Persons and Family Relations MKP Notes.v03

I.
PERSONS
B. IGNORANCE OF THE LAW
A. WHEN LAW TAKES EFFECT DOCTRINE
Art. 3. Ignorance of the law excuses no one
Art. 2. Laws shall take effect after fifteen from compliance therewith.
days following the completion of their
publication in the Official Gazette, unless it is PRESUMPTION OF KNOWLEDGE OF LAWS
otherwise provided. This Code shall take a. As to domestic law:
effect one year after such publication. - Everyone is conclusively presumed to know
a. When law is silent: the law. But this rule applies only to our
- It shall take effect “after fifteen (15) days internal or domestic laws. Thus, Art. 3, NCC.
following the completion of [its] publication - However, mistake upon a doubtful or
either in the Official Gazette, or in a difficult question of law may be the basis of
newspaper of general circulation in the good faith’ and may come within the scope of
Philippines.” solutio indebiti. Art. 526, par 3
- effectivity date: 16th day, NOT ON THE 15TH - Article 2155 & 1344.
b. When law provides for its date of effectivity: b. As to foreign law:
- It shall take effect on said date provided - No conclusive presumption of knowledge of
that the law is published. Publication of laws foreign laws.
is indispensable and cannot be dispensed - Must be specially aged and proved, and our
with. court cannot take judicial notice of them.
Reason: for this rule is that the basic Doctrine of Processual Presumption or Doctrine
constitutional requirement of due process of Presumed Identity Approach - If the foreign
must be satisfied. law involved is not properly pleaded and proved,
a. When law provides that it shall take effect our courts will presume that the foreign law is
“immediately upon approval”: the same as our local or domestic or internal law.
- It should be construed as becoming effective C. RETROACTIVITY OF LAWS
immediately upon its complete publication.
Art. 4. Laws shall have no retroactive effect,
unless the contrary is provided.
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SLAYING THE DRAGON 2022
RULE ON OPERATION AND APPLICATION OF
LAWS E. WAIVER OF RIGHTS
GR: Laws are to be construed prospectively.
(Lex prospicit, non respicit; the law looks Art. 6. Rights may be waived, unless the
forward, not backward) waiver is contrary to law, public order, public
XPNs: policy, morals, or good customs, or prejudicial
1. When the law itself provides for its to a third person with a right recognized by
retroactivity law.
XPN to the XPN: Unless the retroactive Requisites:
application of a statute will make it an ex (1) That the person making the waiver possesses
post facto law or will result in the impairment the right;
of obligation of contract, in which case, it (2) That he has the capacity and power to dispose
cannot be given retroactive effect; of the right;
2. When a penal law is favorable to the accused, (3) That the waiver must be made in a clear and
XPN to the XPN: Unless, the convicted felon is unequivocal manner, although it may be made
a habitual delinquent, in which case, it expressly or impliedly; and
cannot be given retroactive application; (4) That the waiver is not contrary to law, public
3. When the law is remedial or procedural in policy, public order, morals, good customs, or
nature; prejudicial to a third person with a right
4. When the law is curative in character; and recognized by law.
5. When the law creates new substantive rights, REPEAL OF LAWS
provided it has not prejudiced another
acquired right of the same origin. Art. 7. Laws are repealed only by subsequent
D. MANDATORY OR PROHIBITORY LAWS ones, and their violation or non-observance
shall not be excused by disuse, or custom or
Art. 5. Acts executed against the provisions of practice to the contrary.
mandatory or prohibitory laws shall be void,
except when the law itself authorizes their When the courts declared a law to be
validity. inconsistent with the Constitution, the former
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shall be void and the latter shall govern. expressly so otherwise.
Administrative or executive acts, orders and provided.
regulations shall be valid only when they are
not contrary to the laws or the Constitution. EFFECT OF JUDICIAL DECISIONS
Express Repeal Implied Repeal Art. 8. Judicial decisions applying or

An express It takes place interpreting the laws or the Constitution shall
repeal is that when the form a part of the legal system of the
contained in a provisions of the Philippines. (n)
special provision subsequent law a. Part of legal system
of a subsequent are incompatible b. Retroactive application
law. But the with those of an - The Supreme Court’s interpretation of a
Manner repealing clause earlier law and statute forms part of the law as of the date it
of Repeal must identify or there is no was originally passed, because the Court’s
designate the express repeal. construction merely establishes the
particular or contemporaneous legislative intent that the
specific law to interpreted law carries into effect. Such
be repealed, judicial doctrine does not amount to the
otherwise there passage of a new law, but consists merely of a
is no express construction or interpretation of a pre-
repeal. existing one.
When a law When a law which c. XPN: Prospective application
which expressly impliedly repeals - When a doctrine of the Supreme Court is
repeals a prior a prior law is overruled and a different view is adopted, the
Effect of law is itself itself repealed, new doctrine should be applied prospectively
Repeal of repealed, the the prior law shall and should not apply to parties who had relied
Repealing law first thereby be on the old doctrine and acted on the faith
Law repealed shall revived, unless thereof.
not be thereby the repealing law d. Doctrine of Stare Decisis
revived unless provides
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- a point of law already established will,
generally, be followed by the same In computing a period, the first day shall be
determining court and by all courts of lower excluded, and the last day included.
rank in subsequent cases where the same COMPUTATION OF LEGAL PERIOD:
legal issue is raised. a. Year
F. PRESUMPTION AND APPLICABILITY OF CUSTOM – Article 13 is impliedly repealed by Sec. 31,
Chapter 8, Book 1 of the Administrative Code.
Art. 10. In case of doubt in the - 1 year = 12 months
interpretation or application of laws, it is - December 31, 2007 – December 31, 2008.
presumed that the lawmaking body intended b. Month
right and justice to prevail. – 1month = 30 days
c. Day
Art. 11. Customs which are contrary to law, – 1 day = 24 hours
public order or public policy shall not be d. Night
countenanced. – sunset to sunrise
Art. 12. A custom must be proved as a fact, Note: The first day is EXCLUDED, the last day is
according to the rules of evidence. INCLUDED.
H. TERRITORIALITY PRINCIPLE
G. LEGAL PERIODS
Art. 14. Penal laws and those of public
Art. 13. When the laws speak of years, security and safety shall be obligatory upon
months, days or nights, it shall be understood all who live or sojourn in the Philippine
that years are of three hundred sixty-five territory, subject to the principles of public
days each; months, of thirty days; days, of international law and to treaty stipulations.
twenty-four hours; and nights from sunset to PRINCIPLE OF GENERALITY OF CRIMINAL LAWS
sunrise. GR: Penal laws are obligatory not only to citizens
If months are designated by their name, they of the Philippines but to all persons who are
shall be computed by the number of days within the Philippine territory.
which they respectively have. XPN:
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1. If treaty stipulations provide to the contrary; nature of the property and regardless of
2. If a law of preferential application provides to the country wherein said property may be
the contrary; and found.
3. If a principle of public international law
provides to the contrary. Note: In Conflict of Laws, the forum may
I. CONFLICT OF LAWS refuse to apply the applicable foreign law ifthe
1. LEX NATIONALII same is contrary to a sound and established
Art. 15. Laws relating to family rights and public policy of the forum. Moreover, a foreign
duties, or to the status, condition and legal law should not be applied when its application
capacity of persons are binding upon would work undeniable injustice to the citizens
citizens of the Philippines, even though or residents of the forum.
living abroad. GR: Involves real or personal properties – lex
NATIONALITY PRINCIPLE rei sitae
- On the matter of status of persons, condition XPNs:
of persons, the legal capacity of persons, and 1. Intestate or Testamentary Succession -
his family rights and duties, the applicable law National law of the decedent
is the national law of the person concerned. a. Order of Succession
2. LEX REI SITAE - law of the place where the b. Amount of Successional Rights
property is situated c. Intrinsic Validity of Provisions of the
Art. 16. Real property as well as personal Will
property is subject to the law of the d. Capacity to Succeed, whatever may
country where it is stipulated. be the nature of the property and
However, intestate and testamentary regardless of the country wherein
successions, both with respect to the order said property may be found.
of succession and to the amount of
successional rights and to the intrinsic 3. LEX LOCI CELEBRATIONIS
validity of testamentary provisions, shall Art. 17. The forms and solemnities of
be regulated by the national law of the contracts, wills, and other public
person whose succession is under instruments shall be governed by the laws
consideration, whatever may be the of the country in which they are executed.
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disposition of real property' are determined
When the acts referred to are executed by the law of the place where the property
before the diplomatic or consular officials is situated. (Lex Loci Rei Sitae)
of the Republic of the Philippines in a Intrinsic Validity of the Contract:
foreign country, the solemnities 1. The law voluntarily agreed upon by the
established by Philippine laws shall be parties (the lex loci voluntatis') or
observed in their execution. 2. The law intended by them either expressly
or implicitly (lex loci intentionis)
Prohibitive laws concerning persons, their In the absence of such choice, 2 possible
acts or property, and those which have, approaches:
for their object, public order, public policy 1. To apply the law of that State that “has the
and good customs shall not be rendered most significant relationship to the
ineffective by laws or judgments transaction and the parties”; or
promulgated, or by determinations or 2. The law of the place of performance or lex
conventions agreed upon in a foreign loci solutionis if the issue relates to all
country. (11a) matters relating to the time, place, and
manner of performance and valid excuses
Intrinsic Validity – law of the decedent for non-performance.
Extrinsic Validity – law of the country in which 4. DOCTRINE OF RENVOI
they are executed - Renvoi takes place when the conflicts rule of
XPNs: Joint wills executed by Filipinos in a the forum makes a reference to a foreign law,
foreign country shall not be valid in the but the foreign law is found to contain a
Philippines, even though authorized by the conflict rule that returns or refers the matter
laws of the country where they may have been back to the law of the forum. (Relate: Doctrine
executed. of processual presumption)
GR: The forms and solemnities of contracts
shall be governed by the laws of the country
in which they are executed. (Lex Loci J. HUMAN RELATIONS IN RELATION TO PERSONS
Celebrationis)
XPN: All matters concerning the title and Art. 19. Every person must, in the exercise
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of his rights and in the performance of his - Damage resulting from the legitimate exercise
duties, act with justice, give everyone his of a person’s rights is a loss without injury—
due, and observe honesty and good faith. damnum absque injuria—for which the law gives
no remedy
Art. 19. Every person must, in the exercise Principle of abuse of right
of his rights and in the performance of his - When a right is exercised in a manner which
duties, act with justice, give everyone his does not conform with the norms enshrined in
due, and observe honesty and good faith. Article 19 and results in damage to another, a
legal wrong is thereby committed for which the
Art. 20. Every person who, contrary to law, wrongdoer must be held responsible.
wilfully or negligently causes damage to Requisites:
another, shall indemnify the latter for the 1. The existence of a legal right or duty
same. 2. Which is exercised in bad faith; and
3. With the sole intent of prejudicing or injuring
Art. 21. Any person who wilfully causes loss another
or injury to another in a manner that is Article Application
contrary to morals, good customs or public Article 20 Willful and negligent
policy shall compensate the latter for the acts. Violations of
damage. existing law as basis
for an injury.
REQUIRED NORM OF HUMAN CONDUCT: (AGO) Article 21 Only to willful acts
1. To act with justice done contra bonos
2. To given everyone his due mores
3. To observe honesty and good faith Article 2176 When the negligent act
Remedy: if violated, action for damages under causing damage to
Art. 20 or 21, NCC. another does not
constitute “a breach of
an existing law or a
Principle of damnun absque injuria pre-existing
contractual obligation.
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UNJUST ENRICHMENT (ACCION IN REM VERSO) The defendant has the
obligation to return what was
Art. 22. Every person who through an act of unduly delivered or paid to him
performance by another, or any other by the plaintiff
means, acquires or comes into possession of The objective is to prevent
something at the expense of the latter unjust enrichment
without just or legal ground, shall return the Source of Quasi-contract Law
same to him. Obligation
- when a person unjustly retains a benefit to Delivery or Not due to By reason of
the loss of another, or when a person retains Payment mistake of fact mistake of
money or property of another against the or mistake in fact or
fundamental principles of justice, equity, and the application mistake in the
good conscience. of a doubtful application of
Requisites: or difficult a doubtful or
(1) defendant has been enriched; provision of difficult
(2) plaintiff has suffered a loss; law provision of
(3) enrichment of the defendant is without law
just or legal ground; and
(4) plaintiff has no other action based on Art. 27. Any person suffering material or
contract, quasi-contract, crime, or quasi- moral loss because a public servant or
delict. employee refuses or neglects, without just
cause, to perform his official duty may file an
Unjust Solutio action for damages and other relief against
Enrichment Indebiti the latter, without prejudice to any
The plaintiff has suffered a loss, disciplinary administrative action that may
the defendant has been be taken.
enriched
The enrichment of the Requisites:
Similarities defendant is without just or
legal ground
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(1) That the defendant be a public official other unjust, oppressive, or high-handed
charged with the performance of official method.
duties;
(2) That there be a violation of an official Art. 29. When the accused in a criminal
duty in favor of an individual; prosecution is acquitted on the ground that
(3) That there be willfulness or negligence in his guilt has not been proved beyond
the violation of such official duty; and reasonable doubt, a civil action for damages
(4) That there be an injury to the individual for the same act or omission may be
instituted. Such action requires only a
Art. 28. Unfair competition in agricultural, preponderance of evidence. Upon motion of
commercial or industrial enterprises or in the defendant, the court may require the
labor through the use of force, intimidation, plaintiff to file a bond to answer for damages
deceit, machination or any other unjust, in case the complaint should be found to be
oppressive or highhanded method shall give malicious.
rise to a right of action by the person who
thereby suffers damage. If in a criminal case the judgment of acquittal
What is being sought to be prevented is not is based upon reasonable doubt, the court
competition perse but the use of unjust, shall so declare. In the absence of any
oppressive, or high-handed methods which declaration to that effect, it may be inferred
may deprive others of a fair chance to engage from the text of the decision whether or not
in business or to earn a living the acquittal is due to that ground.
Requisites to recover damages:
(1) it must involve an injury to a competitor Art. 30. When a separate civil action is
or trade rival, and brought to demand civil liability arising from
(2) it must involve acts which are a criminal offense, and no criminal
characterized as “contrary to good proceedings are instituted during the
conscience,” or “shocking to judicial pendency of the civil case, a preponderance
sensibilities,” or otherwise unlawful; in the of evidence shall likewise be sufficient to
language of our law, these include force, prove the act complained of.
intimidation, deceit, machination, or any
MU KAPPAN NOTES
a. If the acquittal is on the ground that the this Code.
accused is not the author of the act or The issue raised in a pending civil case, the
omission complained of, there is no civil resolution of which determines whether or not
liability ex delicto. (Section 2, Rule 111) a criminal action may proceed or determines
b. If the acquittal is based on reasonable the guilt or innocence of the accused
doubt on the guilt of the accused, he is not REQUISITES:
exempt from civil liability ex delicto which (1) the previously instituted civil action
may be proved by preponderance of involves an issue similar or intimately related
evidence only. to the issue raised in the subsequent criminal
INDEPENDENT CIVIL ACTION action;
GR: When a criminal action is instituted, the (2) the resolution of such issue determines
civil action for the recovery of civil liability whether or not the criminal action may
arising from the offense charged (civil liability proceed
ex delicto') is deemed instituted with the When is there a prejudicial question?
criminal action unless the offended party Only in a situation where a civil action and a
XPNs: criminal action are both pending, and there
(1) waives the civil action; exists in the former an issue which must be
(2) reserves the right to institute it separately; preemptively resolved before the criminal
(3) institutes the civil action prior to the action may proceed because the resolution of
criminal action the civil action is determinative juris el de jure
Authorized cases: of the guilt or innocence of the accused in the
Articles 32, 33, 34, and 2176, NCC criminal case
PREJUDICIAL QUESTION: K. CAPACITY TO ACT

Art. 36. Pre-judicial questions which must be
decided before any criminal prosecution may Art. 37. Juridical capacity, which is the
be instituted or may proceed, shall be fitness to be the subject of legal relations, is
governed by rules of court which the inherent in every natural person and is lost
Supreme Court shall promulgate and which only through death. Capacity to act, which is
shall not be in conflict with the provisions of the power to do acts with legal effect, is
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acquired and may be lost. among others, modify or limit capacity to
Note: In the absence of civil personality, no act: age, insanity, imbecility, the state of
rights may be acquired and no obligations may be being a deaf-mute, penalty, prodigality,
incurred family relations, alienage, absence,
insolvency and trusteeship. The
Juridical Capacity/ Capacity to Act consequences of these circumstances are
Civil Personality governed in this Code, other codes, the
The fitness to be the The power to do acts Rules of Court, and in special laws.
subject of legal with legal effect Capacity to act is not limited on account
relations. of religious belief or political opinion.
The former is inherent Not inherent but may
in every natural only be acquired A married woman, twenty-one years of
person age or over, is qualified for all acts of civil
May only be lost (in May be lost through life, except in cases specified by law.
the case of natural other means
person) through death 2. BIRTH AND DEATH OF NATURAL PERSONS
Cannot be limited or Can be limited or Art. 40. Birth determines personality; but
restricted restricted. the conceived child shall be considered
born for all purposes that are favorable to
1. RESTRICTIONS ON CAPACITY TO ACT it, provided it be born later with the
conditions specified in the following
Art. 38. Minority, insanity or imbecility,
article. (29a)
the state of being a deaf-mute, prodigality
and civil interdiction are mere restrictions
Art. 41. For civil purposes, the fetus is
on capacity to act, and do not exempt the
considered born if it is alive at the time it
incapacitated person from certain
is completely delivered from the mother's
obligations, as when the latter arise from
womb. However, if the fetus had an intra-
his acts or from property relations, such
uterine life of less than seven months, it
as easements. (32a)
is not deemed born if it dies within
twenty-four hours after its complete
Art. 39. The following circumstances,
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delivery from the maternal womb. (30a) result in preterition of a forced heir
that annuls the institution of the
Art. 42. Civil personality is extinguished testamentary heir, even if such child
by death. should be born after the death of the
The effect of death upon the rights and testator.
obligations of the deceased is determined d. May be designated as beneficiary in an
by law, by contract and by will. (32a) insurance policy
Birth – determines civil personality CIVIL PERSONALITY OF JURIDICAL PERSONS:
Fetus
- considered born for civil purposes only Art. 44. The following are juridical persons:
when: (1) The State and its political subdivisions;
a. Intra-uterine life at least 7 months – (2) Other corporations, institutions and
alive after cutting of the umbilical cord entities for public interest or purpose,
b. Intra-uterine life of less than 7 months created by law; their personality begins as
– survives at least 24 hours after cutting soon as they have been constituted according
of the umbilical cord to law;
- Limited and Provisional Personality (3) Corporations, partnerships and
a. Limited – only for purposes favorable to associations for private interest or purpose to
the child which the law grants a juridical personality,
b. Provisional – it depends upon the child separate and distinct from that of each
being born alive later under the shareholder, partner or member.
conditions mentioned above
- Consequences of civil personality – it can States and its As soon as they have
acquire rights but not obligations political subdivisions been constituted
a. The right to be a done of simple according to law
donations Other corporations, As soon as they have
b. The right to receive support from his institutions, and been constituted
progenitors entities for public according to law
c. He may not be ignored by his parents in interest or purpose,
their testament; otherwise, it may created by law
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Private corporations From the date the two or more persons who are called to
Securities and succeed each other, as to which of them
Exchange Commission died first, whoever alleges the death of
issues a certificate of one prior to the other, shall prove the
incorporation under its same; in the absence of proof, it is
official seal presumed that they died at the same time
Partnership Must comply with the and there shall be no transmission of
Requisites: rights from one to the other.
1. 2 or more If issue is succession: Article 43; if not:
persons binding Presumption of Survivorship under ROC
themselves to Requisites:
contribute (1) The question of survivorship involves persons
money, who are called to succeed each other, whether
property, or the succession is by reason of a will or by
industry to a operation of law; and
common fund; (2) the issue involves transmission of successional
2. Intention on the rights between them.
part of the
partners to If both requisites are present, Article 43 provides
divide the for the following rules:
profits among (i) whoever alleges the death of one prior to
themselves. the other shall prove the same; and
Sole proprietorship Does not possess a (ii) in the absence of proof, the law presumes
juridical personality that both had died at the same time and
separate and distinct that there shall be no transmission of
from the personality of rights from one to the other
the owner of the L. SURNAMES
enterprise.' - the word or combination of words by which a
3. Presumption of Survivorship person is distinguished from other individuals
Art. 43. If there is a doubt, as between and, also, as the label or appellation which he
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bears for the convenience of the world at large b. Surname + Husband’s Surname
addressing him, or in speaking of or dealing with c. Mrs. Husband’s Surname
him. Rule in case of LS: The wife shall continue using
Characteristics: her name and surname employed before the legal
a. Absolute – intended to protect the individual separation. Therefore, if the wife adopted her
form being confused with others husband’s surname after the marriage, the use of
b. Obligatory in certain aspects the husband’s surname becomes obligatory when
c. Fixed, unchangeable, or immutable legal separation has been granted.
d. Outside the commerce of man Rule in case of Annulment of Marriage:
e. Imprescriptible a. Wife is the guilty party – resume her maiden
Legitimate Illegitimate Adopted name and surname.
Children Children Child b. Wife is the innocent spouse – resume her
They shall In the absence Shall bear the maiden name and surname or continue using the
have the right of recognition surname of former’s husband surname:
to bear the by the father, the adopter. XPN:
surnames of illegitimate (i) the court decrees otherwise; or
the father and children are Note: The (ii) she or the former husband is married again to
the mother, required to surname of another person.
but shall use the the adopter Rule in case of death of husband:
principally use surname of refers to the a. Resume her maiden name and surname
the surname their mother. adopter’s b. Continue using the deceased’s surname
of the father. own surname Other Rules:
and not to A. Usurpation of Name:
her surname Requisites:
acquired by 1. there is an actual use of another’s name by
virtue of the defendant;
marriage. 2. the use is unauthorized; and
3. the use of another’s name is to designate
Surname of Married Woman: personality or identify a person.
a. Maiden name + Surname + Husband’s Surname B. Pen Name and Stage Names:
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Requisites: Presumptive When after the period provided by
1. done in good faith Death law, a person is presumed dead.
2. there is no injury to third persons
When is Judicial Declaration of
M. RULES GOVERNING PERSONS WHO ARE ABSENT Absence Necessary?
Concept: It is the special legal status of one who is not There is no need for a judicial
in his domicile, his whereabouts being unknown, and it declaration of absence if there are no
is uncertain whether he is dead or alive. properties."
Three (3) Requisites: The need to have a person judicially

Stages of declared an absentee is when
Absence: 1. he has properties which have to be
Provisional (i) that the absentee should have taken care of or administered by a
Absence disappeared from his domicile; representative appointed by the court
(ii) that his whereabouts are not (Article 384, Civil Code);
known; 2. the spouse of the absentee is asking
(iii) that he did not leave any agent to for separation of property (Article
administer his property; and 135[2], Family Code) or
(iv) that the appointment of a 3. the spouse is asking the Court that
representative in connection with such the administration of all classes of
property is urgent or necessary exclusive property of the absentee be
Declared (i), the absentee should have transferred to him/her (Article 142[2],
Absence disappeared from his domicile; Family Code).
(ii) that his whereabouts are not
known; and Governing Law:
(iii) that he has been absent without 1. Purpose of contracting a valid
any news for two years, if nobody was subsequent marriage – Art. 41
left to administer his property, or for
five years if somebody was left to Article 390. After an absence of seven years, it
administer such property. being unknown whether or not the absentee still
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lives, he shall be presumed dead for all purposes, 1. Ordinary Absence – if the person disappeared in a
except for those of succession. situation where there was no danger of death; and
The absentee shall not be presumed dead for the 2. Qualified absence - if the person disappeared in a
purpose of opening his succession till after an situation where there was danger of death
absence of ten years. If he disappeared after the
age of seventy-five years, an absence of five years Required Period of Absence Purpose
shall be sufficient in order that his succession may 4 years in case of ordinary
be opened. (n) absence; 2 years in case of Remarriage
qualified absence.
Article 391. The following shall be presumed dead In case of ordinary absence, 10
for all purposes, including the division of the estate years generally; however, if the
among the heirs: person disappeared after the
(1) A person on board a vessel lost during a sea age of 75, 5 years of absence." Opening of
voyage, or an aeroplane which is missing, who has Succession
not been heard of for four years since the loss of In case of qualified absence,
the vessel or aeroplane; four years.
(2) A person in the armed forces who has taken 7 years in case of ordinary For all other
part in war, and has been missing for four years; absence, and 4 years in case of purposes
(3) A person who has been in danger of death under qualified absence.
other circumstances and his existence has not been
known for four years. (n)
II. MARRIAGE
Article 392. If the absentee appears, or without

A. GENERAL PRINCIPLES
appearing his existence is proved, he shall recover
his property in the condition in which it may be
Article 1. Marriage is a special contract of
found, and the price of any property that may have
permanent union between a man and a woman
been alienated or the property acquired therewith;
entered into in accordance with law for the
but he cannot claim either fruits or rents.
establishment of conjugal and family life. It is the
foundation of the family and an inviolable social
KINDS OF ABSENCE:
institution whose nature, consequences, and
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incidents are governed by law and not subject to 4. Mention of such nuptial in subsequent
stipulation, except that marriage settlements may documents.
fix the property relations during the marriage Void Marriage No Marriage
within the limits provided by this Code. action to invalidate a petition for correction
marriage and/or cancellation of
GR: All marriages involving Filipino citizens solemnized entry in the civil registry
outside the Philippines, in accordance with the laws in under Rule 108
force in the country where they were solemnized, shall Note: if a marriage was in fact celebrated but it is void
also be valid in the Philippines. ab initio, the requirement of Article 40 of the Family
XPNs: The following marriages shall remain void even if Code applies
solemnized outside the Philippines and valid in the
place ofcelebration: Those prohibited under Articles 35 B. Mixed Marriages and Foreign Divorce
(1), (4), (5), and (6), 36, 37, and 38. Requisites:
1. That there is a valid marriage celebrated
1. Essential Requisites between a Filipino citizen and a foreigner; and
Requisites: 2. That a valid divorce is obtained abroad,
1. Legal Capacity regardless of who between the spouses initiated
2. Consent the divorce proceeding
2. Formal Requisites
3. Authority of the solemnizing officer
4. Valid Marriage License
5. Marriage Ceremony
Marriage Contract – best documentary evidence of
marriage
Other proofs of marriage:
1. Testimony of a witness to the matrimony
2. The couple’s public and open cohabitation as
husband and wife after the alleged wedlock;
3. The birth and baptismal certificates of children
born during such union; and
MU KAPPAN NOTES
Definition / Requisites Defect Effect
Legal (1) For Foreigners: Governed by their national Absent Void ab initio
Capacity law.'66 Hence, they must submit a certificate
of legal capacity to contract marriage issued
by their respective diplomatic or consular
officials.
(2) For Filipinos: To be capacitated to contract
marriage, the parties must be: (i) a male and a
female; (ii) at least 18 years of age; and (iii)
must not be suffering from any legal
impediment mentioned in Articles 37 and 38 of
the FC
Consent The personal declaration made by the groom and Absent / Void ab initio / voidable
the bride during the marriage ceremony that they Irregular
are taking each other as husband and wife. (Article 45)
Authority of Persons authorized to solemnize marriages: Absent Void
the (1) Incumbent members of the Judiciary. XPN: the marriage is perfectly
solemnizing (2) Religious solemnizing officers: valid when either or both parties
Officer Requisites: believed in good faith that the
(i) must be duly authorized by his solemnizing officer had the legal
respective church or sect in writing; authority to do so.
(ii) his written authority must be duly Irregular valid but the party/parties
registered with the Civil Registrar responsible for the same shall be
General; civilly, criminally, and
(iii) he must act within the limits of such administratively liable
written authority; and
(iv) at least one of the contracting parties
must belong to his church or sect.
(3) Ship captain or airplane chief pilot:
Requisites:
MU KAPPAN NOTES
(i) marriage must be in articulo mortis (at
the point of death); and
(ii) marriage must be between passengers
and/or crew members.
(4) Military commanders of a unit:
Requisites:
(i) must be a commissioned officer, or an
officer in the armed forces holding rank
by virtue of a commission from the
President;
(ii) assigned chaplain to his unit must be
absent;
(iii) marriage must be in articulo mortis; and
(iv) marriage must be solemnized within the
zone of military operations.
5) Consul-General, consul, or vice-consul:
Requisites:
(i) marriage must be celebrated abroad in
the country where the consul holds
office; and
(ii) marriage must be between Filipino
citizens
Valid Marriages exempt from requirement of marriage Absent Void
marriage license: Irregular valid but the party/parties
license (1) Articulo mortis marriages - remains valid responsible for the same shall be
even if the ailing party subsequently civilly, criminally, and
survives. administratively liable
(2) Marriages among Muslims or members of
ethnic cultural communities, provided that
the same are solemnized in accordance
MU KAPPAN NOTES
with their customs, rites, or practices.
(3) Marriages where the residence of either
party is so located that there is no means
of transportation to enable such party to
appear personally before the local civil
registrar.
(4) Marriages involving a man and a woman
who have been living together as husband
and wife for at least five years before the
marriage and who, during the said period,
were not suffering from any legal
impediment to marry each other.
The five-year period must be:
(a) continuous or uninterrupted;
(b) counted backwards from the day of the
celebration of the marriage; and
(c) characterized by exclusivity, meaning no third
party was involved at any time within the five
years.
Marriage Requisites: Irregular valid but the party/parties
ceremony (1) Personal appearance by the contracting responsible for the same shall be
parties before the solemnizing officer. civilly, criminally, and
(2) Personal declaration by the contracting administratively liable
parties that they are taking each other as
husband and wife.
(3) Such personal declaration by the parties
must be done in the presence of the
solemnizing officer.
MU KAPPAN NOTES
Void Marriage Voidable Marriage Legal Separation
MU KAPPAN NOTES
Nature: Inexistent from the very It is considered valid and produces
beginning. all its civil effects, until it is set
GR: if the marriage is aside by final judgment of a
void ab initio, it is ipso competent court in an action for
facto void without need annulment. Without a judgment of
of any judicial annulment, the marriage is
declaration of nullity regarded as valid.
XPN: For purposes of
remarriage, even if the
prior marriage is void ab
initio a judicial
declaration of its nullity
is required before a
subsequent marriage can
be contracted.
[NOTE: In Braza, the

marriage is void. Hence,
the proper remedy is
petition for declaration
of absolute nullity of the
void marriage. In
Olaybar, however, there
is no marriage to speak
of. Hence, the proper
remedy is a petition for
cancellation of entry in
the civil registry under
Rule 108.]
MU KAPPAN NOTES
Validity: Already invalid from the Invalidated only by a judgment of
very beginning and the annulment
judgment of the court is
simply confirmatory of its
status
Ratification Can never be ratified Can be generally ratified by free
cohabitation
Who and Can be attacked Can be assailed only in a direct
when can collaterally by any proceeding for that purpose
assail? proper interested party. (petition for annulment) by the
parties to the voidable marriage
only
When can it Even after the death of Can be assailed only during the
be either party lifetime of the parties and not after
questioned? death of either; in which case, the
parties and their offspring will be
left as if the marriage had been
perfectly valid
Prescriptive Imprescriptible Action prescribes
Period:
Grounds for Lack of Unsoundness Fraud Vitiation of Impotency Serious and
Annulment: Consent of mind at Consent incurable
the time of sexually
marriage transmitted
disease (STD
When 18 – 21 yrs
required? old
Whose Legitimate
consent child:
is father
MU KAPPAN NOTES
required? Illegitimate
child:
mother
Who can only the
The sane Only the Only the Only the Only the
file the parent spouse but injured injured injured injured
petition whose only if he or party may party party, or party, or the
for consent is she had no file the the other other spouse
annulme required knowledge of petition spouse who had no
nt? can file the
the other’s who had knowledge of
petition; insanity; or no the other’s
but once
by any knowledge STD at the
the party
relative, of the time of the
reaches theguardian, or other’s marriage
age of 21, person having impotency
only the
legal charge at the time
party of the insane of the
himself canspouse; or by marriage
file the
the insane
petition spouse during
a lucid
interval or
after
regaining
sanity;
What is Five years During the within five within five within five within five
the from lifetime of years after years from years after years after
prescripti attainment the spouses the the time the the the marriage.
ve of the age discovery of force, marriage.
period? of21 the fraud intimidation,
or undue
MU KAPPAN NOTES
influence
disappeared
or ceased
How is Only the Only the Only the not subject not subject
the party insane spouse injured to to
defect himself may has the right party has ratification ratification
ratified? ratify the to ratify upon the right to
defect upon coming to ratify the
reaching reason by defect by
the age of choosing to freely
21 by freely cohabiting
choosing to cohabit with with the
freely the sane other as
cohabit spouse. husband and
with the wife after
other party. the force,
intimidation,
or undue
influence
has
disappeared
or ceased.
What is (i) non- If one Existence of
the disclosure party was STD at the
ground? of a physically time of the
previous incapable marriage,
conviction of which is
by final consumma found to be
judgment ting the serious and
of the marriage appears to be
MU KAPPAN NOTES
other party with the incurable.
of a crime other, or
involving impotency,
moral If such
turpitude; incapacity
(ii) conc continues
ealment by and
the wife of appears to
the fact be
that at the incurable.
time of the
marriage, Only
she was impotency
pregnant is a ground
by a man for
other than annulment
her , not
husband; sterility.
(iii) conc
ealment of
a sexually
transmissib
le disease,
regardless
of its
nature,
existing at
the time of
the
marriage;
MU KAPPAN NOTES
or
(iv) conc
ealment of
drug
addiction,
habitual
alcoholism
or
homosexua
lity or
lesbianism
existing at
the time of
the
marriage.
Grounds for (2) for more than one year.

legal
separation Cooling-Off Period: The case shall not be tried (on the merits) within six months from the filing of the
petition.
XPN:
1. RA 9262
Note: the courts may only issue the decree of legal separation after it has been satisfied that, despite
such efforts, reconciliation is highly improbable.
Defenses: (Art. 56)

1. Condonation and consent
a. Condonation – granted after the commission of the offense
b. Consent – given prior to the commission of the offense
MU KAPPAN NOTES
2. Connivance and collusion
a. Connivance – ground is really committed
b. Collusion – the spouses made it appear as though it was committed.
3. Mutual guilt or recrimination – both spouses have given ground for legal separation
4. Prescription
Effect of death:
If a party dies prior to the entry of judgment, the case shall be terminated. However, if a party dies
after the entry of judgment, the judgment shall bind the parties and their successors-in-interest.4
Effect of Reconciliation (Art. 65-66)
(a) If de facto reconciliation: In the absence of a “decree of reconciliation,” the decree of legal
separation is not set aside,
(b) If there is decree of reconciliation: The decree of legal separation is set aside, but the separation
of property and any forfeiture of net profits shall subsist.
Consequence: right of the guilty spouse – automatically reinstated
Testamentary dispositions – automatically revived
Donation propter nuptias and designation of the guilty spouse has not yet been
revoked – innocent spouse loses the right to revoke the donation and designation
Revival of previous property regime (Art. 67) - not automatically revived
Art. 67. The agreement to revive the former property regime referred to in the preceding Article
shall be executed under oath and shall specify:
(1) The properties to be contributed anew to the restored regime;
(2) Those to be retained as separated properties of each spouse; and
(3) The names of all their known creditors, their addresses and the amounts owing to each.
The agreement of revival and the motion for its approval shall be filed with the court in the same
proceeding for legal separation, with copies of both furnished to the creditors named therein.
After due hearing, the court shall, in its order, take measure to protect the interest of creditors
and such order shall be recorded in the proper registries of properties.
The recording of the ordering in the registries of property shall not prejudice any creditor not
listed or not notified, unless the debtor-spouse has sufficient separate properties to satisfy the
creditor's claim. (195a, 108a))
MU KAPPAN NOTES
Effect: 1. Need compliance with 1. Right to remarry only upon a. Right to live separately
Article 40 in order to compliance with the b. Property regime is automatically
remarry requirements of liquidation of terminated and shall be subjected
2. Not obligated to the absolute community of to liquidation.
support each other property or conjugal partnership c. Innocent spouse – right to inherit
3. Not entitled to of gains, partition and is not affected.
successional rights distribution of properties of the Guilty spouse – disqualified
4. Rule: Children of void erstwhile spouse,”1 the delivery As to testamentary dispositions in
marriages are of presumptive legitimes, and favor of the offending spouse
generally illegitimate. compliance with the existing at the time of the finality
XPN: Children of void requirements of Article 52 of the of the decree of legal separation
marriages under FC; otherwise, the subsequent shall be revoked by operation of
Articles 36 and 53 are marriage is void. law
exceptionally 2. If the wife is the guilty party, d. Custody of minor children –
declared legitimate. she shall resume her maiden innocent spouse
5. Rule: In void name and surname. XPN: unless the court finds
marriages, regardless 3. If she is the innocent spouse, she compelling reasons to order
of the cause thereof, may resume her maiden name otherwise.
the property and surname. However, she may e. The donation propter nuptias
relations of the choose to continue employing remains valid. However, if the
parties during the her former husband’s surname, donee is the offending spouse, the
period of unless: (1) the court decrees innocent spouse may revoke the
cohabitation are otherwise, or (2) she or the donation within five years from
governed by Article former husband is married again the finality of the decree of legal
147 or 148, as the to another person. separation
case may be 4. Children conceived or born f. If the offending spouse is
XPN: If the marriage before the judgment of designated as beneficiary in any
is declared void by annulment has become final and insurance policy of the innocent
reason of non- executory shall be considered spouse, such designation may be
compliance with legitimate revoked even if such designation
MU KAPPAN NOTES
Article 40 of the FC, 5. If the property regime is either be stipulated as irrevocable
the applicable absolute community or conjugal
property regime is partnership, the same is
absolute community, automatically terminated upon
conjugal partnership, the finality of the judgment of
or complete annulment and should be
separation of subjected to liquidation
property, as the case 6. When the marriage is annulled,
may be. the donation proper nuptias
6. Rule: If the marriage remains valid. However, if the
is judicially declared donee acted in bad faith, the
void, the donation donor may revoke the same
propter nuptias
remains valid but the
donor may revoke
the same.271 (2)
XPN: If the marriage
is declared void by
reason of Article 40
of the FC and the
donee contracted the
marriage in bad
faith, the donation
propter nuptias is
revoked by operation
of law.
Enumeration: c. Incurability - It must be incurable, or even if it were otherwise, the cure would be beyond the
means of the party involved.
III.Article 37: Incestuous Marriages
1. Between ascendants and descendants
MU KAPPAN NOTES
2. Between brothers and sisters
IV. Article 38: Prohibited by reasons of public policy

1. Between collateral blood relatives;
2. Between step-parents and step-children;
3. Between parents-in-law and children-in-law;
4. Between the adopting parent and the adopted child;
5. Between the surviving spouse of the adopting parent and the adopted child
6. Between the surviving spouse of the adopted child and the adopter;
7. Between an adopted child and a legitimate child of the adopter;
8. Between adopted children of the same adopter; and
9. Between parties where one, with the intention to marry the other, killed that other person's
spouse, or his or her own spouse.
V. Article 40: Bigamous Marriage
Important: If the prior marriage is void but a party thereto fails to secure a judicial declaration of its
nullity before contracting another marriage, the subsequent marriage is also void, and such party is
liable for the crime of bigamy.
Requirement of Judicial Decree: only to marriages entered during FC
XPN:
(i) Prior spouse has been absent for seven consecutive years and spouse present has no news of
the absentee being alive;
(ii) Prior spouse has been absent for less than seven years and generally considered as dead and
believed to be so by the spouse present; or
Prior spouse disappeared in a situation where there is danger of death under Article 391 of the Civil
Code and has been missing for four years.
Divorce Reckoning Point: Citizenship at the time a valid

divorce is obtained abroad by the alien spouse
capacitating the latter to remarry
MU KAPPAN NOTES
Note: before the divorced Filipino spouse can remarry,
he or she must file a petition for judicial recognition of
the foreign divorce.
MU KAPPAN NOTES
C. VOID MARRIAGES (SEE TAN-ANDAL V. ANDAL, REQUIREMENT OF JUDICIAL DECLARATION OF
G.R. NO. 196359, MAY 11, 2021) PRESUMPTIVE DEATH:
Two applicable laws on presumption of death:
Family Code a petition for declaration of absolute (i) Article 41 of the Family Code is the
nullity can only be filed during the applicable law if the presumption of death
lifetime of the spouses. After the is for the purpose of contracting another
death of one of the spouses, the marriage. Under Article 41, a judicial
validity of the marriage may still be declaration of presumptive death is
questioned by way of a collateral required,
attack in the proceeding for the (ii) Article 390 or 391 of the Civil Code is the
settlement of the estate of the applicable law if the presumption of death
deceased spouse is for purposes other than remarriage
By direct action (or filing a petition Remedy if subsequent marriage is valid:
for declaration of absolute nullity), (i) by the recording of the affidavit of
only the husband or the wife can file reappearance; or
the petition if the marriage was (ii) by a judicial declaration of dissolution or
celebrated during the effectivity of termination of the subsequent marriage.
the Family Code Effects of termination of valid subsequent marriage
Civil Code it can be questioned even after the mentioned above:
death of one of the spouses either by (i) the children are legitimate;
way of a direct action or a collateral (ii) if the property regime is either absolute
attack in the proceeding for the community or conjugal partnership of gains,
settlement of the estate of the the same shall be dissolved and liquidated;
deceased spouse. and
any real party in interest may file the (iii) if the second spouse contracted the marriage
petition. in bad faith:
The action or defense for the declaration of absolute (a) his or her share in the net profits shall be
nullity of a marriage is imprescriptible. forfeited in favor of the common children or,
if there are none, the children of the second
MU KAPPAN NOTES
spouse by a previous marriage or in default of exemption. However, such exemption shall not
children, the spouse present; apply if the same is not compatible with the
(b) the donation propter nuptias made to him solidarity of the family. (110a)
or her is revoked by operation of law;
(c) his or her designation as beneficiary in any Art. 70. The spouses are jointly responsible for the
insurance policy of the spouse present may be support of the family. The expenses for such
revoked, even if such designation be support and other conjugal obligations shall be paid
stipulated as irrevocable; and from the community property and, in the absence
(d) he or she is disqualified to inherit from the thereof, from the income or fruits of their separate
spouse present, whether the succession is properties. In case of insufficiency or absence of
testate or intestate. said income or fruits, such obligations shall be
D. Voidable Marriages (see table) satisfied from the separate properties. (111a)
E. Effect of Defective Marriages (see table)
F. Foreign Marriages Art. 71. The management of the household shall be
G. Legal Separation (see table) the right and the duty of both spouses. The
expenses for such management shall be paid in
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND accordance with the provisions of Article 70. (115a)
WIFE
Art. 72. When one of the spouses neglects his or
Art. 68. The husband and wife are obliged to live her duties to the conjugal union or commits acts
together, observe mutual love, respect and fidelity, which tend to bring danger, dishonor or injury to
and render mutual help and support. (109a) the other or to the family, the aggrieved party may
apply to the court for relief. (116a)
Art. 69. The husband and wife shall fix the family
domicile. In case of disagreement, the court shall Art. 73. Either spouse may exercise any legitimate
decide. profession, occupation, business or activity without
the consent of the other. The latter may object
The court may exempt one spouse from living with only on valid, serious, and moral grounds.
the other if the latter should live abroad or there In case of disagreement, the court shall decide
are other valid and compelling reasons for the whether or not:
MU KAPPAN NOTES
(1) The objection is proper, and d. Right of wife on use of husband’s surname
(2) Benefit has occurred to the family prior to the Effect of husband’s death
objection or thereafter. If the benefit accrued prior 1. resuming her maiden name and surname
to the objection, the resulting obligation shall be 2. continue employing the deceased’s surname
enforced against the separate property of the
spouse who has not obtained consent. H. PROPERTY RELATIONS BETWEEN SPOUSES
The foregoing provisions shall not prejudice the For Filipino spouses:
rights of creditors who acted in good faith. (117a) GR: Philippine laws shall govern their property relations
regardless of place of celebration of marriage and their
a. Obligation to live together residence.
GR: Choice of domicile belongs to both the husband and XPN: For properties located outside of the Philippines -
the wife. In case of disagreement, the court shall law of the country where the property is situated,
decide. whether the issue is the extrinsic or intrinsic validity of
XPN: The court may exempt one spouse from living with contracts affecting said property.
the other if: For alien spouses: governed by their national law
i. the other should live abroad
ii. if there is a valid and compelling reason. GR: Property regimes are applicable only to valid and
NOTE: t if a spouse leaves the conjugal dwelling void marriages and not to void marriages.
without just cause and later demands for legal XPN: The property regime of a void marriage under
support, the other spouse has the option of giving Article 40 of the Family Code, prior to judicial
support by receiving and maintaining him/her in the declaration of its absolute nullity, is either absolute
family dwelling and if he/she refuses, the right to community of property, conjugal partnership of gains,
receive legal support terminates. or complete separation.
b. Obligation to observe mutual love, respect, and
fidelity Marriage Settlement
c. Obligation to render mutual help and support When made Before the celebration of the marriage
XPN: After the final judgment granting legal separation, or
the obligation of mutual support between the spouses executed?
ceases; however, the court may order the guilty spouse Purpose? To fix the property relations during the
to support the innocent one. marriage.
MU KAPPAN NOTES
Formalities Must be in writing; otherwise, it is iii. the donation is in favor of one or
: unenforceable pursuant to the Statute both of the future spouses.
of Frauds. But to be enforceable What can Present property (nature of donation
against third persons, it must be be inter vivos)
registered in the local civil registry donated? Future property – only between future
where the marriage contract is spouses
recorded as well as in the registries of Formalities Ordinary donations
property. required
Parties: Only the future spouses Limitations ACP – no limit
XPNs: (i) If one of the future spouses is below CPG and CS – not more than 1/5 of their
21, the parent whose consent is present property
required to the marriage must be made Grounds 1. Non-celebration of marriage
a party to the marriage settlement; for 2. Marriage is judicially declared void –
otherwise, the same is not valid; and revocation donation becomes revocable
(ii) If one of the future spouses is XPN:
suffering from civil interdiction or any a. Void under Art. 40 – revoked by
other disability, the guardian appointed operation of law
by a competent court must also be b. both parties acted in bad faith –
made a party; otherwise, the same is revoked by operation of law
not valid. 3. Marriage is annulled
Effect of MS becomes void including DPN a. Donee acted in bad faith –
non- XPN: Stipulations that do not depend revocable
celebration upon the celebration of the marriage b. Lack of parental consent –
of marriage shall be valid revocable
1. DONATION PROPTER NUPTIAS 4. Issuance of decree of LS – revocable if
the donee is the guilty spouse
Requisites: i. made before the celebration of the 5. Others:
marriage;
ii. made in consideration of the 2. VOID DONATIONS BY THE SPOUSES
marriage; and
MU KAPPAN NOTES
GR: Donations between spouses during the marriage
is void.
XPN:
1. Moderate gifts on the occasion of any family
rejoicing are valid.
MU KAPPAN NOTES
Absolute Community of Property Conjugal Partnership of Gains
Concept Special kind of co-ownership. The Special type of partnership. The
husband and the wife become joint husband and the wife place in a
owners of all the properties of the common fund the proceeds, products,
marriage. fruits, and income from their separate
properties and those acquired by
either or both spouses through their
efforts or by chance.
Commencement At the precise moment that the marriage is celebrated. Any stipulation to the
contrary shall be void.
Properties Included 1. Community Property – all of the 1. Conjugal and exclusive property –
property owned by the spouses at the Those brought to the marriage as his
time of the celebration of the marriage or her own shall remain exclusive
or acquired thereafter. property.
2. Exclusive Property –
(i) Those excluded from the community For properties acquired during the
property in the marriage settlements; marriage, all those properties are
(ii) those acquired before the marriage by presumed to be conjugal, unless it is
either spouse who has legitimate proven that:
descendants by a former marriage, as (i) it is acquired by gratuitous
well as the fruits and income thereof; title;496
(iii) those acquired during the marriage (ii) it is acquired by right of
by gratuitous title by either spouse, redemption, by barter, or by exchange
including the fruits and income thereof, with property belonging to only one of
unless the grantor expressly declares that the spouses;
they shall form part of the community or (iii) it is purchased with exclusive
property; and money of the wife or of the husband.
(iv) those which are for personal and
exclusive use of either spouse; but Note: The presumption in favor of
jewelry shall form part of the community conjugal partnership applies “even if
MU KAPPAN NOTES
property the acquisition appears to have been
made, contracted, or registered in the
name of one or both spouses.” And
applies only when there is proof that
the property was acquired during the
marriage.
Special Rule (i) A property is exclusively owned by
one of the spouses;
(ii) it is subjected to improvements
during the marriage; and
(iii) the improvements were made at
the expense of the conjugal
partnership or through the acts or
efforts of either or both spouses
Note: Rules for determination of

ownership
If the cost of improvement and any
resulting increase in the value of the
property by reason of the
improvement are more than the value
of the property prior to the
introduction of the improvement, the
entire property shall become conjugal
partnership property; otherwise, the
entire property shall become the
exclusive property of the owner
spouse. In either case, there shall be
corresponding reimbursements at the
time of liquidation.
MU KAPPAN NOTES
Purchased on installments (Art. 118)
i. Property is bought by one of the
spouses before the marriage:
ii. it is payable on installments;
iii. partly paid from exclusive funds of
the buyer and partly paid from
conjugal funds.
Note: Rules for determination of

ownership:
(i) Payments on the principal shall be
exclusive property of creditor spouse;
and
(ii) Payments of interests falling due
during the marriage shall belong to
the conjugal partnership.
Livestock - only the excess of the

number brought into the marriage by
either spouse shall be considered
conjugal property
Obligations a. Support of:
Note: In case absence or (1) the spouses;
insufficiency clause – (2) their common children; and
in case of absence or (3) legitimate children of either spouse.
insufficiency of the exclusive (4) illegitimate children of either spouse – only the separate property
properly of the debtor-spouse, b. Antenuptial debts
the absolute community shall – debt contracted before marriage
advance its payment to be - only if they have redounded to the benefit of the family
MU KAPPAN NOTES
deducted from the share of the - did not redound to the benefit of the family shall be paid by the separate
debtor-spouse upon liquidation property of the debtor.
of the absolute community c. Debts contracted during marriage:
(1) contracted by both spouses;
(2) contracted by one spouse with the consent of the other;
(3) contracted by the administrator-spouse for the benefit of the community or
of the conjugal partnership; or
(4) contracted by either spouse without the consent of the other to the extent
that the family may have been benefited
Note: contracted by one spouse without the consent of the other and it did not
redound to the benefit of the family, the debt shall be paid by the separate
property of the debtor-spouse and the absolute community or the conjugal
partnership cannot be compelled to advance its payment, even if the debtor-
spouse has no separate property
d. Taxes and expenses for repair
- upon the community property or conjugal partnership property – property
regime
- upon the separate property of either spouse – obligation of the CPG; ACP if
the property is used by the family.
e. Civil liability for delict or quasi-delict
- shall be paid by the separate property of the debtor spouse.
- in case of absence or insufficiency of the exclusive properly of the debtor-
spouse, the absolute community shall advance its payment to be deducted from
the share of the debtor-spouse upon liquidation of the absolute community
Administration and GR: both spouses jointly
Management of Community or XPN: In case of disagreement, husband’s decision shall prevail and he can validly
Conjugal Property enter into contract without the consent of the wife.
If such contract causes economic injury to the family, the wife may seek the
rescission of such contract and other proper remedy within five years from the
date of the contract implementing the husband’s decision.
MU KAPPAN NOTES
When is sole administration allowed?
- one spouse is incapacitated or otherwise unable to participate in the
administration of the community or conjugal properties
XPN: disposition or encumbrance without the authority of the court or the written
consent of the other spouse
Disposition or Encumbrance 1. alienation, or encumbrance of community or conjugal property must have the
written consent of the other spouse or the authority of the court, without which
the disposition or encumbrance is void,
2. donation of any C/CP property without the consent of the other is void
XPN: alienation, or encumbrance of community or conjugal property must have
the written consent of the other spouse or the authority of the court, without
which the disposition or encumbrance is void
Civil Code: without the wife’s consent is not void but merely voidable. Wife =
annulment within 10 yrs.
Void contract as continuing offer: Even if the disposition or encumbrance is void.

the transaction shall be construed as a continuing offer on the part of the
consenting spouse and the third person, and max be perfected as a binding
contract upon the acceptance by die other spouse or authorization by the court
before the offer is withdrawn by either or both of the offerors.
Contract void in its entirety: If the alienation or encumbrance of community or

conjugal property is without the written consent of the other spouse or the
authority of the court, the entire transaction is void
Buyer in good faith Requisites:

(1) the diligence in verifying the validity of the title covering the property; and
(2) the diligence in inquiring into the authority of the transacting spouse to sell
MU KAPPAN NOTES
conjugal (or community) property in behalf of the other spouse
Dissolution/Termination Family Code Civil Code
(ACP/CPG) (Conjugal Partnership)
a. Death Surviving spouse must Mandatory obligation to
liquidate either judicially or liquidate and the effects
extrajudicially. of failure to do so do not
Failure: apply
a. Subsequent marriage – Consequence:
complete separation of a. subsequent marriage –
property shall not be governed
b. any disposition or mandatorily by complete
encumbrance involving the separation of property
community or conjugal b. any disposition or
partnership of property of the encumbrance of the
terminated marriage shall be conjugal property shall
void not be void instead the
rule on co-ownership will
be followed.
Decree of Legal Separation - Automatically terminated – if there is decree
- Upon liquidation, the share of the offending spouse in the “net profits” shall be
forfeited in favor of: (i) common children; (ii) in default thereof, children ofthe
guilty spouse by a previous marriage; or (iii) in default thereof, the innocent
spouse."’ But what is forfeited is only net profits, not the net assets
separation in fact (or separation without a decree of legal separation) between
husband and wife does not affect the regime of ACP/CPG
Note:
Separation de facto shall produce the following effects:
(i) the spouse who leaves the conjugal home or refuses to live therein, without
just cause, shall have no right to be supported;
(ii) when the consent of one spouse to any transaction of the other is required by
MU KAPPAN NOTES
law, judicial authorization shall be obtained in a summary proceeding;
(iii) if the community property or conjugal partnership property is not sufficient,
the separate property of both spouses shall be solidarily liable for the support of
the family and the spouse present shall, upon proper petition in a summary
proceeding, be given judicial authority to administer or encumber any specific
property of the other spouse and use the fruits or proceeds thereof to satisfy the
latter’s share;” and
(iv) if a spouse without just cause abandons the other or fails to comply with his
or her obligations to the family, the aggrieved spouse may petition for
receivership, judicial separation of property, or for authority to be the sole
administrator of the absolute community or conjugal partnership.
Finality of judgment of Voidable Marriage
annulment or declaration of ACP/CPG – terminated
nullity
Void Marriage – governed by Art. 147/148
Judicial Separation of property IF without judicial approval – void
Procedure for Liquidation 1. Inventory, listing separately the exclusive properties and the properties of the
absolute community.
2. Amounts advanced by the absolute community or conjugal partnership in
payment of personal debts and obligations of either spouse shall be credited to
the absolute community or conjugal partnership as an asset thereof.
In conjugal partnership, each spouse shall be reimbursed for the use of his or
her exclusive funds in the acquisition of property or for the value of his or her
exclusive property, the ownership of which has been vested by law in conjugal
partnership.
3. Payment of debts and obligations of the absolute community or conjugal
partnership out of its assets
4. Whatever remains of the exclusive properties of the spouses shall thereafter be
delivered to each of them.’
5. The net remainder of the properties of the absolute community shall constitute
MU KAPPAN NOTES
its “net assets”, which shall be divided equally between the spouses, unless a
different proportion or division was agreed upon in the marriage settlements, or
unless there has been a voluntary waiver of such share.
Net Profits - increase in value between the market value of the community
property at the time of the celebration of the marriage and the market value at
the time of its dissolution.
ACP: Net profits

1. Get the market value of the absolute community properties at the time of the
community’s dissolution;
2. Subtract the debts and obligations of the absolute community
= “net assets” or net remainder of the properties of the absolute community
3. Deduct the market value of the properties at the time of marriage
= Net profits
4. Delivery of presumptive legitimes of the common children.
5. The conjugal dwelling – spouse whom the majority of the common children
choose to remain
Complete Separation of Property
Concept - Each spouse shall own, dispose of, possess, administer, and enjoy his or her own
separate estate, without need of the consent of the other
- Liability of the spouses to creditors for family expenses shall, however, be
solidary
When? Provided for in the marriage settlements. The separation may be total or partial.
In case of partial separation, properties not agreed upon as separate shall pertain
to the absolute community
Pursuant to judicial order (1) Upon issuance of a decree of legal separation;
(2) Upon a joint petition of the spouses for voluntary separation (or without need
for a cause); and
(3) Upon petition for judicial separation due to a sufficient cause.
MU KAPPAN NOTES
The following are considered sufficient causes for judicial separation of property:
(i) other spouse is sentenced to a penalty which carries civil interdiction;
(ii) other spouse is judicially declared an absentee;
(iii) other spouse is judicially decreed to have lost parental authority;
(iv) other spouse abandoned the other or failed to comply with his or her
obligations to the family as provided in Article 101;
(v) other spouse who has been granted powers of administration in the marriage
settlements abused that power; and
(vi) spouses have been separated in fact for at least one year and reconciliation is
highly improbable
Failure to liquidate If the absolute community or conjugal partnership of the previous marriage was
terminated by reason of death and the surviving spouse, who failed to liquidate
the absolute community or conjugal partnership within one year from the death of
the deceased spouse, contracted another marriage, the subsequent marriage shall
be governed by a mandatory regime of complete separation.
Property Regime of Unions Without Marriage
Void Marriages GR: In a void marriage, regardless of the cause thereof, the property relations of
the parties during the period of cohabitation is governed by the provisions of
Article 147 or Article 148.
XPN: If the subsequent marriage is void by reason of non-compliance with Article
40, the property relations of the parties to the subsequent marriage may either be
absolute community or conjugal partnership of gains, as the case may be, unless
the parties agree to a complete separation of property in a marriage settlement
entered into before the marriage.
The properties acquired during the cohabitation are presumed to be co-owned.

Article 147 Article 148
When Applicable: Applies to union of parties who are Applies if the marriage is void
legally capacitated and not barred by because the parties are suffering
MU KAPPAN NOTES
any impediment to contract from legal impediments.
marriage, but whose marriage is
nonetheless void for other reasons
Requisites: 1. The parties are capacitated to If wanting one requisite in Article
marry each other; and 147.
2. They live exclusively with each
other as husband and wife.
Enumeration: 1. Marriages declared void by reason 1. Marriages where one of the

of psychological incapacity. (Art. 36) contracting parties is below 18 years
2. Marriages celebrated without a of age
valid marriage license. (Art. 35(3)) 2. Bigamous and polygamous
3. marriages celebrated by a person marriages under Article 35(4)
without legal authority to solemnize 3. Incestuous marriages under Article
marriages and either or both parties 37
cannot claim good faith. (Art. 35(2)) 4. Marriages which are prohibited by
4. Marriages contracted through reasons of public policy under Article
mistake of one contracting party as 38; and
to the identity of the other (Art. 5. Subsequent marriages
35(5)) contemplated in Article 41 of the FC
5. Subsequent marriages that are where both parties acted in bad faith
void because of failure to comply and declared void under Article 44.
with the procedural requirements of
Article 52 (Art. 35[6], in relation to
Art. 53, FC).
On salary and wages shall be owned by the parties in earned by each party belong to him
equal shares603 and will be divided or her exclusively
equally between them, even if only
one party earned the wages and the
other did not contribute thereto
MU KAPPAN NOTES
On property acquired during equal co-ownership and are prima only the properties acquired by both
cohabitation facie presumed to have been of the parties through their “actual
obtained through their joint efforts. joint contribution of money, property
and industry” shall be owned by them
in common in proportion to their
respective contributions
Prohibition against alienation of prohibited from disposing without the the law does not prohibit one of the
ideal share in co-ownership consent of the other. Such disposition co-owners in Article 148 from
or encumbrance is void. disposing or encumbering, during the
cohabitation, his or her share in the
co-ownership without the consent of
the other co-owner.
Effect of bad faith only one of the parties acted in bad validly married to another, his or her
faith, the share of the latter in the share in the co-ownership shall
co-ownership shall be forfeited in accrue to the absolute community or
favor of the following: conjugal partnership existing in such
a. the common children valid marriage
b. in default, the surviving
descendants of the party who acted
in bad faith
c. in default, the innocent party.
I. THE FAMILY given effect.

1. GENERAL PRINCIPLES
Art. 149. The family, being the foundation of Art. 50. Family relations include those:
the nation, is a basic social institution which (1) Between husband and wife;
public policy cherishes and protects. (2) Between parents and children;
Consequently, family relations are governed by (3) Among brothers and sisters, whether of the
law and no custom, practice or agreement full or halfblood.
destructive of the family shall be recognized or
MU KAPPAN NOTES
Art. 151. No suit between members of the same 1. GENERAL PRINCIPLES
family shall prosper unless it should appear from Art. 152. The family home, constituted jointly
the verified complaint or petition that earnest by the husband and the wife or by an unmarried
efforts toward a compromise have been made, head of a family, is the dwelling house where
but that the same have failed. If it is shown that they and their family reside, and the land on
no such efforts were in fact made, the same which it is situated.
case must be dismissed. The family home is a real right which is gratuitous,
inalienable, and free from attachment, constituted
This rules shall not apply to cases which may not over the dwelling place and the land on which it is
be the subject of compromise under the Civil situated.
Code.
Requirement of Earnest Efforts Towards Compromise BENEFICIARY AND BENEFITS:
If a suit is between "members of same family," there Art. 154. The beneficiaries of a family home
must be prior earnest efforts towards a compromise; are:
otherwise, the case must be dismissed. (1) The husband and wife, or an unmarried
- this is not a jurisdictional defect person who is the head of a family; and
- failure to raise such defect as an affirmative (2) Their parents, ascendants, descendants,
defense is deemed waiver. brothers and sisters, whether the relationship
be legitimate or illegitimate, who are living in
Under Article 2035 of the Civil Code, the law the family home and who depend upon the head
prohibits a compromise upon the following of the family for legal support.
questions:
(1) the civil status of persons; Art. 155. The family home shall be exempt from
(2) the validity of a marriage or a legal separation; execution, forced sale or attachment except:
(3) any ground for legal separation; (1) For nonpayment of taxes;
(4) future support; (2) For debts incurred prior to the constitution
(5) the jurisdiction of courts; and of the family home;
(6) future legitime (3) For debts secured by mortgages on the
premises before or after such constitution; and
J. THE FAMILY HOME (4) For debts due to laborers, mechanics,
MU KAPPAN NOTES
architects, builders, materialmen and others Nevertheless, property that is the subject of a
who have rendered service or furnished conditional sale on installments where
material for the construction of the building. ownership is reserved by the vendor only to
guarantee payment of the purchase price may
(i) If constructed before effectivity of FC, it must be be constituted as a family home.
judicially or extrajudicially constituted;
(ii) If constructed before effectivity of FC and was ACTUAL VALUE:
not judicially or extrajudicially constituted under GR: Shall not exceed the amount of 300K in urban
the Civil Code, it automatically became the family areas, 200K in rural areas.
home but only from 3 August 1988; and XPN: Even if duly constituted as a family home, it is
(iii) A family home is deemed constituted on a house not exempt from execution, forced sale, or
and lot from the time it is actually occupied as a attachment for the following claims:
family residence." The actual occupancy must be by (1) Non-payment of taxes;
any beneficiary; hence, actual occupancy by maids (2) Debts incurred prior to the constitution of family
and overseers is not sufficient. home;
(3) Debts secured by mortgages on the premises
WHO MUST CONSTITUTE? before or after such constitution
- proof that the husband and wife or by an (4) Debts due to laborers, mechanics, architects,
unmarried head of a family. ONLY ONE FAMILY builders, materialmen, and others who have
HOME. rendered service or furnished material for the
construction of the building.
Where constructed?
Art. 156. The family home must be part of the Duration: lasts so long as any of its beneficiaries
properties of the absolute community or the actually resides therein
conjugal partnership, or of the exclusive
properties of either spouse with the latter's Effect of Increase in Actual Value:
consent. It may also be constituted by an A. Voluntary improvement: Art. 160
unmarried head of a family on his or her own B. Involuntary improvement: the family home still
property. enjoys protection from execution, forced sale, or
MU KAPPAN NOTES
attachment. It can be sold to satisfy claims Artificial insemination - the egg of the wife is
mentioned in Article 155. fertilized through artificial means with the sperm of
the husband or a donor.
Effect of Death of Person who Constituted FH:
a. Continue for 10 yrs. – surviving beneficiaries are The child is legitimate if:
living in the FH (i) both the husband and the wife authorized or
b. Continues until minor beneficiary becomes of age. ratified such insemination in a written instrument;
(ii) such written instrument is executed and signed
K. PATERNITY AND FILIATION by them before the birth of the child; and
(iii) it is the wife who bore in her womb and
1. CONCEPTS OF PATERNITY, FILIATION, AND delivered the child.
LEGITIMACY
Paternity - civil status of a father in relation to the NOTE: Family Code provision on artificial
child. insemination does not authorize the use of a
Filiation - civil status of a child in relation to his or surrogate mother. A child born by the surrogate
her parents. mother is considered an illegitimate child of the
surrogate mother, if the latter is not married.
KINDS OF FILIATION:
a. Natural Filiation - by reason of blood
relationship, which is either legitimate or
illegitimate filiation, which includes artificial
insemination.
b. Artificial Filiation – by reason of adoption.
Status of Children: determined by marriage
Others:
MU KAPPAN NOTES
Legitimate Children Illegitimate Children Legitimated Children
Who are If conceived OR born during a valid If conceived AND born A child who went through
Legitimate marriage outside of a valid marriage legitimation becomes “legitimate.”
Children Prior thereto, the child is
Children of void marriages by reason illegitimate
of Articles 36 and 53.
Proof of A. Voluntary Admission of Filiation: Legitimation - the process provided
Filiation 1) The record of birth appearing in the civil register or a final
under our law where the status of a
judgment; or child conceived and born out of
Public policy (2) An admission of legitimate filiation in a public document wedlock is improved, by operation
demands that or a private handwritten instrument and signed by the parent of law, from illegitimacy to that of
there be no concerned. legitimacy by the mere subsequent
compromise marriage ofthe parents
on the status Note: Private handwritten instrument of admission of
and filiation filiation:
of a child. Requisites:
(i) it must be in the parent’s own handwriting;
Paternity or (ii) there must be a statement of admission of paternity or
filiation is a filiation; and
relationship (iii) it must be signed by the parent concerned.”
that must be
judicially B. Compulsory Recognition of Filiation:
established a. Open and continuous possession of status.
Requisites:
a. There must be evidence of the manifestation of the
permanent intention of the supposed father to consider
the child as his, by continuous and clear manifestations of
parental affection and care, which cannot be attributed to
pure charity.
b. Continuous – uninterrupted and consistent but does not
MU KAPPAN NOTES
require any particular length of time.
b. Other means allowed by law or by rules of court:
1. Result of DNA test – competent
2. Result of Blood test – not competent
3. Physical resemblance – not competent
Rights of 1. To bear the surnames of the 1. In the absence of
Legitimate father and the mother; recognition by the
Children father, illegitimate
2. To receive support from their children are required to
parents, use the surname of their
mother.
3.To be entitled to the legitimate
and other successional rights. 2. Support is the liability
of the exclusive or
4. Right to Citizenship – follow the separate property of the
citizenship of the father illegitimate parent
concerned.
Note: Filiation must first

be duly established
through an action for
compulsory recognition
against the putative
father ahead of an action
for support. In the
alternative, an action for
support may be directly
filed, where the matter
of filiation shall be
integrated and resolved.
MU KAPPAN NOTES
3. Successional rights -
legitime of an
illegitimate child shall
consist of one-half of the
legitime of a legitimate
child and the intestate
share of an illegitimate
child shall be one-half of
the share of a legitimate
child.
4. Right to Citizenship –
under parental authority
of the mother and follow
her nationality.
Grounds to 1. Physical impossibility of sexual The inquiry is limited to the issue of
Impugn intercourse. whether or not the following
Filiation 2. Biological or scientific reasons. requisites of legitimation were
3. In case of children conceived complied with
through artificial insemination,
the written authorization or Requisites:
ratification of either parent was (i) The child is conceived and born
obtained through mistake, fraud, outside of wedlock;
violence, intimidation, or undue (ii) At the time of conception of the
influence. child, his/her parents were not
disqualified by any impediment to
marry each other, or were so
disqualified only because either or
both of them were below 18 years
MU KAPPAN NOTES
of age.
(iii) After the birth of the child,
his/her parents subsequently got
married;
(iv) Such marriage is not void ah
initio
Who may May be brought by the child. However, the action is Only those who are prejudiced in
impugn? transmitted to the heirs of the child in the following cases: (i) theirrights as a result ofthe
when the child dies during minority; or (ii) when the child legitimation may impugn the same.
dies in a state of insanity
Prescriptive If brought by the child – during his or her lifetime Five years from the time of death
Period of either of the parents of the child
If child dies minor or becomes insane - five years
MU KAPPAN NOTES
5. ADOPTED CHILDREN employees deployed or stationed
a) Domestic Administrative Adoption and abroad: Provided, That they are able to bring
Alternative Child Care Act (RA 11642) the child with them; and
b) Who May Adopt (e) Foreign nationals who are permanent or
Section 21. Who May Adopt. – The following habitual residents of the Philippines for at
may adopt: least five (5) years possessing the same
(a) Any Filipino citizen at least twenty-five qualifications as above stated for Filipino
(25) years of age, who is in possession of full nationals prior to filing of the
civil capacity and legal rights; has not been petition: Provided, That they come from a
convicted of any crime involving moral country with diplomatic relations with the
turpitude; is of good moral character and can Republic of the Philippines and that the laws
model the same; is emotionally and of the adopter’s country will acknowledge
psychologically capable of caring for the Certificate of Adoption as valid,
children; at least sixteen (16) years older acknowledge the child as a legal child of the
than the adoptee; and who is in a position to adopters, and allow entry of the child into
support and care for adopted children in such country as an
keeping with the means of the adoptee: Provided, further, That
family: Provided, That the requirement of requirements of residency may be waived for
sixteen (16)-years difference between the the following:
age of the adopter and the adoptee may be (1) A former Filipino citizen, habitually
waived when the adopter is the biological residing in the Philippines, who seeks to
parent of the adoptee, or is the spouse of the adopt a relative within fourth (4th) civil
adoptee’s parent; degree of consanguinity or affinity; or
(b) The legal guardian with respect to the (2) One who seeks to adopt the legitimate
ward after the termination of the child of the Filipino spouse; or
guardianship and clearance of financial (3) One who is married to a Filipino citizen
accountabilities; and seeks to adopt jointly with the spouse a
(c) The legal guardians with respect to the relative within the fourth (4th) degree of
foster child; consanguinity or affinity of the Filipino
(d) Philippine government officials and spouse.
MU KAPPAN NOTES
Spouses shall jointly adopt, except in the parents; or
following cases: (h) A relative of the adopter.
(a) If one spouse seeks to adopt the
legitimate child of the other; or D) EFFECTS OF A DECREE OF ADOPTION (SEE
(b) If one spouse seeks to adopt own ARTICLE NOS. 189-190 OF THE FAMILY CODE)
illegitimate child: Provided, That the other
spouse has signified consent thereto; or Art. 189. Adoption shall have the following
(c) If the spouses are legally separated from effects:
each other. (1) For civil purposes, the adopted shall be
deemed to be a legitimate child of the
C) WHO MAY BE ADOPTED adopters and both shall acquire the
Section 22. Who May Be Adopted. – The reciprocal rights and obligations arising from
following may be adopted: the relationship of parent and child,
(a) Any child who has been issued a CDCLAA; including the right of the adopted to use the
(b) The legitimate child of one spouse by the surname of the adopters;
other spouse; (2) The parental authority of the parents by
(c) An illegitimate child by a qualified nature over the adopted shall terminate and
adopter to improve status of legitimacy; be vested in the adopters, except that if the
(d) A Filipino of legal age if, prior to the adopter is the spouse of the parent by nature
adoption, said person has been consistently of the adopted, parental authority over the
considered and treated by the adopters as adopted shall be exercised jointly by both
their own child for a period of at least three spouses; and
(3) years; (3) The adopted shall remain an intestate
(e) A foster child; heir of his parents and other blood relatives.
(f) A child whose adoption has been (39(1)a, (3)a, PD 603)
previously rescinded;
(g) A child whose biological or adoptive Art. 190. Legal or intestate succession to the
parents have died: Provided, That no estate of the adopted shall be governed by
proceedings shall be initiated within six (6) the following rules:
months from the time of death of said (1) Legitimate and illegitimate children and
MU KAPPAN NOTES
descendants and the surviving spouse of the
adopted shall inherit from the adopted, in L. SUPPORT
accordance with the ordinary rules of legal or
intestate succession; 1. WHAT COMPRISES SUPPORT
(2) When the parents, legitimate or Legal support, also known as family support, is that
illegitimate, or the legitimate ascendants of which is provided by law, comprising everything
the adopted concur with the adopter, they indispensable for sustenance, dwelling, clothing,
shall divide the entire estate, one-half to be medical attendance, education, and transportation,
inherited by the parents or ascendants and in keeping with the financial capacity of the family.
the other half, by the adopters;
(3) When the surviving spouse or the Art. 194. Support compromises everything
illegitimate children of the adopted concur indispensable for sustenance, dwelling, clothing,
with the adopters, they shall divide the medical attendance, education and
entire estate in equal shares, one-half to be transportation, in keeping with the financial
inherited by the spouse or the illegitimate capacity of the family.
children of the adopted and the other half, The education of the person entitled to be
by the adopters. supported referred to in the preceding paragraph
(4) When the adopters concur with the shall include his schooling or training for some
illegitimate children and the surviving spouse profession, trade or vocation, even beyond the
of the adopted, they shall divide the entire age of majority. Transportation shall include
estate in equal shares, one-third to be expenses in going to and from school, or to and
inherited by the illegitimate children, one- from place of work.
third by the surviving spouse, and one-third
by the adopters; 2. WHO ARE OBLIGED TO GIVE SUPPORT
(5) When only the adopters survive, they
shall inherit the entire estate; and Art. 105. Subject to the provisions of the
(6) When only collateral blood relatives of succeeding articles, the following are obliged to
the adopted survive, then the ordinary rules support each other to the whole extent set forth
of legal or intestate succession shall apply. in the preceding article:
(39(4)a, PD 603) (1) The spouses;
MU KAPPAN NOTES
(2) Legitimate ascendants and descendants; order herein provided:
(3) Parents and their legitimate children and the (1) The spouse;
legitimate and illegitimate children of the latter; (2) The descendants in the nearest degree;
(4) Parents and their illegitimate children and (3) The ascendants in the nearest degree;
the legitimate and illegitimate children of the and
latter; and (4) The brothers and sisters.
(5) Legitimate brothers and sisters, whether of
full or half-blood
PAYMENT OF SUPPORT:
3. SOURCE OF SUPPORT Amount of In portion to the resources or
Support: means of the giver and the
(1) A child, who is not financially capable, is still necessities of the recipient
entitled to legal support even if he is already When demandable: From the time the person who
emancipated and freed from the parent’s parental has a right to receive support
authority; needs it for maintenance, but it
(2) An illegitimate father whose filiation to the shall not be paid except from
illegitimate child has been duly established is liable the date of judicial or
to support the latter even if he has no parental extrajudicial demand.
authority over the child; and Manner of Payment (1) By paying the allowance
(3) The grandparents are liable to support their fixed; or
grandchildren even if the parents are still exercising (2) By receiving and
parental authority over the latter, if such parents do maintaining in the family
not have the financial capability to support the dwelling the person who has a
children. right to receive support.
4. ORDER OF SUPPORT Note: The second option may

not be availed of in case there
Art. 199. Whenever two or more persons are is a moral or legal obstacle
obliged to give support, the liability shall thereto.
devolve upon the following persons in the
MU KAPPAN NOTES
Legal Support Contractual Support Parental authority or patria potestas in Roman Law - the
indispensable for excess in amount beyond juridical institution whereby parents rightfully assume
sustenance, dwelling, that required for legal control and protection oftheir unemancipated children
clothing, medical support to the extent required by the latter’s needs
attendance, education,
and transportation, in GR: Parental authority is exercised over unemancipated
keeping with the financial or minor children
capacity of the family,
purely personal right subject to levy on
essential to the life of the attachment or execution XPN:
recipient (i) in marriage of a party who is at least 18 years of age
cannot be renounced; nor can be renounced or but below 21, where parental consent is still necessary;
can it be transmitted to a waived and can be (ii) in the marriage settlement of a party below 21 but
third person. Being transmitted to a third at least 18 years of age, the person whose consent to
intransmissible, support person the marriage is required under Article 14 of the FC is
cannot be the object of also required to be a party to the marriage settlement,
contracts otherwise, the settlement is not valid;
Right to receive future On the other hand, the (iii) the parents shall continue to be vicariously liable
support cannot be the right to receive for quasi-delict committed by their children at least 18
subject of compromise. contractual support can years of age but below 21, provided that the latter are
be the subject matter of living in their company.
a compromise agreement.
Legal support cannot be RENUNCIATION AND TRANSFER OF PARENTAL
compensated with what AUTHORITY
the recipient owes the
obligor. GR: Parental authority and responsibility may not be
renounced or transferred
M. PARENTAL AUTHORITY XPN: in the cases authorized by law:
1. Adoption
1. CONCEPT OF PARENTAL AUTHORITY 2. Guardianship
MU KAPPAN NOTES
3. Voluntary and involuntary commitment of a child to the same order of preference shall be observed.
the DSWD or any duly-licensed child placement agency
or individual RA 10165 or Foster Care Act of 2012
4. In case there is a need to impose disciplinary - the designated foster parents shall have the rights,
measures upon the child pursuant to Articles 223 and duties, and liabilities of persons exercising substitute
224 of the FC parental authority, as may be provided under the Family
5. When a child (foster child) is placed under the care Code over the children under their foster care
of foster parents pursuant to the provisions of R.A. No. - The infliction of corporal punishment by the foster
10165. parents shall be ground for revocation ofthe Foster
Family Care License and termination of Foster
2. SUBSTITUTE PARENTAL AUTHORITY Placement Authority.
- It is the parental authority which the persons 3. SPECIAL PARENTAL AUTHORITY

designated by law may exercise over the persons and
property of unemancipated children in case of death, - It is the parental authority granted by law to certain
absence, or unsuitability of both parents, or in default persons, entities, or institutions in view of their special
of a judicially appointed guardian. relation to children under their “supervision, instruction
or custody
Art. 216. In default of parents or a judicially Scope: applies to all authorized activities, whether
appointed guardian, the following person shall inside or outside the premises of the school, entity, or
exercise substitute parental authority over the institution.
child in the order indicated:
(1) The surviving grandparent, as provided in Art. Art. 218. The school, its administrators and
214; teachers, or the individual, entity or institution
(2) The oldest brother or sister, over twenty-one engaged in child are shall have special parental
years of age, unless unfit or disqualified; and authority and responsibility over the minor child
(3) The child's actual custodian, over twenty-one while under their supervision, instruction or
years of age, unless unfit or disqualified. custody.
Whenever the appointment or a judicial guardian
over the property of the child becomes necessary, Authority and responsibility shall apply to all
MU KAPPAN NOTES
authorized activities whether inside or outside the Discrimination Act,” if he or she employs excessive
premises of the school, entity or institution harshness or cruelty upon the child.
Civil Liability for quasi-delict: 4.2 UPON PROPERTY OF CHILDREN
a. the persons given special parental authority shall be a. Legal guardianship over property of minor
"principally and solidarity liable " for such damages;”’ children:
and Rule: The father and mother jointly exercise legal
b. the parents, judicial guardians or persons exercising guardianship over the property of their minor
substitute parental authority over said minor shall be children without the necessity of a court
"subsidiarily liable. ” Whether principally or subsidiarily appointment.
liable, they are not liable "if it is proved that they BOND: if the MV of the property or the annual income
exercised the proper diligence required under the of the child exceeds 50K. Bond shall not be less than
particular circumstances. 10% of the value.
b. Use of Child’s property:
4. EFFECTS OF PARENTAL AUTHORITY - shall be devoted exclusively to their support and
education, unless the title or transfer provides
4.1 UPON PERSONS OF CHILDREN otherwise.
a. Right to Custody - The parents have the right to use only the “fruits
b. Duty to provide support and Education and income” of said property for the following
c. Duty of representation purposes: (1) primarily, to the child’s support; and
d. Duty to give or withhold consent (2) secondarily, to the collective daily needs of the
e. Right to discipline child family
(i) Parental authority may be suspended, upon c. Rule on disposition or encumbrance of child’s
proper petition to the court, if the parent or property:
person exercising parental authority “treats the It does not include the power to dispose or
child with excessive harshness or cruelty.” encumber said property without court
(ii) In addition, the parent concerned may also be authorization. Administration includes all acts for
held criminally liable for violation of R.A. No. the preservation of the property and the receipt
7610, otherwise known as the “Special Protection of fruits according to the natural purpose of the
of Children Against Abuse, Exploitation and thing
MU KAPPAN NOTES
d. Rule on lease of property belonging to minor of person exercising
children: parental authority.
- May validly lease the same even without court
authorization because lease has been considered
as an act of administration.
- However, if the lease will be recorded in the
Registry of Property, the same should be made
only after obtaining court authorization." The
same rule applies if the lease is for a period of
more than one year because this is already
deemed as an act of dominion
Grounds for termination Grounds for suspension of
of parental authority: parental authority:
1. death of the parents; 1. conviction of crime
2. death of the child; which carries with it
3. emancipation of the the penalty of civil
child; interdiction;
4. adoption of the child 2. treating the child with
5. appointment of a excessive harshness or
general guardian; cruelty;
6. judicial declaration of 3. giving the child
abandonment of the corrupting orders,
child in a case filed for counsel, or example;
the purpose; 4. compelling the child
7. final judgment to beg;
divesting the party 5. subjecting the child or
concerned of parental allowing him to be
authority; subjected to acts of
8. judicial declaration of lasciviousness
absence or incapacity
MU KAPPAN NOTES

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I.

Express Repeal Implied Repeal Art. 8. Judicial decisions applying or

PREJUDICIAL QUESTION: K. CAPACITY TO ACT

Three (3) Requisites: The need to have a person judicially

Article 392. If the absentee appears, or without

[NOTE: In Braza, the

Grounds for (2) for more than one year.

Defenses: (Art. 56)

IV. Article 38: Prohibited by reasons of public policy

Divorce Reckoning Point: Citizenship at the time a valid

Note: Rules for determination of

Note: Rules for determination of

Livestock - only the excess of the

Void contract as continuing offer: Even if the disposition or encumbrance is void.

Contract void in its entirety: If the alienation or encumbrance of community or

Buyer in good faith Requisites:

ACP: Net profits

The properties acquired during the cohabitation are presumed to be co-owned.

Enumeration: 1. Marriages declared void by reason 1. Marriages where one of the

I. THE FAMILY given effect.

Status of Children: determined by marriage

Note: Filiation must first

4. ORDER OF SUPPORT Note: The second option may

- It is the parental authority which the persons 3. SPECIAL PARENTAL AUTHORITY

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