Professional Documents
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Persons and Family Relations Sanchez
Persons and Family Relations Sanchez
Juridical Capacity and Capacity to Act. • If in doubt as to who died first between 2 or more persons called to succeed
each other:
JURIDICAL CAPACITY CAPACITY TO ACT • Burden of Proof: Whoever alleges the death of one prior to the other
shall prove the same;
Definition • Absent such proof: Presumption is they all died at the same time. There
shall be no transmission of successional rights.
Fitness to be the subject of legal Power to do acts with legal
relations effect Requisites for Survivorship Under NCC
• It applies when the following conditions are present:
Acquisition • The parties are heirs to one another
• There is no proof as to who died first
Inherent (co‐exists with the natural Through the fulfilment of specific • There is doubt as to who died first
person) legal activities
Presumptions on survivorship under the Rules of Court.
Loss
• The Rules of Court provide that:
Only through death Through death and other causes • when two or more persons
• perish in the same calamity and
In relation to the other • it is not shown who died first, and
• there are no particular circumstances from which it can be inferred
Can exist without capacity to act Cannot exist w/o juridical capacity that one died ahead of the other
• The survivorship shall be determined from the probabilities resulting from
the strength and age of the sexes according to the following rules:
Limitation
Rule 131
None Art. 38 (restriction)
Art. 39 (modification / limitation), Age/Sex of decedents at the time of death Who presumed to
among others have survived
Decedent A Decedent B
Restrictions on Capacity to Act
Under 15 Under 15 Older
• Minority
• Insanity Above 60 Above 60 Younger
• Deaf‐mute,
• Imbecility, Under 15 Above 60 Under 15 (younger)
• Prodigality,
• Civil Interdiction Above 15 BUT under 60 Above 15 BUT under 60 Different sexes
-Male
Circumstances that modify or limit capacity to act. Same sex
• Insanity –Older
• Prodigality
• Age Under 15 OR over 60 Between 15 and 60 Between 15 and 60
• Imbecility
• Deaf‐Mute Residence and Domicile
• Family Relations • Residence is a place of abode, whether permanent or temporary.
• Alienage • Domicile denotes a fixed permanent to which, when absent, one has the
• Trusteeship intention of returning.
• Penalty
• Insolvency Domicile of Juridical Persons
• Absence • The place fixed by the law creating or recognizing the juridical person
Civil Personality Ceases • In the absence thereof, the place where their legal representation is
• Natural persons – by death established or where they exercise their principal functions.
• Juridical persons – by termination of existence
SOLEMNIZING AUTHORITY
ESSENTIAL REQUISITES Marriages in articulo mortis:
• essential requisites of marriage • Ship captain or airplane chief – provided the marriage is performed:
• Legal capacity of the contracting parties who must be a male and a • i. During voyage, even during stopovers
female • ii. Between passengers or crew members
• Consent freely given in the presence of the solemnizing officer • Military commander of a unit who is a commissioned officer – provided the
marriage is performed:
Legal Capacity • i. In absence of chaplain;
• Age – at least 18yrs • ii. Within zone of military operation;
• Sex – between male and female • iii. Between members of the armed forces or civilians
• Lack of legal impediment to marry
Requirement from Solemnizing Officer
• He shall state in an affidavit executed before the local civil registrar or any
Additional Requirements on Age other person legally authorized to administer oaths, that the marriage was
AGE ADDITIONAL REQUIREMENTS performed in articulo mortis and that he took the necessary steps to ascertain
the ages and relationship of the contracting parties and the absence of a legal
18 to 21 years old Parental consent and Marriage impediment to the marriage. (Art. 29, FC)
counselling
Failure of Solemnizing Officer
22 to 25 years old Parental advice and Marriage • Marriage will be still valid. The Law permits marriages in articulo mortis
counselling without marriage license but it requires the solemnizing officer to make an
affidavit and file it.
Absence of the additional requirement of parental consent does not make the
• However, such affidavit is not an essential or formal requisite of marriage,
marriage void but only voidable.
the same with a Marriage Contract. The signing of the marriage contract and
the affidavit is only required for the purpose of evidencing the act, not a
Formal Requisites of Marriage
requisite of marriage. It is the obligation of the solemnizing officer. It does
• Marriage Ceremony
not affect the validity of marriage (De Loria v. Felix, G.R. No. L‐9005, Jun. 20,
• Authority of the solemnizing officer
1958).
• Valid marriage License
Authorized venues of marriage
• GR: Must be solemnized publicly within the jurisdiction of the authority of the
Absence of Requisites
solemnizing officer:
Absence of any of the essential requisites?
• Chambers of the judge or in open court
– Void ab initio
• Church, chapel or temple
• Office of the consul‐general, consul or vice‐consul
Absence of any of the formal requisites?
• XPN:
– GR: Void ab initio
• Marriage at the point of death
– XPN: Valid even in the absence of formal requisite:
• Marriage in remote places
• a. Marriages exempt from license requirement
• Marriage at a house or place designated by the parties with the
• b. Either or both parties believed in good faith that the solemnizing
written request to the solemnizing officer to that effect.
officer had the proper authority.
• Note: This provision is only directory, not mandatory. The requirement that
Defect and Irregularity
the marriage be solemnized in a particular venue or a public place is not an
Defect in essential requisites
essential requisite for the validity of the marriage.
– Voidable
Exception to the rule requiring authority of the solemnizing officer
Irregularity in formal requisites
• Marriages contracted with either or both parties believing in good faith that
– Valid, but the party responsible for such irregularity shall be civilly, criminally
the solemnizing officer had the authority to do so.
or administratively liable
Period of the validity of a marriage license
MARRIAGE CEREMONY
• A marriage license is valid in any part of the Philippines only for 120 days from
A valid marriage ceremony
the date of its issuance and shall be deemed automatically cancelled at the
• That which takes place with the:
expiration of said period.
• appearance of the contracting parties before the solemnizing officer
• Note: If the parties contracted marriage after 120 days lapsed from the
and
issuance of the marriage license, such marriage shall be considered void for
• their personal declaration that they shall take each other as husband
lack of marriage license.
and wife
• in the presence of not less that 2 witnesses of legal age.
Failure to obtain parental advice or undergo marriage counselling
• The issuance of marriage license is suspended for 3 months from the
Note: No particular form of ceremony or religious rite is required by law.
completion of publication of the application.
• Note: The marriage is valid in this case.
Marriage by Proxy
• If performed in the Philippines – No, it is not allowed, hence the marriage is Status of the marriage if the parties get married within said 3‐month period
void. • It depends.
– If the parties did not obtain a marriage license – the marriage shall be void
Note: Philippine laws prohibit marriages by proxy. Since the marriage is
for lack of marriage license.
performed in the Philippines, Philippine laws shall apply following the
– If the parties were able to obtain a marriage license – the marriage shall be
principle of lex loci celebrationis.
valid without prejudice to the actions that may be taken against the guilty
party.
• Contracted through Mistake of one party as to the identity of the
Issuance of Marriage License other;
• The local civil registrar of the city or municipality where either contracting • Contracted following the annulment or declaration of nullity of a
party habitually resides. previous marriage but Before partition, etc.;
• Bigamous or polygamous except as provided in Art. 41 FC on
Note: Obtaining a marriage license in a place other than where either party terminable bigamous marriages;
habitually resides is a mere irregularity. • Void due to Psychological incapacity;
• Each of the contracting parties shall file a separate or individual sworn • Void for reasons of Public policy
application with the proper local civil registrar
• Foreigners are further required to submit a Certificate of Legal Capacity Void and Voidable Marriages
issued by their respective diplomatic or consular officials before they can
obtain a marriage license. Void Marriage Voidable Marriage
• For stateless persons or refugees, in lieu of a certificate of legal capacity, an
affidavit stating the circumstances showing such capacity to contract Prescriptive Period
marriage must be submitted.
No prescriptive period GR: Within 5 years from
Absence of Certificate of Legal Capacity discovery of the ground
• The marriage is valid as this is merely an irregularity in complying with a XPN:
formal requirement of the law in procuring a marriage license, which will not 1. Lifetime of spouse in cases of
affect the validity of the marriage. (Garcia v. Recio, G.R. 138322, October 2, insanity
2001) 2. Before the party reaches 21
in cases where parents or
Exemptions guardians may file annulment
• Marriages among Muslims or members of ethnic cultural communities.
• Marriages in Articulo mortis. Children
–NOTE: Articulo Mortis means “at the point of death”, not merely in
danger of dying. GR: Illegitimate; Legitimate
• Marriages in Remote places. XPN: Those conceived or born of
–NOTE: “Remote Place” ‐ no means of transportation to enable the party marriages declared void under:
to personally appear before the solemnizing local civil registrar. Art.36 (Psychological incapacity), or
• Marriages between parties Cohabiting for at least 5 years Art. 52 in relation to Art. 53
• Marriages solemnized Outside the Philippines where no marriage license is
required by the country where it was solemnized. Judicial Declaration
• Marriages in articulo mortis Solemnized by a ship captain or airplane pilot
GR: Not necessary that there is judicial Necessary
• Marriages within Zones of military operation.
declaration
XPN: in case of remarriage
5 Year Cohabitation Rule
• 1. Living together as husband and wife at least 5 years before the marriage.
• The 5 year period must be characterized by: Void Marriage Voidable Marriage
– a. Exclusivity – the partners must live together exclusively, with
no other partners, during the whole 5‐year period. Status of marriage
– b. Continuity – such cohabitation was unbroken.
– Note: The period is counted from the date of celebration of marriage. Void ab initio Voidable: Valid until annulled
It should be the years immediately before the day of the marriage.
• 2. No legal impediment to marry each other. Petition filed
–Note: The five‐year period of cohabitation must have been a period of
legal union had it not been for the absence of marriage. Declaration of Nullity of Marriage Annulment of Marriage
(Sta. Maria No legal Impediment only required at the time of the marriage) Who may file
• Fact of absence of legal impediment must be Present at the time of the
marriage GR: Solely by the husband or wife. GR: Offended Spouse
• Parties must execute an Affidavit that they are living together as husband XPN: Any real party in interest, only in XPN:
and wife for 5 years and that they do not have any impediment to marry the following cases: 1.Parents or guardians in cases
• Solemnizing officer must execute a Sworn statement that he had ascertained Nullity of marriage cases commenced of insanity
the qualifications of the parties and found no legal impediment to their before the effectivity of A.M. No. 02‐11‐ 2.Parents or guardians before
marriage (Manzano v. Sanches, Mar. 1, 2001) 10.‐ March 15, 2003. the party reaches 21 years old
Marriages celebrated during the on the ground of Lack of
Marriage Certificate effectivity of the Civil Code. (De Dios Parental Authority
Carlos v. Sandoval, G.R. No. 179922,
MARRIAGE LICENSE MARRIAGE CERTIFICATE December 16, 2008).
LACK OF AUTHORITY OF SOLEMNIZING OFFICER Heirs file a petition for the declaration of nullity
• GR: The marriage is void ab initio. • The advent of the Rule on Declaration of Absolute Nullity of Void Marriages
• XPN: marks the beginning of the end of the right of the heirs of the deceased
• Express ‐ If either or both parties believed in good faith that the solemnizer spouse to bring a nullity of marriage case against the surviving spouse. While
had the legal authority to do so. (Art. 35, FC) A.M. No. 02‐11‐10‐SC declares that a petition for declaration of absolute nullity
• Implied ‐ Article 10 in relation to Article 26 of the Family Code. If the of marriage may be filed solely by the husband or the wife, it does not mean
marriage between a foreigner and a Filipino citizen abroad solemnized by that the compulsory or intestate heirs are without any recourse under the
a Philippine consul assigned in that country is recognized as valid in the law. They can still protect their successional right, for, compulsory or
host country, such marriage shall be considered as valid in the Philippines. intestate heirs can still question the validity of the marriage of the spouses,
( Sta. Maria Jr., Persons and Family Relations Law) not in a proceeding for declaration of nullity but upon the death of a spouse
in a proceeding for the settlement of the estate of the deceased spouse filed
CONTRACTED THROUGH MISTAKE in the regular courts
• For marriage to be rendered void, the mistake in identity must be with
reference to the actual physical identity of other party, not merely a mistake Splitting Cause of Action
in the name, personal qualifications, character, social standing, etc. (Rabuya, • There is only one cause of action which is the nullity of the marriage. Hence,
p. 213) when the second case was filed based on another ground, there was a
splitting of a cause of action which is prohibited. The petitioner is estopped
BIGAMOUS MARRIAGES from asserting that the first marriage had no marriage license because in the
• GR: Void for being bigamous or polygamous. first case, he impliedly admitted the same when he did not question the
• XPN: Valid if it is a terminable bigamous marriage. absence of a marriage license. Litigants are provided with the options on the
• when a person contracts a second or subsequent marriage before the course of action to take in order to obtain judicial relief. Once an option has
former marriage has been legally dissolved, or before the absent spouse been taken and a case is filed in court, the parties must ventilate all matters
has been declared presumptively dead by means of judgment rendered in and relevant issues therein. The losing party who files another action
the proper proceedings. (Art. 349, RPC regarding the same controversy will be needlessly squandering time, effort
and financial resources because he is barred by law from litigating the same
PSYCHOLOGICAL INCAPACITY controversy all over again. (Mallion v. Alcantara, G.R. No. 141528, Oct. 31,
• There is no exact definition for psychological incapacity, but it was defined 2006)
by the Supreme Court as “no less than a mental (not physical) incapacity that
causes a party to be truly incognitive of the basic marital covenants that Retroactivity of Nullity
concomitantly must be assumed and discharged by the parties to the • Retroacts to the date of the celebration of the marriage. However, although
marriage.” the judicial declaration of nullity of a marriage on the ground of psychological
• The intendment of the law has been to confine the meaning of incapacity retroacts to the date of the celebration of the marriage insofar as
"psychological incapacity" to the most serious cases of personality disorders the vinculum between the parties is concerned, it must be noted that the
clearly demonstrative of an utter insensitivity or inability to give meaning and marriage is not without legal consequences or effects. One such
significance to the marriage. (Santos v. CA, G.R. No. 112019, Jan. 4, 1995) consequence or effect is the incurring of criminal liability for bigamy. To hold
otherwise would be to render nugatory the State's penal laws on bigamy as
Requisites of psychological incapacity it would allow individuals to deliberately ensure that each marital contract be
1. 1.Juridical antecedence – must be rooted in the history of the party flawed in some manner, and to thus escape the consequences of contracting
antedating the marriage, although overt manifestations may arise only after multiple marriages. (Tenebro v. CA, G.R. No. 150758, Feb. 18, 2004)
such marriage.
2. Gravity – grave enough to bring about the disability of the party to assume Judicial Declaration
the essential marital obligations. • For purposes of remarriage – judicial declaration of absolute nullity is
3. Permanence or incurability – must be incurable. If curable, the cure should necessary.
be beyond the means of the parties involved. • Note: In the instance where a party who has previously contracted a marriage
which is legally unassailable, he is required by law to prove that the previous
one was an absolute nullity. But this he may do on the basis solely of a final
INCESTUOUS MARRIAGES judgment declaring such previous marriage void.
• For purposes other than remarriage – no judicial action is necessary.
• Those marriages: • Note: Here, evidence may be adduced, testimonial or documentary, to prove
– Between ascendants and descendants of any degree; the existence of the grounds rendering such a previous marriage an absolute
– Between brothers and sisters whether of the full or half blood. nullity. But these need not be limited solely to an earlier final judgment of a
– Note: Regardless of whether the relationship between the parties is court declaring such marriage void. (Rabuya, Civil Law Reviewer, 2009 ed)
legitimate or illegitimate.
IMPOTENCE
Consent of either party was obtained Injured party: Through free • Ground for annulment of marriage
by fraud cohabitation with full knowledge of • Exists at the time of the Celebration of marriage
the facts constituting the fraud. • Permanent (does not have to be absolute)
• Incurable
• Unknown to the other spouse
• Other spouse must not also be Impotent
• GR: No.Presumption is in favor of potency.
Vices of consent such as force, Injured party: Through free
• XPN: Doctrine of triennial cohabitation.
intimidation or undue influence cohabitation after the vices have
ceased or disappeared.
Triennial cohabitation
• After 3 years of living together with her husband, the wife remained a virgin,
Impotence and STD May not be ratified but action may
the husband is presumed to be impotent.
be barred by prescription only,
which is 5 years after the marriage
SEXUALLY TRANSMITTED DISEASE
Ground for Annulment
UNSOUND MIND • One of the parties is Afflicted with STD
• Test to determine unsoundness of mind • STD must be:
– It is essential that the mental incapacity must relate specifically to the • a. Existing at the time the marriage is celebrated
contract of marriage and the test is whether the party at the time of the • b. Serious
marriage was capable of understanding the nature and consequences of • c. apparently Incurable
the marriage • The other spouse must not be Aware of the other’s affliction
• Injured party must be Free from STD.
Who may file Annulment
• GR: The sane spouse has the legal standing to file the action for annulment Art 45 vs 46
only in cases where he or she contracted the marriage without knowledge of
the other’s insanity. ART 45 ART 46
• XPN: When the sane spouse had knowledge of the other’s insanity, action for AFFLICTION CONCEALMENT
annulment may be filed only by the following;
• Any relative or guardian or person having legal charge of the insane The fact of being afflicted is the The act of concealing is the ground for
• The insane spouse during a lucid interval or after regaining sanity ground for annulment annulment as it constitutes Fraud
FRAUD
Circumstances constituting fraud under Art. 45 Whether concealed or not There must be concealment
• Non‐disclosure of conviction by final judgment of crime involving moral
turpitude; Must be Serious and Incurable Does not have to be serious and
• Concealment by the wife of the fact that at the time of marriage, she was incurable
Pregnant by a man other than her husband;
• Concealment of Sexually transmitted disease, regardless of nature, existing
at the time of marriage;
• Concealment of Drug addiction, habitual alcoholism, homosexuality and
lesbianism. (Art. 46)
• Note: Any other misrepresentation as to character, health, rank, fortune
or chastity is not a ground for annulment.
• Note: Where there has been no misrepresentation or fraud, that is, when
the husband at the time of the marriage knew that the wife was
pregnant, the marriage cannot be annulled. Here, the child was born less
than 3 months after the celebration of the marriage. Supreme Court
refused to annul the marriage for the reason that the woman was at an
advance stage of pregnancy at the time of the marriage and such
condition must have been patent to the husband. (Buccat v. Buccat, G.R.
No. 47101, Apr. 25, 1941)
Who May and When To Liquidation of Property
Contracting party Within 5 years after attaining the Voidable marriages under Art. 45: shall be liquidated in accordance with Art.
age of 21 43(2) of the Family Code.(Art. 50)
• Note: In both instances under Articles 40 and 45, the marriages are governed
Either party was of unsound mind either by absolute community of property or conjugal partnership of gains
unless the parties agree to a complete separation of property in a marriage
Sane spouse who had no At any time before the death of settlement entered into before the marriage. Since the property relations of
knowledge of the other’s insanity either party the parties is governed by absolute community of property or conjugal
partnership of gains, there is a need to liquidate, partition and distribute the
properties. (Dino v. Dino, G.R. No. 178044, January 19, 2011)
Any relative, guardian or person At any time before the death of
having legal charge of the insane either party • The final judgment shall provide for the ff:
–Liquidation, partition and distribution of the properties of the spouses;
–Custody and support of the common children; and
Insane spouse During a lucid interval or after
–Delivery of their presumptive legitimes,
regaining sanity
The consent of either party was obtained by fraud • Unless such matters had already been adjudicated in previous judicial
proceedings, in which case, the final judgment of nullity or annulment need
Injured party Within 5 years after the discovery of not provide for those which have already been adjudicated.
fraud
• Note: Where there was a failure to record in the civil registry and registry of
property the judgment of annulment or absolute nullity of the marriage, the
Who May File When To File partition and distribution of the property of the spouses, and the delivery of
the children’s presumptive legitimes, it shall not affect third persons. (Arts.
52 & 53)
The consent of either party was obtained by force, intimidation, or undue
influence Forms of presumptive legitime
• cash
Injured party Within 5 years from the time the • property
force, intimidation, or undue
• sound security
influence disappeared or ceased
Requisites before second marriage if Annulled
Either party was physically incapable of consummating the marriage with the
• He must comply with the requirement provided for in Art. 52, before he
other, and such incapacity continues and appears to be incurable
contracts a subsequent marriage, viz:
Injured party Within 5 years after the celebration • The recording in the civil registries and registries of properties of
of marriage the following: JPDD
• Judgment of annulment;
Either party was afflicted with a sexually transmissible disease found to be • Partition;
serious and appears to be incurable • Distribution of properties; and
• Delivery of presumptive legitimes.
Injured party Within 5 years after the celebration
of marriage
Legal SEPARATION
Grounds for legal separation
• Repeated Physical violence or grossly abusive conduct against petitioner,
Role of Prosecutor/Solicitor General
common child, child of petitioner;
• They shall take steps to prevent collusion between the parties and to take
• Attempt to corrupt or induce petitioner, common child, child of petitioner to
care that evidence is not suppressed. Concomitantly, even if there is no
engage in prostitution, or connivance in such corruption or inducement
suppression of evidence, the public prosecutor has to make sure that the
• Attempt by respondent against Lifeof petitioner;
evidence to be presented or laid down before the court is not fabricated.
• Final judgment sentencing respondent to imprisonment of more than 6
Truly, only the active participation of the public prosecutor or the Solicitor
years;
General will ensure that the interest of the State is represented and
• Drug Addiction or habitual alcoholismof respondent;
protected in proceedings for declaration of nullity of marriages by preventing
– Note:It must exist after celebration of marriage
the fabrication or suppression of evidence
• Physical violence or moral pressure to Compel petitioner to change religious
or political affiliation;
Non‐intervention of the prosecutor
• Bigamous marriage Subsequently contracted by respondent in the
• GR: Fatal
Philippines or abroad
• XPN: In cases where the respondent in a petition for annulment vehemently
• Sexual Infidelity or perversion;
opposed the same and where he does not allege that evidence was
• Lesbianism/homosexuality of respondent;
suppressed or fabricated by any of the parties. (Tuason v. CA, G.R. No. 116607,
–Note: It must exist after celebration of marriage
April 10, 1996)
• Abandonment of petitioner by respondent without justifiable cause for more
than 1 year.
Actions prohibited
• Compromise
Prescriptive period
• Confession of judgment
• An action for legal separation shall be filed within five years from the time of
• Stipulation of facts
the occurrence of the cause (Art. 57, FC). An action filed beyond that period
• Summary judgment
is deemed prescribed
• Judgment on the pleading
Note: What the law prohibits is a judgment based exclusively or mainly on Mandatory cooling‐off period
defendant's confession (Ocampo v. Florenciano, 107 Phil. 35). Thus, • The requirement set forth by law that an action for legal separation shall in
stipulation of facts or confession of judgment if sufficiently supported by no case shall be tried before 6 months has elapsed since the filing of the
other independent substantial evidence to support the main ground relied petition, to enable the contending spouses to settle differences. In other words,
upon, may warrant an annulment or declaration of absolute nullity. it is for possible reconciliation.
– Note: There is no cooling‐off period if the ground alleged are those under
Duty of the court during Pendency of Action R.A. 9262
• The Court shall, in the absence of adequate written agreement between the
spouses, provide for the: Duty of the Court in Legal Separation
– Support of the spouses • The Court shall take steps toward the reconciliation of the spouses and must
– Support and custody of the common children. be fully satisfied, despite such efforts, that reconciliation is highly improbable
– Visitation rights of the other parent
CONFESSION OF JUDGMENT
• A decree of legal separation cannot be issued solely on the basis of a
stipulation of facts or a confession of judgment. The grounds for legal
• separation must be proved. Neither confession of judgment nor summary the LS. This absence gives the innocent spouse the right to choose
judgment is allowed. whether the offending spouse will be reinstituted.
–Note: What the law prohibits is a judgment based exclusively or mainly
on defendant's confession. ( Ocampo v. Florenciano,G.R. No. L‐13553, • As to the forfeited shares:
February 23, 1960) • Those given to the children cannot be returned since the spouses are no
longer the owners of such. But those given to the innocent spouse may
Who, When, Where be returned.
By a Spouse
Property Relations
• There must be marriage settlement (MS) stipulating a property regime other
GR: Philippine laws shall govern, regardless of place of celebration and than ACP;
residence of spouses, in the absence of contrary stipulation in a marriage • Donation in the MS be not more that 1/5 of the present property;
settlement. (Art. 80, Family Code) • There must be acceptance by the other spouse.
Marriage is not celebrated 5yrs Time the marriage All the properties Each spouse retains his/her
XPN: Those automatically rendered was not solemnized owned by the property before the marriage
void by law on the fixed date. spouses at the time and only the fruits and income of
(art. 1149) of marriage become such properties become part of
community the conjugal properties during
Marriage is Ground for nullity: Revoked by operation of law property the marriage
judicially
declared
a. Contracted
void Effect of separation in fact
subsequent marriage
before prior marriage
5 yrs Finality of judicial
has been judicially The separation in fact shall not affect the regime of ACP.
declared void declaration of nullity
(if action is to recover But:
b. any other grounds property)
The spouse who leaves the conjugal home or refuses to
live therein, without just cause, shall not have the right to
Marriage took place without consent of 5 yrs Time the donor came be supported;
parents, when required by law to know that the
required parental When consent of one spouse to any transaction of the
consent was not other is required by law, judicial authorization shall be
obtained obtained in a summary proceeding.
• Undue refusal to support the donor when he is legally or morally bound to (Arts. 100 & 127, FC)
give such support.
Property regimes
• Absolute Community of Property (ACP) ACP CPG ASOP
• Conjugal Partnership of Gains (CPG)
• Absolute Separation of Property (ASOP)
• Any other regime within limits provided by the Family Code Effect of dissolution
Legitimation
• Legitimation is a remedy or process by means of which those who in fact not
Grounds to impugn legitimacy of the child
born in wedlock and should therefore be ordinarily illegitimate, are by fiction,
Physical impossibility for the husband to have sexual intercourse with his wife considered legitimate.
within the first 120 days of the 300 days which immediately preceded the • Only children conceived and born outside of wedlock of parents who, at the
birth of the child because of: time of conception, were not disqualified by any impediment to marry each
a. Physical incapacity of the husband to have sexual intercourse with other.
his wife,
b. The fact that the husband and wife were living separately in such Requisites of legitimation
a way that sexual intercourse was not possible, or • Child must have been conceived and born outside of wedlock;
c. Serious illness of the husband which absolutely prevented • Child’s parents, at the time of former’s conception, were not disqualified by
intercourse; any impediment to marry each other;
• The subsequent valid marriage of the parents. (Art. 177, NCC)
• Proved that for biological or other scientific reasons, the child could not have
been that of the husband, except in the case of children conceived through LEGITIMATE CHILDREN ILLEGITIMATE CHILDREN
artificial insemination;
• In case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained through mistake, Surname
fraud, violence, intimidation or undue influence.
Prescriptive period Bear the surnames of both Bear the surname of either the
• impugning the legitimacy of the child shall be counted from the knowledge parents (mother and father) mother or the father under R.A. 9255
of birth or its recording in the civil registry.
• XPN: If the birth was:
• Concealed from or Support
• Was unknown to the husband or his heirs, the periods shall be
counted from the discovery or knowledge of the birth of the child Receive support from: Receive support according to
or of the act of registration of said birth, whichever is earlier.
provision of FC
Parents;
Ascendants; and
Adoption by a married person
in proper cases, brothers and
• GR: Such person must adopt with his spouse jointly. The general rule is that
sisters under Art 174.
husband and wife shall jointly adopt.
XPN:
Legitime • One spouse seeks to adopt the legitimate child of the other;
• One spouse seeks to adopt his own illegitimate child;
• Spouses are legally separated.
Full Legitimes and other Share is equivalent to ½ of the share
successional rights under the of a legitimate child Who may be adopted
Civil Code • Any person below 18 of age who has been administratively or judicially
declared available for adoption;
• Legitimate child of one spouse by the other spouse;
• Illegitimate child by a qualified adopter to improve the status of said child to
LEGITIMATE CHILDREN ILLEGITIMATE CHILDREN that of legitimacy;
• Person of legal age, if prior to the adoption, said person has been consistently
considered and treated by adopters as their child since minority;
Period for filing action for claim of legitimacy or illegitimacy • Child whose adoption has been previously rescinded;
• Child whose biological parents have died provided no proceedings have been
initiated within 6 months from time of death
His/her whole lifetime regardless For primary proof: his/her whole
of type of proof provided under lifetime Child legally free for adoption
Art 172 • A child voluntarily or involuntarily committed to the DSWD, freed of his
For secondary proof: biological parents, guardians, adopters in case of rescission.
only during the lifetime of the
Consent necessary for adoption
alleged parent • Adoptee, if 10 years of age and over;
• Biological parents of the child, if known or the legal guardian, or the proper
Transmissibility of right to file an action to claim legitimacy government instrumentality which has legal custody of the child;
• Legitimate children of the adopter, if 10 years old or over;
• Illegitimate children of the adopter, if 10 years old or over and living with him;
Yes No • Spouse of the adopted, if married;
• Spouse of the adopter, if married.
Rescission of the adoption in the Domestic Adoption Act of 1998 (RA 8552
Qualifications of an alien 1. If adoptee is still a minor or is incapacitated – Restoration of:
a. Parental authority of the adoptee’s biological parents, if
1. Possesses Same qualifications as those enumerated for Filipino adopters; known’ or
2. His country has Diplomatic relations with the Philippines; b. Legal custody of the DSWD;
3. GR: Has been living in the Philippines for at least 3 continuous years prior to 2. Reciprocal rights and obligations of the adopters and adoptee to each
the application for adoption and maintains such residence until adoption other shall be extinguished;
decree has been entered. 3. Court shall order the civil registrar to cancel the amended certificate of
• XPN: birth of the adoptee and restore his/her original birth certificate;
• He is a former Filipino who seeks to adopt a relative within the 4th 4. Succession rights shall revert to its status prior to adoption, but only as of
civil degree of consanguinity or affinity, the date of judgment of judicial rescission;
• He is married to a Filipino and seeks to adopt jointly with his spouse 5. Vested rights acquired prior to judicial rescission shall be respected
a relative within the 4th degree of consanguinity or affinity,
• He is married to a Filipino and seeks to adopt the legitimate or
illegitimate child of his filipino spouse.
Characteristics of support
1. Personal
2. Reciprocal on the part of those who are by law bound to support each
other
3. Intransmissible
4. Mandatory
5. Provisional character of support judgment
6. Exempt from attachment or execution
7. Not subject to waiver or compensation