Monday, September 2, 2013

Persons and Family Relations Lecture Notes I

Important Notes to Remember
Who are covered by the mandatory publication requirement
as provided in Article 2 of the Civil Code? (PLACCCE)
P = Presidential Decrees
L = Laws referring to all statutes
A = Administrative rules and regulations
C = Charter of a city
C = Circulars by the Monetary Board
C = Circulars which prescribes a penalty
E = Executive orders
Who are NOT covered by the mandatory publication
requirement as provided in Article 2 of the Civil Code? (ILM)
I = Interpretative statutes
L = Laws referring to all statutes
M = Municipal ordinances
What are the kinds of laws which allow retroactive
application? (PPUT NICE) (Art. 4)
P = Procedural or remedial laws
P = Penal laws favourable to the accused
U = Unless it is otherwise provided
T = Tax laws which expressly declared or is clearly the
legislative intent
N = New rights (Laws creating new rights)
I = Interpretative statutes
C = Curative or remedial statutes
E = Emergency laws
Exception to the exception: (EI)
E = Ex post facto laws
I = Laws that impair obligations of contracts
What are the laws that allow execution against the provisions
of mandatory or prohibitory laws? (Art. 5) PAVE
P = Law that makes the act valid but punishes the violator
A = Authorizes its validity
V = Law that makes the act voidable
E = Recognizes the validity of the act but recognizes
its effects as legally existing
What are the requisites of a valid waiver? (Art. 6) (CUE- CF)
C = Full capacity to make a waiver
U = Must be unequivocal
E = Must exist at the time being waived
C = Must not be contrary to public law, public policy, good
customs, prejudicial to a third person
F = When formalities are required, the same must be
complied with.
What are the exceptions to waive a right? (C-PEN)
C = Waiver is contrary to law
P = Waiver is prejudicial to a third person without a right
recognized by law.
E = Alleged rights which really do not exist yet
N = If a right is a natural right
What are the requisites to make a custom an obligatory rule?
(PPTO)
P = Plurarity or repetition of acts
P = Practiced by the great mass of the social group
T = Continued practice for a long time
O = Obligatory upon all, customs accept it as a proper way

What laws are considered as exceptions to the territoriality

rule of a law? (TPP)
T = Treaty stipulations
P = Laws on preferential application
P = Principles of public international law
What are the elements of abuse of right? (LBP)
L = Existence of a legal right and duty
B = Exercised in bad faith
P = The intent is to prejudice or injure another.
What are acts contra bonus mores or acts against good
morals? (LCI)
L = There is a legal act
C = Which is contrary to morals, good customs, public order
I = Done with an intent to injure
What are the requisites for unjust enrichment? (EJLA)
E = Defendant has been enriched
J = Enrichment is without just cause
L = Plaintiff has suffered a loss
A = He has no other action based on contract, quasi- contract
or crime on quasi- delict
What are different independent civil actions granted by law?
(CDQR)
C = Breach of constitutional right
D = Defamantion, fraud
Q = Quasi- delict
R = Refusal or failure of city or municipal police to give
protection.
What are the acts against human dignity? (PMIV)
P = Prying into the privacy of anothers residence
M = Meddling with or disturbing the private life of another
I = Intruiging to cause another to be alienated from friends
V = Vexing or humiliating
Who are the persons authorized to solemnize marriage?
(PMJCCC)
P = Priest, rabbi or imam
M = Municipal/ city mayors
J = Judiciary members
C = Commanders of military unit
C = Consul- generals, vice consuls
C= Ship captains or airplaine chief
Marriages exempt from license requirement? (MOLAR)
M = Muslims or members of ethnic cultural communities
O = Solemnized outside the Philippines
L = Husband and wife who lived together for 5 years
A = In articulo mortis
R = Remote places
What are authorized venues for marriage? (CCC)
C = Chambers of judge or open court
C = Church, chapel or temple
C= Consul- general office
What are the requisites for psychological incapacity?
J = Juridical antecedence
I = Incurability
G = Grave and serious

C = Civil interdiction
What are the essential elements of psychological incapacity?
(MAFFCCI)
M = Mental condition
A = Applies to a person contracted to another
F = Failure to perform/ comply with essential obligations of
marriage
F = Failure to perform is chronic
C = Cause is psychological
C = Cause is serious
I = Incapacity results in failure of marriage
What are the jurisprudential guidelines for psychological
incapacitated? (PROBEPIG)
P = Permanent or incurable
R = Root cause must be clinically indentified and alleged
O = Obligations referred to in Article 68 71
B = Burden of proof
E = Existing
P = Permanent or incurable
I = Interpretations of National Appellate
G = Grave enough
What are examples of incestuous marriage? (C-KAAAPSSS)
C = Collateral blood relatives
K = Killed the latter spouse
A = Adopting parent and adopted child (AP AC)
A = Adopted child and legitimated child of the adopter (AC
LC)
A = Adopted children of the same adopter (AC AC)
P = Parents- in- law and children- in- law
S = Surviving spouse of the adopting parent and the adopted
child
Who can now marry each other? (LSGCA)
L = Brothers-in- law, sisters-in-law
S = Stepbrother and stepsister
G = Guardian and ward
C = Parties convicted of adultery
A = Adopted and the illegitimate child
Essential requisites of marriage (LC)
L = Legal capacity of contracting parties (18 yrs old and
above and not under any legal impediment)
C = Consent freely given in presence of solemnizing officer
What are the formal requisites of marriage? (ALM)
A = Authority of the solemnizing officer
L = Valid marriage license
M = marriage ceremony where the contracting parties
appear.
What are the requisites for judicial declaration of nullity of
marriage when it comes to missing spouse? (JAB)
J = Judicial declaration of presumptive death
A = Absence of spouse for 4 years, 2 years if there is danger
of death
B = Well- founded belief that the missing spouse is dead
Certain restrictions on the capacity to act? (Do not exempt the
incapacitated person from certain obligations) Art. 38. MID- PC
M = Minority
I = Insanity or imbecility
D = Deaf- mute
P = Prodigality

Modifications and limitations on capacity to act (FIIITPPAAAD)

F = Family relations
I = Insanity
I = Imbecility
I = Insolvency
T = Trusteeship
P = Penalty
P = Prodigality
A = Age
A = Alienage
A = Absence
D = Deaf- mute
What are the grounds for annulment? FFIINS
F = Force
F = Fraud
I = Incapability to consummate
I = Insanity
N = Non- consent of the contracting parties
S = Sexually transmissible disease
What are the grounds for legal separation? SAMBALIPAD
S = Sexual indifelity
A = Attempt of the respondent to induce petitioner, a
common child, or a child of the petitioner to engage in
prostitution, or connivance in such corruption or inducement.
M = Moral pressure to compel other to change religious or
political belief
B = Subsequent bigamous marriage
A = Attempt of the respondent against the life of petitioner
L = Lesbianism or homosexuality
I = Imprisonment of more than 6 years
P = Repeated physical violence
A = Abandonment of the petitioner
D = Drug addiction
What are the grounds for denial of petition for legal
separation? CCCCMPDR
C = Condonation of offense
C = Consent to commit a crime
C = Connivance of both parties
C = Collusion
M = Mutual guilt
P = Prescription (within 5 years only)
D = Death of either party
R = Reconciliation
What are the effects of filing petition for legal separation? LDS
L = They must live separately
D = Designate husband, wife or 3rd person to administer
absolute community or conjugal partnership property
S = No right to sexual intercourse
What are the rights and obligations between husband and
wife? JL-FORM
J = Joint responsibility
L = Live together
F = Fix the family domicile
O = Observe mutual love
R = Render mutual help
M = Joint management of household

Source: San Beda Memory Aid Reviewer

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