San Beda Persons

San Beda College of Law 1 MEMORY AID IN CIVIL LAW
PERSONS AND FAMILY
RELATIONS I. NEW CIVIL CODE
☞ took effect on August 30, 1950 2. When the law makes the act only
voidable and not void (ex.
Effectivity of laws voidable contracts where consent
Laws take effect 15 is vitiated)
days following the 3. When the law makes the act valid
completion of its publication but punishes the violator (ex.
Unless otherwise provided marriage solemnized by a person
by the law. This refers to without legal authority)
the 15 day period and NOT to the
requirement of publication. (Tanada vs. Waiver of rights
Tuvera) ☞ Requisites: (EKI)
1. Existence of a right
NOTE: Administrative rules and 2. Knowledge of the existence of a right
regulations must also be published if their 3. Intention to relinquish the right
purpose is to enforce or implement
existing laws pursuant to a valid Rights can be
delegation. The publication must be in
waived.
full since its purpose is to inform the
1. If the waiver is contrary to law,
public of the contents of the law. (Phil. Int’l
public order, public policy, morals
Trading Corp. vs. Angeles)
or good customs (LPPMG)
Ignorance of the law excuses no one ☞ 2. If the waiver is prejudicial to a third
party with a right recognized by
considered a CONCLUSIVE presumption
law.
and applies only to mandatory and
prohibitory laws. (Consunji vs. CA)
NOTE: A stipulation requiring the recipient
of a scholarship grant to waive his right to
Non-retroactivity of laws
transfer to another school, unless he
Laws have no
refunds the equivalent of his scholarship
retroactive effect.
in cash is null and void. The school
(UCIPELT) concerned obviously understands
1.Unless the law otherwise provides scholarship awards as a business scheme
2. Curative statutes designed to increase the business
3. Interpretative statutes potential of an educational institution.
4. Procedural/remedial Thus, conceived, it is not only inconsistent
5. Emergency laws with sound policy, but also with good
6. Laws creating new rights morals. (Cui vs. Arellano University)
7. Tax laws
Laws applicable
1. Ex
1. Penal laws and laws of public security
post facto laws 2. Laws that impair
obligation of contracts ☞ territoriality rule governs
☞ laws of the Philippines will govern
upon ALL those who live or
Acts Contrary To Law
sojourn in it
Acts which are contrary 2. Laws relating to family rights and
to mandatory or prohibitory laws are void. duties, or to the status, condition and
1. When the law itself authorized its legal capacity of persons
validity (ex. lotto, sweepstakes)
CIVIL LAW COMMITTEE

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spouse capacitating well as personal 3. Amount of
him or her to remarry, property is subject to successiona l rights
the Filipino spouse Covers 4. Order of succession
☞ nationality rule shall likewise have family Covers only the forms &
applies the capacity to rights & duties, status, solemnities (extrinsic
condition & legal validity)
☞ laws of the remarry under
capacity Exception :
Philippines will govern Philippine law. (Article
Art. 26, par. 2 of Family
its citizens, 26(2) Family Code)
Code
regardless of their Covers both real & Exceptions: 1. Art. 26,
residence NOTE: domiciliary personal par. 1 of
When a marriage rule supplants the property Family Code (marriage
between nationality rule in involving
a Filipino citizen and a cases involving Filipinos
foreigner is validly stateless persons solemnized abroad,
when such are void in
celebrated and a
Exceptions: (CIAO) the
divorce is thereafter 3. Laws on property
1. Capacity to succeed Philippines) 2. Intrinsic
validly obtained ☞ lex rei sitae applies validity of
2. Intrinsic validity of
abroad by the alien ☞ real property, as the will contracts
Renvoi Doctrine
the law of the country where it is ☞ Where the conflict rules of the
situated forum refer to a foreign law, and
the latter refers it back to the
4. Laws on forms and solemnities ☞ internal law, the latter (law of the
lex loci celebrationis applies forum) shall apply.
NOTE: If the foreign law refers it to a
Rules on Personal Law
DOMICILIARY RULE
his citizenship Presumption ☞ The foreign
third country, the said law, whenever applicable,
Basis for determining
country’s laws shall govern, should be proved by the
personal law of an individual is
his domicile and is referred to as the proponent thereof; otherwise,
NATIONALITY RULE transmission theory. such law shall be
basis for determining
personal law of an individual is Doctrine of Processual
LEX LEX REI SITAE TIONIS exactly the same as
NATIO NALII LEX LOCI CELEBRApresumed to be the law of the forum.
Rule on Prohibitive Laws Prohibitive laws
Art. 15, CC
Art. 16, CC Art. 17, CC
Citizenshi p is the basis applicable and laws which have conventions agreed
for determini ng the Law of the place where for their object public upon in foreign
personal law the contract was order, public policy or country.
applicable executed is the basis good customs are not
Law of the place for
rendered Art. 26, par. 2 Family
where the property is determining law
situated is applicable
ineffective by laws, Code
the basis for concerning persons, judgments ☞ Example: Divorce
determinin g law their acts or property promulgated or law
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with justice, give everyone his
Human Relations due, and observe honesty and
☞ Every person must, in the exercise good faith. (Art. 19 of NCC)
of his rights and in the
performance of his duties, act
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not distinguish, the act may be done
NOTE: The elements of an abuse of right either “willfully” or “negligently.” (Albenson
under Art. 19 are: Ent. Corp. vs. CA)
1. There is a legal right;
2. Which is exercised in bad faith; 3. ☞ The SC in Pe vs. Pe, applying Art. 21
For the sole intent of prejudicing or ruled that a married man had seduced a
injuring another. (Albenson Ent. Corp. girl through an ingenious and tricky
vs. CA) scheme, i.e. on the pretext of teaching her
how to pray the rosary, to the extent of
The SC in Velayo vs. Shell held the making her fall in love with him. Verily, he
defendant liable under Art. 19 for has committed an injury to the girl’s family
disposing of its property (a perfectly legal in a manner contrary to morals, good
act) in order to escape the reach of a customs and public policy.
creditor. Likewise, in Globe Mackay Cable
and Radio Corp. vs. CA, the employer However, in Tanjanco vs. CA, the
corporation was held liable for damages SC denied the award of moral damages
for an abusive manner in dismissing an based on the fact that for one year, from
employee, as well as for the inhuman 1958-1959, the plaintiff, a woman of adult
treatment the latter got from them. age, maintained intimate sexual relations
with defendant, with repeated acts of
☞ Every person who, contrary to law, intercourse. Such conduct is incompatible
willfully or negligently causes with the idea of seduction. Plainly, there is
damage to another, shall here voluntariness and mutual passion;
indemnify the latter for the same. for had the plaintiff been deceived, had
(Art. 20 of NCC) she surrendered exclusively because of
☞ Any person who willfully causes the deceit, artful persuasions and wiles of
loss or injury to another in a defendant, she would not have again
manner that is contrary to morals, yielded to his embraces, much less for
good customs or public policy one year without exacting early fulfillment
shall compensate the latter for the of the alleged promises of marriage and
damage. (ART. 21 of NCC) would have cut short all sexual relations
upon finding that defendant did not intend
NOTE: Art. 21 deals with acts contra to fulfill his promises. Hence, no case is
bonus mores, and has the following made under Art. 21 of Civil Code.
elements:
1. There is an act which is legal; 2. But ☞ While a breach of promise to marry
which is contrary to morals, customs, is not actionable, it has been held that to
public order; formally set a wedding and go through
3. and it is done with intent to injure. and spend for all the wedding preparation
Arts. 19, 20 and 21 are related to and publicity, only to walk out of it when
each other and, under these articles, an the matrimony was about to be
act which solemnized is a different matter. This
causes injury to another may be made the palpably and unjustifiably contrary to good
basis for an award of damages. customs for which the defendant must be
held answerable for damages in
There is a common element under Arts. accordance with Art. 21 of the Civil Code.
19 and 21, and that is, the act must be (Wassmer vs. Velez)
done intentional. However, Art. 20 does
CIVIL LAW COMMITTEE

Inherent Merely acquired

☞ The obligation of contempt proceedings. In the old maxim – “Nemo
cohabitation of husband and private relations, physical potest preciso cogi ad
wife is not enforceable by coercion is barred under the factum.” However, the refusal
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of the wife to perform her Cannot be causes Cannot exist without
wifely limited or juridical capacity Can be
Lost only through death restricted restricted, modified or limited
Lost through death and other
Can exist without capacity to act
THEORIES ON CAPACITY TO ACT

duties, her denial of consortium and her
desertion of her husband the resolution of which is a
would certainly constitute a logical antecedent of the issue personality.
willful infliction of injury upon involved herein, and the
her husband’s feelings in a cognizance of which pertains THEORY OF
manner which is contrary to to SPECIAL
morals, good customs and CAPACITIES
public policy for which Arts. 21 THEORY OF Applies to juridical persons
and 2210 (10) of the CC GENERAL This limits the power of juridical
authorize an award for moral CAPACITIES persons only to those that are
damages. (Tenchavez vs. Applies to expressly conferred upon them or
Escano) natural persons those which can be implied
One has the therefrom or
ability to do all incidental thereto Birth
Prejudicial Question things with legal effects except
If both criminal and only in those
civil cases are filed in court, specific circum
the criminal case takes stances where
precedence. the capacity to determines
act is restrained
When there is
a prejudicial question or a
Natural persons
question that arises in a case,
another tribunal. conceived child as born for all purposes
☞ Requisites (Sec. 7, Rule 111, favorable to it if born alive. Therefore, the
Rules of Court) child has a presumed personality, which
a. Previously instituted civil action has two characteristics:
involves an issue similar or 1. limited; and
intimately related to the issue 2. provisional/conditional
raised in the subsequent criminal (Quimiguing vs. Icao)
action, and
b. The resolution of such issue NOTES:
determines whether or not the ✍ The presumption as to the child’s
criminal action may proceed personality applies only in cases
beneficial to the child.
NOTE: The Civil Code has suppletory
application in matters governed by special ✍ The concept of provisional personality
laws CANNOT be invoked to obtain
damages for and in behalf of an
PERSONS aborted child. (Geluz vs. CA)
CIVIL PERSONALITY When is a Child Considered Born For

☞ aptitude of being the subject, civil purposes, the
active or passive, of rights and fetus is considered born if it is alive at the
obligations time it is completely delivered from
The law considers the
JURIDICAL intrauterine life of less than 7
CAPACITY Power to do act with legal effects months, it is not deemed
Fitness to be the subject of legal the mother’s womb. born if it dies within 24 hours
relations after its complete delivery
CAPACITY TO ACT If the fetus had from
an
Passive Active the maternal womb.

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Cessation of Civil Personality
1. If natural persons: by death
Presumption of survivorship 2. If juridical persons: by termination of
☞ Two or more persons, called to existence
succeed each other, shall be
presumed to have died at the CITIZENSHIP AND DOMICILE
same time, subject to the
RESIDENCE DOMICILE
following conditions:
1. parties are heirs to one another
2. no proof as to who died first applied only in the absence of several places of
3. with doubt as to who died facts. residence
first NOTE: Article 43 applies
when the parties are called to Juridical persons Elements of Domicile
succeed each other. But if the Used to indicate a PLACE OF denotes a FIXED PERMANENT
parties are not called to ABODE, whether RESIDENCE, which when
succeed each other, Rule 131, permanent or absent, one has the intention of
temporary returning
Sec. 3 (jj) of the Rules of
There can only be ONE place of
Court applies. Both are to be
There can be domicile
Pedro Fragrante)
a. Physical presence in a fixed place b.
Intention to remain permanently (animus
a. State and its political manendi)
subdivisions
b. Corporations, institutions and Kinds of Domicile
entities for public purpose or 1. Domicile of origin - received by a
interest person at birth.
c. Corporations, partnership and 2. Domicile of choice - the place freely
associations for private interest chosen by a person sui juris.
EATED: For (a) and (b), by the 3. Constructive domicile - assigned to a
laws creating or recognizing child by law at the time of his birth.
them; private corporations are governed
by BP 68 and partnership and II. FAMILY CODE
associations are governed by the ☞ took effect August 3, 1988
provisions of this Code concerning
partnerships. MARRIAGE
☞ A special contract of permanent union
NOTE: The Roman Catholic Church is a between a man and a woman entered
corporation by prescription, with into in accordance with law for the
acknowledged juridical personality, establishment of conjugal and family
inasmuch as it is an institution which life. Its nature, consequences and
antedated, by almost a thousand years, incidents are fixed by law and cannot
any other personality in Europe, and be the subject of stipulation.
which existed when Grecian eloquence
still flourished in Antioch and when idols Essential requisites: (LC)
where still worshipped in the temple of 1. Legal capacity of the contracting
Mecca. (Barlin vs. Ramirez) parties, who must be a male and a
female
The estate of a deceased person 2. Consent freely given in the presence of
should be considered an artificial or a solemnizing officer
juridical person for the purposes of the
settlement and distribution of his estate Formal requisites: (ALM)
which, of course, include the exercise 1. Authority of the solemnizing officer 2.
during the judicial administration thereof Valid Marriage License
of those rights and the fulfillment of those 3. Marriage ceremony where the
obligations of his which survived after his contracting parties appear before
death. (Limjoco vs. Intestate Estate of
CIVIL LAW COMMITTEE

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their customs, rites and practices
2. solemnized outside the Phil. where
NO marriage license is required by
the solemnizing officer, with their the country where they were
personal declaration that the take solemnized
each other as husband and wife in 3. of a man and a woman who have lived
the presence of not less than two together as husband and wife for at
witnesses of legal age least 5 years and without legal
impediment to marry each other
Effects: NOTE: The 5-year period should be
1. Absence of essential or formal computed on the basis of a
requisites cohabitation as husband and wife
☞ the marriage is void ab initio 2. where the only missing factor is the
Defect in any of the essential requisites marriage contract to validate the
☞ The is marriage voidable union. This 5-year period should be
3. Irregularity in any of the formal the years immediately before the day
requisites of the marriage and it should be a
☞ Does NOT affect the validity of the period of cohabitation characterized
marriage BUT will hold the party by exclusivity - meaning no third party
responsible for such irregularity was involved at any time within the 5
liable years and continuity - that is
unbroken (Ninal vs. Bayadog, GR No.
Persons Authorized To Solemnize 133778 March 14, 2000).
Marriages: (PMJCCC)
1. priests, rabbis, and ministers of any NOTE: In the case of Manzano vs.
church Sanchez (G.R. No. MTJ-00-1329,
2. municipal and city mayors March 08, 2001), the Supreme Court
3. members of the judiciary laid down the requisites to avail the
4. ship captains or air plane chiefs 5. exemption under Article 34 of the
commanders of military unit, in the Family Code:
absence of chaplain a. The man and woman must have
6. consul generals, consuls or vice been living together as husband
consuls and wife for at least five years
before the marriage;
Authorized Venues Of Marriage b. The parties must have no legal
Must be solemnized impediment to marry each other;
publicly, and not elsewhere, in the: 1. c. The fact of absence of legal
chambers of the judge or in open court impediment between the parties
2. church, chapel or temple must be present at the time of
3. office of consul-general, consul or marriage;
vice-consul d. The parties must execute an
affidavit stating that they have
1. marriage at the point of lived together for at least five
death (articulo mortis); years [and are without legal
2. marriage in remote places impediment to marry each other;
3. marriage at a house or place and
designated by the parties with the e. The solemnizing officer must
written request to the solemnizing execute a sworn statement that
officer he had ascertained the
qualifications of the parties and
Marriages Exempt From License that he had found no legal
Requirement: (MOLAR) impediment to their marriage
1. among Muslims or members of ethnic 4. in articulo mortis
cultural communities, provided such 5. in remote places
were solemnized in accordance with

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par.2 which requires that, at
NOTE: A marriage license is valid only for the time of the marriage, one of the
120 days from date of issue, in any part of parties is already an alien.
the Philippines.
VOID MARRIAGES
Foreign Marriages A. Due to absence of any of the
☞ Validity of marriage: essential requisites: (BB-LAPIS) 1.
Where one or both contracted by any party below 18 years of
parties to the marriage are citizens of age even with parental consent
the Philippines, the foreign marriage is 2. solemnized by any person not legally
valid in this country if solemnized in authorized to perform marriages
accordance with the laws of the country of unless one or both of the parties
celebration. believed in good faith that the
Foreign marriages shall solemnizing officer had the legal
not be recognized in the Philippines if authority to do so
prohibited because: (MABB-PIP) 3. solemnized without a license except as
1. contracted by a national who is otherwise provided
below 18 years of age 4. bigamous or polygamous marriages 5.
2. bigamous or polygamous (except marriages contracted through mistake of
as provided for in Art. 41, FC) one of the parties as to the identity of the
3. contracted through mistake of one other
party as to the identity of the 6. subsequent marriages that are void
other under Article 53 of the Family Code 7.
4. contracted following the annulment contracted by a party who at the time of
or declaration of nullity of a the marriage was psychologically
previous marriage but before incapacitated
partition
5. void due to psychological B. Incestuous marriages, whether the
incapacity relationship be legitimate or
6. incestuous illegitimate (Article 37):
7. void for reasons of public policy 1. between ascendants & descendants of
any degree
☞ Validity of divorce: 2. between brothers & sisters whether full
A divorce validly or half-blood
obtained abroad by
the alien spouse, capacitating him/her to C. Those contrary to public policy
remarry can allow the Filipino to remarry. (Article 38): (SCAPS-SAKA)
The rule will not apply if
1. between collateral blood relatives
the divorce was obtained whether legitimate or illegitimate up to
by the Filipino spouse.
the 4th civil degree
2. between step-parents & step children
NOTE: A Filipino wife remains the lawful
3. between parents-in-law & children
wife of the Filipino husband despite a
in-law
decree of divorce obtained abroad by the
4. between the adopting parent & the
wife. However, if the wife is already a
adopted child
foreigner at the time of the divorce, she
5. between the surviving spouse of the
ceases to be the lawful wife of the Filipino
adopting parent & the adopted child 6.
husband. This, notwithstanding, if at the
between the surviving spouse of the
time of the marriage the wife was still a
adopted child & the adopter
Filipino, and subsequently acquires
7. between an adopted child & a
citizenship of another country, thereby
legitimate child of the adopter
rendering her to have the legal capacity to
8. between the adopted children of the
obtain a decree of divorce, the Filipino
same adopter
husband remains a spouse of the former.
9. between parties where one, with the
This situation is not covered by Art. 26,
CIVIL LAW COMMITTEE

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cohabitation
Psychological Incapacity
☞ no exact definition but is restricted to
intention to marry the other, killed the psychological incapacity “to comply
latter’s spouse, or his/her spouse. with the essential marital obligations
of marriage”
NOTE: Under the FC, the following can ☞ involves a senseless, protracted and
now marry each other: constant refusal to comply with the
a. Brother-in-law and sister-in-law; b. essential marital obligations by one or
Stepbrother and stepsister; both of the spouses although he, she
c. Guardian and ward; or they are physically capable of
d. Adopted and illegitimate child of the performing such obligations (Chi Ming
adopter; Tsoi vs. CA)
e. Parties who have been convicted of
adultery or concubinage. ☞ Essential elements:
(MAVFFCCI) a. Mental condition
D. Subsequent marriages b. Applies to a person who is maritally
1. without judicial declaration of nullity of contracted to another
previous void marriage (Article 40) c. Marriage entered into with volition
2. without judicial declaration of d. Failure to perform or comply with
presumptive death of absent spouse the essential obligations in
(Article 41) marriage
3. where the spouse was presumed dead, e. Failure to perform is chronic f.
and both the present spouse and Cause is psychological in nature g.
would-be spouse were in bad faith in Cause is serious, with juridical
contracting marriage (Article 44) antecedence and must be
incurable
NOTE: Where there was failure to record h. Incapacity results in the failure of
in the civil registry and registry of property the marriage.
the judgment of annulment or of absolute
nullity of the marriage, partition and
distribution of the property of the spouses (Republic vs. Molina)
and the delivery of the children’s 1. burden of proof belongs to the plaintiff
presumptive legitimes it shall not affect 2. root cause of the psychological
third persons (Articles 52-53). incapacity must be:
a. medically or clinically identified b.
NOTE: Even if a marriage is void, it must alleged in the complaint
be declared void first because the parties c. sufficiently proven by experts d.
cannot decide for themselves the explained in the decision
invalidity of their marriage. 3. incapacity must be existing at the time
of the celebration of marriage 4. incapacity
must be permanent or incurable
VOID VOIDABLE 5. illness is grave enough to bring about
Decree of nullity Decree of annulment disability to assume marital
Never be ratified Ratified by free obligations
Attacked directly or collaterally 6. marital obligations refer to Art. 220,221 and
Attacked directly only Art. 68- 71 of FC as well as
Co-ownership Conjugal 225 of the FC
Partnershi 7. interpretations of the National Appellate
p Matrimonial Tribunal of
Always void Valid until annulled
Action for Action prescribes controlling should be given
declaration of nullity does not the Catholic Church of the great respect.
prescribe Philippines while not 8. trial court must order the

the Solicitor General to appear for the
prosecuting attorney or fiscal and state.
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conditions concur, the subsequent
JUDICIAL OF DECLARATION OF bigamous marriage shall be valid: 1.
NULLITY ☞ The absolute nullity of a absence of the other spouse must have
previous marriage may be invoked for been for four consecutive years, or two
purposes of remarriage on the basis years where there was danger of death 2.
solely of a final judgment declaring such well-founded belief of the present spouse
previous marriage void. that absent spouse was already dead
NOTES: 3. judicial declaration of presumptive
✍ For purposes of remarriage, the only death
legally acceptable basis for declaring a
previous marriage an absolute nullity is EFFECTS OF TERMINATION OF
a final judgment declaring such SUBSEQUENT MARRIAGE: (ICADI) 1.
previous marriage void, whereas, for Children of the subsequent marriage
purposes other than remarriage, other conceived prior to its termination shall
evidence is acceptable. (Domingo vs. be considered legitimate;
CA) 2. The absolute community or conjugal
✍ In a case for concubinage, the partnership shall be dissolved and
accused need not present a final liquidated. If either spouse acted in
judgment declaring his marriage void bad faith, his/her share in the net
for he can adduce evidence in the profits shall be forfeited:
criminal case of the nullity of his a. in favor of the common children; b.
marriage other than proof of a final if none, in favor of the children of the
judgment declaring his marriage void. guilty spouse by previous marriage;
Hence, the pendency of the civil action or
for nullity of marriage does not pose a c. in default of children, in favor of the
prejudicial question in a criminal case innocent spouse;
for concubinage. 3. Donations by reason of the marriage
remain valid except if the donee
✍ Parties to the marriage should not be contracted the marriage in bad faith;
permitted to judge for themselves its
4. The innocent spouse may revoke the
nullity, for the same must be submitted
designation of the spouse in bad faith
to the judgment of the competent
as the beneficiary in any insurance
courts and only when the nullity of the
policy; and
marriage is so declared can it be held
5. The spouse who contracted the
as void, and so long as there is no
subsequent marriage in bad faith
such declaration, the presumption is
shall be disqualified to inherit from the
that the marriage exists for all intents
innocent spouse by testate or
and purposes. Therefore, he who
intestate succession.
cohabits with a woman not his wife,
NOTE: The above effects apply in
before the judicial declaration of nullity
voidable bigamous marriages. Except for
of the marriage, assumes the risk of
(1), the above effects also apply to
being prosecuted for concubinage.
marriages which are annulled or declared
(Beltran vs. People, June 20, 2000)
void ab initio under Art. 40 of the Code.
BIGAMOUS MARRIAGES
DECLARATION OF PRESUMPTIVE
DEATH ☞ Requisites: (MR-BF)
A marriage contracted
1. That the absentee spouse has been
by any person during the subsistence of a
missing for 4 consecutive years or 2
previous valid marriage shall be null and
consecutive years if the
void.(Gomez vs. Lipana)
disappearance occurred where there
When the following
CIVIL LAW COMMITTEE

3. The present spouse has well-founded
belief that the absentee is Dead; 4. The
present spouse files a summary
is danger of death under proceeding for the declaration of
circumstances laid down in Art.391 of presumptive death.
the NCC
2. The present spouse wishes to remarry; NOTE: The present spouse must
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establish that he had a well-founded belief Fraudulent means of obtaining consent of
required by law that his absent wife was either party
already dead that would sustain the 4. Vitiated consent of either party through
issuance of a court order declaring force, intimidation or undue influence
presumptive death. In the case of RP vs. 5. Physical incapability of either party to
Nolasco, The SC believed that consummate the marriage with the
respondent Nolasco failed to conduct a other, and such incapacity continues
search for his missing wife with such and appears to be incurable
diligence as to give rise to a “well 6. Sexually-transmissible disease of either
founded belief” that she is dead. When he party found to be serious and appears
arrived in San Jose, Antique after learning to be incurable
of his wife’s departure, instead of seeking
the help of local authorities or of the NOTE: Mode of ratification for Nos. 1-4 is
British embassy, he secured another COHABITATION. In Nos. 5 & 6, there is
seaman’s contract and went to London, a no ratification to speak of since the defect
vast city of many millions of inhabitants, to is permanent. The latter can be
look for her there. (RP vs. Nolasco) convalidated only by prescription, i.e. 5
years from the date of marriage.
Effect of Reappearance of Absent Specifically, in no.5, the healthy spouse
Spouse: may still annul the marriage within 5yrs.
The subsequent after celebration.
bigamous marriage under Article 41
remains valid despite reappearance of
the absentee spouse. Circumstances amounting to Fraud
under Article 46: (SPND)
If the reappearance was
made in a sworn statement 1. Non-disclosure of a previous conviction
by final judgment of the other party of
recorded in the civil registry, the
a crime involving moral turpitude;
subsequent marriage is “automatically
terminated.” 2. Concealment by the wife of the fact that
at the time of the marriage, she was
If there Pregnant by a man other than her
was a previous judgment annulling or husband;
declaring the first marriage a nullity, the 3. Concealment of a Sexually
subsequent bigamous marriage remains transmissible disease, regardless of
valid. its nature, existing at the time of the
marriage; and
VOIDABLE MARRIAGES 4. Concealment of Drug addiction,
☞ Grounds: (UP-FAVS) habitual alcoholism, homosexuality or
1. Age of the party in whose behalf it is lesbianism existing at the time of the
sought to have the marriage annulled marriage.
was 18 years of age or over but below
21, and the marriage was solemnized NOTES:
without the consent of the parents,
✍ Misrepresentation as to character,
guardian or person exercising
health, rank, fortune or chastity is not
substitute parental
a ground for annulment.
authority over the party, in that order,
and both lived together as husband ✍ The enumeration in Article 46 is
and wife; EXCLUSIVE. (Anaya vs. Palaroan)
2. Unsound mind of either party 3.

Sue comes first may Cohabitation or
Ground (F2I2NS) Prescripti ve Period convalidate the Prescription.
Persons Who May marriage:
Injured party w/in 5 years from intimidatio
1.Force, the time n, or undue
intimidation , or undue influence the force, influence
/
ceased Impotence exists at the time permanent c. incurable
Requisites for annulment of the celebration of the d. The impotence is unknown
due to Impotence under marriage to the other spouse
Art.45(5) (CUPIN) a. b. The impotence is
2. Fraud Injured party w/in 5 years from
the dis e. The other spouse must not also be
covery of impotent
fraud
the insanity Article 45(6) (ICSIIF) 1.
(b) relatives, Either party is inflicted with a
3. incapabi lity to guardians or sexually transmissible disease
consum persons ha
(STD)
mate ving legal
Injured party w/in 5 years after charge of the
insane ADDITIONAL
the
celebration (c) insane REQUIREMENTS FOR
of the spouse ANNULMENT OR
marriage (a) anytime before the death of DECLARATION OF
Doctrine of Triennial either NULLITY
party
Cohabitation ☞ presumption 1. Prosecuting attorney or
(b) anytime before the death of
that the husband is impotent either fiscal should:
should the wife still remain a party a. Take steps to prevent
virgin after 3 years of living (c) during lucid collusion between the parties
together with her husband. interval or after b. Take care that evidence is
regaining sanity not fabricated or suppressed
4. Insanity (a) sane spouse who Requisites for annulment 2. The following must be
has no due to Disease under
knowledge of
5. Non consent (a) anytime before the a. Partition and c. Recording of the
(a) parent/ legal “no distribution of the judgment of
guardian consent” party properties of the annulment or absolute
having charge of the “no reaches 21 (b) w/in 5 spouses nullity.
consent” years after reaching 21
party b. Delivery of the
(b) ”no consent “ party accomplished: children’s NOTES:
presumptive legitimes
6. STD Injured party w/in 5 years after parties had arranged to make it
the appear that a ground existed or had
celebration been committed although it was not,
of the
or if the parties had connived to bring
marriage
about a matrimonial case even in the
absence of grounds therefore.
NOTE: In Nos. 1, 2, 4, and 5, when
(Ocampo vs. Florenciano)
cohabitation takes place after the defect
ceases to exist, the prescriptive period is ✍ A grant of annulment of marriage or
rendered moot and academic. Whichever legal separation by default is fraught
✍ There will be collusion only if the
CIVIL LAW COMMITTEE

that collusion existed between the
parties. Under these circumstances,
the non-intervention of a prosecuting
with danger of collusion. If the attorney to assure lack of collusion
defendant spouse fails to answer the between the contending parties is not
complaint, the court cannot declare fatal to the validity of the proceedings
him or her in default but instead, in the trial court. (Tuason vs. CA, GR
should order the prosecuting attorney 116607, April 10, 1996)
to determine if collusion exists
between the parties. RULE ON DECLARATION OF
However, petitioner’s vehement ABSOLUTE NULLITY OF VOID
opposition to the annulment MARRIAGES AND ANNULMENT OF
proceedings negates the conclusion VOIDABLE MARRIAGES (A.M.
/
00-11-01-SC)
☞ took effect on March 15, 2003 ☞ this NOTES:
Rule shall govern petitions for declaration ✍ Cooling-off Period – 6 months period
of absolute nullity of void marriages and designed to give the parties enough
annulment of voidable marriages under time to further contemplate their
the Family Code of the Philippines. positions with the end in view of
☞ the Rules of Court has suppletory attaining reconciliation between them.
application ✍ The enumeration in Article 55
☞ for a more comprehensive discussion regarding legal separation is
on the procedural aspects of the EXCLUSIVE. (Lacson vs. San Jose
Rule, please refer to the Remedial Lacson)
Law Memory Aid.
Grounds for denial of petition:
LEGAL SEPARATION (CCCC-MP-DR)
☞ Grounds: (SAMBA-LIPAD)
a. Condonation -NOTE: failure of the
1. repeated physical violence or grossly husband to look for his adulterous
abusive conduct directed against the wife is NOT condonation to wife's
petitioner, a common child, or a child adultery. (Ocampo vs. Florenciano)
of the petitioner
b. Consent
2. attempt of the respondent to corrupt or c. Connivance
induce the petitioner, a common d. Collusion
child, or a child of the petitioner, to e. Mutual Guilt
engage in prostitution, or connivance f. Prescription
in such corruption or inducement g. Death of either party during the
3. attempt by the respondent against the pendency of the case (Lapuz-Sy vs.
life of the petitioner Eufemio)
4. final judgment sentencing the h. Reconciliation of the spouses during
respondent to imprisonment of more the pendency of the case
than 6 years even if pardoned
5. drug addiction or habitual alcoholism of Effects of filing petition:
the respondent a. The spouses shall be entitled to live
6. lesbianism or homosexuality of the separately from each other.
respondent
b. The husband shall have no more right
7. abandonment of the petitioner by the to have sexual intercourse with his
respondent without justifiable cause wife.
for more than 1 year
c. In the absence of an agreement
8. physical violence or moral pressure to between the parties, the court shall
compel petitioner to change religious designate the husband, the wife, or a
or political affiliation
3rd person to manage the absolute
9. contracting by respondent of a community or conjugal partnership
subsequent bigamous marriage; and 10.
property.
sexual infidelity or perversion.

d. The offending spouse shall be
Effects of decree of legal disqualified from inheriting from the
separation: a. The spouses shall be innocent spouse by intestate
entitled to live separately from each other succession and the provisions in
but the marriage bond is not severed. favor of the offending spouse made in
b. The absolute community or conjugal the will of the innocent spouse shall
partnership shall be dissolved and be revoked by operation of law.
liquidated. e. The innocent spouse may revoke the
c. The custody of the minor children shall donations made by him/her in favor of
be awarded to the innocent spouse the offending spouse, as well as the
subject to the provisions of Art. 213 of designation of the latter as beneficiary
the Code. in any insurance policy, even if the
/
designation be irrevocable. grounds, may the former’s consent be
necessary.
Effects of Reconciliation of the
Spouses: Property Relations Between Husband &
a. The legal separation proceedings, if still Wife
pending, shall thereby be terminated ☞ Governed by:
at whatever stage. 1. marriage settlements executed before
b. The final decree of legal separation the marriage or antenuptial
shall be set aside, but the separation agreements
of property and any forfeiture of share 2. provisions of the Family Code 3. local
of the guilty spouse already effected customs (when spouses repudiate
shall subsist, unless the spouses absolute community)
agree to revive their former property
regime. MARRIAGE SETTLEMENTS
☞ It is a contract entered into by the
RULE ON LEGAL SEPARATION future spouses fixing the matrimonial
(A.M. 02-11-11-SC) property regime that should govern
☞ took effect on March 15, 2003 ☞ this during the existence.
Rule shall govern petitions for legal
separation under the Family Code in the ☞ Requisites:
Philippines; the Rules of Court shall apply 1. made before celebration of marriage 2.
suppletorily in writing (even modifications) 3. signed
☞ please refer to the Remedial Law by the parties
Memory Aid for the procedural 4. not prejudice third persons unless
provisions of the Rule registered in the civil registry
5. to fix terms and conditions of their
MARITAL RIGHTS AND property relations
OBLIGATIONS (JL-FORM) 6. additional signatories
1. live together a. 18-21: parents
2. observe mutual love, respect & fidelity b. civil interdictees & disabled:
3. render mutual help & support 4. guardian
fix the family domicile
5. joint responsibility for the support of the ☞ Not applicable when:
family 1. both spouses are aliens, even if
6. management of the household married in the Philippines
2. as to extrinsic validity of contracts 3.
Exercise of Profession contrary stipulation
Husband & wife
can engage in any lawful DONATIONS BY REASON OF
enterprise or profession without the MARRIAGE ☞ Requisites: (COBB)
consent of the other. 1. made before celebration of marriage 2.
Upon objection of the other in consideration of marriage
spouse only on valid, serious and moral
CIVIL LAW COMMITTEE

void. This is so because it is more in
keeping with Filipino culture.
Community property
3. in favor of one or both future spouses
BASES DONATIONS formalities of wills EXCEPTIONS: (BEG)
PROPTER ORDINARY DONATIONS 1. property acquired before
NUPTIAS the marriage by either spouse
Formalities Governed by the rules Governed by rules on donations who has legitimate
on ordinary (Arts. 725- 773, NCC) descendants by a former
donations except shall consist of all property marriage
that if future owned by the spouses at the 2. property for personal and
property is time of the marriage or
donated, it must
exclusive use except jewelry
acquired thereafter.
conform with
Present Property
/
Cannot be rights allowed during
included the marriage except in
3. property acquired case of judicial
May be included during the marriage by separation of property.
provided donation is gratuitous title, except The waiver must be in
Future mortis causa
property
when the donor, a public instrument.
No limit
May be donated but up except that donor shall testator or grantor
to 1/5 of leave expressly provides Administration of the
donor’s present property property otherwise community
enough for his support NOTE: No waiver of
Grounds for Art. 86, FC Arts. 760, 764, & 765, It shall
revocation NCC belong to both spouses jointly.
property
1. In case of disagreement,
Rule on Donation Between Spouses husband’s decision shall prevail. 2. In
During Marriage case one spouse is incapacitated or
VOID, either direct or unable to participate in the
indirect donation administration of the common
1. moderate gifts on properties, other spouse may assume
occasions of family celebrations sole powers. NOTE: These powers do
2. donations mortis causa not include:
NOTE: This rule also applies to a. Disposition
common-law spouses. (Article 87, Family b. encumbrance
Code)
NOTE: Any alienation or encumbrance is
Grounds for Revocation (VIRAL-CN) 1. void if without the written consent of the
marriage Not celebrated or declared Void other spouse
ab initio except those made in marriage
settlements Rule on Game of Chance
2. marriage without parental Consent 3. ☞ LOSS: Shall be borne by the loser
marriage is Annulled and donee is in bad spouse and shall not be charged to
faith the community property
4. upon Legal separation, the donee ☞ WINNINGS: Shall form part of the
being the guilty spouse community property
5. complied Resolutory condition 6.
donee commits acts of Ingratitude Steps in Liquidation of AC:
(IP-DDP) 1. Inventory
SYSTEM OF ABSOLUTE COMMUNITY a. Inventory of Community Property b.
(AC) ☞ The property regime of the Inventory of separate property of the
spouses in the absence of a marriage wife
settlement or when the marriage is

fund the fruits of their separate property,
c. Inventory of separate property of and the income from their work or
the husband industry, the same to be divided between
2. Payment of Community Debts ☞ First, them equally (as a general rule) upon the
pay out of community assets, if not enough,
husband and wife are solidarily liable
dissolution of the marriage or the
3. Delivery to each spouse his/her partnership.
separate property if any
4. Division of the net community assets 5. Conjugal Partnership Property: (LC2
Delivery of presumptive legitimes, if any, FONT)
to the children 1. obtained from labor, industry, work or
profession
CONJUGAL PARTNERSHIP OF GAINS 2. acquired by chance
(CP) ☞ It is that formed by a husband and 3. acquired during the marriage with
wife whereby they place in a common conjugal funds
/
4. fruits of the conjugal property 5. spouse
acquired through occupation 6. net fruits 3. Payment of debts to each spouse 4.
of their exclusive property 7. share of Payment of obligations to third parties
either spouse in hidden treasure 5. Delivery of exclusive properties 6.
Payment of losses and deterioration of
Exclusive Property Of Each Spouse: movables belonging to each spouse
(OGRE) 7. Delivery of presumptive legitimes 8.
1. that which is brought to the marriage Division of the net conjugal partnership
as his/her own properties
2. acquired during the marriage by
gratuitous title NOTE: Property bought on installments
3. acquired by right of redemption, barter paid partly from exclusive funds of the
or exchange with property belonging spouses and partly form conjugal funds:
to either spouse a. If full ownership was vested before
4. purchased with exclusive money of the marriage – it shall belong to
either spouse the buyer-spouse
b. If full ownership was vested during
Rules In Cases Of Improvement Of the marriage - it shall belong to
Exclusive Property the conjugal partnership
1. Reverse Accession – if the cost of the
improvement and the plus value is Charges Upon and Obligations Of AC
more than the value of the principal and CP:
property at the time of the 1. Support for family except for
improvement, the property becomes illegitimate children of either spouse;
conjugal 2. Debts and obligations which must have
2. Accession – if the cost of the been contracted:
improvement of the plus value is a. by administrator-spouse for the
equal to or less than the value of the benefit of the family;
principal property at the time of the b. by both spouses; or
improvement, the entire property c. by one spouse with the consent of
becomes the exclusive property of the the other;
spouse. 3. Debts and obligations without marital
consent provided the family was
Steps In Liquidation Of CP: benefited;
(DIRDO-DIP) 1. Inventory of the Conjugal 4. All taxes, liens, charges and expenses
Partnership of Gains assets including major or minor repairs upon
2. Restitution of advances made to each the community or conjugal property;
CIVIL LAW COMMITTEE

9. Expenses of litigation between spouses
unless found to be groundless.
NOTE: However, in conjugal NOTES:

partnership, actual use need not be ✍ The separate properties shall be
proved because it is presumed. solidarily and subsidiarily liable for the
5. All taxes and expenses for mere obligations if the community or
preservation made during the conjugal properties are insufficient.
marriage upon the exclusive property ✍ The absolute community property shall
of either spouse used by the family; also be liable for ante-nuptial debts
6. Expenses for education or self mentioned above, support of
improvement of either spouse; illegitimate children, and liabilities
7. Ante-nuptial debts of either spouse incurred by either spouse by reason
insofar as they have redounded to the of a crime or quasi-delict in case of
benefit of the family; insolvency of the exclusive property
8. The value of what is donated or of the debtor-spouse. Payment of
promised by both spouses in favor of which shall be advanced by the
their common legitimate children for absolute community property, subject
education or self-improvement; and to deduction from the share of the
/
debtor-spouse. a. petitioner’s spouse has been
✍ The conjugal partnership property sentenced with a penalty which
shall likewise be liable for the carries with it civil interdiction;
payment of the personal debts of b. loss of parental authority of the
either spouse insofar as they have petitioner’s spouse as decreed by the
redounded to the benefit of the family. court;
✍ Indirect benefits that might accrue to a c. petitioner’s spouse has been judicially
husband in his signing a surety or declared an absentee; d. abandonment by
guarantee agreement not in favor the petitioner’s spouse and failure to
view would put in peril the conjugal comply with the obligations to the family;
partnership property by allowing it to e. spouse granted power of administration
be given gratuitously as in cases of in marriage settlement abused such
donation of conjugal partnership power; and
property, which is prohibited. (Ayala f. at the time of the petition, spouses are
Investment Corp. vs. CA) separated in fact for at least 1 year
and the possibility for reconciliation is
Grounds For Termination Of Absolute highly improbable.
Community And Conjugal Partnership:
(LADS) NOTE: The spouses contribute to the
family expenses proportionately with their
1. decree of legal separation
2. annulment or declaration of nullity of income and the value of their properties.
marriage However, the liability of the spouses to the
creditors for family expenses is solidary.
3. death of either spouses
4. judicial separation of property
PROPERTY REGIME OF UNIONS
REGIME OF SEPARATION OF WITHOUT MARRIAGE
PROPERTY ☞ Causes: (CLAAPS) Art. 147 Art. 148
of the family but in creditors cannot go
favor of his employer against the conjugal Applica bility 1. With legal
corporation are not partnership property 1. Without impediment to marry
legal 2. Adulterous
the benefits that can of the husband in
impediment to marry relationships 3.
be considered as satisfying the 2. Void Bigamous or
giving a direct obligation subject of marriages due to polygamous marriages
advantage accruing tothe surety agreement. absence of formal 4. Incestuous
the family. Hence, the A contrary requisite

void marriages bad faith is not
under Art. 37 5. Belongs to validly married to
Property Void such party another or if both
Acquired marriages by of waiver by any or parties are in bad
Owned in reason of all of the common faith, such share
equal shares public policy under children or shall be forfeited in
Art. 38 Separately their the manner
owned by the descendants, in provided in the last
Salaries & Wages Belongs to such parties favor of the paragraph of
party provided innocent party.
Exclusively Article 147.
there is proof
by Either Party only the properties
Governed by the rules acquired by both of the
on co parties through their
Property Acquired by ownership actual joint
Both Parties Owned by them in
common in proportion to
contribution of money,
their property or industry
Presumption respective contributions shall be owned by
Presump No them in proportion to
that he/she acquired it their respective
by exclusive funds NOTE: Under Art. 148, contributions. It must
/
be stressed that while they live family and household, co-ownership and no
actual contribution is together. are regarded as presumption of equal
required by this presumption of joint contributions to the shares. (Agapay vs.
provision, in contrast acquisition. When there acquisition of common Palang). Hence, mere
is evidence of joint
to Art. 147 which state property by one who cohabitation without
acquisition but none as
that efforts in the care to the extent of has no salary or proof of contribution
and actual income or work or will not result in a
tion (prima facie) contribution, there is a industry. If the actual co-ownership. (Tumlos
of joint presumption of equal contribution of the vs. Fernandez).
acquisition and equal sharing. party is not proved,
sharing as to property
maintenance of the there will be no THE FAMILY
acquired
Forfeiture When only one of b. in default and protect hence, no suit
the of or in case between members of the
parties is in If one of the parties is family shall prosper unless the
good faith, validly married to another,
compromise between the
the share of his/her share in the co
ownership
parties have failed
the party in
bad faith in shall accrue to the absolute
the co community or conjugal
ownership partnership existing in 1. between husband and wife
shall be such valid 2. between parents and
forfeited: marriage. children 3. among ascendants
a. in favor If the party who acted in
and descendants
of their
common ☞ Basic social institution 4. among brothers and sisters
children; or which public policy cherishes whether full or half-blood
CIVIL LAW COMMITTEE

6. can constitute one (1) family home only
PATERNITY AND FILIATION

FAMILY HOME
The family home is Rule on Children Conceived as a
exempt from execution, forced sale or Result of Artificial Insemination
attachment. ☞ Status is legitimate child, provided
(PLMN) both husband and wife authorized or
1. debts incurred prior to constitution ratified the insemination in a written
2. debts due to laborers, mechanics, instrument which they executed and
architects, builders, material men signed before the birth of the child
and others who have rendered
service or furnished materials for Legitimate Children
the construction of the building Only those who
3. debts secured by mortgages are conceived or born
4. non-payment of taxes during a valid marriage
(CAVALAC)
☞ Guidelines: Those children who are
1. deemed constituted from time of actual 1. Conceived as a result of artificial
occupation as a family residence insemination
2. must be owned by person constituting it 2. Born of a voidable marriage before
3. must be permanent decree of annulment
4. rule applies to valid and voidable and 3. Conceived or born before judgment
even to common-law spouses under of annulment or absolute nullity
Articles 147 and 148 under Art. 36
5. continues despite death of one or more has become final & executory
spouses or unmarried head of the 4. Conceived or born of subsequent
family for 10 years, or as long as a marriage under Art. 53
minor beneficiary lives 5. Of mothers who may have
/
declared against its legitimacy or have sexual intercourse with his wife
was sentenced as an adultress within the 1st 120 days of the 300
6. Legally adopted days immediately preceding the
7. Legitimated, conceived and born child’s birth, due to:
outside of wedlock of parents a. physical incapacity of the husband;
without impediment at the time of b. husband and the wife were living
conception and had subsequently separately; or
married c. serious illness of the husband
which absolutely prevented
Illegitimate Children sexual intercourse
Those conceived and 2. biological or scientific proof that the
born outside a valid marriage are child could not have been that of the
illegitimate. husband; and
Children who are: 3. written authorization or ratification of
1. born of marriages which are void either parent for artificial insemination
ab initio such as bigamous and was obtained through mistake, fraud,
incestuous marriages and violence, intimidation or undue
marriage was declared void for influence.
being contrary to law and public
policy B. Prescriptive periods
2. of voidable marriages born after 1. one year, from knowledge of birth or
the decree of annulment recording in the civil register, if
husband or heirs lives in the SAME
Rules on Impugning city/municipality
Legitimacy A. Grounds (PBA) 2. two years, if resides in the Phils.
1. physical impossibility of the husband to

celebration of 2nd marriage provided born
3. three years, if abroad
within 300 days after termination of the 1st
marriage. 2. to second marriage, if child
C. Parties
was born after 180 days following
Only the husband may
celebration of 2nd marriage whether born
impugn
The heirs, if the husband within 300 days after termination of 1st
dies before the end of the marriage or afterwards.
prescription of the action, or after filing
complaint, or child was born after death Proof of Filiation
: Filiation of legitimate
NOTE: The question of legitimacy cannot (or illegitimate) children is established by
be collaterally attacked, it can be any of the following:
impugned only in a direct action. 1. The record of birth appearing in the
civil registrar or a final judgment 2. An
Rule on the Status of Children born admission of legitimate (or illegitimate)
after 300 days following Termination of filiation in a public document or a private
Marriage handwritten instrument and signed by the
A. Requisites (TS-WBN) parent concerned.
1. first marriage terminated : In the absence of any of
2. mother contracted subsequent the foregoing evidence, such legitimate
marriage or illegitimate filiation shall be proved by:
3. subsequent marriage was contracted 1. Open and continuous possession of the
within 300 days after termination of status of a legitimate or illegitimate child;
previous marriage 2. Any other means allowed by the Rules
4. child was born of Court and special laws.
5. no evidence as to status of child
NOTES:
B. Rules as to whom the child belongs ✍ Continuous does not mean that the
1. to first marriage, if child was born concession of status shall continue
before the lapse of 180 days after
/
forever but only that it shall not be of petitioner was the father of his
an intermittent character while it is illegitimate children because the
continuous. The possession of such evidences convincingly show this.
status means that the father has Hence, it was the petitioner who paid
treated the child as his own, directly the bills for the hospitalization of the
and not through others, mother when she gave birth. He was
spontaneously and without the one who caused the registration
concealment though without publicity. of the name of the child using his
There must be a showing of surname in the birth certificate. He
permanent intention of the supposed also wrote handwritten letters to the
father to consider the child as his own mother and the child stating his
by continuous and clear manifestation promise “to be a loving and caring
of paternal affection and care. husband and father to both of you.”
(Mendoza vs. CA). The paternal There were also pictures of the
affection and care must not be petitioner on various occasions
attributed to pure charity. “Such acts cuddling the child.
must be of such a nature that they ✍ In view of the fact that filiation may be
reveal not only the conviction of proved by “any means allowed by the
paternity, but also the apparent desire Rules of Court and special laws” this
to have and treat the child as such in may consist of baptismal certificate, a
all relations in society and in life, not judicial admission, a family bible in
accidentally, but continuously.” (Jison which his name has
vs. CA)
✍ The SC in Lim vs. CA, ruled that
CIVIL LAW COMMITTEE

LEGITIMATE ILLEGITIMATE
2. when an admission in a public
document or private handwritten
been entered, common reputation instrument is made by the father
respecting his pedigree, admission by
silence, the testimony of witnesses LEGITIMATION
and such other kinds of proof ☞ Requisites: (NIM)
admissible under Rule 130 of RC. a. The child is illegitimate
(Mendoza vs. CA) For a baptismal b. The parents at the time of the child’s
certificate to be proof of filiation under conception are not disqualified from
the Rules of Court, it must be shown marrying each other
that the father therein participated in c. There is a valid marriage subsequent to
the preparation of the same. A birth the child’s birth
certificate not signed by the alleged
father indicated in said certificate is ADOPTION
not competent evidence of paternity. A. Domestic Adoption Act of 1998
(Fernandez vs. CA) (R.A. NO. 8552)
✍ Proof of filiation of petitioners to the
late Enrique Baluyut is not sufficient to Who may adopt: (LPG-CANE)
confer upon them any hereditary right 1. Filipino Citizen:
in the estate of the deceased. What is a. of legal age
necessary to be established by an b. in a position to support and care
illegitimate not natural child in order for his/her children in keeping
that he may be entitled to with the means of the family
successional rights under Art 887 of c. good moral character
NCC, is not the fact of his bare d. in possession of full civil capacity
filiation but a filiation acknowledged or legal rights
by the putative parent.(Baluyut vs. e. at least 16 years older than the
Baluyut) adoptee, except when:
1) adopter is the biological
Rights of the Children
Use of father & mother’s
surname
/
amended any crime involving moral
Article 176, FC turpitude g. emotionally and
Receive support according to FC psychologically capable of
Receive support from parents Legitime is ½ of the legitime of a caring for children
Entitled to the legitime & other legitimate child
successional rights parent of the adoptee 2. Alien:
2) adopter is the spouse of the a. same qualifications as a
R.A. No. 9255 adoptee’s parent Filipino b. country has
Use of mother‘s surname f. has not been convicted of diplomatic relations
NOTE: However, RA 9255
with the Phil.
☞ An Act Allowing Illegitimate Children to
c. has been living in the Phil. for at
use the surname of their Father,
least three (3) continuous years
amending for the purpose Article 176
prior to the application for
of EO No. 209, otherwise known as
adoption and maintains such
the "FAMILY CODE OF THE
residence until the adoption
PHILIPPINES":
decree is entered, except when
☞ Approved February 24, 2004
1) former Filipino citizen who
seeks to adopt a relative
Illegitimate children may use the
surname of their father if: within the 4th degree of
1. their filiation has been expressly consanguinity or affinity
recognized by the father through the 2) one who seeks to adopt the
record of birth appearing in the civil legitimate or illegitimate child
register, or of his/her Filipino spouse

wife shall JOINTLY adopt.
3) one who is married to a
Filipino citizen and seeks to 1. one spouse seeks to
adopt the legitimate child of the other
adopt jointly with his/her
2. one spouse seeks to adopt his/her
spouse a relative within the
own illegitimate child
4th degree of consanguinity
3. the spouses are legally separated
or affinity of the Filipino
spouse
Who may be adopted:
d. certified to have legal capacity to
1. any person below 18 years of age who
adopt by his/her diplomatic or
has been voluntarily committed to the
consular office
DSWD under P.D. 603 or judicially
e. certified by said office that his declared available for adoption
government allows the adoptee
2. legitimate stepchild
to enter his/her country as his/her
3. illegitimate stepchild
adopted child
4. qualified adult, who, prior to the
adoption, has been consistently
3. Guardian – with respect to the ward
considered by the adopter as his/her
after termination of the guardianship
own child since minority;
and clearance of his/her financial
5. child whose adoption has been
accountabilities
previously rescinded
6. child whose biological or adoptive
Pre-Adoption Services
parents have died, provided that no
☞ the DSWD shall provide for the
proceedings shall be initiated within 6
following services:
months from the time of death of said
a. counselling services for the
parents
biological parents, prospective
adoptive parents and prospective
Consent in Adoption (BAILAS)
adoptee
b. exhaust all efforts to locate the
biological parents, if unkown is required in the following cases: 1. the
adoptee, if 10 years of age or over
Rule on Adoption by Spouses 2. biological parents or government
The husband and the instrumentality
/
3. the legitimate/adopted children, 10 adoption so as to impose a liability upon
years old or over, of the adopter and the adopting parents accruing at the time
adoptee when the adopting parents had no actual
4. the illegitimate children, 10 years old or or physical custody over the adopted
over, of the adopter if living with the child. Retroactive effect may perhaps be
adopter and the latter's spouse given to the granting of the petition for
5. spouse of the adopter and adoptee adoption where such is essential to permit
the accrual of some benefit or advantage
Effectivity of Decree of Adoption in favor of the adopted child. To hold that
parental authority had been retroactively
☞ a decree of adoption shall be effective lodged in the adopting parents so as to
as of the date the original petition was burden them with liability for a tortious act
filed. It applies also in case the that they could not have foreseen and
petitioner(s) dies before the issuance of which they could have prevented would
the decree of adoption to protect the be unfair and unconscionable. (Tamargo
interest of the adoptee. vs. CA 209 S 518)
NOTE: Where the petition for adoption Effects of Adoption: (SAL)

was granted after the child had shot and 1. Severance of legal ties between the
killed a girl, the SC did not consider the biological parents and the adoptee
retroactive effect to the decree of
CIVIL LAW COMMITTEE

biological parents or legal custody of
DSWD shall be restored if adoptee is still
a minor or incapacitated.
and the same shall be vested in the b. Reciprocal rights and obligations of the
adopters. adopter(s) and the adoptee to each other
if the biological parent shall be extinguished. c. The amended
is the spouse of the adopter certificate of birth of the adoptee shall be
2. Adoptee shall be considered as a cancelled and its original shall be
legitimate child of the adopter(s) for restored.
all intents and purposes. d. Succession rights shall revert to its
3. In legal or intestate succession, the status prior to the adoption, but vested
adoptee and the adopter(s) shall have rights shall not be affected.
reciprocal rights of succession without
distinction from legitimate filiation. B. Inter-Country Adoption Act of 1995
However, if there is a will, the rules on (R.A. No. 8043)
testamentary succession shall be
Inter-Country Adoption
followed.
☞ The socio-legal process of adopting a
Filipino child by a foreigner or a Filipino
Rescission of Adoption
citizen permanently residing abroad
☞ Grounds: (ASAR)
where the petition is filed, the supervised
1. attempt on the life of the adoptee 2.
trial custody is undertaken, and the
sexual assault or violence
decree of adoption is issued
3. abandonment and failure to comply
outside the Philippines.
with parental obligations
4. repeated physical or verbal
Who may be adopted:
maltreatment by the adopter
a. Only a “legally-free child” may be the
subject of inter-country adoption NOTE:
NOTES:
“Legally-free Child” - a child who has
✍ Only the adoptee is given the right to been voluntarily or involuntarily committed
rescind the decree of adoption ✍ The to the DSWD of the Philippines, in
adopter can NOT rescind the decree of accordance with the Child Youth and
the adoption but he or she may disinherit Welfare Code.
the adoptee. b. No child shall be matched to a foreign
adoptive family unless it is satisfactorily
☞ Effects: shown that the child cannot be adopted
a. Parental authority of adoptee’s locally.
/
4. has not been convicted of a crime
Who may adopt: involving moral turpitude
☞ Any alien or Filipino citizen 5. is eligible to adopt under his/her
permanently residing abroad may file national law
an application for inter-country 6. is in a position to provide the proper
adoption of a Filipino child if he/she: care and support and to give the
1. is at least 27 years of age and at least necessary moral values and
16 years older than the child to be example to all his children, including
adopted, at the time of the the child to be adopted
application unless the adopter is the 7. agrees to uphold the basic rights of the
parent by nature of the child to be child as embodied under Philippine
adopted or the spouse of such laws, the U.N. Convention on the
parent Rights of a Child, and to abide by the
2. if married, his/her spouse must jointly rules and regulations issued to
file for the adoption implement the Inter-Country
3. has the capacity to act and assume all Adoption Act
rights and responsibilities of parental 8. comes from a country with whom the
authority under his national laws, Philippines has diplomatic relations
and has undergone the appropriate and whose government maintains a
counselling from an accredited similarly authorized and
counsellor in his/her country

applicant or both, or if the foreign
accredited agency and that adoption agency finds that the
adoption is allowed under his/her continued placement of the child is
national laws not in the child’s best interest, said
9. possesses all the qualifications and relationship shall be suspended by
none of the disqualifications under the Board and the foreign adoption
the Inter-Country Adoption Act and agency shall arrange for the child’s
other applicable Philippine laws temporary care.
✍ If a satisfactory pre-adoptive
Inter-Country Adoption Board
relationship is formed between the
☞ acts as the central authority in matters
applicant and the child, the Board
relating to inter-country adoption.
shall submit the written consent to the
☞ The Board shall ensure that all
adoption to the foreign adoption
possibilities for the adoption of the
agency within 30 days after receipt of
child under the Family Code have
the latter’s request.
been exhausted and that inter
country adoption is in the best interest ✍ A copy of the final decree of adoption
of the child. of the child, including certificate of
citizenship/naturalization whenever
Trial Custody: applicable, shall be transmitted by the
☞ 6 months from the time of placement foreign adoption agency to the Board
1. starts upon actual physical transfer of within 1 month after its issuance.
the child to the applicant who, as
actual custodian, shall exercise NOTE: For a comprehensive discussion of
substitute parental authority over the the procedural aspects of adoption,
person of the child. please refer to A.M. No. 02-06-02-SC or
2. the adopting parent(s) shall submit to the Remedial Law Memory Aid
the governmental agency or
authorized and accredited agency, SUPPORT
which shall in turn transmit a copy to ☞ everything indispensable for
the Board, a progress report of the sustenance, dwelling, clothing,
child’s adjustment. medical attendance, education and
transportation in keeping with the
NOTES: financial capacity of the family
✍ If the pre-adoptive relationship is found
unsatisfactory by the child or the Kinds: (LJC)
/
1. Legal – that which is required or given other: 1. spouses
by law 2. legitimate ascendants and descendants
2. Judicial – required by the court to be 3. parents and their legitimate children
given whether pendente lite or in a and the legitimate and illegitimate
final judgment children of the latter
3. Conventional – given by agreement 4. parents and their illegitimate children
and the legitimate and illegitimate
Characteristics: (PIN-ERV) children of the latter
1. Personal 5. legitimate brothers and sisters whether
2. Intransmissible full or half-blood
3. Not subject to waiver or compensation
4. Exempt from attachment or execution NOTE: Support shall be in proportion to
5. Reciprocal on the part of those who are the resources or means of the giver and
by law bound to support each other to the necessities of the recipient.
6. Variable
Persons obliged to support each
CIVIL LAW COMMITTEE

PARENTAL AUTHORITY (PA)
When the court finds
Order of liability if several persons are compelling reason to order
obliged to give support: otherwise. NOTE: Paramount
1. spouse consideration in matters of custody of a
2. descendants in the nearest degree child is the welfare and well-being of the
3. ascendants in the nearest degree 4. child. (Tonog vs. CA)
brothers and sisters
Persons Exercising Substitute
NOTES: PA: 1. surviving grandparent
✍ When the obligation to give support 2. oldest brother or sister over 21 years of
falls upon 2 or more persons payment age unless unfit or disqualified 3. actual
shall be divided between them in custodian unless unfit or disqualified
proportion to the resources of each,
but in case of urgent need and Persons Exercising Special PA:
special circumstances, the court may 1. school
order one of them to furnish the 2. administrators and teachers 3.
support provisionally subject to the individual, entity or institution engaged in
right to claim from the other obligors child care
the share due them
NOTES:
✍ When two or more recipients at the
same time claim for support and the ✍ Parental authority and responsibility
obligor does not have sufficient are inalienable and may not be
means to satisfy all claims: transferred and renounced except in
a. the order of liability provided by law cases authorized by law.
shall be followed ✍ Parents may exercise parental
b. if the concurrent obligees should authority over their child’s property
be the spouse and child subject
to parental authority, the child Kinds of Properties of a Minor
shall be preferred ADVENTITIOUS PROFECTITIOUS
exercise parental authority through his work or industry by
Rules as to the exercise of over the persons of their onerous or gratuitous title
1. property given by the parents to
PA: 1. The father and the common the child for the latter to administer
mother shall JOINTLY 1. earned or acquired by the child
2. owned by the child 2. owned by the parents
children. In case of disagreement,

the father’s decision shall prevail UNLESS there is a judicial order to the contrary
/
2. If the child is illegitimate, for the child are ordinarily 3. parents are the usufructuary
parental authority is with the 3. child is also the usufructuary, but
mother. the child’s use of the property shall
be secondary to the collective daily
needs of the family
Parental Preference Rule 4. property administered by the
4. property administered by the child
☞ the natural parents, who parents
are of good character and
who can reasonably provide Termination of PA
PERMANENT TEMPORARY
entitled to custody as against all

persons designated by the court. LE: 4. subjected child to sexual
No child under 7 years abuse
Rule in case of legal of age shall be separated from 1. adoption of the child
separation of parents: the mother. 2. appointment of a general
guardian 3. judicial declaration of
☞ parental authority is 1. death of the parents
abandonment
exercised by 2. death of the child 4. final judgment
the parent 3. emancipation of the child

1. The petitioner finds the first name or
divesting the nickname to be ridiculous, tainted with
parents of parental
dishonour or extremely difficult to
authority
5. judicial write or pronounce
declaration of 2. The new first name or nickname has
absence or inca been habitually and continuously
pacity of the used by the petitioner and he has
parents exercising been publicly known by that first
parental authority name or nickname in the community
over the child
3. The change will avoid confusion
Grounds for suspension of PA
NOTE: Please refer to Remedial Law
(CHOBAN) 1. conviction of a crime with Memory Aid for a comprehensive
the penalty of civil interdiction discussion of the procedural aspects of
2. harsh or cruel treatment against the change of name.
child
3. orders, counsel and example which are ABSENCE
corrupting, given by the person
exercising authority DECLARATION OF ABSENCE
4. begging is compelled of the child
5. acts of lasciviousness, person exercising authority receipt of the last news
allowed for the child to be WITH
subjected to, or himself FUNERALS ADMINISTRATOR 5 years from
WITHOUT the lapse of time without news
subjects the child to
6. negligence, which is ADMINISTRATOR 2 years from about the absentee or since the
culpable, committed by the the lapse of time without news receipt of the last news
about the absentee or since the
arrangement
1. duty and right to make PRESUMPTION OF DEATH

the deceased 4. any person who disrepects
in funerals in accordance with
a. in the absence of the the dead or allows the same
Article 199, FC
expressed wishes, his shall be liable for damages
2. the funeral shall be in
religious beliefs or affiliation
keeping with the social
shall determine Grounds for Change of First
position of the deceased 3. the
b. in case of doubt, the Name or Nickname under
funeral shall be in accordance
persons in Article 199, FC R.A. No. 9048 (An act
with the expressed wishes of
shall decide authorizing City or Municipal
/
Civil Registrar or the Consul dead for all purposes except for opening succession, a period of 4
General to Correct a Clerical those of opening succession YEARS, and for purposes of
b. 10 YEARS , person presumed remarriage of the spouse present, a
or Typographical Error in an
dead for purposes of opening period of 2 YEARS, is sufficient
Entry and/or Change of First succession except if he under the following
Name or Nickname in the Civil disappeared after the age of 75, in circumstances:
Registrar Without need of a which case, a period of 5 years is a. person on board a vessel lost
Judicial Order, Amending for sufficient during a sea voyage or an
this Purpose Articles 376 and c. 4 YEARS, person presumed aeroplane which is missing; period
412 of the Civil Code)) dead for purposes of remarriage of is counted from the loss of the
the spouse present vessel or aeroplane
ORDINARY b. person in the armed forces who
ABSENCE EXTRAORDINARY/ has taken part in war
QUALIFIED c. person in danger of death under
ABSENCE other circumstances and his
a. 7 YEARS, person presumed existence has not been known
For all purposes including those of
CIVIL LAW COMMITTEE

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San Beda College of Law 1 MEMORY AID IN CIVIL LAW

PERSONS AND FAMILY

RELATIONS I. NEW CIVIL CODE

CIVIL LAW COMMITTEE

San Beda College of Law 3 MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

Inherent Merely acquired

THEORIES ON CAPACITY TO ACT

CIVIL PERSONALITY When is a Child Considered Born For

San Beda College of Law 5 MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

San Beda College of Law 7 MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

San Beda College of Law 9 MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

San Beda College of Law 11 MEMORY AID IN CIVIL LAW

✍ There will be collusion only if the

CIVIL LAW COMMITTEE

San Beda College of Law 13 MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

San Beda College of Law 15 MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

NOTE: However, in conjugal NOTES:

San Beda College of Law 17 MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

PATERNITY AND FILIATION

San Beda College of Law 19 MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

San Beda College of Law 21 MEMORY AID IN CIVIL LAW

NOTE: Where the petition for adoption Effects of Adoption: (SAL)

CIVIL LAW COMMITTEE

San Beda College of Law 23 MEMORY AID IN CIVIL LAW

Persons obliged to support each

CIVIL LAW COMMITTEE

children. In case of disagreement,

entitled to custody as against all

San Beda College of Law 25 MEMORY AID IN CIVIL LAW

1. duty and right to make PRESUMPTION OF DEATH

CIVIL LAW COMMITTEE

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