pay out using
separate exlusive properties
3. Remainder divided between spouses
4. Conjugal dwellingto spouse with majority of the children
or decided by court

Article 106: CONJUGAL PARTNERSHIP OF GAINS

- Spouse put into a COMMON FUND whatever they want to

contribute to the CP
- Exclusive to husbandcapital property
- Exclusive to wifeparaphernal property

Article 109: EXCLUSIVE PROPERTY

1. Those identified as own

2. Acquired by the gratuitous title
3. Acquired by right of redemption
4. Purchased with exclusive money

Article 116: PRESUMPTION OF CONJUGALITY

- Acquired during marriage, unless proven otherwise

- Presumption only arises when with proof of acquisition
during the marriage (PNB v. CA)

Article 117: CP PROPERTIES

1. Acquired by onerous title at expense of common fund

2. Obtained from labor of both spouses or either
3. Fruits of CP properties
4. Acquired by chance

Article 118: PROPERTY BY INSTALLMENT BEFORE

MARRIAGE

- Already named before marriage: personal property of buyer

spouse even if party paid with conjugal funds
- Named to spouse after marriagebelong to CP

Article 121: CHARGES TO CPG

1. Support of spouse and children

2. Debts with consent of other spouse for benefit of
family
3. Debt without consent to extent of benefit
4. Taxes, liens, expenses of CPP
5. All taxes for preservation of separate property
6. Educational expenses of spouse
7. Educational expenses of children
8. Ante-nuptial debts with benefit to family
9. Expenses of litigation

Article 122: PERSONAL DEBTS

- Charge only to extent of benefit of family

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 - May be charged after covered the responsibilities in 121 - Must be with consent if encumbrance
- No need for dissolution before being charged
- Improvements on a personal property using common
fundsturns the property into a CONJUGAL PROPERTY
(Calimlim v. Fortun)

Article 120: OWNERSHIP OF IMPROVEMENTS

- Illegal detainer against one spouse cannot bind the other in

the possession of personal property if not made a arty in the
suit (Plata v. Yatlo)
- Acting as a guarantor for 3rd party without benfit to the CP,
cannot hold the CP liable (Luzon Surety o v. De Garcia)

Article 124: ADMINISTRATION OF CPG

- Joint administration of CPP

- Cannot sell property which is conjugal without WRITTEN
CONSEN of the other spouseVOID
- Incapacitated one spouseassume sole powers of admin
but not ENCUMBRANCE, DIPOSITIONincludes lease
(Roxas v. CA)

Article 126: DISSOLUTIONSAME AS ACP

Article 127: SEPARATION IN FACT SAME AS ACP

Article 128: ABANDONMENT WITHOUT JUST CAUSE

- Same as ACP
- REAL ABANDONMENT, not mere separation. Physical
estrangement to financial and moral desertion. Absolute
cessation of marital relations and duties and rights (Dela
Cruz v. Dela Cruz)

Article 120: OWNERSHIP OF IMPROVEMENTS

- Property value<improvements= CONJUGAL

- Property value>improvements=PERSONAL
- With right of reimbursement BUT can only be enforced
against the spouse and not 3rd parties (Ferrer v. Ferrer)

Article 144: SEPARATION OF PROPERTY REGIME

- Present or future property or both

- Total or partial
- No more consent if the other spouse (Art. 145)
- Expenses of family in proportion of income (Art. 146)

Article 147: UNIONS WIHTOUT MARRIAGE

- Persons cohabiting with each other without marriage and

without LEGAL IMPEDIMENT or under void marriage
- Wages and salaries in equal sharesCO-
OWNERSHIP
- Property acquired by both through workCO-
OWNERSHIP
- Equal share even if no financial contribution but with
maintenance and care of household (Maxey v. CA)

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Article 148: UNIONS WITH LEGAL IMPEDIMENT

- Share only in PROPORTION to the contribution of money Article 163: KINDS OF FILIATION
- No contribution, no share
1. Natural
Article 149: FAMILY AS BASIC SOCIAL INSTITUTION a. Legitimate
b. Illegitimate
Article 150: FAMILY RELATIONSINCLUDE: 2. Adoption

1. Between husband and wife Article 164: LEGITIMATE FILIATION

2. Between parents and children
3. Among descendants/ascendants 1. Conceived and born during marriage of parents
4. Brothers and sisters, full or half-blood - Presumption of LEGITIMACY arises upon proof
of marriage of parents (Angeles v. Maglaya)
Article 151: CONCILIATION BETWEEN FAMILY MEMBERS 2. Conceived by Artificial Insemination
- w/ authorization on written instrument
- suit will no prosper unless alleged in the verified complaint - Other legitimate children:
that earnest efforts toward a compromise have been made, 3. Born and conceived to a void marriage
but failed 4. Born in voidable marriage (Art. 178)
- dismissed if no efforts made 5. Legitimated children (Art. 177)
- cases not subject to compromise NOT COVERED 6. Adopted children
1. civil status
2. validity of marriage/legal separation Article 166: GROUNDS TO IMPUGN LEGITIMACY
3. ground for legal separation Art. 2035
4. future support CC - Only BY THE FATHER. In a separate action to impugn
5. jurisdiction of courts 1. Physical impossibility within first 120 days of 300
6. future legitime days gestation because of:
- even if compromise is not alleged, plaintiff is not barred to a. Physical incapacity (impotence)
correct the complaint b. Living separately, impossibility of intercourse
- even it not AMENDED, presenting evidence which proves - Not impossible if living closely (Macadandang v.
earnest efforts CURES THE DEFECT (OLaco v. Co Cho CA)
Chit) c. Serious illness preventing intercourse
- NOT APPLICABLE TO SUITS W/ STRANGER. Invoked
only b family members (Hiyas Savings v. Acua) 2. Biological/scientific grounds (ex. blood grouping)
- Blood type not the same: CONCLUSIVE NON
Article 153: FAMILY HOME PATERNITY
- Blood type the same: INCONCLUSIVE
- Constituted on a house and lot from the time it is occupied PATERNITY (Jao v. CA)
as a family residence - If same, although inconclusive, if with agreement
- Exempt from execution, forced sale or attachment fro the to be bound, then still the father (Amurao v. CA)
time of execution 3. AI buy consent with fraud

Article 155: EXCEPTION TO THE EXCEPTION FAMILY
HOME
1. Non-payment of taxes
2. Debts before constitution of family home
3. Debts secured by mortgage of the FH
4. Debts due to laborers who made the FH
- Debt constitution: NOT EXEMPT
- Constitution debt: EXEMPT
- CC: Constitution required (before 3 Aug. 1988)
- FC: Constitution automatic (after 3 Aug. 1988)
- Claim or exemption by the debtor himself because personal
privilege (De Mesa v. Acero)
PATERNITY- prospective of father, status with regards to his child
Article 167: IMPUGN BY MOTHER PROHIBITED
- Not considered as declaration of illegitimacy if claiming
that he is NOT THE CHILD AT ALL (Chua Keng Giap v.
IAC)
Article 168: MOTHER CONTRCTS SUBSEQUENT
MARRIAGE
- Marriage contracted w/in 300 days of termination of first
marriage:
1. BIRT BEFORE 180 days after start of 2nd marriage
- 1st husband WITHIN 300 days after end of 1st
marriage
2. Birth AFTER 180 days after start of 2nd marriage

FILIATION- prospective of child, status with regard to his father Article 170: PRESCRIPTION OF ACTION TO IMPUGN
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 1. 1 year same municipality Article 165: ILLEGITIMATE FILIATION
2. 2 years not same but PH
3. 3 years abroad - Children born outside a lid marriage
4. Birth concealed. Count from discovery
Article 175: PROOF OF FILIATION
Article 171: HEIRS CAN IMPUGN ONLY WHEN:
- San as legitimate children
1. Father died before expiration of prescribed period
2. Died after complaint filed Article 176: RIGHT OF ILLEGITIMATE
3. Died before birth of child
- Surname: mothers surname, ma only se fathers srname
- Only by father because PERSONL to him (Liyao v. Liyao)
but cannot be compelled (Grande v. Antonio)
Article 172: PROOF OF FILIATION - Parental authority: mother
- Entitled to support if acknowledged
1. Record of birth - Inheritance: cannot inherit from legitimate relatives of
- Must be signed to be admissible evidence except if the parentsIRON CURTAIN RULE
father was the informant and with signature in the loose - Compulsory recognition DURING legitime of parent
leaf (Castro v. CA)
2. Final Judgment by the Court Article 177: LEGITIMATED CHILDREN
- No right to impugn if already recognized in another
1. Conceived and born out of wedlock
proceeding with final judgement (Ramos v. Ramos)
2. Parents w/o legal impediment to marry
3. Admission in a signed pblic document
3. Parents subsequently marry each other
- Must be PRECISE, EXPRESS, SOLEMN and signed and
- Only illegitimate children w/o legal impediment may be
executed between the parties and notarized (Lim v. CA) Ex.
legitimated (Abanilla v. Tagbilaran)
deed of donation
Article 179: RIGHTS OF LEGITIMATED CHILDREN
Article 172: PROOF OF FILIATION (Cont.)
- Same as legitimate children
4. Signed handwritten private instrument
- Retroactively apply to birth
- Must be with proof that it is the handwriting of the father
and with intent to recognize in the letters (Banas v. Banas) Article 182: IMUGN LEGITIMATION
ABSENT the four documents, MUST PROVE: 1. Those whose rights are prejudiced
2. Within 5 years
1. Open & continuous possession of status
- w/ support, use the surname, etc. even if disowned by the RA 8552: DOMESTIC ADOPTION ACT
father, still with status
- spontaneous and without concealment, live w/ father, allow - ADOPTIONJURIDICAL ACT which creates
the use of surname, give support (Mendoza v. CA) legitimation and filiation between adopter and adoptee
2. others allowed by Rules of Court (Lazatin v. Campos)
- DNA testing: - ALWAYS in BEST INTEREST of the child
- > 99.9% - admissible BUT refutable
- < 99.9% corroborative only RA 8552: WHO MAY ADOPT
- Evidence to rebut: credibility of tester, testing procedure,
contamination of sample, etc. (Herrera v. Alba) 1. FILIPINO CITIZEN
a. Minimum of 18 years old
Article 173: ACTION TO CLAIM LEGITIMACY b. With full civil rights
c. Not convicted
- During lifetime of the child and by the child d. Emotionally and psychological capable
- Within 5 years if child dies in minority e. 16 years older than the adoptee
f. Can support adoptee
Article 174: RIGHTS OF LEGITIMATE CHILDREN 2. FOREIGNERS
a. With all previous
1. Bear surnames of father and mother and cannot use another
b. With diplomatic relations with PH
because confusion on filiation of the child (Moore v.
c. Living in the PH for 3 years with intention to stay here
Republic)
2. Receive support RULE: JOINT ADOPTION IF MARRIED
3. Entitled to legitimate and successional rights
4. Entitled to legitimate and successional rights - EXCEPT IF:
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 1. One spouse is already the parent 1. Spouses
2. One spouse is the natural parent 2. Legitimate ascendants and descendants
3. Parents and legitimate and illegitimate children
RA 8552: WHO MAY BE ADOPTED 4. Legitimate brothers and sisters

1. Any person below 18 years old Article 199: ORDER OF SUPPORT

2. Legitimate child of one spouse
3. Illegitimate child to grant legitimacy 1. Spouse
4. Legal age if considered as own since minority 2. Descendants
5. Rescinded adoption 3. Ascendants
6. An orphan 4. Brothers and sisters

RA 8552: CONSENT TO ADOPTION Article 201: PROPORTIONALITY RULE

1. Th adoptee if >10 years old - Support in proportion to needs of the child and capacity of
2. Biological parents of the child, if foundling, consent of the supporter
DSWDrequired (Landingin v. Republic) - Support must be with proof of filiation
3. Legitimate sons and daughters f adopter if >10 years - Support is adversarial and special proceeding
- Must be notarized - Support decisions are IMMEDIATELY EXECUTORY and
4. Illegitimate sons and daughters >10 years cannot be stayed on appeal (Gan v. Reyes)
5. Spouse - Reckoning date of payment: DATE OF DEMAND; even if
not judicial demand (Lacson v. Lacson)
RA 8552: EFFECTS OF ADOPTION - Cannot be barred by res judicata because SUPPORT
CHANGES through the years (Lam v. Chua)
1. TERMINATION of parental authority of biological parents
once adoption is done, parents cannot exercise authority Article 209: NATURAL RIGHT AND DUTY OF PARENTS
over the child (Cervantes v. Fajardo)
2. LEGITIMACYstatus, rights, surname - Over person and property
3. SUCCESSIONonly between adopter and adoptee, cannot
represent adopter in testate proceedings of relatives of Article 210: CANNOT BE RENOUNCED/TRANSFERRED
adopter because no blood relations (Sayson v. CA)
- Can still inherit from biological parents if Article 211: JOINT EXERCISE OF PARENTAL AUTHORITY
TESTATE but not in intestate
Article 212: ABSENCE/DEATH
RA 8552: RESCISSION OF ADOPTION
- Absence/death: other parent
- Only by the ADOPTEE. Adopters cannot rescind but can - Remarriage: still parent of guardian
only DISINHERIT the child
Article 213: SEPARATION OF PARENTS
- Grounds:
1. Physical and verbal abuse - Court will designate, with choice of child
2. Attempt on the life of th adoptee - Child under 7 years: MOTHERTENDER YEARS RULE
3. Sexual assault/violence
4. Abandonment/failure to comply Article 214: SUBSITTUTE PARENTAL AUTHORITY

RA 8043: INTER-COUNTRY ADOPTION - Death/absence of BOTH parentsgrandparents order: (art

- With certification that the child can be taken to the aliens
country
- For aliens outside PH
- Matching processmust be impossible to adopt locally
before adopting outside
Article 194: SUPPORT COMPOSITION
- Everything indispensable for sustenance, dwelling,
clothing, medical attendance, education, transportation
Article 218: SPECIAL PARENTAL AUTHORITY
- Gifts NOT included (Lim-Lua v. Lua)
Article 195: PERSONS OBLIGED TO GIVE SUPPORT
216)
1. Grandparents
2. Brother/sister over 21 years
3. Actual custodian
Illegitimate childrenPA solely on the mother, recognition
by father is only recognition of obligation and not to gain
parental authority (Briones v. Miguel)
- Still consider BEST INTEREST of the child
- CONCURRENT w/ authority and presence of parents
- Exercised when minor is in custody of the school
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 - Liable only when: 2. Misspelled place of birth
1. In the custody of school 3. Change of first name
2. Official functions of school/teachers 4. Day and month of birthdate
3. Negligence is the proximate cause of the injury 5. Sex if patently clear of error
- Civil liability of parents is PRIMARY when child commits 6. Proceedings are adversarial if major change (inform
a crime especially if there was no exercise of diligence by affected parties)
parents (Libi v. IAC) - NO age, sex, nationality and civil status
- Properties of minors CANNOT be sold without permission
of the court even parents cannot RA 10172: WHO MAY FILE THE PETITION

TENDER YEARS RULE: Disputable, not absolute with - Person with direct and personal interest
evidence of compelling reasons (abandonment, insanity, - Change of name: by the person himself because only him
drunkenness, addiction, communicable disease) alone to decide (Republic v. Marcos)
- NOT MINISTERIAL as long as BEST INTEREST of the - Cannot change an entry, only correct it (Jacinto v.
child, custody case is NEVER FINAL because Republic)
circumstances change (Espiritu v. CA)
Article 305: DUTY TO MAKE FUNERAL ARRANGEMENTS

Petition for HABEAS CORPUS: main objective in custody 1. Spouse

cases is determination of PROPER custody (Salientes c. 2. Descendants
Abanilla) 3. Ascendants (paternal preferred)
LESBIANISM is NOT a compelling reason to dispute the 4. Brothers and sisters
tender years rule (Gualberto v. Gualberto)
Article 306: FUNERAL KEEPING WITH SOCIAL STATUS
CIVIL CODE
Article 307: IN ACCORDANCE WITH WISHES OF DECEASED
Article 407: ACTS, EVENTS, DECREES RECORDED IN CIVIL
REGISTRY Article 309: DISRESPECTDAMAGES

Article 408: RECORDED IN CIVIL REGISTRY - Claim of funeral expenses must be with receipts. if no
receipt or other lost, fixed amount is P 25,000 (People v.
1. Births Werba)
2. Marriages
3. Deaths Article 364: SURNAME OF LEGITIMATEFATHER
4. Legal separation
5. Annulments Article 365: ADOPTEDADOPTER
6. Declaration of void
7. Legitimations Article 368: ILLEGITIMATEMOTHER
8. Adoptions
Article 369: LEGITIMATE & ANNULLEDFATHER
9. Acknowledgement of natural c(?)
10. Naturalization
Article 370: SURNAME OF MARRIED WOMAN
11. Loss or
12. Citizenship recovery 1. Maiden first name and surname + husband
13. Civil interdiction 2. Maiden first name and husband surname
14. Filiation 3. Husbands full name
15. Emancipation
16. Changes of name Article 371: MARRIAGE DISSOLVES, WIFE GUILTY

Article 410: EVIDENTIATY VALUE - Back to maiden name

- If innocent, continue/revert
- Prima facie evidence with presumption of regularity
Article 372: LEGAL SEPARATION, REVERT TO MAIDEN
Article 412: CHANGE OF ENTRY NAME

- Must be with court order Article 373: WIDOWCONTINUE HUSBAND

RA 10172: CORRECTION OF ENTRIES IN CIVIL REGISTRY Article 376: NO CHANGE W/O JUDICIAL AUTHORITY

1. Misspelled names Article 377: USURPATION OF SURNAMEDAMAGES

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 No prohibition on using mothers name as middle name if
illegitimate
Cannot change surname without sufficient justification ;
leads to confusion in paternity and legitimacy (Naldoza v.
Republic)
Change name s personal, cannot change even if child is
close to the father
Divorce akin to death of spouse can still use the surname
(Tolentino v. CA)
USURPATION:
1. Actual use
2. Unauthorized use
3. Misrepresentation
4. Sufficient justification grounds

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