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ARTICULO

MORTIS

27 31 32 duties of the SO, merely directory


even if ailing between armed forces to the validity of marriage but
passengers or
survives or civilians under the Marriage Law, he is
liable:
at sea, in flight within the zone of executed before the local civil

TITLE I MARRIAGE ot stopovers at military operation;


ports of call
second
lietenant/battalion
29
SO shall state in
an affidavit
registrar or any other
person legally authorized to
commander administer oaths that the
arts.1-54 Chapter 2 marriage was performed
local civil registrar of send original
30 affidavit and legible copy of marriage dates when there is no need
EXEMPTED contract to the municipality where it for a JDNOM: status of
ABSENCE
from VML
document was per formed within the period of 30 children
- September 28, 1954-June legitimate
to LCR days after the performance of the
Chapter 1 Chapter 2 marriage 29,1970 1 custody and support by Court
indispensable also in A9 a) 5 yrs characterized by - June 2,1977-August
1 5 notwithstanding
the comity GOOD 28 33 34 exclusivity and continuity, b) 18,1986
legal A35(2) no means of Muslims or cohabitation without any legal impediment at - October 28, 1986-August
definition provisions FAITH
capacity transportation ethnic groups for 5 years celebration;affidavit;SO shall 2,1988
1 ascertain qualifications
2 below 18; male ma rri a ges a ccordi ng cus toms ,ri tes or
pra cti ces ; Code of Mus l i m Pers ona l except putative/
2 and female; x37 when LGC took
La ws of the Ph a nd Orga ni c Act for the good faith 40 termination of acp/cpg
x38; bigamous MAYOR effect on JDNOM for of property when in bad faith: forfeit shares to
essential CAR marriages; against
the purposes regime
January 2, 1992 even w/ "consent" unscrupulous common children > children of
Chapter 3 of minor chauvinistic males formal requisite! 2 guilty > innocent spouse
6
consent
incumbent member
35 Below 18 39
of the JUDICIARY; VOID AB non-authority no marriage
freely JUDGES years of NO
given
only within his INITIO grounds age
of solemnizer license prescriptive
jurisdiction
2 1 1 2 3 valid bigamous marriage
x36; x marriage by jest; valid marriage with specific purpose void from inception; equitable doctrine of unclean action or defense 2 2
PRIEST, RABBI, authorized and subsequent for the DNOM
IMAM, or
MINISTER of
registered; at least
hands not a rule; bigamous or
polygamous
mistake in marriage 41 42 43 Donation
propter
State declares void by reason that it no longer a) grave, remains valid
any church or one of the parties
serving the fundamental purpose of the state of b) juridical antecedence, marriage identity under A53 JD of
presumptive reappearance
effects of
nuptias unless donee is
religious sect belong to termination
2 fostering and nurturing a family c) incurability a) a true inability to commit oneself to 4 5 6 3 in bad faith
5 ful l na me a nd effect on the essentials of marriage, and a real except under must undertake the liquidation, 4 consecutive years and well-found a utoma ti ca l l y shall also apply
termi na ted by the
Authority of 7 ship captain 17 res i dences ; ML
i s s ued a fter the
children 36 inability to render what is due by
contract; b) this inability to commit
special partition and distribution of their belief; 2 year where there is danger of
death; w/o prejudice to reappearance recordi ng; s worn
to A40 and A45
the solemnizing or airplane only (in A31) 10 days psychological law/Muslim properties, in any, and, only in s ta tement;
articulo mortis compl eti on of the lifted from oneself must refer to the essential
Solemnizing officers chief notice incapacity Code or A41 proper cases, the delivery of
1 3 only peri od od
publ i ca ti on void v. voidable Canon Law obligations of marriage: the conjugal
act, the community of life and love, the children's presumptive legitimes
recorded i n the CR

*form of SO is i s s ue unl es s incapability ot perform marital rendering of mutual help, the and the decree of annulment or
designation as
18
requisites

waivable i.e. of a unit to which a ordered otherwi s e obligations with spouse! ; even if procreation and education of nullity should be recorded
military offspring; c) the inability must be beneficiary in
comity chaplain is assigned note by a competent manifest only after its solemnization;
commander valid until otherwise tantamount to a psychological
insurance
(in A32) impediments court: no fi l i ng fee amend by EO No.227;external policy
4
nor bond
void ab initio declared by the court manifestitions and expert testimony abnormality NO 4 may revoke
JDNOM or
JDPD
10 19 free of charge to can be ratified by free *good faith and bad faith immaterial > A40:: in remarraige, void
consul-general, payment of indigent parties criminal liability subsequent marriage and not
consul or vice- fees cohabitation or except in:a) A35(2) and b) A41 under A349: bigamous (bigamous accrdg. To
5 can never be ratified prescription ascendants 1 prision mayor Nicdao Carino v. Carino)
a cts a s SO a nd LCR
and
iss ued by duties 2 descendants
9 24 exempt from cannot be assailed 37 *co-ownership except in A40, A43(2) will disqualificatio
local civil prepare documentary incestuous n as to
registrar
documents, stamp tax can be attacked collaterally collaterally except in a brothers
govern = ACP/CPG inheritance testate and
administer oaths
(ex. Inheritance case) direct proceeding and sisters, 2 5 intestate
3 where ei ther to promote the full or half-
enter all in the order
pa rti es res i des blood 44
3 Valid application 25 received; names of solidarity of revokation by
formal record ML applicant, date issued nuclear family; bad faith operation of
Marriage (except Chp.2)
applications and other data
prevent law
necessary
2 even after death assailed only during lifetime homozygosity
validit y 10 3 9
FPA/DCMR/CDFMG

11 12 13 38
sworn original birth death public legitimate or
application certificates certificate or policy illegitimate; upto the
imprescriptable prescribes (art. 47) 4th civil degree
or baptismal certificates; in case of or affidavit
destruction or loss of original: residence cert.
collateral step-parents parents-in- adopting surviving spouse
Or sworn statement; or with parents;or by only parties or parties parent and of adopting
appearance; need not be sworn; exempt from blood and step- law and parents and
any proper interested party designated by law can the adopted
documentary stamp tax; signature is relatives children children-in- child adopted child
sufficient proof of authenticity
may attack assail it 1 2 3 4 5

adopted child adopted killed the


4 surviving spous
of the adopted anda legitimate children of other spouse
re: child and the child of the the same or his/her
requisites
property regime and adopter adopter adopter spouse
no legal effects childrem as still legitimate 6 7 8 9
2 where with
14 15 16 intention to marry
consent parental advice marriage
18-21 y.o.a for 21-25 counselling for

Chapter 3
in writing or did not obtain / if only one, other
affidavit with two unfavorable = party must be
witnesses issuance after 3 present; failure =
mons issuance after 3
DEFECT VOIDABLE
mons.

2
21
foreigners and
stateless or

certi fi ca te of l ega l 6 5 4
ca pa ci ty for
45 47 procedures 50
forei gners a nd Judgement
a ffi da vi t for the causes exsisting action for in nullity effects
at the time of annulment of nullity
s ta tel es s or cases
refugee
2
20 20 48
120 days validity in prosecuting
PH attorney or
*co-ownership
expiry date in behalf of the State; prevent collusion of spouses &
liquidation,
stampes in bold
parties to prescriptive
and to take care evidence is not
fabricated or suppressed; no
ACP/CPG
partition and
52 53 54
record in CR may remary conceived/born
distribution of
file period judgement based upon stipulation of
properties
and registries of
again
before JOA or
facts or confession of judgment ANOM(36)&A53
notify
2 7 creditors of judgment of after complying shall be
6 6 22 no parent or before "no-
49 custody and annulment or of with the considered
Marriage guardian having
consent party" requirements (A52)
form or Marriage contents of parental legal charge of support of spouses support of anom. legitimate
Ceremony MC "no consent reaches age of and custody of
children
otherwise
religious rite Certificate consent party" 21 children
conjugal
otherwise, the marriage shall be
3 1-2 1 1 same shall not null and void
dwelling
types: no prescribed form; a) parties to conta i ns the decl a ra ti on; s i gned by the of 18 - 21 years old in the absence of agreement, the court 3 affect third
pa rti es a nd wi tnes s es ; i n a rti cul o and the lot
(1) common-law marriage appear personally before the b) SO and
c) declare in the presence of not less morti s -one wi tnes s to wri te the na me;
23 to furnish "no- within 5 should provide for the support of
spouses and custody of children(Title
51 persons;
(2) mutative a ttes ted by SO duty of the certificate and consent" years after delivery of
than two witnesses of legal age solemnizing IX); visitation rights partition to all
(3) ceremonial- only recognized send and retain party attaining 21 common children
form in PH copies adjudicated
computed as of the date of the final
directory in nature (CJ/OC, C/C/T, O of
8 CO); except articulo mortis or remote
judgment of the trial court, delivered in
cash, property or sound securities,
Venue place(A29) and upon request in a unless by mutual agreement judicially
sworn statement insanity/ sane spouse approved provides; = advances to
any time
without 2 legitimes
Comity Provision:
unsound 2 knowledge of
before death
of either party
1)solemnized outside the mind insanity
Philippines
2) in accordance with the law relative,
guardian or any time
where the marriage was
person having before
celebrated 2 legal charge of death of
3) except the following because of 26 26 marriage with a
nationality rule:35 (1,4,5,6); 36; 37; Lex Loci Capacity to foreigner; after a
38, gay/lesbian, non-recording Celebrationis Remarry valid divorce
during lucid
2 insane intervals or
international
comity
(1) where a valid marriage is celebrated, either in
the Philippines or abroad, between a Filipino citizen no effect on the validity; civilly,
spouse regaining
sanity
and a foreigner and, subsequently, the foreigner- IRREGULARITY criminally or administratively non-disclosure concealment
spouse obtains a valid divorce abroad capacitating liable;
him or her to remarry (2)
where originally, at the time of the marriage 4
within 5 years pregnant by drug addiction,
ceremony, both parties were Filipinos, but at the
46 injured after previous habitual
time of the divorce, the petitioner was already a
conviction
another STD alcoholism, or
citizen of a foreign country that allows absolute fraud party discovery of
fraud man homosexuality
divorce 3 3 1 2 3 4
by final regardless of its [DAHL]
judgment of a nature, existing existing at the
crime involving at the time of time of marriage
within 5 years from moral turpitude marriage
vitiated 5 injured time force,
intimidation or 4
consent [FIU] party
undue influence
disappearred or
force ceased
intimidation
undue influence

incurable within 5
physical injured years after
marriage
incapability to
consummate party ceremony
5 5

STD 6

serious and
incurable
either of the spouses
agreed to or did not
act of forgiving; object despite fill or procurement; volenti non fit injuri/ one is not
implieas a condition of knowledge, to the act legally injured; direction, influence, personal
future good behavior; = giving rise to a ground; exertion, or other action with knowledge and
no action taken; express maybe be deduced from belief that such action would produce a ground;
or implied acts corrupt consenting
Art. 42 , NCC

TITLE II LEGAL SEPARATION bed-and-board separation (a mensa et thoro); for


death of party: actio personalis moritur cum persona; but
claim to the right to the dissolution cpg or acp, loss of
EXTINGUISHED rights of the offending spouse profits earned, condonation consent connivance
(relative divorce) some cause existing at the time if the marriage
disqualification to inherit from innocent spouse as well
as revocation of testamentary provisions can warrant the
continuation of the action through a substitute party of
arts. 55-67 ceremony [or after], the marriage is terminable the deceased

56 recrimination barred by
non-observance of cooling -off period DENIED grounds or equal guilt collusion prescription
for denial
TRIAL OF MERITS
no hearing on the merits of the LS but deermination of in pari delicto; doctrine corrupt agreement to A57; time of discovery is not material; occurrence
custody, alimony and support pendente lite can be heard; of clean hands/ he who the procuring of a is material; assumed that after 5 yrs. forgiveness
55 57 59 58 can file motion to dismiss; to contemplate their positions
with the end in view of attaining reconciliation between
60 60 comes into equity must divorce; "liked also"; is already the order of ther day, and no longer
PROCEDURE 6 month- x stipulation of come with clean hands may not be inferred recrimination
grounds prescription
steps to
cooling-off-
them; healing balm of time; opportunity for
facts and
role of the
prosecuting from confession
reconcile dispassionate reflection; except: when ground is
violence against the woman or the child (RA9262:
attorney or fiscal

AVAWC)

within 5 year from the Resolution En Banc A.M. until fully satisfied, take steps to prevent collusion between the 4
occurrence of the cause No. 00-11-01-SC; proof despite such efforts, parties and to take care that the evidence is not
of preponderance of that reconciliation is 61 cohabitation is a
personal act; fabricated or supressed; not fatal to the validity 63 marriage can be held criminally
evidence; can proceed highly improbable
live GRANTED bond
ahead of a criminal case
administration of
acp/cpg to either or 3rd
of the proceedings when it is a "no-holds barred
contest" (case were vehemently opposed and
effects maintained
liable for bigamy,
concubinage or adultery
(filed forsimultaneously) separately party heatedly contested)
1
i.e. when the defendant 2
in the absence of does not respond within the offending spouse has no right to any share of
case-to-case basis i.e
continued manifestation of
infliction of bodily harm
with bad faith and
62 agreement, the court
should provide for the
15 days from receipt of 64 mistake in printing:
should be "written
liquidation
the NET PROFITS earned(increase in value between
the market value o the cp at the time of celebratio
the summons he cannot
indifference or aversion to
the other with consistent malice: (1) causes a =A49 support of spouses and be defaulted
donation and
insurance policy notification to the of property and at the time of dissolution), it shall be forfeited
neglect of duties (US certain degree of pain custody of children(Title insurer" in favor of children (common-> previous)-
Juris)>>if manifestation of (2) frequency of the IX); visitation rights >innocent spouse
PI = grounds for nullity attack, and not severity 2

acts of liberality
grossly repeated same as annulment
insurance may
be revoked upon written custody to the innocent spouse; however,standard=
against petitioner, common child or child of petitioner;

lesbianism and
abusive physical of minor paramount interest of the child (choice of child
no ground when done to own child/ren though can

cases but can exist even even if notification thereof to


homosexuality over 7 yrs of age, under 7 shall be with mother
after the marriage stipulated as the insured;
conduct violence ceremony irrevocable within 5 years children unless compelling reasons); can be third person;
suspend/terminate parental authority

1 6 3
PH or abroad marriage is recorded in registries of
compulsion by immaterial so long as there action to revoke property where the properties
offending spouse shall be dq in intestate
even with one physical violence or intestate and succession; by will, revoked by operation of law;
incidence; accept one
another's political
moral pressure to
change religious or
is an illegal subsequent
marriage; if abroad, guilty bigamy donation must
be brought
are located; alienations, liens
and encumbrances registered testate
disqualification
intestate: A921(4) can disinherit even if has not
party cannot be criminally w/in 5 yrs in good faith before recording given cause or found guilty, A922 ineffectual upon
belief>>family = nation political affiliation for revocation shall be
liable in PH because of mutual reconciliation)
territorial nature of law respected; except if A87
2 7 2 4
contrary to the duty of parent/parental authority to re: A68; betrayal of the
provide their unemancipated children with moral and attempted trust by having intimate
spiritual guidance,to instruct them by right precept and corruption or love affairs with other sexual
good example, and to protect them from bad company inducement or persons; even those short infidelity or
and prevent them from acquiring habits detrimental to connivance to of adultery and
their health, studies and morals;emancipated or not; engage in concubinage; sexual
perversion
mere attempt is enough ground; immoral and corrupt act perversion even with
= prostitution only spouse; bestiality
3 8

an act of moral depravity; from evil design and not from


offense need not to be
against the spouse,
final judgment
involving more
justifiable cause i.e. self-defense or in flagrante delicto
having carnal knowledge; proven by preponderance of
attempt 65
than 6 years of joint 1
their common children
or petitioner's children; imprisonment
evidence; no previous criminal conviction is required; a
criminal conviction can disinherit the guilty spouse even
on life manifestation
even if pardoned if no legal separation case filed SET ASIDE proceedings
4 9
DECREE FOR shall thereby
RECONCILED LEGAL be1
2
for more than 1 year; absolute cessation of SEPARATION terminated
drug record in
same as annulment
addiction,
marital relations, duties and rights, with
unjustified
66
cases but can exist even
habitual
intention of perpetual separation;" total
renunciation of his or her duties"; cannot be abandonment consequences proper
after the marriage
ceremony alcoholism willful; except for a spouse who became insane
final decree set
CR
after the initial act of desertation
5 10 aside, property
MSM notes that L/H deal with sexual orientation 6
relations shall 2
while drug addiction and habitual alcoholism
subsist
deal with mental state = law should not have 67 SC En Banc Resolution A.M.
No. 02-11-12 (March
15,2003); can revive original
lumped revival or
adoption of property regime and adopt
property regime a new regime (separation
of properties or mixed only)
concubinage:

1) maintaining a mistress in the conjugal dwelling;


properties to
2) sexual intercourse with another women under be
scandalous circumstance; contributed
3) cohabiting with her in any other place anew
1

those to be
retained as
separate
properties of
each spouse

2
must be furnished the motion to seek the approval of the
agreement; recording of the order of revival shall
prejudice those listed or those notified; those not listed
creditors or not notified shall not be prejudiced unless the debtor-
spouse has sufficient separate properties to satisfy the
claim of the creditor (instead of the property initially put
at stake for the debt)
3
TITLE III RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
arts. 68-73

relief when spouse neglects his or her duties to the conjugal union or
commits acts which
tend to bring danger, dishonor or injury to the other or to the family
72 1. Legal separation case;
neglect of 2. Annulment of marriage case;
duties/danger,dish 3. Petition for receivership;
onor, ro injury 4. Petition for judicial separation of property; or
5. Petition for authority to be the sole administrator of the
community property or the conjugal partnership.

Rape against wife? Yes (Article 266-A of the Revised Penal Code) But
the subsequent forgiveness by the wife as the offended party shall
extinguish the criminal action or the penalty; except void ab inition
marriages; (RA 8353/Anti-Rape Law clarifies)

duties and 68a 68a 68a except for support, the


court cannot validly
obligations: obliged to live observe mutual render mutual issue a decision
together love, respect and help and support compelling the spouse

no action for damages from breach of marital


obligations (abuse of rights doctrine); any person
who deprives the other of consortium or service
can be held liable for damages; must be fully
proven

2 2

69 73 70 duties of both spouses regardless of property regime; in the absence,


from the fruits of their separate properties; if insufficient, from the
legitimate expenses for
family profession support
separate properties of both spouses, must be solidary

law does not require a spouse to obtain prior


habitual residence/ permanent residence with consent from the other before entering into any
the intention of always returning even if they
have left it for some time; can exempt those for
legitimate profession or activity; except: on valid
serious and moral grounds, in which case the
71
calid and compelling reasons, compatible to the court may decide on the objection in a summary management of
the household
solidarity of the family; in case of disagreement, proceeding.
summary proceedings

separate property liability: even if benefits


accrued in favor of the family, innocent spouse
vs, must have no knowledge of the other spouses
engagement in an immoral activity such that he
could not have interposed any objection;

chargeable to acp or cpg: error in printing: A73(2) has been amended: "if
1. The exercise of a legitimate profession, occupation, business benefit accrued prior ro rhe objection, the
resulting obligation shall be enforced against the
or activity is presumed to redound to the benefit of the family,
community property. If thereafterseparate
except if is involves an isolated transaction (proof showing a property of the spouse who has not obtained
direct benefit to the family must be presented); consent"
2. Obligations incurred by the spouse in the exercise of his or
her legitimate profession, occupation, business or family
business are presumed to redound to the benefit of the family;
3. Debts and obligations of whatever nature and regardless of
the time they were incurred, whether before or after the
marriage ceremony, and redound to the benefit of the family.
TITLE IV PROPERTY RELATIONS
arts. 74-81
Valdez v. RTC
primarily governed by marraige settlements
A1: within the limits of the Family Code
cannot sell property to each other; default in remarraige
right of accretion default in the absence when no liquidation default in void
or void from previous marriage marriages TITLE I: Marriage
3

74 may stipulate or agree on any araangment, provided that it


absolute
community of
conjugal
partnership of
complete
separation of
or any other
co-
ownership(A147,1
1
must not be contrary to law or public policy and that it must regime (mixed-up) definition
governed by property (default) gains property 48)
be within the limits provided in the Family Code.; start at the
time of celebration of marriage only

marriage 75
settlements pre-nuptial
agreement
1

Family Code
no
marraige
intrinsic validity persons law
2

when not fair and impliedly repealed by


"as a rule of conduct formed by repetition of acts
unifomrly observed as a social rule legally local customs
criterion; one of mutual
trust and confidence an
fairness
reasonable: signing =
waive of right or
prejudice; burden of
78 RA 6809: Age of
Majority = 18; thus 80
nationality rule;
regardless of place of 81
minor
of a high degree of celebration and
binding and obligatory
good faith and candor proof to the one allegging, below 18 = void ab PH laws residence void
unless on its face unfair initio
3 then to the other party
when stipulated or fail except: judicial approval not applicable, and thus other laws shall govern, however,provision are separable only when
to stipulate regime in the following cases: 1. Provisions which invalid but do not affect the
made before the
celebration, in writing 76
in
A66,67(reconciliation),128
(abandonment or failure
79 indispensable for the
guardian appointed by a
a. where both spouse are aliens; or
b. (A16) with respect to the extrinsic validity of a contract when the
rest of the provisions stipulated in the marriage
settlement will be rendered ineffectual, the rest
and signed by the civil competent court to be
to comply with marital interdiction/disabi property is situated abroad, whether the contract is will continue to remain enforced; or
parties modifications obligations),135,136; made a party thereto
lity executed in the Philippines or abroad. 2. Stipulations which do not depend upon the
petition to SCP celebration of marriage shall be valid (e.g.
provision to suppose the common children of
void/ACP, if stipulated that the contracting parties)
neither acp or local custom shall
in writing: otherwise
unenforceable an
invalid; no oral MS;
77 civil interdiction deprives the offender during
apply when no regime (contrary in writing and the time of his sentence of:
Statute of Frauds; registered
to A5 of Civil Code) 1. Rights of parental authority;
2. Guardianship, either as to the person or
registered in the local CR where married and property of any ward;
proper registries of property: to prejudice third 3. Right to manage his property; and
parties; valid TCT (Transfer Certificate Title) 4. Right to dispose of such property by any
conveyance inter vivo.
indirect donations ar void ab initio (v. A134 of CC merely annullable):
TITLE IV Chapter 1: DONATIONS BY REASON OF MARRIAGE 1. A stepchild who has no compulsory and/or legal heirs, as
arts. 82-87 his or her children, other than the other spouse at the time
of the donation;
>donations made by one party in favor of the other or any person in favor of either or both parties donation , direct or indirect, during marraige are VOID except: 2. A common child who has no compulsory and/or legal heirs
>useless if PR is ACP 1)moderate gifts w/c the spouses may give each other on the occasion of any other than the other spouse at the time of the donation;
family rejoicing (case-tocase on financial capacity) and 3. The parents of the other spouse;
TITLE I: MARRIAGE 2) donations in favor of their common legitimate children for the exclusive purpose 4. The other spouses adopted child who has no compulsory
of commencing or completing a professional or vocational course or other activity and/or heirs or, in cases when, at the time of the donation,

1 87 for self- improvement (from their ACP/CPG) the only surviving relative of the adopted is the other
spouse (parent of the adopted);
definition donations 5. A common adopted child who has no other compulsory
during marriage and/or legal heirs.

void donations:
1. Donations made by persons guilty of
adultery/concubinage at the time of the donation
(A739)
82 86 five situations that can arise depending on the reason for the nullity of
donation VALID DONATION:
2. Donations between persons living together as H&W 1)made before its celebration;
excludes: may be marriage:
propter nuptias
w/o a valid marriage(A87) 2)in consideration of the same;
1) made in favor of the spouses after the celebration of
marriage 2) executed in
revoked however, if in marriage
settlement, void by
1. Subsequent void marriage for failure to comply w/ Art. 40 donation
3)and in favor of one or both of the future spouses revoked by operation of law if the donee-spouse contracted the
favor of the future spouses but not in consdieration of operation of law > A81 marriage
*4) Donee must accept the donation personally or thru subsequent void marriage in BF (Arts. 40, 52, 53)
Challenging donations: Only persons who marriage 3) granted to
an authorized person with special power of attorney 2. One obtains judicial declaration of presumptive death & both are in bad
persons other than the spouses even though they may
bear such a relation to the parties making for the purpose or with a general/sufficient power
*5) The acceptance must be made during the lifetime
be founded on the marriage marriage void ab
faith in the subsequent marriage donation revoked by operation of law
the transfer or to the property itself that (Arts. 41, 44)
of donor and donee
example: childless, has to die first, in favor of parents
not
such transfer interfere w/ their rights or
interests. The validity of the donation celebrated intio 3. All other rounds for nullity where good faith and bad faith of the donee
are irrelevant donor has option to revoke the donation
4. Donation inside a bigamous marriage second spouse has option to
cannot be challenged by those who bore 1 1
revoke the donation made to his/her spouse who has a prior subsisting
absolutely no relation to the parties to the prescriptive period to flie deed: 5 yrs from fixed date movable: 8 yrs (A1140)
marriage; but if the spouse who contracted 2 marriages made a donation to
transfer at the time it occurred & had no action if donee refuses to marriage settlement: no real property (immovable):
his/her 2nd spouse, it is void if they are guilty of adultery, concubinage, or
return: prescription/VAI 30 yrs (A1141)
rights or interests inchoate, present, they were living together as H&W w/o a valid marriage
remote, or otherwise in the property in 5. If both parties in GF donor has option to revoke the donation
question at the time the transfer occurred.

KINDS OF for donees 18-21 w/o


83 Title III of Book III of the Civil Code, insofar as they are DONATIONS consent on or after no consent
governed by not modified by the following articles
marriage; prescription: of parents
5 yrs from knowing the or guardian
non-consent
2
requisites of a valid donation between future spouses: 2-2 A86(3) v. A 50 in rel. *there annullment
thought STATCON that the
1. There must be a valid marriage settlement governed by provisions on testamentary A43(3) annulled
2. The marriage settlement must stipulate a property
regime other than ACP
succession and the formalities of a will; may be 84 movable: after 8 yrs the marriage and
of good faith
"injured party"
provision last in order
prevail, A43(3) = by
for instance, a guilty party
might bargain that he will
handwritten and signed, otherwise, attestation future property possession is donee acted operation of law is more in
not oppose the annulment
3. The donation contained in the marriage must not be clause; acknowledge before a notary public by the for as long as the donation
lost(A1141)
more than 1/5 of his/her present property
donor and the witness
in bad faith keeping the spirit of the
is not revoked - No no
real: 30 yrs from law
4. The donation must be accepted by the would-be
lost/annulment 3
spouse
2-1 > if foreclosed, donee shall not be liable
5. It must comply w/ the requisites on donations (Title
> if sold and value is more than the liability, 5 yrs from fniality of
84 3, Book 3,
NCC)
orally or in writing;
simultaneous delivery of excess shall go to donee (being owner of 85 decree of legal legal
not more than movable the thing or of the property) subject to separation; but void if
separation
1/5 limitation donation representing the >however donee cannot seek reimbursement encumbrances ground is sexual
right donated from the amount taken by the creditor as a result infidelity(A739(1))
of foreclusure (as a conveyance of pure liberality 4
> "good" compromise provision of the donor)
complied with the
> except for DPN not included in a marriage settlement;
> (A750 of the Civil Code)reserves, in full ownership or in exceeds donation anf acceptance
resolutory condition; resolutory *does not prescribe A765 of Civil Code: acts of ingratitude:
must revoke w/in 5 between
usufruct, sufficient means for the support of himself, and all
5k shall be in writing
yrs from happening condition H&W(A1109)
1) if the donee should commit some offense against
the person, the hnor or property of the donor, or his
relatives who are entitled of the support of the donor; wife or children 2) If the
of rc
> (A752 of CC) no person may give or receive, by way of 5 donee imputes to the donor any criminal offense, or
donation, more than he may give or receive by will; action w/in 1 year from knowledge of the fact of any act involving moral turpitue, even though he
>preventing one spouse from unduly exerting influence on the made in a public
acceptance may be made in the same deed of
ingratitude & its possible donee should prove it, unless the crime/ act is against donee,
to bring the suit; However, alienations & his wife or children
other or taking undue advantage of the feelings of the alleged document, specifying the
donation or in a separate public document with notify committed 3) IF he unduly refuses him support when the donee is
weaker party immovable property donated and the mortgages effected before the
value of the charges which
the donor in an authentic form; shall not take effect
notation of the complaint for revocation in the an act of legally or morally bound to give support to the donor
unless it is done during the lifetime of the donor
the donee must satisfy Registry of Property
shall subsist. Later ones are void. (A766) 6