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PERSONS and FAMILY RELATIONS Survivorship Under NCC

Juridical Capacity and Capacity to Act. • If in doubt as to who died first between 2 or more persons called to succeed
each other:
JURIDICAL CAPACITY CAPACITY TO ACT • Burden of Proof: Whoever alleges the death of one prior to the other
shall prove the same;
Definition • Absent such proof: Presumption is they all died at the same time. There
shall be no transmission of successional rights.
Fitness to be the subject of legal Power to do acts with legal
relations effect Requisites for Survivorship Under NCC
• It applies when the following conditions are present:
Acquisition • The parties are heirs to one another
• There is no proof as to who died first
Inherent (co‐exists with the natural Through the fulfilment of specific • There is doubt as to who died first
person) legal activities
Presumptions on survivorship under the Rules of Court.
Loss
• The Rules of Court provide that:
Only through death Through death and other causes • when two or more persons
• perish in the same calamity and
In relation to the other • it is not shown who died first, and
• there are no particular circumstances from which it can be inferred
Can exist without capacity to act Cannot exist w/o juridical capacity that one died ahead of the other
• The survivorship shall be determined from the probabilities resulting from
the strength and age of the sexes according to the following rules:
Limitation
Rule 131
None Art. 38 (restriction)
Art. 39 (modification / limitation), Age/Sex of decedents at the time of death Who presumed to
among others have survived
Decedent A Decedent B
Restrictions on Capacity to Act
Under 15 Under 15 Older
• Minority
• Insanity Above 60 Above 60 Younger
• Deaf‐mute,
• Imbecility, Under 15 Above 60 Under 15 (younger)
• Prodigality,
• Civil Interdiction Above 15 BUT under 60 Above 15 BUT under 60 Different sexes
-Male
Circumstances that modify or limit capacity to act. Same sex
• Insanity –Older
• Prodigality
• Age Under 15 OR over 60 Between 15 and 60 Between 15 and 60
• Imbecility
• Deaf‐Mute Residence and Domicile
• Family Relations • Residence is a place of abode, whether permanent or temporary.
• Alienage • Domicile denotes a fixed permanent to which, when absent, one has the
• Trusteeship intention of returning.
• Penalty
• Insolvency Domicile of Juridical Persons
• Absence • The place fixed by the law creating or recognizing the juridical person
Civil Personality Ceases • In the absence thereof, the place where their legal representation is
• Natural persons – by death established or where they exercise their principal functions.
• Juridical persons – by termination of existence

Birth Marriage Ordinary Contract


• Personality acquired by a Natural Person
• GR: Actual / Permanent Personality–Personality begins at birth; not As a contract
at conception
• XPN: Presumptive / Temporary – The law considers the conceived Special contract Merely a contract
child as born (Conceptus pro nato habetur) Social institution

N.B. Applicable law


For there to be presumptive personality, the foetus must be “born later in Governed by the law on marriage Governed by the law on contracts
accordance with law” and the purpose for which such personality is given
must be beneficial to the child.
Right to stipulate
Born later in accordance with law
• A fetus with an intra‐uterine life of: GR: Not subject to stipulation Generally subject to stipulations
• Less than 7 months – Must survive for at least 24 hours after its complete XPN: Property relations in marriage
delivery from the maternal womb settlements
• At least 7 months –If born alive: considered born, even it dies within 24 hours
after complete delivery. Capacity to contract
• Universal rule of jurisprudence that a child, upon being conceived, becomes
a bearer of legal rights and is capable of being dealt with as a living person. Legal capacity required Minors may contract thru their
The fact that it is yet unborn is no impediment to the acquisition of rights parents or guardians or in some
provided it be born later in accordance with Law (De Jesus v. Syquia, G.R. No. instances, by themselves
L‐39110, Nov. 28, 1933).
Gender requirement
Who Died First
• It depends on whether the parties are called to succeed each other. Contracting parties must only be Contracting parties may be two or
• If successional rights are involved – Art. 43 of the NCC: Survivorship two persons of opposite sexes more persons regardless of sex
Rule; and Rule 131, Sec. 3(kk): Presumption of simultaneity of deaths
Dissolution by agreement
between persons called to succeed each other, applies.
• If no successional rights are involved – Rule 131, Sec. 3 (jj) of the Rules Dissolved only by death or Can be dissolved by mutual
of Court applies. (Presumption of survivorship) annulment, never by mutual agreement among others.
N.B. Both are to be applied only in the absence of facts. agreement
MARRIAGE
• Marriage is a special contract of permanent union between a man and a • If performed abroad – Whether it is allowed or not depends upon the law of
woman entered into in accordance with law for the establishment of the place where the marriage was celebrated (lex loci celebrationis)
conjugal and family life. It is the foundation of the family and an inviolable
social institution whose nature, consequences, and incidents are governed Note: As to marriages between Filipinos ‐ all marriages solemnized outside the
by law and not subject to stipulation, except that marriage settlements may Philippines, in accordance with the laws enforced in said country where they
fix the property relations during the marriage within the limits provided by are solemnized, and valid there as such, shall also be valid here in the country,
the Family Code. (Art. 1, FC) except those prohibited under Art. 35 (1), (2), (4), (5), (6), 36, 37 and 38. (Art.
26, FC)
Marriage as an inviolable social institution
SOLEMNIZING AUTHORITY
• Marriage is an institution in which the community is deeply interested. The
State has surrounded it with safeguards to maintain its purity, continuity and Under ordinary circumstances:
permanence. The security and stability of the State are largely dependent on • Incumbent judiciary member – provided, within the court’s (his) jurisdiction
it. It is in the interest and duty of each member of the community to prevent • Priest, rabbi, imam or minister of any church/religious sect duly authorized –
the bringing about of a condition that would shake its foundation and lead to provided at least one of the parties belongs to such church or religious sect.
its destruction. The incidents of the status are governed by law, not by will of • Consul general, consul or vice‐consul – provided both parties are Filipinos and
the parties. marriage takes place abroad.
• (Beso v. Daguman, A.M. No. MTJ‐99‐1211, January 28, 2000 [citing Jimenez v. • Mayors (Arts 444 and 445 of LGC)
Republic, G.R. No. L‐12790, August 31,1960]) • Note: Includes “Acting Mayor”

SOLEMNIZING AUTHORITY
ESSENTIAL REQUISITES Marriages in articulo mortis:
• essential requisites of marriage • Ship captain or airplane chief – provided the marriage is performed:
• Legal capacity of the contracting parties who must be a male and a • i. During voyage, even during stopovers
female • ii. Between passengers or crew members
• Consent freely given in the presence of the solemnizing officer • Military commander of a unit who is a commissioned officer – provided the
marriage is performed:
Legal Capacity • i. In absence of chaplain;
• Age – at least 18yrs • ii. Within zone of military operation;
• Sex – between male and female • iii. Between members of the armed forces or civilians
• Lack of legal impediment to marry
Requirement from Solemnizing Officer
• He shall state in an affidavit executed before the local civil registrar or any
Additional Requirements on Age other person legally authorized to administer oaths, that the marriage was
AGE ADDITIONAL REQUIREMENTS performed in articulo mortis and that he took the necessary steps to ascertain
the ages and relationship of the contracting parties and the absence of a legal
18 to 21 years old Parental consent and Marriage impediment to the marriage. (Art. 29, FC)
counselling
Failure of Solemnizing Officer
22 to 25 years old Parental advice and Marriage • Marriage will be still valid. The Law permits marriages in articulo mortis
counselling without marriage license but it requires the solemnizing officer to make an
affidavit and file it.
Absence of the additional requirement of parental consent does not make the
• However, such affidavit is not an essential or formal requisite of marriage,
marriage void but only voidable.
the same with a Marriage Contract. The signing of the marriage contract and
the affidavit is only required for the purpose of evidencing the act, not a
Formal Requisites of Marriage
requisite of marriage. It is the obligation of the solemnizing officer. It does
• Marriage Ceremony
not affect the validity of marriage (De Loria v. Felix, G.R. No. L‐9005, Jun. 20,
• Authority of the solemnizing officer
1958).
• Valid marriage License
Authorized venues of marriage
• GR: Must be solemnized publicly within the jurisdiction of the authority of the
Absence of Requisites
solemnizing officer:
Absence of any of the essential requisites?
• Chambers of the judge or in open court
– Void ab initio
• Church, chapel or temple
• Office of the consul‐general, consul or vice‐consul
Absence of any of the formal requisites?
• XPN:
– GR: Void ab initio
• Marriage at the point of death
– XPN: Valid even in the absence of formal requisite:
• Marriage in remote places
• a. Marriages exempt from license requirement
• Marriage at a house or place designated by the parties with the
• b. Either or both parties believed in good faith that the solemnizing
written request to the solemnizing officer to that effect.
officer had the proper authority.
• Note: This provision is only directory, not mandatory. The requirement that
Defect and Irregularity
the marriage be solemnized in a particular venue or a public place is not an
Defect in essential requisites
essential requisite for the validity of the marriage.
– Voidable
Exception to the rule requiring authority of the solemnizing officer
Irregularity in formal requisites
• Marriages contracted with either or both parties believing in good faith that
– Valid, but the party responsible for such irregularity shall be civilly, criminally
the solemnizing officer had the authority to do so.
or administratively liable
Period of the validity of a marriage license
MARRIAGE CEREMONY
• A marriage license is valid in any part of the Philippines only for 120 days from
A valid marriage ceremony
the date of its issuance and shall be deemed automatically cancelled at the
• That which takes place with the:
expiration of said period.
• appearance of the contracting parties before the solemnizing officer
• Note: If the parties contracted marriage after 120 days lapsed from the
and
issuance of the marriage license, such marriage shall be considered void for
• their personal declaration that they shall take each other as husband
lack of marriage license.
and wife
• in the presence of not less that 2 witnesses of legal age.
Failure to obtain parental advice or undergo marriage counselling
• The issuance of marriage license is suspended for 3 months from the
Note: No particular form of ceremony or religious rite is required by law.
completion of publication of the application.
• Note: The marriage is valid in this case.
Marriage by Proxy
• If performed in the Philippines – No, it is not allowed, hence the marriage is Status of the marriage if the parties get married within said 3‐month period
void. • It depends.
– If the parties did not obtain a marriage license – the marriage shall be void
Note: Philippine laws prohibit marriages by proxy. Since the marriage is
for lack of marriage license.
performed in the Philippines, Philippine laws shall apply following the
– If the parties were able to obtain a marriage license – the marriage shall be
principle of lex loci celebrationis.
valid without prejudice to the actions that may be taken against the guilty
party.
• Contracted through Mistake of one party as to the identity of the
Issuance of Marriage License other;
• The local civil registrar of the city or municipality where either contracting • Contracted following the annulment or declaration of nullity of a
party habitually resides. previous marriage but Before partition, etc.;
• Bigamous or polygamous except as provided in Art. 41 FC on
Note: Obtaining a marriage license in a place other than where either party terminable bigamous marriages;
habitually resides is a mere irregularity. • Void due to Psychological incapacity;
• Each of the contracting parties shall file a separate or individual sworn • Void for reasons of Public policy
application with the proper local civil registrar
• Foreigners are further required to submit a Certificate of Legal Capacity Void and Voidable Marriages
issued by their respective diplomatic or consular officials before they can
obtain a marriage license. Void Marriage Voidable Marriage
• For stateless persons or refugees, in lieu of a certificate of legal capacity, an
affidavit stating the circumstances showing such capacity to contract Prescriptive Period
marriage must be submitted.
No prescriptive period GR: Within 5 years from
Absence of Certificate of Legal Capacity discovery of the ground
• The marriage is valid as this is merely an irregularity in complying with a XPN:
formal requirement of the law in procuring a marriage license, which will not 1. Lifetime of spouse in cases of
affect the validity of the marriage. (Garcia v. Recio, G.R. 138322, October 2, insanity
2001) 2. Before the party reaches 21
in cases where parents or
Exemptions guardians may file annulment
• Marriages among Muslims or members of ethnic cultural communities.
• Marriages in Articulo mortis. Children
–NOTE: Articulo Mortis means “at the point of death”, not merely in
danger of dying. GR: Illegitimate; Legitimate
• Marriages in Remote places. XPN: Those conceived or born of
–NOTE: “Remote Place” ‐ no means of transportation to enable the party marriages declared void under:
to personally appear before the solemnizing local civil registrar. Art.36 (Psychological incapacity), or
• Marriages between parties Cohabiting for at least 5 years Art. 52 in relation to Art. 53
• Marriages solemnized Outside the Philippines where no marriage license is
required by the country where it was solemnized. Judicial Declaration
• Marriages in articulo mortis Solemnized by a ship captain or airplane pilot
GR: Not necessary that there is judicial Necessary
• Marriages within Zones of military operation.
declaration
XPN: in case of remarriage
5 Year Cohabitation Rule
• 1. Living together as husband and wife at least 5 years before the marriage.
• The 5 year period must be characterized by: Void Marriage Voidable Marriage
– a. Exclusivity – the partners must live together exclusively, with
no other partners, during the whole 5‐year period. Status of marriage
– b. Continuity – such cohabitation was unbroken.
– Note: The period is counted from the date of celebration of marriage. Void ab initio Voidable: Valid until annulled
It should be the years immediately before the day of the marriage.
• 2. No legal impediment to marry each other. Petition filed
–Note: The five‐year period of cohabitation must have been a period of
legal union had it not been for the absence of marriage. Declaration of Nullity of Marriage Annulment of Marriage

(Sta. Maria No legal Impediment only required at the time of the marriage) Who may file
• Fact of absence of legal impediment must be Present at the time of the
marriage GR: Solely by the husband or wife. GR: Offended Spouse
• Parties must execute an Affidavit that they are living together as husband XPN: Any real party in interest, only in XPN:
and wife for 5 years and that they do not have any impediment to marry the following cases: 1.Parents or guardians in cases
• Solemnizing officer must execute a Sworn statement that he had ascertained Nullity of marriage cases commenced of insanity
the qualifications of the parties and found no legal impediment to their before the effectivity of A.M. No. 02‐11‐ 2.Parents or guardians before
marriage (Manzano v. Sanches, Mar. 1, 2001) 10.‐ March 15, 2003. the party reaches 21 years old
Marriages celebrated during the on the ground of Lack of
Marriage Certificate effectivity of the Civil Code. (De Dios Parental Authority
Carlos v. Sandoval, G.R. No. 179922,
MARRIAGE LICENSE MARRIAGE CERTIFICATE December 16, 2008).

Authorization by the state to Best evidence of the existence of


celebrate marriage. the marriage.

Formal requisite of marriage. Not an essential or formal requisite


of marriage. VOID MARRIAGE
1. Absence of any of the essential or formal requisites of marriage;
2. Contracted by any party below 18 years of age even with the consent of
MARRIAGE CELEBRATED ABROAD AND FOREIGN DIVORCE parents or guardians;
3. Solemnized without License, except those marriages that are exempt
Validity of marriage
from the license requirement;
• As to its extrinsic validity – Lex loci celebrationis
4. Solemnized by any person not Authorized to perform marriages unless
– Note: Locus regit actum ‐“the act is governed by the law of the place where
such marriages were contracted with either or both parties believing in
it is done” ‐ is adhered to here in the Philippines as regards the extrinsic
good faith that the solemnizing officer had the legal authority to do so;
validity of marriage.
5. Contracted through Mistake of one of the contracting party as to the
• As to its intrinsic validity – Personal law
identity of the other;
–Note: Personal law may either be the national law or the law of the place
6. Bigamous or polygamous marriages;
where the person is domiciled.
7. Subsequent marriages that are void under Art. 53 FC;
–If the person involved is a stateless person, domiciliary rule applies,
8. Marriages contracted by any party, who at the time of the celebration of
otherwise, lex nationalii applies.
the marriage, was Psychologically incapacitated;
9. Incentuous Marriages (Art. 37, FC)
Marriages between Filipinos solemnized abroad
10. Marriages declared void because they are contrary to Public policy (Art.
• GR: Marriages between Filipinos solemnized outside the Philippines in
38, FC).
accordance with the law of the foreign country where it is celebrated, if valid
there, shall be valid here as such.
• XPN: It shall be void, even if it is valid in the foreign country where the
Lack of free and voluntary consent
marriage was celebrated, if any of the following circumstances are present:
• When consent is obtained through mistake, fraud, force, intimidation or
• Lack of legal capacity even with parental consent (e.g. party is
undue influence, or when either of the contracting party is of unsound mind
below 18);
at the time of the celebration of the marriage, the marriage is annullable.
• Incestuous;
(Art. 45, FC)
Death of a party in a petition for declaration of nullity of marriages
CONTRACTED BY PARTY BELOW 18 • Before the entry of judgment – The court shall order the case closed and
• If Filipino- Void terminated without prejudice to the settlement of estate in proper
• If the national law of the foreigner recognizes 17 year old persons to be proceedings.
capacitated to marry, then their marriage is valid, otherwise it is void. • After the entry of judgment – The decision shall be binding upon the parties
• Note: Lex nationalii applies and their successors‐in‐interest in the settlement of the estate.

LACK OF AUTHORITY OF SOLEMNIZING OFFICER Heirs file a petition for the declaration of nullity
• GR: The marriage is void ab initio. • The advent of the Rule on Declaration of Absolute Nullity of Void Marriages
• XPN: marks the beginning of the end of the right of the heirs of the deceased
• Express ‐ If either or both parties believed in good faith that the solemnizer spouse to bring a nullity of marriage case against the surviving spouse. While
had the legal authority to do so. (Art. 35, FC) A.M. No. 02‐11‐10‐SC declares that a petition for declaration of absolute nullity
• Implied ‐ Article 10 in relation to Article 26 of the Family Code. If the of marriage may be filed solely by the husband or the wife, it does not mean
marriage between a foreigner and a Filipino citizen abroad solemnized by that the compulsory or intestate heirs are without any recourse under the
a Philippine consul assigned in that country is recognized as valid in the law. They can still protect their successional right, for, compulsory or
host country, such marriage shall be considered as valid in the Philippines. intestate heirs can still question the validity of the marriage of the spouses,
( Sta. Maria Jr., Persons and Family Relations Law) not in a proceeding for declaration of nullity but upon the death of a spouse
in a proceeding for the settlement of the estate of the deceased spouse filed
CONTRACTED THROUGH MISTAKE in the regular courts
• For marriage to be rendered void, the mistake in identity must be with
reference to the actual physical identity of other party, not merely a mistake Splitting Cause of Action
in the name, personal qualifications, character, social standing, etc. (Rabuya, • There is only one cause of action which is the nullity of the marriage. Hence,
p. 213) when the second case was filed based on another ground, there was a
splitting of a cause of action which is prohibited. The petitioner is estopped
BIGAMOUS MARRIAGES from asserting that the first marriage had no marriage license because in the
• GR: Void for being bigamous or polygamous. first case, he impliedly admitted the same when he did not question the
• XPN: Valid if it is a terminable bigamous marriage. absence of a marriage license. Litigants are provided with the options on the
• when a person contracts a second or subsequent marriage before the course of action to take in order to obtain judicial relief. Once an option has
former marriage has been legally dissolved, or before the absent spouse been taken and a case is filed in court, the parties must ventilate all matters
has been declared presumptively dead by means of judgment rendered in and relevant issues therein. The losing party who files another action
the proper proceedings. (Art. 349, RPC regarding the same controversy will be needlessly squandering time, effort
and financial resources because he is barred by law from litigating the same
PSYCHOLOGICAL INCAPACITY controversy all over again. (Mallion v. Alcantara, G.R. No. 141528, Oct. 31,
• There is no exact definition for psychological incapacity, but it was defined 2006)
by the Supreme Court as “no less than a mental (not physical) incapacity that
causes a party to be truly incognitive of the basic marital covenants that Retroactivity of Nullity
concomitantly must be assumed and discharged by the parties to the • Retroacts to the date of the celebration of the marriage. However, although
marriage.” the judicial declaration of nullity of a marriage on the ground of psychological
• The intendment of the law has been to confine the meaning of incapacity retroacts to the date of the celebration of the marriage insofar as
"psychological incapacity" to the most serious cases of personality disorders the vinculum between the parties is concerned, it must be noted that the
clearly demonstrative of an utter insensitivity or inability to give meaning and marriage is not without legal consequences or effects. One such
significance to the marriage. (Santos v. CA, G.R. No. 112019, Jan. 4, 1995) consequence or effect is the incurring of criminal liability for bigamy. To hold
otherwise would be to render nugatory the State's penal laws on bigamy as
Requisites of psychological incapacity it would allow individuals to deliberately ensure that each marital contract be
1. 1.Juridical antecedence – must be rooted in the history of the party flawed in some manner, and to thus escape the consequences of contracting
antedating the marriage, although overt manifestations may arise only after multiple marriages. (Tenebro v. CA, G.R. No. 150758, Feb. 18, 2004)
such marriage.
2. Gravity – grave enough to bring about the disability of the party to assume Judicial Declaration
the essential marital obligations. • For purposes of remarriage – judicial declaration of absolute nullity is
3. Permanence or incurability – must be incurable. If curable, the cure should necessary.
be beyond the means of the parties involved. • Note: In the instance where a party who has previously contracted a marriage
which is legally unassailable, he is required by law to prove that the previous
one was an absolute nullity. But this he may do on the basis solely of a final
INCESTUOUS MARRIAGES judgment declaring such previous marriage void.
• For purposes other than remarriage – no judicial action is necessary.
• Those marriages: • Note: Here, evidence may be adduced, testimonial or documentary, to prove
– Between ascendants and descendants of any degree; the existence of the grounds rendering such a previous marriage an absolute
– Between brothers and sisters whether of the full or half blood. nullity. But these need not be limited solely to an earlier final judgment of a
– Note: Regardless of whether the relationship between the parties is court declaring such marriage void. (Rabuya, Civil Law Reviewer, 2009 ed)
legitimate or illegitimate.

VOID BY REASON OF PUBLIC POLICY SUBSEQUENT MARRIAGE


• Collateral blood relatives (legitimate or Illegitimate) up to the 4th civil • Valid subsequent marriage during the subsistence of a prior marriage
degree; • In case of terminable bigamous marriages. If before the celebration of the
• Step‐parents & step‐children; subsequent marriage: ABD
• Parents‐in‐law & children‐in‐law; • The Absent spouse had been absent for 4 consecutive years
• Adopting parent & the adopted child; (ordinary absence) or 2 consecutive years (extra‐ordinary absence);
• Surviving spouse of the adopting parent & the adopted child; • The present spouse has a well‐founded Belief that the absent
• Surviving spouse of the adopted child & the adopter; spouse is already dead;
• Adopted child & legitimate child of the adopter; • There is judicial Declaration of presumptive death in a summary
• Adopted children of the same adopter; proceeding.
• Parties where one, with the intention to marry the other, kills the latter’s • If both spouses of subsequent marriage acted in bad faith, such marriage is
spouse, or his/her spouse. void ab initio.
• Note: List is exclusive. If not falling within this enumeration, the marriage
shall be valid. Such as marriages between: Extra-Judicial Termination of Marriage
– Adopted and Illegitimate child of the adopter • The recording of the affidavit of reappearance of the absent spouse in the
– Step brother and step sister civil registry of the residence of the parties to the subsequent marriage shall
– Brother‐in‐law and sister‐in‐law automatically terminate the terminable bigamous marriage unless there is a
– Parties who have been guilty of adultery or concubinage judgment annulling the previous marriage or declaring it void ab initio. (Art.
42)
PRESCRIPTION • In Art 42, FC, no judicial proceeding to annul a subsequent marriage
• The time for filing an action or defense for the declaration of absolute nullity contracted under Art. 41 is necessary. Also, the termination of the
of marriage, whether in a direct or collateral manner, does not prescribe. subsequent marriage by affidavit provided for in Art. 42 does not preclude
• Note: Any of the parties in a void marriage can file an action for the the filing of an action in court to prove the reappearance of the absentee and
declaration of nullity of marriage even though such party is the wrongdoer. obtain a declaration of dissolution or termination of the subsequent
marriage. (SSS v. Jarque Vda. De Bailon, G.R. No. 165545, Mar. 24, 2006)
DRUG ADDICTION
Subsequent Bigamous Marriages
• The subsequent marriage of a person whose prior marriage has been Declaration of nullity of marriage:
annulled but contracted said subsequent marriage without compliance with • The drug addiction must amount to psychological incapacity to
Art. 52, FC, shall be void. comply with the essential obligations of marriage;
• Before he contracts a subsequent marriage, he must first comply with the • It must be antecedent (existing at the time of marriage), grave and
requirement provided for in Art. 52, viz: incurable:
• The recording in the civil registries and registries of properties of the
Annulment of marriage:
following: JPDD
• The drug addiction must be concealed;
• Judgment of annulment;
• It must exist at the time of marriage;
• Partition;
• There should be no cohabitation with full knowledge of the drug
• Distribution of properties, and
addiction;
• Delivery of presumptive legitimes
• The case is filed within five (5) years from discovery.
VOIDABLE MARRIAGES Legal separation:
• A voidable marriage is considered valid and produces all its civil effects until • There should be no condonation or consent to the drug addiction;
it is set aside by final judgment of a competent court in an action for • The action must be filed within five (5) years from the occurrence of the
annulment. cause.
• Drug addiction arises during the marriage and not at the time of
Ratification of Voidable Marriages marriage. (Bar Question 1997)
GROUND RATIFICATION
Occurrence during marriage
• if drug addiction, habitual alcoholism, lesbianism or homosexuality
Marriage of a party 18 years of age or Contracting party who failed to
should occur only during the marriage, they will:
over but below 21 solemnized obtain parental consent: Through
• Not constitute as grounds for declaration of nullity. (Art. 36, FC)
without the consent of the parents, free cohabitation after attaining the
• Constitute as grounds for legal separation. (Art. 55, FC); and
guardian or person having substitute age of 21.
• Not constitute as grounds to render the marriage voidable. (Arts. 45 and
parental authority over the party, in Note: The parents cannot ratify the
46 of the FC) (2002 Bar Question)
that order marriage. The effect of prescription
on their part is that they are barred
VITIATED CONSENT
from contesting it but the marriage is
• GR: Consent of either party was obtained by force, intimidation or undue
not yet cleansed of its defect.
influence
Either party was of unsound mind Insane spouse: Through free • XPN: If the same having disappeared or ceased, such party thereafter freely
cohabitation after coming to reason cohabited with the other as husband and wife

IMPOTENCE
Consent of either party was obtained Injured party: Through free • Ground for annulment of marriage
by fraud cohabitation with full knowledge of • Exists at the time of the Celebration of marriage
the facts constituting the fraud. • Permanent (does not have to be absolute)
• Incurable
• Unknown to the other spouse
• Other spouse must not also be Impotent
• GR: No.Presumption is in favor of potency.
Vices of consent such as force, Injured party: Through free
• XPN: Doctrine of triennial cohabitation.
intimidation or undue influence cohabitation after the vices have
ceased or disappeared.
Triennial cohabitation
• After 3 years of living together with her husband, the wife remained a virgin,
Impotence and STD May not be ratified but action may
the husband is presumed to be impotent.
be barred by prescription only,
which is 5 years after the marriage
SEXUALLY TRANSMITTED DISEASE
Ground for Annulment
UNSOUND MIND • One of the parties is Afflicted with STD
• Test to determine unsoundness of mind • STD must be:
– It is essential that the mental incapacity must relate specifically to the • a. Existing at the time the marriage is celebrated
contract of marriage and the test is whether the party at the time of the • b. Serious
marriage was capable of understanding the nature and consequences of • c. apparently Incurable
the marriage • The other spouse must not be Aware of the other’s affliction
• Injured party must be Free from STD.
Who may file Annulment
• GR: The sane spouse has the legal standing to file the action for annulment Art 45 vs 46
only in cases where he or she contracted the marriage without knowledge of
the other’s insanity. ART 45 ART 46
• XPN: When the sane spouse had knowledge of the other’s insanity, action for AFFLICTION CONCEALMENT
annulment may be filed only by the following;
• Any relative or guardian or person having legal charge of the insane The fact of being afflicted is the The act of concealing is the ground for
• The insane spouse during a lucid interval or after regaining sanity ground for annulment annulment as it constitutes Fraud

FRAUD
Circumstances constituting fraud under Art. 45 Whether concealed or not There must be concealment
• Non‐disclosure of conviction by final judgment of crime involving moral
turpitude; Must be Serious and Incurable Does not have to be serious and
• Concealment by the wife of the fact that at the time of marriage, she was incurable
Pregnant by a man other than her husband;
• Concealment of Sexually transmitted disease, regardless of nature, existing
at the time of marriage;
• Concealment of Drug addiction, habitual alcoholism, homosexuality and
lesbianism. (Art. 46)
• Note: Any other misrepresentation as to character, health, rank, fortune
or chastity is not a ground for annulment.
• Note: Where there has been no misrepresentation or fraud, that is, when
the husband at the time of the marriage knew that the wife was
pregnant, the marriage cannot be annulled. Here, the child was born less
than 3 months after the celebration of the marriage. Supreme Court
refused to annul the marriage for the reason that the woman was at an
advance stage of pregnancy at the time of the marriage and such
condition must have been patent to the husband. (Buccat v. Buccat, G.R.
No. 47101, Apr. 25, 1941)
Who May and When To Liquidation of Property

Who May File When to File Void marriages:


– GR: The rules on co‐ownership under the Civil Code. (Valdes v. RTC)
Marriage was solemnized without the consent of the parents, guardian or – XPN: Art. 43(2) of the Family Code in marriages declared void under Art. 40.
person having substitute parental authority over the party (Art. 50)

Contracting party Within 5 years after attaining the Voidable marriages under Art. 45: shall be liquidated in accordance with Art.
age of 21 43(2) of the Family Code.(Art. 50)
• Note: In both instances under Articles 40 and 45, the marriages are governed
Either party was of unsound mind either by absolute community of property or conjugal partnership of gains
unless the parties agree to a complete separation of property in a marriage
Sane spouse who had no At any time before the death of settlement entered into before the marriage. Since the property relations of
knowledge of the other’s insanity either party the parties is governed by absolute community of property or conjugal
partnership of gains, there is a need to liquidate, partition and distribute the
properties. (Dino v. Dino, G.R. No. 178044, January 19, 2011)
Any relative, guardian or person At any time before the death of
having legal charge of the insane either party • The final judgment shall provide for the ff:
–Liquidation, partition and distribution of the properties of the spouses;
–Custody and support of the common children; and
Insane spouse During a lucid interval or after
–Delivery of their presumptive legitimes,
regaining sanity

The consent of either party was obtained by fraud • Unless such matters had already been adjudicated in previous judicial
proceedings, in which case, the final judgment of nullity or annulment need
Injured party Within 5 years after the discovery of not provide for those which have already been adjudicated.
fraud
• Note: Where there was a failure to record in the civil registry and registry of
property the judgment of annulment or absolute nullity of the marriage, the
Who May File When To File partition and distribution of the property of the spouses, and the delivery of
the children’s presumptive legitimes, it shall not affect third persons. (Arts.
52 & 53)
The consent of either party was obtained by force, intimidation, or undue
influence Forms of presumptive legitime
• cash
Injured party Within 5 years from the time the • property
force, intimidation, or undue
• sound security
influence disappeared or ceased
Requisites before second marriage if Annulled
Either party was physically incapable of consummating the marriage with the
• He must comply with the requirement provided for in Art. 52, before he
other, and such incapacity continues and appears to be incurable
contracts a subsequent marriage, viz:
Injured party Within 5 years after the celebration • The recording in the civil registries and registries of properties of
of marriage the following: JPDD
• Judgment of annulment;
Either party was afflicted with a sexually transmissible disease found to be • Partition;
serious and appears to be incurable • Distribution of properties; and
• Delivery of presumptive legitimes.
Injured party Within 5 years after the celebration
of marriage
Legal SEPARATION
Grounds for legal separation
• Repeated Physical violence or grossly abusive conduct against petitioner,
Role of Prosecutor/Solicitor General
common child, child of petitioner;
• They shall take steps to prevent collusion between the parties and to take
• Attempt to corrupt or induce petitioner, common child, child of petitioner to
care that evidence is not suppressed. Concomitantly, even if there is no
engage in prostitution, or connivance in such corruption or inducement
suppression of evidence, the public prosecutor has to make sure that the
• Attempt by respondent against Lifeof petitioner;
evidence to be presented or laid down before the court is not fabricated.
• Final judgment sentencing respondent to imprisonment of more than 6
Truly, only the active participation of the public prosecutor or the Solicitor
years;
General will ensure that the interest of the State is represented and
• Drug Addiction or habitual alcoholismof respondent;
protected in proceedings for declaration of nullity of marriages by preventing
– Note:It must exist after celebration of marriage
the fabrication or suppression of evidence
• Physical violence or moral pressure to Compel petitioner to change religious
or political affiliation;
Non‐intervention of the prosecutor
• Bigamous marriage Subsequently contracted by respondent in the
• GR: Fatal
Philippines or abroad
• XPN: In cases where the respondent in a petition for annulment vehemently
• Sexual Infidelity or perversion;
opposed the same and where he does not allege that evidence was
• Lesbianism/homosexuality of respondent;
suppressed or fabricated by any of the parties. (Tuason v. CA, G.R. No. 116607,
–Note: It must exist after celebration of marriage
April 10, 1996)
• Abandonment of petitioner by respondent without justifiable cause for more
than 1 year.
Actions prohibited
• Compromise
Prescriptive period
• Confession of judgment
• An action for legal separation shall be filed within five years from the time of
• Stipulation of facts
the occurrence of the cause (Art. 57, FC). An action filed beyond that period
• Summary judgment
is deemed prescribed
• Judgment on the pleading

Note: What the law prohibits is a judgment based exclusively or mainly on Mandatory cooling‐off period
defendant's confession (Ocampo v. Florenciano, 107 Phil. 35). Thus, • The requirement set forth by law that an action for legal separation shall in
stipulation of facts or confession of judgment if sufficiently supported by no case shall be tried before 6 months has elapsed since the filing of the
other independent substantial evidence to support the main ground relied petition, to enable the contending spouses to settle differences. In other words,
upon, may warrant an annulment or declaration of absolute nullity. it is for possible reconciliation.
– Note: There is no cooling‐off period if the ground alleged are those under
Duty of the court during Pendency of Action R.A. 9262
• The Court shall, in the absence of adequate written agreement between the
spouses, provide for the: Duty of the Court in Legal Separation
– Support of the spouses • The Court shall take steps toward the reconciliation of the spouses and must
– Support and custody of the common children. be fully satisfied, despite such efforts, that reconciliation is highly improbable
– Visitation rights of the other parent
CONFESSION OF JUDGMENT
• A decree of legal separation cannot be issued solely on the basis of a
stipulation of facts or a confession of judgment. The grounds for legal
• separation must be proved. Neither confession of judgment nor summary the LS. This absence gives the innocent spouse the right to choose
judgment is allowed. whether the offending spouse will be reinstituted.
–Note: What the law prohibits is a judgment based exclusively or mainly
on defendant's confession. ( Ocampo v. Florenciano,G.R. No. L‐13553, • As to the forfeited shares:
February 23, 1960) • Those given to the children cannot be returned since the spouses are no
longer the owners of such. But those given to the innocent spouse may
Who, When, Where be returned.

Who May File When To File Reconciliation and Property Regime


• If the spouses want to revive the previous property regime, they must
execute an agreement to revive the former property regime, which
The consent of either party was obtained by force, intimidation, or undue
agreement shall be submitted in court, together with a verified motion for its
influence
approval. (Art. 67, Family Code)
Injured party Within 5 years from the time the • The agreement to revive must be under oath and specify:
force, intimidation, or undue • The properties to be contributed anew to the restored regime;
influence disappeared or ceased • Those to be retained as separated properties of each spouse; and
• The names of all their known creditors, their addresses and the
Either party was physically incapable of consummating the marriage amounts owing to each.
with the other, and such incapacity continues and appears to be
incurable Who May File When To File
Injured party Within 5 years after the
The consent of either party was obtained by force, intimidation, or
celebration of marriage
undue influence
Either party was afflicted with a sexually transmissible disease found to
Injured party Within 5 years from the time the
be serious and appears to be incurable
force, intimidation, or undue
Injured party Within 5 years after the influence disappeared or ceased
celebration of marriage
Either party was physically incapable of consummating the marriage
with the other, and such incapacity continues and appears to be
incurable
EFFECTS OF FILING PETITION
• The spouses shall be entitled to live separately from each other. Injured party Within 5 years after the
• In the absence of an agreement between the parties, the court shall celebration of marriage
designate either the husband or the wife or a 3rd person to administer the
absolute community or conjugal partnership property. Either party was afflicted with a sexually transmissible disease found to
be serious and appears to be incurable
Death before Decree
Injured party Within 5 years after the
• The death of plaintiff before a decree of legal separation abates such action.
celebration of marriage
Being personal in character, it follows that the death of one party to the
action causes the death of the action itself ‐ actio personalis moritur cum
persona. Even if property rights are involved, because these rights are mere Who May File When To File
effects of the decree of legal separation, being rights in expectation, these
rights do not come into existence as a result of the death of a party. Also
under the Rules of Court, an action for legal separation or annulment of The consent of either party was obtained by force, intimidation, or
marriage is not one which survives the death of spouse. (Lapuz v. Eufemio, undue influence
G.R. No. L‐31429, Jan. 31, 1972)
Injured party Within 5 years from the time the
force, intimidation, or undue
EFFECTS OF LEGAL SEPARATION
influence disappeared or ceased
• Spouses entitled to live separately;
–Note: Marriage bond not severed Either party was physically incapable of consummating the marriage
• ACP/CPG shall be dissolved or liquidated; with the other, and such incapacity continues and appears to be
–Note:But offending spouse shall have no right to any share of the net incurable
profits earned by the AC/CP which shall be forfeited in according w/ Art.
43(2). Injured party Within 5 years after the
• Custody of minor children is awarded to the innocent spouse (subject to Art. celebration of marriage
213, FC);
• Offending spouse is disqualified to inherit from innocent spouse by intestate Either party was afflicted with a sexually transmissible disease found to
succession; be serious and appears to be incurable
• Provisions in will of innocent spouse which favors offending spouse shall be
revoked by operation of law; Injured party Within 5 years after the
• Innocent spouse may revoke donations he/she made in favor of offending celebration of marriage
spouse;
– Note: Prescriptive period: 5 years from finality of decree of legal
separation RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
• Innocent spouse may revoke designation of offending spouse as beneficiary
in any insurance policy (even when stipulated as irrevocable). 1.Essential marital obligations
• Live together
RECONCILIATION – Note: Includes consortium and copulation
• Observe mutual love, respect, fidelity
Effects of reconciliation • Render mutual help and support
• As to the Decree:
o During the pendency of the case: LS proceedings terminated in 2. Fix the family domicile (Art. 69, FC)
whatever stage
o After the issuance of the decree: Final decree of LS to be set aside 3. Jointly support the family (Art. 70, FC)
a. Expenses shall be paid from the community property
• As to the Property Regime: b. In the absence thereof from the income or fruits of their separate
• GR: With respect to separation of properties, the same shall subsist. properties
• XPN: The parties, however, can come into an agreement to revive their c. In the absence or insufficiency thereof from their separate properties
previous regime. Their agreement must be under oath and must
contain a list of the properties desired to be returned to the 4. Manage the household (Art. 71, FC)
community or conjugal property and those which will remain
5. Not to neglect duties, or commit acts which tend to bring danger, dishonor,
separate, a list of creditors and their addresses.
or injury to family (Art. 72, FC)
• As to capacity to succeed: 6. Either spouse may practice any legitimate profession/business, even without
• The Family Code does not provide for the revival of revoked provisions the consent of the other. (Art. 73, FC)
in a will originally made in favor of the offending party as a result of –Note: Other spouse may object on valid, serious and moral grounds.
• In case of disagreement, the court shall decide whether: Modification of Marriage Settlement
• a. Objection is proper; and
• b. Benefit has accrued to the family before and after the objection. For any modification in the MS to be valid:
• Note: The foregoing shall not prejudice right of creditors who • The requisites for a valid MS must be present;
acted in good faith. • There must be judicial approval;
• Subject to the provisions of Arts. 66, 67, 128, 135, and 136.
Obligations compelled by Court
• GR: Performance of EMO under Art. 68 cannot be compelled by court Donations by Reason of Marriage
because it will be a violation of personal liberty. • Those donations which are made before the celebration of the marriage,
• XPN: Giving support (Arroyo v. Arroyo, G.R. No. L‐17014, Aug. 11, 1921) in consideration of the same, and in favor of one or both parties

Expenses for the Support Donations propter Nuptias


rd
Expenses shall be taken from
• Community property By a 3 Person
• In the absence thereof, from the income of separate properties. • Made before celebration of marriage;
• In the absence of such income, from the separate properties. • Made in consideration of the marriage;
• Made in favor of one or both of the future spouses.

By a Spouse
Property Relations
• There must be marriage settlement (MS) stipulating a property regime other
GR: Philippine laws shall govern, regardless of place of celebration and than ACP;
residence of spouses, in the absence of contrary stipulation in a marriage • Donation in the MS be not more that 1/5 of the present property;
settlement. (Art. 80, Family Code) • There must be acceptance by the other spouse.

XPN: Lex rei sitae applies:


1. Where both spouses are aliens; VOID DONATIONS BY THE SPOUSES
2. With respect to the extrinsic validity of contracts:
a. affecting property not situated in the Philippines; and Before the marriage:
b. executed in the country where the property is located; • GR: Future spouses cannot donate to each other more than 1/5 of their
3. With respect to extrinsic validity of contracts: present property (Excess shall be considered void)
a. entered into in the Philippines; but • XPN: If they are governed by ACP, then each spouse can donate to each other
b. affecting property situated in a foreign country whose laws in their marriage settlements present property without limit, provided there
require different formalities for its extrinsic validity is sufficient property left for their support and the legitimes are not impaired.

During the marriage:


• Property Relations shall be governed by
• GR: Every donation or grant of gratuitous advantage, direct or indirect,
1. Marriage settlement
between spouses are considered void.
2. Provisions of the Family Code
• XPN: Moderate gifts on the occasion of any family rejoicing.
3. Local custom
• Note: The aforementioned rules also apply to common law spouses.
– NB: in order stated
Reason for Void Donations
• To protect unsecured creditors from being defrauded;
Waiver of Share in ACP/CPG
• To prevent the stronger spouse from imposing upon the weaker spouse
GR: No. transfer of the latter’s property to the former;
• To prevent indirect modification of the marriage settlement.
XPN: In case of judicial separation of property.
• Note: The waiver must be in a public instrument and recorded in the office of
the local civil registrar where the marriage contract was recorded as well as Revocation of DPN
in the proper registry of property
G R O U N D S (Art. 86) PRESCRIPTIVE PERIOD
MARRIAGE SETTLEMENTS
• It is a contract entered into by spouses about to be married for the purpose
of fixing the terms and conditions of their property relations with regard to Perio Reckoning Point
their present and future property. d
• It is also refered to as Ante Nuptial Agreement or Matrimonial
Contract.(Pineda, 2008 edition)
Marriage is not celebrated 5yrs Time the marriage
Requisites of a valid Marriage Settlement XPN: Those automatically rendered void was not solemnized
• In writing; by law on the fixed date.
• Signed by the parties; (art. 1149)
• Executed before the celebration of marriage;
• Registration (to bind 3rd persons). Marriage is Ground for nullity: Revoked by operation of law
• Note: The provisions in the marriage settlement must be in accordance with judicially
declared a. Contracted subsequent
law, morals or public policy, otherwise such agreement is void (Paras, Civil
void marriage before prior
Code, book I, pp. 516) 5 yrs Finality of judicial
marriage has been
judicially declared void declaration of nullity
Who May File When To File (if action is to recover
b. any other grounds property)
The consent of either party was obtained by force, intimidation, or
undue influence Marriage took place without consent of 5 yrs Time the donor came
parents, when required by law to know that the
Injured party Within 5 years from the time the required parental
force, intimidation, or undue consent was not
influence disappeared or ceased obtained

Either party was physically incapable of consummating the marriage


with the other, and such incapacity continues and appears to be
incurable

Injured party Within 5 years after the celebration of


marriage

Either party was afflicted with a sexually transmissible disease found to


be serious and appears to be incurable

Injured party Within 5 years after the celebration of


marriage
G R O U N D S (Art. 86) PRESCRIPTIVE PERIOD ACP CPG ASOP

Period Reckoning Point Consist of

Marriage is not celebrated 5yrs Time the marriage All the properties Each spouse retains his/her
XPN: Those automatically rendered was not solemnized owned by the property before the marriage
void by law on the fixed date. spouses at the time and only the fruits and income of
(art. 1149) of marriage become such properties become part of
community the conjugal properties during
Marriage is Ground for nullity: Revoked by operation of law property the marriage
judicially
declared
a. Contracted
void Effect of separation in fact
subsequent marriage
before prior marriage
5 yrs Finality of judicial
has been judicially The separation in fact shall not affect the regime of ACP.
declared void declaration of nullity
(if action is to recover But:
b. any other grounds property)
The spouse who leaves the conjugal home or refuses to
live therein, without just cause, shall not have the right to
Marriage took place without consent of 5 yrs Time the donor came be supported;
parents, when required by law to know that the
required parental When consent of one spouse to any transaction of the
consent was not other is required by law, judicial authorization shall be
obtained obtained in a summary proceeding.

In case of insufficiency of community or conjugal


partnership property, separate property of both spouses
Acts of ingratitude
• Commission of an offense against the person, honor or property of the donor, shall be solidarily liable for the support of the family.
his wife or his children under his parental authority Spouse present shall, upon proper petition in a summary
• GR: Imputation to the donor any criminal offense or any act involving moral proceeding, be given judicial authority to administer or
turpitude encumber any specific separate property of the other
– XPN: ifthe crime was committed against the donee himself, his wife or spouse and use the fruits or proceeds thereof to satisfy
his children under his authority the latter’s share.

• Undue refusal to support the donor when he is legally or morally bound to (Arts. 100 & 127, FC)
give such support.

Property regimes
• Absolute Community of Property (ACP) ACP CPG ASOP
• Conjugal Partnership of Gains (CPG)
• Absolute Separation of Property (ASOP)
• Any other regime within limits provided by the Family Code Effect of dissolution

Upon dissolution Upon dissolution


ACP CPG ASOP and liquidation of and liquidation of
the community the community
property, what is property, what is
When it applies divided equally divided equally
between the between the
When spouses: When the future 1. When future spouses or their spouses or their
spouses adopt it in a spouses adopt it in a heirs is the net heirs is the net
1. Adopt it in a marriage settlement marriage settlement remainder of the remainder of the
marriage settlement; properties of the properties of the
2. ACP or CPG is ACP ACP
2.Do not choose any dissolved
economic system; or
3. Prior marriage is
3.Adopted a dissolved due to Revival of Property Regime
different property death of one spouse 1. Civil interdiction of the prisoner‐spouse terminates;
regime and the same and surviving spouse 2. Absentee spouse reappears
is void. failed to comply with 3. Court authorizes Resumption of administration by the spouse formerly
the requirements exercising such power;
under Art 103 4. Spouse who has Abandoned the conjugal home returns and resumes
(judicial settlement common life with the other;
proceeding of the 5. Parental authority is judicially restored to the spouse previously deprived
estate of deceased thereof;
6. Reconciliation and resumption of common life of spouse who had been
spouse)
separated in fact for at least 1 year;
4. By judicial order. 7. Spouses agree to revive their former property regime.
Judicial separation of
Transfer of administration of the exclusive property
property may either
When one spouse: CFAG
be voluntary or for
• sentenced to penalty with Civil interdiction;
sufficient cause. • becomes a Fugitive from justice or is hiding as an accused in a criminal case;
• Is judicially declared Absent;
• Becomes a Guardian of the other.
– Note: Transfer of administration of the exclusive property of either
spouses does not confer ownership over the same. (Rodriguez v. De la
Cruz, GR No. 3629, Sept. 28, 1907)
Commencement of ACP In case of disagreement
• That of the husband but subject to recourse to the court by the wife for
Absolute community of property shall commence proper remedy.
• At the precise moment of the celebration of the marriage. i.e. actual time the • Note: Prescriptive period for recourse is 5 years from the date of the contract
marriage is celebrated on a certain date. implementing such decision.
– Note: Any stipulation, express or implied, for the commencement of the
community regime at any other time shall be void. Acts without the consent of the other or without court approval
• If one spouse acts without the consent of the other or without court
approval, such disposition or encumbrance is void.
ABSOLUTE COMMUNITY PROPERTY • However, the transaction shall be construed as a continuing offer on the part
of the consenting spouse and the 3rd person which may be perfected as a
Includes:
binding contract upon acceptance by the spouse or court approval.
• 1. All the property owned by the spouses:
– a. at the time of the celebration of the marriage; or
Community property is insufficient
– b. acquired thereafter;
• GR: The spouses shall be solidarily liable for the unpaid balance with their
• 2. Property acquired during the marriage by gratuitous title, if expressly made
separate properties.
to form part of the community property by the donor, testator or grantor;
• XPN: Those falling under paragraph 9 of Art. 94. (Ante‐nuptial debts, support
• 3. Jewelries, etc.;
of illegitimate children, liabilities incurred by spouse by reason of a crime or
• 4. Winnings in gambling.
quasi‐delict) –in which case the exclusive property of the spouse who
Excludes: incurred such debts will be liable. However, if the exclusive property is
• Property acquired during the marriage by gratuitous title and its fruits; insufficient, payment will be considered as advances to be deducted from
– XPN: If expressly provided by the donor, testator or grantor that they share of debtor‐spouse. (Art. 94 (9) of the Family Code)
shall form part of the community property
• Property for personal and exclusive useof either spouse;
– XPN: Jewelries shall form part of the ACP because of their monitary Abandonment
value. • When a spouse leaves the conjugal dwelling without intention of returning.
• Property acquired before the marriage by one with legitimate descendants • Note:3 months disappearance without any information as to the
by former marriage and its fruits and income; spouse’s whereabouts shall be prima facie presumption of
• Those excluded by the marriage settlement. abandonment of the other spouse. (Art. 101, FC)

Presumption Remedies to Abandonment


• Property acquired during the marriage is presumed to belong to the • Petition the court for:
community, unless proven otherwise by strong and convincing evidence. (Art • Receivership;
.93) • Judicial separation of property;
• Authority to be the sole administrator of the absolute community.
CHARGES UPON AND OBLIGATIONS OF THE COMMUNITY PROPERTY
1. The support of the spouses, their common children, and legitimate children Sale between spouses
of either spouse; • GR: No, such sale is considered void
2. All debts and obligations contracted during the marriage by: • XPNs:
a. the designated administrator‐spouse for the benefit of the • When a separation of property was agreed upon in the marriage
community settlement;
b. by both spouses • When there has been a judicial separation of property under
c. by one spouse with the consent of the other; Articles 135 and 136 of FC (Art. 1490, NCC).
3. Debts and obligations contracted by either spouse without the consent of
the other to the extent that the family may have been benefited; DISSOLUTION OF COMMUNITY REGIME
4. All taxes, liens, charges and expenses, including major or minor repairs, 1. Death of either spouse;
upon the community property; 2. Legal separation;
5. All taxes and expenses for mere preservationmade during marriage upon the 3. Annulment;
separate property of either spouse used by the family; 4. Judicial separation of property during marriage.
6. Expenses to enable either spouse to commence or complete a professional
or vocational course, or other activity for self‐improvement; Procedure in case of dissolution of ACP
7. Ante nuptial debts of either spouse insofar as they have redounded to the 1. Inventory of all properties;
benefit of the family; 2. Payment of community debts;
8. The value of what is donated or promised by both spouses in favor of their – Note: First, pay out of the community assets. If not enough,
common legitimate children for the exclusive purpose of commencing or husband and the wife are solidarily liable for the unpaid balance
completing a professional or vocational course or other activity for self‐ with their separate properties
improvement; 3. Delivery to each spouse of his/her remaining exclusive properties;
9. Payment, in case of absence or insufficiency of the exclusive property of the 4. Equal division of net community assets
debtor‐spouse, of:
Unless there is:
a. Ante nuptial debts of either spouse which did not redound to the
a. An agreement for a different proportion; or
benefit of the family;
b. A voluntary waiver of such share;
b. the support of illegitimatechildren of either spouse;
5. Delivery of the presumptive legitimes of the children;
c. liabilities incurred by either spouse by reason of a crime or quasi‐
6. Adjudication of conjugal dwelling and custody of common children.
delict;
i. Note: The payment of which shall be considered as advances to be
Procedure in case of dissolution of ACP in case of death
deducted from the share of the debtor‐spouse upon liquidation of
• Community property shall be liquidated in the same proceeding for the
the community
settlement of the estate of the deceased.
10. Expenses of litigation between the spouses.
• If no judicial proceeding is instituted, the surviving spouse shall, judicially or
– XPN: Suit is found to be groundless, it cannot be charged against the ACP.
extra‐judicially, liquidate the community property within 6 months from the
death of the deceased spouse. (Art. 103)
OWNERSHIP, ADMINISTRATION, ENJOYMENT AND DISPOSITION OF THE
Failure to liquidate
COMMUNITY PROPERTY
• Failure to do so would render any disposition or encumbrance involving
Right to administer the community property community property of the terminated marriage void.

GR: It belongs to both spouses jointly.


CONJUGAL PARTNERSHIP OF GAINS.
XPN: If one spouse is incapacitated or otherwise unable to participate in the It is the property relation formed by the husband and the wife by placing in a
administration of the common properties – capacitated or able spouse may common fund:
assume sole powers of administration 1. the proceeds, product, fruits and income of their separate properties;
2. those acquired by them through:
But such powers do not include: DAE • a. effort
• Disposition; • b. chance
• Alienation; or
• Encumbrance of the conjugal or community property Conjugal partnership commences
At the precise moment when the marriage ceremony is celebrated.
Exclusive properties of the spouses Sufficient causes for judicial separation of property
1. Civil interdiction of the spouse of petitioner;
1. Those brought into the marriage as his/her own; 2. Judicial declaration of absence;
a. Note: A property purchased before the marriage and fully paid 3. Loss of parental authority as decreed by the court;
during the marriage remains to be a separate property of either 4. Abandonment or failure to comply with family obligation;
spouse. (Lorenzo v. Nicolas, L‐4085, July 30, 1952) 5. Administrator spouse has abused authority;
2. Those acquired during the marriage by gratuitous title; 6. Separation in fact for one year and reconciliation is highly improbable.
3. Those acquired by right of redemption, barter or exchange with exclusive
property; Effects of judicial separation of property between spouses
4. That purchased with exclusive money of either spouse. • The absolute community or conjugal partnership is dissolved;
a. Note: The controlling factor is the source of the money used, or the • The liability of the spouses to creditors shall be solidary with their separate
money promised to be paid. properties;
• Mutual obligation to support each other continues;
Improvement of exclusive property – XPN: When there is legal separation
• Reverse accession – If the cost of the improvement and the additional value is • Rights previously acquired by creditors are not prejudiced.
more than the value of the principal property at the time of the improvement,
the property becomes conjugal. SEPARATION OF PROPERTY
• Accession – If the cost of the improvement and the additional value is equal 1. Marriage settlement
to or less than the value of the principal property, the entire property 2. Family Code in suppletory character.
becomes the exclusive property of the spouses – Governs regime of separation of property

Property that Constitutes CPG


• Those acquired during the marriage with conjugal funds; Kinds of separation of property
• Those obtained from labor, industry, work or profession of either or both
spouse; As to extent:
• Fruits of conjugal property due or received during the marriage and net fruits o Total
of separate property; o Partial‐ In this case, the property not agreed upon as separate shall
• Share of either spouse in hidden treasure; pertain to the absolute community.
• Those acquired through occupation such as hunting or fishing;
• Livestock in excess of what was brought to the marriage; As to kinds of property:
• Those acquired by chance such as winnings in gamblings and bettings • Present property
• Future property
Property acquired through Installment • Both present and future property
• full ownership was vested before the marriage – it shall belong to the buyer
spouse. Rights of the spouses under the regime of separation of property
• full ownership was vested during the marriage – it shall belong to the • Each spouse shall administer, dispose of, own, possess, and enjoy his or her
conjugal partnership. own separate property, without need of the consent of the other.
• Each spouse shall own all earnings from his or her profession, business and
Charges upon CPG industry and all fruits, natural, industrial or civil, due or received during the
1. Support of the spouses, their common children and the legitimate marriage from his or her separate property.
children of either spouse;
2. Debts and obligations contracted by one without the consent of the Liabilities for family expenses of the spouses under the regime of separation
other to the extent that the family benefited; of property
3. Debts and obligations contracted during the marriage by an • GR: Both spouses shall bear the family expenses in proportion to their
administrator‐spouse, both spouses or one with the consent of the income.
other; • XPN: In case of insufficiency or default thereof, to the current market value
4. Taxes, liens, charges, expenses upon conjugal property; of their separate properties.
5. Taxes and expenses for mere preservation of separate property; • Spouses shall be solidarily liable to creditors for family expenses.
6. Expenses for professional, vocational or self‐improvement courses of
either spouse;
7. Ante‐nuptial debts to the extent the family has been benefited; PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE
8. Value of what is donated or promised to common legitimate children
for professional, vocation or self improvement courses; ART. 147 ART. 148
9. Expenses of litigation.

Right to administer the conjugal partnership Applicability


• GR: It belongs to both spouses jointly.
• XPN:If one spouse is incapacitated or otherwise unable to participate in the
1.No legal impediment to marry; Presence of legal impediment:
administration of the common properties – capacitated or able spouse may
assume sole powers of administration
2. Void marriage on the ground of Adulterous relationships
• But such powers do not include:
psychological incapacity.
a. Disposition; Bigamous/polygamous marriages
b. Alienation; or
c. Encumbrance of the conjugal or community property. Incestuous void marriages under
Art 37

Steps in the liquidation of the CPG Void marriages by reason of public


1. Inventory of all the properties; policy (Art. 38)
2. Restitution of advances made to each of the spouses;
3. Reimbursement for use of exclusive funds;
4. Debts and obligations of the CP are paid; Salaries & wages
5. Delivery of exclusive properties
6. Payment of losses and deterioration of movables belonging to each of
the spouses; Owned in equal shares Separately owned by the parties. If
7. Division of the net conjugal partnership; any is married, his/her salary
8. Delivery of the children’s presumptive legitimes; pertains to the CPG of the
9. Adjudication of conjugal dwelling and custody of children. legitimate marriage

Community property is not liquidated


1. Any disposition or encumbrance made by the surviving spouse involving Property exclusively acquired
community property of the terminated marriage shall be void.
2. Should the surviving spouse contract a subsequent marriage a mandatory
Belongs to party Belongs to such party
regime of complete separation of property shall govern the property
relations of the subsequent marriage upon proof of acquisition through
exclusive funds
THE FAMILY HOME
• It is the dwelling house where the husband and wife and their family reside,
and the land on which it is situated; it is constituted jointly by the husband
ART. 147 ART. 148
and the wife or by an unmarried head of a family.

Exceptions to the rule that the FH is exempt from execution


Property acquired by both through their work or industry
1. Debts due to Laborers, mechanics, architects, builders, material men and
others who rendered service or furnished materials for the constitution
Governed by rules of co‐ Owned in common in proportion of the building;
ownership to their respective contributions 2. Non‐payment of Taxes;
3. Debts incurred Prior to constitution;
4. Debts secured by Mortgages on the family home.

Presumption Guidelines in the constitution of the family home


• FH is deemed constituted from the time of Actual occupation as a family
residence;
Property acquired while living No presumption of joint • only 1 FH may be constituted;
together presumed obtained by acquisition. • Must be Owned by the person constituting it;
their joint efforts, work or • Must be Permanent;
industry and owned by them in Actual joint contribution of • Same rule applies to both valid and voidable marriages and even to common
equal shares. money, property or industry shall law spouses; (Arts. 147 and 148)
be owned by them in common • It Continues despite death of one or both spouses or an unmarried head of
If one party did not participate in proportion. the family for 10 years or as long as there is a minor beneficiary.
acquisition:
However, their contributions are Beneficiaries of a FH
presumed to have contributed presumed equal, in the absence if • Husband and wife, or unmarried head of the family
through care and maintenance of proof to the contrary • Parents (may include parents‐in‐law), ascendants, brothers and sisters
family and household (legitimate or illegitimate) living in the FH and dependent on the head of the
(Buenaventura v. Buenaventura, family for support
G.R. No. 127358, Mar. 31, 2005)
Requisites in the sale, alienation, donation, assignment or encumbrance of
the FH
• The following must give their written consent:
• The person who constituted the FH;
ART. 147 ART. 148 • The spouse of the person who constituted the FH;
• Majority of the beneficiaries of legal age.
• Note: In case of conflict, court shall decide
Property acquired by both through their work or industry
Requisites for the creditor to avail of the right to execute
• He must be a judgment creditor;
Governed by rules of co‐ Owned in common in proportion • His claim must not be among those excepted under Art. 155;
ownership to their respective contributions • He has reasonable grounds to believe that the family home is worth more
than the maximum amount fixed in Art. 157.

Procedure in exercising the right to execute


Presumption 1. Creditor must file a motion in the court proceeding where he obtained a
favorable judgment for a writ of execution against the FH;
2. There will be a hearing on the motion where the creditor must prove that
Property acquired while living No presumption of joint
the actual value of the FH exceeds the maximum amount fixed by the
together presumed obtained by acquisition. Family Code, either at the time of its constitution or as a result of
their joint efforts, work or improvements introduced after its constitution;
industry and owned by them in Actual joint contribution of
3. If the creditor proves that the actual value exceeds the maximum amout,
equal shares. money, property or industry shall the court will order its sale in execution;
be owned by them in common 4. If the family home is sold for more than the value allowed, the proceeds
If one party did not participate in proportion. shall be applied as follows:
acquisition: a. The obligations enumerated in Art. 155 must be paid
However, their contributions are b. The judgment in favor of the creditor will be paid, plus all the costs
presumed to have contributed presumed equal, in the absence if of execution
through care and maintenance of proof to the contrary
family and household
(Buenaventura v. Buenaventura,
G.R. No. 127358, Mar. 31, 2005) PATERNITY AND FILIATION
• Paternity and filiation refer to the relationship existing between parent and
child.
– Note: Filiation may be by nature or adoption. Filiation may be
legitimate or illegitimate.
Presumption
–Note: For as long as it is proven that property was acquired during
Classifications of filiation
marriage, the presumption of conjugality will attach regardless in
• Legitimate
whose name the property is registered
• Conceived or born within a valid marriage
• The presumption is not rebutted by the mere fact that the certificate of title
• Illegitimate
of the property or the tax declaration is in the name of one of the spouses.
• Conceived and born outside a valid marriage
(Villanueva v. CA, G.R. No. 143286, Apr. 14, 2004)
• Legitimated
• Under Art. 148, only the properties acquired by both parties through their
• Conceived or born outside of wedlock of parents without
actual joint contribution of money property or industry shall be owned by
impediment to marry at the time of conception and had
them in proportion to their respective contributions. (Agapay v. Palang, G.R.
subsequently married.
No. 116726, July 28, 1997)
Requisites of Legitimation:
Family relations
• No legal impediment for parents to marry at time of conception;
1.Between husband and wife
• Valid marriage subsequent to child’s birth
2. Between parents and children
3. Among other ascendants and descendants
4. Among brothers and sisters, whether of the full ot half blood.

Suit between members of the same family may prosper requirement


1.Earnest efforts toward a compromise have been made;
2. Such efforts failed;
3. The fact that earnest efforts toward a compromise have been made but the
same have failed appears in the verified complaint or petition..
Child conceived by artificial insemination CLAIMING FILIATION
To be Legitimate the following conditions must be present: GR: The right to claim filiation may be used only by the child. It is not
• The artificial insemination is made on the wife, not on another woman; transmissible to the heirs.
• The artificial insemination on the wife is done with the sperm of the XPN: In cases where child died:
husband or of a donor, or both the husband and a donor; • During minority or
• The artificial insemination has been authorized or ratified by the spouse • In a state of insanity.
on a written instrument executed and signed by them before the
birth of the child; and When to claim legitimacy
• The written instrument is recorded in the civil registry together with the It depends on who is bringing the action:
birth certificate of the child. • By the child – during his lifetime
• By his heirs – within 5 years should the child die during minority or in a state
of insanity
ACTION TO IMPUGN LEGITIMACY ACTION TO CLAIM LEGITIMACY
• Note: Questioning legitimacy may not be collaterally
attacked. It can be impugned only in a direct action.
Action to impugn legitimacy or illegitimacy
PROOF OF FILIATION
Action to impugn legitimacy or Action to claim legitimacy Proof of filiation has two kinds: Primary and secondary.
illegitimacy • 1. Primary proof consists of the ff:
(compulsory recognition) • Record of birth appearing in civil registrar or final judgment;
• Admission of legitimate filiation in public document or private
handwritten instrument signed by parent concerned.
Real party in interest • 2. Secondary consists of the ff:
• Open and continuous possession of legitimacy;
• Any means allowed by the Rules of Court and by special laws.
GR: Husband GR: Child •
Note: Continuous does not mean that the concession of status shall continue
XPN: Heirs, in cases where: XPN: Heirs of the child, in cases
forever but only that it shall not be of an intermittent character while it
where:
Husband died before the continues. The possession of such status means that the father has treated
the child as his own, directly and not through others, spontaneously and
expiration of the period for Child died in state of insanity
without concealment though without publicity.
bringing the action;
Child died during minority • There must be a showing of permanent intention of the supposed father to
consider the child as his own by continuous and clear manifestation and
Husband died after filing the
Note: Must be filed within 5 years. paternal affection and care. (Mendoza v. CA, G.R. No. 86302, Sept. 24, 1991 )
complaint, without having
• To prove open and continuous possession of the status of an illegitimate
desisted; child, there must be evidence of manifestation of the permanent intention of
the supposed father to consider the child as his, by continuous and clear
Child was born after the death of
manifestations of parental affection and care, which cannot be attributed to
husband. pure charity.
• Such acts must be of such a nature that they reveal not only the conviction
Prescription of paternity, but also the apparent desire to have and treat the child as such
in all relations in society and in life, not accidentally, but continuously. (Jison
v. CA, G.R. No. 124853, Feb. 24, 1998)
1 year – husband reside in the same GR: During the lifetime of the child
municipality or city where birth Instances may an illegitimate child use the surname of their father
took place XPN: Lifetime of the putative 1. Filiation has been Recognized by the father through the record of birth
father appearing in the civil register
2 years – husband reside NOT in the 2. Admission in public document
same municipality or city In cases where the action is for the 3. Private handwritten instrument is made by the father
recognition of illegitimate child by
3 years – husband is living abroad “open and continuous possession” • Note: Provided that the father has the right to institute an action before the
of the status. regular courts to prove non‐filiation during his lifetime

Legitimation
• Legitimation is a remedy or process by means of which those who in fact not
Grounds to impugn legitimacy of the child
born in wedlock and should therefore be ordinarily illegitimate, are by fiction,
Physical impossibility for the husband to have sexual intercourse with his wife considered legitimate.
within the first 120 days of the 300 days which immediately preceded the • Only children conceived and born outside of wedlock of parents who, at the
birth of the child because of: time of conception, were not disqualified by any impediment to marry each
a. Physical incapacity of the husband to have sexual intercourse with other.
his wife,
b. The fact that the husband and wife were living separately in such Requisites of legitimation
a way that sexual intercourse was not possible, or • Child must have been conceived and born outside of wedlock;
c. Serious illness of the husband which absolutely prevented • Child’s parents, at the time of former’s conception, were not disqualified by
intercourse; any impediment to marry each other;
• The subsequent valid marriage of the parents. (Art. 177, NCC)
• Proved that for biological or other scientific reasons, the child could not have
been that of the husband, except in the case of children conceived through LEGITIMATE CHILDREN ILLEGITIMATE CHILDREN
artificial insemination;
• In case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained through mistake, Surname
fraud, violence, intimidation or undue influence.

Prescriptive period Bear the surnames of both Bear the surname of either the
• impugning the legitimacy of the child shall be counted from the knowledge parents (mother and father) mother or the father under R.A. 9255
of birth or its recording in the civil registry.
• XPN: If the birth was:
• Concealed from or Support
• Was unknown to the husband or his heirs, the periods shall be
counted from the discovery or knowledge of the birth of the child Receive support from: Receive support according to
or of the act of registration of said birth, whichever is earlier.
provision of FC
Parents;

Ascendants; and
Adoption by a married person
in proper cases, brothers and
• GR: Such person must adopt with his spouse jointly. The general rule is that
sisters under Art 174.
husband and wife shall jointly adopt.
XPN:
Legitime • One spouse seeks to adopt the legitimate child of the other;
• One spouse seeks to adopt his own illegitimate child;
• Spouses are legally separated.
Full Legitimes and other Share is equivalent to ½ of the share
successional rights under the of a legitimate child Who may be adopted
Civil Code • Any person below 18 of age who has been administratively or judicially
declared available for adoption;
• Legitimate child of one spouse by the other spouse;
• Illegitimate child by a qualified adopter to improve the status of said child to
LEGITIMATE CHILDREN ILLEGITIMATE CHILDREN that of legitimacy;
• Person of legal age, if prior to the adoption, said person has been consistently
considered and treated by adopters as their child since minority;
Period for filing action for claim of legitimacy or illegitimacy • Child whose adoption has been previously rescinded;
• Child whose biological parents have died provided no proceedings have been
initiated within 6 months from time of death
His/her whole lifetime regardless For primary proof: his/her whole
of type of proof provided under lifetime Child legally free for adoption
Art 172 • A child voluntarily or involuntarily committed to the DSWD, freed of his
For secondary proof: biological parents, guardians, adopters in case of rescission.
only during the lifetime of the
Consent necessary for adoption
alleged parent • Adoptee, if 10 years of age and over;
• Biological parents of the child, if known or the legal guardian, or the proper
Transmissibility of right to file an action to claim legitimacy government instrumentality which has legal custody of the child;
• Legitimate children of the adopter, if 10 years old or over;
• Illegitimate children of the adopter, if 10 years old or over and living with him;
Yes No • Spouse of the adopted, if married;
• Spouse of the adopter, if married.

Right to inherit ab intesto Grounds for rescission of the adoption


• Attempt on the life of the adoptee;
• Sexual assault or violence;
Yes No right to inherit ab intesto from • Abandonment and failure to comply with parental obligations;
legitimate children and relatives of • Repeated physical or verbal maltreatment by the adopter.
father and mother under Art 992, • Adopter cannot rescind but may disinherit the adoptee.
NCC
Grounds for disinheritance
(Iron Curtain Rule) 1. Groundless accusation against the testator of a crime punishable by 6 years
or more imprisonment;
2. Found guilty of attempt against the life of the testator, his/her spouse,
descendant or ascendant;
3. Causes the testator to make changes or changes a testator’s will through
ADOPTION violence, intimidation, fraud or undue influence;
DOMESTIC ADOPTION LAW 4. Maltreatment of the testator by word or deed;
5. Conviction of a crime which carries a penalty of civil interdiction;
WHO CAN ADOPT 6. Adultery or concubinage with the testator’s wife;
• Filipino; 7. Refusal without justifiable cause to support the parent or ascendant;
• Alien; 8. Leads a dishonorable or disgraceful life.
• Guardian with respect to his ward
Effects of adoption
Qualifications of a Filipino 1. GR: Severance of all legal ties between the biological parents and the
1. Must be of Legal age; adoptee and the same shall then be vested on the adopters
2. In a Position to care for his children; • XPN: In cases where the biological parent is the spouse of the adopter;
3. Good moral character; 2. Deemed a legitimate child of the adopter;
4. Full civil capacity and legal rights; 3. Acquires reciprocal rights and obligations arising from parent‐child
5. Not been Convicted of any crime involving moral turpitude; relationship;
6. Emotionally and psychologically capable of caring for children; 4. Right to use surname of adopter;
7. GR: At least 16 years older than adoptee 5. In legal and intestate succession, the adopters and the adoptee shall have
• XPN: It is not necessary that adopter be at least 16 years older: reciprocal rights of succession without distinction from legitimate filiation.
o Adopter is the biological parent of the adoptee, However, if the adoptee and his/her biological parents had left a will, the law
o Adopter is the spouse of adoptee’s parent. on testamentary succession shall govern.

Rescission of the adoption in the Domestic Adoption Act of 1998 (RA 8552
Qualifications of an alien 1. If adoptee is still a minor or is incapacitated – Restoration of:
a. Parental authority of the adoptee’s biological parents, if
1. Possesses Same qualifications as those enumerated for Filipino adopters; known’ or
2. His country has Diplomatic relations with the Philippines; b. Legal custody of the DSWD;
3. GR: Has been living in the Philippines for at least 3 continuous years prior to 2. Reciprocal rights and obligations of the adopters and adoptee to each
the application for adoption and maintains such residence until adoption other shall be extinguished;
decree has been entered. 3. Court shall order the civil registrar to cancel the amended certificate of
• XPN: birth of the adoptee and restore his/her original birth certificate;
• He is a former Filipino who seeks to adopt a relative within the 4th 4. Succession rights shall revert to its status prior to adoption, but only as of
civil degree of consanguinity or affinity, the date of judgment of judicial rescission;
• He is married to a Filipino and seeks to adopt jointly with his spouse 5. Vested rights acquired prior to judicial rescission shall be respected
a relative within the 4th degree of consanguinity or affinity,
• He is married to a Filipino and seeks to adopt the legitimate or
illegitimate child of his filipino spouse.

Guardian adopt his ward


• A guardian may only adopt his ward after termination of guardianship and
clearance of his financial accountabilities.
INTERCOUNTRY ADOPTION ACT OF 1995 (RA 8043) • Transportation – includes expenses going to and from school, or to from
place of work
Adopter Different kinds of support
1. Any alien; 1. Legal – required or given by law;
2. Filipino citizen, both permanently residing abroad 2. Judicial – required by court;
May be:
Qualifications • Pendente lite
1. At least 27 years old and 16 years older than the child to be adopted at the • In a final judgment
time of the application unless adopter is the parent by nature of the child; 3. Conventional – by agreement.
2. If married, his spouse must jointly file for adoption;
3. Has the capacity to act or assume all rights and responsibilities of parental Persons obliged to support each other
authority; • Spouses;
4. Not been convicted of a crime involving moral turpitude; • Legitimate ascendants & descendants;
5. Eligible to adopt under his national law; • Parents and their legitimate children, and the legitimate and illegitimate
6. In a position to provide for proper care and support and give necessary children of the latter;
moral values; • Parents and their illegitimate children, and the legitimate and illegitimate
7. Agrees to uphold the basic rights of the child mandated by the UN children of the latter;
convention of rights of Child and the Philippine Laws; • Legitimate brothers and sisters
8. Comes from a country with which the Philippines has diplomatic relations
and adoption is allowed under his national law; Illegitimate siblings bound for support
9. Possesses all the qualifications and none of the disqualifications under the • GR: Yes.
law or other applicable Philippine laws. • XPN: when the need for support of the brother or sister, being of age, is due
to a cause imputable to the claimant’s fault or negligence. In this case, the
ADOPTEE illegitimate brother or sister has no right to be supported.
• Only a legally free child may be adopted provided the following are
submitted:
• Child study; PARENTAL AUTHORITY
• Birth certificate/ foundling certificate; Patria potestas
• Deed of Voluntary Commitment/Decree of Abandonment/Death Certificate • The sum total of the rights of parents over the persons and property of their
of parents; unemancipated child.
• Medical evaluation or history;
• Psychological evaluation; Parental authority
• Recent photo; • It shall include:
• Caring for and rearing of such children for civic consciousness and efficiency;
Child in intercountry adoption • Development of their moral, mental and physical character and well‐being.
• A child is any person below 15 years old
Characteristics of parental authority
Legally‐free child 1. Jointly exercised by the father and mother;
• A child who has been voluntarily or involuntarily committed to the DSWD of 2. Natural right and duty of the parents;
the Philippines, in accordance with the Child Youth and Welfare Code 3. Cannot be Renounced, transferred or waived;
• Note: No child shall be matched to a foreign adoptive family unless XPN: In cases authorized by law;
it is satisfactorily shown that the child cannot be adopted in the
Philippines 4. Purely personal;
• GR: There shall be no physical transfer of a voluntarily committed Note: It cannot be exercised through agents.
child earlier than 6 months from the date of execution of Deed of
Voluntary Commitment. 5. Temporary.
• XPN:
• Adoption by relative;
• Child with special medical condition. Rules as to the exercise of parental authority
• The father and the mother shall jointly exercise parental authority over the
Trial custody persons of their common children.
• It is the pre‐adoptive relationship which ranges 6 months from the time of • Note: In case of disagreement, the father’s decision shall prevail unless there
the placement. It starts from the actual transfer of the child to the applicant is a judicial order to the contrary.
who, as actual custodian, shall exercise substitute parental authority over the • If the child is illegitimate, parental authority is with the mother.
person of the child
• Note: Parental preference rule
• If unsatisfactory – the relationship shall be suspended by the board • The natural parents, who are of good character and who can reasonably
and the foreign adoption agency shall arrange for the child’s provide for the child are ordinarily entitled to custody as against all persons.
voluntary care.
• If satisfactory – the Board shall submit the written consent of the Order of substitute parental authority
adoption to the foreign adoption agency within 30 days after the
request of the latter’s request. 1. Surviving Grandparent;
• 2. Oldest brother or sister, over 21 years;
• XPN: unfit or disqualified
SUPPORT 3. 3.Actual Custodian over 21 year;
• It comprises everything indispensable for sustenance, dwelling, clothing, • XPN: unfit or disqualified
medical assistance and transportation, in keeping with the financial capacity
of the family, including the education of the person entitled to be supported Special parental authority
until he completes his education or training for some profession, trade or 1. School administrator and teachers;
vocation, even beyond the age of majority. (Art. 194, FC) 2. Individual entity or institution engaged in child care

Characteristics of support
1. Personal
2. Reciprocal on the part of those who are by law bound to support each
other
3. Intransmissible
4. Mandatory
5. Provisional character of support judgment
6. Exempt from attachment or execution
7. Not subject to waiver or compensation

Support comprises of everything indispensable for:


• Sustenance
• Dwelling
• Clothing
• Medical attendance
• Education – includes schooling or training for some profession, trade or
• vocation, even beyond the age of majority