Civil Law Summer Reviewer Ateneo Central Bar Operations 2007 Annex

Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

ANNEX A EFFECTS OF TERMINATION OF MARRIAGE Grounds for annulment Lack of parental
consent Who can file a. Party under age b. Parent or guardian Insanity of one
party Sane spouse Prescriptive period a. Within 5 years after attaining 21 b.
Before child reaches 21 2 views: Sempio-Diy: Before death of other party Dean Del
Castillo: Within 5 years from the time the right or action accrues Guardian of
insane spouse Insane spouse Anytime before the death of either party During the
lucid interval or after regaining sanity also before death of other party Within 5
years after discovery of Fraud Within 5 years from time force, intimidations or
undue influence disappeared or ceased Within Five Years after the marriage
ceremony Free cohabitation even with full knowledge of facts constituting the
fraud Free cohabitation after the cause disappeared or ceased No ratification
since defect is permanent. Free cohabitation after insane regains sanity
Ratification Free cohabitation after reaching 21
Fraud Vitiated consent
Injured Party
QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.
Injured Party
Incapability to Consummate/ Sexually transmissible disease
Injured Party
ANNEX B EFFECTS OF VOIDABLE BIGAMOUS MARRIAGE, DECLARATION OF NULLITY, AND

ANNULMENT VOIDABLE BIGAMOUS MARRIAGE (ART 41) Children of subsequent marriage
conceived before its termination – legitimate ACP/CPG shall be liquidated. Spouse
who contracted the marriage in bad faith, his/her share in the net profits of
community property shall be forfeited in favor of common children or if there are
none, children of the guilty spouse by previous marriage or in default, the
innocent spouse Shall remain VALID except a. If donee contracted the marriage in
bad faith, donations propter nuptias made to the donee are revoked by operation of
law. b. If both spouses acted in bad faith, donations propter nuptias made by one
in favor of the other are revoked by operation of law. If one spouse acted in bad
faith, innocent spouse may revoke his designation as beneficiary in the insurance
policy even if such designation be stipulated irrevocable If one spouse contracted
the marriage in bad faith, he shall be disqualified to inherit from the innocent
spouse both testate and intestate DECLARATION OF NULLITY Illegitimate except Art.
36 and Art. 53 Same ANNULMENT Children conceived or born before annulment decree –
legitimate Same
Status of children Property Relations
Donations Propter Nuptias
Same
Same
Insurance
Same
Same
Succession
Same
Same
ANNEX C DISTINCTION BETWEEN VOID AND VOIDABLE MARRIAGE VOID VOIDABLE Inexistent
from the time of performance Valid until annulled Cannot be ratified Can be
ratified either by free cohabitation or prescription No community property, only
co-ownership (Art 147) Children are illegitimate Exceptions: a. In case of psycho
incapacity (Art 36) b. Children born of subsequent marriage (Art 53) a. May be
attacked directly or collaterally but for purpose of remarriage, there must be
judicial declaration of nullity. b. Can still be impugned even after death of
parties c. Action for nullity does not prescribe Absolute community exists unless
another system is agreed upon in marriage settlement Children are legitimate if
conceived before decree of annulment
As to nature As to susceptibility to ratification As to effect on property As to

effect on children
As to how marriage may be impugned
a. Cannot be attacked collaterally, only directly, i.e. there must be a decree of

annulment b. Can no longer be impugned after death of one of the parties c. Action
prescribes
ANNEX D
STAGES WHEN TO FILE WHO MAY FILE REMEDY
Provisional Absence
No statutory period
Spouse
a. receivership (Art. 12, FC) b. judicial separation of property (Art. 12, FC) c.
authority to be sole administrator of the conjugal partnership (Art . 12, FC)
Declaration of Absence and Appointment of Administrator (spouse shall be
preferred) but only under the following cases: a. when the absentee has properties
which have to be taken cared of or administered by a representative appointed by
the Court (Art. 384, NCC) b. when the spouse of the absentee is asking for
separation of property (Art. 135, FC) c. when the spouse of the absentee is asking
the Court that the administration of all classes in the marriage be transferred to
her (Art .142, FC)
Declaration of Absence
without administrator - 2 years from time of disappearance with administrator - 5

years from time of disappearance
a. the spouse b. voluntary heirs c. intestate heirs d. those who may have over the
property of the absentee some right subordinated to the condition of the
absentee's death
Presumption of death
ORDINARY ABSENCE • 4 years person presumed dead for purposes of remarriage of the
spouse present • 7 years presumed dead for all purposes EXCEPT for those of d a
QuickTime™ an TIFF deco opening(Uncompressed) this pmpressor are succession
icture. needed to see • 10 years person presumed dead for Spouse purposes of
succession EXCEPT if he disappeared after the age of 75, in which case, a period
of 5 years EXTRAORDINARY ABSENCE • 4 years for all purposes including those of
opening succession • 2 years for purposes of remarriage)
Action to declare a person presumptively dead is proper only when the spouse of
the absentee wants to remarry

Civil Law Summer Reviewer Ateneo Central Bar Operations 2007 Annex

Uploaded by

Copyright:

Available Formats

Civil Law Summer Reviewer Ateneo Central Bar Operations 2007 Annex

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Civil Law Summer Reviewer Ateneo Central Bar Operations 2007 Annex

Uploaded by

Copyright:

Available Formats

Civil Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

Fraud Vitiated consent

Incapability to Consummate/ Sexually transmissible disease

ANNEX B EFFECTS OF VOIDABLE BIGAMOUS MARRIAGE, DECLARATION OF NULLITY, AND

Status of children Property Relations

Donations Propter Nuptias

As to nature As to susceptibility to ratification As to effect on property As to

As to how marriage may be impugned

a. Cannot be attacked collaterally, only directly, i.e. there must be a decree of

without administrator - 2 years from time of disappearance with administrator - 5

You might also like