Civil Personality
*Juridical Capacity is the fitness to be MARRIAGE
the subject of legal relation, is inherent Formal Reqt. Essential Reqt.
in every natural person & is lost only 1.Authority of 1. Legal cap. Of
through death. solemnizing contracting par-
*Capacity to act is the power to do officer ties who must be
acts w/ legal effect, is acquired & may 2.Valid marriage male & female;
be lost & is restricted by minority, license 2. Consent freely
insanity, state of being deaf-mute, 3. Marriage cere- given in presence
prodigality & civil interdiction. mony w/ appea- of solemnizing
*Birth det. Personality but a conceived rance of contrac- officer.
child shall be considered born for all ting parties be-
purposes favorable to it. fore solemnizing
*Fetus is considered born if it is alive officer & presence
at the time it is completely delivered fr. of not less than
mother's womb; w/ intra-uterine life of 2 witnesses.
less than 7 mos. Not born if it dies w/in
24 hrs. after complete delivery Marriage Exempt fr. License:
*Death extinguishes civil personality & 1.Marriage in articulo mortis.
effect of death upon rights & oblig. 2.Marriages in remote places.
is determined by law, contract & will. 3.Marriages bet. Muslims or among
*No transmission of rights where there members of ethnic communities.
is absence of proof of who died first. 4.Legal ratification of marital
Juridical Persons: cohabitation.
1.State & its political subdivision. 5.Marriages solemnized outside the
2.Other corp.,institution & entities Phil. Where license is not required.
for public interest created by law.
3.Corp.,partnership & asso. for pvt. purposes w/c law grants juridical
personality, separate & distinct fr. shareholder, partner & member.
Void Marriages: Voidable Marriages
1.Below 18 yrs. Of age even w/ consent 1.One or both parties were bet.
2.Solemnized by person w/o authority the ages of 18 or over but below
3.Solemnized w/o license. 21 & marriage was solemnized w/o
4.Bigamous or polygamous marriages consent of parents/guardians,etc.
5.Mistake in identity 2.Either party is of unsound mind.
6.Subseqwuent marriages void 3.Consent was obtained thru fraud.
under Art. 53. 4.Consnet was obtained thru
7.Psychological incapacity force,intimidation,undue influence.
8.Incestuous marriages 5.Physical incapability to consume
9.Void by reason of public policy. marriage.
6.Party is afflicted with STD at the
time of marriage.
Legal
Separation Denial of Petition
1.Repeated physical violence. 1.Aggrieved party has condoned
2.Violence to change religion/ the offense;
political affiliation. 2.Aggrieved party has consented
3.Induce petitioner to engage in to the commission of the offense;
Rights & Obligations:
1.Obliged to live together,observe mutual love,etc.
2.Both shall fix family domicile.
3.Jointly responsible for support of family
4.Mgt. Of household - right & duty of both spouses.
5.Either spouse may exercise legitimate profession &
may only be objected on serious & moral ground.
Husband &
Wife
Absolute Community
*shall govern in absence of marriage
settlement & shall commence when
marriage is celebrated.
*shall consist of all property owned
by spouses at time of celebration
or acquired thereafter. Exclude
prop. Acquired by gratuitous title,
personal & exclusive use & prop.
acquired by either spouse from
prior marriage.
*shall be liable for support of the
spouses & their children, debts &
obligation, taxes, expenses, etc.
*administration & enjoyment shall
belong to both spouses jointly.
*either spouse may dispose by
will his or her interest but neither
may donate any community prop.
w/o the consent of the other.
*the community terminates upon
death of either spouse,decree of
legal separation,marriage is annulled
or declared void or in case of judi-
cial separation of property.
*upon dissolution, an inventory shall
be prepared, debs & obligations of
the community shall be paid out of
its assets.
-if insufficient, solidary liability of
spouses w/ their separate prop.
-conjugal dwelling & lot shall be
adjudicated to the spouse w/ whom
majority of the children choose to
remain.
-if death, surviving spouse shall
Donations by reason of marriage:
*made before its celebration
*may be revoke by donor:
-marriage is not celebrated
-marriage w/o consent of parents
-marriage is annulled;donee in bad faith
-legal separation;donee guilty spouse
-it is w/ resolutory condition & was complied
-donee committed act of ingratitude
*only moderate gifts may be given during marriage on
occasion of family rejoicing
Property Relations
Conjugal Partnership Complete Separation
*husband & wife place in common *stipulated in the marriage settlement.
fund the proceeds, fruits & income *each spouse shall own, dispose of,
fr. Their separate properties and possess, administer & enjoy his or
those acquired by either or both her own separate estate, w/o need of
spouses through their efforts or consent of the other. To each spouse
by chance. shall belong all the earnings fr. His or
*upon dissolution, the net gains or profession, business or industry &
benefits obtained by either or both all fruits, natural, industrial or civil,
spouses shall be divided equally due or received during the marriage
between them. fr. His or her separate property.
*exclusive prop. Include prop. *both spouses shall bear the family
brought to marriage as his own, expenses in proportion to their
acquired during the marriage by income.
gratuitous title, acquired by right *liability of the spouses to creditors
of redemption,barter,etc., & that for family expenses shall be solidary.
which is purchased w/ exclusive
money of the spouse. Unions w/o Marriage
*liable for support of the spouse, *Capacity to marry by man & woman
children, debts & obligations to the -their wages & salary shall be owned
extent family benefited,taxes,liens, by them in equal shares & property ac-
charges & expenses, etc. quired by both of them through their
*the adminstration & enjoyment of works & industry-co-ownership even
conjugal partnership prop. Shall if the contribution consist of the care
belong to both spouses jointly. & maintenance of family/household
*partnership twerminates upon *Not capacitated to be married
death of either spouse, decree of -only properties acquired by both of
legal separation, marriage is an- them through their actual joint contri-
nulled or declared void & in case of bution of money, property, or industry
judicial separation of properties. shall be owned by them in common.
*upon dissolution, inventory & lis- -if one of the parties is validly married
ting separately conjugal prop. & to another, his/her share in the co-ow-
exclusive prop of spouses. nership shall accrue to the conjugal or
-payment of debts & obligations absolute community of property.
fr. Conjugal assets; if insufficient,
spouses shall be solidarily liable fr. Use of Surname:
*filiation of children may be by
nature or by adoption. Natural adption
may be legitimate or illegitimate
*children conceived or born during
the marriage of the parents are
legitimate while children born outside
a valid marriage are illegitimate.
How may legitimacy be impugned:
1.Physical impossibility of the hus-
band to have sexual intercourse w/
his wife w/in the first 120 days of the
300 days w/c immediately preceded
the birth of the child due to:
a.physical incapacity of the husband
to have sexual intercourse w/ his wife;
b.husband & wife living separately;
c.serious illness of the husband w/c
abs. prevented sexual intercourse
2.For biological or scientific reason,
it was proven that the child could not
have been that of the husband.
3.Written authorization for children
conceived thru artificial insemination
was obtained thru fraud,violence,
intimidation or undue influence.
*a child born before 180 days after a
subsequent marriage but w/in 300 days
after termination of the former marriage
is considered to have been conceived
during former marriage.
*a child born after 180 days after a
subsequent marriage but w/in 300 days
is considered to have been conceived
during such marriage.
Adoption
*juridical act w/c creates bet. 2 persons
a relationship similar to that w/c results
fr. Legitimate paternity & filiation.
*any Filipino citizen, of legal age, in
possession of full civil capacity & legal
rights, of good moral character, has not
Paternity & Filiation
*action to impugn the illegitimacy
of a child shall be brought w/in 1 yr.
fr. Knowledge of birth or recording
in the civil registry if husband/rel.
lives w/in city/mun. where birth took
place or was recorded; otherwise,
2 yrs. If they reside outside place
of birth, w/in the Phil. & 3 yrs. If
they reside abroad. If the birth was
concealed, period shall be counted
fr. Knowledge of birth or recording
or discovery.
*heirs of the husband may only
impugn if the husband die before
expiration of the period for bring-
ing action, husband should die af-
ter filing the complaint or the child
was born after the death of the
husband.
Proof of filiation:
1.Record of birth appearing in the
civil registrar or a final judgment;
2.Admission of legitimate filiation
in a public document or handwritten
instrument & signed by the parent
concerned. In the absence thereof,
open & continuous possession of
the status of a legitimate child or
any other means allowed by Rules.
*the action to claim legitimacy may
be brought by the child during his
or her lifetime & shall be transmitted
to the heirs if child dies or in a state
of insanity. Heirs have 5 yrs. To
institute action. Action commenced
by the child shall survive notwith-
standing death of either or both
parties.
*consnent of the adoptee if 10
yrs or over, biological parents,
legitimate/illegitimate sons/
dughters w/ ages 10 yrs or over
& spouse of the adopter.
*no petition for adoption shall be
Legitimate Children:
1. Right to bear the surname
of the father and the mother.
2.Receive support fr. Their
parents, their ascendants,
their brothers & sisteers;
3.Entitled to the legitimate &
other successional rights.
Illegitimate Children:
1.May establish their illegitimate
filiation in the same way & on the
same evidence as legitimate
children. Action must be brought
w/in the same period as legitimate
but where there is absence of
record of birth or admission,
action may be brought during the
lifetime of the alleged parent.
2.Shall use the surname & shall be
under the parental authority of the
mother & shall be entitled to sup-
port.
3.Legitime shall consist of one-
half of the legitime of a legitimate
child.
Legitimated Children:
*children conceived & born out-
side of wedlock of parents who,
at the time of conception of the
former, were not disqualified by
any impediment to marry each
other.
*legitimation shall take place by
a subsequent valid marriage bet.
parents. Annulment of a voidable
marriage not affect legitimation.
*Legitimated children shall enjoy
the same rights as legitimate
children & shall retroact to the
time of child's birth
*Legitimation may be impugned
only by those who are prejudiced
in their rights w/in 5 years fr. Time
cause of action accrues.
*Adoptee shall be considered
prostitution. 3.There is connivance bet. Parties liquidate the prop. W/in 1 yr. Fr. separate prop. *Legitimate & legitimated children been convicted of crime involving moral heard if no case study have been legitimate son/daughter of adop-
4.Imprisonment of more than 6yrs. in the commission of the offense; death. -net remainder of conjugal prop. shall use the surname of the father. turpitude, emotionally & psychologically conducted nor may a petition for ter & shall have reciprocal rights
5.Drug addiction/habitual alcoholism. 4.Where both parties have given shall constitute the profits w/c shall *Adopted child shall use the surname capable of caring for children, at least adoption be finally granted until of succession w/o distinction fr.
6.Lesbianism/homosexuality ground for legal separation; be divided equally bet. Them. of the adopter. 16 yrs. Older than the adoptee & who is the adopter has been given by the legitimate filiation.
7.Subsequent bigamous marriage 5.There is collusion bet. Parties to *Illegitimate children shall use the in a position to support & care for his/ court a supervised trial custody
8.Sexual infidelity/perversion. obtain legal separation; The Family surname of the mother. her children in keeping w/ the means of period of at least 6 months.Decree Absence
9.Attempt against life of petitioner. 5.Action is barred by prescription. *being the foundation of the nation, is a basic social *A married woman may use her first the family. 16 yr. Difference may be of adoption shall be effective as of -whereabouts & fate are unknown.
10.Abandonment for more than 1yr. institution w/c public policy cherishes & protects. name & surname & add her husband's waived if adopter is biological parent of the date the original petition was -requisites include absentee disap-
*family home is constituted on a house & lot fr. Time it surname; her maiden first name & her adoptee or spouse of adoptee's parents heard & an amended cert. Of birth peared fr. Domicile, whereabouts
Who are citizens of the Philippines: is occupied as a family residence. & shall be exempt fr. husband's surname or her husband's Any alien may also adopt provided he/ shall be issued while original shall are unknown, absent w/o any news
1. Those who are citizens of the Phil. At the time of the adoption of the execution, forced sale or attachment except for non- full name but prefixing a word indica- she possess the above qualification, be cancelled. for 2 yrs. Or 5 yrs. If somebody
constitution. payment of taxes, debts incurred prior to the constitu- ting she is his wife such as "Mrs." Phil. Has diplomatic relation w/ his coun- *Gounds for recission include the was left to administer his property.
2. Those whose fathers or mothers are citizens of the Philippines; tion of the family home, debts secured by mortgages & *A petition for change of name is valid try, 3 yr. continuous residence in the Phil ff: repeated physical abuse,attempt -person is presumed dead after an
3. Those born before Jan. 17, 1973 of Filipino mothers who elect Phil. debts due to laborers, architects & others who have when name is ridiculous, etc. or change prior to adoption,etc. on life of adoptee,sexual assault or absence of 7 yrs but for purposes
citizenship upon reaching the age of majority. rendered service or furnished material for the construc- is a consequence o change os status abandonment & failure to comply of opening succession - 10 yrs.
4. Those who are naturalized in accordance with law. tion of the building. or when necessary to change confusion w/parental obligations. unless 75 yrs. Old - 5 yrs.
Civil Personality
*Juridical Capacity is the fitness to be MARRIAGE
the subject of legal relation, is inherent Formal Reqt. Essential Reqt. Marriage Exempt fr. License:
in every natural person & is lost only 1.Authority of 1. Legal cap. Of 1.Marriage in articulo mortis.
through death. solemnizing contracting par- 2.Marriages in remote places.
*Capacity to act is the power to do officer ties who must be 3.Marriages bet. Muslims or among
acts w/ legal effect, is acquired & may 2.Valid marriage male & female; members of ethnic communities.
be lost & is restricted by minority, license 2. Consent freely 4.Legal ratification of marital
insanity, state of being deaf-mute, 3. Marriage cere- given in presence cohabitation.
prodigality & civil interdiction. mony w/ appea- of solemnizing 5.Marriages solemnized outside the
*Birth det. Personality but a conceived rance of contrac- officer. Phil. Where license is not required.
child shall be considered born for all ting parties be-
purposes favorable to it. fore solemnizing
*Fetus is considered born if it is alive officer & presence
at the time it is completely delivered fr. of not less than
mother's womb; w/ intra-uterine life of 2 witnesses.
less than 7 mos. Not born if it dies w/in
24 hrs. after complete delivery
*Death extinguishes civil personality & Who are citizens of the Philippines:
effect of death upon rights & oblig. 1. Those who are citizens of the Phil. At the time of the adoption of
is determined by law, contract & will. the constitution.
*No transmission of rights where there 2. Those whose fathers or mothers are citizens of the Philippines;
is absence of proof of who died first. 3. Those born before Jan. 17, 1973 of Filipino mothers who elect
Juridical Persons: Philippine citizenship upon reaching the age of majority.
1.State & its political subdivision. 4. Those who are naturalized in accordance with law.
2.Other corp.,institution & entities
for public interest created by law.
3.Corp.,partnership & asso. for pvt. purposes w/c law grants juridical
personality, separate & distinct fr. shareholder, partner & member.

Void marriages Voidable marriages: Donations by reason of marriage:

1.Below 18 yrs. Of age even w/ consent 1.One or both parties were bet. *made before its celebration
2.Solemnized by person w/o authority the ages of 18 or over but below *may be revoke by donor:
3.Solemnized w/o license. 21 & marriage was solemnized w/o -marriage is not celebrated
4.Bigamous or polygamous marriages consent of parents/guardians,etc. -marriage w/o consent of parents
5.Mistake in identity 2.Either party is of unsound mind. -marriage is annulled;donee in bad faith
6.Subseqwuent marriages void 3.Consent was obtained thru fraud. -legal separation;donee guilty spouse
under Art. 53. 4.Consnet was obtained thru -it is w/ resolutory condition & was
7.Psychological incapacity force,intimidation,undue influence. complied.
8.Incestuous marriages 5.Physical incapability to consume -donee committed act of ingratitude
9.Void by reason of public policy. marriage. *only moderate gifts may be given during
6.Party is afflicted with STD at the marriage on occasion of family rejoicing
Legal time of marriage.
Separation
1.Repeated physical violence. Denial of Petition
2.Violence to change religion/ 1.Aggrieved party has condoned
political affiliation. the offense;
3.Induce petitioner to engage in 2.Aggrieved party has consented
prostitution. to the commission of the offense;
4.Imprisonment of more than 6yrs. 3.There is connivance bet. Parties
5.Drug addiction/habitual alcoholism. in the commission of the offense;
6.Lesbianism/homosexuality 4.Where both parties have given
7.Subsequent bigamous marriage ground for legal separation;
8.Sexual infidelity/perversion. 5.There is collusion bet. Parties to
9.Attempt against life of petitioner. obtain legal separation;
10.Abandonment for more than 1yr. 5.Action is barred by prescription.
The Family
*being the foundation of the nation, is a basic social Husband & Wife
institution w/c public policy cherishes & protects. 1.Obliged to live together,observe mutual love,etc.
*family home is constituted on a house & lot fr. Time it 2.Both shall fix family domicile.
is occupied as a family residence. & shall be exempt fr. 3.Jointly responsible for support of family
execution, forced sale or attachment except for non- 4.Mgt. Of household - right & duty of both spouses.
payment of taxes, debts incurred prior to the constitu- 5.Either spouse may exercise legitimate profession &
tion of the family home, debts secured by mortgages & may only be objected on serious & moral ground.
debts due to laborers, architects & others who have
rendered service or furnished material for the construc-
tion of the building.
Property Relations

Absolute Community Conjugal Partnership Complete Separation

*shall govern in absence of marriage
settlement & shall commence when
marriage is celebrated.
*shall consist of all property owned
by spouses at time of celebration
or acquired thereafter. Exclude
prop. Acquired by gratuitous title,
personal & exclusive use & prop.
acquired by either spouse from
prior marriage.
*shall be liable for support of the
spouses & their children, debts &
obligation, taxes, expenses, etc.
*administration & enjoyment shall
belong to both spouses jointly.
*either spouse may dispose by
will his or her interest but neither
may donate any community prop.
w/o the consent of the other.
*the community terminates upon
death of either spouse,decree of
legal separation,marriage is annulled
or declared void or in case of judi-
cial separation of property.
*upon dissolution, an inventory shall
be prepared, debs & obligations of
the community shall be paid out of
its assets.
-if insufficient, solidary liability of
spouses w/ their separate prop.
-conjugal dwelling & lot shall be
adjudicated to the spouse w/ whom
majority of the children choose to
remain.
-if death, surviving spouse shall
liquidate the prop. W/in 1 yr. Fr.
death.
*husband & wife place in common
fund the proceeds, fruits & income
fr. Their separate properties and
those acquired by either or both
spouses through their efforts or
by chance.
*upon dissolution, the net gains or
benefits obtained by either or both
spouses shall be divided equally
between them.
*exclusive prop. Include prop.
brought to marriage as his own,
acquired during the marriage by
gratuitous title, acquired by right
of redemption,barter,etc., & that
which is purchased w/ exclusive
money of the spouse.
*liable for support of the spouse,
children, debts & obligations to the
extent family benefited,taxes,liens,
charges & expenses, etc.
*the adminstration & enjoyment of
conjugal partnership prop. Shall
belong to both spouses jointly.
*partnership twerminates upon
death of either spouse, decree of
legal separation, marriage is an-
nulled or declared void & in case of
judicial separation of properties.
*upon dissolution, inventory & lis-
ting separately conjugal prop. &
exclusive prop of spouses.
-payment of debts & obligations
fr. Conjugal assets; if insufficient,
spouses shall be solidarily liable fr.
separate prop.
-net remainder of conjugal prop.
shall constitute the profits w/c shall
be divided equally bet. Them.
*stipulated in the marriage settlement.
*each spouse shall own, dispose of,
possess, administer & enjoy his or
her own separate estate, w/o need of
consent of the other. To each spouse
shall belong all the earnings fr. His or
profession, business or industry &
all fruits, natural, industrial or civil,
due or received during the marriage
fr. His or her separate property.
*both spouses shall bear the family
expenses in proportion to their
income.
*liability of the spouses to creditors
for family expenses shall be solidary.
Unions w/o Marriage
*Capacity to marry by man & woman
-their wages & salary shall be owned
by them in equal shares & property ac-
quired by both of them through their
works & industry-co-ownership even
if the contribution consist of the care
& maintenance of family/household
*Not capacitated to be married
-only properties acquired by both of
them through their actual joint contri-
bution of money, property, or industry
shall be owned by them in common.
-if one of the parties is validly married
to another, his/her share in the co-ow-
nership shall accrue to the conjugal or
absolute community of property.

Use of Surname:
*Legitimate & legitimated children
shall use the surname of the father.
*Adopted child shall use the surname
of the adopter.
*Illegitimate children shall use the
surname of the mother.
*A married woman may use her first
name & surname & add her husband's
surname; her maiden first name & her
husband's surname or her husband's
full name but prefixing a word indica-
ting she is his wife such as "Mrs."
*A petition for change of name is valid
when name is ridiculous, etc. or
change is a consequence of change
of status or when necessary to
change confusion.

*filiation of children may be by
nature or by adoption. Natural adption
may be legitimate or illegitimate
*children conceived or born during
the marriage of the parents are
legitimate while children born outside
a valid marriage are illegitimate.
How may legitimacy be impugned:
1.Physical impossibility of the hus-
band to have sexual intercourse w/
his wife w/in the first 120 days of the
300 days w/c immediately preceded
the birth of the child due to:
a.physical incapacity of the husband
to have sexual intercourse w/ his wife;
b.husband & wife living separately;
c.serious illness of the husband w/c
abs. prevented sexual intercourse
2.For biological or scientific reason,
it was proven that the child could not
have been that of the husband.
3.Written authorization for children
conceived thru artificial insemination
was obtained thru fraud,violence,
intimidation or undue influence.
*a child born before 180 days after a
subsequent marriage but w/in 300 days
after termination of the former marriage
is considered to have been conceived
during former marriage.
*a child born after 180 days after a
subsequent marriage but w/in 300 days
is considered to have been conceived
during such marriage.
Adoption
*juridical act w/c creates bet. 2 persons
a relationship similar to that w/c results
fr. Legitimate paternity & filiation.
*any Filipino citizen, of legal age, in
possession of full civil capacity & legal
rights, of good moral character, has not
been convicted of crime involving moral
turpitude, emotionally & psychologically
capable of caring for children, at least
16 yrs. Older than the adoptee & who is
in a position to support & care for his/
her children in keeping w/ the means of
the family. 16 yr. Difference may be
waived if adopter is biological parent of
adoptee or spouse of adoptee's parents
Any alien may also adopt provided he/
she possess the above qualification,
Phil. Has diplomatic relation w/ his coun-
try, 3 yr. continuous residence in the Phil
prior to adoption,etc.
*Adoptee shall be considered legitimate
son/daughter of adopter & shall have
reciprocal rights of succession w/o
Paternity & Filiation
*action to impugn the illegitimacy
of a child shall be brought w/in 1 yr.
fr. Knowledge of birth or recording
in the civil registry if husband/rel.
lives w/in city/mun. where birth took
place or was recorded; otherwise,
2 yrs. If they reside outside place
of birth, w/in the Phil. & 3 yrs. If
they reside abroad. If the birth was
concealed, period shall be counted
fr. Knowledge of birth or recording
or discovery.
*heirs of the husband may only
impugn if the husband die before
expiration of the period for bring-
ing action, husband should die af-
ter filing the complaint or the child
was born after the death of the
husband.
Proof of filiation:
1.Record of birth appearing in the
civil registrar or a final judgment;
2.Admission of legitimate filiation
in a public document or handwritten
instrument & signed by the parent
concerned. In the absence thereof,
open & continuous possession of
the status of a legitimate child or
any other means allowed by Rules.
*the action to claim legitimacy may
be brought by the child during his
or her lifetime & shall be transmitted
to the heirs if child dies or in a state
of insanity. Heirs have 5 yrs. To
institute action. Action commenced
by the child shall survive notwith-
standing death of either or both
parties.
*consent of the adoptee if 10
yrs or over, biological parents,
legitimate/illegitimate sons/
dughters w/ ages 10 yrs or over
& spouse of the adopter.
*no petition for adoption shall be
heard if no case study have been
conducted nor may a petition for
adoption be finally granted until
the adopter has been given by the
court a supervised trial custody
period of at least 6 months.Decree
of adoption shall be effective as of
the date the original petition was
heard & an amended cert. Of birth
shall be issued while original shall
be cancelled.
*Gounds for recission include the
ff: repeated physical abuse,attempt
on life of adoptee,sexual assault or
abandonment & failure to comply
w/parental obligations.
Legitimate Children:
1. Right to bear the surname
of the father and the mother.
2.Receive support fr. Their
parents, their ascendants,
their brothers & sisteers;
3.Entitled to the legitimate &
other successional rights.
Illegitimate Children:
1.May establish their illegitimate
filiation in the same way & on the
same evidence as legitimate
children. Action must be brought
w/in the same period as legitimate
but where there is absence of
record of birth or admission,
action may be brought during the
lifetime of the alleged parent.
2.Shall use the surname & shall be
under the parental authority of the
mother & shall be entitled to sup-
port.
3.Legitime shall consist of one-
half of the legitime of a legitimate
child.
Legitimated Children:
*children conceived & born out-
side of wedlock of parents who,
at the time of conception of the
former, were not disqualified by
any impediment to marry each
other.
*legitimation shall take place by
a subsequent valid marriage bet.
parents. Annulment of a voidable
marriage not affect legitimation.
*Legitimated children shall enjoy
the same rights as legitimate
children & shall retroact to the
time of child's birth
*Legitimation may be impugned
only by those who are prejudiced
in their rights w/in 5 years fr. Time
cause of action accrues.
Absence
-whereabouts & fate are unknown.
-requisites include absentee disap-
peared fr. Domicile, whereabouts
are unknown, absent w/o any news
for 2 yrs. Or 5 yrs. If somebody
was left to administer his property.
-person is presumed dead after an
absence of 7 yrs but for purposes
of opening succession - 10 yrs.
unless 75 yrs. Old - 5 yrs.
distinction fr. Legitimate filiation.