Вы находитесь на странице: 1из 3

BOOKS UNDER CIVIL LAW

1 - Persons and Family Relations


2 - Property
3 - Succession
4 - Obligations and Contracts
KINDS OF SUCCESSION:

How personality is extinguished?


-

General rule: after 50 years since creation


JPs can renew at SEC for another 50
years

TESTATE SUCCESSION written documents


stating the will of deceased is present/ existing
Kinds of Wills:
Notarial Will prepared by attorney
accdg. To the will of the deceased
Holographic Will written by the dead
person itself

Persons

INTESTATE SUCCESSION deceased person


died but no will was written
Surviving parties:
Spouse 50%
Children 50% (distribute equally)
Illegitimate child/children only
of the share of legitimate children

represent in trials, bear costs if case will not prosper,

*Secure first the parts of estate that the heirs are


entitled to.
*Half of the estate/excess of estate (?) is called
free portion. If the deceased desires to donate it
to charity, foundations.
_______________________________o_____________

between a man and a woman entered into in

have legal rights.


o the right to sue
o the right to be sued.
Juridical persons who will bear obligations,
be held liable? BOARD OF TRUSTEES
_______________________________o_____________
MARRIAGE a special contract of permanent union
accordance with law for the establishment of
conjugal and family life.
-special contract: non-renewable, permanent

BOOK 1 PERSONS AND FAMILY RELATIONS

-man and woman: not allow same sex marriage

PERSON is a being, physical or moral, real or juridical,

-purpose: establishment of conjugal and family life

and legal, which is susceptible to right and obligation, or


being the subject of legal negation.
Two Kinds of Persons:

-obligations:
1. mutual fidelity
2. mutual support
3. mutual love
- copulation (basic)

1. Natural Person human beings that have


physical equipment; product of procreation
How personality is determined? Birth.
- Unborn persons not persons yet.
- Premature birth = life 7 mos. And below
o Baby has to survive 24 hrs. to be
considered as a person (after
-

complete delivery)
Succession = unborn persons are entitled
to inheritance even at the time of

*stated in the Civil Code but was superseded by Family


Code, esp. Art. 1-22

REQUISITES OF MARRIAGE
1. ESSENTIAL REQUISITES FOR MARRIAGE
- Looks at the intrinsic validity of the marriage
Two legal capacities of the contracting
parties:
1. Who should be, and must be a man and a

conception.
-

woman
Same sex marriage not allowed

How personality is extinguished? Death.


Ex.1. Transsexual biologically male
2. Juridical Person involves a person in the
contemplation of the law; product of legal fiction
Ex.
1. State and political subdivisions
2. Corporations, institutions for public interest
created by law
3. corporations, associations, companies,
other institutions registered at SEC

person? Underwent sexual reassignment


procedure? Then acted to change gender on
NSO? Male to female? Eventually getting
married? Recognized?
(case of SIlverio)
Ans. Solicitor General opposed not biologically
male siya, not allowed under Family Code.
Rebuttal: Im already a female. Managed to

How personality is determined?


-

Created by law; legal fiction


Registration sa SEC (private firms)

change gender on NSO BC.

SC Ruling: Sex upon birth can never be


changed. No amount of sexual reassignment can
ever change your sex.

When you get married at:

Ex.2. Case of an intersex person?(born with

18-21 years old: mandatory parental consent (any

two sex organs) (hermaphrodites)


(Case of Jenny) grew up and raised as a female.

parent)

Has overdeveloped clitoris (penis-like).


Later on, absence of menstruation is now
questioned. No female rituals.
Had her tested, founded that Jenny was male.no

*if LCR issued license to them, LCR held liable


22-24 years old: parental advice
*if advice is not given, a sworn declaration is needed

uterus. Underdeveloped penis.


Corrected her NSO BC from female to male.

to prove that advice has been sought

SC Ruling: Yes, Jenny/Jeff can marry.

25 years old and above: fully emancipated

Recognized as male. In the case of intersex


persons, science and tech can help determine

*Common law couples, LGBT relationships cannot be

original gender/sexual make up.

entitled to conjugal property. Still considered as single in

2. Consent freely given in the presence of


solemnizing officer
2. FORMAL REQUISITES FOR MARRIAGE
- Where you enact technicalities or formalities
to a marriage
1. Decent authority of the solemnizing officer
2. Valid Marriage License issued by the local
civil registrar
3. A marriage ceremony
- where the parties declared their vows to
-

each other
before the solemnizing officer
In the presence of at least 2 witnesses

Effects to the marriage if there are irregularities


If kulang, absence of

marriage is VOID

either essential or

AB INITIO as if

formal

there was no

Only a defect on the

marriage
Marriage is

essential requisites,
but all formal
requisites are okay
Ex. Consent was there,
but was vitiated (force,
duress, threat, violence,
intimidation)
All essential requisites

VOIDABLE
-valid until voided,
annulled

OFFICER?
1. Incumbent member of the judiciary
but only within the courts jurisdiction
2. Any priest, rabbi, imam or minister of any
church or religion or religious sect
authorized by their church.
Act within limits of authority granted
by his church
At least one of the contracting parties
is a member of the solemnizing
officers church
3. Any ship captain or airplane chief
but only on account of articulo mortis
(on the brink of death)
-possible death rate: high
4. Any military commander
During a military operation
When a chaplain is absent
Articulo mortis cases
There should still be a witness
5. Consul-general, vice-consul, consul (Art. 10)
For marriages between Filipino
citizens abroad
Issuance of marriage license, duties

question the

of LCR and solemnizing officer

marriage, marriage
will still subsist
If LCR issued license
(couple w/ a party

requisites

belo 21 y/o), it will


not affect marriage

license, but was

- the person causing

erroneously/wrongly

the irregularities shall

issued
- below 21y/o: need

he held either civilly,

parental consent.

WHO CAN BE AUTHORIZED AS A SOLEMNIZING

If nobody will

okay, defect on formal

Ex. There is a marriage

the law

criminally or
administratively liable

consular official
6. Mayors, governors
By virtue of the Local Government
Code
Vice-mayors cannot solemnize,
unless he assumes as mayor in an
acting capacity
Acting mayors can solemnize, only
during the period of its effectivity
EFFECTS OF MARRIAGES CELEBRATED ABROAD
Art. 26 of Family Code

LEX LOGIS CELEBRATIONIS


We follow the laws where the

marriage is solemnized.
If marriage is celebrated abroad, it

should capacitate Filipino spouse to


remarry under Philippine law.
Ex. Garcia vs Recio

should also follow laws of the place

where it is solemnized
All marriages solemnized outside of the
Philippines in accordance with the laws in the
place where they were solemnized, and valid
there as such, shall also be valid in this country,
except those prohibited at:
Article 35(1) parties below 18 y/o,

even with parents consent


Article 35 (4) bigamous/polygamous
marriages, except Art 41 (4yr absence of

a spouse, believed as dead)


Article 35 (5) mistaken identity
Article 35 (6) subsequent marriages
who failed to comply annulment

requirements
Article 36 psychologically

incapacitated
Article 37 incestuous relationships

(blood relations)
Article 38 - void by public policy

SC Ruling: Recio cannot remarry, on account of


failure to prove divorce.

EX.2. Rep of PH vs Orbecido

proxy marriage is valid there, marriage will


be recognized in PH

Issue: Can the spouse remarry?

Family Code: should have personal


appearance of the parties before the

Issue: Is Recio allowed to remarry or not?

Facts:
Orbecido and spouse married (both
Filipinos,in PH)
Eventually, spouse got foreign
citizenship.
As an alien, spouse obtained a decree
of divorce.
Divorce proven.
Spouse wants to remarry

Proxy marriage not valid in the Philippines.


-

Facts:
Recio, a PH citizen, married an
Australian citizen (Editha Samson in
PH).
Eventually, they moved to Australia.
Recio became an Australian citizen.
Recio remarried Garcia
Garcia filed declaration of nullity of
marriage
o Recio has subsisting marriage BIGAMY
o Rebuttal: Divorce was obtained
in an Australian court. Alien
spouse obtained divorce
o Divorce not proven

solemnizing officer
If marriage was solemnized abroad, then

SC Ruling: Spouse can remarry, since at the time of

Question:

obtaining divorce, she is not already an RP citizen. Base


If spouses got married in a country where divorce is

it on nationality at the time of getting divorce. Since

allowed, (case of mixed marriage), will the divorce

spouse is a citizen of a place where divorce is legal, she

obtained on that place be recognized in PH?

can remarry. Also applies to Orbecido.

Answer: YES.

(Art. 26 of FC 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/her to remarry;
the Filipino spouse shall likewise have the
capacity to remarry under RP law.)

Art. 26 FC
o marriage between a Filipino citizen and a
o

foreigner
Divorce obtained by alien spouse on the

country where they celebrated marriage


Divorce should be FINAL,
EXECUTORY AND decree that it

General Rule: Marris