Persons1R - Final Project

LEGEND:
Text codal provision - Exception - Code/ mnemonic
MARRIAGE
A special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life Characteristics
Permanent Foundation of the family Inviolable
MARRIAGE
MARRIAGE CONTRACT Special Contract Social Institution Governed by law on marriage Not subject to stipulations except in property relations Legal capacity is required Contracting parties must only be one male and one female Permanent union Breach of obligations does not give rise to an action for damages Dissolved only by death or annulment ORDINARY CONTRACT Merely a contract Merely a contract Governed by law on contracts Generally subject to stipulations Minors may contract through their parents, guardians or by themselves Two or more parties regardless of sex Period is fixed within the contract Breach of obligations does give rise to an action for damages Dissolved by mutual agreement or other legal cause
MARRIAGE
Essential Requisites
CC
1. Legal capacity of the contracting parties who should be a male and female
Must be 18 years old or above Not under any impediment mentioned in Art. 37 & 38
2. Consent freely given in the presence of a solemnizing officer

No particular form required Capable of intelligently understanding the nature and consequences of the act
MARRIAGE
Formal Requisites
AMC
1. Authority of the solemnizing officer 2. Valid marriage license 3. Marriage ceremony where the contracting parties appear before the solemnizing officer, with their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age
MARRIAGE
Effects of Non Compliance
ESSENTIAL Void ab initio Voidable Valid FORMAL Void ab initio Voidable Valid but person responsible shall be criminally and civilly liable
Absence Defect Irregularity
Exception: When parties over 18 but below 21 failed to obtain parental consent the marriage is voidable.
MARRIAGE
Marriage Ceremony 1. No prescribed form or religious rite for solemnization of marriage is required 2. The absence of two witnesses of legal age is merely an irregularity Marriage by Proxy 1. If solemnized in the Philippines, marriage is void. 2. If solemnized abroad, Article 26 of the Family Code shall govern.
MARRIAGE
Authority of Solemnizing Officer It is not the presence or absence of the solemnizing officer which constitutes the formal requirement but the absence or presence of the solemnizing officer s authority at the time of the solemnization of the marriage. (Araes v. Occiano A.M.) General Rule: The solemnizing officer is not duty bound to investigate whether the marriage license was regularly issued. Exception: In cases of marriage in:
1. 2. 3. articulo mortis remote places man and woman cohabiting for at least 5 years without any legal impediment to marry
Solemnizing officer should ascertain the ages, relationship and qualifications of the contracting parties.
MARRIAGE
Who may solemnize a marriage? 1. Any incumbent member of the judiciary within the courts jurisdiction 2. Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect ad registered with the civil registrar general 3. Any ship captain or airplane chief only in cases mentioned in Article 31 4. Any military commander of a unit where the chaplain assigned is absent, during a military operation or in cases mentioned in Article 32 5. Any consul-general, consul or vice-consul in the case provided in Article 10 6. Municipal mayor
JPS-CCM
MARRIAGE
Where to solemnize a marriage? 1. 2. 3. 4. Publicly in the chambers of the judge or open court Church, chapel or temple Office of the consul-general, consul or vice-consul Office of the Mayor
Exceptions: 1. Marriages in articulo mortis 2. Marriages in remote places 3. Marriages where both parties request the solemnizing officer in writing to celebrate the marriage in a place designated by them
MARRIAGE
Valid Marriage License 1. A formal requisite of marriage 2. Issued by the local civil registrar where either contracting party habitually resides 3. The license is valid in any part of the country for 120 days from the date when the civil registrar signed the license 4. Automatically cancelled at the expiration of the period if contracting parties have not made use of it
MARRIAGE
Exceptions
1. 2. 3. 4. 5. In articulo mortis In remote places Man and woman have cohabited for at least 5 years without any legal impediment to marry Solemnized outside of the country where no marriage license is required by that country Among Muslims or members of ethnic cultural communities solemnized in accordance with their customs
MARRIAGE
Solemnizing Marriage involving a Foreigner The foreigner should acquire a certificate of legal capacity from their diplomatic/consular officials before marriage license can be issued. Marriage Certificate Best documentary evidence of the existence of a marriage. (Tenebro v. Court of Appeals, G.R. No. 150758, February 18, 2004)
Marriage certificate is not an essential requisite of marriage and should not be confused with a marriage license.
MARRIAGE
Validity of Marriage Celebrated Outside the Philippines General Rule: Where one or both parties in the marriage are Filipino citizens, the foreign marriage is valid in this country if solemnized in accordance with the laws of the country of celebration.
Exceptions:
1. 2. 3. 4. 5. 6. 7. Contracted by a national who is below 18 years of age Bigamous or polygamous marriages except as provided for in Article 41 of the Family Code Contracted through mistake of one party as to the identity of the other Contracted following the annulment or declaration of nullity of a previous marriage but before partition Void due to psychological incapacity Incestuous Void for reasons of public policy
VOID MARRIAGES
Article 35 (1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians; Below 18, no legal capacity to contract marriage Consent of parents is immaterial and will not make marriage valid Neither can subsequent parental consent ratify such void marriage.
VOID MARRIAGES
Article 35 (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
Article 7 of the Family Code provides the list of persons who are authorized to solemnize marriage Marriage is void when the solemnizing officers authority is absent. Exception: when marriage is contracted with either or both parties believing in good faith that the solemnizing officer has the legal authority to do so. Without declaration of its validity, such good-faith marriage would be a putative marriage which is void because of the absence of solemnizing officers authority.
Putative marriage contracted in due form or good faith but is considered void/voidable because of some legal infirmity.
The good faith is always presumed until the contrary is shown (Kunafoff v. Woods).
VOID MARRIAGES
Article 35 (3) Those solemnized without license, except those covered the preceding Chapter; Based on Art 4 of the Family Code, absence of any of the essential or formal requisites makes the marriage void. Marriage license is a formal requisite. Absence of marriage license makes the marriage void. Exception: Art. 27,28,29,30,31,32,33,34 of family code
VOID MARRIAGES
Article 35 (4) Those bigamous or polygamous marriages not falling under Article 41; Bigamy contracting a second marriage when the first valid marriage still subsists
Exception:
Article 41 marriage contracted by a person whose spouse has been absent for 4 years (ordinary absence) or 2 years (in case of danger to spouses life)
VOID MARRIAGES
Article 35 (5) Those contracted through mistake of one contracting party as to the identity of the other;
The absence of consent makes the marriage void. Covers actual physical identity of the other party. It does not include mistake in the name, character of the person, attributes, age, religion, social standing, pedigree, pecuniary means, temperaments, acquirements, condition in life, or previous habits (Mckee v. Mckee). (Delpit v. Young) mistake in identity not applicable on husband who married a woman believing she was virtuous, but has previously led immoral lie.
VOID MARRIAGES
Article 35 (6) Those subsequent marriages that are void under Article 53. People whose marriages have been annulled or declared null and void, to validly marry again, must undertake:
liquidation, partition and distribution of their properties, and if applicable, the delivery of the childrens presumptive legitimes; decree of annulment or nullity recorded in appropriate civil registry and registries of property
Non-compliance will make marriage void.
VOID MARRIAGES
Article 36 A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)
VOID MARRIAGES
Basis:
Protection of sanctity of marriage because it refuses to allow a person afflicted with a psychological disorder, who CANNOT COMPLY with or assume essential marital obligations from remaining in that sacred bond
Psychological Incapacity
Case-to-case basis Psychological incapacity is not a defect in the mind but in the understanding of the consequences of marriage Requisites of Psychological Incapacity
1. 2. 3. Gravity must be grave or serious Juridical Antecedence must exist before the marriage celebration, although the manifestations may exist during the marriage Incurability must be incurable
VOID MARRIAGES
Elements:
Mental disposition Applies to a person who is maritally contracted to another Marriage entered into with volition Failure to perform or comply with the essential obligations in marriage Failure to perform is chronic Cause is psychological in nature Cause is serious, with juridical antecedence and must be incurable Incapacity results in the failure of the marriage
VOID MARRIAGES
Republic v. CA & Molina (Molina Doctrine)
1. Burden of proof to show nullity of marriage belongs to plaintiff 2. The root cause of the psychological incapacity must be:
Medically or clinically identified Alleged in the complaint Sufficiently proven by experts Clearly explained in the decision BRIMGOCS
VOID MARRIAGES
3. The incapacity must be proven to be existing at the time of the celebration of the marriage 4. Such incapacity must be shown to be medically or clinically permanent or incurable 5. Must be grave enough to bring about the disability in performing marital obligations 6. Must be concerned with marital obligations 7. Interpretation of Canon 1905 must be considered 8. Solicitor general as counsel for the state
VOID MARRIAGES
Article 37 - Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate: (1) Between ascendants and descendants of any degree; and (2) Between brothers and sisters, whether of the full or half blood. Incest Sexual relations or intermarriage between family members or close relatives Ascendant- one who precedes in lineage either lineally (such as a parent or grandparent) or collaterally (such as an aunt or uncle) Descendant- one who follows in the bloodline of an ancestor, either lineally (such as a child, grandchild, or great-grandchild) or collaterally (such as a niece or nephew). Full-blood sibling - relationship exists between persons having two parents in common Half-blood sibling - relationship exists between persons having only one parent in common.
VOID MARRIAGES
Examples of relationships under Art 37
Ascendants /Descendants
Father and Daughter Mother and Son Grandparent and Grandchild
The prohibition against ascendants and descendants is not limited by a number of degrees Siblings
Sister and brother Half brother and sister
VOID MARRIAGES
Reasons for prohibition
It is abhorrent in the nature of man Tends to confuse the rights and duties indecent to family relations Incest increases probability of deficient and degenerate offspring Social prohibition of incest promotes the solidarity and preservation of the nuclear family
VOID MARRIAGES
Legitimacy of children under Article 37
Status of Children
Generally, children conceived and born outside a valid marriage or inside a void marriage are ILLEGITIMATE except the following: Children conceived or born before finality of the judgment of nullity in psychological incapacity case. Children conceived inside a subsequent marriage that is void.
Social prohibition of incest promotes the solidarity and preservation of the nuclear family Incest prohibition promotes the preservation of the nuclear family by:
Controlling sex rivalries and jealousies within the family unit. It inhibits competing relations of sexual intimacy that would disorganize the family structure Ensuring suitable role models, preparing the individual for assumption of familial responsibility in the context of his own marriage.
VOID MARRIAGES
The following marriages shall be void from the beginning for reasons of public policy: (1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
Collateral Blood Relatives up to 4th Civil degree Basis: May result to degradation of race but to a lesser degree compared to that of Art. 37 Counting method
From you to your desired family member
Go up to common relative and then down In order for it to be a legitimate marriage desired family member must be of 5th degree to you
VOID MARRIAGES
Article 38 (2) Between step-parents and stepchildren; Basis:
Children of your spouse from a former marriage must be considered and treated as one of your own (affinity)
VOID MARRIAGES
Article 38 (3) Between parents-in-law and childrenin-law; Basis: Parents in Law and children in law are considered as part of the family Termination of affinity
When marriage is annulled or nullified (SC of Iowa) Death of spouse regardless of whether they have children or not ( new jurisprudence: Intestate Estate Manolita Gonzales)
VOID MARRIAGES
Article 38 (4) Between the adopting parent and the adopted child; (5) Between the surviving spouse of the adopting parent and the adopted child; (6) Between the surviving spouse of the adopted child and the adopter; (7) Between an adopted child and a legitimate child of the adopter; (8) Between adopted children of the same adopter;
VOID MARRIAGES
Basis of Article 38 Paragraph 4 8: Mirroring and duplicating of the adoptive family of the natural family structure The Adopted can marry
1. 2. 3. 4. 1. 2. 3. 4.
PISO
Parents of adopter Illegitimate child of adopter Other relatives of adopter through consanguinity of affinity Spouse adopter if it was annulled of nullified
The adopter can validly marry
LONS
Legitimate, Illegitimate or adopted child of adopted Natural parent of adopted Other relatives of adopted through consanguinity or affinity Spouse of adopted if it was annulled or nullified
VOID MARRIAGES
Article 38 (9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse. Basis:
Act destroy family ties plus it is highly criminal Prevents remarriage by use of murder
Can be Unilateral No need for prior conviction just preponderance of evidence Must be animated by intention to marry at the time of the act Can apply if one kills spouse of person he/she wants to marry
VOID MARRIAGES
Originally, Article 39 of the Family Code provided that the action or defense for the declaration of absolute nullity of a marriage shall not prescribe. However, in the case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense shall prescribe in ten years after this Code shall have taken effect." Republic Act No, 8533 was enacted and approved on February 23, 1998, which amended this article to:
"Art. 39, The action or defense for the declaration of absolute nullity of a marriage shall not prescribe."
VOID MARRIAGES
Article 40 The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. Judicial declaration of nullity
through which the previous marriage is declared void
Marriage can be declared void for other purposes than remarriage However, for purposes of remarriage, it is important that there be a final judgment declaring the previous marriage void.
VOID MARRIAGES
Parties may not be permitted to judge for themselves the nullity of their marriage. The authority to declare such is upon competent courts. (Landicho v. Rolova)
When a person contracts a second marriage without obtaining the judicial declaration of nullity for the first marriage, he is guilty of bigamy. (Manuel v. People)
VOID MARRIAGES
Article 41 A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.
VOID MARRIAGES
Bigamous marriage: a person contracting a subsequent marriage during the subsistence of a previous valid marriage Exceptions: when prior to subsequent marriage, present spouse obtains Judicial declaration of presumptive death after complying with the following requirements:
Absence of other spouse for 4 consecutive years, or 2 years in case of danger to life; There was well-founded belief on present spouse that absent spouse is dead
Well founded belief: when there is diligent search for the absent spouse
Present spouse files summary proceeding for judicial declaration of presumptive death
VOID MARRIAGES
Article 42 The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio. A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed.
VOID MARRIAGES
Effect of reappearance:
Subsequent marriage shall remain valid despite reappearance of absent spouse
Exception:
It will only be automatically terminated upon record of sworn statement in the civil registry of residence of the parties to the subsequent marriage Exception to the exception:
When the previous marriage is annulled or declared null and void, the subsequent marriage shall remain valid
VOID MARRIAGES
Article 43 The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects: (1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate;
The subsequent marriage remains valid upon termination. It is provided in Art. 164 that children conceived or born during the marriage of the parents are legitimate. Therefore, the children of the subsequent marriage conceived prior to its termination shall be considered legitimate.
VOID MARRIAGES
Article 43 (2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse
VOID MARRIAGES
The properties of both parties, under absolute community of property or conjugal partnership of gains, shall be dissolved, liquidated and distributed to both parties and to their children.
However, if either spouse is in bad faith, his or her share of the property shall be forfeited in favor of:
common children if there are none, the children of the guilty spouse by a previous marriage in default of children, the innocent spouse.
VOID MARRIAGES
Article 43 (3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law Donation by reason of marriage:
Donation Propter Nuptias Donation made by one spouse or by a stranger in favor of the other spouse Donation made before the marriage celebration, in consideration of the same, and in favor of one or both of the future spouses. (Art. 82)
As provided in Art. 86, par 3 of the Family Code, the donation made by the donor by reason of marriage may be revoked by the same when the marriage is annulled, and the donee acted in bad faith.
VOID MARRIAGES
Article 43 (4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; (5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession
VOID MARRIAGES
Article 44 If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law. Exception to the exception to Art 41:
When both parties of the subsequent marriage acted in bad faith, the subsequent marriage shall be void ab initio
VOIDABLE MARRIAGES
-The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage.
VOIDABLE MARRIAGES
Who can file?
Only the husband and wife can file for the annulment of their marriage. Exception- the heirs, in the proceeding for the settlement of the estate of the deceased spouse.
The reason must be existing at the time of the celebration of the marriage. If they occur after the celebration, they will not constitute as causes or grounds for annulment
VOIDABLE MARRIAGES
Article 45 A marriage may be annulled for any of the following causes, existing AT THE TIME of marriage: 1. That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife 2. That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
VOIDABLE MARRIAGES
Test: whether the party was capable of understanding the nature and consequences of the marriage at the time of the celebration Mere mental weakness of a party doesnt deprive the party of the capacity to understand and appreciate and consequences of the step he is taking does not affect the validity of the marriage
VOIDABLE MARRIAGES
Article 45 (3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife; The frauds which are ground for annulment of marriage are enumerated in Article 46. No other fraud will annul a marriage except as those enumerated in the next article
VOIDABLE MARRIAGES
Article 45 (4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife
There is force or violence when the physical power exerted is serious or irresistible. Threat and intimidation must be of such a nature as to prevent the party upon whom it is employed from acting as a free agent, his will being coerced by fear and compulsion
VOIDABLE MARRIAGES
Article 45 (5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable Physical incapacity refers to impotency or the inability of the male or female organ of copulation to perform its proper function.
It is the inability of the person to copulate as distinguished from sterility which is the lack of fertility in the reproductive elements of either sex.
VOIDABLE MARRIAGES
Potency is presumed unless the person is too old for normal sexual activity such when he is already past ninety years in age, or, when the mans wife after more than three years of lining together is still a virgin, also known as triennial cohabitation He who claims impotency must prove the claim because the presumption is in favor of potency If the impotency came about after the marriage, it is not a ground for annulment
If a party married another with full knowledge that the latter is impotent, he has taken the risk and he cannot avoid the marriage by an annulment nor can he invoke mistake (Art. 1333 NCC)
VOIDABLE MARRIAGES
Article 45 (6) That either party was afflicted with a sexuallytransmissible disease found to be serious and appears to be incurable Requisites:
1. 2. 3. 4. Existing at the time of marriage It is a sexually transmissible It is serious like AIDS It appears incurable
SITE
If any of these elements is missing, the disease is not a ground for annulment
VOIDABLE MARRIAGES
Article 45 paragraph 5 and 6 is not susceptible to ratification by free cohabitation. It is for obvious reason that the disease being serious and incurable must be contagious. Cohabitation is not expected nor encouraged by the law for the preservation of the health of the other spouse.
VOIDABLE MARRIAGES
Article 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article: 1. 2. Non-disclosure of previous conviction by final judgment of the other party of a crime involving moral turpitude; Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of marriage.
3.
4.
No other misinterpretation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give/grounds for action for an annulment of marriage.
VOIDABLE MARRIAGES
It must be read in accordance to paragraph 3 of Article 45---- That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife.
VOIDABLE MARRIAGES
Paragraph 1. Previous conviction of a crime For this circumstance to constitute a fraud, it is necessary that:
1. 2. Crime involves moral turpitude
Not only transgressive but also of ones moral duty
Judgement of conviction is final

Final when nothing more is to be done except to execute it
Note: if judgment is still on appeal, this cannot be a ground for annulment
VOIDABLE MARRIAGES
Paragraph 2. Concealment of pregnancy What must be concealed is pregnancy at the time of marriage by another man
Pregnancy at six months, no fraud
If the pregnancy is known to her husband, there is no fraud
Negative deception in revelation of pregnancy Concealment of husbands premarital relationship, not fraud
VOIDABLE MARRIAGES
Paragraph 3. Concealment of STD The disease must be sexually transmissible It exists at the time of marriage Examples are AIDS, gonorrhea, syphilis
Note: there is no concealment if the disease is known to the woman at the time of the marriage
VOIDABLE MARRIAGES
Paragraph 4. Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism
Must exist at the time of the marriage and not after the marriage to constitute grounds for annulment Concealment of homosexuality, not homosexuality, per se, serves as the valid ground for the annulment of marriage
VOIDABLE MARRIAGES
1.
2.
3. 4.
5.
Article 47. the action for annulment of marriage must be filed by the following persons and within the period indicated therein: For causes mentioned in number 1 of Article 45, by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of 21, or by the parent or guardian or person having legal charge of the minor, at any time before such party reaches the age of twenty-one; For causes mentioned in number 2 of Article 45, by the sane spouse, who had no knowledge of the other s insanity, or by any relative, guardian or person having legal charge of the insane, at any time before the death of either party; or by insane spouse during a lucid interval or after regaining sanity; For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud; For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased; For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage
VOIDABLE MARRIAGES
Article 48 Marriage is more than contract; that it is a social institution in which the State is actually interested so that its continuation or interruption cannot be made to depend upon the parties themselves. The role of prosecuting attorney or fiscal is to determine collusion between the parties and to take care that evidence is not fabricated or suppressed. The Rules of Court prohibit declaration of defaults in action for declaration of nullity or annulment of marriage.
Summary judgment is also prohibited in an action for annulment of marriage.

The prosecutor may present his own evidence.
VOIDABLE MARRIAGES
Authority of the Solicitor- General to Intervene.
By the virtue of Executive Order No. 298 (Administrative Code of 1987) Under the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages issued by the Supreme Court
VOIDABLE MARRIAGES
Article 49 The support to be considered by the Court must come from the properties of the absolute community of property or conjugal properties. In a regime of absolute separation, support to the common children should come from the separate properties of the spouses in proportion to their income. Support of the illegitimate children shall be governed by the separate property of the parent concerned and if none, the absolute community or conjugal partnership if financially capable shall advance, the support, subject to deduction from the share of the spouse concerned from liquidation.
VOIDABLE MARRIAGES
As provided in Article 43, five effects of termination of the subsequent marriage contracted under Article 42 are also applicable to cases of marriages declared void ab initio or annulled by final judgment except for Number 1: 1. (Not applicable); 2. dissolution of the absolute community of property or conjugal partnership, as the case may be; forfeiture of the share of the spouse in bad faith in the net profits thereof; 3. Ante-nuptial donations are valid except if donee acted in bad faith in which case donations are revoked by operation of law; 4. If the spouse in bad faith is designated beneficiary in any insurance policy, the innocent spouse can revoke the designation, even if stipulated to be irrevocable.; 5. spouse who contracted second marriage in bad faith shall disqualified to inherit from the innocent spouse.
VOIDABLE MARRIAGES
It shall be provided in the final judgment the following: a) liquidation LIPAb) partition DICUDE c) distribution of properties of the spouses d) custody and support of the common children e) delivery of the presumptive legitime except if these matters had already been adjudicated in previous judicial proceedings
VOIDABLE MARRIAGES
Article 52 The recording will put an end to further claims against the property and will settle the ownership to the benefits of the recipients and for the guidance of all persons who may have transactions about these properties.
VOIDABLE MARRIAGES
Article 53 If either of the parties contracted a subsequent marriage without recording the matters mentioned in Article 52, the subsequent marriage is null and void.
VOIDABLE MARRIAGES
Under Article 54, Children conceived or born before the judgment of annulment or absolute nullity of the marriageunder Article 36 has become final and executory shall beconsidered legitimate. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.
VOIDABLE MARRIAGES
In line with article 371 of civil code, in case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may continue employing her former husbands surname, unless:
1. 2. The court decrees otherwise; She or the former husband is married again to another person.
In Article 369 of Civil Code, children conceived before the decree annulling a voidable marriage shall principally use the surname of the father
LEGAL SEPARATION
It does not dissolve the marriage. A legal separation decree involves nothing more than bed-and-board separation of the spouses (Lapuz v. Eufemio, 43 SCRA 177). A decree of legal separation does not affect the marital status, there being no severance of vinculum (Laperal v. Republic, 6 SCRA 357).
LEGAL SEPARATION
GROUNDS FOR LEGAL SEPARATION (Happens after marriage ceremony) EXPLANATION - The determinative factor is the frequency of the act and not the severity. - Does not include repeated physical violence upon the child of the respondent - Grossly abusive conduct has no exact definition and is determined on a case-to-case basis.
- There should be unity in the family and thus the couple should learn to live with each other s political ideas. - The immoral and corrupt act referred to is prostitution only - A mere attempt is enough
1.
Repeated physical violence or grossly abusive 1 conduct
Compulsion by physical violence or moral 2. pressure to change religious or political affiliation 3. Corruption or inducement to engage in prostitution
LEGAL SEPARATION
GROUNDS FOR LEGAL SEPARATION (Happens after marriage ceremony) 4. Final judgment involving more than 6 years of imprisonment Drug addiction or habitual alcoholism EXPLANATION - The offense need not be necessarily against the other spouse, their common children or the petitioner s children - The extent and nature are the same in annulment cases but they are instances of fraud which must exist at the time of the marriage celebration - The extent and nature are the same in annulment cases but they are instances of fraud which must exist at the time of the marriage celebration
5.
6.
Lesbianism or homosexuality
LEGAL SEPARATION
GROUNDS FOR LEGAL SEPARATION (Happens after marriage ceremony) EXPLANATION - Bigamy is the act of illegally contracting a second marriage despite full knowledge that the first marriage is still validly existing - Whether solemnized in the Philippines or abroad - Other acts of sexual infidelity short of concubinage and adultery are enough as long as they constitute a clear betrayal of trust - Can be done to ones own spouse - Must proceed from an evil design and not from any justifiable cause like self-defense - Can be proven by preponderance of evidence - There must be absolute cessation of marital relations, duties and rights, with the intention of perpetual separation
7.
Bigamy
8.
Sexual infidelity or perversion
9.
Attempt on life
10.
Unjustified abandonment
LEGAL SEPARATION
Who may file?
The Husband or the wife, as the case may be.
When should it be filed?

5 years from the date of occurrence of the cause.
LEGAL SEPARATION
Article 56. The petition for legal separation shall be denied on any of the following grounds: 1. Where the aggrieved party has condoned the offense or act complained of 2. Where the aggrieved party has consented to the commission of the offense or act complained of 3. Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation EXPLANATION CONDONATION - the act of forgiving the offense after it commission. It implies a condition of future good behavior. CONSENT - when either spouse agreed or did not object to the offense before it was committed. CONNIVANCE - Corrupt consenting - Where the spouses agree that one spouse will commit the offense to give grounds for legal separation.
4. Where both parties have given ground for legal separation
RECRIMINATION OR EQUAL GUILT Plaintiff-spouse cannot invoke the guilt of the other if such plaintiff-spouse is guilty of giving grounds for legal separation
COLLUSION - Corrupt agreement - The couple makes it appear that there is a ground for legal separation but actually there is none. - The act need not actually happen PRESCIRPTION 5 years from the time of the occurrence of the cause
5. Where there is collusion between the parties to obtain decree of legal separation
6. Where the action is barred by prescription
LEGAL SEPARATION
Effects of Legal Separation (Article 63)
1. 2. 3. 4.
SACO
The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed; The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership; The custody of the minor children shall be awarded to the innocent spouse; and The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.
After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as a beneficiary in any insurance policy, even if such designation be stipulated as irrevocable (Article 64).
LEGAL SEPARATION
PROCEDURE
E56CTSC49
The procedure is governed by Supreme Court Resolution En Banc, A.M. No. 00-11-01-SC An action for legal separation shall be filed within five years from the time of the occurrence of the cause by the husband or the wife An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. The cooling-off requirement can be dispensed with if the ground for legal separation involves violence against woman or child. No legal separation may be decreed unless the court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable. No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment. The court shall take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed. During the pendency of the action for legal separation, the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of the common children.
LEGAL SEPARATION
IF THE SPOUSES SHOULD RECONCILE
The corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation.
The reconciliation shall have the following consequences: The legal separation proceedings, if still pending, shall thereby be terminated in whatever stage; and The final decree of legal separation shall be set aside, but the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime. The court order containing the foregoing shall be recorded in the proper civil registries. The agreement to revive the former property regime referred to in the preceding Article shall be executed under oath and shall specify (Article 67): The properties to be contributed anew to the restored regime; Those to be retained as separate properties of each spouse; and The names of all their known creditors, their addresses and the amounts owing to each.
1. 2. 3. 1. 2. 3.
PROPERTY RELATIONS
(Art. 74) Governed by:
Marriage Settlements Provisions of the Family Code Local Customs
PROPERTY RELATIONS
Executed before the marriage Contract entered into by the future spouses fixing the matrimonial property regime that should govern during the existence of the marriage In the absence of a Marriage Settlement, Absolute Community of Property will be govern (Art. 75)
PROPERTY RELATIONS
Requisites of a Valid Marriage Settlement:
Made before the celebration of Marriage MIS-WTP In writing Signed by the parties Will not prejudice 3rd persons unless registered in the civil registry Fix the term and conditions of the spouses property relations Must not contain provisions contrary to law, morals, good customs, public order, and public policies
PROPERTY RELATIONS
If the marriage did not took place, the marriage settlement is void
Except: stipulations that do not depend upon the celebration of marriage
Property relations shall be governed by Phil. Laws (Art. 80) Modifications must be made before the marriage; except:
Revival of property regimes upon reconciliation of legal separation (Art. 66, 67) Judicial Separation of Property under Art. 128, or Art. 135 Voluntary dissolution under Art. 136
PROPERTY RELATIONS
Donation Proper Nuptias
Before Marriage:
General Rule: Future spouse cannot donate to each other more than 1/5 of their present property (excess shall be void)
Requisites:
Made before celebration of marriage In celebration of marriage In favor of one or both future spouses
PROPERTY RELATIONS
During Marriage:
General Rule: Cannot donate to each other, directly or indirectly, donations made are void
Exceptions:
Moderate gifts on occasion Donation Mortis Causa
PROPERTY RELATIONS
Grounds for revocation (Art. 86):
1. 2. 3. 4. 5. 6. Marriage is not celebrated; marriage is void ab initio Marriage without parental consent Marriage annulled and donee is in bad faith With resolutory condition and condition is complied with Legal separation and donee is guilty party Donee commits acts of ingratitutde VCB-RDI
ABSOLUTE COMMUNITY OF PROPERTY

What Constitutes ACP? COMMUNITY PROPERTIES EXCLUSIVE PROPERTIES 1. Property brought into the marriage 1. Property acquired during marriage by inheritance or donation, unless stipulated to be community
2. Property acquired during marriage, except 2. Fruits or income from property acquired those acquired by inheritance or donation during marriage by inheritance or donation 3. Fruits or income received during marriage, except those from separate property 3. Property for the personal and exclusive use of either spouse; and 4. Property acquired before marriage by either spouse who has legitimate descendants by a former marriage, and the fruits or income from such property
4. Jewelry

Administration
General Rule: Both spouses Exceptions:
In case of disagreement, husbands decision shall prevail In case one souse is incapacitated or unable to participate in the administration of the common properties other spouse may assume sole powers; except disposition and encumbrance
Rules on Gambling:
Borne by the loser; winnings shall form part of the community property

Charges upon ACP
Debts and obligations made by the other spouse, without the consent of the other spouse to the extent it benefited the family Debts and obligations, made by the administrator spouse, both spouses, or by one with the consent of the other Taxes and liens, charges and expenses upon community property DOTA Support of spouses, common children, legitimate children of either spouse STOLED Expenses of litigation between spouses unless suit is found to be groundless Ante-nuptial debts which redounded to the benefit of the family Taxes and expense for mere preservation upon the separate property of either spouse used by the family Expenses for professional or vocational course Other Ante-nuptial debts, support of illegitimate child, and liabilities for crime or quasi-delicts, in absence of separate property Donated or promised to common legitimate children for profession, vocational course, or selfimprovement
NOTE: Same as Charges upon CPG, except Other Ante-Nuptial Debts
Absolute Community of Property

Termination of ACP
Death of either spouse Decree of legal separation Annulment or declaration of nullity of marriage Judicial separation of property
Absolute Community of Property

Procedure for Dissolution
Inventory of all properties Debts and obligations of the ACP are paid Remainder of the separate properties are returned to the owner Net remainder of the ACP is divided equally between husband and wife Presumptive legitime of children are delivered Adjudication of conjugal dwelling and custody of common children
Conjugal Partnership of Gains

What constitutes CPG? CONJUGAL PROPERTIES EXCLUSIVE PROPERTIES
1. Property acquired during marriage, 1. Property brought into the marriage as except those acquired by inheritance his or her own or donation 2. Fruits or income received during marriage from both conjugal and separate properties
2. Property acquired by inheritance or donation wither before or during marriage

3. Property purchased with the exclusive money of the husband and wife
CONJUGAL PARTNERSHIP OF GAINS

Rules on improvement of exclusive property
Accessions: if the cost of the improvement of the plus value is equal to or less than the value of the principal property at the time of improvement, the entire property remains exclusive Reverse Accession: if the cost of the improvement and the plus value is more than the value of the principal property at the time of improvement the property becomes conjugal

Dissolution
Inventory of all property Amounts advanced by the conjugal partnership (CP) as payment for personal debts and obligations of other spouses are credited Reimbursement for use of exclusive funds Debts and obligations of the CP are paid Remains of exclusive properties are returned Indemnify loss or deterioration of movables belonging to either spouse used for the benefit of the family Net remainder of the conjugal property is divided equally Delivery of presumptive legitimes Adjudication of conjugal dwelling and custody of children

Property bought on installments
If full ownership is vested before the marriage; belong to the buyer spouse If full ownership is vested after the marriage; belong to the conjugal partnership
SEPARATION OF PROPERTY
In the absence of an express declaration in the marriage settlements, the separation of property shall not take place except by judicial order Judicial separation of property may either be voluntary or for sufficient cause
REVIVAL OF FORMER PROPERTY REGIME

Civil interdiction terminates Absentee spouse reappears Court is satisfied that administrator would not abuse again Spouse who abandoned the dwelling returned Parental authority is restored Spouses who have separated in fact reconciled After voluntary dissolution, spouses agree to revive former property regime
TRANSFER OF ADMINISTRATION OF EXCLUSIVE PROPERTY TO EITHER SPOUSE

Grounds
One spouse becomes a guardian of the other One spouse judicially declared to be absent One spouse is sentenced to penalty with civil interdiction One spouse becomes a fugitive
PROPERTY REGIMES OF UNIONS WITHOUT MARRIAGE

ART. 147 Applicability Salaries and Wages ART. 148 Man and woman, living Man and woman, living together as husband and wife, together as husband and wife with capacity to marry without without capacity to marry any legal impediment Equal Shares Exclusively Owned Remains exclusive Owned in common in proportion to respective contribution
Properties acquired through exclusive funds

Properties acquired by both through work and industry
Remains exclusive provided there is proof

Co-ownership

ART. 147
- Equal shares since it is presumed to have been acquired through joint efforts - If one party did not participate in acquisition, presumed to have been contributed through care and maintenance of family and household
ART. 148
Properties acquired while living together
Presumed to be equal; however, proof may be shown to show that their contribution and respective shares are not equal

ART. 147 ART. 148 If one party is validly married to another: - his/her share in the coowned properties will accrue to the ACP/CPG of the existing valid marriage If the party who acted in bad faith is not validly married to another, his/her share shall be forfeited in the same manner as provided for in Art. 147
The share of the party in bad faith shall be forfeited: Forfeiture in case one party is in bad faith 1. In favor of their common children 2. Respective surviving descendants 3. To the innocent party
ADOPTION
The paradigm shift of adoption stems from subsequent laws and amendments enacted in lieu of the need to put into paramount consideration not only the welfare and interest of the adopter, but also of the child to be adopted.
ADOPTION
Qualifications of a Valid Adopter (Art.183, Family Code) :
1.
2. 3. 4.
A person of age and in possession of full civil capacity (21 years of age) In a position to support a family Must be 16 yrs. Older than the Adopted, unless the adopter is the parent by nature of the adopted As a General Rule, he must be a Filipino Citizen
ADOPTION
Disqualifications of an adopter (Art. 184, Family Code):
1. A Guardian without a subsequent termination of a guardianship relationship to his/her ward 2. Any person convicted of a crime involving moral turpitude 3. An alien, except when:
1. 2. 3. A Former Filipino Citizen adopting a relative by consanguinity One who seeks to adopt the legitimate child of his Filipino Spouse Married to a Filipino citizen and seeks to adopt JOINTLY with his/her spouse a relative of consanguinity of the latter
ADOPTION
GENERALLY, the husband and wife must jointly adopt, except when one spouse wants to adopt his own illegitimate child, or when one spouse seeks to adopt the legitimate child of another. This grants both spouses joint parental authority. (Art. 185-186)
ADOPTION
Such persons cannot be or are restricted from being subject of adoption (Art. 187):
A person of legal age; exception is
1. 2. when he is by nature, child of the adopter, or there has been consistent consideration of adopter to the child as his/her own
An alien from a country without diplomatic relations to the Philippines A person already adopted, unless revoked or rescinded
ADOPTION
CAPIS
Consent must be given by the following: (Art. 188)

1. The adopted child, being 10 years or over 2. Parents by nature of the child, legal guardian, or the proper government institution 3. Legitimate or adopted children of the adopters, being 10 years or over 4. Illegitimate children, being 10 years or over, while living with the adopting couple 5. The spouse of the adopter or the adopted
ADOPTION
Effects of adoption (Art. 189):
1. The adopted is deemed as a legitimate child, acquiring such rights under such classification, including right to use the surname of adopter 2. Termination of parental authority of natural parents of the adopted, except when the adopter is in fact the parent by nature 3. It does not disturb the rights of the adopted as intestate heir to his blood relatives
ADOPTION
Any person may initiate an action to rescind adoption for adopted minors or incapacitated ones through the proper instrumentality acting on his behalf, applying the ground of loss or suspension of parental authority found in Title XI of this Code. The same may also be initiated by the adopted, having attained the age of majority, on grounds same with disinheritance. RA 8043 provides for the rules on inter-country adoption of Filipino Children. This is implemented and supervised by the inter-country adoption board.
SUPPORT
Support encompasses all things needed for sustenance, dwelling, clothing, medical attendance, education and transportation. Support pendente lite is a special kind of support, asking for the same while litigation is pending.
SUPPORT
SLIP-LB
The following are obliged to support each other (Art.195-196):

1. Spouses 2. Legitimate ascendants and descendants 3. Parents and their legitimate children, and the latter s legitimate or illegitimate children 4. Parents and their illegitimate children, and the latter s legitimate or illegitimate children 5. Legitimate brothers and sisters, whether full or half-blood. 6. Illegitimate brothers and sisters, except only when the cause is imputable to the claimants fault or negligence
SUPPORT
Normally, people obliged to support are made to answer for such obligation with their own separate property. However, in case such cannot be satisfied, it may be taken from a source other than his own, i.e. absolute community regime, conjugal property, provided that upon liquidation of such regimes, it shall be charged to the property of the person obliged to support. (Art. 197) Support for children on account of pending proceedings for nullity, annulment or legal separation of marriage, shall be charged to the property regime existing, prior to final judgment. Hierarchy of the devolution of obligation to support:
1. 2. 3. 4. Spouses Descendant in nearest degree Ascendant in nearest degree Brothers and sister
This is necessary as to determine who shall give support in the event that a person obliged to do so may not carry out such obligation.
SUPPORT
When a person is obliged to support but cannot satisfy such obligation, the satisfaction of such may be passed to:
The other person obliged A stranger, unless he has no intention of being reimbursed
This is without prejudice however to the right of the one satisfying the obligation to claim what he has given in place of the person obliged. (Art. 200, 206)
FAMILY HOME
The Family Home is the dwelling where the family resides and the land on which it is situated. The Family Home may be constituted by:
1. 2. the husband and wife in a joint capacity; or an unmarried head of the family
Once occupied by the family as a residence, it is deemed constituted and commences to be exempt from execution, forced sale or attachment, as a general rule, and continues to be so as long as any of its beneficiaries actually reside therein. The beneficiaries of a family home are:
1. 2. the husband and wife, or the unmarried head of the family; their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or illegitimate, who reside in the family home and depend upon the head of the family for legal support.
FAMILY HOME
As a general rule, the family home is exempt from execution, forced sale or attachment. This, however, shall not be the case in the following exceptions:
1. 2. 3. 4. for non-payment of taxes; for debt incurred prior to the constitution of the family home; for debt secured by mortgages the premises before or after such constitution; and for debts in connection to the construction thereof
The family home is a part of the properties of the absolute community or the conjugal partnership. It may also be a part of the exclusive properties of either spouses with the latter s consent.
FAMILY HOME
Actual Value. Depending on the location, the family home shall not exceed the actual value of three hundred thousand or two hundred thousand pesos for urban and rural rears, respectively. Disposal. The family home can be the object of a contract, like sale, assignment or donation. It may likewise be encumbered provided that in all instances the written consent of the person constituting the same, or his spouse, and a majority of it its beneficiaries in the age of majority be secured first. In case of conflict, the court shall decide. Constitution. The family home shall continue despite the death of one or both spouses or the unmarried head of the family for a period of ten years or for as long as a there is a minor beneficiary., and the heirs cannot partition the same unless the court finds compelling reasons therefor.
FAMILY HOME
In case of a creditor whose claim is not among those mentioned in Art. 155 obtains a judgement in his favor and he has reasonable grounds to believe that the family home exceeds the maximum amount fixed therefor, as the case may be, he can file a motion in court directing the sale of the family home under execution, provided that at the execution sale, no bid below its respective maximum value shall be considered. The proceeds shall be first applied to its respective maximum value and then to the debt and thereafter the costs. The excess, if any, shall be delivered to the owner. A person may constitute or be the beneficiary of only one family home.
PATERNITY AND FILIATION

Legitimate Children Illegitimate Children
are those who are: 1.conceived or born during the marriage of the parents; 2.conceived by way of artificial insemination with the sperm of the husband or that of a donor, provided that both spouses authorized or ratified such insemination in a written instrument executed by them;
are those who are: 1.born out of wedlock 2.born of an incestuous marriage; 3.born of a bigamous marriage; 4.born of adulterous relations between parents; 5.born of marriages void for reason of public policy; 6.born of other void marriages

Legitimacy of a child may only be impugned on the following grounds:
1. 2. Physical impossibility of the husband to have fathered the child; When biologically or scientifically proven to be not the husbands child; or In case of conception by way of artificial insemination, the written authorization or ratification was obtained through mistake, fraud, violence, intimidation or undue influence
3.
The child shall be considered legitimate even if the mother may have declared against its legitimacy or may have been considered as an adulteress.

If marriage is contracted and the mother contracted another marriage within three hundred years upon termination of the first one, the following rules shall apply:
1. Paternity of the child goes to the first husband if the child was born one hundred eighty days before the celebration of the subsequent marriage. Paternity of the child goes to the second husband if the child was born one hundred eighty days after the celebration of the subsequent marriage, even if the birth was within three hundred days after the termination of the first marriage.
2.
Note: The legitimacy/illegitimacy of the child born after three hundred days following the termination of a first marriage shall be proven by the person alleging such legitimacy/illegitimacy.

Period to impugn legitimacy of a child:
1. Within one year from the knowledge of the birth of the child or its recording in the civil register, if the husband or any of his heirs are residing in the same municipality where the child was born or where it was recorded; Within two years from the knowledge of the birth of the child or its recording in the civil register, if the husband or any of his heirs are not residing in the same municipality where the child was born or where it was recorded; Within three years, if the husband or his heirs are living abroad; If the birth was concealed or unknown to the husband or any of his heirs, the period shall be counted from the discovery of the birth or of the fact of the registration, whichever is earlier.
2.
3. 4.

The heirs may impugn the filiation of the child within the prescribed period if the husband dies:
1. 2. 3. before the expiration of the period fixed for bringing the action; after filing the complaint without having desisted therefrom; or before the child was born
The filiation of legitimate children is established by:

1. 2. 3. Record of birth; Order of a court; or Signed handwritten instrument or public document admitting legitimacy of filiation
In the absence of the foregoing evidence,

1. 2. Open and continuous possession of the status as a legitimate child; or Any other means as allowed by the Rules of Court and special laws
Note: Illegitimate children establishes their illegitimate filiation in the same way.

The action to claim legitimacy may be brought by:
1. 2. The child during his lifetime; or The heirs should the child die during minority or in a state of insanity. In either case, the heirs shall have a period of five years to institute the action
The action already commenced by the child shall survive notwithstanding the death of either or both parties. Heirs as mentioned above pertain to both legitimate and illegitimate heirs. Illegitimate children establishing their illegitimate filiation must bring the action within the same prescribed period except when the action is based on an authentic writing wherein the action may be brought within the lifetime of the alleged parent.

Legitimated Children Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated. Only natural children may be legitimated. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation. The effects of legitimation shall retroact to the time of the childs birth. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. Legitimation may be impugned only by those who are prejudiced in their rights, within five years from their cause of action accrues.

Rights of Legitimate / Legitimated Child Rights of Illegitimate Child
1. 1. 2. 3. Bear his father and mother s surname; Support from his parents, ascendants, and in 2. proper cases, his brothers and sisters Entitlement of legitime and other successional rights 3. 4.
Bear the surname and be under the parental authority of the mother; Bear the surname of the father only if their filiation has been expressly recognized by the father (R.A. 9255) Support in conformity with the Family Code; Entitlement of one-half of the legitime of the legitimate child
PARENTAL AUTHORITY
Art. 209: Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. In all questions of care, custody, education and property of children, the latter's welfare shall be paramount. (Medina vs. Makabali, 27 SCRA 502). Natural affection between the parents and the offspring has always been recognized as an inherent and natural right. Patria Potestas is defined as the mass of rights and obligations involved in parental authority. Art. 210: Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. Parental Authority is inalienable, except when provided by law like in cases of adoption, guardianship and surrender to a childrens home or orphanage; or when a parent gives authority to another it merely temporary custody not renunciation. Art. 211: The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement the fathers decision shall prevail unless there is a judicial order. 2 Basic duties of children towards their parents (Applies to both legitimate and illegitimate): 1. Observe respect and are obliged to obey them as long as they are under their parental authority. 2. Observe respect and reverence towards their parents
PARENTAL AUTHORITY
Art. 212: In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person or property of the children. If a spouse dies, the other spouse still has parental authority. The court may appoint another person to be the guardian of both child and property. Art. 213: In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. Child below 7 shall not be separated from mother unless there is a compelling reason. Mother preferred as trustee of insurance proceeds for minor child. Custody may also be given to 3rd persons if the situation so warrants. Lesbianism per se is not a ground to separate child from mother. Art. 214: In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. Surviving grandparent has parental authority in case of death, absence or unsuitability of the parents. In case several grandparents survive, the court will decide. Art. 215: No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable in a crime against the descendant or by one parent against the other. Privilege does not include or extend to civil cases.
PARENTAL AUTHORITY
Art. 216: In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated:
1. The surviving grandparent, as provided in Art. 214; 2. The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and 3. The child's actual custodian, over twenty-one years of age, unless unfit or disqualified. Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed.
In cases of default of parents or guardian the following shall have Parental Authority:
1.Surviving grandparent 2.Oldest brother or sister over 21 3.Childs actual custodian over 21
PARENTAL AUTHORITY
Art. 217: In case of foundlings, abandoned neglected or abused children and other children similarly situated, parental authority shall be: In case of no family members (foundling, abandoned, neglected or abused children and other children similarly situated), PA shall be entrusted in summary judicial proceedings to heads of childrens homes, orphanages, etc. Transfer of parental authority: Involuntary: by DSWS who files with court to have custody over the child. Voluntary: parent or child commits to the DSWS (surrendered in writing by parents, if only 1 and the other is dead or abandoned for at least 1 year, 1 parent authorization is enough)
PARENTAL AUTHORITY
Art. 218: The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody. Art. 219: Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. School, administrators, teachers, individuals or entities engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instruction, custody. Those given special authority shall be principally and solidarily liable (civil liability) for damages caused by the acts or omissions of the minor. Parents or those who have substitute parental authority shall be subsidiarily liable (if persons with special authority cannot cover the liability). Under the civil code, article 2180, teachers etc. can still be held liable when children are not anymore minors subject to the defense of proper diligence. Authority applies to authorized activities inside or outside the premises.
PARENTAL AUTHORITY
Art. 220: The parents and those exercising parental authority shall have with the respect to their unemancipated children onwards. Rights and duties of parents to their child:
1. 2. 3. 4. 5. 6. 7. 8. 9. Support, educate and instruct them, provide for their upbringing in keeping with their means. Love and affection, advice, counseling, companionship, and understanding Moral and spiritual guidance Physical and mental health Good and wholesome educational materials and prevent them from bad company Represent them in all matters affecting their interest. Demand respect and obedience Impose discipline Others imposed by law SMEAR
DIED
PARENTAL AUTHORITY
Art. 221: Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. Parents are primarily liable (civilly) for injuries and damages caused by the acts and omissions of their unemancipated children living in their company and under their parental authority. If parents can show that they exercised the diligence of a good father, then no liability. Art. 222: The courts may appoint a guardian of the child's property or a guardian ad litem when the best interests of the child so requires. The best interest of the child is always of paramount importance. Court may appoint a guardian ad litem for purposes of the lawsuit when the best interest of the child requires it. Art. 223: The parents or, in their absence or incapacity, the individual, entity or institution exercising parental authority, may petition the proper court of the place where the child resides, for an order providing for disciplinary measures over the child. Parents can impose certain forms of discipline but must be reasonable. Person who has parental authority may seek the assistance of the court to discipline the child. If the court finds that it is the petitioner at fault, the court may suspend or deprive him of parental authority.
Art. 224: The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or institutions engaged in child care or in children's homes duly accredited by the proper government agency. Upon the commitment of the child the parent cannot interfere with the care of the child but will provide support. The court may terminate the commitment of the child whenever just and proper.
PARENTAL AUTHORITY
Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated common child without the necessity of a court appointment. It is presumed that the parents act for the best interest of the child, hence there is no need for a judicial court to appoint parents as guardians. Prohibition or cases where a parent cannot be the administrator of the property: When a parent is disinherited by an ascendant, such parent cannot administer the legitime which is inherited by such child by right of representation. (Art. 923, New Civil Code) When the parent is incapacitated by unworthiness to succeed an ascendant, he is deprived of the powers if administration over the legitime transmitted to the child. (Art. 1035, New Civil Code). If the market value of total property or income of child is more than P50k, the parent has to give a bond not less than 10% of value of property to guarantee performance of the obligations If child is under substitute parental authority or guardian is a stranger then rules on guardianship apply.
PARENTAL AUTHORITY
Art. 226. The property of the unemancipated child earned or acquired with his work or industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter's support and education, unless the title or transfer provides otherwise. No more complete usufruct that the parents exercise over the properties of their minor child. The child shall own exclusively whatever he earns or by onerous or gratuitous title. Fruits of such can only be used by the parents for the support of the child and secondarily for the support of the family. Parents cannot use the income and fruits of child's properties for their own use. Art. 227: If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner. Parents who engage their unemancipated child to take care of their properties are to give their child a monthly allowance taken from the gross proceeds of the property for the month. Such will not be charged to the childs legitime. The net proceeds or the balance left after the payment of the allowance and expenses will go to the parents
PARENTAL AUTHORITY
Art. 228: Parental authority terminates permanently:
1. Upon the death of the parents; 2. Upon the death of the child; or 3. Upon emancipation of the child.
Two ways of termination of Parental Authority:

1.Permanent 2.Temporary
Grounds for permanent termination of Parental Authority:

1.Death of parents 2.Death of the child 3.Emancipation of the child
In permanent termination of Parental Authority, the court, upon the death of the parents, can appoint a guardian on petition of a relative, family friend, or DSWD. Parental authority cannot be revived.
PARENTAL AUTHORITY
Art. 229: Unless subsequently revived by a final judgment, parental authority also terminates:
1. 2. 3. 4. 5. Upon adoption of the child; Upon appointment of a general guardian; Upon judicial declaration of abandonment of the child in a case filed for the purpose; Upon final judgment of a competent court divesting the party concerned of parental authority; Upon judicial declaration of absence or incapacity of the person exercising parental authority.
In temporary termination of Parental Authority, like adoption, all legal ties are severed and are vested on the adopter. For the reinstatement of parental authority judicial declaration is needed for reinstatement of parental authority.
PARENTAL AUTHORITY
Art. 230: Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. Impossibility of performing the duties of parents is the reason for the suspension of parental authority. Parental authority is suspended upon conviction of the parent of a crime that has civil interdiction. Parental authority is automatically reinstated upon service of sentence or pardon. Art. 231: The court in an action filed for the purpose in a related case may also suspend parental authority. Suspension of parental authority arises when the parent:
Treats the child with excessive harshness or cruelty Gives child corrupting orders, example or counsel Compels the child to beg Subjects or allows him to be subject to acts of lasciviousness (not actual sexual act, force or intimidation with lewd design)
May include cases where the parent was negligent or didnt do anything about the situation. If the degree or seriousness so warrants parent may be deprived of authority. Parental authority may be revived in a case filed for its purpose or in the same proceeding if the court finds that the cause has ceased.
PARENTAL AUTHORITY
Art. 232: If the person exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse, such person shall be permanently deprived by the court of such authority. If the person exercising parental authority has subjected the child or allowed him to be subjected (culpable negligence of a parent) to sexual abuse parental authority will be permanently deprived. Parental authority cannot be revived for sexual abuse. In the Revised Penal Code, parental authority can be deprived or suspended upon the discretion of the courts. Art. 233: The person exercising substitute parental authority shall have the same authority over the person of the child as the parents. In no case shall the school administrator, teacher of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. Reiteration of Art. 220, 221, 223, and 224 of the Family Code. Emphasizes those exercising substitute parental authority will have all the same rights and authorities over the child. The custodian of the child has also the same duties and responsibilities as that of the parent. Those with special parental authority cannot inflict corporal punishment on the child.
EMANCIPATION
Art. 234: Emancipation takes place by the attainment of majority. (Amended by RA 6809). Emancipation is attained upon reaching the age of majority. Marriage is no longer a ground for emancipation. Art. 235: Repealed by RA 6809. Art. 236: Emancipation for any cases shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil of life, save the exceptions established by existing laws in special cases. Contracting marriage shall require parental consent until the age of 21. Nothing in this code shall be construed to derogate from the duty or responsibility of parents and guardians for children and wards below twenty-one years of age mentioned in the second and third paragraphs of Article 2180 of the civil code. Emancipation entitles the child to perform all acts of civil life. He shall also be liable for all acts of civil life. In case of death or incapacity of the father, the mother is responsible for the damages caused by the children between 18 and 21 who live in their company. Parents are also subsidiary liable for the acts or omission of their emancipated child living in their custody. Guardians are liable for damages if the person is under their authority and live in their company.
SUMMARY AND JUDICIAL PROCEEDINGS

Art. 238. Until modified by the Supreme Court, the procedural rules provided for in this Title shall apply as regards separation in fact between husband and wife, abandonment by one of the other, and incidents involving parental authority.
Law makes the provisions of the Rules of Court applicable in matters of separation of spouses, abandonment, and incidents pertaining to parental authority.

Art. 239. When a husband and wife are separated in fact, or one has abandoned the other and one of them seeks judicial authorization for a transaction where the consent of the other spouse is required by law but such consent is withheld or cannot be obtained, a verified petition may be filed in court alleging the foregoing facts. The petition shall attach the proposed deed, if any, embodying the transaction, and, if none, shall describe in detail the said transaction and state the reason why the required consent thereto cannot be secured. In any case, the final deed duly executed by the parties shall be submitted to and approved by the court. Pertains to judicial approval. Law outlines the procedure that the court shall undertake in case a transaction seeks judicial authorization where the consent of one spouse is necessary but was withheld or cannot be obtained. The approval of court shall protect the transacting spouse and third persons who are directly affected by the transaction. Art. 240. Claims for damages by either spouse, except costs of the proceedings, may be litigated only in a separate action. Pertains to damages. The law provides that damages, except of the proceedings may be litigated only in separate action.

Art. 241. Jurisdiction over the petition shall, upon proof of notice to the other spouse, be exercised by the proper court authorized to hear family cases, if one exists, or in the regional trial court or its equivalent sitting in the place where either of the spouses resides. Pertains to the proper court. The law provides that summary judicial proceedings brought under the Family Code shall be heard in proper family court. Art. 242. Upon the filing of the petition, the court shall notify the other spouse, whose consent to the transaction is required, of said petition, ordering said spouse to show cause why the petition should not be granted, on or before the date set in said notice for the initial conference. The notice shall be accompanied by a copy of the petition and shall be served at the last known address of the spouse concerned. Pertains to due process. Once petition is filed, other party shall be given the chance to comment and state why petition should not be granted. Art. 243. A preliminary conference shall be conducted by the judge personally without the parties being assisted by counsel. After the initial conference, if the court deems it useful, the parties may be assisted by counsel at the succeeding conferences and hearings. Pertains to preliminary conference. It is aimed at having parties settle amicably their differences so that judicial proceedings can be shortened.
Art. 244. In case of non-appearance of the spouse whose consent is sought, the court shall inquire into the reasons for his failure to appear, and shall require such appearance, if possible. Pertains to non-appearance. Court shall inquire into the reasons for the failure of the spouse to appear in court. Art. 245. If, despite all efforts, the attendance of the non-consenting spouse is not secured, the court may proceed ex parte and render judgment as the facts and circumstances may warrant. In any case, the judge shall endeavour to protect the interests of the non-appearing spouse. Pertains to ex-parte proceedings. The case shall proceed even without the presence of the non-consenting party. Judge shall endeavour to protect the interest of the non-appearing spouse. Art. 246. If the petition is not resolved at the initial conference, said petition shall be decided in a summary hearing on the basis of affidavits, documentary evidence or oral testimonies at the sound discretion of the court. If testimony is needed, the court shall specify the witnesses to be heard and the subject-matter of their testimonies, directing the parties to present said witnesses. Pertains to summary proceedings. Case shall be summary and the manner by which it will proceed shall depend on the appreciation of the situation by the judge.

Art. 247. The judgment of the court shall be immediately final and executory. Pertains to finality. Decisions become final and executory after the lapse of 15 days from the time the parties receive a copy of the decision. Art. 248. The petition for judicial authority to administer or encumber specific separate property of the abandoning spouse and to use the fruits or proceeds thereof for the support of the family shall also be governed by these rules. Pertains to administration of property. The spouse present shall be given judicial authority to administer any specific separate property of the other spouse.

Art. 250. Such petitions shall be verified and filed in the proper court of the place where the child resides. Pertains to the venue. The venue shall be the court of the place where the child resides.
Art. 251. Upon the filing of the petition, the court shall notify the parents or, in their absence or incapacity, the individuals, entities or institutions exercising parental authority over the child. Pertains to notification. The court has the duty to notify people who have parental authority over the children to appear in court.

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LEGEND:

Text codal provision - Exception - Code/ mnemonic

2. Consent freely given in the presence of a solemnizing officer

Absence Defect Irregularity

The adopter can validly marry

Judgement of conviction is final

Note: if judgment is still on appeal, this cannot be a ground for annulment

Summary judgment is also prohibited in an action for annulment of marriage.

Repeated physical violence or grossly abusive 1 conduct

Sexual infidelity or perversion

When should it be filed?

4. Where both parties have given ground for legal separation

6. Where the action is barred by prescription

ABSOLUTE COMMUNITY OF PROPERTY

ABSOLUTE COMMUNITY OF PROPERTY

ABSOLUTE COMMUNITY OF PROPERTY

Absolute Community of Property

Absolute Community of Property

Conjugal Partnership of Gains

2. Property acquired by inheritance or donation wither before or during marriage

CONJUGAL PARTNERSHIP OF GAINS

CONJUGAL PARTNERSHIP OF GAINS

CONJUGAL PARTNERSHIP OF GAINS

REVIVAL OF FORMER PROPERTY REGIME

TRANSFER OF ADMINISTRATION OF EXCLUSIVE PROPERTY TO EITHER SPOUSE

PROPERTY REGIMES OF UNIONS WITHOUT MARRIAGE

Properties acquired through exclusive funds

Remains exclusive provided there is proof

PROPERTY REGIMES OF UNIONS WITHOUT MARRIAGE

Properties acquired while living together

PROPERTY REGIMES OF UNIONS WITHOUT MARRIAGE

Consent must be given by the following: (Art. 188)

The following are obliged to support each other (Art.195-196):

PATERNITY AND FILIATION

PATERNITY AND FILIATION

PATERNITY AND FILIATION

PATERNITY AND FILIATION

PATERNITY AND FILIATION

The filiation of legitimate children is established by:

In the absence of the foregoing evidence,

PATERNITY AND FILIATION

PATERNITY AND FILIATION

PATERNITY AND FILIATION

Two ways of termination of Parental Authority:

Grounds for permanent termination of Parental Authority:

SUMMARY AND JUDICIAL PROCEEDINGS

SUMMARY AND JUDICIAL PROCEEDINGS

SUMMARY AND JUDICIAL PROCEEDINGS

SUMMARY AND JUDICIAL PROCEEDINGS

SUMMARY AND JUDICIAL PROCEEDINGS

SUMMARY AND JUDICIAL PROCEEDINGS

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