Professional Documents
Culture Documents
Reviewer On Persons (Civil Law)
Reviewer On Persons (Civil Law)
Civil Law
SUMMER REVIEWER
• Custom, even if proven, cannot prevail over a If the foreign law refers it to a third country, the
statutory rule or even a legal rule enunciated by said country’s law shall govern (transmission
Supreme Court theory)
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laws, judgments promulgated or conventions agreed 4. Plaintiff has no other action based on
upon in foreign country. contract, quasi-contract, crime, or quasi-
Exception: Art. 26 (2) of Family Code delict
Distinguished from solutio indebiti: Mistake is an
PRINCIPLE OF ABUSE OF RIGHTS (Art. 19) essential element in solutio indebiti but not in
When the right is exercised for the purpose of accion in rem verso.
prejudicing or injuring another
REQUISITES: PROTECTION OF HUMAN DIGNITY (Art. 26)
1. There is a legal right or duty; Every person shall respect the dignity, personality,
2. Which is exercised in bad faith; privacy and peace of mind of his neighbors and
3. For the sole intent of prejudicing or injuring other persons.
another Acts which, though not criminal, produce
cause of action for damages, prevention, and
DOCTRINE OF VOLENTI NON FIT INJURIA (to other relief:
which person assents is not esteemed in law as 1. Prying into the privacy of another’s
injury) residence;
Pertains to self-inflicted injuries or to the consent to 2. Meddling with or disturbing the private
injury which precludes the recovery of damages by life or family relations of another;
one who has knowingly and voluntarily exposed 3. Intriguing to cause another to be
himself to danger, even if he is not negligent in doing alienated from friends;
so 4. Vexing or humiliating another on
account of his religious beliefs, lowly
ACTS CONTRA BONUS MORES (Art. 21) station in life, place of birth, physical
presupposes loss or injury, material or otherwise, defect, or other personal condition
which one may differ as a result of such violation
ELEMENTS: RELIEF AGAINST PUBLIC OFFICIALS (Art. 27)
1. There is an act which is legal; A public officer who commits a tort or other
2. But which is contrary to morals, good wrongful act, done in excess or beyond the scope
customs, public order, or public policy; of his duty, is not protected by his office and is
3. And it is done with intent to injure personally liable therefore like any private
individuals
• Under Arts. 19 & 21 the act must be done
intentionally. However, Art. 20 does not CIVIL ACTIONS
distinguish, the act may be done either willfully or • When accused is acquitted in a criminal case
negligently, as long as the act is be contrary to because his guilt was not proved beyond
law. reasonable doubt: plaintiff may still file a civil
• While a breach of promise to marry is not action for damages for the same act or
actionable, it has been held that to formally set a omission.
wedding and go through and spend for all the • Independent civil actions: Articles 31 to 34,
wedding preparations and publicity, only to walk 2176
out of it when the matrimony was about to be - Art. 31: based on an obligation NOT arising
solemnized is a different matter. Such act is from felony
palpably and unjustifiably contrary to good - Art. 32: violation of civil liberties
customs for which the defendant must be held - Art. 33: defamation, fraud, and physical
answerable for damages in accordance with Art. injuries
QuickTime™ and a
21 of the NCC. TIFFare(Uncompressed) decompressor - Art. 34: police refuses/fails to render aid or
needed to see this picture.
protection to any person in case of danger to
ACCION IN REM VERSO (Art. 22) life or property
Action for recovery of what has been paid without just
- Art. 2176: quasi-delict
cause • Art. 36: Prejudicial Questions
General Rule : if both criminal and civil cases
REQUISITES:
are filed in court, the criminal case takes
1. Defendant has been enriched
precedence.
2. Plaintiff suffered a loss
Exception : When there is a prejudicial
3. Enrichment of defendant is without just or
question or a question that arises in a case,
legal ground
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the marriage but will make the party any time within the 5 years and
responsible civilly, criminally, or continuity that is unbroken
administratively liable - Requisites:
1. Man and woman must have been
AUTHORIZED SOLEMNIZING OFFICERS: living together as husband and
JPCCCM wife for at least five years before
1. Incumbent member of the judiciary within the marriage
court’s jurisdiction 2. The parties must have no legal
2. Duly authorized priest, rabbi, imam or the impediment to marry each other
minister of any church or religious sect 3. The fact of absence of legal
3. Ship captain or airplane chief impediment between the parties
• Can solemnize marriages only in articulo must be present at the time of
mortis between passengers or crew marriage
members while the ship is at sea or the 4. The parties must execute an
plane is in flight and also during stopover affidavit stating that they have
at ports of call lived together for at least five
4. Military commander of a unit to which a years [and are without legal
captain is assigned impediment to marry each other]
• Can solemnize marriage only if it is in 5. The solemnizing officer must
articulo mortis between persons within execute a sworn statement that
the zone of military operations whether he had ascertained the
members of the armed forces or civilians qualifications of the parties and
and only in the absence of the chaplain that he had found no legal
5. Consul-general, consul or vice-consul impediment to their marriage
• Can solemnize marriage between
Filipinos abroad AUTHORIZED VENUES FOR MARRIAGE
6. Mayor (Local Government Code of 1991) General Rule: Must be solemnized publicly,
and not elsewhere, in the:
1. Chambers of the judge or in open court
CHAPTER 3: MARRIAGE EXEMPT FROM 2. Church, chapel or temple
LICENSE REQUIREMENTS: 3. Office of consul-general, consul or vice-
consul
1. Marriage in articulo mortis Exceptions:
2. If the residence of either party is so located 1. Marriage at the point of death (articulo
that there is no means of transportation to mortis)
enable such party to appear personally 2. Marriage in remote places
before the civil registrar 3. Marriage at a house or place designated
3. Marriage solemnized outside the Philippines by the parties in a sworn statement upon
where no marriage license is required by the their written request to the solemnizing
country where it was solemnized officer
4. Marriage among Muslims or among
members of ethnic cultural communities in
accordance with their customs OTHER REQUIREMENTS:
5. Marriage between persons who have lived Either or Both Parties Requires
together as husband and wife for at least five
18 years old and above Parental consent
years and withoutQuickTime™
any legal and a impediment to
but below 21 Marriage counseling
marry eachTIFF (Uncompressed) decompressor
other.
are needed to see this picture.
- The 5-year period is to be computed on 21 years old and above Parental advice
the basis of cohabitation as husband and but below 25 Marriage counseling
wife where the only missing factor is the
marriage contract to validate the union. EFFECTS:
This 5-year period should be the years Lack of parental Marriage is VOIDABLE
immediately before the day of the consent
marriage and it should be a period of Lack of parental Of NO EFFECT on the
cohabitation characterized by exclusivity advice or validity of marriage
–meaning no third party was involved at lack of marriage However, this will suspend
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despite respondent’s failure to comply with the A finding of psychological incapacity on the part
guidelines laid down in the Molina case. of one spouse negates any award of moral and
exemplary damages against him/her. Award of
ISSUE: moral damages should be predicated, not on the
Whether psychological incapacity is a ground for mere act of entering into the marriage, but on
nullity in mixed-marriage? specific evidence that is was done deliberately
and with malice by a party who had known of his
HELD: or her disability and yet willfully concealed the
Molina doctrine does not require personal medical same.
examination of the person who is psychologically
incapacitated to marry. However, evidence of PSYCHOLOGICAL INCAPACITY has no exact
medical and clinical finding of any illness definition but is restricted to psychological
constituting psychological incapacity will greatly incapacity to comply with the essential marital
help. This can be done by an expert witness obligations of marriage.
Mere abandonment is not constitutive of It involves a senseless, protracted, and constant
psychological incapacity. There must be proof of a refusal to comply with the essential marital
natal or supervening disabling factor in the person, obligations by one or both of the spouses
an adverse integral element in the personality although he, she, or they are physically capable
structure that effectively incapacitates a person of performing such obligations (Chi Ming Tsoi
from accepting and complying with the obligations v. CA 266 SCRA 234 [1997])
essential to marriage. “In proving psychological
incapacity, we find no distinction between an alien ELEMENTS:
spouse and a Filipino spouse. We cannot be 1. Mental disposition
lenient in the application of the rules merely 2. Applies to a person who is martially-
because the spouse alleged to be psychologically contracted to another
incapacitated happens to be a foreign national. The 3. Marriage entered into with volition
medical and clinical rules to determine 4. Failure to perform or comply with the
psychological incapacity were formulated on the essential obligations in marriage
basis of studies of human behavior in general. 5. Failure to perform is chronic
Hence, the norms used for determining 6. Cause is psychological in nature
psychological incapacity should apply to any 7. Cause is serious, with juridical
person regardless of nationality.”. antecedence and must be incurable
8. Incapacity results in the failure of the
DEDEL v. COURT OF APPEALS 421 SCRA 461 marriage
(2004)
Mere sexual infidelity or perversion and • JURISPRUDENTIAL GUIDELINES:
abandonment do not by themselves constitute BREIGOIC
psychological incapacity within the contemplation of (Republic v. CA & Molina 268 SCRA 198
the Family Code. Neither could emotional [1997])
immaturity and irresponsibility be equated with 1. Burden of proof to show the nullity of
psychological incapacity. It must be shown that marriage belongs to plaintiff
these acts are manifestations of a disordered 2. The root cause of the psychological
personality with make respondent completely incapacity must be:
unable to discharge the essential obligations of a a. Medically or clinically identified
marital state, not merely to her youth, immaturity or b. Alleged in the complaint
sexual promiscuity. Root causeandmust
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be traceable c. Sufficiently proven by experts
prior to the marriage ceremony.
are needed to see this picture. d. Clearly explained in the decision
3. The incapacity must be proven to be
Buenaventura v. CA GR No. 127358, March 31, existing at the time of the celebration of
2005 the marriage.
It is contradictory to characterize acts as a product 4. Such incapacity must be shown to be
of psychological incapacity, hence beyond the medically or clinically permanent or
control of the party because of an innate inability, incurable
while at the same time considering the same set of 5. Such illness must be grave enough to
acts as willful. bring about the disability of the party to
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be executed until the Court makes the final The STD does not The STD must be
pronouncement. have to be concealed concealed
CHAPTER 5: ANNULLABLE MARRIAGES The STD must be The STD does not
serious and incurable have to be serious and
GROUNDS FOR ANNULMENT (Art. 45): PUFFIS appears incurable
1. Lack of parental consent It is the concealment, The STD itself is the
2. Either party is of unsound mind and not the STD, which ground for annulment
3. Fraudulent means of obtaining consent of gives rise to the
either party annulment
• Circumstances constituting fraud: (Art. 46)
a. Non-disclosure of conviction by final SEE:
judgment of crime involving moral Annex A – Effects of Termination of Marriage
turpitude Annex B – Effects of Voidable Marriages,
b. Concealment of pregnancy by Bigamous Marriages, Declarations of Nullity,
another man and Annulments
c. Concealment of sexually Annex C – Distinctions between Void and
transmissible disease, regardless of Voidable Marriages
nature, existing at the time of
marriage A.M. NO. 02-11-10-SC
d. Concealment of drug addiction, PROPOSED RULE ON DECLARATION OF
habitual alcoholism, homosexuality ABSOLUTE NULLITY OF VOID MARRIAGES
and lesbianism AND ANNULMENT OF VOIDABLE MARRIAGES
4. Force, intimidation or undue influence SCOPE:
5. Physical incapability of either party to • Petitions for declaration of absolute nullity
consummate the marriage with the other, and of void marriages and annulment of
such incapacity continues and appears to be voidable marriages under the Family
incurable Code
• Requisites of Annulment due to • The Rules of Court shall apply suppletorily
Impotence:
a. Impotence exists at the time of the PETITION FOR DECLARATION OF ABSOLUTE
celebration of marriage NULLITY:
b. Permanent Who may file: solely the husband or wife
c. Incurable What to allege: complete facts showing either
d. Unknown to the other spouse one is incapacitated from complying with marital
e. The other spouse must not also be obligations at the time of the celebration of the
impotent marriage including physical manifestations, if any
- Doctrine of Trennial Cohabitation: • Actions or defenses shall NOT prescribe
Presumption that the husband is
impotent should the wife still remain PETITION FOR ANNULMENT OF VOIDABLE
a virgin after 3 years of living MARRIAGES:
together with her husband. Who may file:
6. Affliction of sexually transmissible disease 1. contracting party whose parent, or guardian, or
found to be serious and which appears person exercising substitute parental authority
incurable did not give his/her consent, w/in 5 years after
• Elements: QuickTime™ and a attaining the age of 21 unless after attaining
TIFF (Uncompressed) decompressor
a. Existingareat thetotime
needed see this of marriage
picture. the age of 21, such party freely cohabited with
b. Sexually transmissible disease the other as husband and wife; or the parent,
c. Serious guardian or person having legal charge of the
d. Appears incurable contracting party at any time before such party
has reached the age of 21
ARTICLE 45 ARTICLE 46 2. the sane spouse who had no knowledge of the
The STD is a ground The STD is a type of other’s sanity; or by any relative, guardian, or
for annulment fraud which in turn is a person having legal charge of the insane, at
ground for annulment any time before the death of either party; or by
the insane spouse during a lucid interval after
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regaining sanity, provided that the petitioner, after • Failure to comply with any of the
coming to reason, has not freely cohabited with abovementioned requirements may
the other husband and wife; be a ground for immediate dismissal
3. the injured party whose consent was obtained by of the petition.
fraud, w/in 5 years after the discovery of the fraud,
provided that said party, with full knowledge of the C. Service of Summons
fact constituting the fraud, has not freely cohabited • Governed by the Rule 14 of the Rules
with the other husband and wife; of Court and the following:
4. the injured party whose consent was obtained by 1. Respondent cannot be located at
force, intimidation, or undue influence, w/in 5 his given address or his
years from the time the force, intimidation, or whereabouts are unknown and
undue influence disappeared or ceased, provided cannot be ascertained by diligent
that the force, intimidation, or undue influence inquiry:
having disappeared or ceased, said party has not (a) Service of summons by
thereafter freely cohabited with the other husband publication once a week for 2
and wife; consecutive weeks in a
5. the injured party where the other spouse is newspaper of general circulation
physically incapacitated of consummating the in the Philippines and in such
marriage with the other and such incapacity places as the court may order
continues and appears to be incurable, w/in 5 (b) Served at respondent’s last
years after the celebration of marriage; and known address by registered mail
6. the injured party where the other party was or any other means the court may
afflicted with a sexually transmissible disease deem sufficient
found to be serious and appears to be incurable, 2. Summons to be published shall
w/in 5 years after the celebration of the marriage. be contained in a court order with
the following data:
A. Venue: Family Court of the province or city where (a) title of the case
the petitioner or the respondent has been residing for (b) docket number
at least 6 months prior to the date of filing (or non- (c) nature of the petition
resident respondent: where he may be found in the (d) principal grounds of the petition
Philippines) AT THE ELECTION OF THE and the reliefs prayed for
PETITIONER. (e) a directive for the respondent to
answer w/in 30 days from the last
B. Petition shall allege: issue of the publication
1. complete facts constituting the cause of action;
2. state the names and ages of the common children D. Motion to Dismiss: not allowed, except for
of the parties and specify the regime governing lack of jurisdiction over the subject matter or over
their property relations, and the properties the parties (however, any ground that might
involved; warrant a dismissal may be raised as an
3. verified and accompanied by a certification against affirmative defense in an answer)
forum shopping, which must be signed personally
by the petitioner E. Answer
• Petition may not be signed solely by • verified by the respondent himself filed w/in
counsel or through an attorney-in-fact 15 days from service of summons or from
• If petitioner is in a foreign country, the the last issue of publication in case of
verification and certificate
QuickTime™ and a against forum service of summons by publication
• failure to answer shall NOT make him in
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shopping areshall
needed tobe authenticated
see this picture. by the
duly authorized officer of the Philippine default
embassy or legation, consul general, • court will order the public prosecutor to
consul, vice-consul, or consular agent in investigate if there is collusion if no answer
said country is filed or when answer does not tender an
4. filed in 6 copies to be served to the office of the issue
Solicitor-General and the Office of the City or
Provincial Prosecutor, w/in 5 days from the date of
its filing and submit to the court proof of such
service w/in the same period
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J. Prohibited Compromise
F. Investigation Report of the Public Prosecutor (a) Civil status of persons
• to be made w/in 1 month after the receipt of (b) Validity of marriage or legal separation
the court order (c) Any ground for legal separation
• shall state whether the parties are in collusion (d) Future support
and the basis for such finding and serve (e) Jurisdiction of courts
copies thereof on the parties and their (f) Future legitimes
respective counsels, if any
(a) there is collusion – parties shall file their K. Decision
respective comments on the finding of • Copies will be served on the parties,
collusion w/in 10 days from receipt of a including the SolGen and public prosecutor
copy • Final after expiration of 15 days from notice
(b) no collusion – set the case for pre-trial to the parties
• public prosecutor is duty bound to appear at • Should be registered in the Civil Registry
the pre-trial where the marriage was celebrated and in
the Civil Registry of the place where the
G. Court may require a social worker to conduct a Family Court is located before decree shall
case study and submit the corresponding report at be issued
least 3 days before the pre-trial
L. Appeal
H. Pre-trial • Not allowed if no motion for
• MANDATORY reconsideration or new trial is made w/in
• Notice of pre-trial shall be served separately 15 days from notice of judgment
to the parties, their respective counsel and the
public prosecutor, containing: date of pre-trial M. Death
conference and order directing the parties to • Party dies before entry of judgment: court
file pre-trial brief in such manner that ensures shall order the case closed and
the receipt of the adverse party at least 3 days terminated w/o prejudice to the settlement
before the date of pre-trial of the estate in proper proceedings in the
• Parties should appear personally at the pre- regular courts
trial • Party dies after the entry of judgment:
• Notice of pre-trial shall still be sent to binding upon the parties and their
respondent even if he did not file an answer successors-in-interest in the settlement of
• Failure to file the pre-trial brief or to comply the estate in the regular courts.
with its required contents shall have the same
effect as failure to appear at the pre-trial N. Date of Effectivity: March 15, 2003
• Failure to appear at the pre-trial personally
w/o the valid cause: case will be dismissed CORPUS v. OCHOTERENA 435 SCRA 446
• If respondent filed his answer but fails to (2004)
appear at the pre-trial, the court shall proceed In a nullity-of-marriage case, the prior investigation
but the public prosecutor will be required to to determine for collusion is a condition sine qua
investigate the reason for non-appearance non for further proceedings in the event the
• Court may refer the issues to a mediator but defendant does not answer. This is true even if
should this fail or is not allowed, the court during the hearing the fiscal participated and
shall proceed with the pre-trial conference cross-examined the witnesses.
• ProceedingsTIFF shall QuickTime™ and a
be recorded
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• but the separation of property and any General Rule: Either spouse may exercise any
forfeiture of the share of the guilty spouse legitimate profession/business without the consent
already effected subsists, unless the spouses of the other
have agreed to revive their former regime of Exception: The other spouse may object on valid,
property relations or adopt a new regime. serious and moral grounds. In case of
e. In (b), (c), and (d), if choose to adopt different disagreement, the court shall decide whether
property regime, the spouses shall comply with a. The objection is proper AND
Sec. 24 of the Rule b. Benefit has accrued to the family
f. Decree of reconciliation: recorded in Civil before and after the objection.
Registries where marriage and decree of legal • If benefit accrued to the family before the
separation had been registered objection, the resulting obligation shall be
enforced against the separate property of the
Date of Effectivity: March 15, 2003 spouse who has not obtained consent
• If benefit accrued to the family after the
Ong Eng Kiam a.k.a. William Ong v. Lucita Ong objection has been made, the resulting
G.R. No. 153206, Oct. 23, 2006 obligation shall be enforced against the
FACTS: community property
Lucita Ong filed a complaint for legal separation
before the RTC, alleging that she suffered physical CHAPTER 8: PROPERTY RELATIONS
violence, threats, intimidation, and grossly abusive BETWEEN HUSBAND AND WIFE
conduct. The RTC and CA decreed the legal
separation. William claims that Lucita is guilty of WHAT GOVERNS PROPERTY RELATIONS
abandonment and should, therefore, be denied legal BETWEEN SPOUSES:
separation following Art. 56(1). 1. Marriage settlement – future spouses may
agree upon the regime of ACP, CPG,
ISSUE: complete separation of property. or any
Whether Lucita is guilty of abandonment and should other regime
be denied the decree of legal separation 2. Family Code – if there is no marriage
settlement or when the regime agreed
Held: upon therein is void, the system of ACP
The claim of William as regards Lucita’s shall govern
abandonment is without merit. The abandonment 3. Local customs
referred to by the Family Code is abandonment
without justifiable cause for more than one year. REQUISITES OF A VALID MARRIAGE
As it was established that Lucita left William due SETTLEMENT: WSB-TC-CR
to his abusive conduct, such does not constitute 1. In writing
abandonment contemplated by the said 2. Signed by the parties
provision. 3. Executed before the celebration of
marriage
4. To fix the terms and conditions of their
CHAPTER 7: RIGHTS AND OBLIGATIONS
property relations
BETWEEN HUSBAND AND WIFE
5. If a party executing the settlement needs
parental consent, the parent/guardian
OBLIGATIONS OF HUSBAND AND WIFE:
whose consent is needed must be made a
L2H2DS
party to the agreement
1. Live together
6. If the party executing the settlement is
2. Observe mutual QuickTime™ and a
love, respect
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are needed to see this picture. under civil interdiction or any other
3. Render mutual help and support
disability, the guardian appointed by the
4. Management of the household
court must be made a party to the
5. Fix the family domicile
settlement
6. Joint responsibility for the support of the
7. Registration (to bind 3rd persons)
family
NOT APPLICABLE:
1. When both are aliens, even if married in
PROFESSION
the Phils.
2. As to extrinsic validity of contracts
3. Contrary stipulation
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case one the parties is in validly married to adjudicated in an ordinary civil action such as in a
party is in good faith, the another: case for recovery of property.
bad faith share of the party - his/her share in
in bad faith shall be the co-owned
forfeited: properties will VILLANUEVA v. COURT OF APPEALS 427
1. In favor of their accrue to the SCRA 439 (2004)
common ACP/CPG of FACTS:
children his/her existing Several properties are the subject of dispute
2. In case of valid marriage between petitioner (illegitimate son) and the
default of or legitimate family of Nicolas, the decedent.
waiver by any or If the party who Petitioner is contending that the subject properties
all of the acted in bad faith is
are not part of the conjugal partnership of Nicolas
common not validly married
children or their to another, his/her
and his legal wife (Eusebia) but under the regime
descendants, share shall be of co-ownership between Nicolas and petitioner’s
each vacant forfeited in the mother.
share shall same manner as HELD:
belong to the that provided in Art For as long as it is proven that property was
respective 147 acquired during the marriage, the presumption of
surviving conjugality will attach regardless in whose
descendants The same rules on name the property is registered. The
3. In the absence forfeiture shall
presumption is not rebutted by the mere fact that
of such apply if both parties
descendants, are in bad faith
the certificate of title of the property or the tax
such share declaration is in the name of one of the spouses.
belongs to the A reading of Article 148 shows that there must be
innocent party proof of actual joint contribution by both the live-in
partners before the property becomes co-owned
JOAQUINO v. REYES 434 SCRA 260 (2004) by them in proportion to their contribution. The
FACTS: presumption of equality of contribution arises only
Respondent Reyes is the widow of Rodolfo Reyes. in the absence of proof of their proportionate
Reyes had illicit relations with petitioner Joaquino. A contributions, subject to the condition that actual
property in BF Homes Paranaque was executed in joint contribution is proven first. Simply put, proof
favor of Joaquino. Joaquino had no means to pay for of actual contribution by both parties is required;
this property. The funds used to purchase this otherwise there is no co-ownership and no
property were earnings of Reyes from his position as presumption of equal sharing.
corporate executive and from a loan secured from
Commonwealth Insurance Corporation. Joaquino and CHING vs. COURT APPEALS 423 SCRA 371
Reyes had 3 illegitimate children. (2004)
The presumption of conjugality arises as long as it
HELD: is shown that it is acquired during the marriage. It
Article 148 is the property regime that will apply in is not even necessary to prove that the properties
case where the partners have a legal impediment to were acquired with funds of the partnerships. In
marry each other. In this property regime, only the fact, even when the manner in which the
property acquired by them through their actual joint properties were acquired does not appear, the
contribution of money, property or industry shall be presumption will still apply. The presumption shall
owned by them in common and in proportion to their subsist in the absence of clear, satisfactory and
respective contributions. The registration of a convincing evidence to overcome the same.
property in the name of QuickTime™
the paramour and a
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who had no “Benefit to the family” must be direct and not just a
income whatsoever at the time of the donation by a
are needed to see this picture.
by-product or a spin-off of the loan itself. Where a
husband is tantamount to a donation which is void husband contracts obligations on behalf of the
under Article 87 of the Family Code. The paramour family business, the law presumes and rightly so
then holds the property under a constructive trust that such obligation will redound to the benefit of
under Article 1456 in favor of the conjugal the conjugal partnership.
partnership of the husband with the legitimate
spouse. Status of an illegitimate child who claimed to Rivera v. Heirs of Romualdo Villanueva G.R.
be an heir to a decedent’s estate could not be No. 141501 July 21, 2006
FACTS:
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From 1927 until her death in 1980, Pacita Gonzales ownership under Art. 144 of the Civil Code. Again,
cohabited with Romualdo Villanueva without the half should accrue to Pacita’s heirs and the other
benefit of marriage because the latter was married to half, to Romualdo.
Amanda Musngi who died in 1963. During the 53 Properties registered solely under Pacita’s name,
years of their cohabitation they acquired the several although acquired during their cohabitation,
properties contested in this case. accrue to the petitioners.
In July 1980, Pacita died without leaving a will. Properties acquired after Amanda’s death in 1963,
On August 1980, Romualdo and Angelina (said to be both those registered under their names and those
the illegitimate child of Pacita and Romualdo) registered in Pacita’s name, will be the only ones
executed a deed of extrajudicial partition with sale of governed by the rules on co-ownership pursuant
a number of properties of Pacita’s estate. Petitioners to Art. 144 of the Civil Code.
(Pacita’s half-brothers, etc.) filed a case for partition
of her estate and annulment of titles and damages. FRANCISCO VS. MASTER IRON 451 SCRA 494
In dismissing the complaint, the RTC made two FEBRUARY 16, 2005
findings: (1) Pacita was never married to Romualdo FACTS:
even after Amanda’s death, and (2) respondent Creditor levied on the property, which were
Angelina was Pacita’s illegitimate child by Romualdo alleged by wife to be solely owned by her, for the
and therefore her sole heir (to the exclusion of the debt of Mr. Francisco (husband). She later filed a
petitioners). CA affirmed. case for the annulment of their marriage on the
ground that Mr. Francisco was already married.
ISSUE:
Whether the real properties acquired during the HELD:
cohabitation of Pacita and Romualdo are equally For Article 148 of the Family Code to give rise to a
owned by them. co-ownership relation between parties, there must
be proof of actual joint contribution of money,
HELD: property or industry and only to the extent of their
NO. Pacita and Romualdo lived together without the proportionate share. Co-ownership may ensue in
benefit of marriage and therefore their property case of cohabitation where one party has pre-
relations were governed by Art. 144 of the Civil Code. existing valid marriage provided that the parties
However, the contending parties agreed that the prove their actual joint contribution of money,
relationship of Pacita and Romualdo was adulterous, property. Mrs. Francisco in this case failed to
at least until the death of Amanda in 1963. adduce preponderance of evidence that she
Because the cohabitation of Pacita and Romualdo contributed in the acquisition of the property and
from 1927 to 1963 was adulterous, their property hence is not a co-owner.
relations during those 36 years were not governed by
Art. 144 of the Civil Code which applies only if the HOMEOWNER SAVING & LOAN BANK VS.
couple living together is not in any way incapacitated MIGUELA DAILO, G.R. No. 153802, March 11,
from getting married. According to the doctrine laid 2005.
down by Juaniza v. Jose, no co-ownership exists Encumbrance or disposition of the community
between parties to an adulterous relationship. In property without the consent of the other spouse is
Agapay v. Palang, the Court expounded on this totally void. To say that it is void only as to the
doctrine by declaring that in such a relationship share of the spouse who did not give his consent
(adulterous), it is necessary for each of the and valid as to the share of the spouse who
partners to prove his or her actual contribution to contracted the encumbrance is erroneous.
the acquisition of property in order to be able to Benefit to the family must always be proven.
lay claim to any portionQuickTime™
of it. Presumptions
and a of co-
TIFF (Uncompressed) decompressor
ownership and equal contribution
are needed to see this do not apply.
picture.
CHAPTER 9: FAMILY
The only property acquired after Amanda’s death in
1963 and registered in the names of both Villanueva
FAMILY – basic social institution which public
and Gonzales was only one property. This is
policy cherishes and protects
governed by the rules on co-ownership pursuant to
Art. 144 of the Civil Code. Half of it should pertain to • Hence, no suit between members of the family
Pacita’s heirs and the other half, to Romualdo. The shall prosper unless compromise between
rest of the properties registered solely in Pacita’s parties has failed
name were also acquired after the death of Amanda
in 1963. These properties are governed by co- FAMILY RELATIONS INCLUDE:
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3. If the creditor proves that the actual value 1. born of marriages which are void ab initio
exceeds the maximum amount the court will such as bigamous and incestuous
order its sale in execution. marriages and void marriages by reason
4. If the family home is sold for more than the of public policy
value allowed, the proceeds shall be applied 2. born of voidable marriages born after the
as follows: decree of annulment
a. First, the obligations enumerated in
Art. 155 must be paid (listed above) ILLEGITIMATE CHILDREN
a. Then the judgment in favor of the Only children conceived AND born outside a
creditor will be paid, plus all the costs valid marriage (Art.164)
of execution
b. The excess, if any, shall be delivered WHO MAY IMPUGN THE LEGITIMACY OF A
CHILD:
CHAPTER 10: PATERNITY AND FILIATION 1. General Rule: Only the husband can
impugn the legitimacy of a child
CHILDREN BY ARTIFICIAL INSEMINATION ARE 2. Exceptions: The heirs of the husband may
CONSIDERED LEGITIMATE: impugn the child’s filiation in the following
1. The artificial insemination is made on the cases:
wife, not on another woman AND a. If the husband dies before the
2. The artificial insemination on the wife is done expiration of period for filing the
with the sperm of the husband, or of a donor, action
or both the husband and a donor AND b. If the husband dies after filing
3. The artificial insemination has been without desisting
authorized or ratified by both spouses on a c. If the child was born after the death
written instrument executed and signed by of the husband
them before the birth of the child, AND
4. The written instrument is recorded in civil Arnel Agustin v CA G.R. No. 162571, June 5,
registry together with the birth certificate of 2005
DNA Testing is a valid means of determining
LEGITIMATE CHILDREN paternity. It is not against the Constitutional right
Only children conceived OR born during a valid against self-incrimination nor against the right to
marriage (Art.164) privacy.
the child
EXCEPTIONS: Those children who are: Rosendo Herrera v Alba G.R. No. 148220 June
1. conceived as a result of artificial insemination 15, 2005)
2. born of a voidable marriage before decree of Trial Courts should require at least 99.9% as the
annulment minimum value of DNA Test Result on Probability
3. conceived or born before judgment of of Paternity prior to a paternity inclusion. This
annulment or absolute nullity under Art. 36 rebuttable presumption of paternity is subject to
(psychological incapacity) becomes final & the Vallejo Test
executory
4. conceived or born of a subsequent marriage People v. Vallejo G.R. No. 144656, May 9,
under Art. 53 (failure to record the judgment, 2002Æ doctrine reiterated in People v. Yatar
partition and distribution of properties, and G.R. No. 150224, May 19, 2004
delivery of children’s presumptive legitime) Vallejo Test: Factors to consider as to probative
QuickTime™ and a
5. of mothers TIFF
who may
(Uncompressed)have declared against
decompressor value of DNA evidence:
are needed to see this picture.
their legitimacy or was sentenced as an 1. how samples were collected
adulteress (Art.167) 2. how they were handled
6. legally adopted 3. possibility of contamination of samples
7. legitimated, conceived and born outside of 4. procedures followed in analyzing the samples
wedlock of parents without impediment at the 5. whether the proper standards and procedures
time of conception and who subsequently were followed in conducting the test
married 6. qualification of analyst who conducted the test
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Mendoza v. Court of Appeals G.R. No. 86302, Sep. ECETA vs. ECETA 428 SCRA 204 (2004)
24, 1991 The due recognition of an illegitimate child in a
Continuous does not mean that the concession of record of birth, a will, a statement before a court of
status shall continue forever but only that it shall not record, or in any authentic writing is, in itself, a
be of an intermittent character while it continues. The consummated act of acknowledgement of the
possession of such status means that the father has child, and no further court action is required. In
treated the child as his own, directly and not through fact, any authentic writing is treated not just a
others, spontaneously and without concealment ground for compulsory recognition; it is in itself a
though without publicity. There must be a showing of voluntary recognition that does not require a
permanent intention of QuickTime™
the supposed and a
TIFF (Uncompressed) decompressor
father to separate action for judicial approval.
consider the child as his own by continuous
are needed to see this picture. and clear
manifestation of paternal affection and care. Rivera v. Heirs of Romualdo Villanueva G.R.
No. 141501, July 21, 2006
Jison v. Court of Appeals G.R. No. 124853 Feb.
24, 1998 FACTS:
To prove open and continuous possession of the From 1927 until her death in 1980, Pacita
status of an illegitimate child, there must be evidence Gonzales cohabited with Romualdo Villanueva
of the manifestation of the permanent intention of the without the benefit of marriage because the latter
supposed father to consider the child as his, by was married to Amanda Musngi who died in 1963.
During the 53 years of their cohabitation they
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acquired the several properties contested in this biological daughter, nor even her adopted
case. daughter. Thus, she cannot inherit from Pacita.
In July 1980, Pacita died without leaving a will. Since she could not have validly participated in
On August 1980, Romualdo and Angelina (said to be Pacita’s estate, the extrajudicial partition which
the illegitimate child of Pacita and Romualdo) she executed with Romualdo was invalid.
executed a deed of extrajudicial partition with sale of
a number of properties of Pacita’s estate. Petitioners ACTION TO CLAIM LEGITIMACY:
(Pacita’s half-brothers, etc.) filed a case for partition 1. The child can bring the action during his
of her estate and annulment of titles and damages. lifetime
In dismissing the complaint, the RTC made two 2. If the child dies after reaching majority
findings: (1) Pacita was never married to Romualdo without filing an action, his heirs can
even after Amanda’s death, and (2) respondent longer file the action after death
Angelina was Pacita’s illegitimate child by Romualdo 3. If the child dies during minority in the state
and therefore her sole heir (to the exclusion of the of insanity, his heirs can file the action for
petitioners). CA affirmed. him within 5 years form the child’s death
4. If the child dies after commencing the
ISSUE: action, the action will survive and his heirs
Whether Angelina is entitled to inherit from Pacita. will substitute for him
5. If the child is a minor, incapacitated or
HELD: insane, his guardian can bring the action
NO. Both the TC and the CA ruled that Angelina was in his behalf
the illegitimate daughter of the decedent, based
solely on her birth certificate. The CA found this to be RIGHTS OF LEGITIMATE AND ILLEGITIMATE
adequate proof that respondent Angelina was CHILDREN
Pacita's illegitimate child. However, a closer LEGITIMATE ILLEGITIMATE
examination of the birth certificate reveals that Use of mother’s
respondent Angelina was listed as adopted by both surname
Pacita and Romualdo. NOTE: RA 9255
Use of father
The mere registration of a child in his or her birth amended Art.176
Surname and mother’s
certificate as the child of the supposed parents is of FC as of
surname
March 19, 2004
not a valid adoption, does not confer upon the Æ can use
child the status of an adopted child and the legal father’s surname
rights of such child, and even amounts to Entitled to
simulation of the child’s birth or falsification of his or legitime and
her birth certificate, which is a public document. other Entitled only to ½
In Benitez-Badua v. CA, it is well-settled that a Legitime successional of legitime of
record of birth is merely a prima facie evidence of rights granted to legitimate child
the facts contained therein. It is not conclusive them by the
evidence of the truthfulness of the statements NCC
made there by the interested parties. Following the Entitled to
receive support
logic of Benitez, Angelina should have adduced from parents, Receive support
evidence of her adoption, in view of the contents of ascendants, and according to the
her birth certificate. The records, however, are bereft Support
in proper cases, provision of the
of any such evidence. brothers and FC
There are crucial differences between Benitez-Badua sisters under
and this case which QuickTime™ ineluctably and a
support the Art.174
conclusion that Angelina was
TIFF (Uncompressed) not Pacita's
decompressor
are needed to see this picture.
daughter, • His/her whole
whether illegitimate or adopted. Pacita, unlike lifetime
Benitez-Badua's alleged mother Chipongian, was not regardless of
His/her whole
only 36 years old but 44 years old, and on the verge type of proofs
Action for lifetime
provided
of menopause at the time of the alleged birth. Unlike claim for regardless of
under Art.172
Chipongian who had been married to Vicente Benitez legitimacy or type of proofs
para. 1
for only 10 years, Pacita had been living childless illegitimacy provided under
• ONLY lifetime
with Romualdo for 20 years. Under the Art.172
of alleged
circumstances, we hold that it was not sufficiently parent for
established that respondent Angelina was Pacita’s Art.172 para.
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2 accrues (death of parents of legitimated
Transmissible child)
to heirs under Yes No
Art.173? CHAPTER 11: ADOPTION
No right to inherit
ab intesto from
R.A. 8552: DOMESTIC ADOPTION ACT
legitimate
Right to inherit children and
Yes WHO MAY ADOPT: Any person provided he is:
ab intesto relative of father
and mother 1. FILIPINO CITIZEN
under Art.992 of a. of legal age
NCC b. in possession of full civil capacity
and legal rights
IMPORTANT: c. of good moral character
• Use the surname of the mother if the requisites of d. has not been convicted of any
RA 9255 are not complied with crime involving moral turpitude,
• Use the surname of the father (RA 9255, Sec. 1, emotionally and psychologically
effective March 19, 2004) capable of caring for children,
e. At least 16 years older than the
person to be adopted, unless:
i. The adopter is the natural
parent of the child to be
adopted, or
ii. The adopter is the spouse
R.A. No. 9255 of the legitimate parent of
Illegitimate children may use the surname of their the person to be adopted
father if their filiation has been expressly recognized f. In possession of full civil capacity
by the father, either through: and legal rights
1. record of birth in civil register g. In a position to support and care
2. father’s admission in public document for his legitimate and illegitimate
3. father’s admission in private handwritten children, in keeping with the
document means of the family
The father under RA 9255, Sec. 1 has the right to file 2. ALIEN
an action to prove non-filiation during his lifetime. a. possessing the same
qualifications as above stated for
Filipino nationals
LEGITIMATED CHILDREN b. his/her country has diplomatic
relations with the Philippines
REQUISITES FOR LEGITIMATION: c. he/she has been living in the
1. The child was conceived and born outside of Philippines for at least 3
wedlock; continuous years prior to the filing
2. The parents, at the time of child’s conception, of the application for adoption and
were not disqualified by any impediment to maintains such residence until the
marry each other adoption decree is entered
3. There is a valid marriage subsequent to the EXCEPT when:
child’s birth i. a former Filipino citizen
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who seeks to adopt a
• LegitimationTIFFare
(Uncompressed) decompressor
takes
needed place by the subsequent
to see this picture.
relative within the 4th
marriage of the child’s parents degree of consanguinity
• Effect of legitimation: or affinity; or
- Confers on the child the rights of ii. one who seeks to adopt
legitimate children the legitimate child of
- Retroacts to the time of the child’s his/her Filipino spouse; or
birth iii. one who is married to a
• Legitimation may be impugned only by those Filipino citizen and seeks
who are prejudiced in their rights within 5 to adopt jointly with
years from the time the cause of action his/her spouse a relative
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exhausted and that inter-country adoption is in 1. If the one asking for support is below
the best interest of the child. majority age, he is entitled to support from
his illegitimate brother or sister to the full
TRIAL CUSTODY extent, without any condition (e.g. even if
• The trial custody shall be for a period of 6 months cause is imputable to him)
from the time of placement. 2. If the one asking for support is already of
• Starts upon actual physical transfer of the child to majority age, he is entitled to support only
the applicant who, as actual custodian, shall if his need for support is not due to a
exercise substitute parental authority over the cause imputable to his fault or negligence
person of the child
• The adopting parents shall submit to the PROPERTIES ARE LIABLE FOR THE
governmental agency or the authorized and SUPPORT OF THE RELATIVES (SOURCES OF
accredited agency, which shall in turn transmit a MUTUAL SUPPORT)
copy to the Board, a progress report of the child's absolute community or conjugal
Spouses
adjustment. The progress report shall be taken property
into consideration in deciding whether or not to Common children absolute community or conjugal
of the spouses property
issue the decree of adoption.
Children of a
absolute community or conjugal
spouse by
CHAPTER 12: SUPPORT property
another marriage
Under the system of absolute
SUPPORT: community, separate property of
Consists of everything indispensable for: the parent-spouse
1. Sustenance
if the same is insufficient or there
2. Dwelling is no such property, the absolute
3. Clothing community is liable but the
4. Medical attendance support is considered as
5. Education – includes schooling or advances on the share of the
training for some profession, trade or parent to be paid by him to the
vocation, even beyond the age of community at the time of
majority liquidation
6. Transportation – includes expenses Under the system of conjugal
going to and from school, or to and partnership, separate property of
Illegitimate
the parent-spouse
from place of work children of either
spouse
if the same is insufficient or there
NOTE: Amount of support shall be in proportion to is no such property, the conjugal
the means of the giver and to the need of the property is liable if financially
recipient capable, but the support paid to
the child shall be deducted from
the share of the parent-spouse at
PERSONS OBLIGED TO SUPPORT EACH OTHER the time of liquidation of the
TO THE WHOLE EXTENT: partnership
1. Spouses separate property of the obligor-
2. Legitimate ascendants and descendants Legitimate spouse
3. Parents and their legitimate children and the ascendants, other
children of the latter (legitimate or legitimate and if the same is not sufficient or
illegitimate) illegitimate there is none, the absolute
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4. Parents andTIFFtheir illegitimate
(Uncompressed) children and the
decompressor descendants, and community or conjugal property
are needed to see this picture. legitimate and shall be liable if financially
children of the latter (legitimate or
illegitimate capable, which support shall be
illegitimate) brothers and deducted from the share of the
5. Legitimate brothers and sisters whether full sisters spouse upon liquidation of the
or half-blood ACP or CPG
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any time, this however, admits of an exception where surviving court appoints a guardian over the
estoppel has supervened. parent child
parent designated by the court
CHAPTER 13: PARENTAL AUTHORITY
The court shall take into account all
separation of
relevant considerations, especially
parents
PARENTAL AUTHORITY (PATRIA the choice of the child over 7 years
(Art. 213)
POTESTAS) is the mass of rights and old, unless the parent is unfit
obligations which parents have in relation to GENERAL RULE: A child under 7
the person and property of their children until years of age shall not be separated
from the mother UNLESS the court
their emancipation, and even after under
finds compelling reasons to order
certain circumstances. otherwise.
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Supreme Court to take cognizance of Habeas Corpus 2. The parents and judicial guardians of the
cases. minor or those exercising substitute
The Family Courts have concurrent jurisdiction with parental authority over the minor are
the Court of Appeals and the Supreme Court in subsidiarily liable for said acts and
petitions for habeas corpus where the custody of omissions of the minor.
minors is at issue.
To make the Family Court the only court that could DISTINCTION BETWEEN SUBSTITUTE AND
hear habeas corpus case involving minors will result SPECIAL PARENTAL AUTHORITY
in an iniquitous situation, leaving individuals like SUBSTITUTE
SPECIAL PARENTAL
petitioner without legal recourse in obtaining custody PARENTAL
AUTHORITY
of their children. Individuals who do not know the AUTHORITY
whereabouts of minors they hare looking for would be It is exercised
concurrently with the
helpless since they cannot seek redress from family
parental authority of the
courts whose writs are enforceable only in their It is exercised in case of
parents and rest on the
respective territorial jurisdictions. Thus if a minor is death, absence, or if
theory that while the child
being transferred from one place to another, which unsuitability of parents.
is in the custody of the
seems to be the case here, the petitioner in a habeas Hence, it is not exercised
person exercising special
by the parents of parental
corpus case will be left without legal remedy, This parental authority, the
authority over the minor
lack of recourse could not have been the intention of parents temporarily
children.
the lawmakers when they passed the Family Court relinquish parental
act of 1997. authority over the child to
the latter
ORDER OF SUBSTITUTE PARENTAL
LIABILITY OF PARENTS FOR TORTS
AUTHORITY:
COMMITTED BY THEIR MINOR CHILDREN:
1. The surviving grandparent
• Parents and other persons exercising
2. The oldest brother or sister, over 23 years
parental authority shall be civilly liable for
old, unless unfit or disqualified
the injuries and damages caused by the
3. The child's actual custodian, over 21 years
acts or omissions of their minor
old, unless unfit or disqualified
PROVIDED the children are living in their
company and under their parental
• In case of foundlings, abandoned children,
authority
neglected children, or abused children,
• This is subject to the appropriate defenses
summary judicial proceedings shall be
provided by law
instituted so that they may be entrusted to:
a. Heads of children’s homes
NOTES:
b. Orphanages, or
c. Similar institutions duly accredited by • Parental authority and responsibility are
the proper government agency (Art. inalienable and may not be transferred
217) and renounced except in cases authorized
by law
PERSON EXERCISING SPECIAL PARENTAL • Parents may exercise parental authority
AUTHORITY: over their child’s property
1. school
2. administrators and teachers EFFECT OF PARENTAL AUTHORITY UPON
3. individual, entity, or institution engaged in THE PROPERTY OF THE CHILD:
child care 1. The father and mother shall jointly
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are needed to see this picture.
exercise legal guardianship over the
LIABILITY OF THOSE EXERCISING SPECIAL property of the minor child without court
PARENTAL AUTHORITY OVER THE CHILD: appointment
1. They are principally and solidarily liable for 2. In case of disagreement, the father’s
damages caused by the acts or missions of decision shall prevail, unless there is
the child while under their supervision, judicial order to the contrary
instruction or custody. HOWEVER, this 3. If the market value of the property or the
liability is subject to the defense that the annual income of the child exceeds
person exercising parental authority P50,000, the parent is required to furnish
exercised proper diligence.
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a bond of not less than 10% of the value of c. Ascendants in nearest degree
the child’s property or income d. Brothers and sisters
2. the funeral shall be in keeping with the
GROUNDS FOR SUSPENSION OF PARENTAL social position of the deceased
AUTHORITY: CHOBA 3. the funeral shall be in accordance with the
1. Conviction of parent for crime without civil expressed wishes of the deceased
interdiction a. in the absence of expressed
2. Treats child with excessive harassment and wishes, his religious beliefs or
cruelty affiliation shall determine
3. Gives corrupting orders, counsel or example b. in case of doubt, the persons in
4. Compels child to beg Art. 199 of FC shall decide
5. Subjects to or allows acts of lasciviousness 4. any person who disrespects the dead or
NOTE: The suspension or deprivation may be allows the same shall be liable for
revoked and the parental authority revived in a case damages
filed for the purpose or in the same proceeding if the
court finds that the cause therefore has ceased and CHAPTER 15: USE OF SURNAME
will not be repeated
CHILD CONCERNED SURNAME TO BE USED
GROUNDS FOR THE PERMANENT TERMINATION Legitimate child Father’s surname
OF PARENTAL AUTHORITY : Legitimated child Father’s surname
1. Death of parents Adopted child Adopter’s surname
2. Death of child Mother’s surname/
3. Emancipation of child Father’s name if requisites
Illegitimate child
of R.A. 9255 are complied
4. Parents exercising parental authority has
with
subjected the child or allowed him to be Conceived prior to the
subjected to sexual abuse Father’s surname
annulment of the marriage
Conceived after the
Mother’s surname
Jocelyn Pablo Gualberto vs. Crisanto Rafaelito annulment of the marriage
Gualberto G.R. No. 154994 June 28, 2005
Lesbianism is not compelling reason to deprive the WIFE SURNAME TO BE USED
mother of a child below seven years of age. a. first name and maiden
To deprive the wife custody, the husband must name + her husband’s
clearly establish that her moral lapses have had an surname
adverse effect on the welfare of the child or have e.g. Lena Hipolito
Santiago
distracted the offending spouse from exercising b. first name + her
proper parental care. husband’s surname
Writ of habeas corpus have no leg to stand on to e.g. Lena Santiago
deprive the mother of a child below seven years of c. her husband’s full name,
Valid marriage (before
age, unless there are compelling reasons to do so. but prefixing a word
the husband dies)
indicating that she is his
Art. 370
CASES WHERE PARENTAL AUTHORITY MAY BE wife
e.g. Mrs. Benito
REVIVED: Æ TEMPORARY
Santiago
1. Adoption of child d. retain the use of her
2. Appointment of general guardian maiden name (use of
3. Judicial declaration of abandonment husband’s surname is
4. Final judgment divesting
QuickTime™parental
and a authority not a duty but merely an
TIFF (Uncompressed) decompressor
5. Judicial declaration
are needed toof
seeabsence
this picture. or incapacity option of the wife)
or person exercising parental authority e.g. Lena Hipolito
Marriage wife is the she shall resume using her
CHAPTER 14: FUNERAL is guilty party maiden name
GENERAL GUIDELINES:
1. duty and right to make arrangement in
funerals in accordance with Art. 199 of FC:
a. Spouse
b. Descendants in nearest degree
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3. when use is motivated by modesty, a desire 2. if a person joined the armed forces who
to avoid unnecessary trouble, or other reason has taken part in war, from the time he is
not prohibited by law or morals considered missing in action
3. danger of death under other
IN RE PETITION FOR CHANGE OF NAME, circumstances, from time of
PETITIONER JULIAN LIN ( Carulasan) WANG, disappearance
G.R. NO. 159966 March 30, 2005
SEE: Annex D
The law does not allow dropping of middle name
from registered name unless there are justifiable CHAPTER 17: CIVIL REGISTRY
reasons to do so. Mere convenience is not
justifiable. MATTERS RECORDED IN THE CIVIL
REGISTER:
Middle names serve to identify the maternal lineage 1. birth
or filiation of a person as well as further distinguish 2. marriage
him from others who may have the same given name 3. death
and surname as he has. 4. legal separation
5. annulment of marriage
An illegitimate child whose filiation is not recognized 6. judgments declaring marriage void from
by the father bears only a given name and his the beginning;
mother’s name, and does not have a middle name, 7. legitimation
unless legitimated or subsequently recognized by the 8. adoption
father. 9. acknowledgement of natural children
10. naturalization
A child can use the surname of the mother instead of 11. loss of citizenship
the father if there are clear justificable reasons to do 12. recovery of citizenship
so such as to avoid confusion. 13. civil interdiction
14. judicial determination
CHAPTER 16: ABSENCE 15. voluntary emancipation of a minor
16. change of name
KINDS OF ABSENCE:
1. Physical absence REQUIREMENTS OF AN ADVERSARIAL
2. Legal absence PROCEEDING:
1. Presence of opposing parties
PROVISIONAL ABSENCE 2. Notice to indispensable parties
1. A person disappears from his domicile; 3. Relevant facts have been fully and
2. His whereabouts are unknown; and properly developed
a. He did not leave any agent; or 4. Opposing counsel was given an
b. He left an agent but agent's power opportunity to demolish the opposite
has expired party's case (not ex parte)
5. Evidence has been thoroughly weighed
THE ADMINISTRATION SHALL CEASE IN ANY OF and considered
THE FOLLOWING CASES: 6. Compliance with the publication
1. when the absentee appears personally or by requirement
means of an agent;
2. when the death ofQuickTime™
the absentee
and a is provided NOTE: The new law, RA 9048, applies only to
TIFF (Uncompressed) decompressor
and his estateareor intestate
needed heirs appear;
to see this picture.
clerical and typographical errors in entries of name
3. when a third person appears, showing by a and does not modify the rules mentioned above.
proper document that he has acquired the
absentee's property by purchase or other title
Page 39 of 297
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
Page 40 of 297