ATENEO NOTES (2001)

PERSONS & FAMILY RELATIONS

WHEN LAWS TAKE EFFECT General Rule: 15 days after completion of publication in OG or newspaper of general circulation Exception: The law can provide its own date of effectivity, i.e., it can provide for a period less than or greater than 15 days after publication before the law takes effect !ublication is "#$%#TOR& even if the law provides its own date of effectivity 'nternal regulations of administrative agencies which bind only the agency need not be published COMPLIANCE WITH THE LAW 'gnorance of the law e(cuses no one from compliance therewith ) Ignorantia juris neminem excusat* RETROACTIVITY General Rule: Rules are not retroactive Exceptions: 1 +hen the law itself e(pressly provides Exception to the exception: ex facto law when retroactivity impairs the obligation of contract , Remedial statutes - .urative statutes / 0aws interpreting other laws 5 0aws creating new rights 1 !enal laws when favorable to the accused who is not a habitual delin2uent ACTS VIOLATING MANDATORY OR PROHIBITORY LAWS ARE VOID Exception: +hen law itself authori3es their validity REQUISITES FOR A VALID WAIVER: 1 !erson making the waiver must have the right he is waiving , 4e must have the capacity to make the waiver - The waiver must be made in a clear and une2uivocal manner # right may not be waived if such waiver is contrary to law, public order, public policy, morals or good customs or is pre5udicial to third person REPEAL OF LAWS 6(press repeal 7 repeal of repealing law will not revive the old law 'mplied repeal 7 takes place when the provisions of the subse2uent law are incompatible with those of the previous law Re2uisites: 1 8oth laws cover the same sub5ect matter , The latter law is repugnant to the earlier law

 Repeal of the repealing law revives the old law unless the contrary is e(pressly provided in the last law STARE DECISIS %octrine of stare decisis 9 re2uires courts to follow the rule established in earlier decisions of the :upreme .ourt The doctrine, however, is not infle(ible, so that when in the light of changing conditions, a rule has ceased to be beneficial to the society, the courts may depart from it PENAL LAWS !enal laws those of public security and safety 9 obligatory upon all who live or so5ourn in the !hilippines STATUS LAWS 0aws relating to family rights and duties or to the status, condition and legal capacity of persons 9 binding upon ;ilipino citi3ens even though living abroad CONFLICTS RULES Real property and personal property Lex situs Order of succession $ational law of the decedent #mount of successional rights 'ntrinsic validity pf testamentary provisions ;orms<solemnities of wills, contracts = Lex loci celebrationis other public instruments ABUSE OF RIGHTS There is an abuse of right when it is e(ercised for the purpose of pre5udicing or in5uring another ACCION IN REM VERSO #ction for recovery of what has been paid without 5ust cause Re2uisites: 1 %efendant has been enriched , !laintiff suffered a loss - 6nrichment of defendant is without 5ust or legal ground / !laintiff has no other action based on contract, 2uasi contract, crime or 2uasi7delict %istinguished from solutio indebeti: "istake is an essential element in solutio indebeti but not in accion in rem verso CIVIL ACTIONS #ccused in a criminal case is ac2uitted because his guilt was not proved beyond reasonable doubt 9 plaintiff may still file a civil action for damages for the same act or omission 'ndependent civil actions 9 #rticles -1 to -/, ,1>1 ?-1 9 based on an obligation arising from act<omission complained of as a felony ?-, 9 violation of civil liberties
2

?-- 9 defamation, fraud and physical in5uries ?-/ 9 police refuses or fails to render aid or protection to any person in case of danger to life or property ?-1 9 pre5udicial 2uestions 6lements : 1 .ivil action involves an issue intimately related to the issue in criminal action , Resolution of issue in civil case determines whether or not the criminal action may proceed - .ogni3ance of civil case pertains to another tribunal

PERSONS KINDS OF CAPACITY 1 @uridical capacity 9 fitness to be the sub5ect of legal relations , .apacity to act 9 power to do acts with legal effect PERSONALITY 8irth determines personality BUT conceived child shall be considered born for all purposes favorable to it provided it be born later under the following conditions: 1 'f it is alive at the time it is completely delivered from the motherAs womb , BUT if it had an inter7uterine life of at less than > months, if it lives for at least ,/ hours after its complete delivery from the maternal womb .ivil personality e(tinguished by death DOUBTS AS TO ORDER OF DEATH #s between , or more persons called to succeed each other, if there is doubt as to which of them died first, whoever alleges the death of prior to the other shall prove the same, in the absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other This rule applies only to cases involving succession
URIDICAL

1 , -

PERSONS The state and its political subdivisions Other corporations, institutions and entities for public interest or purpose, created by law .orporations, partnerships and associations for private interest or purpose

FAMILY RELATIONS DEFINITION OF MARRIAGE 1 "arriage is a special contract , 't is a permanent union - The union is between a man and a woman / The union must be entered into in accordance with law 5 The purpose of marriage is the establishment of con5ugal and family life ESSENTIAL REQUISITES OF MARRIAGE

1 ,

0egal capacity of contracting parties .onsent freely given in the presence of the solemni3ing officer

FORMAL REQUISITES OF MARRIAGE 1 #uthority of solemni3ing officer , Balid marriage license )except in cases where a marriage license is not re2uired* - "arriage ceremony AUTHORI!ED SOLEMNI!ING OFFICERS: 1 'ncumbent member of the 5udiciary within the courtAs 5urisdiction , %uly authori3ed priest, rabbi, imam or the minister of any church or religious sect - :hip captain or airplane chief .an solemni3e marriages only in articulo mortis between passenger or crew members while the ship is at sea or the plane is in flight and also during stopover at ports of call / "ilitary commander of a unit to which a captain is assigned .an solemni3e marriage only if it is in articulo mortis between persons within the 3one of military operations whether members of the armed forces or civilians and only in the absence of the chaplain 5 .onsul7general, consul or vice7consul 9 can solemni3e marriage between ;ilipinos abroad 1 "ayor )0ocal Government .ode of 1CC1* MARRIAGE E"EMPT FROM LICENSE REQUIREMENTS: 1 "arriage in articulo mortis , 'f the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the civil registrar - "arriage in articulo mortis in military 3ones / "arriage among "uslims or among members of ethnic cultural communities in accordance with their customs 5 "arriage between persons who have lived together as husband and wife for at least five years and without any legal impediment to marry each other FLAW #bsence of any essential or formal re2uisites Except: 'f the marriage is solemni3ed by unauthori3ed person, the marriage will still be valid if either or both contracting parties believed in good faith that the solemni3ing officer had legal authority D#rticle -5 ),*E %efect in essential re2uisite 'rregularity in formal re2uisite STATUS OF MARRIAGE Void ab initio

Boidable Balid but party responsible for such irregularity shall be civilly, criminally and administratively liable

OTHER REQUIREMENTS EITHER OR BOTH PARTIES IS 1F years old and above but below ,1 ,1 years old and above but below ,5 1F years old and above but below ,5

WHAT IS NEEDED !arental consent !arental advice "arriage counseling

EFFECTS 0ack of parental consent "arriage is BO'%#806 0ack of parental advice<lack of marriage Of $O 6;;6.T on the validity of marriage counseling o!ever, this will suspend the issuance of the marriage license for a period of - months from the completion of publication of the application for marriage license 'f the parties get married during the -7month period without a license, the marriage shall be BO'% On the other hand, if they are able to obtain a license during the -7month period, the marriage will still be valid but may be held civilly and criminally liable RULE ON MARRIAGES SOLEMNI!ED ABROAD General Rule: "arriages solemni3ed outside the R! in accordance with the law of the foreign country shall be valid in the !hilippines )le( loci celebrationis* Exceptions: 1 "arriage between persons below 1F years old , 8igamous or polygamous marriage - "istake in identity / "arriages void under #rticle 55 !sychological incapacity 1 'ncestuous marriages > "arriage void for reasons of public policy 'f a ;ilipino married to a foreigner and the latter subse2uently obtains a valid divorce abroad capacitating him <her to remarry, the ;ilipino spouse shall likewise have the capacity to remarry under the !hilippine law VOID MARRIAGES Void "b Initio under #rticle -5 1 .ontracted by any party below 1F years old , :olemni3ed by unauthori3ed solemni3ing officer )Except if either or both parties believed in good faith that the officer had authority* - :olemni3ed without license )Except when license not re2uired* / 8igamous or polygamous marriages )Except #rticle /1 9 marriage contracted by a person whose spouse has been absent for / years )ordinary absence* or , years )e(traordinary absence* where such person has a well founded belief that his<her absent spouse was already dead and after the absent spouse is 5udicially is declared presumptively dead

5 "istake in identity 1 :ubse2uent marriage void under #rticle 5#rticle 5- provides that a person whose marriage has been annulled may remarry as long as he complies with #rt 5, which re2uires that after the marriage is annulled the properties of the spouses must be partitioned and distributed and the presumptive legitime of the children must be distributed ;urthermore, the 5udgment of annulment or absolute nullity, the partition and distribution of the spousesA properties and the delivery of the childrenAs presumptive legitime must be recorded in the appropriate civil registry and registries of property ;ailure to comply with these re2uisites will make the subse2uent marriage void ab initio #$TE: T46 6$G"6R#T'O$ O; BO'% "#RR'#G6: G$%6R #rt -5 is not e(clusive Void under "rticle %&: where one party, who at the time of the celebration of the marriage, was psychologically incapacitated to comply with the essential marital obligations

VOID FOR BEING INCESTUOUS 1 8etween ascendants and descendants of any degree , 8etween brothers and sisters, whether full or half blood VOID FOR REASON OF PUBLIC POLICY: 1 8etween collateral blood relatives up to the /th civil degree , 8etween step7parents and step7children - 8etween parents7in law and children7in law / 8etween adopting parent and adoptive child 5 8etween surviving spouse of the adopter and the adopted 1 8etween surviving spouse of the adopted and the adopter > 8etween adopted and legitimate child of adopter F 8etween adopted children of same adopter C 8etween parties where one with the intention to marry the other, killed that the other personAs spouse or his<her own spouse RULE ON BIGAMOUS MARRIAGE (ARTICLE #1) General Rule: "arriage contracted by any person during the subsistence of a previous marriage is BO'% Exception: 'f before the celebration of the subse2uent marriage, the prior spouse had been absent for / consecutive years )ordinary absence* or , years )e(traordinary absence* and the spouse has a well7founded belief that the absent spouse was already dead 'n this case, the subse2uent marriage is valid but it shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse Exception to Exception: 'f both spouses of the subse2uent marriage acted in bad faith, such marriage is void ab initio GROUNDS FOR ANNULMENT OF MARRIAGE 1 0ack of parental consent , 'nsanity of one of the parties - ;raud

/ 5 1

.ircumstances constituting fraud: a $on7disclosure of conviction by final 5udgment of crime involving moral turpitude b .oncealment of pregnancy by another man c .oncealment of se(ually transmissible disease, regardless of nature, e(isting at the time of marriage d .oncealment of drug addiction, habitual alcoholism, homose(uality and lesbianism ;orce, intimidation or undue influence 'mpotency #ffliction of se(ually transmissible disease found to be serious and which appears incurable ARTICLE #% The :T% is a type of fraud which in turn is a ground for annulment The :T% must be concealed The :T% does not have been to be serious and incurable PRESCRIPTIVE PERIOD RATIFICATION ;ree cohabitation after reaching ,1 ;ree cohabitation after insane regains sanity

ARTICLE #$ The :T% is a ground for annulment The :T% does not have to be concealed The :T% must be serious and incurable GROUNDS
ANNULMENT

FOR

WHO CAN FILE

0ack of parental consent 'nsanity party of

a !arty under age a +ithin 5 years after b !arent or attaining ,1 guardian b 8efore child reaches ,1 one :ane spouse , views: S&'()*+D), 8efore death of other party D&-. D&/ C-01)//* +ithin 5 years from the time the right or action accrues

Guardian of insane #nytime before the death of spouse either party 'nsane spouse %uring the lucid interval or after regaining sanity also before death of other party ;raud 'n5ured party +ithin 5 years from discovery ;ree cohabitation of fraud after knowledge of fraud ;orce, intimidation 'n5ured party +ithin 5 years from the ;ree cohabitation or undue influence cessation of cause after cause has disappeared 'mpotence of one !otent party +ithin 5 years after marriage .annot be ratified

party :erious :T% 4ealthy party +ithin 5 years after marriage

but action prescribes .annot be ratified but action prescribes

EFFECTS OF TERMINATION OF MARRIAGE VOIDABLE BIGAMOUS MARRIAGE DECLARATION OF ANNULMENT (ART #1) NULLITY :tatus of .hildren of subse2uent marriage 'llegitimate except .hildren conceived or children conceived before its termination 9 #rt -1 and #rt 5born before legitimate annulment decree 9 legitimate !roperty #.!<.!G shall be li2uidated :ame :ame Relations :pouse who contracted the marriage in bad faith, his<her share in the net profits of community property shall be forfeited in favor of common children or if there are none, children of the guilty spouse by previous marriage or in default, the innocent spouse %onations :hall remain B#0'% except :ame :ame 'ropter a 'f donee contracted the marriage #uptias in bad faith, donations propter nuptias made to the donee are revoked by operation of law b 'f both spouses acted in bad faith, donations propter nuptias made by one in favor of the other are revoked by operation of law 'nsurance 'f one spouse acted in bad faith, :ame :ame innocent spouse may revoke his designation as beneficiary in the insurance policy even if such designation be stipulated irrevocable :uccession 'f one spouse contracted the :ame :ame marriage in bad faith, he shall be dis2ualified to inherit from the innocent spouse both testate and intestate

DISTINCTION BETWEEN VOID AND VOIDABLE MARRIAGE VOID #s to nature 'ne(istent from the time of performance #s to .annot be ratified susceptibility to ratification #s to effect on $o community property, only co7 property ownership )#rt 1/>*

VOIDABLE Balid until annulled .an be ratified either by free cohabitation or prescription #bsolute community e(ists unless another system is agreed upon in marriage settlement .hildren are legitimate if conceived before decree of annulment

#s to effect on .hildren are illegitimate children Exceptions: a 'n case of psycho incapacity )#rt -1* b .hildren born of subse2uent marriage )#rt 5-* #s to how a "ay be attacked directly or collaterally a .annot be attacked marriage may but for purpose of remarriage, there collaterally, only directly, i e be impugned must be 5udicial declaration of nullity there must be a decree of b .an still be impugned even after death annulment of parties b .an no longer be impugned after death of one of the parties

GROUNDS FOR LEGAL SEPARATION 1 Repeated physical violence or grossly abusive conduct directed against petitioner, a common child or a child of the petitioner , !hysical violence or moral pressure to compel change in religious or political affiliation - #ttempt to corrupt or induce petitioner to engage in prostitution or connivance in such corruption or inducement / ;inal 5udgment sentencing respondent to imprisonment of more than 1 years 5 %rug addiction or habitual alcoholism 1 0esbianism or homose(uality > :ubse2uent bigamous marriage F :e(ual infidelity or perversion C #ttempt by despondent against the life of the petitioner 1H #bandonment for more than one year without 5ustifiable cause GROUNDS TO DENY LEGAL SEPARATION: 1 .ondonation , .onsent - .onnivance / "utual fault 5 .ollusion 1 !rescription 9 action for legal separation must be filed within five years from the time of the occurrence of the cause of action

EFFECTS OF SEPARATION: 1 :pouses are entitled to live separately , "arriage bond is not severed - %issolution of property regime / ;orfeiture of the share of the guilty spouse in the net profits of the #.!<.!G 5 .ustody of minor children to innocent spouse 1 Guilty spouse is dis2ualified from intestate succession and provisions made by him in favor of the innocent spouse in a will shall be revoked > 'nnocent spouse may revoke the donation made by him in favor of the offending spouse 4owever, alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected F 'nnocent spouse may revoke designation of guilty spouse as beneficiary in insurance policy even if such designation be stipulated as irrevocable EFFECTS OF RECONCILIATION 1 0egal separation proceedings if still pending shall be terminated , ;inal decree of legal separation shall be set aside but the separation of property and any forfeiture of the share of the guilty spouse shall subsist unless the spouses agree to revive their former property regime OBLIGATIONS OF HUSBAND AND WIFE 1 0ive together , Observe mutual love, respect and fidelity - Render mutual help and support 6ither spouse may e(ercise any legitimate profession or business without the consent of the other The other spouse may ob5ect on valid, serious and moral grounds 'n case of disagreement, the court shall decide whether a The ob5ection is proper #$% b 8enefit has accrued to the family before and after the ob5ection 'f benefit accrued to the family before the ob5ection, the resulting obligation shall be enforced against the #.! 'f benefit accrued to the family after the ob5ection has been made, the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent WHAT GOVERNS PROPERTY RELATIONS BETWEEN SPOUSES 1 "arriage settlement 9 future spouses may agree upon the regime of #.!, .!G or complete separation of property or any other regime , !rovision of the ;amily .ode 9 if there is no marriage settlement or when the regime agreed upon is void, the system of #.! shall govern - 0ocal custom REQUISITES OF VALID MARRIAGE SETTLEMENT 1 'n writing , :igned by the parties - 6(ecuted before the celebration of marriage

10

/ 5 1

'f a party e(ecuting the settlement needs parental consent, the parent<guardian whose consent is needed must be made a party to the agreement 'f the party e(ecuting the settlement is under civil interdiction or any other disability, the guardian appointed by the court must be made a party to the settlement Registration )to bind -rd persons*

DONATIONS BY REASON OF MARRIAGE 8efore marriage General Rule: ;uture spouses cannot donate to each other more than 1<5 of their present property )e(cess shall be considered void* Exception: 'f they are governed by #.! %uring marriage General Rule: :pouses cannot donate to each other, directly or indirectly )donations made by spouses to each other during the marriage are void* Exception: "oderate gifts on the occasion of any family re5oicing #pplied to common law spouses GROUNDS TO REVOKE DONATION PROPTER NUPTIAS 1 "arriage is not celebrated or is 5udicially declared void ab initio , "arriage without the needed parental consent - "arriage is annulled and donee in bad faith / 'f it is with a resolutory condition and the condition is complied with 5 'n legal separation and donee is the guilty spouse 1 %onee commits acts of ingratitude such as: a 'f the donee commits an offense against the person, honor or property of the donor, his wife or his children under his parental authority b 'f the donee imputes to the donor any criminal offense or any act involving moral turpitude unless the crime was committed against the donee himself, his wife or his children under his authority c 'f the donee unduly refuses to support the donor when he is legally or morally bound to give such support PRESCRIPTIVE PERIOD FOR FILING ACTION FOR REVOCATION OF DONATION PROPTER NUPTIAS 1 'f marriage is not celebrated )e(cept donations contained in the marriage settlement which are automatically rendered void if the marriage does not take place* +ritten donation 9 1H years Oral donation 9 1 years , 'f marriage is declared void ab initio +ritten donation 9 1H years Oral donation 9 1 years / +hen marriage takes place without the re2uired parental consent 9 / years 'f resolutory condition is complied with +ritten donation 9 1H years

11

5 1 >

Oral donation 9 1 years +hen marriage is annulled 9 / years 'f donee commits an act of ingratitude 9 1 year from donorAs knowledge of that fact 'n cases of legal separation 9 5 years from the time the decree of separation has become final

SYSTEM OF ABSOLUTE COMMUNITY The community property consists of all the property owned by the spouses at the time of the celebration of the marriage or ac2uired thereafter E"CLUSIONS FROM COMMUNITY PROPERTY 1 !roperty ac2uired during the marriage by gratuitous title and its fruits e(cept if its e(pressly provided by the donor, testator or grantor that they shall form part of the community property , !roperty for personal and e(clusive use of either spouse )5ewelry forms part of the #.!* - !roperty ac2uired before the marriage by one with legitimate descendants by former marriage and its fruits and income CHARGES UPON THE ACP 1 :upport of spouses, their common children and legitimate children of either spouse , %ebts and obligations contracted during the marriage by designated administrator 7 spouse, both spouses or by one with the consent of the other - %ebts and obligations contracted by either spouse without the consent of the other to the e(tent that it benefited the family / Ta(es, liens, charges and e(penses upon community property 5 Ta(es and e(penses for mere preservation made during the marriage upon the separate property of either spouse used by the family 1 6(penses for professional or vocational course > #ntenuptial debts which redounded to the benefit of the family F %onated or promised to common legit children for profession, vocational course or self improvement C Other ante7nuptial debts, support of illegitimate child and liabilities for crime, (uasi) delicts in absence of separate property 1H 6(penses of litigation between spouses unless the suit is found to be groundless 'f the community property is insufficient to cover all these liabilities, e(cept those falling under par C, the spouses shall be solidarily liable for the unpaid balance with their separate properties #dministration of community property belongs to both spouses 5ointly 'n cases of disagreement, the decision of the husband prevails 'f the wife decides to go to court, she must do so within 5 years from the date of the contract implementing the husbandAs decision 8oth spouses must approve any dispositions or encumbrances and consent of the other spouse regarding the disposition must be in writing, otherwise, the matter should be brought to court and the court will give the authority, if proper 'f one spouse acts without the consent of the other or without court approval, such disposition<encumbrance is void 4owever, the transaction shall be construed as a continuing offer on the part of the

12

consenting spouse and the -rd person which may be perfected as a binding contract upon acceptance by the spouse or court approval

13

ACP2CPG TERMINATES: 1 %eath , 0egal separation - #nnulment / @udicial separation of property during marriage PROCEDURE FOR DISSOLUTION OF ACP: 1 'nventory of all properties , %ebts and obligation of #.! are paid - Remains of the separate properties of the spouses are returned to the owner / $et remainder of the #.! is divided e2ually between husband and wife 5 !resumptive legitimes of children are delivered 1 #d5udication of con5ugal dwelling and custody of common children WHAT ARE CONTRIBUTED TO CPG: 1 !roceeds, products, fruits and income of separate properties of spouses , 6verything ac2uired by spouses through their efforts - 6verything ac2uired by spouses through chance E"CLUSIVE PROPERTY IN CPG: 1 That brought into the marriage as his<her own , That ac2uired during the marriage gratuitously - That ac2uired by redemption, barter or e(change with e(clusive property / That purchased with e(clusive money of spouse WHAT CONSTITUTES CPG 1 Those ac2uired during the marriage with con5ugal funds , Those obtained from labor, industry, work or profession of either or both spouse - ;ruits of con5ugal property due or received during the marriage and net fruits of separate property / :hare in the hidden treasure 5 Those ac2uired through occupation 1 0ivestock in e(cess of what was brought to the marriage > Those ac2uired by chance CHARGES UPON CPG 1 :upport of the spouses, their common children and legit children of either spouse , %ebts and obligations contracted by one without the consent of the other to the e(tent that the family benefited - %ebts and obligations contracted during the marriage by administrator7 spouse, both spouses or one with the consent of the other / Ta(es, liens, charges, e(penses upon con5ugal property 5 Ta(es and e(penses for mere preservation of separate property 1 6(penses for professional, vocational or self7improvement courses of either spouse > #ntenuptial debts to e(tent family benefited

14

F C

Balue of what is donated or promised to common legit children for professional, vocation or self improvement courses 6(penses of litigation

PROCEDURE FOR DISSOLUTION OF CPG 1 'nventory of all property , #mounts advanced by .! as payment for personal debts and obli of either spouse are credited - Reimbursement for use of e(clusive funds / %ebts and obligations of the .! are paid 5 Remains of e(clusive properties are returned 1 'ndemnify loss of deterioration of movables belonging to either spouse used for the benefit of the family > $et remainder of con5ugal property is divided e2ually F %elivery of childrenAs presumptive legitimes C #d5udication of con5ugal dwelling and custody of children DISTINCTION BETWEEN ACP AND CPG ACP CPG #ll the properties owned by the spouses at 6ach spouse retains his<her property before the time of marriage become the marriage and only the fruits community property and income of such properties become part of the con5ugal properties during the marriage Gpon dissolution and li2uidation of the Gpon dissolution of the partnership, the community prop what is divided separate prop of the spouses are e2ually between the spouses or returned and only the net profits their heirs is the net remainder of of the partnership are divided the properties of the #.! e2ually between the spouses of their heirs SEPARATION OF PROPERTY OF THE SPOUSES 'n the absence of an e(press declaration in the marriage settlements, the separation of property between the spouses during the marriage shall not take place e(cept by 5udicial order @udicial separation of property may either be voluntary or for sufficient cause SUFFICIENT CAUSE FOR UDICIAL SEPARATION OF PROPERTY 1 .ivil interdiction of the spouse of petitioner , @udicial declaration of absence - 0oss of parental authority as decreed by the court / #bandonment or failure to comply with family obligation 5 #dministrator spouse has abused authority 1 :eparation in fact for one year GROUNDS FOR REVIVAL OF FORMER PROPERTY REGIME 1 +hen civil interdiction of the prisoner7spouse terminates

15

, / 5 1

+hen the absentee spouse reappears +hen the court authori3es resumption of administration by the spouse formerly e(ercising such power +hen the spouse who has abandoned the con5ugal home returns and resumes common life with the other +hen parental authority is 5udicially restored to the spouse previously deprived thereof +hen spouses agree to revive their former property regime

GROUND FOR TRANSFER OF ADMINISTRATION OF E"CLUSIVE PROPERTY OF EITHER SPOUSE 1 One spouse becomes guardian of the other , One spouse 5udicially declared absent - One spouse sentenced to penalty with civil interdiction / One spouse becomes a fugitive from 5ustice UNIONS GOVERNED BY ARTICLE 1#3 1 +hen a man and a woman capacitated to marry each other live e(clusively with each other as husband and wife without the benefit of marriage , # man and a woman living together under a void marriage )inapplicable to bigamous marriage* Rules: 1 +ages and salaries earned by either spouse during the cohabitation shall be owned by the parties in e2ual shares , !roperties ac2uired by them through their 5oint work or industry during the cohabitation shall be governed by the rules of co7ownership !resumption 9 properties ac2uired during the cohabitation are presumed to have been ac2uired through their 5oint efforts, work or industry !arty who did not participate in the ac2uisition by the other party of any property shall be deemed to have contributed 5ointly in the ac2uisition thereof if the forgerAs efforts consisted in the care and maintenance of the family and of the household - !arties cannot encumber or dispose by acts inter vivos their share in the property ac2uired during their cohabitation until termination / 'n case of void marriage 9 if only one party is in good faith, the share of the spouse who is in bad faith shall be forfeited a 'n favor of their common children b 'n case of default of or waiver by any or all of the common children or their descendants each vacant share shall belong to the respective surviving descendants c 'n the absence of such descendants, such share belongs to the innocent party UNIONS GOVERNED BY ARTICLE 1#4 1 8igamous marriages , #dulterous relationships - Relationships in a state of concubinage / Relationships where both man and woman are married to other persons 5 "ultiple alliances of the same married man Rules:

16

1 , -

Only properties ac2uired by the parties through their actual 5oint contribution of money, property or industry shall be owned in common in proportion to their respective contributions 'n the absence of proof to the contrary contributions and the share of the parties to the properties ac2uired during the cohabitation are presumed e2ual 'f one party is validly married to another: a 4is<her share in the co7owned properties will accrue to the #.!<.!G of his<her e(isting valid marriage b 'f the party who acted in bad faith is not validly married to another, his<her share shall be forfeited in the same manner as that provided in #rt 1/> c The same rules on forfeiture shall apply if both parties are in bad faith

THE FAMILY ;amily relations include those between husband and wife, parents and children, among other ascendants and descendants and among brothers and sisters, full or half blood :uit between members of the same family 9 it should appear from the verified complaint or petition that earnest efforts towards a compromise have been made but failed #llegation of Iearnest effortsJ is @GR':%'.T'O$#0, if its absent, the court can dismiss the case 8ut this rule is inapplicable to the following cases: 1 .ivil status or persons , Balidity of marriage or legal separation - #ny ground for legal separation / ;uture support 5 @urisdiction of courts 1 ;uture legitime DEFINITION OF FAMILY HOME 1 't is constituted 5ointly by the husband and the wife or by an unmarried head of the family , 't is the dwelling house where they and their family reside, and the land on which it is situated Gnder the ;., a family home is deemed constituted from the time it is occupied as a family residence #ctual value of the family home shall not e(ceed !-HH,HHH in urban areas and !,HH,HHH in rural areas THE FAMILY HOME IS E"EMPT FROM 1 6(ecution , ;orced sale - #ttachment E"CEPTIONS TO E"EMPTION OF FAMILY HOME 1 $on7payment of ta(es , %ebts incurred prior to constitution of home - %ebts secured by mortgages on the premises

17

%ebts due laborers, mechanics, architects, builders, materialmen and others who have rendered service or furnished materials for the construction of the building #$TE: The e(emption is limited to the value allowed by ;.

BENEFICIARIES OF A FAMILY INCOME 1 4usband and wife, or unmarried head of the family , !arents, ascendants, brothers and sisters living in home and depend on head of family for support SALE5 ALIENATION5 DONATION5 ASSIGNMENT OR ENCUMBRANCE OF THE FAMILY HOME 1 The person who constituted the same must give his<her written consent , The spouse of the person who constituted the family home must also give his<her written consent - # ma5ority of the beneficiaries of legal age must also give their written consent / 'n case of conflict, the court shall decide REQUISITES FOR CREDITOR TO AVAIL OF THE RIGHT UNDER ARTICLE 1%0 1 4e must be a 5udgment creditorK , 4is claim is not among those e(cepted under #rticle155, and - 4e has reasonable grounds to believe that the family home is worth more than the ma(imum amount fi(ed in #rticle 15> PROCEDURE TO AVAIL OF RIGHT UNDER ARTICLE 1%0 1 The creditor must file a motion in the court proceeding where he obtained a favorable for a writ of e(ecution against the family home , There will be a hearing on the motion where the creditor must prove that the actual value of the family home e(ceeds the ma(imum amount fi(ed by the ;. either at the time of its constitution or as a result of improvements introduced thereafter its constitution - 'f the creditor proves that the actual value e(ceeds the ma(imum amount the court will order its sale in e(ecution / 'f the family home is sold for more than the value allowed, the proceeds shall be applied as follows: a ;irst, the obligation enumerated in #rticle 155 must be paid b Then the 5udgment in favor of the creditor will be paid, plus all the costs of e(ecution c The e(cess, if any, shall be delivered CHILDREN BY ARTIFICIAL INSEMINATION # child conceived by artificial insemination is considered legitimate under the following conditions: 1 The artificial insemination is made on the wife, not on another woman , The artificial insemination of the wife is done with the sperm of the husband or of a donor on both the husband and a donor - The artificial insemination has been authori3ed or ratified by the spouse on a written instrument e(ecuted and signed by them before the birth of the child, and

18

The written instrument is recorded in civil registry together with the birth certificate of the child !resumption regarding the childAs filiation if the marriage is terminated and the mother contracts another marriage within -HH days after the termination of the former marriage:
Termination of 1st marriage 180 days after 2nd marriage 300 days after termination of 1st

2 marriage

nd

presumed conceived during the 1st marriage

presumed conceived during the 1st marriage

IMPUGNING THE LEGITIMACY OF A CHILD General Rule: Only the husband can impugn the legitimacy of a child Exception: The heirs of the husband may impugn the childAs filiation in the following cases: 1 'f the husband dies before the e(piration of period for filing the action , 'f the husband dies after filing without desisting - 'f the child was born after the death of the husband GROUNDS TO IMPUGN THE LEGITIMACY OF THE CHILD: 1 't was physically impossible for the husband to have se(ual intercourse with his wife within the first 1,H days of the -HH days which immediately preceded the birth of the child because of: a !hysical incapacity of the husband to have se(ual intercourse with his wife b The fact that the husband and wife were living separately in such a way that se(ual intercourse was not possible, or c :erious illness of the husband which absolutely prevented intercourse , 'f its proved that for biological or other scientific reasons, the child could not have been that of the husband, e(cept in the case of children conceived through artificial insemination - 'n case of children conceived through artificial insemination, the written authori3ation or ratification of either parent was obtained through mistake, fraud, violence, intimidation or undue influence PERIODS FOR FILING OF ACTION TO IMPUGN THE LEGITIMACY OF A CHILD The action to impugn the legitimacy of the child shall be brought: 1 'f the husband )or his heirs, in proper cases* resides in the city or municipality where the child was born or where his birth certificate was recorded 9 within 1 year , 'f the husband )or his heirs* does not reside in the city or municipality where the childAs birth took place or was recorded but his residence is in the !hilippines 9 within , years - 'f the childAs birth took place or was recorded in the !hilippines while the husband has his residence abroad, or vice7versa 9 within - years

19

The period shall be counted from the knowledge of the childAs birth or its recording in the civil register 4O+6B6R, if the childAs birth was concealed from or was unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge if the birth of the child or of the act of registration of said birth, whichever is earlier

ACTION TO CLAIM LEGITIMACY The child can bring the action during his lifetime 'f the child dies after reaching ma5ority without filing an action, his heirs can longer file the action after death 'f the child dies during minority in the state of insanity, his heirs can file the action for him within 5 years form the childAs death 'f the child dies after commencing the action, the action will survive and his heirs will substitute for him 'f the child is a minor or incapacitated or insane, his guardian can bring the action in his behalf LEGITIMATE FILIATION MAY BE PROVED BY ANY OF THE FOLLOWING 1 Records of birth or final 5udgment , #dmission of legitimate filiation in a public document or in a private handwritten instrument and signed by the parent concernedK in the absence of these evidences, the legitimate filiation may be proved by: a Open and continuous possession of the status of a legitimate child b #ny other evidence allowed by the Rules of .ourt RIGHTS OF LEGITIMATE CHILDREN 1 8ear surname of parents , Receive support from parents, ascendants and in proper cases, from brothers and sisters - Received legitimate and other successional rights PERIODS FOR FILING THE ACTION TO ESTABLISH ILLEGITIMATE FILIATION 1 'f the action is based on the record of the birth of the child or on admission by the parent of the childAs filiation in a public document or in a private handwritten signed document 9during the lifetime of the child , 'f the action is based on the open and continuous possession by the child of the status of an illegitimate child, or on other evidences allowed by the Rules of .ourt and special laws 9 during the lifetime of the alleged parent RIGHTS OF ILLEGITIMATE CHILDREN 1 Gse the surname of the mother , Receive support according to the provision of the ;. - Receive legitimate )1<, of that of a legitimate child* and other successional rights REQUISITES FOR LEGITIMATION 1 The child was conceived and born outside of wedlockK
20

The parents, at the time of childAs conception, were not dis2ualified by any impediment to marry each other 0egitimation takes place by the subse2uent marriage of the childAs parents 6ffect of legitimation: 't confers on the child the rights of legitimate children 6ffects of legitimation retroact to the time of the childAs birth 0egitimation may be impugned only those who are pre5udiced in their rights within 5 years from the time the cause of action accrues

WHO MAY ADOPT #ny person provided he is: 1 Of age , 'n possession of full civil capacity and legal rights - 'n a position to support and care for his legitimate and illegitimate children, in keeping with the means of the family / #t least 11 years older than the person to be adopted, unless: a The adopter is the natural parent of the child to be adopted, or b The adopter is the spouse of the legitimate parent of the person to be adopted WHO MAY NOT ADOPT 1 Guardian with respect to ward before final accounting , !erson convicted of crime involving moral turpitude - #lien Exceptions )#n alien may adopt*: a ;ormer ;ilipino adopting a relative by blood b #lien adopting legitimate child of ;ilipino spouse c @oint adoption by #lien and ;ilipino spouse of latterAs blood relative d Those allowed by rules on inter7country adoption WHO MAY NOT BE ADOPTED 1 !erson of legal age Exception: #n adult may be adopted if he is: a # child by nature of adopter or of spouse b .onsistently considered by adopter as his own child during minority , #lien whose country has no diplomatic relations with the !hilippines - !erson previously adopted )not yet revoked* GENERAL RULE: HUSBAND AND WIFE MUST OINTLY ADOPT Exceptions 1 One spouse adopts his<her illegitimate child , One spouse adopts legitimate child of the other WRITTEN CONSENT NECESSARY FOR ADOPTION 1 !erson to be adopted, if 1H years old or over , $atural parents or legal guardian of the person to be adopted - 0egitimate children of the adopter, 1H years old or over / #dopted children of the adopter, 1H years old or over 5 'llegitimate children of the adopter, 1H years old or over and living with him

21

1 >

:pouse of the adopted, if married :pouse of the adopter, if married

EFFECTS OF ADOPTION 1 %eemed a legitimate child of the adopter , #c2uired reciprocal rights and obligations arising from parent7child relationship - Right to use surname of the adopter / !arental authority of natural parents terminates and vested in adopter 5 Remains intestate heir of natural parents and blood relatives 1 0egitimate brothers and sisters )whether full of half blood* RULES REGARDING SUPPORT TO ILLEGITIMATE BROTHERS AND SISTERS (WHETHER FULL OR HALF BLOOD) 1 'f the one asking for support is below ma5ority age, he is entitled to support from his illegitimate brother or sister to the full e(tent, without any conditionK , 'f the one asking for support is already of ma5ority age, he is entitled to support only if his need for support is not due to a cause imputable to his fault or negligence PROPERTIES ARE LIABLE FOR THE SUPPORT OF THE RELATIVES 1 :pouses 9 absolute community or con5ugal property , .ommon children of the spouses 9 absolute community or con5ugal property - .hildren of a spouse by another marriage 9 absolute community or con5ugal property / 'llegitimate children of either spouse: a Under the s*stem of absolute communit* 9 separate property of the parent7spouse, if the same is insufficient or there is no such property, the absolute community is liable but the support is considered as advances on the share of the parent to be paid by him to the community at the time of li2uidationK b Under the s*stem of conjugal partnership 9 separate property of the parent7 spouseK if the same is insufficient or there is no such property, the con5ugal property is liable if financiall* capable+ but the support paid to the child shall be deducted from the share of the parent7spouse at the time of li2uidation of the partnership 5 0egitimate ascendants, other legitimate and illegitimate descendants, and legitimate and illegitimate brothers and sisters 9 separate property of the obligor7spouseK if the same is not sufficient or there is none, the absolute community or con5ugal property shall be liable if financially capable, which support shall be deducted from the share of the spouse upon li2uidation of the #.! or .!G ORDER OF LIABILITY IF 2 OR MORE ARE OBLIGED TO SUPPORT 1 :pouse , %escendants in nearest degree - #scendants in nearest degree / 8rothers and sisters CONCEPT OF PARENTAL AUTHORITY (PATRIA POTESTAS)

22

!arental authority is the mass of rights and obligations which parents have in relation to the person and property of their children until their emancipation, and even after under certain circumstances

CHARACTERISTICS OF PARENTAL AUTHORITY 1 't is a natural right and duty of the parents )#rt ,HC ;.* , 't cannot be renounced, transferred or waived e(cept in cases authori3ed by law )#rt ,1H ;.* - 't is 5ointly e(ercised by the father and the mother )#rt ,11, ;.* / 't is purely personal and cannot be e(ercised through agents 5 't is temporary WHO E"ERCISES PARENTAL AUTHORITY IN CASE OF ABSENCE5 DEATH OR REMARRIAGE OF EITHER PARENT5 OR SEPARATION OF THE PARENTS 1 'n case of absence of either parent 9 parent present , 'n case of death of either parent 9 surviving parent - 'n case of remarriage of surviving parent 9 still the surviving parent, unless the court appoints a guardian over the child / 'n case of separation of parents 9 parents designated by the court The court shall take into account all relevant considerations, especially the choice of the child over > years old, unless the parent is unfit # child under > years of age shall not be separated from the mother unless the court finds compelling reasons to order otherwise 'n case of death, absence or unsuitability of both parents, the surviving grandparent shall e(ercise substitute parental authority
UDICIAL

RESCISSION OF ADOPTION Rescission by the adopted a 'f the adopted is at least 1F years old Grounds: same grounds prescribed for disinheriting an ascendant )#rt C,H .ivil .ode* i !arents have abandoned their children or induced their daughter to live a corrupt or immoral life, or attempted against the virtueK ii !arent or ascendant has been convicted of an attempt against the life of the testator, his or her spouse, descendants or ascendantsK iii !arent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for 1 years or more, if the accusation has been found to be falseK iv !arent or ascendant has been convicted of adultery or concubinage with the spouse of the testatorK v !arent or ascendant by fraud, violence, intimidation or undue influence, causes the testator to make a will or to change one already madeK vi 0oss of parental authority vii Refusal to support the children pr descendants without 5ustifiable causeK viii #ttempt by one of the parents against the life of the other, unless there has been a reconciliation between them b 'f adopted is a minor or incapacitated Grounds: same grounds prescribed for loss of parental authority )#rt ,,C7,-, ;.*

23

!etition may be filed by: i #ny person authori3ed by the court ii !roper government instrumentality, acting on behalf of the child Rescission by the #dopter Grounds: a #dopted committed act which is ground for disinheriting a descendant b #dopted has abandoned the home of the adopters during minority for at least one year c #dopted committed act which shows that he has definitely repudiated the adoption

EFFECTS OF THE RESCISSION OF THE ADOPTION 1 'f the adopted is still a minor, the court shall reinstate the parental authority of the natural parents, unless the latter are dis2ualified or incapacitated, in which case, the court shall appoint a guardian over the person and property of the minor in the same proceeding , 'f the adopted is physically or mentally handicapped, the court shall appoint a guardian over this person or property or both in the same proceeding - #ll reciprocal rights and obligations between the adopter and the adopted arising from parent7child relationship are e(tinguished / The adopted shall rename his surname prior to the adoption 5 The court shall order the amendment of the records adopted in the civil registries SUPPORT .onsists of everything indispensable for: 1 :ustenance , %welling - .lothing / "edical attendance 5 6ducation 9 includes schooling or training for some profession, trade or vocation, even beyond the age of ma5ority 1 Transportation 9 includes e(penses going to and from school, or to from place of work #mount of support shall be in proportion to the means of the giver and to the need of the recipient THE FOLLOWING ARE OBLIGED TO SUPPORT EACH OTHER TO THE WHOLE E"TENT 1 :pouses , 0egitimate ascendants and descendants - !arents and their legitimate children and the children of the latter )legitimate or illegitimate* / !arents and their illegitimate children and the children of the latter )legitimate or illegitimate* ORDER OF SUBSTITUTE PARENTAL AUTHORITY 1 :urviving grandparent , Oldest brother or sister over ,1 - .hildAs actual custodian, over ,1 'n case of foundlings, abandoned children, neglected children or abused children, summary 5udicial proceedings shall be instituted so that they may be entrusted to:

24

1 4eads of childrenAs homes , Orphanages, or - :imilar institutions duly accredited by the proper government agency The following e(ercise special parental authority over the minor child while under their supervision, instruction or custody: 1 The school, its administrators and teachers, or , The individual, entity or institution engaged in child care

LIABILITY OF THOSE E"ERCISING SPECIAL PARENTAL AUTHORITY OVER THE CHILD 1 They are principally and solidarily liable for damages caused by the acts or missions of the child while under their supervision, instruction or custody $,EVE-+ this liability is sub5ect to the defense that the person e(ercising parental authority e(ercised proper diligence , The parents and 5udicial guardians of the minor or those e(ercising substitute parental authority over the minor are subsidiarily liable for said acts and omissions of the minor DISTINCTION BETWEEN SUBSTITUTE PARENTAL AUTHORITY AND SPECIAL PARENTAL AUTHORITY S6701)161& P-8&.1-/ A619*8)1, S(&:)-/ P-8&.1-/ A619*8)1, 't is e(ercised in case of death, absence, or 't is e(ercised concurrently with the if unsuitability of parents parental authority of the parents 4ence, it is not e(ercised by the and rest on the theory that while parents of parental authority over the child is in the custody of the the minor children person e(ercising special parental authority, the parents temporarily relin2uish parental authority over the child to the latter LIABILITY OF PARENTS FOR TORTS COMMITTED BY THEIR MINOR CHILDREN !arents and other person e(ercising parental authority are civilly liable for the torts committed by their minor children '-$VI.E. they are living in their company This is sub5ect to the appropriate defenses provided by law, EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILD The ;ather and "other shall 5ointly e(ercise legal guardianship over the property of the minor child without court appointment 'n case of disagreement, the fatherAs decision shall prevail, unless there is 5udicial order to the contrary 'f the market value of the property or the annual income of the child e(ceeds !5H,HHH, the parent is re2uired to furnish a bond of not less than 1HL of the value of the childAs property or income GROUNDS FOR SUSPENSION OF PARENTAL AUTHORITY 1 .onviction of parent for crime without civil interdiction
25

, / 5

Treats child with e(cessive harassment and cruelty Gives corrupting orders, counsel or e(ample .ompels child to beg :ub5ects or allows acts of lasciviousness

GROUNDS FOR TERMINATION OF PARENTAL AUTHORITY 1 %eath of parents , %eath of child - 6mancipation of child 'f the parents e(ercising parental authority has sub5ected the child or allowed him to be sub5ected to se(ual abuse, he shall be permanently deprived of parental authority CASES WHERE PARENTAL AUTHORITY MAY BE REVIVED (I.E. ;SUSPENDED< PARENTAL AUTHORITY) 1 #doption of child , #ppointment of general abandonment - @udicial declaration of abandonment / ;inal 5udgment divesting parental authority 5 @udicial declaration of absence or incapacity or person e(ercising parental authority 1 , / 5 1 CHILD CONCERNED SURNAME TO BE USED 0egitimate child ;atherAs surname 0egitimated child ;atherAs surname #dopted child #dopterAs surname 'llegitimate child "otherAs surname .onceived prior to the annulment of the ;atherAs surname marriage .onceived after the annulment of the "otherAs surname marriage WIFE SURNAME TO BE USED Balid marriage )before the husband a maidenAs first name and surname M her dies* husbandAs surname b maidenAs first surname M her husbandAs surname e.g. "arife Tan c her husbandAs full name, but prefi(ing a word indicating that she is his wife e.g. "rs 4appy Tan d retain the use of her maiden name and surname )use of husbandAs surname is not a duty but merely an option of the wife* "arriage is annulled 7 wife is the guilty party she shall resume her maiden name and surname
26

7 wife is the innocent party

choices: a resume using her maiden name and surname b continue employing her husbandAs surname, unless: i the court decrees otherwise, or ii the wife of the former husband is married again to another person 0egally separated she shall continue using the name and surname she was employing prior to the legal separation )Tolentino v /"* %ivorce )at least if they allow it later choices: same as widowed spouse or for those who got divorced during the @apanese occupation younger person is obliged to use such additional name of surname as will avoid confusion a son may used the word I@uniorJ e.g. "arife 0omibao7Tan, @r b grandsons and other male descendants, shall either : i add a middle name e.g. 4appy .hris Tan ii add the motherAs surname e.g. 4appy 0omibao Tan iii add the Roman numerals '', ''' and so on

86T+66$ !6R:O$: 86T+66$ #:.6$%#$T: #$% %6:.6$%#$T:

PROCEDURAL REQUIREMENTS FOR A PETITION FOR CHANGE OF NAME 1 - years residency in the province where change is sought prior to the filingK , must not be filed within -Hd prior to an electionK - the petition must be verified PROPER AND REASONABLE CAUSES THAT MAY WARRANT THE GRANT OF A PETITION FOR CHANGE OF NAME: 1 the petitionerAs true and official name is ridiculousK , the petitionerAs true and official name is tainted with dishonor - the petitionerAs true and official name is e(tremely difficult to write or pronounceK / when the re2uest for change is a conse2uence of a change of status, such as when a natural child is acknowledged or legitimatedK 5 when the change is necessary to avoid confusion ELEMENTS OF USURPATION OF NAME 1 there is an actual use of anotherNs name by the defendant , the use is unauthori3ed - the use of anotherNs name is to designate personality or to identify a person

27

REMEDIES AVAILABLE AGAINST THE USURPER TO USURPED 1 civil )insofar as private persons are concerned a in5unction b damages )actual and moral* , criminal )when public affairs are pre5udiced*

THE

PERSON

WHOSE

NAME

HAS BEEN

WHEN USE OF ANOTHER=S NAME IS NOT ACTIONABLE when the name is used as stage, screen, or pen name, provided: 1 use of name is in good faithK and , by using the name of another, no in5ury is caused to that personNs right )%ean* - when use is motivated by modesty, a desire to avoid unnecessary trouble, or other reason not prohibited by law or morals KINDS OF ABSENCE 1 !hysical absence , 0egal absence PROVISIONAL ABSENCE 1 # person disappears from his domicileK , 4is whereabouts are unknownK and - a 4e did not leave any agentK or b 4e left an agent but agentNs power has e(pired THE ADMINISTRATION SHALL CEASE IN ANY OF THE FOLLOWING CASES: 1 when the absentee appears personally or by means of an agentK , then the death of the absentee is provided and his estate or intestate heirs appearK - when a third person appears, showing by a proper document that he has ac2uired the absenteeNs property by purchase or other title

28

STAGES OF WHEN TO FILE WHO MAY FILE ABSENCE !rovisional after three spouse absence months from the time of disappearance %eclaration of #bsence a the spouse b voluntary heirs c intestate heirs b those who may have over the with property of administrator the absentee 7 5 years from some right time of subordinated disappearance to the condition of the absenteeNs death !resumption Ordinary spouse of death absence: 7 > years 7 / years for purposes of remarriage Exception: 1 succession 9 1H years , >5 years of age 9 5 years 6(traordinary #bsence: / years ), years for purposes of remarriage* without administrator 7 , years from time of disappearance

REMEDY a receivership )#rt 1,, ;.* b 5udicial separation of property )#rt 1,, ;.* c authority to be sole administrator of the con5ugal partnership )#rt 1,, ;.* %eclaration of #bsence and #ppointment of #dministrator ):pouse shall be preferred* but only under the following cases: a when the absentee has properties which have to be taken cared of or administered by a representative appointed by the .ourt )#rt -F/, $..* b when the spouse of the absentee is asking for separation of property )#rt 1-5, ;.* c when the spouse of the absentee is asking the .ourt that the administration of all classes in the marriage be transferred to her )#rt 1/,, ;.* #ction to declare a person presumptively dead is proper only when the spouse of the absentee wants to remarry

PERIOD OF ABSENCE UNDER E"TRAORDINARY CIRCUMSTANCES 1 if a person rode an airplane or sea vessel, from the time of loss of the airplane or sea vessel , if a person 5oined the armed forces, from the time he os considered missing in action

29

under the circumstances, from time of disappearance

MATTERS RECORDED IN THE CIVIL REGISTER 1 birth , marriage - death / legal separation 5 annulment of marriage 1 5udgments declaring marriage void from the beginningK > legitimation F adoption C acknowledgement of natural children 1H naturali3ation 11 loss of citi3enship 1, recovery of citi3enship 1- civil interdiction 1/ 5udicial determination 15 voluntary emancipation of a minorK #$% 11 change of time REQUIREMENTS OF AN ADVERSARIAL PROCEEDING 1 !resence of opposing parties , $otice to indispensable parties - Relevant facts have been fully and properly developed / Opposing counsel was given an opportunity to demolish the opposite partyNs case )not ex parte* 5 6vidence has been thoroughly weighed and considered 1 .ompliance with the publication re2uirement SOURCES OF SUPPORT %GR'$G T46 "#RR'#G6 :!OG:6: !6$%'$G 0'T'G#T'O$ #;T6R 0'T'G#T'O$

30

;rom the property

community ;rom the community property assets e(cept if #rt ,H- applies, that if the claimant spouse is the guilty spouse, he<she will not be entitled to support if the spouses are under con5ugal partnership of gains, support is considered an advance of such spousesN shareK the rule does not apply if the spouses are under absolute community of property, based on #rt 15-

$o obligation to support e(cept if there is legal separation, in which case the court may re2uire the guilty spouse to give support

.4'0%R6$ ;rom the community ;rom the community ;rom the separate property property property of the spouses RULES GOVERNING SUPPORT BETWEEN BROTHERS AND SISTERS 1 #s long as the need for support is not due to a cause imputable to the claimantNs fault or negligence and he is not yet of age the illegitimate brothers < sisters are entitled to support , 'f the claimant is not yet of age, even if the cause is imputable to him or not, he is entitled to support - There is a difference in rules concerning support and succession where a barrier e(ists between legitimate and illegitimate children SOURCES OF MUTUAL SUPPORT :pouses Gsually con5ugal partnership or absolute communityK sometimes the separate property .ommon children of spouses .on5ugal partnership or absolute community of the parents 'llegitimate .hildren 'n #bsolute .ommunity 9 separate property of the parent7spouse concernedK but if the separate property is insufficient then the absolute property is liable but such support is considered as advances on the share of the parent7spouse 'n .on5ugal !artnership 9 the separate property of the parent7spouse concerned, but if such is insufficient or there is none, than the con5ugal partnership is liable '; all legal obligation have been covered OR can be coveredK but such support shall be deducted from the share of the parent7spouse )they are not advances* 0egitimate ascendants :eparate property 8rothers and sisters :eparate property LEGAL SUPPORT CONTRACTUAL SUPPORT

31

8ased on law 6(empt from e(ecution and attachment

8ased on contract, so it can be between strangers $ot e(empt from attachment and e(ecution because it is not a legal obligation 6O.6!T'O$: if the giver contracts with a person whom he is obliged by law to support, in which case only the e(cess of what is obliged )based on need* can be attached or sub5ect to e(ecution

LEGACY OF SUPPORT CONTRACTUAL SUPPORT 'f contained in a will, apply the rules of ;ollow rules of contracts which says that contractual support because there is no obligation must be fulfilled )support must more obligation to support to speak of be given* no matter what happens )even if since the giver is already dead you lose your 5ob* 8GT if the change in circumstances are manifestly beyond that contemplation of the parties, support may be ad5usted accordingly OPTIONS OF THE PERSON GIVING SUPPORT 1 To give a fi(ed monthly allowanceK or , To receive and maintain the recipient in the giverNs home or family dwelling 6(ception: when there is a legal or moral obstacle thereto

32