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PFR M I D T E R M S Article 16: TESTAMENTARY SUCCESSION

- Testate & intestate successions governed by NATIONAL


Part I: CIVIL CODE (3 August 1950) LAW OF THE PERSON who owns the will (Bellis v.
Bellis)
Article 2: EFFECTIVITY OF LAWS - Doctrine of ren voi (Aznar v. Garcia)

- Publication in the Official Gazette & other newspapers. Article 19-21: ABUSE OF RIGHT
Laws of general application. Publication is mandatory
- Effectivity: 15 days AFTER publication, unless otherwise - Every person must act with justice, give everyone his DUE,
provided exercise GOOD FAITTH (Art. 19)
- Compensate for damages if willfully cause by actions
Article 3: IGNORANTIA LEGIS NON EXCUSAT contrary to morals, good customs or public policy (Art. 21)
- Mere breach of promise to marry NOT an actionable wrong
- XPN: (Kasilag v. Rodriguez) good faith, excused not to (Hermosisima v. CA)
know hard points in the law especially without counsel & - But can recover DAMAGES under Art. 21 for public
mistake of fact shame and humiliation (Wassmer v. Velez)
- VOLENTI NON FIT INJURIAself-inflicted
Article 4: NO RETROACTIVITY UNLESS PROVIDED
injury/injury with consent precludes recovery of damages
by one voluntarily exposing himself to danger
- XPN: Penal laws in favor of accused (criminal) remedial
laws (matters of admin) Article 22: UNJUST ENRICHMENT
Procedural laws
Laws affecting a SUBSTANTIVE - Return something acquired unjustly by an illegal act
RIGHT/VESTED RIGHT (Aruego v. CA) - REQs:
1. Enrichment in one party
Article 5: MANDATORY & PROHIBITORY LAWS 2. Loss in one party
3. Enrichment was ILLEGAL
- Mandatory laws>directory laws
4. Losing party has no other action
- Violating these laws are NULL & VOID
Article 26: RIGHT TO PRIVACY
Article 7: REPEAL OF LAWS & CONSISTENCY WITH
CONSTITUTION - Respect dignity, personality, privacy and peace of mins
- Action for damages for:
- Only laws can repeal laws (Frivaldo v. Comelec)
1. Prying into privacy of residence
Article 8: JURISPRUDENCE AS PART OF LEGAL SYSTEM 2. Meddling with or disturbing private life/family
relations
- Past SC decisions form part of the law of the land 3. Intriguing to alienate from friends
4. Vexing bec. of religion, lowly statues, place of birth,
Article 9-12: APPLICABILITY OF CUSTOM defect, other personal condition
- Can recover moral damages (Concepcion v. CA)
- Custom must be proved as fact. Courts can take custom into
consideration (Martinez v. Buskirk) Article 31-34: INDEPENDENT CIVIL ACTIONS

Article 13: PERIODS - Art.31 & Rule II Sec. 3 of RROCcivil actions (for
damages) may proceed independently of criminal
- 1 year365 days proceedings
- 1 month30 days - Requires only preponderance of evidence
- Month w/ nameno. of days or that specific month - Obligations between persons with CONTRACTUAL
- Counting1st day excluded, last day included relationship
- If civil action first, the civil action is deemed WAIVED
Article 15: NATIONALITY PRINCILPLE (Hambon v. CA)
- Laws binding to Filipino citizens even if living abroad Article 36: PREJUDICIAL QUESTION
- Capacity in making contracts
- Marriage governed by law in where you are married AS - Elements:
LONG AS not contravening PH laws 1. Civil action involves an issue intimately related to
- Real propertylaws where that property is located XPN in criminal issues
testamentary succession 2. Resolution of civil issue determines WON criminal
action can proceed
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Article 40-41: COMMENCEMENT OF PERSONALITY - Inviolable social institution not subject to stipulation.
XPNpre-nup
- BIRTH determines CIVIL PERSONALITY
- < 7 months & dies within 24 hours, not deemed born Article 2: ESSENTIAL REQUISITES OF MARRIAGE
- Unborn child aborted does not have juridical personality
(Geluz v. CA)no damages claimed in its behalf 1. Legal capacity
- DEATH: cessation of life NOT only those who have 2. Male & female
acquired juridical personality could die 3. Consent freely given
4. Solemnizing officer
Article 42: CIVIL PERSONALITY EXUINGUISHED BY - Sex change not allowed in birth certificate because it will
DEATH violate Art. 2 (Silverio v. Republic)

- Criminal liability ends with death Article 3: FORMAL REQUISITES OF MARRIAGE


- Right to succession are transmitted to heirs upon death
1. Solemnizing officer authorized
Article 44-47: JURIDICAL PERSONS 2. Valid marriage license
3. Marriage ceremony with personal declaration with 2
- Art. 44: witnesses of legal age
1. State & political subdivisions - Marriage license must be applied by BOTH parties
2. Other entities created by law - Without marriage licenseAFFIDAVIT OF
3. Corporations, partnerships & associations COHAITATION
- State cannot be sued in actions juri imperii - Cohabitation of 5 years without legal impediment

Article 4: ABSENCE OF ESSENTIAL/FORMAL REQUISITES


JURIDICAL CAPACITY CAPACITY TO ACT (Art. 37)
- Passive - Active 1. Absence of requiiteVOID AB INITIO
- Inherent - Acquired after 18 yrs. XPN: absence of authority of solemnizing officer and
- only lost through death - lost through death and
parties acted in good faith (Art.35, 2)
other causes
- exist w/o ca - exists with JC 2. Defect in essential requisiteVOIDABLE
3. Irregularity in formal requisiteNO EFFECCT, but person
- subj. to legal relation - you yourself are acting responsible is held liable

Article 7: PERSONS TO SOLEMNIZE MARRIAGE


Article 38: RESTRICTIONS ON CAPACITY TO ACT
1. Member of judiciary within jurisdiction
1. minority
2. Priest, rabbi, imam, minister registered with civil registrar
2. Insanity
and one party is member of that religion. Authorized by
3. Deaf-Mutism
Church and within limits
4. prodigality
3. Ship captain, airplane chief (Art. 31)
5. Civil Interdictions
4. Military commander (Art. 32)
6. Family Relations
5. Consul general, consul, vice consul
7. Alienage
6. City mayor
Article 39: LIMITS ON CAPACITY TO ACT
Article 8: PLACE OF SOLEMNIZATION
Article 50: DOMICILE
- Judge: chambers/open court
- DOMICILE is the place of HABITUAL RESIDENCE for - Religious: Church, chapel, temple
purposes of Civil Code - Consul: office
- For ELECTION purposes: animus manendi; animus - Request of parties in writing (Sworn statement)
revertendi - Made by both parties (Navarro v. Domagtoy)

Article 9-25: MARRIAGE LICENSE


Part II: FAMILY CODE (3 August 1988)
- Issued by local civil registrar
- Art. 256: Family Code shall have retroactive effect insofar - Solemnized by consul if abroad
as it does not impair vested rights (Bernabe v. Alejo) - Contents of application, certificate of legal capacity of
foreigner
Article 1: CONCEPT & NATURE OF MARRIAGE
- Birth certificate/affidavit/presence of parents
- Documents if previously married
- Special contract of PERMANENT union between man and
- Parental consent between ages 18-21; advice 21-25
woman
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- Civil registrar post a notice 6. Inability to comply w/ marital obligations in Art. 68-
- Objections not prevent marriage unless with court notice 71 of FC
- Valid for 120 days 7. Church annulment cases given persuasive effect
8. Interest of State/Solgen
MARRIAGES EXEMPT FROM LICENSE REQUIREMENT - No need for respondent to undergo psych test (Marcos v.
Marcos)
- Art. 27: Articulo mortis - No distinction between alien and Filipino spouse,
- Art. 28: Remote residence applicable to any person (Republic v. Hamano)
- Art. 31: Articulo Mortis by ship captain/pilot - Cancel our 2 conflicting findings of expert witnesses (Ting
- Art. 32: Articulo mortis by commander v. Velez-Ting)
- Art. 33: Muslims/ethnic communities by customs - Petitioner should get evidence from other people, not only
- Art. 34: Cohabitation of 5 years without legal impediment own testimony. Exert witness should administer tests
- RTC finding of facts deserve credence because RTC is in
Article 26: FOREIGN MARRIAGE
better position to view and examine the witnesses. Every
- Marriages abroad in compliance with laws of that country case is different and courts must appreciate the facts
1. Shall be valid here EXCEP void, psychological (Kalaw v. Fernandez)
incapacity, incestuous and against public policy
Article 37: INCESTOUS MARRIAGES
- If foreign spouse DIVORCES Filipino and
capacitates Article 38: PUBLIC POLICY
2. The foreign spouse to remarry, Filipino spouse may
likewise remarry (Right of Filipino spouse - Summary: Marriages Void AB INITION
- DIVORCE DECREE must be presented to the 1. Art. 35
Court in petition for RECOGNITION OF 2. Art. 36
FOREIGN DIVORCE DECREE (Garcia v. 3. Art. 37
Recio) 4. Art. 38
- Art. 26(2) applies not only to mixed marriages
but also to 2 Filipinos and naturalized as citizen Article 39: ATION FOR DECLARATION OF ABSOLUTE
of other country NULLITY SHALL NOT PRESCRIBE
- **reckon the nationality not at the time of marriage but at
the time of the divorce (Republic v. Obrecido) A.M. NO. 2-11-10: RULES GOVERNING FOR PETITIONS OF
ANNULMENT & DECLARATION OF NULLITY
Article 35: VIOD MARRIAGES AB INITIO
- Annulment: for voidable marriages
1. Below 18 yrs. w/o consent of parents - Declaration of Nullity: for void ab initio
2. Solemnized by person w/o authority unless with good faith - Who can file? Injured party
3. Without marriage license - Where? Family Courts, resident there
4. Bigamous - Conduct investigation if no conclusion
5. Mistake to identity - Furnish Solgen with copy
- Motion of Reconsideration if denied, Motion of Finality if
Article 36: PSYCHOLOGICAL INCAPICITY no opposition from Solgen
- Bring copies to Civil Registry
- Psychological incapacity must be confirmed by EXPER
- Its up to the parties to file if NOT for purposes of Article 40: PURPOSE OF REMMARIAGE< THERE MUST BE
remarriage. For marriage, mandatory A FINAL JUDGEMENT DECLARING PREVIOUS
- CHARACTERISTICS OF PSYCHOLOGICAL MARRIAGE VOID
INCAPACITY:
1. Gravity/seriousness of disorder - There must be a JUDICIAL DECLARATION OF
2. Juridical antecedencebefore marriage NULLITY before contracting 2nd marriage
3. Incurability - Declarationentry of judgement
- MOLINA GUIDELINSE FOR FILING PETITIONS - The courts does not leave it to the parties to decide on the
UNDER ART. 36 nullity of their marriage (Terre v. Terre)
1. He who alleges must prove - Concept of CONSTRUCTIVE NOTICE: For real
2. Identify the root causeillness by medical experts, properties only. Bigamy prescribes in 15 years after
alleged, proven and explained discovery of the offense. Reckon the prescriptive period on
3. Juridical antecedence the moment of discovery and not marriage because such
4. Incurability marriages are done in secrecy (Sermonia v. CA)
5. Grave

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Article 41: DECLARATION OF PRESUMPTIVE DEATH 2. Physical violence/moral pressure to change political or
religious affiliation
- ABSENCE: 4 years and WELL FOUNDED belief that the 3. Induce to engage in prostitution
absent spouse is already dead 4. Final judgement sentencing >6yrs. during marriage
- Disappearance with danger of death under Art. 391: 2 years 5. Drug addiction/habitual alcoholism
sufficient 6. Lesbianism/homosexuality
- Remarriagethere should be a judicial declaration of 7. Contracting bigamous marriage
presumptive death 8. Sexual infidelity/perversion
- REQUISITES FOR DECLARATION OF PD: 9. Attempt against life
1. Missing for 4 or 2 years 10. Abandonment >1 year without just cause
2. Present spouse wish to remarry
3. Well-founded belief of death A.M. No. 2-11-22: RULES GOVERNING LEGAL
4. File summary proceeding SEPARATION
- Well-founded belief, with diligent search and
effort (Republic v. Nolasco) - No declaration of default in legal separation even if >15
- Declaration of PD cannot be subject to ordinary days required to answer. File within 5 years by husband and
appeal. It is a summary proceeding which is final wife (Pacete v. Carriaga)
and executory. Appeal by Certiorari (Republic v.
Granada) Article 56: DENIAL OF PETITION FOR LEGAL
SEPARATION
Article 42: AFFIDAVIT OF REAPPEARANCE
1. Condonation of the offense
- A spouse declared PD and then appears may file an 2. Consent to the offense
AFFIDAVIT OF REAPPEARANCE or any interested 3. Connivance between parties
person. Mere appearance is not enough; affidavit must be 4. Both parties have given ground for legal separation
filed to render 2nd marriage void. (SSS v. De Bailon) 5. Collusion
- No need to secure affidavit if other spouse 6. Action barred by prescription
already dead because there is no more marriage - If both parties are guilty of a ground, cannot grant the
to restore and no subsequent marriage to revoke petition. If abandonment but with ust cause, cannot
consider it as a ground for legal separation on part of
Article 45: VOIDABLE MARRIAGES petitioner (Ong v. Ong)

- Existing at THE TIME OF MARRIAGE ADULTERY (Art. 333 of RPC)


1. 18>21, solemnized without consent of parents, unless
freely cohabited after 21 years old - Sex with man not her husband
2. Unsound mind unless came to reason and cohabited - Man can also be charged if he knows the woman to be
3. Consent obtained by FRAUD unless cohabited after married. Lower penalty is wife abandoned without just
4. Consent by force, intimidation, undue influence cause
5. Physical incapability of consummating the marriage - There are as many cries as there are adulterous acts (People
6. With serious & incurable STD v. Zapata)

Article 46: WHAT CONSTITUTES FRAUD CONCUBINAGE (Art. 334 of RPC)

- Non-disclosure of previous conviction by final judgement - Cohabitation with a woman not his wife
- Concealment of pregnancy by another man - Keep in the conjugal dwelling and have sex in scandalous
- Concealment of STD circumstances. Legal separation on this ground does not
- Concealment of drug addiction, habitual alcoholism, require conviction but only preponderance of evidence
homosexuality (Gandionco v. Penaranda)
- EXCLUSIVE LIST. No other may constitute
fraud
- Homosexuality per se is not a ground for annulment
- Impotence is never presumed, must be proven

Article 55: LEGAL SEPARATION

- Manifested AFTER MARRIAGE


- Cannot remarry, only live separately
- GROUNDS FOR LEGAL SEPARATION
1. Repeated physical violence, grossly abusive conduct

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