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Critical areas from Dean Albano: -middle name of adopted: biological

Persons mother (for purposes of successional


Art. 14, 15, 16, 17 rights)
*nationality theory Property:
*domiciliary theory -machinery (immovable by destination
Art. 40,41 xcp when lessee attached it; xcpn to the
Family xcpn: if there is a contract that owner will
Memorize essential and formal req of own the machinery attached)
marriage - bodega: anything that is attached to the
Strict Standard Test- test used before court land with permanence (immovable)
can declare a presumptive death -painting-movable xpn if attached with
-purpose: protect state, present spouse permance in a wall
(possibility of bigamy) , and sanctity of -finder by chance: owner of hidden treas
marriage prov he is not an intruder to the land.
- grounds for legal separation: try to -rosales case: owner is presumed to know
memorize the metes and bound of his property xpn if
-art. 76 possible area for situation he does not know the location of the prop
-art 84 -art. 449[if attachment was made by a
-art 94 and 121 lessee: 100% owned by the lessor because
-art 96 a lessee can never be a builder in good
-memorize Art 117 faith] vs art. 1678 [if lessee made
(Possible for enumeration) improvements to the property: 50%
-art 147, 148 reimbursemnt should be made by the
-family home: a waivable defense in lessor. Reason: to prevent from improving
attachment/levy situation, must be raised out the lessor]
at 1st opportunity; cannot be paritioned -art. 495 and 498
for at least 10 years after the death of one -quieting of title
of the spouse or if there is still a minor -art. 533: Principle of Tacking Possession
living therein -art. 559: in a case where the owner A sold
-art 172 books to B. B issued check to A for
-art 166 payment. B then sold the books to C.
-birth certificate cannot be used as an Later on The check issued by B to A
evidence in filiation cases however, it can bounced. Can A use art 559 in recovering
be admitted when it is backed up with his books to C?
evidence aliunde Ans. No. He was not unlawfully deprived
-art 213 because there was payment made to him
-special parental authority despite the fact that it bounced. His
-deep pocket rule (possible for definition): remedy is to rescind the contract to B and
it means that if a child is already file replevin for the return of the books.
emancipated (18-21) but still dependent Contrast this case to the Case where a
and living with his parents committed an casino chip was paid; the owner of the
act which causes damage to another; chips were forced by the guards of the
parents are liable despite the emancipation casino to return the chips. Here he was
of the child unlawfully deprived. Art. 559 applicable
-adoption (foreigner and filipino that are in this case.
married must adopt jointly) -usufruct (try to memorize extinguishment
of usufruct) D) legal capacity of persons
-distinguish apparrent from non apparrent; WHAT:
continuous from discontinuous easements
SHALL BE BINDING UPON CITIZENS
OF THE PHIL. Even though living
abroad.

Succession ART. 16
-art. 804, 805, 806
-liberality principle (substantial WHAT: Real property as well as Personal
compliance) Property is subject to the law of the
-3 instrumental witness rule country where it is situated
-Tender Care Rule: if defect is not fatal to
the will tender care must be given by the XPN:
court to the will because a will is the voice
of the testator even after his death. GOVERNING LAW:
The national law of the person whose
succession is under consideration:
INTESTATE AND TESTAMENTARY
SUCCESSIONS
Both with respect to the:
1. Order of succession and
Critical areas from Dean Albano:
2. Amount of successional rights
Persons
3. Intrinsic validity of testamentary
ART. 14
provisions
WHAT:
Penal laws and those of public security
and safety shall be OBLIGATORY
WHO: Upon ALL who live or sojourn in
the Philippine Territory. ART. 17
LIMITATION: GOVERNING LAW:
Subject to the - Laws of the country in which they are
executed.
A. principles of public international law
and WHAT:
B. Treaty stipulations A. Forms and solemnities of contracts
B. Wills, and
ART. 15 C. Other public instruments
Laws relating to the:
A) family rights and duties or
B) status, WHAT:
C) condition and If the acts referred are executed before the
diplomatic or consular officials of the Less than 7mos.:
Republic of the Philippines.
If alive within Fetus deemed born
24hrs., after its
EFFECT: complete delivery
The solemnities established by Philippine Less than 7 mos.:
Laws shall be observed in their execution.
If it dies within Fetus not deemed
24hrs. After its born
complete delivery.
WHAT:
1. Prohibitive Laws concerning persons,
their acts or property and
Family
2. Those which for their object Public essential Requisites of marriage
Order, Public Policy, and Good Customs
1. Legal Capacity of both the
EFFECT: contracting parties who must be male
It shall not be rendered ineffective: and female
A. by laws or 2. Consent freely given in the presence of
B. judgments promulgated, or the solemnizing officer.
C. By determinations or conventions
agreed upon in a foreign country. FORMAL REQUISITES:
1. Authority of the solemnizing officer
*nationality theory 2. Valid marriage license
3. Marriage ceremony which takes
*domiciliary theory place with the appearance of the
contracting parties before the
solemnizing officer and their personal
Art. 40 declaration that they take each other as
Birth determines personality; but the HW.
conceived child shall be considered born STRICT STANDARD TEST-
for all purposes that are favorable to it.
A test used by the Court before the latter
can declare a presumptive death of the
person.
ART. 41 -purpose: protect state, present spouse
For civil purposes, (possibility of bigamy) , and sanctity of
marriage
the fetus is considered BORN if its is alive
at the time it is completely delivered from
the mothers womb. - grounds for legal separation:
1. Repeated physical violence or Grossly
abusive conduct directed against the
FETUS WITH INTRA-UTERINE LIFE
petitioner, common child, or a child of the
petitioner.
2. Purpose: Compulsion to change
religious or political affiliation LIMITATION:
2.1 Physical violence or 1. RECONCILIATION
2.2. Moral pressure 2. AGREEMENT TO REVIVE
3. ABANDONMENT
3. 4. JUDICIAL SEP OF PROP
3.1 Attempt to corrupt or induce to engage 5. JOINT PETITION FOR VOLUNTARY
in prostitution DISSOLUTIONOF ACP
3.2 Connivance in such corruption or
inducement -art 84
4. Final judgment sentencing the -art 94 and 121
respondent to IMPRISONMENT of more -art 96
than 6Y, even if pardoned. -memorize Art 117
5. ADDICTION (Possible for enumeration)
-art 147, 148
5.1 Drug Addiction -family home: a waivable defense in
5.2 Habitual alcoholism attachment/levy situation, must be raised
at 1st opportunity; cannot be paritioned
for at least 10 years after the death of one
6. SEXUAL PREFERENCE of the spouse or if there is still a minor
6.1 Lesbianism living therein
6.2 Homosexuality -art 172
-art 166
-birth certificate cannot be used as an
7. Contracting a subsequent bigamous evidence in filiation cases however, it can
marriage, (in PH or abroad) be admitted when it is backed up with
evidence aliunde
-art 213
8. -special parental authority
8.1 Sexual Infidelity or -deep pocket rule (possible for definition):
8.2 Perversion; it means that if a child is already
emancipated (18-21) but still dependent
and living with his parents committed an
9. Attempt by respondent against the life act which causes damage to another;
of petitioner parents are liable despite the emancipation
10. Abandonment of P by R w/o of the child
justifiable cause for more than 1Y. -adoption (foreigner and filipino that are
married must adopt jointly)
-middle name of adopted: biological
-art. 76 possible area for situation
mother (for purposes of successional
ANY MODIFICATION OF MS MAY BE rights)
VALID, IF SUCH MODI WAS MADE
BEFORE THE CELEBRATION OF
MARRIAGE

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