MARRIAGE
I. ESSENTIAL Requisites (A2)
1. Legal capacity (A5)
2. Consent
RIGHTS (A69;73)
Obl. (A68)
DEFECT
VOIDABLE (A45-47)
ABSENCE
VOID [A35(1-6);36,37,38,44,53]
IRREGULARITY
VALID
LEGAL SEPARATION
Grounds for Petition
for LS (A55)
Effects of filing
Petition for LS
(A61)
Grounds for Denial of
Petition for LS (A56)
Action for LS
(A57-60)
Effects of LS
Decree (A63-64)
Reconciliation (A65)
EFFECTS (A66)
EXCEPTION (A66)
PROPERTY
RELATIONS
BETWEEN
HUSBAND &
WIFE
PROPERTY RELATIONS:
1. MS
2. FC
3. Loc. Customs
1. In writing
2. Signed by
parties
3. Executed before
marriage
Phil. Laws
Exceptions: (Art. 80)
H&W aliens
Properties outside RP
DONATIONS
PROPTER
NUPTIAS (Art. 82)
1. made before the
marriag
2. in consideration of
e
3. in favor of 1 or both of the future
spouses
I.
FORECLOSURE SALE
donee
Donee
DONATIONS DURING
MARRIAGE
1. Between H&W
VOID
2.
REVOCATION OF DONATION
PROPTER NUPTIAS
I.
MARRIAGE
1. not celebrated
2. Judicially declared
void
3. w/o parental/guardian
consent
4. Annulled, donee in BF
PROPERTY REGIME OF
VALID MARRIAGES
ACP
I.
II.
III.
CPG
Separate
Prop.
Regime
ABSOLUTE COMMUNITY
PROPERTY
1. Co-ownership (Art. 90)
2. All properties at the time of marriage
& acquired thereafter (Art. 91)
CONJUGAL PARTNERSHIP
OF GAINS
1.
2.
3.
SEPARATION OF PROPERTY
REGIME
1.
2.
3.
4.
5.
Agreed by H&W in MS
Present or future prop.; total or partial;
prop. not separate belong to ACP
(Art. 144)
Each spouse own, dispose of, possess,
administer, enjoy, HIS/HER prop. W/O
consent of other spouse; to each spouse
belongs all earnings (Art. 145)
BOTH bear family expenses in proportion
to their income; insufficient
current
market value of separate prop.
Liability to creditors for family expenses
SOLIDARY
PROPERTY REGIMES OF
UNIONS WITHOUT MARRIAGE
CO-OWNERSHIP
Art. 147
Art. 148
ACTUAL JOINT
CONTRIBUTION of money,
property or industry in the
acquisition of properties
OBLIGATIONS OF ACP/CPG
(ART. 94/121)
1.
2.
3.
4.
ADMINISTRATION OF
ACP/CPG
1.
2.
disposition VOID
TERMINATION OF ACP/CPG
(ART. 99/126)
1.
2.
3.
4.
ACP/CPG
Death of either spouse
liquidated in estate proceedings; judicial or
extra-judicial liquidation w/n 1 year from
death of spouse
* NO LIQUIDATION
a). disposition/encumbrance VOID
b). mandatory regime of COMPLETE
SEPARATION OF PROPERTY of
subsequent marriage (Art. 103/130)
Decree of legal separation
Marriage annulled or declared void
Judicial separation of property during the
marriage under Arts. 134-138
LIQUIDATION OF ACP/CPG
(ART. 102/129)
1.
2.
3.
4.
5.
6.
EXCEPTIONS
1.
2.
3.
4.
Administration of Exclusive
Property Transferred to ONE
SPOUSE if ONE SPOUSE: (Art. 142)
1. becomes guardian of the other
2. judicially declared an absentee
3. sentenced to penalty of civil
interdiction
4. becomes fugitive from justice/is in
hiding as an accused in crim. case
* SPOUSE NOT QUALIFIED
court
shall appoint SUITABLE person as
administrator
SEPARATION OF PROPERTY OF
SPOUSES DURING MARRIAGE
3.
4.
5.
6.
Art. 134
VOLUNTARY
DISSOLUTION
(Arts. 136-140)
1.
Joint Petition
of Spouses
for Revival of
FORMER
Prop. Regime
2.
3.
* NO voluntary separation
of prop may thereafter be
granted (Art. 141)
FAMILY
RELATIONS
3. Among ascendants/descendants
Art. 152/153.
FAMILY HOME
2. BENEFICIARIES of FH
a. H&W or an unmarried head of the
family
6. EXECUTION OF FH
Judgment in favor of creditor not one
of those in Art. 155 and FH worth >
than Art. 157
execution - lowest
bid as provided in Art. 157 and
applied in said Art. 157, then to
liabilities under the judgment and
costs; EXCESS - judgment debtor
(Art. 160)
Comprises everything
indispensable for sustenance,
dwelling, clothing, medical
attendance, education and
transportation, in keeping
with the financial capacity of
the family. (Art. 194)
PARENTAL AUTHORITY
1. Parental authority/responsibility
may NOT be renounced/transferred,
except in cases authorized by law
(Art. 210)
ORPHANAGE
Unless
subsequently
revived by
a final
judgment
(Art. 229)
PATERNITY
AND
FILIATION
FILIATION
May be by NATURE
or by ADOPTION
Inter-Country Adoption
Act of 1995 (6/7/95)
Domestic Adoption Act
of 1998 (2/25/98)
LEGITIMATE CHILDREN
ILLEGITIMATE CHILDREN
LEGITIMATED CHILDREN
ADOPTION
a. of legal age
b. with full civil capacity
and legal rights
c. of good moral character
d. not convicted of a crime involving moral
turpitude
e. emotionally and psychologically capable of
caring for children
f. in a position to support and care for his children
in keeping with the means of the family
g. at least 16 years older than adoptee
> 16-year-gap between adopter and adoptee may
be waived if:
a. Adopter is the biological parent of adoptee
OR
b. Adopter is the spouse of the adoptees
parent
2. Any alien
WHERE TO
FILE PETITION?
PUBLICATION:
6-month trial
custody period
MUST be completed,
unless alien adopter
falls under Sec. 7(b).
Adoption Decree
EFFECTS OF ADOPTION:
1. Except where biological parent is the spouse of
the adopter, all legal ties between biological
parent(s) and adoptee shall be severed and
parental authority shall be vested on the
adopter(s).
2. Adoptee shall be considered the legitimate
child of the adopter(s) entitled to all the rights
and obligations provided by law to legitimate
children, w/o discrimination of any kind;
adoptee entitled to love, guidance and support
in keeping with the means of the family
3. In legal and intestate succession, adopter(s)
and adoptee shall have reciprocal rights of
succession, without distinction from legitimate
filiation. Law on testamentary succession shall
govern if adoptee and his biological parent(s)
left a will.
RESCISSION OF
ADOPTION
Who may petition rescission of
adoption?
EFFECTS OF RESCISSION OF
ADOPTION
INTER-COUNTRY ADOPTION
ACT (R.A. 8043)
WHERE TO FILE
APPLICATION?
RTC of the RP having
jurisdiction over the child OR
with the Board, through an
intermediate agency, whether
governmental or an
authorized/accredited agency,
in the country of the
prospective adoptive parents.
FAMILY SELECTION/MATCHING
No child shall be matched to a foreign adoptive
family unless it is satisfactorily shown that the
child cannot be adopted locally.
Adoptive parents, or any one of them, shall
personally fetch the child in the Phil.