CHAPTER XII RULES ON STATUS IN GENERAL FACTUAL SITUATION 1. Beginning of personality of natural person 2.

Ways and effects of emancipation 3. Age of majority 4. Use of names and surnames 5. Use of titles of nobility 6. Absence 7. Presumption of death and survivorship POINT OF CONTACT 1. National law of the child (Art. 15, Civil Code) 2. National law (Art. 15) 3. National Law (Art. 15) 4. National Law (Art. 15) 5. National Law (Art. 15) 6. National Law (Art. 15) 7. Lex Fori (See Arts. 43, 390, 391, Civil Code; Rule 131, Sec. 5(jj), Revised Rules of Court

In General The status of a person depends on his national law. ARTICLE 15 CIVIL CODE. Laws relating to family rights and duties, or to the legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. The Beginning of Personality of Natural Persons ARTICLE 40. CIVIL CODE. Birth determines personality, but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. ARTICLE 41. CIVIL CODE. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mothers womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. Comment: Personality does not begin at birth, it begins at conception (this is called presumptive personality). It is of course essential that birth should occur later, otherwise the fetus will be considered as never having possessed legal personality. TWO KINDS OF CHILDREN: a. Ordinary with an intra-uterine life of at least seven months. Mere birth is sufficient here. b. Extraordinary if the intra-uterine life be less than seven months. Here, the child must have lived for at least 24 hours after its complete delivery from the maternal womb. Note: Articles 40 and 41 of the Civil Code apply only to Filipino babies. If the child be a foreigner, the beginning of its personality depends upon its national law. Q: Can one donate property to a fetus of a Filipino couple? A: Yes, because allowed by Articles 40 & 41, NCC. Q: How about if the parents of the fetus are Chinese? A: It will now depend on the national law of the child. Ways and Effects of Emancipation governed by NATIONAL LAW Titles of Nobility The right to use a title of nobility depends upon the national law of the individual concerned. An Englishman who may have such a title, is allowed to use the same in our country, but if he applies for Philippine naturalization, he must renounce any hereditary title or order of nobility he possesses for the same is not allowed under Philippine laws.

However, such prohibition is not without its share of exceptions. Thus, under the 1987 Constitution, a public official may be conferred with a foreign title of nobility provided Congress agrees. (Article VI, Section 31, Constitution) Absence Q: A, a Filipina is married to B, a Zimbabwean. They are domiciliaries of the Philippines. The latter has been absent for four years. Assuming that the law on absence on Zimbabwe is that a person may be declared absent after a disappearance of ten years. Considering that in the Philippines B can now be declared absent, can A go to court and petition that her husband be declared absent? A: No. Absence being a legal status of a person who disappears from his domicile, his whereabouts being unknown is naturally governed by hi National LAW. Considering that Zimbabwean laws prescribe for ten years before one can be considered absent, A must still wait for the lapse of ten years before she can petition the court for a declaration of absence. Presumptions of Death and Survivorhip Q: Why is death/ survivorship governed by lex fori?

A: This is because in certain cases, there may be a burden of proof. And when a question of evidence is involved, it is procedural.

CHAPTER XIII MARRIAGE AS A CONTRACT

Outline: Marriage as a contract I. Intrinsic or Substantive Validity *capacity *content *possible impediments 2. Extrinsic/Formal validity Marriage: Christian viewpoint marriage is a union of one man with one woman or the reciprocal blessings of a domestic life, and for the birth, rearing and education of children. Legal viewpoint marriage is 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. Two Aspects of Marriage 1. 2. It is a CONTRACT It is also a STATUS, a LEGAL RELATION

Synopsis of the Rules on Marriage as a Contract FACTUAL SITUATION 1. If celebrated abroad a. between Filipinos POINT OF CONTACT 1. a. Lox loci celebrationis without prejudice to the exceptions under Arts. 26, 35 (1), (4), (5) and (6), 36, 37 and 38 of the Family Code (bigamous, polygamous and incestuous marriages) and consular marriages b. Lex loci celebrationis except if the marriage is: 1) highly immoral (like bigamous and polygamous marriages); or 2) universally considered INCESTOUS, i.e., between brothers and sisters (whole or half-blood, whether the relationship is legitimate or illegitimate) and between ascendants and descendants. c. mixed 2. if celebrated in the Philippines a. between foreigners 2. a. national law (Art. 21) provided the marriage is not highly immoral or universally considered incestuous b. national law of the Filipino (otherwise public policy may be militated against) 3. lex loci celebrationis (with prejudice to the foregoing rules) c. apply (1-b) to uphold the validity of the marriage

b. between foreigners

b. mixed

3. Marriage by proxy (NOTE: A marriage by proxy is considered as celebrated where the proxy appears)

I INTRINSIC/SUBSTANTIVE VALIDITY A. BETWEEN FOREIGNERS ABROAD: * * 1. LEX LOCI CELEBRATIONIS EXCEPTIONS: Highly Immoral a. b. 2. bigamous marriage polygamous marriage

Universally considered incestuous a. between brothers and sisters whether of the full or half blood, whether legitimate or illegitimate between ascendants and descendants whether the relationship be legitimate or illegitimate

b. Q:

If a Turk brings to the Philippines four wives to all of whom he got married validly in Turkey, should we recognize as valid all four marriages? We distinguish: For cohabitation purposes, only the first wife will be recognized as legitimate, the rest will be deemed mere concubines (Art. 334, RPC) For the purpose of determining successional rights to the estate of the husband in case of death, all the wives should be regarded as legitimate.

A:

B.

BETWEEN FILIPINOS ABROAD: * * 1. 2. 3. 4. 5. ARTICLE 26, FC LEX LOCI CELEBRATIONIS EXCEPTIONS: When one party lacks LEGAL CAPACITY BIGAMOUS OR POLYGAMOUS marriages Those contracted through MISTAKE of one contracting party as to the IDENTITY of the other Those SUBSEQUENT MARRIAGES that are VOID under Article 53, FC. When one party is PSYCHOLOGICALLY INCAPACITATED

* Two Filipinos got married in Malaysia. There, psychological incapacity does not render the marriage void. When they come back in the Philippines, they can still have their marriage declared null and void the rule that when the marriage is valid in the place of celebration shall also be valid here in the Philippines DOES NOT APPLY. (Because 1 of the exceptions yan! Gets?) 6. INCESTUOUS marriages

7.

Marriages that are against PUBLIC POLICY

ARTICLE 26, FAMILY CODE: All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38. Where 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 capacity to remarry under Philippine law. ARTICLE 35, FAMILY CODE: The following marriages shall be void from the beginning: (1) those contracted by any party below eighteen years of age with the consent of parents or guardians: xxxx (4) those bigamous or polygamous marriages not falling under Article 41; (5) those contracted through mistake of one contracting party as to the identity of the other, and, (6) those subsequent marriages that are void under Article 53. ARICLE 36, FAMILY CODE: A marriage contracted by any party who, at the time of the celebration was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. ARTICLE 37, FAMILY CODE: Marriages between the following are incestuous and void from the beginning whether the relationship between the parties be legitimate or illegitimate: (1) between ascendants and descendants of any degree (2) between brothers and sisters whether of the full or half-blood. ARTICLE 38, FAMILY CODE: The following marriages shall be void from the beginning for reasons of public policy: (1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) Between step-parents and step-children; (3) Between parents-in-law and children-in-law; (4) Between the adopting parent and the adopted child; (5) Between the surviving spouse of the adopting parent and the adopted child; (6) Between the surviving spouse of the adopted child and the adopter; (7) Between an adopted child and a legitimate child of the adopter; (8) Between the adopted children of the same adopter; and (9) Between parties where one, with the intention to marry the other, killed that other persons spouse or his or her own spouse. Problem: Filipino first cousins married in California, where the marriage is considered valid. Will their marriage be recognized in the Philippines? Answer: Problem: No, because such a marriage is incestuous as determined by Philippine law. A Filipino step-brother married his Filipino step-sister in California. Will our courts recognize the validity of their marriage abroad? Yes, because it is valid in the place of celebration and the marriage is neither polygamous, bigamous or incestuous as determined by Philippine law. A pangit but rich Filipino wanted to marry a pretty girlash in Borneo. Ginawa nya, gunpoint! Para pumayag ang girlash. Now, they came to the Philippines, the girlash wants their marriage to be annulled. Can she have it validly annulled?

Answer:

Q: