PERSONS AND FAMILY RELATIONS

NEW CIVIL CODE

Took effect on August 30, 1950
EFFECTIVITY OF LAWS
GEN. RULE: Laws take effect 15
days following the completion of its
publication
EXCEPTION:
Unless
otherwise
provided by the law. This refers to
the 15 day period and NOT to the
requirement of publication. (Tanada
vs. Tuvera)
NOTES:
Where a law provides for its own
effectivity
or
upon
approval,
publication in the Official Gazette is
not necessary, unless the law has
the force and effect of law and not
punitive in character.
People vs. Que Po Lay, L-6791, March
29, 1954
Facts: Po Lay was accused of violating
Circular No. 20 of the Central Bank
compelling those who had foreign
currency to sell the same to the Central
Bank. Po Lay alleged that as the
circular had not yet been published in
the Official Gazette before he committed
the act, the circular should have no
effect on his act and that, therefore, he
should be acquitted.
Held: Po Lay is correct for the circular
has the force of law, and should have
been published. Moreover, as a rule,
circulars which prescribe a penalty for
their violation should be published
before becoming effective.
This is

based on the general principle and

theory that before the public is bound by
its contents, especially its penal
provisions, a law, regulation, or circular
must first be published, and the people
officially and specifically informed of
said contents and the penalties for
violation thereof.
Administrative rules and regulations
must also be published if their
purpose is to enforce or implement
existing laws pursuant to a valid
delegation. The publication must be
in full since its purpose is to inform
the public of the contents of the law.
(Phil. Intl Trading Corp. vs. Angeles)
IGNORANCE OF THE LAW
EXCUSES NO ONE
Considered
a
CONCLUSIVE
presumption and applies only to
mandatory and prohibitory laws, and
not to permissive or suppletory laws.
When we say ignorance of the law,
we refer not only to the literal words
of the law itself, but also to the
meaning or interpretation given to
said law by our courts of justice.
While ignorance of the law is no
excuse for not complying with the
law, ignorance of the fact eliminates
criminal intent as long as there is no
negligence.
Ignorance of foreign law is not
ignorance of the law, but ignorance
of the fact because foreign laws
must be alleged and proved as
matters of fact, there being no
judicial notice of said foreign laws. If
the foreign law is not properly
alleged and proved, the presumption
is that it is the same as our law.
Be it noted that the foreign law must
be proved as a fact unless the court

already actually knows what it is,

either because it is already generally
known, or because it has been so
ruled in other cases before it, and
there is no claim to the contrary.
Ocampo vs. Judge Arcaya-Chua, 619
SCRA 59 (2010)
Facts: Judge Arcaya-Chua issued a
TPO in favour of petitioner Albert Tan.
Since a TPO cannot be issued in favour
of a man against his wife, the judge was
found guilty of gross ignorance of the
law. Is the judge guilty as charged?
Held: Yes. Judge Arcaya-Chua is guilty
of gross ignorance of the law. Under
RA 9262, otherwise known as the AntiViolence Against Women and Their
Children Act of 2004, a TPO cannot be
issued in favour of a man against his
wife.
BAR
Is there any difference in their legal
effect between ignorance of the law
and ignorance as mistake of fact?
Ans.: Yes, there is a difference. While
ignorance of the law is not an excuse for
not complying with it, it ignorance of fact
eliminates criminal intent as long as
there is no negligence. In addition,
mistake on a doubtful or difficult
questions of law may be the basis of
good faith (Art. 526, CC). Mistake of
fact may, furthermore, vitiate consent in
a contract and make it voidable. (Art.
1390, CC).
NON-RETROACTIVITY OF LAWS
GEN. RULE: Laws have no retroactive
effect.

EXCEPTIONS: (UCIPELT)
1. Unless the law otherwise provides;
2. Curative statutes;
3. Interpretative statutes;
4. Procedural/remedial;
5. Emergency laws;
6. Laws creating new rights;
7. Tax laws.
EXCEPTIONS TO THE EXCEPTIONS:
1. Ex post facto laws; and
2. Laws that impair obligation
contracts

of

MANDATORY AND PROHIBITORY

LAWS
GEN. RULE: Acts executed against the
provisions of mandatory or prohibitory
laws shall be void.
EXCEPTIONS:
1. When the law makes the act not void
but merely voidable at the instance
of the victim (Ex. Although consent of
the parties is essential for a valid
marriage, still if that consent is
vitiated by intimidation or fraud, the
marriage is not null and void, but
only voidable);
2. When the law makes the act valid,
but subjects the wrong-doer to
criminal responsibility (Ex. A widow
must wait for 300 days before she
can remarry. If she violates this and
she marries again, the marriage is
valid as long as she was able to
obtain a marriage license without
prejudice to her criminal liability. Had
she married without the requisite
marriage license, the marriage would
be void under the law);
3. When the law makes the act itself
void, but recognizes some legal
effects flowing therefrom (Ex. A

brother cannot marry his sister, and

therefore, any child they would have
would be illegitimate. If however,
they marry first before having the
child, the child would be legitimate if
the child is conceived or born before
the judgment declaring the marriage
void becomes final and executor);
4. When the law itself makes certain
acts valid although generally they
would have been void (Ex. The jaialai, or the horse races or the
sweepstakes, including lotto, on the
part at least of the spectators, or
purchasers, is a game of change, but
the law itself allows gambling on the
results therein).

NOTE: A stipulation requiring the

recipient of a scholarship grant to waive
his right to transfer to another school,
unless he refunds the equivalent of his
scholarship in cash is null and void. The
school
concerned
obviously
understands scholarship awards as a
business scheme designed to increase
the business potential of an educational
institution. Thus, conceived, it is not only
inconsistent with sound policy, but also
with good morals. (Cui vs. Arellano
University)
HOW LAWS ARE REPEALED
GEN. RULE: Laws are repealed only by
subsequent ones.

WAIVER OF RIGHTS
GEN. RULE: Rights can be waived.
EXCEPTIONS:
1. If the waiver is contrary to law, public
order, public policy, morals or good
customs.
2. If the waiver is prejudicial to a third
party with a right recognized by law.
Requisites for a Valid Waiver
1. The person waiving must be
capacitated to make the waiver.
2. The waiver must be made clearly,
but not necessarily express.
3. The person waiving must actually
have the right which he is
renouncing.
4. The waiver must comply with the
formalities of a donation.
5. The waiver must not be contrary to
law, morals, public policy, public
order or good customs.
6. The waiver must not prejudice others
with a right recognized by law.

Laws are repealed (1) expressly or;

(2) impliedly (insofar as there are
inconsistencies between a prior and
a subsequent law).
Implied repeals are not looked upon
with favour.
Therefore, if both
statutes can stand together, there is
no repeal.
Disuse, custom, or practice to the
contrary does not repeal a law.
In case of conflict between a general
and a special law, the following rules
must be observed:
a) If the general law was enacted
prior to the special law, the latter
is considered the exception to the
general law.
Therefore, the
general law, in general, remains
good law, and there is no repeal,
except insofar as the exception or
special law is concerned.
b) If the general law was enacted
after the special law, the special
law remains, unless:
- There
is
an
express
declaration to the contrary;

There is a clear, necessary

and unreconcilable conflict; or
The subsequent general law
covers the whole subject and
is clearly intended to replace
the special law on the matter.

Operative Fact Doctrine

This is when a legislative or
executive act, prior to its being
declared as unconstitutional by the
courts, is valid and must be complied
with.
JUDICIAL DECISIONS
While it is true that decisions which
apply or interpret the Constitution or
the laws are part of the legal system
of the Philippines, still they are NOT
laws.
Judicial decisions, though not law,
are evidence, however, of what the
laws mean, and this is why they are
part of the legal system of the
Philippines.
Judicial decisions may be abrogated
by (1) a contrary ruling by the
Supreme Court itself; and (2) by
corrective
legislative
acts
of
Congress.
Congress cannot,
however, alter a Supreme Court
interpretation of a constitutional
provision, for this would be an
unwarranted assumption of judicial
power.
While it is true that the trial court
cannot change, amplify, enlarge,
alter, or modify the decision of an
appellate court which is final and
executor, still two important things
must be pointed out:
1) A judgment void for lack of
jurisdiction over the subject
matter can be assailed at any
time either directly or collaterally;

2) It is now well-settled in this

jurisdiction that when after
judgment has been rendered and
the latter has become final, facts
and
circumstances
transpire
which render its execution
impossible and unjust, the
interested party may ask the
court to modify or alter the
judgment to harmonize the same
with justice and with the facts.
Doctrine of Stare Decisis
States that once a case has been
decided one way, then another case,
involving exactly the same point at
issue, should be decided in the same
manner.
The principle of stare
decisis does not and should not
apply when there is a conflict
between the precedent and he law.
Obiter Dicta
Are opinions not necessary to the
determination of a case. They are
not binding, and cannot have the
force of judicial precedents.
DUTY OF THE COURT
The judge may apply any rule he
desires as long as the rule chosen is
in harmony with general interest,
order, morals, and public policy.
Among such rules may be the
following:
1. Customs which are not contrary
to law, public order and public
policy;
2. Decisions of foreign and local
courts on similar cases;
3. Opinions of highly qualified
writers and professors;
4. Rules of statutory construction;
5. Principles laid down in analogous
instances.

X. INTERPRETATION OF THE LAW

Dura Lex Sed Lex The law may
be harsh, but it is still the law.
Hence, the first duty of the judge is
to apply the law whether it wise or
not, whether just or unjust provided
that the law is clear, and there is no
doubt.

of 24 hours; and nights from sunset

to sunrise.
If months are designated by their
name, they shall be computed by the
number of days which they
respectively have.
In computing a period, the first day
shall be excluded and the last day
included.

CUSTOMS

LAWS APPLICABLE

Requisites before the Courts can

consider Customs

1. Penal laws and laws of public

security and safety (Art. 14)

1. A custom must be proved as a fact,

according to the rules of evidence;
2. The custom must not be contrary to
law, public order, or public policy;
3. There must be a number of repeated
acts;
4. The repeated acts must have been
uniformly performed;
5. There must be a juridical intention to
make a rule of social conduct;
6. There must be a sufficient lapse of
time.

Territoriality rule governs

Laws of the Philippines will
govern upon ALL those who live
or sojourn in it

NOTES:
A custom must be proved as a fact,
according to the Rules of Evidence.
There is a presumption that a person
acts according to the custom of the
place.
A custom is presumed not to exist
when those who should know, do not
know of its existence.
COMPUTATION OF PERIOD
GEN. RULES:
When the laws speak of years,
months, days or nights, it shall be
understood that years are of 365
days each; months of 30 days; days

EXCEPTIONS: Principles of public

international law; and presence of
treaty stipulations.
2. Laws relating to family rights and
duties, or to the status, condition
and legal capacity of persons (Art.
15)
Nationality rule applies
Laws of the Philippines will
govern its citizens, regardless of
their residence
EXCEPTION: When a marriage
between a Filipino citizen and a
foreigner is validly celebrated and a
divorce is thereafter validly obtained
abroad by the alien spouse
capacitating him or her to remarry,
the Filipino spouse shall likewise
have the capacity to remarry under
Philippine law. (Article 26, par. 2 of
the Family Code)

3. Laws on property (Art. 16)

Lex rei sitae applies
Real property, as well as personal
property is subject to the law of
the country where it is situated
EXCEPTIONS:
Intestate
and
testamentary successions both with
respect to the order of succession,
amount of successional rights, and
to
the
intrinsic
validity
of
testamentary provisions and the
capacity to succeed, shall be
regulated by the national law of the
person whose succession is under
consideration, whatever may be the
nature of the property and regardless
of the country wherein said property
may be found.
4. Laws on forms and solemnities
Lex loci celebrationis applies
Forms
and
solemnities
of
contracts, wills, and other public
instruments, the laws of the
country in which they are
executed will govern.
EXCEPTIONS:
1. Formalities for the acquisition,
encumbering, and alienation of
property
(whether
real
or
personal), shall however, be
governed by the lex rei sitae;
2. Where the act is done abroad,
still if executed before the
Philippine
diplomatic
and
consular officials, the solemnities
of Philippine laws shall be
observed. The theory is that the
act is being done within an
extension of Philippine territory
(the principle of exterritoriality).

3. Where a foreign law, contract, or

judgment cannot be given effect
by reason that public policy in the
Philippines prohibits the same
(Ex: An absolute divorce granted
Filipinos abroad, even if valid
where
given,
cannot
be
recognized in the Philippines
inasmuch as under the Civil
Code,
absolute
divorce
is
prohibited).
4. Where the intrinsic validity
provides for the law that should
govern the contract.
The
prevailing rule in the Private
International Law today is to
consider the lex loci voluntatis
(the law of the place voluntarily
selected) or the lex loci
intentionis (the law of the place
intended by the parties to the
contract).
Rules on Personal Law
DOMICILIARY
RULE
Basis
for
determining
personal law of an
individual is his
domicile
LEX
NATIONALII

Art.
15,
CC
Citizenshi
p
determine
s
the
applicable
law

NATIONALITY
RULE
Basis
for
determining
personal law of an
individual is his
citizenship

LEX REI
SITAE

LEX LOCI
CELEBRATIONIS

Art. 16, CC

Art. 17, CC

Law of the
place
where the
property is
situated
determines
the

Law of the
place where
the contract
was
executed
determines
the

applicable
law
Covers both
real
&
& personal
property

Covers
family
rights
duties,
status,
condition
&
legal
capacity
Exception
s Art. 26,
par. 2 of
the Family
Code

Exceptions
Intestate
and
testamentar
y
successions
both
with
respect to:
1. order of
succession;
2. amount of
successiona
l rights;
3. intrinsic
validity of
the
provisions of
the will
4. Capacity
to succeed.

applicable
law
Covers only
the forms &
solemnities
(extrinsic
validity)

Exceptions
1. Art. 16,
par.
1
(acquisition,
encumberin
g
and
alienation of
real
or
personal
property);
2. Art. 26,
par. 1 of the
Family Code
(marriage
involving
Filipinos
solemnized
abroad,
when such
are void in
the
Philippines)
2. Intrinsic
validity
of
contracts

Renvoi Doctrine
Where the conflict rules of the forum
refer to a foreign law, and the latter
refers it back to the internal law, the
latter (law of the forum) shall apply.

NOTES:
Domiciliary rule supplants the
nationality rule in cases involving
stateless persons.
If the foreign law refers it to a third
country, the said countrys laws shall
govern, and is referred to as the
transmission theory.
Doctrine of Processual Presumption
The
foreign
law,
whenever
applicable, should be proved by the
proponent thereof; otherwise, such
law shall be presumed to be exactly
the same as the law of the forum.
Rule on Prohibitive Laws
GEN. RULE: Prohibitive laws
concerning persons, their acts or
property and laws which have for
their object public order, public policy
or good customs are not rendered
ineffective by laws, judgments
promulgated or conventions agreed
upon in foreign country.
EXCEPTION: Art. 26, par. 2 Family
Code (Ex: Divorce law)
HUMAN RELATIONS
Every person must, in the exercise of
his rights and in the performance of his
duties, act with justice, give everyone
his due, and observe honesty and good
faith. (Art. 19 of NCC)
NOTE: The elements of an abuse of
right under Art. 19 are:
1. There is a legal right;
2. Which is exercised in bad faith;

3. For the sole intent of prejudicing or

injuring another. (Albenson Ent.
Corp. vs. CA)
The SC in Velayo vs. Shell held the
defendant liable under Art. 19 for
disposing of its property (a perfectly
legal act) in order to escape the reach of
a creditor. Likewise, in Globe Mackay
Cable and Radio Corp. vs. CA, the
employer corporation was held liable for
damages for an abusive manner in
dismissing an employee, as well as for
the inhuman treatment the latter got
from them.
Every person who, contrary to law,
willfully or negligently causes damage to
another, shall indemnify the latter for the
same. (Art. 20 of NCC)

(ART. 21 of NCC)
NOTE: Art. 21 deals with acts contra
bonus mores, and has the following
elements:
1. There is an act which is legal;
2. But which is contrary to morals,
customs, public order;
3. and it is done with intent to
injure.
Arts. 19, 20 and 21 are related
to each other and, under these articles,
an act which
causes injury to another may be made
the basis for an award of damages.

There is a common element under Arts.

19 and 21, and that is, the act must be
done intentional. However, Art. 20 does
not distinguish, the act may be done
either willfully or negligently.
(Albenson Ent. Corp. vs. CA)

. The SC in Pe vs. Pe, applying Art.

21 ruled that a married man had
seduced
a girl through an ingenious and tricky
scheme, i.e. on the pretext of teaching
her how to pray the rosary, to the extent
of making her fall in love with him.
Verily, he has committed an injury to
the girls family in a manner contrary to
morals, good customs and public policy.

However, in Tanjanco vs. CA,

the SC denied the award of moral
damages based on the fact that for one
year, from 1958-1959, the plaintiff, a
woman of adult age, maintained
intimate sexual relations with
defendant, with repeated acts of
intercourse. Such conduct is
incompatible with the idea of seduction.
Plainly, there is here voluntariness and
mutual passion; for had the plaintiff
been deceived, had she surrendered
exclusively because of the deceit, artful
persuasions and wiles of defendant, she
would not have again yielded to his
embraces, much less for one year
without exacting early fulfillment of the
alleged promises of marriage and would
have cut short all sexual relations upon
finding that defendant did not intend to
fulfill his promises. Hence, no case is
made under Art. 21 of Civil Code.

. While a breach of promise to

marry is not actionable, it has been held
that to formally set a wedding and go
through and spend for all the wedding
preparation and publicity, only to walk
out of it when the matrimony was about
to be solemnized is a different matter.
This palpably and unjustifiably contrary
to good customs for which the
defendant
must be held answerable for damages
in
accordance with Art. 21 of the Civil
Code. (Wassmer vs. Velez)

criminal action may proceed

. The obligation of cohabitation of
husband and wife is not enforceable by
contempt proceedings. In private
relations, physical coercion is barred
under the the old maxim Nemo potest
preciso cogi ad factum. However, the
refusal of the wife to perform her wifely
duties, her denial of consortium and her
desertion of her husband would certainly
constitute a willful infliction of injury
upon her husbands feelings in a
manner
which is contrary to morals, good
customs and public policy for which Arts.
21 and 2210 (10) of the CC authorize an
award for moral damages. (Tenchavez
vs. Escano)

Prejudicial Question
.GENERAL RULE:
If both criminal and
civil cases are filed in court, the criminal
case takes precedence.
.EXCEPTION:
When there is a prejudicial
question or a question that arises in a
case, the resolution of which is a logical
antecedent of the issue involved herein,
and the cognizance of which pertains to
another tribunal.
. Requisites (Sec. 7, Rule 111,
Rules of Court)
a. Previously instituted civil action
involves an issue similar or
intimately related to the issue
raised in the subsequent
criminal action, and
b. The resolution of such issue
determines whether or not the

NOTE: The Civil Code has suppletory

application in matters governed by
special laws

PERSONS

CIVIL PERSONALITY
. aptitude of being the subject,
active or passive, of rights and
obligations

JURIDICAL
CAPACITY
CAPACITY TO ACT
Fitness to be the
subject of legal
relations
Power to do act with
legal effects
Passive
Active

Inherent
Merely acquired
Lost only through

death

act is restrained

Lost through death

and other causes

This limits the power

of juridical persons
only to those that are
expressly conferred
upon them or those
which can be implied
therefrom or
incidental thereto

Can exist without

capacity to act
Cannot exist without
juridical capacity
Cannot be
limited or
restricted
Can be restricted,
modified or limited

THEORIES ON CAPACITY TO ACT

THEORY OF
GENERAL
CAPACITIES
THEORY OF
SPECIAL
CAPACITIES
Applies to
natural persons
Applies to juridical
persons
One has the
ability to do all
things with legal
effects except
only in those
specific circumstances where
the capacity to

Natural persons
.GENERAL RULE:
Birth determines
personality.
.EXCEPTION:
The law considers the
conceived child as born for all purposes
favorable to it if born alive. Therefore,
the child has a presumed personality,
which has two characteristics:
1. limited; and
2. provisional/conditional
(Quimiguing vs. Icao)

NOTES:
. The presumption as to the childs
personality applies only in cases
beneficial to the child.

. The concept of provisional

personality CANNOT be invoked to
obtain damages for and in behalf of

an aborted child. (Geluz vs. CA)

When is a Child Considered Born

.GENERAL RULE:
For civil purposes, the
fetus is considered born if it is alive at
the time it is completely delivered from
the mothers womb.
.EXCEPTION:
If the fetus had an
intrauterine life of less than 7 months, it
is not deemed born if it dies within 24
hours after its complete delivery from
the maternal womb.

concerning partnerships.
Presumption of survivorship
. Two or more persons, called to
succeed each other, shall be
presumed to have died at the
same time, subject to the
following conditions:
1. parties are heirs to one another
2. no proof as to who died first
3. with doubt as to who died first

NOTE: Article 43 applies when the

parties are called to succeed each other.
But if the parties are not called to
succeed each other, Rule 131, Sec. 3
(jj)
of the Rules of Court applies. Both are
to be applied only in the absence of
facts.

NOTE: The Roman Catholic Church is a

corporation by prescription, with
acknowledged juridical personality,
inasmuch as it is an institution which
antedated, by almost a thousand years,
any other personality in Europe, and
which existed when Grecian eloquence
still flourished in Antioch and when idols
where still worshipped in the temple of
Mecca. (Barlin vs. Ramirez)

The estate of a deceased person

should be considered an artificial or
juridical person for the purposes of the
settlement and distribution of his estate
which, of course, include the exercise
during the judicial administration
thereof of those rights and the
fulfillment of those obligations of his
which survived after his death. (Limjoco
vs. Intestate Estate of Pedro Fragrante)

Juridical persons
.WHO:

Cessation of Civil Personality

a. State and its political

subdivisions
b. Corporations, institutions and
entities for public purpose or
interest
c. Corporations, partnership and
associations for private interest

1. If natural persons: by death

2. If juridical persons: by termination
of existence

.HOW CR
EATED: For (a) and (b), by the
laws creating or recognizing them;
private corporations are governed by BP
68 and partnership and associations are
governed by the provisions of this Code

RESIDENCE

CITIZENSHIP AND DOMICILE

DOMICILE
Used to indicate a
PLACE OF ABODE,

whether
permanent or
temporary
denotes a FIXED
PERMANENT
RESIDENCE, which
when absent, one
has the intention of
returning
There can be
several places of
residence

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. Its nature,
consequences and incidents are fixed
by law and cannot be the subject of
stipulation.

There can only be

ONE place of
domicile

Essential requisites: (LC)

Elements of Domicile
a. Physical presence in a fixed place
b. Intention to remain permanently
(animus manendi)

1. Legal capacity of the contracting

parties, who must be a male and a
female
2. Consent freely given in the presence
of a solemnizing officer

Kinds of Domicile
1. Domicile of origin - received by a
person at birth.
2. Domicile of choice - the place freely
chosen by a person sui juris.
3. Constructive domicile - assigned to a
child by law at the time of his birth.

II. FAMILY CODE

. took effect August 3, 1988

Formal requisites: (ALM)

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 the take
each other as husband and wife in
the presence of not less than two
witnesses of legal age

Effects:
1. Absence of essential or formal
requisites
. the marriage is void ab initio
2. Defect in any of the essential
requisites
. The is marriage voidable
3. Irregularity in any of the formal
requisites
. Does NOT affect the validity of
the marriage BUT will hold the
party responsible for such
irregularity liable

.GENERAL RULE:
Must be solemnized
publicly, and not elsewhere, in the:
1. chambers of the judge or in open
court
2. church, chapel or temple
3. office of consul-general, consul or
vice-consul
.EXCEPTIONS:
1. marriage at the point of death
(articulo mortis);
2. marriage in remote places
3. marriage at a house or place
designated by the parties with the
written request to the solemnizing
officer

Marriages Exempt From License

Requirement: (MOLAR)
Persons Authorized To Solemnize
Marriages: (PMJCCC)
1. priests, rabbis, and ministers of any
church
2. municipal and city mayors
3. members of the judiciary
4. ship captains or air plane chiefs
5. commanders of military unit, in the
absence of chaplain
6. consul generals, consuls or viceconsuls

Authorized Venues Of Marriage

1. among Muslims or members of ethnic

cultural communities, provided such
were solemnized in accordance with
their customs, rites and practices
2. solemnized outside the Phil. where
NO marriage license is required by
the country where they were
solemnized
3. of a man and a woman who have
lived together as husband and wife
for at least 5 years and without legal
impediment to marry each other
NOTE: The 5-year period should be
computed on the basis of a
cohabitation as husband and wife
where the only missing factor is the
marriage contract to validate the

union. This 5-year period should be

the years immediately before the
day of the marriage and it should be
a period of cohabitation
characterized by exclusivity meaning no third party was involved
at any time within the 5 years and
continuity - that is unbroken (Ninal
vs. Bayadog, GR No. 133778 March
14, 2000).

NOTE: In the case of Manzano vs.

Sanchez (G.R. No. MTJ-00-1329,
March 08, 2001), the Supreme Court
laid down the requisites to avail the
exemption under Article 34 of the
Family Code:
a. The man and woman must have
been living together as husband
and wife for at least five years
before the marriage;
b. The parties must have no legal
impediment to marry each
other;
c. The fact of absence of legal
impediment between the
parties must be present at the
time of marriage;
d. The parties must execute an
affidavit stating that they have
lived together for at least five
years [and are without legal
impediment to marry each
other; and
e. The solemnizing officer must
execute a sworn statement that
he had ascertained the
qualifications of the parties and
that he had found no legal
impediment to their marriage
4. in articulo mortis
5. in remote places

NOTE: A marriage license is valid only

for 120 days from date of issue, in any
part of the Philippines.

Foreign Marriages
. Validity of marriage:
.GENERAL RULE:
Where one or both
parties to the marriage are citizens of
the Philippines, the foreign marriage is
valid in this country if solemnized in
accordance with the laws of the country
of celebration.
.EXCEPTIONS:
Foreign marriages shall
not be recognized in the Philippines if
prohibited because: (MABB-PIP)
1. contracted by a national who is
below 18 years of age
2. bigamous or polygamous (except
as provided for in Art. 41, FC)
3. contracted through mistake of
one party as to the identity of
the other
4. contracted following the
annulment or declaration of
nullity of a previous marriage
but before partition
5. void due to psychological
incapacity
6. incestuous
7. void for reasons of public policy

. Validity of divorce:
.GENERAL RULE:

A divorce validly
obtained abroad by the alien spouse,
capacitating him/her to remarry can
allow the Filipino to remarry.
.EXCEPTION:
The rule will not apply if
the divorce was obtained by the Filipino
spouse.

NOTE: A Filipino wife remains the lawful

wife of the Filipino husband despite a
decree of divorce obtained abroad by
the wife. However, if the wife is already
a foreigner at the time of the divorce,
she ceases to be the lawful wife of the
Filipino husband. This, notwithstanding,
if at the time of the marriage the wife
was still a Filipino, and subsequently
acquires citizenship of another country,
thereby rendering her to have the legal
capacity to obtain a decree of divorce,
the Filipino husband remains a spouse
of
the former. This situation is not covered
by Art. 26, par.2 which requires that, at
the time of the marriage, one of the
parties is already an alien.

VOID MARRIAGES
A. Due to absence of any of the
essential requisites: (BB-LAPIS)
1. contracted by any party below 18
years of age even with parental
consent
2. solemnized by any person not legally
authorized to perform marriages
unless one or both of the parties
believed in good faith that the
solemnizing officer had the legal
authority to do so
3. solemnized without a license except

as otherwise provided
4. bigamous or polygamous marriages
5. marriages contracted through
mistake of one of the parties as to
the identity of the other
6. subsequent marriages that are void
under Article 53 of the Family Code
7. contracted by a party who at the
time of the marriage was
psychologically incapacitated

B. Incestuous marriages, whether the

relationship be legitimate or
illegitimate (Article 37):
1. between ascendants & descendants
of any degree
2. between brothers & sisters whether
full or half-blood

C. Those contrary to public policy

(Article 38): (SCAPS-SAKA)
1. between collateral blood relatives
whether legitimate or illegitimate up
to the 4th civil degree
2. between step-parents & step
children
3. between parents-in-law & childrenin-law
4. between the adopting parent & the
adopted child
5. between the surviving spouse of the
adopting parent & the adopted child
6. between the surviving spouse of the
adopted child & the adopter
7. between an adopted child & a
legitimate child of the adopter
8. between the adopted children of the
same adopter
9. between parties where one, with the

intention to marry the other, killed

the latters spouse, or his/her
spouse.

NOTE: Under the FC, the following can

now marry each other:
a. Brother-in-law and sister-in-law;
b. Stepbrother and stepsister;
c. Guardian and ward;
d. Adopted and illegitimate child of the
adopter;
e. Parties who have been convicted of
adultery or concubinage.

NOTE: Even if a marriage is void, it

must
be declared void first because the
parties cannot decide for themselves the
invalidity of their marriage.

VOID
VOIDABLE
Decree of nullity
Decree of
annulment
Never be ratified

D. Subsequent marriages
1. without judicial declaration of
nullity of previous void marriage
(Article 40)
2. without judicial declaration of
presumptive death of absent spouse
(Article 41)
3. where the spouse was presumed
dead, and both the present spouse
and would-be spouse were in bad
faith in contracting marriage (Article
44)

Ratified by free
cohabitation
Attacked directly or
collaterally
Attacked directly
only
Co-ownership
Conjugal
Partnership
Always void

NOTE: Where there was failure to

record
in the civil registry and registry of
property the judgment of annulment or
of absolute nullity of the marriage,
partition and distribution of the property
of the spouses and the delivery of the
childrens presumptive legitimes it shall
not affect third persons (Articles 52-53).

Valid until annulled

Action for
declaration of
nullity does not
prescribe
Action prescribes

Psychological Incapacity
. no exact definition but is restricted
to psychological incapacity to
comply with the essential marital
obligations of marriage
. involves a senseless, protracted and
constant refusal to comply with the
essential marital obligations by one
or both of the spouses although he,
she or they are physically capable of
performing such obligations (Chi
Ming Tsoi vs. CA)

. Essential elements: (MAVFFCCI)

a. Mental condition
b. Applies to a person who is
maritally contracted to another
c. Marriage entered into with
volition
d. Failure to perform or comply
with the essential obligations in
marriage
e. Failure to perform is chronic
f. Cause is psychological in nature
g. Cause is serious, with juridical
antecedence and must be
incurable
h. Incapacity results in the failure
of the marriage.

.JURISPRUDENTIAL GUIDELINES:
(Republic vs. Molina)
1. burden of proof belongs to the
plaintiff
2. root cause of the psychological
incapacity must be:
a. medically or clinically identified

b. alleged in the complaint

c. sufficiently proven by experts
d. explained in the decision
3. incapacity must be existing at the
time of the celebration of marriage
4. incapacity must be permanent or
incurable
5. illness is grave enough to bring about
disability to assume marital
obligations
6. marital obligations refer to Art. 6871 of FC as well as Art. 220,221 and
225 of the FC
7. interpretations of the National
Appellate Matrimonial Tribunal of
the Catholic Church of the
Philippines while not controlling
should be given great respect.
8. trial court must order the

prosecuting attorney or fiscal and

the Solicitor General to appear for
the state.

JUDICIAL
NULLITY

OF

DECLARATION

OF

presumption is that the marriage

exists for all intents and purposes.
Therefore, he who cohabits with a
woman not his wife, before the
judicial declaration of nullity of the
marriage, assumes the risk of being
prosecuted for concubinage. (Beltran
vs. People, June 20, 2000)

. 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.
NOTES:
. For purposes of remarriage, the only
legally acceptable basis for declaring
a previous marriage an absolute
nullity is a final judgment declaring
such previous marriage void, whereas,
for purposes other than remarriage,
other evidence is acceptable.
(Domingo vs. CA)
. In a case for concubinage, the
accused need not present a final
judgment declaring his marriage void
for he can adduce evidence in the
criminal case of the nullity of his
marriage other than proof of a final
judgment declaring his marriage void.
Hence, the pendency of the civil
action for nullity of marriage does not
pose a prejudicial question in a
criminal case for concubinage.
. Parties to the marriage should not be
permitted to judge for themselves its
nullity, for the same must be
submitted to the judgment of the
competent courts and only when the
nullity of the marriage is so declared
can it be held as void, and so long as
there is no such declaration, the

BIGAMOUS MARRIAGES

.GENERAL RULE:
A marriage contracted
by any person during the subsistence of
a
previous valid marriage shall be null and
void.(Gomez vs. Lipana)
.EXCEPTIONS:
When the following
conditions concur, the subsequent
bigamous marriage shall be valid:
1. absence of the other spouse
must have been for four
consecutive years, or two years
where there was danger of death
2. well-founded belief of the
present spouse that absent
spouse was already dead
3. judicial declaration of
presumptive death

DECLARATION
DEATH
EFFECTS OF TERMINATION OF
SUBSEQUENT MARRIAGE: (ICADI)
1. Children of the subsequent marriage
conceived prior to its termination
shall be considered legitimate;
2. The absolute community or conjugal
partnership shall be dissolved and
liquidated. If either spouse acted in
bad faith, his/her share in the net
profits shall be forfeited:
a. in favor of the common children;
b. if none, in favor of the children
of the guilty spouse by previous
marriage; or
c. in default of children, in favor of
the innocent spouse;
3. Donations by reason of the marriage
remain valid except if the donee
contracted the marriage in bad
faith;
4. The innocent spouse may revoke the
designation of the spouse in bad
faith as the beneficiary in any
insurance policy; and
5. The spouse who contracted the
subsequent marriage in bad faith
shall be disqualified to inherit from
the innocent spouse by testate or
intestate succession.
NOTE: The above effects apply in
voidable bigamous marriages. Except
for
(1), the above effects also apply to
marriages which are annulled or
declared void ab initio under Art. 40 of
the Code.

OF

PRESUMPTIVE

. Requisites: (MR-BF)
1. That the absentee spouse has been
missing for 4 consecutive years or 2
consecutive years if the
disappearance occurred where there

is danger of death under

circumstances laid down in Art.391
of the NCC
2. The present spouse wishes to
remarry;
3. The present spouse has well-founded
belief that the absentee is Dead;
4. The present spouse files a summary
proceeding for the declaration of
presumptive death.

NOTE: The present spouse must

establish that he had a well-founded
belief required by law that his absent
wife was already dead that would
sustain
the issuance of a court order declaring
presumptive death. In the case of RP vs.
Nolasco, The SC believed that
respondent Nolasco failed to conduct a
search for his missing wife with such
diligence as to give rise to a wellfounded belief that she is dead. When
he arrived in San Jose, Antique after
learning of his wifes departure, instead
of seeking the help of local authorities
or of the British embassy, he secured
another seamans contract and went to
London, a vast city of many millions of
inhabitants, to look for her there. (RP
vs. Nolasco)

Effect of Reappearance of Absent

Spouse:
.GENERAL RULE:
The subsequent
bigamous marriage under Article 41
remains valid despite reappearance of
the absentee spouse.

.EXCEPTION:
If the reappearance was
made in a sworn statement recorded in
the civil registry, the subsequent
marriage is automatically terminated.
.EXCEPTION TO THE EXCEPTION:
If there
was a previous judgment annulling or
declaring the first marriage a nullity, the
subsequent bigamous marriage remains
valid.

VOIDABLE MARRIAGES
. Grounds: (UP-FAVS)
1. Age of the party in whose behalf it is
sought to have the marriage
annulled was 18 years of age or over
but below 21, and the marriage was
solemnized without the consent of
the parents, guardian or person
exercising substitute parental
authority over the party, in that
order, and both lived together as
husband and wife;
2. Unsound mind of either party
3. Fraudulent means of obtaining
consent of either party
4. Vitiated consent of either party
through force, intimidation or undue
influence
5. Physical incapability of either party
to consummate the marriage with
the other, and such incapacity
continues and appears to be
incurable
6. Sexually-transmissible disease of
either party found to be serious and
appears to be incurable

NOTE: Mode of ratification for Nos. 1-4

is COHABITATION. In Nos. 5 & 6, there
is
no ratification to speak of since the
defect is permanent. The latter can be
convalidated only by prescription, i.e. 5
years from the date of marriage.
Specifically, in no.5, the healthy spouse
may still annul the marriage within 5yrs.
after celebration.

Circumstances amounting to Fraud

under Article 46: (SPND)
1. Non-disclosure of a previous
conviction by final judgment of the
other party of a crime involving
moral turpitude;
2. Concealment by the wife of the fact
that at the time of the marriage, she
was Pregnant by a man other than
her husband;
3. Concealment of a Sexually
transmissible disease, regardless of
its nature, existing at the time of
the marriage; and
4. Concealment of Drug addiction,
habitual alcoholism, homosexuality
or lesbianism existing at the time of
the marriage.

NOTES:
. Misrepresentation as to character,
health, rank, fortune or chastity is
not a ground for annulment.
. The enumeration in Article 46 is
EXCLUSIVE. (Anaya vs. Palaroan)

Ground
(F2I2NS)
Persons
Who May
Sue

3. incapability to
consummate
Injured party

Prescriptive Period
1.Force,
intimidation, or undue
influence

w/in 5
years after
the
celebration
of the
marriage
4. Insanity

Injured party

(a) sane
spouse who
has no
knowledge of
the insanity
(b) relatives,
guardians or
persons having legal
charge of the
insane

w/in 5
years from
the time
the force,
intimidation, or undue
influence
ceased
2. Fraud
Injured party
w/in 5
years from
the discovery of
fraud

(c) insane
spouse
(a) anytime
before the
death of
either
party
(b) anytime
before the
death of
either
party
(c) during

lucid
interval or
after
regaining
sanity
5. Nonconsent
(a) parent/
legal
guardian
having charge
of the noconsent
party
(b) no
consent
party
(a) anytime
before the
no
consent
party
reaches 21
(b) w/in 5
years after
reaching 21
6. STD

NOTE: In Nos. 1, 2, 4, and 5, when

cohabitation takes place after the defect
ceases to exist, the prescriptive period
is
rendered
moot
and
academic.
Whichever
comes first may convalidate the
marriage: Cohabitation or Prescription.

Requisites for annulment due to

Impotence under Art.45(5) (CUPIN)
a. Impotence exists at the time of the
celebration of the marriage
b. The impotence is permanent
c. incurable
d. The impotence is unknown to the
other spouse
e. The other spouse must not also be
impotent

Doctrine of Triennial Cohabitation

. presumption that the husband is
impotent should the wife still remain
a virgin after 3 years of living
together with her husband.

Injured party
w/in 5
years after
the
celebration
of the
marriage

Requisites for annulment due to

Disease under Article 45(6) (ICSIIF)
1. Either party is inflicted with a
sexually transmissible disease (STD)

ADDITIONAL REQUIREMENTS FOR

ANNULMENT OR DECLARATION OF
NULLITY
1. Prosecuting attorney or fiscal
should:
a. Take steps to prevent collusion
between the parties
b. Take care that evidence is not
fabricated or suppressed
2. The following must be
accomplished:
a. Partition and distribution of the
properties of the spouses
b. Delivery of the childrens
presumptive legitimes
c. Recording of the judgment of
annulment or absolute nullity.

NOTES:
. There will be collusion only if the
parties had arranged to make it
appear that a ground existed or had
been committed although it was not,
or if the parties had connived to
bring about a matrimonial case even
in the absence of grounds therefore.
(Ocampo vs. Florenciano)
. A grant of annulment of marriage or
legal separation by default is fraught

with danger of collusion. If the

defendant spouse fails to answer the
complaint, the court cannot declare
him or her in default but instead,
should order the prosecuting
attorney to determine if collusion
exists between the parties.

. the Rules of Court has suppletory

application
. for a more comprehensive discussion
on the procedural aspects of the
Rule, please refer to the Remedial
Law Memory Aid.

LEGAL SEPARATION

However, petitioners vehement

opposition to the annulment
proceedings negates the conclusion
that collusion existed between the
parties. Under these circumstances,
the non-intervention of a
prosecuting attorney to assure lack
of collusion between the contending
parties is not fatal to the validity of
the proceedings in the trial court.
(Tuason vs. CA, GR 116607, April 10,
1996)

RULE
ON
DECLARATION
OF
ABSOLUTE
NULLITY OF VOID MARRIAGES AND
ANNULMENT
OF
VOIDABLE
MARRIAGES
(A.M. 00-11-01-SC)
. took effect on March 15, 2003
. this Rule shall govern petitions for
declaration of absolute nullity of
void marriages and annulment of
voidable marriages under the Family
Code of the Philippines.

. Grounds: (SAMBA-LIPAD)
1. repeated physical violence or grossly
abusive conduct directed against the
petitioner, a common child, or a
child of the petitioner
2. attempt of the respondent to
corrupt or induce the petitioner, a
common child, or a child of the
petitioner, to engage in
prostitution, or connivance in such
corruption or inducement
3. attempt by the respondent against
the life of the petitioner
4. final judgment sentencing the
respondent to imprisonment of more
than 6 years even if pardoned
5. drug addiction or habitual
alcoholism of the respondent
6. lesbianism or homosexuality of the
respondent
7. abandonment of the petitioner by
the respondent without justifiable
cause for more than 1 year
8. physical violence or moral pressure
to compel petitioner to change
religious or political affiliation
9. contracting by respondent of a
subsequent bigamous marriage; and
10. sexual infidelity or perversion.

NOTES:
. Cooling-off Period 6 months
period designed to give the parties
enough time to further contemplate
their positions with the end in view
of attaining reconciliation between
them.
. The enumeration in Article 55
regarding legal separation is
EXCLUSIVE. (Lacson vs. San JoseLacson)

Grounds for denial of petition:

(CCCC-MP-DR)
a. Condonation -NOTE: failure of the
husband to look for his adulterous
wife is NOT condonation to wife's
adultery. (Ocampo vs. Florenciano)
b. Consent
c. Connivance
d. Collusion
e. Mutual Guilt
f. Prescription
g. Death of either party during the
pendency of the case (Lapuz-Sy vs.
Eufemio)
h. Reconciliation of the spouses during
the pendency of the case

Effects of filing petition:

a. The spouses shall be entitled to live
separately from each other.
b. The husband shall have no more
right to have sexual intercourse with
his wife.
c. In the absence of an agreement
between the parties, the court shall

designate the husband, the wife, or

a 3rd person to manage the absolute
community or conjugal partnership
property.

Effects of decree of legal separation:

RULE ON LEGAL SEPARATION

a. The spouses shall be entitled to live

separately from each other but the
marriage bond is not severed.
b. The absolute community or conjugal
partnership shall be dissolved and
liquidated.
c. The custody of the minor children
shall be awarded to the innocent
spouse subject to the provisions of
Art. 213 of the Code.
d. The offending spouse shall be
disqualified from inheriting from the
innocent spouse by intestate
succession and the provisions in
favor of the offending spouse made
in the will of the innocent spouse
shall be revoked by operation of law.
e. The innocent spouse may revoke the
donations made by him/her in favor
of the offending spouse, as well as
the designation of the latter as
beneficiary in any insurance policy,
even if the designation be
irrevocable.

(A.M. 02-11-11-SC)

Effects of Reconciliation of the

Spouses:
a. The legal separation proceedings, if
still pending, shall thereby be
terminated at whatever stage.
b. The final decree of legal separation
shall be set aside, but the separation
of property and any forfeiture of
share of the guilty spouse already
effected shall subsist, unless the
spouses agree to revive their former
property regime.

. took effect on March 15, 2003

. this Rule shall govern petitions for
legal separation under the Family
Code in the Philippines; the Rules of
Court shall apply suppletorily
. please refer to the Remedial Law
Memory Aid for the procedural
provisions of the Rule

MARITAL RIGHTS AND OBLIGATIONS

(JL-FORM)
1. live together
2. observe mutual love, respect &
fidelity
3. render mutual help & support
4. fix the family domicile
5. joint responsibility for the support of
the family
6. management of the household

Exercise of Profession
.GENERAL RULE:
Husband & wife
can engage in any lawful enterprise or
profession without the consent of the
other.
.EXCEPTION:
Upon objection of the
other spouse only on valid, serious and
moral grounds, may the formers
consent
be necessary.

Property Relations Between Husband &

Wife
. Governed by:
1. marriage settlements executed
before the marriage or antenuptial
agreements
2. provisions of the Family Code
3. local customs (when spouses
repudiate absolute community)

MARRIAGE SETTLEMENTS
. It is a contract entered into by the
future spouses fixing the
matrimonial property regime that
should govern during the existence.

. Requisites:
1. made before celebration of marriage
2. in writing (even modifications)
3. signed by the parties
4. not prejudice third persons unless
registered in the civil registry
5. to fix terms and conditions of their
property relations
6. additional signatories
a. 18-21: parents
b. civil interdictees & disabled:
guardian

. Not applicable when:

1. both spouses are aliens, even if
married in the Philippines
2. as to extrinsic validity of contracts
3. contrary stipulation

DONATIONS
MARRIAGE

BY

REASON

OF

. Requisites: (COBB)
1. made before celebration of marriage
2. in consideration of marriage

3. in favor of one or both future

spouses

BASES

Future
property
May be included
provided donation
is mortis causa

DONATIONS
PROPTER
NUPTIAS

Cannot be
included

ORDINARY
DONATIONS

Grounds
for
revocation

Formalities

Art. 86, FC

Governed by the
rules on ordinary
donations except
that if future
property is
donated, it must
conform with
formalities of wills

Arts. 760,
764, & 765,
NCC

Governed
by rules on
donations
(Arts. 725773, NCC)

Rule on Donation Between Spouses

During Marriage
.GENERAL RULE:
VOID, either direct or
indirect donation

Present
Property

.EXCEPTIONS:

May be donated but

up to 1/5 of
donors present
property

1. moderate gifts on occasions of

family celebrations
2. donations mortis causa

No limit
except that
donor shall
leave
property
enough for his
support

NOTE: This rule also applies to

common-law spouses. (Article
Family
Code)

87,

Grounds for Revocation (VIRAL-CN)

1. marriage Not celebrated or declared
Void ab initio except those made in
marriage settlements
2. marriage without parental Consent
3. marriage is Annulled and donee is in
bad faith
4. upon Legal separation, the donee
being the guilty spouse
5. complied Resolutory condition
6. donee commits acts of Ingratitude

SYSTEM OF ABSOLUTE COMMUNITY

(AC)

or grantor expressly provides

otherwise
NOTE: No waiver of rights allowed
during the marriage except in case of
judicial separation of property. The
waiver must be in a public instrument.

Administration of the community

property
.GENERAL RULE:
It shall belong to both
spouses jointly.
.EXCEPTIONS:

. The property regime of the spouses

in the absence of a marriage
settlement or when the marriage is
void. This is so because it is more in
keeping with Filipino culture.

.GENERAL RULE:
Community property
shall consist of all property owned by
the
spouses at the time of the marriage or
acquired thereafter.

1. In case of disagreement,
husbands decision shall prevail.
2. In case one spouse is
incapacitated or unable to
participate in the administration
of the common properties, other
spouse may assume sole powers.
NOTE: These powers do not
include:
a. Disposition
b. encumbrance

.
EXCEPTIONS: (BEG)
1. property acquired before the
marriage by either spouse who
has legitimate descendants by a
former marriage
2. property for personal and
exclusive use except jewelry
3. property acquired during the
marriage by gratuitous title,
except when the donor, testator

NOTE: Any alienation or encumbrance

is
void if without the written consent of
the other spouse

Rule on Game of Chance

. LOSS: Shall be borne by the loserspouse and shall not be charged to

the community property
. WINNINGS: Shall form part of the
community property

Steps in Liquidation of AC: (IP-DDP)

1. Inventory
a. Inventory of Community Property
b. Inventory of separate property of
the wife

c. Inventory of separate property of

the husband
2. Payment of Community Debts
. First, pay out of community assets, if
not
enough, husband and wife are solidarily
liable
3. Delivery to each spouse his/her
separate property if any
4. Division of the net community assets
5. Delivery of presumptive legitimes, if
any, to the children
CONJUGAL PARTNERSHIP OF GAINS
(CP)
. It is that formed by a husband and
wife whereby they place in a
common fund the fruits of their
separate property, and the income
from their work or industry, the
same to be divided between them
equally (as a general rule) upon the
dissolution of the marriage or the
partnership.

Conjugal Partnership Property: (LC2

FONT)
1. obtained from labor, industry, work
or profession
2. acquired by chance
3. acquired during the marriage with
conjugal funds
4. fruits of the conjugal property
5. acquired through occupation
6. net fruits of their exclusive property
7. share of either spouse in hidden
treasure

Exclusive Property Of Each Spouse:

(OGRE)
1. that which is brought to the
marriage as his/her own
2. acquired during the marriage by
gratuitous title
3. acquired by right of redemption,
barter or exchange with property
belonging to either spouse
4. purchased with exclusive money of
either spouse

Rules In Cases Of Improvement Of

Exclusive Property
1. 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 the
improvement, the property becomes
conjugal
2. Accession 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 the
improvement, the entire property
becomes the exclusive property of
the spouse.

Steps In Liquidation Of CP: (DIRDODIP)

1. Inventory of the Conjugal
Partnership of Gains assets
2. Restitution of advances made to
each spouse
3. Payment of debts to each spouse
4. Payment of obligations to third
parties

5. Delivery of exclusive properties

6. Payment of losses and deterioration
of movables belonging to each
spouse
7. Delivery of presumptive legitimes
8. Division of the net conjugal
partnership properties

NOTE: Property bought on installments

paid partly from exclusive funds of the
spouses and partly form conjugal funds:
a. If full ownership was vested
before the marriage it shall
belong to the buyer-spouse
b. If full ownership was vested
during the marriage - it shall
belong to the conjugal
partnership

Charges Upon and Obligations Of AC

and CP:
1. Support for family except for
illegitimate children of either
spouse;
2. Debts and obligations which must
have been contracted:
a. by administrator-spouse for the
benefit of the family;
b. by both spouses; or
c. by one spouse with the consent
of the other;
3. Debts and obligations without
marital consent provided the family
was benefited;
4. All taxes, liens, charges and
expenses including major or minor
repairs upon the community or
conjugal property;

NOTE: However, in conjugal

partnership, actual use need not be
proved because it is presumed.
5. All taxes and expenses for mere
preservation made during the
marriage upon the exclusive
property of either spouse used by
the family;
6. Expenses for education or selfimprovement of either spouse;
7. Ante-nuptial debts of either spouse
insofar as they have redounded to
the benefit of the family;
8. The value of what is donated or
promised by both spouses in favor of
their common legitimate children for
education or self-improvement; and
9. Expenses of litigation between
spouses unless found to be groundless.

family.
. Indirect benefits that might accrue
to a husband in his signing a surety
or guarantee agreement not in favor
of the family but in favor of his
employer corporation are not the
benefits that can be considered as
giving a direct advantage accruing to
the family. Hence, the creditors
cannot go against the conjugal
partnership property of the husband
in satisfying the obligation subject of
the surety agreement. A contrary
view would put in peril the conjugal
partnership property by allowing it
to be given gratuitously as in cases
of donation of conjugal partnership
property, which is prohibited. (Ayala
Investment Corp. vs. CA)

NOTES:
. The separate properties shall be
solidarily and subsidiarily liable for
the obligations if the community or
conjugal properties are insufficient.
. The absolute community property
shall also be liable for ante-nuptial
debts mentioned above, support of
illegitimate children, and liabilities
incurred by either spouse by reason
of a crime or quasi-delict in case of
insolvency of the exclusive property
of the debtor-spouse. Payment of
which shall be advanced by the
absolute community property,
subject to deduction from the share
of the debtor-spouse.
. The conjugal partnership property
shall likewise be liable for the
payment of the personal debts of
either spouse insofar as they have
redounded to the benefit of the

Grounds For Termination Of Absolute

Community And Conjugal Partnership:
(LADS)
1. decree of legal separation
2. annulment or declaration of nullity
of marriage
3. death of either spouses
4. judicial separation of property

REGIME
OF
PROPERTY

SEPARATION

. Causes: (CLAAPS)
a. petitioners spouse has been
sentenced with a penalty which
carries with it civil interdiction;

OF

b. loss of parental authority of the

petitioners spouse as decreed by
the court;
c. petitioners spouse has been
judicially declared an absentee;
d. abandonment by the petitioners
spouse and failure to comply with
the obligations to the family;
e. spouse granted power of
administration in marriage
settlement abused such power; and
f. at the time of the petition, spouses
are separated in fact for at least 1
year and the possibility for
reconciliation is highly improbable.

marry
2. Void
marriages due
to absence of
formal
requisite
1. With legal
impediment to
marry
2. Adulterous
relationships
3. Bigamous or
polygamous
marriages

NOTE: The spouses contribute to the

family expenses proportionately with
their income and the value of their
properties. However, the liability of the
spouses to the creditors for family
expenses is solidary.

PROPERTY REGIME OF UNIONS

WITHOUT MARRIAGE

Art. 147
Art. 148
Applicability

1. Without
legal
impediment to

4. Incestuous

void marriages
under Art. 37
5. Void
marriages by
reason of
public policy
under Art. 38
Salaries &
Wages
Owned in
equal shares
Separately
owned by the
parties

Property
Acquired
Exclusively
by Either
Party
Belongs to such
party provided
there is proof
that he/she
acquired it by
exclusive funds

Belongs to
such party
Property
Acquired
by Both
Parties
Governed by
the rules on
co-

ownership
Owned by
them in
common in
proportion to
their
respective
contributions
Presumption (prima
facie)
Presumption
of joint
acquisition
and equal
sharing as to
property
acquired
while they
live
together.
No
presumption
of joint
acquisition.
When there is
evidence of
joint
acquisition but
none as to the
extent of
actual
contribution,
there is a
presumption
of equal
sharing.
Forfeiture
When only
one of the

parties is in
good faith,
the share of
the party in
bad faith in
the coownership
shall be
forfeited:
a. in favor
of their
common
children; or
b. in default
of or in case
If one of the
parties is
validly married
to another,
his/her share
in the coownership
shall accrue to
the absolute
community or
conjugal
partnership
existing in
such valid
marriage.
If the party
who acted in

of waiver by
any or all of
the common
children or
their
descendants,

in favor of
the innocent
party.
bad faith is
not validly
married to
another or if
both parties
are in bad
faith, such
share shall be
forfeited in
the manner
provided in
the last
paragraph of
Article 147.

NOTE: Under Art. 148, only the

properties acquired by both of the
parties through their actual joint
contribution of money, property or
industry shall be owned by them in
proportion to their respective
contributions. It must be stressed that
actual contribution is required by this
provision, in contrast to Art. 147 which
state that efforts in the care and
maintenance of the family and
household,
are
regarded
as
contributions
to the acquisition of common property
by one who has no salary or income or
work or industry. If the actual
contribution of the party is not proved,
there will be no co-ownership and no
presumption of equal shares. (Agapay
vs. Palang). Hence, mere cohabitation
without proof of contribution will not
result in a co-ownership. (Tumlos vs.
Fernandez).

THE FAMILY
. Basic social institution which public
policy cherishes and protect hence,
no suit between members of the
family shall prosper unless the
compromise between the parties
have failed

.FAMILY RELATIONS INCLUDE:

1. between husband and wife
2. between parents and children
3. among ascendants and
descendants
4. among brothers and sisters
whether full or half-blood

FAMILY HOME
PATERNITY AND FILIATION
.GENERAL RULE:
The family home is
exempt from execution, forced sale or
attachment.
.EXCEPTIONS:
(PLMN)
1. debts incurred prior to
constitution
2. debts due to laborers,
mechanics, architects, builders,
material men and others who
have rendered service or
furnished materials for the
construction of the building
3. debts secured by mortgages
4. non-payment of taxes

. Guidelines:
1. deemed constituted from time of
actual occupation as a family
residence
2. must be owned by person
constituting it
3. must be permanent
4. rule applies to valid and voidable
and even to common-law spouses
under Articles 147 and 148
5. continues despite death of one or
more spouses or unmarried head of
the family for 10 years, or as long as
a minor beneficiary lives
6. can constitute one (1) family home
only

Rule on Children Conceived as a Result

of Artificial Insemination
. Status is legitimate child, provided
both husband and wife authorized or
ratified the insemination in a written
instrument which they executed and
signed before the birth of the child

Legitimate Children
.GENERAL RULE:
Only those who
are conceived or born during a valid
marriage
.EXCEPTIONS:
(CAVALAC)
Those children who are
1. Conceived as a result of artificial
insemination
2. Born of a voidable marriage
before decree of annulment
3. Conceived or born before
judgment of annulment or
absolute nullity under Art. 36
has become final & executory
4. Conceived or born of subsequent
marriage under Art. 53
5. Of mothers who may have
declared against its legitimacy or
was sentenced as an adultress
6. Legally adopted
7. Legitimated, conceived and born
outside of wedlock of parents
without impediment at the time
of conception and had

subsequently married

of either parent for artificial

insemination was obtained through
mistake, fraud, violence,
intimidation or undue influence.

Illegitimate Children
.GENERAL RULE:
Those conceived and
born outside a valid marriage are
illegitimate.
.EXCEPTIONS:
Children who are:
1. born of marriages which are
void ab initio such as bigamous
and incestuous marriages and
marriage was declared void for
being contrary to law and public
policy
2. of voidable marriages born after
the decree of annulment

Rules on Impugning Legitimacy

A. Grounds (PBA)
1. physical impossibility of the husband
to have sexual intercourse with his
wife within the 1st 120 days of the
300 days immediately preceding the
childs birth, due to:
a. physical incapacity of the
husband;
b. husband and the wife were living
separately; or
c. serious illness of the husband
which absolutely prevented
sexual intercourse
2. biological or scientific proof that the
child could not have been that of the
husband; and
3. written authorization or ratification

B. Prescriptive periods
1. one year, from knowledge of birth or
recording in the civil register, if
husband or heirs lives in the SAME
city/municipality
2. two years, if resides in the Phils.

3. three years, if abroad

C. Parties
.GENERAL RULE:
Only the husband may
impugn

before the lapse of 180 days after

celebration of 2nd marriage provided
born within 300 days after
termination of the 1st marriage.
2. to second marriage, if child was born
after 180 days following celebration
of 2nd marriage whether born within
300 days after termination of 1st
marriage or afterwards.

.EXCEPTION:
The heirs, if the husband
dies before the end of the prescription
of the action, or after filing complaint,
or child was born after death

Proof of Filiation

NOTE: The question of legitimacy

cannot
be collaterally attacked, it can be
impugned only in a direct action.

1. The record of birth appearing in the

civil registrar or a final judgment

Rule on the Status of Children born

after 300 days following Termination of
Marriage
A. Requisites (TS-WBN)
1. first marriage terminated
2. mother contracted subsequent
marriage
3. subsequent marriage was contracted
within 300 days after termination of
previous marriage
4. child was born
5. no evidence as to status of child

B. Rules as to whom the child belongs

1. to first marriage, if child was born

.GENERAL RULE
: Filiation of legitimate
(or illegitimate) children is established
by any of the following:

2. An admission of legitimate (or

illegitimate) filiation in a public
document or a private handwritten
instrument and signed by the parent
concerned.
.EXCEPTION
: In the absence of any of
the foregoing evidence, such legitimate
or illegitimate filiation shall be proved
by:
1. Open and continuous possession of
the
status of a legitimate or illegitimate
child;
2. Any other means allowed by the
Rules
of Court and special laws.

NOTES:

. Continuous does not mean that the

concession of status shall continue
forever but only that it shall not be
of an intermittent character while it
is continuous. The possession of such
status means that the father has
treated the child as his own, directly
and not through others,
spontaneously and without
concealment though without
publicity. There must be a showing
of permanent intention of the
supposed father to consider the child
as his own by continuous and clear
manifestation of paternal affection
and care. (Mendoza vs. CA). The
paternal affection and care must not
be attributed to pure charity. Such
acts must be of such a nature that
they reveal not only the conviction
of paternity, but also the apparent
desire to have and treat the child as
such in all relations in society and in
life, not accidentally, but
continuously. (Jison vs. CA)
. The SC in Lim vs. CA, ruled that
petitioner was the father of his
illegitimate children because the
evidences convincingly show this.
Hence, it was the petitioner who
paid the bills for the hospitalization
of the mother when she gave birth.
He was the one who caused the
registration of the name of the child
using his surname in the birth
certificate. He also wrote
handwritten letters to the mother
and the child stating his promise to
be a loving and caring husband and
father to both of you. There were
also pictures of the petitioner on
various occasions cuddling the child.
. In view of the fact that filiation may
be proved by any means allowed by
the Rules of Court and special laws

this may consist of baptismal

certificate, a judicial admission, a
family bible in which his name has

been entered, common reputation

respecting his pedigree, admission
by silence, the testimony of
witnesses and such other kinds of
proof admissible under Rule 130 of
RC. (Mendoza vs. CA) For a baptismal
certificate to be proof of filiation
under the Rules of Court, it must be
shown that the father therein
participated in the preparation of
the same. A birth certificate not
signed by the alleged father
indicated in said certificate is not
competent evidence of paternity.
(Fernandez vs. CA)
. Proof of filiation of petitioners to
the late Enrique Baluyut is not
sufficient to confer upon them any
hereditary right in the estate of the
deceased. What is necessary to be
established by an illegitimate not
natural child in order that he may be
entitled to successional rights under
Art 887 of NCC, is not the fact of his
bare filiation but a filiation
acknowledged by the putative
parent.(Baluyut vs. Baluyut)

Use of father &

mothers surname
Use of mothers
surname
NOTE: However, RA
9255 amended
Article 176, FC
Receive support
from parents
Receive support
according to FC
Entitled to the
legitime & other
successional rights
Legitime is of the
legitime of a
legitimate child

R.A. No. 9255

. An Act Allowing Illegitimate Children
to use the surname of their Father,
amending for the purpose Article 176
of EO No. 209, otherwise known as
the "FAMILY CODE OF THE
PHILIPPINES":
. Approved February 24, 2004

Rights of the Children

LEGITIMATE
ILLEGITIMATE

Illegitimate children may use the

surname of their father if:
1. their filiation has been expressly
recognized by the father through the
record of birth appearing in the civil

register, or
2. when an admission in a public
document or private handwritten
instrument is made by the father

2) adopter is the spouse of the

adoptees parent
f. has not been convicted of any
crime involving moral turpitude
g. emotionally and psychologically
capable of caring for children

LEGITIMATION
. Requisites: (NIM)
a. The child is illegitimate
b. The parents at the time of the
childs conception are not
disqualified from marrying each
other
c. There is a valid marriage subsequent
to the childs birth

ADOPTION
A. Domestic Adoption Act of 1998
(R.A. NO. 8552)

Who may adopt: (LPG-CANE)

1. Filipino Citizen:
a. of legal age
b. in a position to support and care
for his/her children in keeping
with the means of the family
c. good moral character
d. in possession of full civil
capacity or legal rights
e. at least 16 years older than the
adoptee, except when:
1) adopter is the biological
parent of the adoptee

2. Alien:
a. same qualifications as a Filipino
b. country has diplomatic relations
with the Phil.
c. has been living in the Phil. for at
least three (3) continuous years
prior to the application for
adoption and maintains such
residence until the adoption
decree is entered, except when
1) former Filipino citizen who
seeks to adopt a relative
within the 4th degree of
consanguinity or affinity
2) one who seeks to adopt the
legitimate or illegitimate
child of his/her Filipino
spouse

3) one who is married to a

Filipino citizen and seeks to
adopt jointly with his/her
spouse a relative within the
4th degree of consanguinity
or affinity of the Filipino
spouse
d. certified to have legal capacity
to adopt by his/her diplomatic or
consular office
e. certified by said office that his
government allows the adoptee
to enter his/her country as
his/her adopted child

3. Guardian with respect to the ward

after termination of the guardianship
and clearance of his/her financial
accountabilities

Pre-Adoption Services
. the DSWD shall provide for the
following services:
a. counselling services for the
biological parents, prospective
adoptive parents and prospective
adoptee
b. exhaust all efforts to locate the
biological parents, if unkown

Rule on Adoption by Spouses

.GENERAL RULE:
The husband and the
wife shall JOINTLY adopt.

.EXCEPTIONS:
1. one spouse seeks to adopt the
legitimate child of the other
2. one spouse seeks to adopt
his/her own illegitimate child
3. the spouses are legally separated

Who may be adopted:

1. any person below 18 years of age
who has been voluntarily committed
to the DSWD under P.D. 603 or
judicially declared available for
adoption
2. legitimate stepchild
3. illegitimate stepchild
4. qualified adult, who, prior to the
adoption, has been consistently
considered by the adopter as his/her
own child since minority;
5. child whose adoption has been
previously rescinded
6. child whose biological or adoptive
parents have died, provided that no
proceedings shall be initiated within
6 months from the time of death of
said parents

Consent in Adoption (BAILAS)

.The WRITTEN CONSENT to
adoption
is required in the following cases:
1. the adoptee, if 10 years of age or
over
2. biological parents or government
instrumentality

the

3. the legitimate/adopted children, 10

years old or over, of the adopter and
adoptee
4. the illegitimate children, 10 years
old or over, of the adopter if living
with the adopter and the latter's
spouse
5. spouse of the adopter and adoptee

Effectivity of Decree of Adoption

. a decree of adoption shall be

effective as of the date the original
petition was filed. It applies also in case
the petitioner(s) dies before the
issuance
of the decree of adoption to protect the
interest of the adoptee.

NOTE: Where the petition for adoption

was granted after the child had shot and
killed a girl, the SC did not consider the
retroactive effect to the decree of
adoption so as to impose a liability upon
the adopting parents accruing at the
time when the adopting parents had no
actual or physical custody over the
adopted child. Retroactive effect may
perhaps be given to the granting of the
petition for adoption where such is
essential to permit the accrual of some
benefit or advantage in favor of the
adopted child. To hold that parental
authority had been retroactively lodged
in the adopting parents so as to burden
them with liability for a tortious act that
they could not have foreseen and which
they could have prevented would be

unfair and unconscionable. (Tamargo

vs.
CA 209 S 518)

Effects of Adoption: (SAL)

1. Severance of legal ties between the
biological parents and the adoptee

and the same shall be vested in the

adopters.
. Effects:
.EXCEPTION:
if the biological parent
is the spouse of the adopter
2. Adoptee shall be considered as a
legitimate child of the adopter(s) for
all intents and purposes.
3. In legal or intestate succession, the
adoptee and the adopter(s) shall
have reciprocal rights of succession
without distinction from legitimate
filiation. However, if there is a will,
the rules on testamentary succession
shall be followed.

a. Parental authority of adoptees

biological parents or legal custody of
DSWD shall be restored if adoptee is
still
a minor or incapacitated.
b. Reciprocal rights and obligations
of the adopter(s) and the adoptee to
each other shall be extinguished.
c. The amended certificate of birth
of the adoptee shall be cancelled and its
original shall be restored.
d. Succession rights shall revert to
its status prior to the adoption, but
vested rights shall not be affected.

Rescission of Adoption
. Grounds: (ASAR)
1. attempt on the life of the adoptee
2. sexual assault or violence
3. abandonment and failure to comply
with parental obligations
4. repeated physical or verbal
maltreatment by the adopter

NOTES:
. Only the adoptee is given the right
to rescind the decree of adoption
. The adopter can NOT rescind the
decree of the adoption but he or she
may disinherit the adoptee.

B. Inter-Country Adoption Act of 1995

(R.A. No. 8043)

Inter-Country Adoption
. The socio-legal process of adopting a
Filipino child by a foreigner or a Filipino
citizen permanently residing abroad
where the petition is filed, the
supervised trial custody is undertaken,
and the decree of adoption is issued
outside the Philippines.

Who may be adopted:

a. Only a legally-free child may be

the subject of inter-country adoption

NOTE: Legally-free Child - a child
who has been voluntarily or involuntarily
committed to the DSWD of the
Philippines, in accordance with the Child
Youth and Welfare Code.
b. No child shall be matched to a
foreign adoptive family unless it is
satisfactorily shown that the child
cannot be adopted locally.

involving moral turpitude

5. is eligible to adopt under his/her
national law
6. is in a position to provide the
proper care and support and to give
the necessary moral values and
example to all his children,
including the child to be adopted

Who may adopt:

7. agrees to uphold the basic rights of

the child as embodied under
Philippine laws, the U.N.
Convention on the Rights of a Child,
and to abide by the rules and
regulations issued to implement the
Inter-Country Adoption Act

. Any alien or Filipino citizen

permanently residing abroad may
file an application for inter-country
adoption of a Filipino child if he/she:

8. comes from a country with whom

the Philippines has diplomatic
relations and whose government
maintains a similarly authorized and

1. is at least 27 years of age and at

least 16 years older than the child
to be adopted, at the time of the
application unless the adopter is the
parent by nature of the child to be
adopted or the spouse of such
parent
2. if married, his/her spouse must
jointly file for the adoption
3. has the capacity to act and assume
all rights and responsibilities of
parental authority under his
national laws, and has undergone
the appropriate counselling from an
accredited counsellor in his/her
country
4. has not been convicted of a crime

accredited agency and that

adoption is allowed under his/her
national laws
9. possesses all the qualifications and
none of the disqualifications under
the Inter-Country Adoption Act and
other applicable Philippine laws

Inter-Country Adoption Board

. acts as the central authority in
matters relating to inter-country
adoption.
. The Board shall ensure that all
possibilities for the adoption of the
child under the Family Code have
been exhausted and that intercountry adoption is in the best
interest of the child.

Trial Custody:
. 6 months from the time of
placement
1. starts upon actual physical transfer
of the child to the applicant who, as
actual custodian, shall exercise
substitute parental authority over
the person of the child.
2. the adopting parent(s) shall submit
to the governmental agency or
authorized and accredited agency,
which shall in turn transmit a copy
to the Board, a progress report of
the childs adjustment.

NOTES:
. If the pre-adoptive relationship is
found unsatisfactory by the child or
the applicant or both, or if the
foreign adoption agency finds that
the continued placement of the child
is not in the childs best interest,
said relationship shall be suspended
by the Board and the foreign
adoption agency shall arrange for
the childs temporary care.
. If a satisfactory pre-adoptive
relationship is formed between the
applicant and the child, the Board
shall submit the written consent to
the adoption to the foreign adoption
agency within 30 days after receipt
of the latters request.
. A copy of the final decree of
adoption of the child, including
certificate of
citizenship/naturalization whenever
applicable, shall be transmitted by
the foreign adoption agency to the
Board within 1 month after its
issuance.

NOTE: For a comprehensive discussion

of
the procedural aspects of adoption,
please refer to A.M. No. 02-06-02-SC or
the Remedial Law Memory Aid

SUPPORT

. everything indispensable for

sustenance, dwelling, clothing,
medical attendance, education and
transportation in keeping with the
financial capacity of the family

4. parents and their illegitimate

children and the legitimate and
illegitimate children of the latter
5. legitimate brothers and sisters
whether full or half-blood

Kinds: (LJC)
1. Legal that which is required or
given by law
2. Judicial required by the court to be
given whether pendente lite or in a
final judgment
3. Conventional given by agreement

Characteristics: (PIN-ERV)
1. Personal
2. Intransmissible
3. Not subject to waiver or
compensation
4. Exempt from attachment or
execution
5. Reciprocal on the part of those who
are by law bound to support each
other
6. Variable

Persons obliged to support each other:

1. spouses
2. legitimate ascendants and
descendants
3. parents and their legitimate children
and the legitimate and illegitimate
children of the latter

NOTE: Support shall be in proportion to

the resources or means of the giver and
to the necessities of the recipient.

Order of liability if several persons are

obliged to give support:
1. spouse
2. descendants in the nearest degree
3. ascendants in the nearest degree
4. brothers and sisters

over the persons of their common

children. In case of disagreement,
the fathers decision shall prevail
UNLESS there is a judicial order to
the contrary
2. If the child is illegitimate, parental
authority is with the mother.

NOTES:

Parental Preference Rule

. When the obligation to give support

falls upon 2 or more persons
payment shall be divided between
them in proportion to the resources
of each, but in case of urgent need
and special circumstances, the court
may order one of them to furnish the
support provisionally subject to the
right to claim from the other
obligors the share due them
. When two or more recipients at the
same time claim for support and the
obligor does not have sufficient
means to satisfy all claims:

. the natural parents, who are of good

character and who can reasonably
provide for the child are ordinarily
entitled to custody as against all
persons

a. the order of liability provided by

law shall be followed
b. if the concurrent obligees should
be the spouse and child subject
to parental authority, the child
shall be preferred

PARENTAL AUTHORITY (PA)

Rules as to the exercise of PA:

1. The father and the mother shall
JOINTLY exercise parental authority

Rule in case of legal separation of

parents:
. parental authority is exercised by
the parent designated by the court.

.GENERAL RU
LE: No child under 7 years
of age shall be separated from the
mother.
.EXCEPTION:
When the court finds
compelling reason to order otherwise.
NOTE: Paramount consideration in
matters of custody of a child is the
welfare and well-being of the child.
(Tonog vs. CA)

title
Persons Exercising Substitute PA:
1. surviving grandparent
2. oldest brother or sister over 21 years
of age unless unfit or disqualified
3. actual custodian unless unfit or
disqualified

1. property given by
the parents to the
child for the latter to
administer
2. owned by the child
2. owned by the
parents

Persons Exercising Special PA:

1. school
2. administrators and teachers
3. individual, entity or institution
engaged in child care

3. child is also the

usufructuary, but the
childs use of the
property shall be
secondary to the
collective daily needs
of the family
3. parents are the
usufructuary

NOTES:
. Parental authority and responsibility
are inalienable and may not be
transferred and renounced except in
cases authorized by law.
. Parents may exercise parental
authority over their childs property

4. property
administered by the
parents
4. property
administered by the
child

Termination of PA
Kinds of Properties of a Minor

PERMANENT

ADVENTITIOUS

TEMPORARY

PROFECTITIOUS

1. death of the
parents

1. earned or acquired
by the child through
his work or industry by
onerous or gratuitous

2. death of the
child

3. emancipation of
the child
4. subjected child
to sexual abuse
1. adoption of the
child
2. appointment of a
general guardian
3. judicial
declaration of
abandonment
4. final judgment

2. the funeral shall be in keeping with

the social position of the deceased
3. the funeral shall be in accordance
with the expressed wishes of the
deceased
a. in the absence of the expressed
wishes, his religious beliefs or
affiliation shall determine
b. in case of doubt, the persons in
Article 199, FC shall decide

divesting the
parents of parental
authority
5. judicial
declaration of
absence or incapacity of the
parents exercising
parental authority
over the child

Grounds for
(CHOBAN)

suspension

4. any person who disrepects the dead

or allows the same shall be liable for
damages

of

PA

1. conviction of a crime with the

penalty of civil interdiction
2. harsh or cruel treatment against the
child
3. orders, counsel and example which
are corrupting, given by the person
exercising authority
4. begging is compelled of the child
5. acts of lasciviousness, allowed for
the child to be subjected to, or
himself subjects the child to
6. negligence, which is culpable,
committed by the person exercising
authority

FUNERALS

Grounds for Change of First Name or

Nickname under R.A. No. 9048 (An act
authorizing City or Municipal Civil
Registrar or the Consul General to
Correct a Clerical or Typographical Error
in an Entry and/or Change of First Name
or Nickname in the Civil Registrar
Without need of a Judicial Order,
Amending for this Purpose Articles 376
and 412 of the Civil Code))
1. The petitioner finds the first name
or nickname to be ridiculous, tainted
with dishonour or extremely difficult
to write or pronounce
2. The new first name or nickname has
been habitually and continuously
used by the petitioner and he has
been publicly known by that first
name or nickname in the community
3. The change will avoid confusion

.GENERAL GUIDELINES
1. duty and right to make arrangement
in funerals in accordance with
Article 199, FC

NOTE: Please refer to Remedial Law

Memory Aid for a comprehensive
discussion of the procedural aspects of

change of name.

ABSENCE

DECLARATION OF ABSENCE
WITHOUT
ADMINISTRATOR
WITH
ADMINISTRATOR
2 years from the
lapse of time without
news about the
absentee or since the
receipt of the last
news
5 years from the
lapse of time without
news about the
absentee or since the
receipt of the last
news

PRESUMPTION OF DEATH

ORDINARY
ABSENCE

EXTRAORDINARY/
QUALIFIED
ABSENCE

a. 7 YEARS, person
presumed dead for all
purposes except for
those of opening
succession
b. 10 YEARS, person
presumed dead for
purposes of opening
succession except if he
disappeared after the
age of 75, in which
case, a period of 5
years is sufficient
c. 4 YEARS, person
presumed dead for
purposes of remarriage
of the spouse present

For all purposes

including those of
opening succession, a
period of 4 YEARS, and
for purposes of
remarriage of the
spouse present, a
period of 2 YEARS, is
sufficient under the
following
circumstances:
a. person on board a
vessel lost during a sea
voyage or an aeroplane
which is missing;
period is counted from
the loss of the vessel
or aeroplane
b. person in the armed
forces who has taken
part in war

c. person in danger of
death under other
circumstances and his
existence has not been
known