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Persons and Family Relations Tip Sheet PDF
Persons and Family Relations Tip Sheet PDF
Persons and Family Relations Tip Sheet PDF
1. Punishes 1. The law makes the act valid but punishes the violator
Exceptions to the GR
2. Authorizes 2. The law itself authorizes its validity
that acts contrary to
mandatory or PAVE 3. Voidable 3. The law makes the act only voidable
prohibitory laws are 4. Effects 4. The law declares the nullity of an act but recognizes its effects as legally
void existing
1. Minority 1. Minority
2. Insanity 2. Insanity or Imbecility
Restrictions on
MID-PC 3. Deaf Mute 3. State of being Deaf Mute
Capacity to Act
4. Prodigality 4. Prodigality
5. Civil Interdiction 5. Civil Interdiction
1. Family Relations 1. Family Relations
2. Insanity 2. Insanity
3. Imbecility 3. Imbecility
4. Insolvency 4. Insolvency
5. Trusteeship 5. Trusteeship
Modifications on 6. Penalty 6. Penalty
FI3 T P2A3 D
Capacity to Act 7. Prodigality 7. Prodigality
8. Age 8. Age
9. Alienage 9. Alienage
10. Absence 10. Absence
11. State of being deaf- 11. State of being deaf-mute
mute
1. Legal 1. Legal Capacity of the contracting parties, who must be a male and a
2. Consent female
Essential Requisite
LC a. 18 years old or above
of Marriage
b. Not under any impediment mentioned in Art. 37 & 38
2. Consent freely given in the presence of a solemnizing officer
Formal Requisite of 1. Authority 1. Authority of the solemnizing officer
ALM
Marriage 2. License 2. Valid Marriage License
3. Marriage 3. Marriage ceremony where the contracting parties appear before the
Ceremony solemnizing officer, with their personal declaration that they take each
other as husband and wife in the presence of not less than 2 witnesses of
legal age
1. Priest 1. Priest, rabbi, imam, or ministers of any church or religious sect
2. Incumbent 2. Incumbent members of the judiciary within the court’s jurisdiction
3. Captains 3. Ship captain or air plane chiefs
Persons who may
PICC-CM 4. Commander 4. Commander of a military unit, in the absence of chaplain
solemnize marriage
5. Consul 5. Consul generals, consuls or vice-consuls of the republic of the Philippines
6. Mayors abroad
6. Municipal and City Mayors
1. Muslims 1. Among Muslims or members of ethnic cultural communities solemnized
2. Articulo Mortis in accordance with their customs, rites and practices
3. Remote Place 2. Articulo Mortis
Exceptions to the
MARCO 4. Cohabitation 3. Remote Place
license requirement
5. Outside 4. Ratification by Cohabitation
5. Solemnized outside the Philippines where no marriage license is required
by the country where they were solemnized
1. 5 years 1. The man and woman must have been living as husband and wife for at
2. Legal least 5 years before the marriage
3. Legal 2. The parties must have no legal impediment to marry each other
4. Affidavit 3. The fact of absence of legal impediment between the parties must be
Requisites of 5. Statement present at the time of marriage
Ratification by 5L2AS 4. The parties must execute an affidavit before any person authorized by law
cohabitation to administer oaths stating that they have lived together for at least 5
years
5. The solemnizing officer must execute a sworn statement that he had
ascertained the qualifications of the parties and that he had found no
legal impediment to their marriage
Exceptions to the GR 1. Below 1. Contracted by a national who is below 18 years of age
2
that foreign B MA-PIP 2. Bigamous 2. Bigamous or polygamous except as provided in Art. 41, FC
marriages may be 3. Mistake 3. Contracted through mistake of one party as to the identity of the other
recognized in the 4. Annulment 4. Contracted following the annulment or declaration of nullity of a previous
Philippines 5. Psycholgicallly marriage but before partition
6. Incestuous 5. When any of the party is psychologically incapacitated wen the marriage
7. Public was celebrated
6. Incestuous marriages
7. Marriage is void by reason of Public Policy
1. Law 1. Those contrary to law or public policy
2. Absence 2. Absence of essential or formal requisites
Kinds of Void 3. Psychological 3. Either of the parties is Psychologically incapacitated
LAPIS 4. Incestuous 4. Incestuous Marriages
Marriages
5. Subsequent 5. Void subsequent marriages
1. Below 1. Contracted by any party below 18 years of age even with parental
2. Bigamous consent
3. License 2. Bigamous or polygamous marriages except as provided in Art. 41
Void marriages due 4. Authorized 3. Solemnized without marriage license except as otherwise provided
to absence of any of 5. Identity 4. Solemnized by any person not legally authorized to perform marriages
BB-LAIS
the essential or 6. Subsequent unless one or both of the parties believed in good faith that the
formal requisites solemnizing officer had the legal authority to do so
5. Marriages contracted through mistake of one of the parties as to the
physical identity of the other
6. Subsequent marriages that are void under Art. 53 of the Family code
1. Juridical 1. Juridical Antecedent, must be rooted in the history of the party
Antecedent antedating the marriage, although the overt manifestations may engage
Requisites of 2. Incurablity only after the marriage
Psychological JIG 3. Gravity 2. Incurability, Must be incurable or, even if it were otherwise, the cure
Incapacity would be beyond the means of the party involved
3. Gravity, must be grave/serious such that the party would be incapable of
carrying out the ordinary duties required in a marriage
3. The husband shall have no more right to have sexual intercourse with his
wife
1. Marriage 1. Marriage settlements executed before the marriage or ante nuptial
Property Relations 2. Provisions agreements
between husband MPLC 3. Local 2. Provisions of the Family Code
and wife 4. Co-ownership 3. Local Customs when spouses repudiate ACP
4. In the absence, of local customs, rules on co-ownership
1. Before 1. Made before celebration of marriage
2. Writing 2. In writing
3. Signed 3. Signed by the parties
4. Prejudice 4. Will not prejudice third persons unless registered in the civil registry and
Requisites of a Valid
BeW-SIP-FINA 5. Fix proper registries of property
Marriage Settlement
6. Not contain 5. Shall fix terms and conditions of the property relations
7. Additional 6. Must not contain provisions contrary to law, good morals, good customs,
public order, and public policy, or against the dignity of either spouse
7. Additional signatories/parties
1. Revival 1. In case of revival of former property regime between reconciling spouses
Exceptions to the GR
2. Abandoned after decree of legal separation has been issued
that modifications in
3. Sufficient 2. When abandoned spouse files petition for judicial separation of property
a marriage
RASP 4. Petition under Art. 128
settlement must be
3. When a spouse files petition for judicial separation of property for
made through a
sufficient causes under Art. 135
judicial decree
4. Petition for voluntary dissolution of property regime under Art. 136
Requisites for 1. Consideration 1. In consideration of marriage
Donations propter COB 2. One 2. In favor of one or both of the future spouses
nuptias 3. Before 3. Made before celebration of marriage
1. Marriage 1. There must be a valid Marriage settlement stipulating a property regime
Rules in case of settlement other than ACP
donation by the 2. One-fifth 2. Donation in Marriage settlement is not more than 1/5 of present property
MOAC
would be spouse to 3. Accepted 3. Accepted by would be spouse
each other 4. Complies 4. Complies with requisites in Title II, Book II of the Civil Code on Donations
1. Void 1. Marriage not celebrated or declared void ab initio except those made in
2. Consent marriage settlements that do not depend on celebration of marriage
Grounds for
3. Annulled 2. Marriage without parental consent
revocation of
VoLCARI 4. Legal Separation 3. Marriage is annulled and donee is in bad faith
donations propter
5. Resolutory 4. Upon legal separation, the donee being the guilty spouse
nuptias
6. ingratitude 5. Donation is with a resolutory condition and the condition was complied
6. Donee commits acts of ingratitude as specified by Art. 765 of Civil Code
Exceptions to the GR 1. Before 1. Property, including fruits and income thereof acquired before the
that the Community 2. Exclusive marriage by either spouse who has legitimate descendants by a former
Property shall 3. Gratuitous marriage
consist of all 2. Property for personal and exclusive use except jewelry
BEG
property owned by 3. Property acquired during the marriage by gratuitous title, including fruits
the spouses at the and income thereof except when the donor, testator, or grantors
time of marriage or expressly provides otherwise
acquired thereafter
1. Labor 1. Obtained from Labor, industry, work or profession of either or both
2. Livestock spouses
3. Chance 2. Livestock existing upon dissolution of partnership in excess of number of
4. Conjugal each kind brought to the marriage by either spouse
5. Fruits 3. Acquired by chance such as winnings from gambling, but losses
6. Occupation therefrom shall be borne exclusively by loser-spouse
Properties under 7. Net fruits 4. Acquired during the marriage by onerous title with conjugal funds
L2C2-FONTI
Conjugal Partnership 8. Treasure 5. Fruits of the conjugal property during the marriage
9. Interest 6. Acquired through occupation such as fishing or hunting
7. Net fruits of their exclusive property
8. Share of either spouse in hidden treasure
9. Interest falling due during the marriage on principal amount of credit
belonging to one spouse which is payable in partial
payments/installments and collected during the marriage
1. Own 1. That which is brought to the marriage as his/her own, whether with or
Exclusive Property of
OGREC 2. Gratuitous without legitimate descendants
Each Spouse
3. Redemption 2. Acquired during the marriage by Gratuitous title
3. Legal 2. Adoptee shall be considered as a legitimate child of the adopter(s) for all
intents and purposes
3. In legal and intestate succession, the adoptee and the adopter(s) shall
have reciprocal rights of succession without distinction from legitimate
filiation. However if there is a will, the rules on testamentary succession
shall be followed.
1. Attempt 1. Attempt on the life of the adoptee
Grounds for 2. Sexual 2. Sexual assault or violence
Rescission of ASAR 3. Abandonment 3. Abandonment and failure to comply with parental obligations
Adoption 4. Repeated 4. Repeated physical or verbal maltreatment by the adopter despite having
undergone counseling
1. Groundless 1. Groundless accusation against the testator of a crime punishable by 6
2. Attempt years or more imprisonment
3. Make 2. Found guilty of an attempt against the life of the testator, his/her spouse,
4. Maltreatment descendants, or ascendants
5. Conviction 3. Causes the testator to Make or change a testator’s will through violence,
Grounds for
GAMM-CARD 6. Adultery intimidation, fraud or undue influence
Disinheritance
7. Refusal 4. Maltreatment of the testator by word or deed
8. Dishonorable 5. Conviction of a crime which carries the penalty of civil interdiction
6. Adultery or concubinage with testator’s spouse
7. Refusal without justifiable cause to support the parent or ascendant
8. Leads a dishonorable or disgraceful life
1. Parental 1. Parental authority of adoptee’s biological parents or legal custody of
2. Reciprocal DSWD shall be restored if adoptee is still a minor or incapacitated
3. Amended 2. Reciprocal rights and obligation of the adopter(s) and the adoptee to each
4. Succession other shall be extinguished
3. Amended certificate of birth of the adoptee shall be cancelled and its
Effects of Rescission PRAS
original restored
4. Succession rights shall revert to their status prior to the adoption, but
vested rights shall be respected
1. Jointly 1. If married, his/her spouse must jointly file for the adoption
2. Age 2. At least 27 years of age and at least 16 years older than the child to be
3. Capacity adopted at the time of the application unless the adopter is
4. Not been convicted a. Parent by nature of the child to be adopted
5. Eligible b. Spouse of such parent
6. Rights 3. Capacity to act and assume all rights and responsibilities of parental
7. Diplomatic authority under his/her national laws, and has undergone the appropriate
8. Position counseling from an accredited counselor in his/her country
9. Qualifications 4. Has not been convicted of a crime involving moral turpitude
Conditions for
5. Eligible to adopt under his/her national law
Adoption under the
JAC-NERD-PQ 6. Agrees to uphold the basic rights of the child as embodied under
Inter-Country
Philippine laws, the UN convention on the rights of a child, and to abide
Adoption Act
by the rules and regulations to implement the inter-country adoption act
7. Comes from a country with whom the Philippines has diplomatic relations
and whose government maintains a similarly authorized and accredited
agency and that adoption is allowed under his/her national laws
8. In apposition to provide the proper care and support and to give the
necessary moral values and examples to all his children, including the
child to be adopted
9. Possesses all the qualifications and none of the disqualifications under the
inter-country adoption act and other applicable Philippine laws
1. Legal 1. Legal, one required or given by law
2. Judicial 2. Judicial, required by the court to be given whether pendent lite or in a
Kinds of Support LJC
3. Conventional final judgment
3. Conventional, given by agreement
1. Mandatory 1. Mandatory
2. Reciprocal 2. Reciprocal on the part of those who are by law bound to support each
3. Personal other
Characteristics of
MR PI2NE 4. Provisional 3. Personal
Support
5. Intransmissible 4. Provisional character of support judgment
6. Not subject 5. Intransmissible
7. Exempt 6. Not subject to waiver or compensation
1. 4 years 1. The absent spouse has been missing for 4 years or 2 consecutive years if
2. Remarry the disappearance is under extraordinary circumstances
3. Belief 2. The present spouse wishes to remarry
Requisites of
4-RBF 4. Files 3. The present spouse has a well-founded belief that the absent spouse is
Presumptive Death
dead
4. The present spouse files a summary proceeding for the declaration of
presumptive death of the absent spouse