Persons and Family Relations
Persons and Family Relations
Persons and Family Relations
Maria)
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Added Info:
Covered Under this Rule:
- Presidential decrees and
executive orders by the
president in exercise of
his legislative powers.
- Administrative rules and
regulations if their
purpose is to enforce or
implement existing law
pursuant to a valid
delegation.
- City charter must be
published even if it is only
applicable to a portion of
national territory
* Interpretative regulation and
those internal in nature need not
be published.
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Administrative or executive acts are valid only when they are not
contrary to laws or the Constitution
REPEAL: legislative act of abolishing a previous statute through a new
law
- Where a portion of a statute is rendered unconstitutional and
part is valid the arts may be separated if they can stand
independently of one another.
Art. 8: Judicial decisions form
case laws
Art. 9: Responsibility of the
courts
Art. 10: It is presumed that the
lawmaking body intended right
and justice to prevail
Art. 11: Customs
Art. 12: Customs must be
proved accdg. to the rules of
evidence.
Art. 13: Years, days, months
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Exception:
Foreigners who are immune from
suit and thus cannot be charged
(diplomatic agents)
Thus a Filipino cannot get a
divorce even if he or she goes
abroad, since divorce is not
recognized in the Philippines
Property
HUMAN RELATIONS
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It is the courts duty to render justice and give protection on account of those
who are disadvantage due to moral dependence, ignorance, indigence
(poverty), mental weakness, tender age or other handicap.
The courts at the instance of the government or any private charitable institution
can order one to stop extreme spending during times of emergency.
Ex. There is a gasoline scarcity and a rich man buys tons and tons of gasoline
to power his private amusement park. the court may order him to seize such at
the instance of the government or charitable institution to prevent such in times
of emergency.
- Meant to enforce the right of one to his privacy in ones own home, religious
freedom, prevent moral suffering, vexation, humiliation,
- One may file an action for damages against the officer who does not perform
his official duty without just cause.
- A public officer who commits a tort or other wrongful act is still liable to the
victim.
- Necessary to promote a system of free enterprise and a fair chance for others
to engage in business and earn a living.
- If in a criminal case, the accused is not proven guilty beyond reasonable doubt
a civil action may be made and the degree of proof necessary is only a
preponderance of evidence which means that more evidence is adduced to
prove the guilt of the accused compared to that to defend him.
- A civil obligation arising from a criminal offense only needs a preponderance of
evidence as the quantum of proof,
- Usually a criminal proceeding, if commenced, must be terminated
before a civil proceeding can begin. If a civil proceeding has begun and
later on a criminal proceeding is filed, the civil proceeding is put on hold
until the criminal proceeding has finished.
However when the civil obligation is separate from the crime
committed it may proceed independently of the criminal proceeding.
- Certain injuries do not arise from the commission of a crime.
Ex. A bus driver crashes the bus because he is drunk. The civil action here is
based from the breach of the contractual obligation of all common carriers to
take extra diligence in driving his passengers. The criminal action here is based
on the drivers criminal negligence. The first is governed by the civil code and
the second is from the Revised Penal Code.
- Necessary to have an absolute separate and independent civil action for the
violation of civil liberties for the effective maintenance of democracy.
- Principle is to allow the citizen to enforce his rights regardless of State action
so that citizens will not depend upon the government for the vindication of their
own private rights.
- Includes fraud, defamation, physical injuries and are understood in their
ordinary sense.
*Criminal negligence
(reckless imprudence) is not
included in this article, thus
an independent action for
such cannot be made
independently from the
criminal prosecution.
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An accessory penalty for the commission of an offense, which deprives the offender during the time of his sentence the rights of parental authority, or
guardianship, right to manage his property and the right to dispose of such property by any act.
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considered conceived.
Art. 42: Civil personality
extinguished at death
JURIDICAL PERSONS
Art. 44: Who are juridical
persons
Art. 45: What governs juridical
persons
Art. 46: Rights and obligations
of juridical persons
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womb for less than 7 months it is not deemed born if it dies within 24
hours it is delivered form the womb.
Death puts an end to civil personality
Dead person continues to have personality only through contract, will,
or as determined by law. Creditors can still claim from the estate of
the deceased any obligation due to them.
No human body shall be buried unless the proper death certificate has
been presented and recorded however during an epidemic bodies may
be buried provided that the death certificate be secured within 5 days
after the burial.
Applies to persons who are called to succeed each other like mother
and child. (Necessary to determine the amount of inheritance one is to
receive, transmission of rights, etc.)
If there is no proof as to who died first, they are presumed to have died
at the same time and thus no transmission of rights from one to the
other.
Proof of death cannot be established from mere inference or
presumptions. It must be established by clear positive evidence.
be pierced, thus making the shareholders and members liable, when the fiction
is used to defeat public convenience, justify wrong, protect fraud, defend crime,
perpetrate deception, etc.
*State and political subdivisions, other corporations, institutions, and entities for
public interest or purpose are governed by the laws creating them.
*Private corporations are regulated by laws of general application on the subject
*Partnerships are governed by the provisions of this Code concerning
partnerships
*Juridical persons may acquire and possess property of all kinds and incur
obligations in conformity with the laws and regulations of their organization.
- Upon the dissolution of such entities mentioned above, their properties
and other assets should be disposed of in pursuance of law or the
charter creating it.
- If there is nothing in the law, it shall be applied for a similar purpose for
the benefit of the region/province/city it is in.
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THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3, 1988 signed by President Corazon Aquino (Executive Order 209)
REQUISITES OF MARRIAGE:
Article
Summary of Annotation
Additional
Info/Exceptions/Connected
with:
Art. 1: Marriage is a special contract of permanent
Nature of Marriage:
*Marriage as a special
union between a man and a woman entered into in
-Marriage is one of the basic civil rights of man. The
contract cannot be restricted
accordance with the law for the establishment of
freedom to marry has been recognized as a vital
by discriminatory policies of
conjugal and family life.
personal right towards the pursuit of mans happiness.
private individuals or
It is the foundation of the family and an inviolable
-Still considered as a special civil contract regulated by
corporations.
social institution whose nature, consequences, and
law due to the high state interest in protecting and
incidents are governed by law and not subject to
safeguarding the family.
MAIL-ORDER BRIDE:
stipulation, except that marriage settlements may fix
-A contract to marry, unlike other contracts, cannot be
considered as a criminal
the property relations during the marriage within the
modified or changed. Once it is executed a relation is
offense because marriage is
limits provided by the code.
formed between the parties that cannot be altered. The
vested with public interest.
law steps in to hold or bind the parties together.
(Connected with the Anti-A subsequent marriage between the rapist and raped
Trafficking Act)
victim extinguishes the criminal action or penalty of the
Acts punished:
rapist. In case of marital rape2
1. Carry on such a business
2. To advertise the promotion
Marriage Status: Marriage creates a social status,
of such acts.
which the state is interested in protecting. It is a case
3. Solicit or attract or any
where a double status is created, involves and affects
Filipino woman to become a
two persons.
member in a club that
matches women for marriage
Marriage in International Law: men and women of full
to foreign nationals for a fee.
age without any limitation due to race, nationality or
4. Use the postal service to
religion have the right to marry and found a family.
promote the prohibited acts.
1. Universal Declaration of Human Rights
2. International Covenant on Economic, Social and
VALIDITY OF MARRIAGE:
Cultural Rights
governed by the law effective
3. International Covenant on Civil and Political Rights.
at the time of the celebration
of the marriage.
2
Marital rape is now considered a crime wherein the legal husband is the offender and the wife is the victim. Prior to this marital rape was not considered a crime
because it was considered the right of the husband to have sexual intercourse with his wife whenever he pleased.
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CONSENT:
1. Must be freely given
2. Made in the presence of the solemnizing officer
- Absence of consent makes the marriage void.
However if there is consent but such was
obtained through force, fraud, undue influence,
etc then it is only voidable.
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- Emancipation is obtained at
18; marriage no longer
emancipates a child because
they must be 18 years of age
to marry.
- Contracting parties 18 years
old and above but BELOW 21
years of age must obtain the
consent of their father,
mother, surviving parent, or
guardian in the order
mentioned. (Non-compliance
makes the marriage
annullable)
The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties
appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said
parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon
their personally appearing before him, be convinced that either or both of them have the required age.
Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required to
furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of
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the deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or
declaration of nullity of his or her previous marriage.
In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance
and his or her actual civil status and the name and date of death of the deceased spouse.
Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage,
are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding
articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or
guardian, or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in
writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an
affidavit made in the presence of two witnesses and attested before any official authorized by law to administer
oaths. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if
one is executed instead, shall be attached to said applications.
Art. 15: Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents
or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the
marriage license shall not be issued till after three months following the completion of the publication of the
application therefore. A sworn statement by the contracting parties to the effect that such advice has been sought,
together with the written advice given, if any, shall be attached to the application for marriage license. Should the
parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement.
Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in
addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister
authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the
proper government agency to the effect that the contracting parties have undergone marriage counseling. Failure
to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period
of three months from the completion of the publication of the application. Issuance of the marriage license within
the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of
the marriage.
Should only one of the contracting parties need parental consent or parental advice, the other party must be
present at the counseling referred to in the preceding paragraph
Art. 17: The local civil registrar shall prepare a notice,
- It is the duty of the civil registrar to post a notice
which shall contain the full names and residences of
informing the public of the impending marriage. The
the applicants for a marriage license and other data
purpose of which is so that persons having knowledge
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EXCEPTIONS:
1. The courts direct civil
registry to refuse
giving out the license
2. When the requited
certificate of legal
capacity of foreigners
is not given (Art. 21)
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Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the
original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the
certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the marriage
was solemnized. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting
copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the
marriage certificate, the copy of the marriage certificate, the original of the marriage license and, in proper cases,
the affidavit of the contracting party regarding the solemnization of the marriage in place other than those
mentioned in Article 8.
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4. Baptismal, birth
certificates of kids
5. Judicial decisions
6. Testimonies of
parties, witness,
solemnizing officers
7. Cohabitation and
conduct
8. Statement in a will
* A certificate of marriage
made years after the marriage
is inadmissible as evidence.
EXCEPTIONS to international
comity:
-Either or both contracting
parties are Filipinos and
below 18 years of age
-Polygamous and bigamous
marriages recognized abroad
will not be valid here.
-Marriage abroad where there
is mistake of identity of the
other contracting party is not
recognized here.
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MARRIAGES VOID AB INITIO: Not valid from its inception. No rights can flow from it and can never be ratified. (Judicial declaration of nullity).
Art. 35: The following marriages shall be void from the Article 2, 3, 4: when all the essential and formal requisites of a marriage are absent
beginning:
- Only marriages declared by the legislature, as void should be treated as such.
(1) Those contracted by any party below eighteen
There can be no other void marriage except those provided by law.
years of age even with the consent of parents or
guardians;
Void Marriage
Voidable
(2) Those solemnized by any person not legally
Cant be a source of rights
Can be source of rights
authorized to perform marriages unless such
Cant be ratified
Ratified by prescription or
marriages were contracted with either or both parties
cohabitation
believing in good faith that the solemnizing officer had
Can be attacked collaterally.
Can only be attacked directly
the legal authority to do so;
Can be questioned after death Only assailed during lifetime
(3) Those solemnized without license, except those
of parties
of parties
covered the preceding Chapter;
Action for nullity has no
Action prescribes
(4) Those bigamous or polygamous marriages not
prescription
failing under Article 41;
- Estoppel or acquiescence does not apply to remedy the infirmity of a void
(5) Those contracted through mistake of one
marriage. Thus if one of the parties stated under oath that they were 25 when
contracting party as to the identity of the other; and
they were actually 16 the marriage is void despite the oath.
(6) Those subsequent marriages that are void under
- Good faith and bad faith generally is immaterial in void marriages except: when
Article 53.
either of the parties believed in good faith that the solemnizing officer had the
authority to solemnize the marriage when in fact he had none. Second, in case
the spouse disappears for 4 years or 2 years in proper cases the present spouse
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may marry again if there is a judicial declaration of presumptive death and at the
time of the celebration of marriage either spouse is in good faith that the absent
spouse is still absent.
Ex. W is married to H and W disappears for 4 years and is judicially declared
presumptively dead. H later on is to marry W2. W2 however sees W the day
before the wedding but does not tell H. As long as H is in good faith and does not
know of the presence of W the marriage will still be valid.
- Generally evidence other than a judicial declaration of nullity can be presented
except (direct attack needed) for purposes of remarriage, validity of marriage is
essential to the determination of the case, and when a donor desires to revoke a
donation propter nuptias.
BELOW 18 YEARS OF AGE: not capacitated to marry even if with parental consent.
History: 14 male, 12 female: minimum age for effective procreation
16 male, 14 female: Maturity and responsibility were taken into consideration.
Gender Roles: ability of men to provide and ability of women to care for the
household.
18 for both: No significant difference in terms of maturity of male and female.
Science shows below 18 leads to unsafe pregnancies.
NON-AUTHORITY OF SOLEMNIZER:
Exception: If EITHER or both of the contracting parties believed in good faith that he had
such authority. The good faith of the party is what is referred to not the solemnizing
officer.
- Unless it was ignorance of the law then the marriage will be void. The person must be
one of the people in Article 7 thus if a couple is married by a janitor, them believing that a
janitor can celebrate a marriage, the marriage will be void.
Exception: Marriage was done abroad and such officer is valid in that country
BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married men or women from
contracting a subsequent marriage when their consort is still alive.
Exception:
- That mentioned in Article 41 regarding appearance of a spouse after a
declaration of presumptive death.
- Those provided for under the Muslim code.
- When the first marriage was actually void with a judicial declaration of nullity.
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Without judicial declaration of nullity then 2nd marriage will be void under Article
40.
MISTAKE IN IDENTITY: An instance of fraud, which is a ground for the nullity of the
marriage. Here the contracting party absolutely did not intend to marry the other, as the
same is not the person he or she actually knew before the marriage.
Does not include: mistake in name, character of person, attributes, age, social standing,
religion, pedigree, pecuniary means, temperaments, acquirements, condition in life,
previous habit.
VOID UNDER ARTICLE 53: Marriages that have annulled or declared null and void must
undertake the liquidation, partition and distribution of their properties, delivery of
presumptive legitimes, etc. to be able to remarry.
Psychological incapacity to comply with the essential
P.I.
Insanity
marital obligation of marriage at the time of marriage,
Cannot be
Can be
even if it becomes manifest after the solemnization of
cured
cured
the marriage.
No consent
Consent can
- Not defined and thus left on a court-to-court
present
be given
basis. A person may actually be efficient in
since he
during lucid
doing other things such as his profession but
does not
interval
with regards to his married life it can be
know the
different.
true meaning
- Not just stubborn refusal but attributed to
of marriage
psychological causes (not necessarily insane)
- Lacking in the exercise of the judgment not
PROOF to show P.I.:
lack of judgment
1. Observe of duties
- True inability to commit oneself to the
(living together, etc.)
essentials of marriage psychosexual
2. Procreation
disorders or other personality disorders
3. Obligation of parents to
- Inability to commit to the essentials of marriage
children.
procreation, education of offspring,
4. Senseless and
community of life and love
protracted refusal to
have intercourse
Must be characterized by:
5. Unreasonable
1. Gravity- grave or serious
attachment to ones
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Article 68: husband and wife are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support. Article 69: Husband and wife shall fix the
domicile and in case of disagreement the court shall decide. Article 70: spouses are jointly responsible for the support of the family and the expenses for such support and other
conjugal obligations shall be paid from community property, income or fruits of separate property, or separate property. Article 71: management of household shall be right and duty of
both spouses.
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lesser degree.
COLLATERAL HALF-BLOOD RELATIVES BY CONSANGUINITY: the law does not
provide that marriages between collateral blood relatives by the half-blood are prohibited.
Case Law: In Re: Simms Estate
- Because of specification in brothers and sisters and no specification with uncles
and nieces, marriage between uncles and nieces are not prohibited
- Unlike ruling in Audley where it deemed it was unnecessary
- Marriage between uncles and nieces who are half-blood is valid due to the
presumption in favor of marriage.
RELATIONSHIP BY AFFINITY (made through marriage): The only marriages by affinity
prohibited in the Family Code are marriages between stepparents and stepchildren and
parents-in-law and children-in-law. (May destroy the peacefulness in family relations)
Stepbrother and stepsister can marry each other since not included in
the prohibition.
*In the event that the marriage is annulled or nullified or in the event that the marriage is
terminated by death affinity is terminated and thus those that were prohibited due to
affinity can now marry each other. Unless there are living issues (children) in whom the
blood of the parties continue to commingle.
ADOPTIVE RELATIONSHIP:
Who they cannot marry:
Adopter
Adopted
The adopted
The adopter
The surviving spouse of the adopted
The surviving spouse of adopter
(Envisions that the marriage was
(Envisions that the marriage was
terminated due to death. But if the
terminated due to death. But if the
marriage was terminated after the finality
marriage was terminated after the finality
of a nullity or annulment decree then they of a nullity or annulment decree then they
can get married)
can get married)
Legitimate children of adopter
Other adopted children of the adopter
Who can they marry:
Adopter
Children of adopted
Natural parent
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Adopted
Parents of adopter
Illegitimate child of the adopter
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Other relatives
Spouse of adopted if alive and not
married to adopted
Other relatives
Spouse of adopter if alive and not married
to adopter
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VOIDABLE MARRIAGES: valid up to the point when they are annulled. These are the only grounds, which can be considered for annulment
(exclusive).
Article
Annotation
Exception/ Filing:
Article 45: Must exist at the time of
- The parents of the child can annul the
Party to file suit: Parent or guardian before the
marriage
marriage at any time prior to the time the child
child reaches 21 and the party who did not
1. That the party in whose behalf it is sought to reaches the age of 21.
obtain consent within 5 years after reaching
have the marriage annulled was eighteen
21.
years of age or over but below twenty-one, and Ratification: Through cohabitation after
the marriage was solemnized without the
reaching the age of 21 years old.
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
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NO RATIFICATION by cohabitation
Rule of triennial cohabitation: presumption of
impotence arises when wife remains a virgin
after 3 years from the time of marriage.
6. That either party was afflicted with a
sexually-transmissible disease found to be
serious and appears to be incurable
Art. 48: In all cases of annulment or
declaration of absolute nullity of marriage, the
Court shall order the prosecuting attorney or
fiscal assigned to it to appear on behalf of the
State to take steps to prevent collusion
between the parties and to take care that
evidence is not fabricated or suppressed
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-
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only.
-
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LEGAL SEPARATION: Does not affect the marital status of the couple, merely a separation of bed and board. (Exclusive list)
Violence Against Women and Children (VAWC RA 9262): includes spouse, girlfriends, and even one-night stands (level of intimacy). Men can file
on behalf of children. Many articles of VAWC encompass legal separation and if this is so the required cooling off period is no longer necessary.
Included as part of VAWC such as corruption (#3) included as violence, even psychological violence (bigamy, sexual infidelity).
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- The children included in VAWC are those under the care of the women even those of the respondents child from a previous marriage.
Article 55: Happens after marriage ceremony
Physical violence here is measured not by the
* Does not include a ground for legal
1. Repeated physical violence or grossly
severity but by the frequency. However if it is
separation when the respondent-spouse inflicts
abusive conduct directed against the
not repeated or is not physical violence it may
violence on his/her own child from a previous
petitioner, a common child, or a child of the
be considered as grossly abusive conduct.
marriage but may cause to suspend or
petitioner
terminate parental authority.
Grossly abusive conduct need not be repeated Art. 231 (1): Parental authority can be
but more of a serious act: rely on
suspended when the parent treats the child
proportionality and abusive conduct to what
with excessive harshness or cruelty
was committed.
- Continued indifference or aversion to
spouse and persistent neglect of
duties incident to marital relation, etc.
- Use of offensive and abusive language
with intent and fixed purpose of
causing unhappiness.
- Other acts of corruption, which do not
fall under prostitution.
2. Physical violence or moral pressure to
- There should be unity in the family and thus
*Enforce human rights through acceptance of
compel the petitioner to change religious or
the couple should learn to live with each
the others right
political affiliation
others political ideas.
3. Attempt of respondent to corrupt or induce
- The children here may or may not be
* Other forms of corruption can fall under grave
the petitioner, a common child, or a child of the emancipated.
abuse of conduct
petitioner, to engage in prostitution, or
- The corrupt act here refers to prostitution
connivance in such corruption or inducement
only, a mere attempt is enough the respondent
need not be successful at the corruption or
inducement.
- There is no cause of action when the child
involved is that of the respondent from another
marriage.
4. Final judgment sentencing the respondent
- The crime need not be against the other
to imprisonment of more than six years, even if spouse. It can be against anyone.
pardoned
- The fact that the crime had been pardoned
doesnt matter as long as there is a final
judgment.
5. Drug addiction or habitual alcoholism of the
- The extent and nature of such is the same, as
respondent
those in annulment cases but such grounds
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Art. 61: After the filing of the petition for legal separation,
the spouses shall be entitled to live separately from each
other
The court, in the absence of a written agreement between
the spouses, shall designate either of them or a third
person to administer the absolute community or conjugal
partnership property. The administrator appointed by the
court shall have the same powers and duties as those of a
guardian under the Rules of Court.
Art. 62: 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.
Art. 63: The decree of legal separation shall have the
following effects:
1. The spouses shall be entitled to live separately from
each other, but the marriage bonds shall not be severed;
2. 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, which
shall be forfeited in accordance with the provisions of
Article 43(2);
3. The custody of the minor children shall be awarded to
the innocent spouse, subject to the provisions of Article 213
of this Code; and
4. 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.
Art. 64: 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 beneficiary in any insurance
policy, even if such designation be stipulated as
irrevocable. The revocation of the donations shall be
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shall be filed with the court in the same proceeding for legal
separation, with copies of both furnished to the creditors
named therein. After due hearing, the court shall, in its
order, take measure to protect the interest of creditors and
such order shall be recorded in the proper registries of
properties.
The recording of the ordering in the registries of property
shall not prejudice any creditor not listed or not notified,
unless the debtor-spouse has sufficient separate properties
to satisfy the creditor's claim.
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
Art. 68: The husband and wife are obliged to
Reason: So couples wont abandon each other
live together, observe mutual love, respect and based on their whims and caprices
fidelity, and render mutual help and support.
- Procreation is also an essential marital
obligation.
- A court cannot compel the spouses to
live together, observe mutual love,
respect and fidelity.
RAPE:
1. Committed by a man against a woman who
shall have carnal knowledge of her through
force, intimidation or threat; when she is
deprived of reason or consciousness,
machinations or grave abuse of authority.
2. Even if none of the circumstances are
present if woman is below 12 or demented.
3. Any person who inserts any foreign object
into genital or anal orifice (rape can be
committed against a man)
4. Any person who inserts penis into oral or
anal orifice.
Art. 69: The husband and wife shall fix the
- The domicile of natural persons is the
family domicile. In case of disagreement, the
place of their habitual residence,
court shall decide.
where parties intend to have their
The court may exempt one spouse from living
permanent residence.
with the other if the latter should live abroad or
- In case of disagreement between the
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PROPERTY RELATIONS
Art. 74: The property relationship between
husband and wife shall be governed in the
following order:
1. By marriage settlements executed before
the marriage;
2. By the provisions of this Code; and
3. By the local custom.
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Article 80
Article 81
Effects on creditors
Marriage settlements
No marriage settlements:
Absolute community of
property.
DONATIONS
Art. 82: Donations by reason of marriage are
those, which are made before its celebration, in
consideration of the same, and in favor of one
or both of the future spouses.
Art. 83: These donations are governed by the
rules on ordinary donations established in Title
III of Book III of the Civil Code, insofar as they
are not modified by the following articles.
Art. 84: If the future spouses agree upon a
regime other than the absolute community of
property, they cannot donate to each other in
their marriage settlements more than one-fifth of
their present property. Any excess shall be
considered void.
Donations of future property shall be governed
by the provisions on testamentary succession
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Procedure--Movable:
1. Accepted personally or
representative
2. Made in lifetime of donor and
donee
3. Can be orally given as long as
with simultaneous delivery or
document representing right of
donated (if above 5000 then must
be in writing)
Procedure--Immovable:
1.must be in public document
2. Acceptance made in that
document or separate
3. Must be made in lifetime of donor.
DONATIONS EXCLUDED:
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Property Regime
Absolute
community of
property
Art. 88: The
absolute
community of
property between
spouses shall
commence at the
precise moment
that the marriage is
celebrated. Any
stipulation, express
or implied, for the
commencement of
the community
regime at any other
time shall be void
(Default regime if
nothing stipulate
exception:
subsequent
marriage after
death will
automatically be
CSP if there was no
proper liquidation of
the properties of
the previous
marriage)
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What included
All properties
owned before and
after.
Art. 91: Unless
otherwise provided
in this Chapter or in
the marriage
settlements, the
community
property shall
consist of all the
property owned by
the spouses at the
time of the
celebration of the
marriage or
acquired thereafter.
Art. 93: Property
acquired during the
marriage is
presumed to
belong to the
community, unless
it is proved that it is
one of those
excluded
therefrom.
What excluded
Article 92:
1.provided in marriage
settlement
2. Personal and exclusive
use of either spouse
(except jewelry)
- However if exclusive
property is used to
purchase something else
such property becomes
part of ACP
1.Property acquired by
gratuitous title including
the fruits and income
UNLESS the guarantor
expressly said they will
form part of ACP
- Must be a valid donation
(cant be donation made
by one spouse to
another)
2.Property acquired by
either spouse who has
legitimate descendants
and the fruits of that
property
*Winnings from gambling
(losses borne by looser)
Notes
Art. 89: No waiver of rights,
shares and effects of the
absolute community of
property during the
marriage can be made
except in case of judicial
separation of property.
When the waiver takes
place upon a judicial
separation of property, or
after the marriage has been
dissolved or annulled, the
same shall appear in a
public instrument and shall
be recorded as provided in
Article 77. The creditors of
the spouse who made such
waiver may petition the
court to rescind the waiver
to the extent of the amount
sufficient to cover the
amount of their credits.
* No waiver of rights,
interests, shares, and
effects without judicial
separation or dissolution or
annulment of marriage
shall appear in a public
instrument (creditors may
rescind waiver up to extent
Charges
Article 94:
1. Support (spouses,
common & legitimate
children)
- Even beyond age of
majority
2. Debts & obligations
made by both,
administrator, or with
consent of other spouse
(even if did not redound)
3. D & O without consent
but redounded.
4. Expenses for
community property
(taxes, liens, charges)
5. Taxes & expenses for
preservation during
marriage of separate
property used by family
6. Expenses for selfimprovement or
profession.
7. Antenuptial debts
redounding to family
8. Donation made by both
spouses for children to
pursue vocation or selfimprovement
9. For illegitimate children,
fines for crimes/quasi
Liquidation process
Termination:
Art. 97: Either
spouse may dispose
by will of his or her
interest in the
community property.
Art. 98: Neither
spouse may donate
any community
property without the
consent of the other.
However, either
spouse may, without
the consent of the
other, make
moderate donations
from the community
property for charity or
on occasions of
family rejoicing or
family distress
Article 99:
1. Death
- Same proceeding
as settlement of
estate.
Spouse shall liquidate
property if no judicial
settlement
proceeding within 1
50
of the debt)
Art. 90: The
provisions on coownership shall
apply to the
absolute
community of
property between
the spouses in all
matters not
provided for in this
Chapter.
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delict in case of
insufficiency. (Advances)
10. Expenses for litigation
* Solidary liability does not
include ante-nuptial debts
not redounding, support of
illegitimate, liabilities thru
crime/delict.
Art. 95: Whatever may be
lost during the marriage in
any game of chance,
betting, sweepstakes, or
any other kind of
gambling, whether
permitted or prohibited by
law, shall be borne by the
loser and shall not be
charged to the community
but any winnings
therefrom shall form part
of the community property.
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ACP
SEPARATION IN FACT:
Art. 100: The separation in fact between
husband and wife shall not affect the regime of
absolute community except that:
1.The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall
not have the right to be supported;
2.When the consent of one spouse to any
transaction of the other is required by law,
judicial authorization shall be obtained in a
summary proceeding;
3. In the absence of sufficient community
property, the separate property of both spouses
shall be solidarily liable for the support of the
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ACP
Conjugal
Partnership of
Gains:
Art. 105: In case
the future spouses
agree in the
marriage
settlements that the
regime of conjugal
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Article 121:
1.support of spouse
common and legitimate
children
2.D&O by admin, both or
either spouse with consent
of other.
3.D&O without consent of
other but redounding.
Termination:
Article 126:
1.Death
2.Legal Separation
3. Annulled or
declared void.
4.Judicial Separation
Article 127 and 128:
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partnership gains
shall govern their
property relations
during marriage,
the provisions in
this Chapter shall
be of
supplementary
application.
The provisions of
this Chapter shall
also apply to
conjugal
partnerships of
gains already
established
between spouses
before the
effectivity of this
Code, without
prejudice to vested
rights already
acquired in
accordance with
the Civil Code or
other laws, as
provided in Article
256.
Presumption is that
all property
acquired during
marriage even if in
the name of one
spouse is conjugal
unless otherwise
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from ACP)
- Annuity: retirement
on an annuity
(received as a matter
of right)
-Pension: serious
previously rendered
for which full and
adequate
compensation was
not received at the
time.
Article 117:
1. Acquired by
onerous title using
common funds.
2. Obtained by labor
or industry or work
3. Fruits, natural,
industrial, or civil due
received during
marriage from
common prop
- Net fruits of
exclusive property
BUT personal
damages are not
conjugal.
4. Share in hidden
treasure
5. Fishing and
hunting
6. Excess livestock
(those brought in to
the marriage by one
will reimbursed
7. Acquired by
services rendered)
3. Acquired by right of
redemption, barter,
exchange
- Even if money used
to redeem is conjugal
(reimbursement)
4. Bought with
exclusive money of
either spouse.
*Onerous donations
*Designated share in
donation
*Gratuity (amount
given by gobs for
previous work)
Art. 110: The spouses
retain the ownership,
possession,
administration and
enjoyment of their
exclusive properties.
Either spouse may,
during the marriage,
transfer the
administration of his or
her exclusive property
to the other by means
of a public instrument,
which shall be
recorded in the
registry of property of
the place the property
is located.
-Provisions on
separation in fact and
abandonment has the
same application as
in ACP article 100
and 101.
Procedure:
Article 129:
1.Inventory of
separate and
conjugal prop
2.Payment of
advances
3.Reimbursement to
the spouses.
4.D&O paid out by
CPG, insufficiency
solidarily liable.
5.exclusive prop
delivered
6.loss or deterioration
of movables paid
from CPG
7.Net remainder to be
divided (unless MS
or waiver)
8.Delivery of
presumptive legitimes
9.Conjugal dwelling
Article 130: in case of
death the liquidation
proceeding will be in
the same proceeding
as the settlement of
the estate of the
deceased. (Same
54
provided.
chance
Property bought before
but title registered after
marriage: still considered
exclusive property even if
spouse is made co-owner
in title (considered a trust)
Separate property plus
conjugal funds to buy a
new property: new
property will be considered
conjugal.
Property bought on
installment partly from
exclusive and partly
from conjugal: when title
was vested will govern,
then reimburse (Art. 119)
Principal payments and
interest paid to a spouse
during marriage: principal
amt is exclusive while
interest is conjugal.
CPG
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marriage
-Support of illegitimate
*Subject to reimbursement
(ACP no need to pay out all
charges first)
Article 120
1.If improvement made by
cp is more than value of the
property, entire property will
be conjugal reimburse
spouse.
2. If amount is not more than
it will still be separate
property subject to
reimbursement to CPG.
(Ownership will vest upon
reimbursement)
application as in ACP
article 103)
Art. 133: From the
common mass of
property support shall
be given to the
surviving spouse and
to the children during
the liquidation of the
inventoried property
and until what
belongs to them is
delivered; but from
this shall be deducted
that amount received
for support which
exceeds the fruits or
rents pertaining to
them.
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CPG
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CPG
Separation of
property
Art. 134: In the
absence of an
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it divided).
- Any alienation made by either spouse without the
consent of the other is invalid.
- In case the husband disposes of property over
the objection of the wife, the wife may file a case
to annul the entire contract or part of it.
Revival:
Article 141:
1.termination of civil
interdiction
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express declaration
in the marriage
settlements, the
separation of
property between
spouses during the
marriage shall not
take place except
by judicial order.
Such judicial
separation of
property may either
be voluntary or for
sufficient cause.
(Can be stipulated
in MS which shall
govern and FC will
only be
supplementary in
nature, in the
absence therein it
cannot take place
during the marriage
except by judicial
order)
-May refer to
present or future
property or both
-May be partial or
total
-Those not agreed
as separate will be
ACP
Marriage without
unions (governs
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2.Absentee
reappears
3.court satisfied that
administration will not
be again abused
4.Resumption of
common life with
other spouse
5.parental authority
restored
6.reconciliation of
those separated in
fact
7.For those who
voluntarily separated
property, agree to
revive former
property regime (but
after that cant
separate property
anymore)
- Art. 67 revival:
Agreement under
oath will state:
1.properties to be
contributed
2.those to be retained
as separate
3.names of known
creditors
Requisites:
1.Capacitated to marry each other
58
void marriages)
Marriage without
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unions (governs
void marriages)
Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of insolvency
- Administration is joint by both spouses, husbands decision will prevail subject to recourse by the wife within 5 years from the contract
implementing the decision. Contract will be a continuing offer upon acceptance by other spouse or court order.
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Exception to earnest
efforts:
- Earnest effort is not
required if included in the
suit between family
members is a stranger
not of the same family.
- Does not apply to
cases, which may not be
compromised.
- Does not apply to
settlement of estate
guardianship, custody of
children, and habeas
corpus
* Exemption from
execution is not absolute
as it is subject to certain
limitation such as
indebtedness in certain
instances (to be
discussed in the next
articles)
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evaluation.
For purposes of this Article, urban areas are deemed to
include chartered cities and municipalities whose annual
income at least equals that legally required for chartered
cities. All others are deemed to be rural areas.
Art. 158: The family home may be sold, alienated,
donated, assigned or encumbered by the owner or
owners thereof with the written consent of the person
constituting the same, the latter's spouse, and a majority
of the beneficiaries of legal age. In case of conflict, the
court shall decide
Art. 159: The family home shall continue despite the
death of one or both spouses or of the unmarried head
of the family for a period of ten years or for as long as
there is a minor beneficiary, and the heirs cannot
partition the same unless the court finds compelling
reasons therefor. This rule shall apply regardless of
whoever owns the property or constituted the family
home.
Art. 160: When a creditor whose claims is not among
those mentioned in Article 155 obtains a judgment in his
favor, and he has reasonable grounds to believe that the
family home is actually worth more than the maximum
amount fixed in Article 157, he may apply to the court
which rendered the judgment for an order directing the
sale of the property under execution. The court shall so
order if it finds that the actual value of the family home
exceeds the maximum amount allowed by law as of the
time of its constitution. If the increased actual value
exceeds the maximum allowed in Article 157 and results
from subsequent voluntary improvements introduced by
the person or persons constituting the family home, by
the owner or owners of the property, or by any of the
beneficiaries, the same rule and procedure shall apply.
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ILLEGITIMATE
Children born or conceived outside a valid
marriage or in a void marriage unless
otherwise provided
NOTES
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be accepted.
- Sexual intercourse is presumed between spouses during
their marriage.
IN CASE OF 2 MARRIAGES:
- If child is born within 180 days after the second
marriage and within 300 days after the termination
of the first marriage the child shall be considered to
have been conceived of the first marriage unless
other proof is given.
- If the child is born after 180 days after the second
marriage the child shall be considered to have
been conceived of the second marriage unless
other proof is given.
*But either way the child is still legitimate.
- If there is no subsequent marriage after 300 days after the
termination of the marriage there is no presumption and
thus convincing proof is necessary.
Prescription for impugning the legitimacy of the child
1. Within one year from the knowledge of the birth or
its recording if husband resides in city where birth
took place or recorded.
2. Within 2 years, if the husband lives elsewhere in
the Philippines.
3. Within 3 years, if he lives abroad
4. If the birth of the child has been concealed,
prescription will begin from the discovery or
knowledge of birth of child or the fact of registration
of the birth (whichever is earlier).
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SUPPORT
Art. 194: Support comprises everything
indispensable for sustenance, dwelling, clothing,
medical attendance, education and
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1. Spouses
2. Legitimate ascendant and descendants
3. Parents and their legitimate children and their
illegitimate/legitimate grandchildren
4. Parents and their illegitimate children and their
illegitimate/legitimate grandchildren
5. Legitimate brothers and sisters whether whole or
half blood
6. Brothers and sisters not legitimately related are
also obliged to support unless if he/she is of age
and is due to claimants fault or negligence no
support.
- A child inside a womb is already considered born thus
entitled to all benefits that accrue to him/her provided that
the child is born after.
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Demanding support
Demandable from the time person who has the
right to receive it needs it (need for support is
not presumed, must be established).
No support given without judicial or
extrajudicial demand. (Made within the first 5
years of every month)
Demand is essential shows manifestation of
needs.
72
PARENTAL AUTHORITY
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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.
Art. 217: In case of foundlings, abandoned
neglected or abused children and other children
similarly situated, parental authority shall be
entrusted in summary judicial proceedings to
heads of children's homes, orphanages and similar
institutions duly accredited by the proper
government agency.
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*parental authority is
automatically reinstated upon
service of sentence or pardon.
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Summary proceedings:
- claims for damages by either spouse must be done in a separate action.
- Preliminary conference: done by judge with the parties w/o counsel. But if the court deems it necessary, they can be assisted by counsel
after.
- Decisions become final and executory immediately (no more lapse of 15 days etc) however aggrieved party can still appeal to higher
courts on the basis of denial of due process.
Family courts:
- shall establish family courts in every province and city. If the city is the capital of the province then in the municipality with the highest
number of people.
Jurisdiction over:
1. criminal cases of those 9-18 years of age (but all cases concerning determination of age still with family courts)
2. petitions for guardianship, custody, habeas corpus
3. adoption and revocation thereof
4. annulment, nullity, relating to marital status, property relations, dissolution of CPG
5. support and acknowledgment
6. summary judicial proceedings
7. declaration of status of children, commitment of children, suspension termination or restoration of parental authority.
8. Constitution of family home
9. Cases against minors (dangerous drugs act)
10. Violations of 7610
11. Violations against VAWC (unless becomes criminal in which case offender will be subject to criminal proceedings)
*if any become an incident to a case pending in the regular courts it shall be decided there.
Funerals:
- same arrangement established for support (spouses, descendants then ascendants in the nearest degree, brothers and sisters above 21)
Brothers and sisters or descendants oldest are preferred, ascendants paternal is preferred.
- In keeping with the social position of the deceased, and in accordance to the expressed wishes of the deceased, in the absence religious
beliefs, in case of doubt shall be decided upon by the person making the arrangements after consultation with the family.
- Human remains cant be disposed or exhumed without the consent of the persons in arrangement.
- A person who allows disrespect to the dead will be liable to the family for moral and material damages.
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Mausoleum or a tomb is part of funeral expenses, which shall be chargeable to the property regime if the spouse is making arrangements.
USE OF SURNAMES
Art. 364: Legitimate and legitimated children shall
principally use the surname of the father.
Art. 365: An adopted child shall bear the surname
of the adopter.
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84
surname or
3. Her husband's full name, but prefixing a word
indicating that she is his wife, such as "Mrs."
In case of annulment:
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authority
Reasons for change in surname:
1. ridiculous name
2. change of civil status
3. to avoid confusion
*laws do not permit a legitimate child of another to adopt
the surname of another person even if that person is
exercising parental authority. But if it is an illegitimate
child, change of surname is permitted
- change of name does not alter family relations,
rights or duties, legal capacity, civil status or
citizenship.
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Termination of
administration
Presumption of death
through absence
Presumption of death in
dangerous situations
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7. Comes from a country that the Philippines has diplomatic ties with. (Philippine maintains authorized and accredited agency, adoption is
allowed under his or her laws)
- To be filed with the RTC or the board through an agency.
Matching: Judicious pairing of the applicant and the child to promote a mentally satisfying parent-child relationship.
- No matching arrangement between applicant and parents before the committees proposal unless it is relative or it is for the childs best
interest.
- Applicant must fetch child within 30 days after notice of issuance of visa.
Trial custody: 6 months with submission of progress reports before adoption decree becomes final.
- If pre-adoptive relationship is unsatisfactory, it will be terminated and Board may choose from roster of applicants a qualified family,
absence the foreign agency may propose.
Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements with countries of the foreign
adoption agencies.
Illegal Adoption (presumed):
1. Consent for adoption acquired through or attended by force, coercion, etc.
2. No authority from board
3. Procedures and safeguards not complied with
4. Child exposed to danger, abuse and exploitation
- Attempt to commit offense punishable
- Acts punishable above considered child trafficking
RA 7610: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.
- State shall intervene when person who is supposed to protect a child cannot or if those acts are being committed by the parent against the
child.
Children 18 years or below or those above 18 but are unable to protect themselves from exploitation/discrimination due to physical or mental
disability.
Child Abuse: habitual or non-habitual maltreatment
1. Psychological or physical abuse (neglect, cruelty emotional maltreatment, sexual abuse)
2. Acts by deeds or words, which degrades or demeans intrinsic worth or human dignity of child.
3. Unreasonable deprivation of basic needs
4. Failure to give immediate medical treatment when needed.
Circumstances, which gravely threaten or endanger survival and normal development:
1. Living in an area affected by armed conflict
2. Working under conditions hazardous to life, safety, morals
3. Living or fending for themselves without the care of anyone
4. Living in an area lacking basic services (indigenous cultural community, extreme poverty, underdeveloped area)
5. Victim of calamity
6. Analogous situations.
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Child prostitution and other sexual acts/abuse: For any consideration or through coercion or influence indulge in sexual acts.
Attempt to commit: Any person who is in a secluded area with a child and such person is not a relative.
Child trafficking: trading, dealing, buying, and selling of children
Attempt to commit: Child travels alone to foreign country without reason or clearance form DSWS, pregnant women consents to adoption
for a consideration, establishment which recruits women to bear children. Person engaged in finding children from low-income families.
Obscene publications and indecent shows: perform obscene exhibitions in shows, video or model and sells/distributes this.
Other acts of abuse: use coercion, force or intimidation to make a child beg, traffic drugs, or conduct other illegal activities
- Establishments where these acts are done will be closed and their license to operate will be canceled.
Working Children: below 15 years of age can work provided:
1. Work permit from DOLE
2. Employer shall ensure protection, health, safety, morals
3. Prevent exploitation or discrimination
4. Continuous training of child
- Cant employ child in commercials for alcohol, tobacco, violence
Children of Indigenous Cultural Communities:
- Institute an alternative education for children which is culture specific and relevant to their needs
- Delivery of basic social services.
Situations of Armed Conflict:
- Policy of state to resolve such for best interest of children
1. Shall not be object of attack; entitled to special respect
2. Not recruited in army
3. Delivery of basic social services
4. Public infrastructures (schools, hospitals) not to be used
5. Facilitate reunion of families
Children arrested for reasons of armed conflict:
1. Separate detention cells from adults unless they are family.
2. Immediate free legal assistance
3. Immediate notice to parents
4. Release within 24 hours to DSWD or other
Who may file: offended parents/ guardians, ascendants, relative within the 3 rd degree of consanguinity social worker of DSWS or other,
Barangay chairman, 3 citizens of the place where it occurred.
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Article 87
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2. Article 44: When both spouses acted with bad faith then all donations and testamentary dispositions shall be revoked.
3. Article 64: (Legal separation) the offending spouse will be disqualified from inheriting from innocent spouse in intestate succession,
provisions in favor of the offending spouse in the will of the innocent spouse shall be revoked by operation of law.
4. Article 81: Donations and other stipulations made in the marriage settlement by reason of marriage shall be revoked by operation of law
is marriage is not celebrated
5. Article 87: Donations between husband and wife (direct or indirect), or those who cohabit = void
a. Even if made by both spouses for a purpose other than vocational or professional.
6. Donations given to one by another when they have committed adultery or concubinage is void and revoked by operation of law.
CHILDREN:
Rights under title 12 of civil code
1. entitled to parental care
2. receive at least elementary education
3. moral and civic training
4. live in an atmosphere conducive to his physical, moral and intellectual development
duties of the child
1. obey and honor his parents or guardian
2. respect his grandparents, old relatives and those with substitute parental authority.
3. Exert his utmost for his education and training.
4. Cooperate with the family
Legitimate
Those conceived in the 15-day period prior to the finality of the
decree of annulment.
Conceived or born before a voidable marriage is terminated
Children conceived or born in a void marriage pursuant to article
40, 52, and 53
Children conceived or born in a void marriage because of
psychological incapacity
*but if child was conceived and born prior to the marriage, marriage
does not make child legitimate
Children conceived and born prior to the marriage if there are no
legal impediments at that time then the subsequent marriage will
make them legitimate.
Illegitimate
Children born in a valid marriage but is impugned by the
father
Children conceived or born in a void marriage
Cannot be legitimated: when from an adulterous
relationship or bigamous marriage.
D. Sobrepea
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1. children and descendants of he person disinherited shall take his place and shall preserve rights of compulsory heirs with respect to
legitime.
i. Article. 919: following shall be sufficient causes for disinheritance of children, descendants
1. Child or descendant has been found guilty of an attempt against the life of the testator his or her spouse,
descendants or ascendants.
2. When the child, descendant has accused the testator of a crime, which the law prescribes imprisonment for 6
years or more, if it is found to be groundless.
3. When a child or d has been convicted with adultery or concubinage with the spouse of the testator.
4. When a child or d by fraud, violence, intimidation, or undue influence causes the testator to make a will or change
one he has already made.
5. A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant
6. Maltreatment of the testator by word or deed by the child or d
7. Child or descendant leads a dishonorable or disgraceful life
8. Conviction of a crime with civil interdiction
ii. Article 920: following shall be sufficient causes for disinheritance of parents or ascendants, whether legitimate or
illegitimate
1. When parents have abandoned their children, induced their daughters to live corrupt or immoral life, or attempted
against their virtue
2. Parent or ascendant has been convicted of an attempt against the life of the testator his or her spouse,
descendants or ascendants.
3. Accused testator of a crime
4. Parent or ascendant convicted of concubinage with spouse of testator
5. Parent or ascendant by fraud, violence, undue influence causes new will or change will
6. Loss of parental authority
7. Refusal to support children or descendants without justifiable cause.
8. Attempt of one of the parents against the life of the other, unless there has been reconciliation
iii. Article 921: disinheriting a spouse
1. Spouse convicted of attempt against..
2. Spouse accused testator of crime
3. Spouse by fraud, intimidation
4. Spouse has given cause for legal separation
5. When the spouse has given grounds for loss of parental authority.
6. Unjustifiable refusal to support the children or other spouse
2. When parent is incapacitated to succeed one due to unworthiness:
i. Art. 1032: unworthiness
1. Parents abandoned their children, or induced their daughters to live a corrupt or immoral life, attempted against
her virtue
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95
2. Convicted of an attempt against the life of the testator, his spouse, or descendants or ascendants.
3. Accused of a crime
4. Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer
within a month unless authorities have already taken action. (not applicable wherein law there is no obligation to
make an accusation.
5. Person convicted or adultery or concubinage with the spouse of the testator
6. Cause testator to make or change will
7. By same means, prevents one from making will, revoking will, or concealing will
8. Falsifies or forges will of decedent
b. Incapable of succeeding
i. Art. 1027: the following are incapable of succeeding
1. Priest etc who hear confession of testator during his last illness or minister who extended spiritual aid to him
2. Relatives of 1 within the fourth degree, the church or institution to which such minister may belong
3. Those made to a guardian by his ward before the final accounts have been approved unless guardian is
ascendant, descendant, brother or sister or spouse
4. Any attesting witness to the execution of a will, the spouse, parents or children or an one claiming under such
witness, spouse, parents or children.
5. Physician, surgeon, nurse, etc who took care of testator during last illness
6. Individuals, associations, corporations not permitted by law to inherit.
Abandonment: he or she has left the conjugal dwelling without intention of returning. A spouse who has left the conjugal dwelling for a period of 3
months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no
intention of returning to the conjugal dwelling. (physical, financial and moral desertion)
- spouse can seek for receivership, judicial separation of property, and sole administration
- abandonment for more than one year can lead to legal separation
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96
Deadlines:
Article
Article 30
Article 38
Article 47
*If ratified then can no longer
be annulled.
Article 47
Article 47
Article 47
Article 47
Article 47
Article 50-51
Article 57
Article 58
Article 61
Article 61
Article 64
Article 182
D. Sobrepea
Contents
Marriage certificate with affidavit for marriages in
articulo mortis or remote residence
Action or defense for absolute nullity (anyone can file)
Deadlines/prescriptions
Within 30 days after the performance of the
marriage
Does not prescribe
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