(as amended)
- special contract
- Permanent union
- Between man and woman
- Entered into an accordance with law
- For the establishment of conjugal and
family life
Aspects : -- 1. as a contract :
- only man and woman can enter
- permanent- only death can extinguish
- rights and obligations not subject to
stipulations but fixed by law
except- marriage settlement on
property regime.
- breach results in penal and civil sanctions.
As a status-
- inviolable social institution
- foundation of family
- institution of public order or policy
- implication in two fields-
personal rights
property relations
Requisites :
-essential-
Ex:
-lack of parental consent
-consent obtained by fraud
-consent obtained by force
Irregularity in formal req. – marriage valid, but party
responsible shall be civilly, criminally and
administratively liable.
Examples-
- marriage license not applied for in place specified
- marriage license signed by mere employee of LCR
with his authority, if without void
- 10 day posting not complied with
- no requirements on parental advice, marriage
counseling or family planning seminar
- no witness to marriage.
Validity of marriage license- 120
days from issuance, can be used
anywhere in the country –
- automatically cancelled if not
used upon the expiration of
expiry date stamped on face of
marriage license.
Marriage certificate- not an essential
or formal req. but best proof of
marriage
Copies to be given as follows :
-original to the parties
-duplicate and triplicate to the LCR of
place of marriage within 15 days after
marriage
-quadruplicate- retained by the officer
2. In December 2000, Michael and Anna, after obtaining a valid
marriage license, went to the Office of the Mayor of Dagupan
City to get married. The Mayor was not there, but the Mayor’s
secretary asked Michael and Anna and their witnesses to fill up
and sign the required marriage contract forms. The secretary
then told them to wait, and went out to look for the Mayor who
was attending a wedding in a neighboring municipality. When
the secretary cannot find the Mayor, he requested the Vice-
Mayor to celebrate the marriage. Thereafter, Michael and Anna
had three sons.
[b] What is the status of the three children of Michael and Anna?
Explain your answer.
Marriages solemnized outside country- valid
there as such shall also be valid in this country,
except :
article 35 (1) no legal capacity to get married
(4) bigamous or polygamous
(5) consent lacking because of mistake
in identity of the other
Article 36- party psychologically incapacitated
Article 37- incestuous marriage
Article 38- marriage void by reason of public
policy
Divorce obtained by a foreigner-
spouse, the Filipino spouse shall
likewise have the capacity to
remarry under Philippine law.
(E.O. No. 227, july 17,1987)
In the case of Republic vs Orbecido III, (472 SCRA 114),
the Court held that in applying the provision of the 2nd
par. of Article 26 FC, the reckoning point is not the
citizenship of the divorcing parties at birth or at the
time of marriage, but their citizenship at the time a
valid divorce is obtained abroad by the alien spouse
capacitating him or her to remarry.
1. lack of age
2. no authority to solemnize- except either or
both believed
3. No marriage license, except provided by law
4. bigamous/polygamous marriages
except contracted in case spouse had been absent
for four years or two years, and present spouse
has a well-founded belief that absent spouse was
already dead.
4. contracted through mistake of
one party as to the identity of the
other
Order :
a- from community property
b- income or fruits of separate property
C- separate property of spouses
(proportionate to their properties, but to
creditors, solidarily liable).
Management of household- right and duty of both (article
71) expenses to be paid in the same order as in support
Governed By :
1.marriage settlement
2.family code
3. local customs (ARTICLE 74)
Property regimes (article 75)
1. absolute community
2. conjugal partnership gains
3. complete separation of property
4. combination of the above regimes
5. any other regimes, like dowry system
6. in case of void regime- governed by absolute
community.
Q. A, married B, a very rich woman. When B
died, A claimed ½ of the properties of B on the
basis of a public instrument executed by A and
B whereby all their separate properties were
converted into conjugal properties. Is the claim
valid?
Ans. The claim is not valid.
direct-void
indirect- void (where spouses is the
presumptive heir of donee)
except : moderate gifts on family
rejoicings.
PROCEDURES :
Elements :
PROCEDURES :
Elements-
1. two or more marriages contracted by the same
person.
2. marriages contracted before the effectivity of this
code
3. liquidation carried out simultaneously
rules-
1.respective capital, fruits, and income of each
partnership shall be determined, upon proof
allowed under the rules of evidence
1. CIVIL INTERDICTION
2. ABSENTEE(JUDICIAL)
3. LOSS PARENTAL AUTHORITY (court decree)
4. ABANDONMENT OF SPOUSE
5. FAILURE TO COMPLY WITH MARITAL
OBLIGATION IN 101-marital, parental and
property obligations.
6. ABUSE OF POWER ADMINISTRATION
7. SEPARATION IN FACT FOR 1 YEAR AND
RECONCILIATION HIGHLY IMPROPABLE.
VOLUNTARY SEPARATION OF PROPERTY :
Rules-
1. joint petition (verified)
2. creditors of community and personal notified
3. creditors of community and personal listed
4. court takes measure to protect creditors or persons with
pecuniary interests
5. once decreed, liquidation of community property
6. During, pendency, community pays for support of sp and
separation of property applies.
7. After dissolution, provisions on complete separation of
property applies
8. Petition and decree shall be registered in the local civil
registry
9. Separation of property of spouse shall not prejudice
rights previously acquired by creditors
REVIVAL OF THE PRIOR PROPERTY REGIME : BY FILING A
PETITION IN THE SAME COURT DECREE WAS ISSUED IN
THE FOLLOWING CASES :
1. civil interdiction terminates
2. absentee reappears
3. court satisfied spouse will not again abuse
administration
4. spouse returns to resume common life
5. parental authority judicially restored
6. spouses absent for one year returns
7. after decree, spouse voluntarily agree to revival
of the former regime (no voluntary separation
may thereafter be granted).
ADMINISTRATION OF EXCLUSIVE PROPERTY OF
SPOUSE TRANSFERRED TO OTHER :
FIRST GROUP:
1. CAPACITATED TO MARRY
2. LIVE EXCLUSIVELY WITH EACH OTHER AS H AND W
3. WITHOUT BENEFIT OF MARRIAGE
SECOND GROUP :
Living together under a void marriage
With previous valid marriage
RULES ON PROPERTY RELATIONS :
1. wages and salaries owned by both in equal shares. Irrespective of
who is earning.
POLICY- (149)
by nature: legitimate
illegitimate
FILIATION-
Illegitimate children may establish their illegitimate filiation in
the same way as legitimate children
NOTE :
Person with children can adopt
Adopter or adopted may be single or married
Age difference is to assure maturity
WHO MAY NOT ADOPT ?
1. guardian with respect to ward before the final
account of guardianship is approved
2. those convicted of crime involving moral turpitude
3. alien
except- a- former Filipino adopting relatives by
consanguinity
b- adopting the legitimate child of Filipino
spouse
c- married to a Filipino citizen and jointly
adopting relative by consanguinity of the latter
(adoption of illegitimate child of Filipino spouse)
exception to exception- inter- country adoption
HUSBAND AND WIFE MUST JOINTLY
ADOPT :
Except-
1. spouse adopts his illegitimate child,
with the consent of the other spouse
2. spouse adopts the legitimate child of
the other, in which case, exercise joint
parental authority.
3. if the spouse are legally separated from
each other. (Sec. 7, RA 8552)
WHO MAY NOT BE ADOPTED?
I. PERSON OF AGE
Except-
a- child by nature of the adopter or
by the spouse
b- prior to adoption, considered
and treated as child during
minority
2. alien with no diplomatic relation
3. person already adopted , unless
revoked or rescinded
WHOSE CONSENT IS NEEDED ?
1. child to be adopted if 10 years or over
2. parent by nature of adopted
3. children of adopter, if 10 yrs over
4. illeg. Children of adopter, if 10 yrs over and living with
adopter
5. spouse of adopter
6. spouse of person to be adopted
NOTE :
consent of parent who abandoned child is not necessary.
If both parents abandoned the child to be adopted, then
consent of those exercising substitute parental authority is
needed
In Landingin vs Republic, 493 SCRA 415,
the Court held that the written consent of
the biological parents is indispensable for
the validity of a decree of adoption. The
Court explained that the natural right of a
parent to his child requires that his consent
must be obtained before his parental rights
and duties may be terminated and re-
established in the adoptive parents.
If the written consen of the biological
parents cannot be obtained, the
written consent of the legal guardian of
the minors will suffice. If it is claimed
that the biological mother of the minor
had indeed abandoned them, the
written consent of their legal guardian
must be adduced. (Landingin vs
Republic)
Prior to the amendment introduced by RA
9523 (effective 2009), the declaration of a child
as legally available for adoption may be had
either judicially or administratively. With the
amendment introduced by RA 9523, only the
DSWD now has the sole authority to issue the
certification declaring a child legally available
for adoption. Such certification that a child is
legally available for adoption shall be issued by
the DSWD in lieu of a judicial order, thus
making the entire process administrative in
nature.
In addition, the amendatory law
provides that such certification shall be,
for all intents and purposes, the
primary evidence that the child is
legally available in a domestic adoption
proceeding (as provided in RA 8552 or
the Domestic Adoption Act) and in an
Inter-country adoption proceeding (as
provided in RA 8043 or the Inter-
Country Adoption Act).
EFFECTS OF ADOPTION :
1. Art. 229-
upon adoption of child adopted by another
upon appointment of judicial guardian
judicial declaration of abandonment
final judgment divesting parental authority from adopters
judicial declaration of absence or incapacity of person exercising parental authority
Requisites-
a- Child Study Report
b- Birth Certificate or foundling certificate
c- deed of voluntary commitment or decree of
abandonment or death certificate of parents
d- recent photo of child
WHO MAY ADOPT
b- if CONJUGAL PARTNERSHIP-
1- separate property
2- if insufficient-conjugal property
But deduct from share of spouse upon
liquidation
Brothers or sisters- from separate
property of spouse
- If insufficient-from absolute or
conjugal property if financially
capable.
-
SUPPORT DURING PROCEEDING FOR
LEGAL SEPARATION, ANNULMENT OF
MARRIAGE OR DECLARATION OF NULLITY
OF MARRIAGE:
1. surviving grandparent
2. oldest brother or sister, over 21 years of
age, unless disqualified
3. child’s actual custodian, over 21 of age,
unless unfit or disqualified. (216)
IN CASE OF FOUNDLINGS , ABANDONED,
NEGLECTED OR ABUSE CHILDREN –(217)
Substitute parental authority shall be
entrusted to –
=
PARENTAL AUTHORITY OVER PROPERTY OF
CHILDREN (225)
Father and mother shall jointly exercise legal
guardianship over the property of their
unemancipated common children without
necessity of court appointment.