Professional Documents
Culture Documents
CIV PERSONSFAMILY KatGaw 2
CIV PERSONSFAMILY KatGaw 2
CLASS DISCUSSION (M) Art. 3. Ignorance of the law excuses no one from compliance therewith. (2)
Q: What is a newspaper of general circulation? Are Abante, New Record, Guardian,
Nueva Era, or Bulgar a newspaper of general circulation? Reason
A: Yes, these are considered of general circulation. • Ignorantia legis non excusat
Q: What are the requisites for a newspaper to be considered one of general circulation? • Once a law is published, the public is given constructive notice of the law’s
A: SC has held that the requisites are: existence & effectivity, whether or not they actually know what it says
(1) Regular release
• Applies only to mandatory & prohibitory laws
(2) No specific audience or patronage
o Mandatory – obligatory laws (e.g. prescriptive periods)
(3) For the public
o Prohibitory – laws that specifically prohibit certain acts; those which have
(4) Not devoted to private interest
liabilities & penalties
1 When counting, the first day is excluded and the last day is included. The counting of days begins the day after the statute is
2 Tañada, et al. v. Tuvera, et al.
Art. 18. In matters which are governed by the Code of Commerce & special laws, their Art. 20. Every person who, contrary to law, willfully or negligently causes damage to
deficiency shall be supplied by the provisions of this Code. (16a) another, shall indemnify the latter for the same.
Suppletory Nature Art. 21. Any person who willfully causes loss or injury to another in manner that is
• Deficiencies in the Code of Commerce & special laws are supplied by the Civil Code contrary to morals, good customs or public policy shall compensate the latter for the
damage.
CASE: Insular v. Sun Life
The rules on contracts under the Civil Code apply when there is no applicable provision Abuse of Right Doctrine
in the Insurance Act. • Art. 19, 20, & 21 deal with the “abuse of right” doctrine
Facts: The Insurance Act is silent on when a contract of life annuity is perfected. The Civil o Art. 19 – provides a rule of conduct consistent with an orderly & harmonious
Code’s provisions on the perfection of contracts, however, that offer & acceptance must relationship between & among men & women; it condifies justice & fair play
concur in a perfected contract. The Civil Code further states that there is only an § Given Art. 19, a right, though by itself legal, may nevertheless
acceptance from the date such acceptance comes to the knowledge of the offerer. becomes the source of illegality
Held: SC applied the provisions on the perfection of contracts in the Civil Code to § Ex. A debtor can be liable under Art. 19 for disposing of its property –
supplement the deficiencies in the Insurance Act, & thus held that there was no a perfectly legal act – in order to escape the reach of a creditor
Art. 22. Every person who through an act of performance by another, or any other CASE: De Lima v. Laguna
means, acquires or comes into possession of something at the expense of the latter Facts: The pauper litigants were the aggrieved parties in a collision case. They appealed
without just or legal ground, shall return the same to him. the decision of the lower court to the Court of Appeals on some points of law not on the
question of interest that should be awarded to them. Before SC, they pointed out new
Unjust Enrichment matters which they did not point out before the Court of Appeals, which is generally not
• No person can unduly profit on something which does not meritoriously belong to allowed by remedial law.
him or her Held: SC adopted a liberal stance. It took into consideration the fact that, at the Court of
Appeals stage, the pauper litigants – heirs of the victim in the traffic accident – did not
CASE: Obana v. CA appeal because they hoped that the transportation company would pay the damages
No one shall unjustly enrich himself at the expense of another by holding on to property awarded by the lower court; yet the company instead appealed to the Court of Appeals,
no longer belonging to him. delaying the case which had already been running for 30 years. SC took this as a dilatory
Facts: Buyer 1 bought 170 cavans of palay from the seller. Though Buyer 1 had yet to tactic on the part of the transportation company.
fully pay, he sold & delivered the palay to Buyer 2. Buyer 2 later learned that the palay
was only partially paid for, & Buyer 2 was reimbursed by Buyer 1 for the difference. But CASE: Sps. Domingo v. Astorga
Buyer 2 never delivered the palay back to the seller. Facts: One of the parties claimed to be disadvantaged by a contract. Yet the parties
Held: Having been repaid the purchased price by Buyer 1, the sale, as between Buyer 1 executed the contract, implemented it for a lengthy period of time, & benefited from the
& 2, had been voluntarily rescinded, hence divesting Buyer 2 of any claim to the rice. contract. There were also no ambiguous provisions in the contract.
Buyer 2 should thus return the rice to the seller. Held: The party is not disadvantaged, since it was proven that the parties undertook
lengthy negotiations before the contract was finalized. Also, the party was good in
CASE: Pacific Merchandising Co. v. Consolacion Insurance & Surety Co. business.
Facts: The receiver of certain properties, without approval of the court which appointed
him as receiver, entered into an indemnity agreement whereby he bound himself as Art. 25. Thoughtless extravagance in expenses for pleasure or display during a period of
principal to the obligations of the corporation under receivership. A creditor then sought acute public want or emergency may be stopped by order of the courts at the instance of
payment of construction materials & improvements made on a theater owned by the any government or private charitable institution.
corporation under receivership. But the received refused to pay, on the ground that in
another court case the theater was adjudicated to belong to the receiver, not the Extravagance During Emergency
corporation under receivership. • Note that the law explicitly provides which entities have legal standing to seek an
Held: The owner-receiver must reimburse the creditor for the cost of improvements, as injunction: any government or private charitable institution
he benefited from it. Where one has rendered services to another, & these services are
accepted by the latter, in the absence of proof that the service was done gratuitously, it CLASS DISCUSSION (M)
is but just that he should pay a reasonable remuneration therefor. Q: Mt. Pinatubo exploded. I wanted to throw a party anyway. My heavily affected
neighbors wanted to sue me for being too extravagant in time of calamity. Can my
CASE: Republic v. Ballocanog neighbors stop me?
Facts: A person, in good faith, invested money to develop & grow fruit-bearing trees on A: NO. Only a government or private charitable institution can stop me.
land. Later, it was discovered that the land was actually property of the State.
Held: SC recognized that the land as State property, but ordered the State to pay the Art. 26. Every person shall respect the dignity, personality, privacy, & peace of mind of
person the value of the actual improvements made. his neighbors and other persons. The following and similar acts, though they may not
constitute a criminal offense, shall produce a cause of action for damages, prevention
Art. 23. Even when an act or event causing damage to another's property was not due to and other relief:
the fault or negligence of the defendant, the latter shall be liable for indemnity if through (1) Prying into the privacy of another's residence;
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(2) Meddling with or disturbing the private life or family relations of another; o A chief of police is liable for his failure to give assistance to the complainants,
(3) Intriguing to cause another to be alienated from his friends; though it was his official duty to do so as an officer of the law.
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in o A mayor is personally liable for illegally dismissing policemen even if the
life, place of birth, physical defect, or other personal condition. mayor has relinquished his position.
CASE: RCPI v. Verchez Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor
Facts: A family in Sorsogon sent a telegram to a family member in Manila, seeking through the use of force, intimidation, deceit, machination or any other unjust,
money for their ailing mother. The telegram company was negligent in failing to send the oppressive or highhanded method shall give rise to a right of action by the person who
telegram & not immediately informing the family of the delay. There was a filial thereby suffers damage.
disturbance which resulted from this failure, with the siblings blaming one another for
failing to respond to the emergency of their mother. Art. 29. When the accused in a criminal prosecution is acquitted on the ground that his
Held: SC awarded damages based on Art. 26 (2) – the disturbance of the peace of mind guilt has not been proved beyond reasonable doubt, a civil action for damages for the
of the family. same act or omission may be instituted. Such action requires only a preponderance of
evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond
CASE: Hing v. Choachuy to answer for damages in case the complaint should be found to be malicious.
Facts: A neighbor installed video surveillance cameras directed on a neighboring If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court
business office without the consent of the latter’s owner. shall so declare. In the absence of any declaration to that effect, it may be inferred from
Held: This is a violation of the right to privacy under Art. 26 (1). The owner had the right the text of the decision whether or not the acquittal is due to that ground.
to exclude the public or deny them access.
Proof Beyond Reasonable Doubt
CLASS DISCUSSION (M) • Amount of proof which forms an abiding moral certainty that the accused
Q: A went to the red light district, paid a prostitute, & was caught having sex with the committed the crime charged
prostitute by the husband’s wife. Can the wife file a case invoking Art. 26 (2) in the Civil • Not absolute certainty, but still more exacting than what is needed in a civil case
Code, against the prostitute?
A: NO. Because the prostitute did not meddle or disturb. The prostitute was the Preponderance of Evidence
PURSUED, rather than the pursuer. • As a whole, the evidence adduced by one side outweighs that of the adverse party
Q: What is the recourse of the wife? • This is the amount of proof needed in civil cases
A: It can still fall under Art. 20, given that prostitution is vagrancy under the RPC.
• If the guilt of the accused is not proven beyond reasonable doubt, he may still be
made civilly liable since only preponderance of evidence is needed
Art. 27. Any person suffering material or moral loss because a public servant or
employee refuses or neglects, without just cause, to perform his official duty may file an
CASE: Mendoza v. Alcala
action for damages & other relief against the latter, without prejudice to any disciplinary
Facts: The accused was acquitted of estafa. But the decision acquitting him did not state
administrative action that may be taken.
that the fact from which the civil action might arise did not exist. It also did not state that
the acquittal of the defendant was based on reasonable doubt.
Relief Against Public Officials Held: The acquittal of the defendant in the criminal case was predicated on the
• A public official is supposed to be an agent or at least a representation of conclusion that his guilt of the crime charged has not been proved beyond reasonable
government doubt. Hence, it does not preclude a suit to enforce the civil liability from the same
• The law exerts on said officials a duty to be very vigilant & just so that the public is transaction which was the subject matter of the criminal action.
ensured that the government is truly effective in serving their needs • “Any liability that is owed is civil in character” shows that a civil case can still be
• A public officer who commits a tort or other wrongful act done in excess of beyond pursued
the scope of his duty, is not protected by his office, & is personally liable to affected • It was previously held that a statement that “the guilt of the defendant has not
private individuals been satisfactorily established” is considered based on reasonable doubt.
• Examples:
o The president of a state college, in bad faith & despite the decision & Art. 30. When a separate civil action is brought to demand civil liability arising from a
directives of the Office of the Bureau of Public Schools, refused to graduate a criminal offense, & no criminal proceedings are instituted during the pendency of the
student with honors, even if the student honestly deserved them. The student civil case, a preponderance of evidence shall likewise be sufficient to prove the act
was awarded damages. complained of.
o A register of deeds assists in the fraudulent procurement of a certificate of
title in violation of the Land Registration Act, damages may be awarded under Civil Obligation Arising from a Criminal Offense
Art. 27.
Mistake in identity was an instance of Mistake in identity makes a marriage void Art. 6. No prescribed form or religious rite for the solemnization of the marriage is
fraud that made the marriage annullable ab initio (Art. 35) required. It shall be necessary, however, for the contracting parties to appear personally
before the solemnizing officer & declare in the presence of not less than 2 witnesses of
legal age that they take each other as husband & wife. This declaration shall be
Default property regime is the conjugal Default property regime is absolute contained in the marriage certificate which shall be signed by the contracting parties &
property of gains community of property their witnesses & attested by the solemnizing officer.
In case of a marriage in articulo mortis, when the party at the point of death is unable to
sign the marriage certificate, it shall be sufficient for one of the witnesses to the
marriage to write the name of said party, which fact shall be attested by the solemnizing
officer.
CASE: Gomez v. Lipana
Validity of a marriage is governed by the laws effective at the time of the celebration of Legal Capacity
the marriage • Refers to age; both parties must be 18 years old & above
Facts: The SC was confronted with the issue of whether or not a 2nd marriage is void and • If any party is below 18, the marriage is void even if the parents of the underage
could be the subject of a collateral attack. party consented
• Incestuous marriages (Art. 37) & marriages against public policy (Art. 38) are also
not allowed
Art. 14. In case either or both of the contracting parties, not having been emancipated Q: What if father disagrees to the marriage, but the mother agrees? Can the local civil
by a previous marriage, are between the ages of 18 & 21, they shall, in addition to the registrar suspend the license?
requirements in the preceding articles, exhibit to the local civil registrar, the consent to A: No. The local civil registrar cannot withhold the license even if it is defective, unless he
their marriage of their father, mother, surviving parent or guardian, or persons having goes to court & gets an injunction through the court; OR if the applicant is a foreigner
legal charge of them in the order mentioned. Such consent shall be manifested in with no documents from the embassy.
writing by the interested party who personally appears before the proper local civil
registrar, or in the form of an affidavit made in the presence of 2 witnesses & attested Q: X is a local civil registrar who one day forgot to bring his glasses to work. A couple
before any official authorized by law to administer oaths. The personal manifestation came before him without birth or baptismal certificates, but through his blurred eyes they
shall be recorded in both applications for marriage license, & the affidavit, if one is looked about 50. He approved their license without recording defects. It turns out, both
executed instead, shall be attached to said application. of the contracting parties were actually just 20 years old, but they already got married
after the registrar issued their license. Is their marriage valid?
No Emancipation by Marriage A: Yes, the marriage is valid, as they are both within the age of legal capacity.
• There is no more emancipation by marriage under the Family Code; emancipation
is attained if the child reaches the age of 18 year as of R.A. 6809 (Dec. 13, 1989). Art. 15. Any contracting party between the ages of 21 & 25 shall be obliged to ask their
• Previously, age of majority was 21 years old parents or guardian for advice upon the intended marriage. If they do not obtain such
• Marrying age & age of majority is now 18 years old advice, of it be unfavorable, the marriage license shall not be issued until after 3 months
• “Not having been emancipated by previous marriage” is now repealed following the completion of the publication of the application therefor. A sworn statement
by the contracting parties to the effect that such advice has been sought, together with
Parental Consent the written advice given, if any, shall be attached to the application for marriage license.
• This is needed when one of the contracting parties is at least 18 years old but Should the parents or guardian refuse to give any advice, the fact shall be stated in the
above & below 21 years of age; in this case, consent of the persons having legal sworn statement.
charge of them will be necessary, in the following order:
o Father Art. 16. In cases where parental consent or parental advice is needed, the party or
o Mother parties concerned shall, in addition to the preceding articles, attach a certificate issued
o Surviving parent by a priest, imam or minister, authorized to solemnize marriage under Art. 7 of this Code
o Guardian or persons having legal charge of them or a marriage counselor duly accredited by the proper government agency to the effect
• Non-compliance with the parental consent makes a marriage valid until it is that the contracting parties have undergone marriage counseling. Failure to attach said
annulled (Art. 45, FC) certificate of marriage counseling shall suspend the issuance of the marriage license for
a period of 3 months from the completion of the publication of the application. Issuance
of the marriage license within the prohibited period shall subject the issuing officer to
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administrative sanctions but shall not affect the validity of the marriage. • LCR cannot withhold the license; he can only note down the particulars of the
Should only one of the contracting parties need parental consent or parental advice, the impediments & his findings in the application for a marriage license
other party must be present at the counseling referred to in the preceding paragraph. • LCR is duty-bound to issue license after the payment of necessary fees, after the
completion of the period of publication or the 3-month period for those who did not
Parental Advice get parental advice or marriage counseling
• Absence of parental advice does not affect marriage; it does not even qualify as a o BUT: Recall that parties who are indigent need not pay the fees
ground for annulment • Purpose of Art. 18 is to “eliminate any opportunity for extortion.”
• Only court intervention can empower the LCR to refuse to issue said license. This
Art. 17. The local civil registrar shall prepare a notice which shall contain the full names can be brought either by (1) the LCR himself or (2) interested parties.
& residences of the applicants for a marriage license & other data given in the o “Interested parties” – contracting parties’ parents, brothers, sisters, existing
applications. The notice shall be posted for 10 consecutive days on a bulletin board spouse, if any, & those who will be prejudiced by the marriage
outside the office of the local civil registrar located in a conspicuous place within the o If, despite the court injunction, the LCR issues the license, the marriage
building & accessible to the general public. This notice shall request all persons having solemnized through that license will still be valid. But the party responsible for
knowledge of any impediment to the marriage to advise the local civil registrar thereof. the irregularity shall be held civilly, criminally, & administratively liable.
The marriage license shall be issued after the completion of the period of publication.
Criminal Liability of LCR
Duty of the Local Civil Registrar • Marriage Law of 1929 has laws regarding the liability of the LCR, which were never
• The marriage license shall be issued after the completion of the period of repealed
publication. o Influencing parties in religious respects – Any LCR who tries to directly or
• If parties are 21-25 years of age & do not obtain the advice of their parents, or if indirectly influence the contracting party to marry or refrain from marrying in
such advice is unfavorable, the local civil registrar shall not issue the license till any church, sect, or religious or before a civil authority shall be guilty of a
after 3 months following the completion of the publication therefor. misdemeanor & may be imprisoned
o BUT: If the marriage license is somehow issued within the 3-month period & o Illegal issuance or refusal of license – Any LCR who issues a license
the couple get married, their marriage is valid & not annullable. unlawfully or maliciously refuses to issue a license to a person entitled
• If there is no consent for those 18-21 years of age, there is no 3-month period of thereto or fails to issue the same within 24 hours after the time when,
withholding; the license is automatically released. according to law, it was proper to issue the same, shall be punished & may be
• If the couple is not able to obtain parental consent (for 18-21 years old) or parental imprisoned & fined
advice (for 21-25 years old), the failure of the parties to attach their certificate for
marriage counseling will suspend the issuance of the license for a period of 3 Art. 20. The license shall be valid in any part of the Philippines for a period of 120 days
months from the completion of the publication of the application. from the date of issue, & shall be deemed automatically cancelled at the expiration of
o Issuance of the marriage license within the prohibited period will make the said period if the contracting parties have not made use of it. The expiry date shall be
issuing officer administratively liable, but it shall not affect the validity of the stamped in bold characters at the face of every license issued.
marriage.
Marriage License & Date of Issue
Art. 18. In case of any impediment known to the local civil registrar or brought to his • License is valid only within the Philippines & not abroad
attention, he shall note down the particulars thereof & his findings thereon in the • The date of the signing of the LCR is the date of issue
application for a marriage license, but shall nonetheless issue said license after the • From the date of issue, it should be claimed by the parties
completion of the period of publication, unless ordered otherwise by a competent court o If it is not claimed & therefore not used within 120 days, it shall
at his own instance or that of any interested party. No filing fee shall be charged for the automatically become ineffective
petition nor a corresponding bond required for the issuance of the order.
Art. 21. When either or both of the parties are citizens of a foreign country, it shall be
Art. 19. The local civil registrar shall require the payment of the fees prescribed by law or necessary for them before a marriage license be obtained, to submit a certificate of legal
regulations before the issuance of the marriage license. No other sum shall be collected capacity to contract marriage, issued by their respective diplomatic or consular officials.
in the nature of a fee or a tax of any kind for the issuance of said license. It shall, Stateless persons or refugees from other countries shall, in lieu of the certificate of legal
however, be issued free of charge to indigent parties, that is, those who have no visible capacity, submit an affidavit stating the circumstances showing such capacity to contract
means of income or whose income is insufficient for their subsistence, a fact established marriage.
by their affidavit, or by their oath before the local civil registrar.
Certificate or Affidavit of Legal Capacity
Investigative power of LCR & Court Intervention • Citizens of any foreign country may contract marriage in the Philippines, but they
must secure a marriage license locally
Art. 56. The petition for legal separation shall be denied on any of the following grounds: Recrimination or Equal Guilt
1) Where the aggrieved party has condoned the offense or act complained of; • Doctrine of Clean Hands
2) Where the aggrieved party consented to the commission of the offense or act • Pari delicto – when 2 parties have acted in bad faith, it is considered as them
complained of; having acted in good faith
3) Where there is connivance between the parties in the commission of an • CASE: Ong v. Ong – A husband beats his wife up & wants the dismissal of the
offense or act constituting the ground for legal separation; legal separation case that she filed; he claimed that it was she who
4) Where both parties have given ground for legal separation; abandoned him. SC ruled that his abuse was a justified cause for her
5) Where there is collusion between the parties to obtain the decree of legal abandonment; thus, the legal separation is possible because no equal guilt
separation; or was involved.
6) Where the action is barred by prescription.
Collusion
Art. 57. An action for legal separation shall be filed within 5 years from the time of the • Collusion is a corrupt agreement
occurrence of the cause. o An agreement between H & W looking to procure LS
§ Agreement for one of them to commit, or appear to commit
Condonation an act that will lead to LS
• Act of forgiving the offense after its commission § Agreement to suppress or fabricate evidence
o Implies condition of future good behavior § May be express or implied
• Subsequent offense of spouse nullifies the condonation & revives the initial • In collusion, the existence of grounds for LS are fabricated
offense • While collusion is a corrupt agreement, connivance is a corrupt consenting
o Condonation of adultery obtained by a false pretense of repentance • CASE: Ocampo v. Florenciano – There could not have been collusion, even if
may cause the revival of the original offense, although there is only a the wife admitted she “liked also” to get the LS, because she confessed to
presumption, & no real proof, of the adultery adultery to the fiscal, which could have gotten her imprisoned.
• CASE: Ocampo v. Florenciano – Failure of the husband to actively look for o Collusion cannot be inferred from the mere fact that the guilty party
adulterous wife after she left the conjugal home is not condonation confesses to the offense & thus enables the other party to procure
• CASE: Almacen v. Baltazar – Act of giving money to erring wife & the fact that evidence necessary to prove it.
no action was taken against her are sufficient to establish condonation
o May be express or implied & requires no sex Prescription
• Must be filed within 5 years from THE OCCURRENCE OF THE CAUSE
Consent o NOT discovery
• When either of the spouses agreed to or did not object, despite full knowledge, o Ex. If husband discovers wife had sex 6 years ago with another man,
to the act giving rise to the ground for legal separation he can no longer file
• Agreement to live separately & that they will not object to the other’s sexual • Civil Code – prescriptive period is 1 year from the discovery of the cause, but
infidelity has been declared void but, though void, is an expression of consent not later than 5 years from the occurrence of the cause
Art. 64. After the finality of the decree of legal separation, the innocent spouse may Art. 67. The agreement to revive the former property regime referred to in the preceding
revoke the donations made by him or by her in favor of the offending spouse, as well as article shall be executed under oath & shall specify:
the designation of the latter as a beneficiary in any insurance policy, even if such 1) The properties contributed anew to the restored regime;
designation be stipulated as irrevocable. The revocation of the donations shall be 2) Those to be retained as separate properties of each spouse; &
recorded in the registries of property in the places where the properties are located. 3) The names of all their known creditors, their addresses, & the amounts owing to
Alienations, liens, & encumbrances registered in good faith before the recording of the each.
complaint for revocation in the registries of property shall be respected. The revocation The agreement of revival & the motion for its approval shall be filed within the court in
of or change in the designation of the insurance beneficiary shall take effect upon the same proceeding for legal separation, with copies of both furnished to the creditors
written notification thereof to the insured. named therein. After due hearing, the court shall, in its order, take measures to protect
The action to revoke the donation under this Article must be brought within 5 years from the interests of creditors & such order shall be recorded in the proper registries of
the time the decree of legal separation has become final. property.
The recording of the order in the registries of property shall not prejudice any creditor not
Donations & Beneficiary in Insurance listed or notified, unless the debtor-spouse has sufficient separate properties to satisfy
• Donations are acts of gratuity & liberality, so the innocent party has the option the creditor’s claim.
to revoke the donation or designation
Effect of Reconciliation
• Designation of the guilty spouse as beneficiary – considered revoked after
written notification thereof to the insured • Couple will file a Joint Manifestation of Reconciliation in court
o Pending LS will be terminated
Art. 70. The spouses are jointly responsible for the support of the family. The expenses Legitimate Profession
for such support & other conjugal obligations shall be paid from the community property • The spouses need no prior consent of the other to engage in any legitimate
&, in the absence thereof, from the income or fruits of their separate properties. profession, occupation, business or activity.
• The husband violates R.A. 9262 (VAWC Law) when he compels his wife to desist
Art. 71. The management of the household shall be the right & duty of both spouses. The from pursuing a profession, or otherwise controlling or restricting her movement,
expenses for such management shall be paid in accordance with the provisions of Art. and can be punished by law
70. • Generally, the spouse’s exercise of a legitimate profession, occupation, business or
activity is considered to have redounded to the benefit of the family, making the
Art. 72. When one of the spouses neglects his or her duties to the conjugal union or conjugal partnership or absolute community liable
commits acts which tend to bring danger, dishonor & injury to the other or to the family, • BUT when a spouse makes an isolated transaction, such as being a guarantor for a
the aggrieved party may apply to the court for relief. 3rd person’s debt, it is not considered to redound to the benefit of the family, &
does not hold community property liable
Expenses for Support & Household Management o UNLESS proofs exist which show the direct benefit accrued by the family
Art. 79. For the validity of any marriage settlement executed by a person upon whom a Art. 81. Everything stipulated in the settlements or contracts referred to in the preceding
Art. 89. No waiver of rights, interests, shares, & effects of the ACP during the marriage
can be made except in case of judicial separation of property.
When the waiver takes place upon a judicial separation of property, or after the marriage
31 NOT discussed by freshmen
Nature of Acquired Property Using Separate Properties Section 3. CHARGES UPON & OBLIGATIONS OF THE ABSOLUTE COMM UNITY
• Art. 109 (4), FC: one of the exclusive properties of the spouses in relation to the
CPG is that which is purchased with the exclusive money of the wife or husband Art. 94. The absolute community of property shall be liable for:
o This is not so for ACP; there is no provision on ACP regarding exclusive 1) The support of the spouses, their common children, & legitimate children of either
properties. Thus, it can be the assumed intention of the Code spouse; however, the support of illegitimate children shall be governed by the
Commission to make the husband & wife truly a single community provisions of this Code on Support;
2) All debts & obligations contracted during the marriage by the designated
• If a marriage settlement provides that the 1M won by the husband in the
administrator-spouse for the benefit of the community, or by both spouses, or by
sweepstake prior to the marriage shall remain separate during the marriage,
one spouse with the consent of the other;
the stipulation is valid.
3) Debts & obligations contracted by either spouses without the consent of the other
o If, using the said amount, the husband subsequently buys a house
to the extent that the family may have been benefited;
which is used as a family home, the house cannot be considered his
4) All taxes, liens, charges, & expenses, including major or minor repairs, upon the
separate property but a part of the ACP.
community property;
§ Reasons:
5) All taxes & expenses for mere preservation during marriage upon the separate
• The absence of a counterpart provision to Art. 109
property of either spouse used by the family;
(4) for ACP
6) Expenses to enable either spouse to commence or complete a professional or
• Art. 93, FC: Property acquired during the marriage vocational course, or other activity for self-improvement;
is presumed to belong to the community unless it 7) Antenuptial debts of either spouse insofar as they have redounded to the benefit
is provide that that it is one excluded therefrom. of the family;
• Art. 91, FC: Unless otherwise provided in this
chapter or in the marriage settlement, the
community property shall consist of all the
32 The book shares another point of view (to which the author does not agree) – An object bought using separate property, proceeds
properties owned by the spouses at the time of the obtained from the sale of separate property, or items received by way of exchange or barter of the separate properties excluded in
Art. 91 & 92 will not necessarily make said object part of the ACP. Otherwise, it would be easy to circumvent or negate the purpose of
celebration of the marriage or acquired thereafter
stipulations in a settlement. This view does not seem to have any support in the Family Code itself.
Katrina Monica C. Gaw | Block C 2018| 73
§After approval, parties can file for a revival; once revived, oSeparate property of each spouse is still liable when ACP is
however, no voluntary SOP may be granted thereafter (Art. insufficient for expenses incurred for the benefit of the family
141 [7]) • EXCEPTIONS to general rule are in Art. 100
o Involuntary – must be for a sufficient cause & must have court
approval (listed in Art. 135, FC) CLASS DISCUSSION (M)
1) Spouse of the petitioner has been sentenced to a penalty GR: The separation of the spouses does not affect the community property. For example,
which carries with it the penalty of civil interdiction; any salary earned by the separated spouse still pertains to the community property.
2) Spouse of the petitioner has been judicially declared an EXC: The listed terms in the provision.
absentee;
3) Loss of parental authority of the spouse of the petitioner has No Support
been declared by the court;34 • Spouse who leaves the conjugal home without just cause will not be entitled to
4) Spouse of the petitioner has abandoned the latter or failed support37
to comply with his obligations to the family as provided in o Fault must always be PROVEN
Art. 101; o Mere fact of leaving, which cannot be presumed as culpable, when
5) Spouse granted the power of administration in the marriage there is no evidence of any fault or guilt on the part of the one who
settlement has abused that power; separates, does not constitute a reason for annulling the right to
6) At the time of the petition, the spouses have been support
separated in fact for at least 1 year & reconciliation is highly • If spouse leaves for a valid cause, he shall still be supported by ACP
improbable. o ACP can be held liable for the support of the leaving spouse & for
expenses to enable the spouse to commence or complete a
Liquidation After Affidavit of Reappearance professional or vocational course, or other activity for self-
§ When a reappearing spouse or an interested person under Art. 41 files an improvement
affidavit of reappearance to terminate the 2nd marriage o ACP is liable still for all debts & obligations incurred by the separating
o Art. 43: Termination of 2nd marriage leads to dissolution of ACP/CPG spouse that redounds to the benefit of the family
§ If either spouse contracts a 2nd marriage in bad faith, his • If spouse who left is proven to be at fault or he left without just cause, the
share of the net profits of the ACP/CPG will be forfeited in erring spouse cannot be supported by the ACP even if he is a co-owner of the
favor of their common children, the children of the guilty same
spouse by a previous marriage or if there be none, the o Drastic penalty for disrupting the unity of the family
innocent spouse o BUT ACP may still be held liable for expenses incurred which are for
the benefit of the family (esp. those enumerated in Art. 94)
Art. 100.35 The separation in fact between husband & wife shall not affect the regime of
ACP except that: CLASS SCENARIO (M)
1) The spouse who leaves the conjugal home or refuses to live therein, without Q: Let’s say A & B, married, & co-own a condominium. B left the family home without just
just cause, shall not have the right to be supported;36 cause. B said that he just wants the rent of the condominium which anyway, he co-owns.
2) When the consent of one spouse to any transaction of the other is required by Can B have it?
law, judicial authorization shall be obtained in a summary proceeding; A: NO, because of Art. 100 (1).
3) In the absence of sufficient community property, the separate property of both
spouses shall be solidarily liable for the support of the family. The spouse Court Authorization
present shall, upon proper petition in a summary proceeding, be given judicial • When the consent of the other spouse is required by law, judicial authorization
authority to administer or encumber any specific separate property of the other shall be obtained in a summary manner (Art. 239-248, FC)
spouse & use the fruits or proceeds thereof to satisfy the latter’s share. • Any of the spouses, whether or not he was the one who left the home & even
without valid cause for having left, can seek judicial relief
Effect of Separation in Fact
• Ex. Husband left home in bad faith & without valid cause. However, he needs
• Generally, ACP is not affected money to have funds to pay for the school matriculation fees of a common
o ACP will still be liable for all the obligations incurred by either spouse child for the latter’s education, & the only way to get money is to sell the car
for the benefit of the family that belongs to the ACP. In this case, the husband can seek for judicial
o Liable for all charges provided in Art. 94 authorization if the innocent spouse refuses to give her consent to the sale, or
if the consent cannot be obtained
34 For (1), (2), & (3), judicial decree is all that is needed
35 Art. 100 v. Art. 101 – Art. 100 is not really abandonment; it is just the refusal of one spouse to live in the same place as the other 37 Support is to be understood as it is defined in the Family Code; thus, anything necessary for sustenance & living, including food,
36 Only one that is solely addressed to the leaving spouse clothing, transportation, etc. will be withheld in this situation from the spouse who left.
Art. 103. Upon the termination of the marriage by death, the community property shall Nature of Interest of Heirs Prior to Liquidation
be liquidated in the same proceeding for the settlement of the estate of the deceased. • Art. 103 & 130 are similar (ACP & CPG); explanation here is valid for both
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the • While the spouses have an interest in the ACP/CPG, the spouses cannot claim
community property either judicially or extra-judicially within 1 year from the death of the any definite property at the time when the ACP/CPG is still in existence
deceased spouse. If upon the lapse of said period, no liquidation is made, any • Upon the death of one spouse, the right of the heirs vest
disposition or encumbrance involving the community property of the terminated o The right of succession of a person are transmitted from the moment
marriage shall be void. of death
Should the surviving spouse contract a subsequent marriage without compliance with o Thus, if the deceased is survived by a spouse & compulsory heirs (like
the foregoing requirements, a mandatory regime of complete separation of property shall the legitimate children), the ACP/CPG (which was dissolved by the
govern the property relations of the subsequent marriage. death of the spouse) evolves into a co-ownership between the
surviving spouse & the kids
Void Sales under Art. 103 o Example: If the surviving wife & three of her kids divide a property,
• A sale of community property is void automatically if: she gets ½ of the property & her kids get a share as well, so that:
1. It is sold without the liquidation of the community property after 1 year § Wife gets 5/8 = 1/2 + 1/8
following the death of one of the spouses § Children get 1/8 each
2. It is sold with liquidation of the community property, but while the o Each co-owner owns the whole, & over it he exercises rights of
liquidation process is not yet complete dominion, but at the same time he is the owner of just a share
§ Until the division is effected, such share cannot be
Liquidation Upon Death concretely determined
• Judicial partition (Sec. 2, Rule 73 of the Rules of Court): When a marriage is • As co-owner, the spouse or heirs can undertake any act of dominion over their
dissolved by the death of a spouse, the community property shall be interest, but not over a specific concrete property
inventoried, administered & liquidated, & the debts thereof paid, in the estate o Art. 493, CC: Each co-owner shall have the full ownership of his part &
or intestate proceedings of the deceased spouse the fruits & benefits pertaining thereto, & he may therefore alienate,
assign, or mortgage it, although the effect of the alienation or
Katrina Monica C. Gaw | Block C 2018| 77
mortgage shall be limited to the portion allotted to him in the division
upon the termination of the co-ownership Mandatory Complete Separation of Property
• Prior to liquidation & partition, the interest of an heir in the estate of the • Art. 103 & 130’s last paragraphs are identical
deceased person may be attached for purposes of execution, even if the estate o Applies when 1st marriage is terminated by one spouse’s death & not
is in the process of settlement before the courts due to JDNOM/JDAOM
o Rule 57, Rules of Civil Procedure: one of the properties that can be o If the surviving spouse validly marries again without liquidation of the
attached for purposes of execution is the “interest of the party properties of the previous marriage, the subsequent marriage is valid
against whom attachment is issued in property belonging to the but will be governed by complete separation of property automatically
estate of the decedent, whether as heir, legatee, or devisee.” § This is the only exception to the rule that, if there is no
o The right of participation in the estate & the lands thereof may be stipulation in a settlement, ACP governs the marriage
attached & sold even if the value of the heir’s share is indeterminable • Intended to prevent confusion of the properties of the 1st & 2nd marriage
before the final liquidation of the estate • If prior to the 2nd marriage & without liquidation of the assets of the 1st
o HOWEVER, the attachment is subject to the administration of the marriage, the parties execute a settlement, the settlement is void
estate – administrator retains control over all the properties & will still
have the power to sell them, if necessary, for the payment of the Art. 104. Whenever the liquidation of the community properties of 2 or more marriages
debts of the deceased contracted by the same person prior to the effectivity of the Family Code is carried out
• It is only AFTER LIQUIDATION that definable property can be claimed & simultaneously, the respective capital, fruits, & income of each community shall be
adjudged to them from the remainder of their properties after satisfaction of determined upon such proof as may be considered according to the rules of evidence. In
ALL the obligations which the community properties must pay case of doubt as to which community the existing properties belong, the same shall be
o Specific, concrete properties CANNOT BE DONATED by any co-heir divided between & among the different communities in proportion to the capital &
prior to liquidation & partition duration of each.
• CASE: Anderson v. Perkins – The administrator of the deceased spouse sought
to sell certain properties allegedly owned by the deceased spouse. SC issued Simultaneous Liquidation
an order stopping the sale, because the widow claims that the properties are • Refers to at least 2 marriages contracted prior to Aug. 3, 1988
either part of the CPG or completely owned by herself, & at the time the sale • Involves a situation where the community properties of each marriage are to be
was made, no proceedings had yet been started to segregate the alleged liquidated simultaneously
exclusive property from the mass of the estate left by the deceased. SC said • Determination of the inventoried properties, including their fruits & income,
that the issue of ownership must first be resolved through liquidation or an depends upon the proofs presented by the contending claimants in accordance
agreement reached between the widow & the administrator as to which with the rules of evidence
properties she would not mind being sold to preserve their value. At this point, • In case of doubt, the properties will be divided between or among the different
the sale is premature. communities in proportion to the CAPITAL & DURATION of each
• 5 foreseeable scenarios (assuming there are 2 marriages):
Claim Against the Estate
• Upon the death of any of the spouses, the community property is
Scenario 1: 2 marriages are equal in Solution
dissolved/terminated
duration & assets of each marriage are -Equal duration = divide P15,000 equally
o No complaint for the collection of indebtedness chargeable to the
unknown between the heirs of each marriage
community property may be brought against the surviving spouse
-Fair market value at time of liquidation -P7,500 for the heirs of the 1st marriage &
unless the surviving spouse has committed himself to be solidarily
= P15,000 P7,500 for the 2nd marriage
liable for the claim against the community property
Scenario 2: If the durations are not Solution
o If the claim is brought against the surviving spouse who did not
equal but the actual assets in each -Heirs of 1st marriage get a share of 2/5
commit himself to solidary liability & a judgment is rendered directing
particular marriage is unknown (2 out of 5 years) of the P15,000 =
the surviving spouse to pay the obligation, the judgment is VOID
-1st marriage lasted for 2 years; 2nd P6,000
o All debts chargeable to community property which has already been
marriage lasted for 3 years -Heirs of 2nd marriage get a share of 3/5
dissolved must be claimed & paid in the settlement of estate
-FMV of inventoried assets at the time (3 out of 5 years) of the P15,000 =
proceedings of the deceased spouse
of liquidation = P15,000 P9,000
• Reason: Upon the death of one spouse, powers of administration of the
Scenario 3: If the durations are Solution
surviving spouse ceases & is passed on to the administrator appointed by the
equal, they cancel each other out & the -Heirs of 1st marriage get a share of 1/3
court having jurisdiction over the settlement of the estate
prorating will be based on the amount (P1,000 out of P3,000) of P15,000 =
o Surviving spouse is not even a de facto administrator
of the known assets in each particular P5,000
o Conveyances made by him of any specific property prior to the
marriage -Heirs of 2nd marriage get a share of 2/3
liquidation of the mass of the community property is VOID
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-FMV of inventoried assets = P15,000 (P2,000 out of P3,000) of 15,000 = 1) Fruits of their separate properties
-Value of the 1st marriage’s assets = P10,000 2) Income from their separate work or industry
P1,000 • Fruits of paraphernal properties (i.e., separate properties of the wife) form part
-Value of the 2nd marriage’s assets = of the assets of the CPG & are subject to the payment of the debts & expenses
P2,000 of the spouses, but not to the payment of the personal obligation of the other
Scenario 4: Durations of each Solution spouse, unless it be proved that such obligations were productive of some
marriage are different & the assets of -Heirs of 1st marriage get 2/5 (2 out of 5 benefit to the family
each marriage are equal & known years) of P15,000 = P6,000 • “Effort” – an activity or undertaking which may or may not be rewarded
-FMV of inventoried assets = P15,000 -Heirs of 2nd marriage get 3/5 (3 out of 5 • “Chance” – activities like gambling or betting
-Each marriage has an identical P5,000 years) = P9,000 • No unilateral declaration by one spouse can change the character of a CPG
worth of assets each o CPG is determined by law & not by the will of one of the spouses
-Duration of 1st marriage is 2 years • Proof of acquisition of the property during the marriage suffices to render the
-Duration of 2nd marriage is 3 years *NOTE: Same effect as Scenario 2 statutory presumption of conjugality
Scenario 5: Durations of each Solution • Dissolution of marriage – the net gains or benefits obtained shall be divided
marriage are different, the amount of -(Duration of marriage x Assets of equally between the spouses, unless they stipulated otherwise in their
assets of each marriage are known, & marriage), & then prorate this amount settlement
the amount of the assets to be -Heirs of 1st marriage = • If prior to the effectivity of the FC on Aug. 3, 1988, the spouses were already
inventoried at the time of the (2 years x P1,000)/(5 years + P3,000) = under the CPG, the property regime will continue after that date, but will now be
liquidation has been ascertained 2/8 of P15,000 = P3,750 governed by the provisions of the FC, UNLESS vested rights have already been
-Duration of 1st marriage is 2 years, -Heirs of 2nd marriage = acquired under the CC or another law.
with assets of P1,000 (3 years x P2,000)/(5 years + P3,000) = o There is no automatic conversion of the CPG from CPG to ACP upon
-Duration of 2nd marriage is 3 years, 6/8 = P11,250 the effectivity of the FC.
with assets of P2,000
CASE: Heirs of Protacio Go v. Servacio
CHAPTER 4: CONJUGAL PARTNERSHIP OF GAINS If there are already rights vested upon the heirs under the Civil Code, then it is the rules
under the Civil Code that will govern to ensure no prejudice of vested rights.
Section. 1. GENERAL PROVISIONS Facts: The spouses married prior to the effectivity of the Family Code. The wife also died
prior to the enactment of the Family Code. The heirs sold some portions of the undivided
Art. 105. In case the future spouses agree in the marriage settlements that the regime of properties prior to the liquidation. Under the Family Code, this would have made the
CPG shall govern their property relations during marriage, the provisions of this Chapter entire sale void.
shall be of suppletory application. Held: SC held that, since the wife died prior to the enactment of the Family Code, the
The provisions of this Chapter shall also apply to CPG already established between the provisions of the Civil Code will apply – the heirs already had a vested right on their
spouses before the effectivity of this Code without prejudice to the vested rights already respective shares of the property left corresponding to the share of the deceased wife for
acquired in accordance with the Civil Code or other laws as provided in Art. 256. inheritance. And under the Civil Code, the sale is not totally void – the only rights
affected are those of the selling heirs with respect to their individual shares.
Art. 106. Under the regime of CPG, the husband & wife place in a common fund the The remedy of the aggrieved heirs would be to file an action for partition, so that the
proceeds, products, fruits, & income from their separate properties & those acquired by properties will finally be liquidated & distributed. The specific properties that will be
either or both spouses through their efforts or by chance, & upon dissolution of the adjudicated corresponding to the selling heirs will be the ones retained by the buyer who,
marriage or of the partnership, the net gains or benefits obtained by both spouses shall while the case was pending, held the whole property as trustee.
be divided equally between them, unless otherwise agreed in the marriage settlements.
Art. 107. The rules provided in Art. 88 & 89 shall also apply to CPG.
40 Refers to the equal division of a benefit from an estate; in this case, split equally between the spouses (A)
No Criminal Liability for Adultery of Wife Artificially Inseminated w/o Consent of Husband
46 The phrase states “either parent,” but admittedly, even if a woman complains on these grounds, she cannot impugn the child; only
CLASS SCENARIO Art. 174. Legitimate children shall have the right:
Q: A & B are married. A & C got into a bigamous marriage. A & C have a child, C Jr. In the 1) To bear the surname of the father & the mother, in conformity with the provisions
birth certificate of C Jr., it was C who signed as father. of the Civil Code on Surnames;
A: As between a presumption of fact (the signature of C in the birth certificate) and a 2) To receive support from their parents, their ascendants, & in proper cases, their
presumption of law (a child born in a legitimate marriage is legitimate), the latter brothers & sisters, in conformity with the provisions of this Code on Support;
prevails. C’s argument will thus fail. 3) To be entitled to the legitime & other successional rights granted to them by the
Q: A impugns C Jr. Who can file a petition to claim the legitimate status of the child Civil Code.
making C the parent?
A: The child, C Jr. Rights of Legitimate Children
Petition to claim legitimacy is transmissible to the heirs, but the petition to claim • Greatest & preferential sum of rights is given to the legitimate child
illegitimacy is not transimissible to the heirs.
Legitimate Child Illegitimate Child
SECOND PARAGRAPH: Filing Claims & Proof Has his lifetime to file an Has his lifetime to file an
1. Open & continuous possession of status of a legitimate child – the continuous action to claim action to claim illegitimacy only
possession must be spontaneous, with, clear, willing, intentional declaration of filiation legitimacy, regardless of if he uses proofs under par. 1
(it should not be because of pity, anger, or annoyance) the type of proofs of Art. 172.
provided for in Art. 172
Katrina Monica C. Gaw | Block C 2018| 114
If he uses proofs under par. 2 The action must be brought within the same period as specified in Art. 174, except when
of Art. 172, he only has until action is based on the 2nd par. of Art. 172, in which case the action may be brought
the lifetime of the parent during the lifetime of the alleged parent.
Transmission to Right to file an action to Right of an illegitimate child is
Heirs of Right to File claim legitimacy can be not transferrable to his heirs Obligation of Father to Illegitimate Child
Claim transmitted to his heirs • Support
(Art. 173) • (Possibly) a surname
Support in the Same Entitled to receive Entitled to receive support only
Direct Line support from any of his up to his grandparents & his Claim of Illegitimate Children
ascendants & grandchildren (Art. 195 [2], [3]) • A child is born outside a valid marriage or inside a void marriage, except Art. 54
descendants (Art. 195 & • If a philandering husband has a concubine, a child of such concubine by said
199) philandering husband is surely illegitimate
Successional Rights Gets 1 whole portion as Gets ½ of the legitime of a o Illegitimate child may file an action to claim his illegitimate status
legitime, as compared to legitimate child o BUT if the concubine has her own spouse, the child cannot file an
the illegitimate child action to claim his illegitimate status against the philandering
Surname Principally bears the Generally bears the surname of husband thought the latter is his natural father
surname of his father the mother § The child is born in the valid marriage of the concubine &
(Art. 364, CC) her own husband, so the child is legitimate, but under this
Inheriting ab Legitimate child can No right to inherit ab intestato marriage the concubine’s spouse is the one with the power
intestato* inherit ab intestato from from the legitimate children & to file a case to impugn the legitimacy o the child
the legitimate children & relatives of his father or § If concubine’s spouse never files a case, the child will
relatives of his father or mother (Art. 992, CC) continue to be the legitimate child of the concubine & her
mother spouse, & not the illegitimate child of the concubine & the
philanderer
*Example: X has a legitimate child Y. § To allow a child to file a case to claim his illegitimate status
• Y has 2 children: 0, who is legitimate, & P, who is illegitimate would allow him to impugn his legitimate status, which
• If Y dies before X, then X later dies… cannot be done
o O will inherit from X by right of representation, as Y would have § Only concubine’s spouse & his heirs can file a case
inherited had he not died prior to X (Art. 970-973, CC) regarding the child’s legitimacy
o P cannot inherit by right of representation, because illegitimate § The child can only file to claim his illegitimate status if the
children cannot inherit from legitimate relatives (Art. 992, CC), such concubine’s spouse or his heirs are successful in
as X, though X is P’s grandfather questioning his legitimacy under the marriage of the
• RULE: Illegitimate children are entitled to support until their grandparents, but concubine & her spouse
they get no inheritance from their grandparents • Child must have proofs of filiation & must follow
o Inheritance of illegitimate children is limited to inheritance from their prescriptive periods
parents
Proofs
CLASS SCENARIO (M) • Same proofs in Art. 172 may be used for illegitimate children in proving filiation
Q: The child can actually use the surname of the father OR the mother (Carulasan case). • Explanation in Art. 173 is also applicable to 174
The mother’s surname can be used if there are COMPELLING REASONS. In that case, the • A judicial testimony which has not been rebutted or disputed by the alleged
child tried to change his surname because he did not like the surname “Carulasan” father is sufficient to prove paternity
because it is hard to pronounce Is that enough to use the mother’s surname? • CASE: Mendoza v. CA – Established the rules of evidence in proving paternity
A: NO. That reason is not considered compelling. o “Any other means allowed by the Rules of Court” – may consist of a
Q: Can a child take out the middle name which he got from his mom? combination of various proofs, such as: baptismal certificate, family
A: NO. bible, common reputation respecting his pedigree, admission by
silence, the testimonies of witnesses, other kinds of proof admissible
CHAPTER 3: ILLEGITIMATE CHILDREN in Rule 130 of the Rules of Court
o The father’s grandparents also admitted that the daughter in the case
Art. 175. Illegitimate children may establish their illegitimate filiation in the same way & was their son’s child
on the same evidence as legitimate children.
Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, Sec. 2. Declaration of Policies. – (a) It is hereby declared the policy of the State to ensure
within 5 years from the time their cause of action accrues. that every child remains under the care and custody of his/her parent(s) and be provided
with love, care, understanding and security towards the full and harmonious
Prescriptive Period development of his/her personality. Only when such efforts prove insufficient and no
• Rights here are understood to be successional rights appropriate placement or adoption within the child's extended family is available shall
o Those who can be prejudiced – legal heirs of parents adoption by an unrelated person be considered.
o If the legitimated child continued to be illegitimate, said child would (b) In all matters relating to the care, custody and adoption of a child, his/her interest
only be given half the inheritance of a legitimate child shall be the paramount consideration in accordance with the tenets set forth in the
• If the legitimation is irregular, the heirs can file suit to protect their rights United Nations (UN) Convention on the Rights of the Child; UN Declaration on Social and
• Cause of action: only upon the death of the parents of the legitimated child Legal Principles Relating to the Protection and Welfare of Children with Special
• Even an adopted child can be a prejudiced heir of his adopter & his natural Reference to Foster Placement and Adoption, Nationally and Internationally; and the
parents in case a child of the said parents is legitimated Hague Convention on the Protection of Children and Cooperation in Respect of Inter-
country Adoption. Toward this end, the State shall provide alternative protection and
TITLE VII. – ADOPTION assistance through foster care or adoption for every child who is neglected, orphaned, or
(Repealed) abandoned.
Domestic Adoption Act of 1998 [RA 8552] - Feb. 25, 1998 Sec. 3. Definition of Terms. (a) “Child” is a person below 18 years of age. [Note the
(Only relevant provisions are cited) difference in R.A. 9523 below]
(b) "A child legally available for adoption" refers to a child who has been voluntarily or
involuntarily committed to the Department or to a duly licensed and accredited child-
56 Relevant Note: This is the definition of children that ma’am told us to search for
Qualifications
• Relatives by blood or affinity are not excluded from adopting one another
• A sister can adopt a brother, a stepfather can adopt a stepchild, etc.
• Adoption tries to approximate natural filiation as much as possible, but it is still
the best interest of the child or the one to be adopted which is the principal
consideration
• Conviction is necessary to exclude a possible adopter
Aliens
• Aliens, whether resident or non-resident, can generally adopt as long as they
have the qualifications possessed by a Filipino national to adopt
• There are, however, additional conditions:
1) His country has diplomatic relations with the Republic of the Philippines
Katrina Monica C. Gaw | Block C 2018| 121
2) He has been living in the Philippines for 3 continuous years prior to the (c) The legitimate and adopted sons/daughters, 10 years of age or over, of the
filing of the application for adoption & maintains such residence until the adopter(s) and adoptee, if any;
adoption decree is entered (d) The illegitimate sons/daughters, 10 years of age or over, of the adopter if living with
3) He has been certified by his diplomatic or consular office or any said adopter and the latter's spouse, if any; and
appropriate government agency that he has the legal capacity to adopt in (e) The spouse, if any, of the person adopting or to be adopted.
his country, & the government allows the adoptee to enter his country as
his adopted son or daughter Written Consent
• Certificate of residency & certificate of eligibility requirements may be waived if • Mandatory written consent of biological parents, as well as others
the alien who intends to adopt is either of the ff.: o Consent of parents to the adoption is not an absolute requisite
1) A former Filipino citizen who seeks to adopt a relative within the 4th civil § If the natural parents have abandoned their children,
degree of consanguinity or affinity consent by the guardian ad litem & the proper government
2) One who seeks to adopt the legitimate the son/daughter of his Filipino agency suffices
spouse § Abandonment – total cessation of all parental duties
3) One who is married to a Filipino citizen & seeks to adopt jointly with his • A period of 6 months is given for the biological parent to reconsider permission
spouse a relative within the 4th civil degree of consanguinity or affinity of to adopt, but after this, the decision becomes irrevocable
the Philippine spouse • Parent has to be properly counseled before the adoption decree can be given
Joint Adoption of Husband & Wife CLASS DISCUSSION (M)
• Mandated by law for family harmony Q: Can you adopt a person who is married?
• BUT there are exceptions to the rule; for example, a husband may choose to A: Yes. Though as a general rule, only a minor may be adopted, there are cases where
adopt his illegitimate child, though not jointly those of majority age may be adopted, provided that he qualifies based on statutory
requirements. This is proven by Section 9 (e).
CLASS DISCUSSION Q: Should the consent be in an affidavit form?
Q: Can you adopt your older sister or brother? A: It need not be. But by practice, courts ask for an affidavit form of written consent. But
A: No. You can only adopt your younger siblings. in that one particular case,
Sec. 8. Who May Be Adopted. – The following may be adopted: CLASS DISCUSSION (M)
(a) Any person below 18 years of age who has been administratively or judicially declared Written consent of the BIOLOGICAL parent is needed. Also, the legal father (adopter)’s
available for adoption; consent is needed.
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that Sec. 13. Decree of Adoption. – If, after the publication of the order of hearing has been
of legitimacy; complied with, and no opposition has been interposed to the petition, and after
(d) A person of legal age if, prior to the adoption, said person has been consistently consideration of the case studies, the qualifications of the adopter(s), trial custody report
considered and treated by the adopter(s) as his/her own child since minority; and the evidence submitted, the court is convinced that the petitioners are qualified to
(e) A child whose adoption has been previously rescinded; or adopt, and that the adoption would redound to the best interest of the adoptee, a decree
(f) A child whose biological or adoptive has died: Provided, That no proceedings shall be of adoption shall be entered which shall be effective as of the date the original petition
initiated within 6 months from the time of death of said parents. was filed. This provision shall also apply in case the petitioner(s) dies before the
issuance of the decree of adoption to protect the interest of the adoptee. The decree
Who May Be Adopted shall state the name by which the child is to be known.
• Situations when someone who is not a minor can be adopted:
o When the child adopted is the illegitimate child of the adopter Effectivity of Adoption Decree
o When the child to be adopted is the legitimate child of his spouse • The adoption decree is considered effective from the date of the original
o De facto adoption - When the child is consistently treated as a child of petition of adoption was filed
the adopted during minority o NOT when the decree became final
• However, if the child to be adopted murders someone during the proceedings
Sec. 9. Whose Consent is Necessary to the Adoption. – After being properly counseled for adoption, while the child still lives with his biological parents, the biological
and informed of his/her right to give or withhold his/her approval of the adoption, the parents are the ones who pay due to the principle of vicarious liability
written consent of the following to the adoption is hereby required:
(a) The adoptee, if 10 years of age or over; Registration
(b) The biological parent(s) of the child, if known, or the legal guardian, or the proper
government instrumentality which has legal custody of the child;
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• It is the duty of the interested parties or petitioners to register the adoption • An adopted child is an intestate heir of the adopter, along with the legitimate,
decree in the LCR of the municipality where the decree was issued legitimated & illegitimate children of the said adopter
• The LCR of the place where the birth certificate was issued must also be sent a • The adopter & the adoptee are mutually legal or intestate heirs of each other
copy o If the adopter is survived only by his adoptee, the latter gets the whole
of the estate of the deceased
Sec. 16. Parental Authority. – Except in cases where the biological parent is the spouse • Biological parents will not get anything from the adopted child, because all
of the adopter, all legal ties between the biological parent(s) & the adoptee shall be legal ties are severed between them
severed and the same shall then be vested on the adopter(s).
Right of Representation
Severance of Legal Ties • The adopted child does not have the right of representation in the law of
• Right to parental authority is purely personal succession
• Cannot be waived or renounced except in the cases provided by law – like • Right of representation - In the event that his father dies, a legitimate son has a
adoption right of representation to inherit from his grandfather
• All legal ties between the natural parents & the adoptee are terminated o This right stems from his blood relation with his grandfather, not with
o Exception: when the biological parent is the spouse of the adopter his father
§ Both parents will exercise joint parental authority over their o In adoption, however, the relationship between adopted & adopting
common children parents is made by law & not by blood; thus, no right of
representation vests upon the adopted child
CLASS DISCUSSION (M)
The biological authority of the parent is terminated, but also, ALL legal ties between the Testate Succession
biological parent & the adoptee shall be severed & the same shall then be vested on the • If the adoptee & his biological parents had left a will, the law on testamentary
adopter. This includes succession, in the opinion of M, except in testate succession. succession shall govern
• The adoptee has the same rights as the legitimate child
Sec. 17. Legitimacy. – The adoptee shall be considered the legitimate son/daughter of o If an adoptee concurs with an illegitimate child, the illegitimate child
the adopter(s) for all intents & purposes and as such is entitled to all the rights & gets ½ of what the adoptee gets
obligations provided by law to legitimate sons/daughters born to them without • If the adoptee leaves a will & specifies his biological parents, the free portion of
discrimination of any kind. To this end, the adoptee is entitled to love, guidance, and the will can be given to the biological parents
support in keeping with the means of the family. • But the adopting parents are the ones who are compulsory heirs; the biological
parents are not compulsory heirs
Effects of Adoption
• Parental authority of natural parents is dissolved CLASS DISCUSSION (M)
o It becomes the adopter, for example, who must give their consent to the Succession is a purely statutory concept also. Ineffective disinheritance can be applied
marriage of an adopted child between 18-21 years old to an adopted child, and also preterition. But an adopted child has no right of
o Upon the death of the adoptive parents, no rights or duties are representation.
reestablished with the natural parents
• Relations established by adoption is limited to the adopting parents & does not 20. Effects of Rescission. – If the petition is granted, the parental authority of the
Sec.
extend to the other relatives, except as expressly provided by law adoptee's biological parent(s), if known, or the legal custody of the Department shall be
o The relationship is only one of parent & child restored if the adoptee is still a minor or incapacitated. The reciprocal rights and
o The adopted child is not related to the ascendants, descendants or obligations of the adopter(s) and the adoptee to each other shall be extinguished.
collateral relatives of the adopter The court shall order the Civil Registrar to cancel the amended certificate of birth of the
o Neither is the child of the adopted considered the descendant of the adoptee and restore his/her original birth certificate.
adopted (i.e. if the adopted child has a child too, the law does not Succession rights shall revert to its status prior to adoption, but only as of the date of
presume that the child is the grandchild of the adoptive parents) judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be
respected.
Sec. 18. Succession. – In legal and intestate succession, the adopter(s) and the adoptee All the foregoing effects of rescission of adoption shall be without prejudice to the
shall have reciprocal rights of succession without distinction from legitimate filiation. penalties imposable under the Penal Code if the criminal acts are properly proven.
However, if the adoptee and his/her biological parent(s) had left a will, the law on
testamentary succession shall govern. Inter-country Adoption of 1995 [RA 8043] – Dec. 26 1995
Art. 214. In case of death, absence or unsuitability of the parents, substitute parental CLASS SCENARIO (M)
authority shall be exercised by the surviving grandparent. In case several survive, the Q: A & B are cousins. X & Y are parents of A. B saw X hit A in front of his other cousins.
one designated by the court, taking into account the same consideration mentioned in Can A be compelled to testify?
the preceding article, shall exercise the authority. A: No. Because his testimony is not indispensible, as his cousins are beside him who
also saw the crime. But A’s testimony is indispensible, then he can be compelled to
Substitute Parental Authority of Grandparents testify still.
• In the absence or incapacity of the parents, the grandparents are the most
natural, suitable & logical persons to exercise parental authority CLASS DISCUSSION (A)
• Takes into consideration the choice of the child above 7 years old 1. Remember that custody is not the equivalent of parental authority
2. Remember that parental authority terminates when one reaches the age of 18
Art. 215. No descendant shall be compelled, in a criminal case, to testify against his
parents and grandparents, except when such testimony is indispensable in a crime CHAPTER 2: SUBSTITUTE & SPECIAL PARENTAL AUTHORITY
against the descendant or by one parent against the other.
Art. 216. In default of parents or a judicially appointed guardian, the following persons
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shall exercise substitute parental authority over the child in the order indicated: o License is non-transferrable
1) The surviving grandparent, as provided in Art. 214; o Shall be used only by the person or institution to which it was issued
2) The oldest brother or sister, over 21 years of age, unless unfit or disqualified; & at the place stated therein
3) The child’s actual custodian, over 21 years of age, unless unfit or disqualified. • Proper function & purpose of the child welfare agency must be clearly defined
Whenever the appointment of a judicial guardian over the property of the child becomes
necessary, the same order of preference shall be observed. Transfer of Parental Authority
• Transfer of parental authority for unfortunate children shall be entrusted in a
Substitute Parental Authority summary proceeding to heads of children’s homes, orphanages or other similar
• Have all the rights given to parents in Art. 220 institutions (following Art. 253)
• Same authority over the person of the child as the parents (Art. 233) • The transfer of parental authority over the child can be voluntary or involuntary
• They shall also be civilly liable for the injuries & damages caused by the acts or • When done involuntarily:
omissions of the unemancipated children living in their company & under their o DSWD or authorized representatives or a child-placement agency
parental case (Art. 221) having knowledge of a child who appears to be dependent,
o Substitute parental authority is more encompassing than special abandoned or neglected may file a petition for involuntary
parental authority; the latter is usually for minors, & only for special commitment of said child
occasions or authorized activities o After commitment, parents or guardians shall thereafter exercise no
• A person who is not even related to an unemancipated child & who was not authority over him except upon such conditions as the court may
adopted by the same but who has actual custody of said child, may be liable for impose
the damages caused by said child o DSWD or agency becomes the legal guardian & will be entitled to
o At the same time, he may not inherit from the said child upon the custody & be responsible for his support
latter’s death, as he is not the heir at all • When done voluntarily:
• Order established is not mandatory o Parent of a neglected, abandoned or dependent child voluntarily
o If the brother is more qualified than the grandparent, the substitute commits the child to DSWD or a license child-placing agency or
parental authority may be granted to the brother individual
• But order must be observed when those enumerated are equally fit o He must be surrendered in writing by his parents or guardian
§ In case of death or legal incapacity of either parent of the
Art. 217. In case of foundlings, abandoned, neglected or abused children & other child for a period of at least 1 year, the other parent alone
children similarly situated, parental authority shall be entrusted in summary judicial has the authority to make the commitment
proceedings to heads of children’s homes, orphanages and similar institutions duly § Upon being surrendered, the rights of his natural parents,
accredited by the proper government agency. guardians or custodian over the exercise of parental
authority over him shall cease
Unfortunate Children o Agency will be entitled to custody & control of the child
• Foundling – newborn child abandoned by its parents who are unknown o Agency may intervene in adoption proceedings
• Abandoned – One who has no proper parental care or guardianship; or whose
parents or guardians have deserted him for a period of at least 6 continuous Art. 218. The school, its administrators and teachers, or the individual, entity or
months institution engaged in child care shall have special parental authority and responsibility
over the minor child while under their supervision, instruction or custody.
• Neglected – One whose basic needs have been deliberately unattended or
Authority and responsibility shall apply to all authorized activities whether inside or
inadequately unattended; two forms of neglect:
outside the premises of the school, entity or institution.
o Physical neglect – child is malnourished, ill clad & without proper
shelter
o Emotional neglect – child is maltreated, raped or seduced, exploited Art. 219. Those given the authority & responsibility under the preceding Art. shall be
or overworked or made to beg in the streets, or are placed in principally & solidarily liable for damages caused by the acts or omissions of the
situations of moral danger (abused children fall under here) unemancipated minor. The parents, judicial guardians or the persons exercising
substitute parental authority over said minor shall be subsidiarily liable.
• Dependent – One who is without a parent, guardian or custodian; or one whose
parent, guardian or custodian for good cause desires to be relieved of his care The respective liabilities of those referred to in the preceding par. shall not apply if it is
proved that they exercised the proper diligence required under the particular
& custody; dependent upon the public for support
circumstances.
All other cases not covered by this & the preceding articles shall be governed by the
Child Welfare Agency
provisions of the Civil Code on quasi-delicts.
• Child welfare agencies cannot be established temporarily or permanently
without a license secured from the DSWD
Liability of Persons Possessing Special Parental Authority
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• Special parental authority is given by law to: • Art. 2180, CC: Teachers or heads of establishments of arts & trades shall be
o School, its administrator & teachers liable for damages caused by their pupils & students or apprentices so long as
o Individuals, entities or institutions engaged in child care they remain in their custody.
• Can be exercised only while under their supervision, instruction or custody o There must be clear showing of negligence or laxness in the
o Also attaches to all authorized activities whether inside or outside the enforcement of discipline
school entity or institution o Applies if the students are no longer minor children
• They are civilly liable for the acts & omissions of the unemancipated minor o School itself cannot be held liable under Art. 2180, but may be held
o BUT liability shall not apply if it is proved that they exercised the liable under the principle of respondeat superior
proper diligence required under the particular circumstances § Master/employer is liable for the damages of
• Teacher must be teacher-in-charge servants/employees
o The one designated by the dean, administrative superior or principal § Same principle as special authority
to exercise supervision over the pupils in his assigned classes o To exculpate themselves, the school, teachers or heads of the
o Immediately involved in the students’ discipline as he has direct establishment must show that they took the necessary precautions to
control or influence over them prevent the injury complained of
o Example: A mere physics teacher who is not the teacher-in-charge is
not liable CLASS SCENARIO (A)
• Those with special authority are in loco parentis only with respect to the If a child destroys property in school, special authority is primarily liable for the damages,
unemancipated minors & their liability will attach only in such a case though the parents retain parental authority.
o Liability attaches while the minor is under their supervision,
instruction & custody & all authorized activities AMPY’S LIFE ADVICE
o “Being in the custody of the school” means the protective & If the school tells you to sign a waiver for your child’s field trip absolving them of liability,
supervisory custody these individuals have over the pupils for as long sign the document. The waiver is void insofar as the school & teachers are concerned
as they are in attendance in the school, including recess time when they negligently handle the field trip.
• Must be proven that the student is in the school premises in pursuance of a
legitimate student objective, in the exercise of a legitimate student right, & CHAPTER 3: EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE
even in the enjoyment of a legitimate student privilege CHILDREN
o Even if the student is just relaxing in the grass or talking to his friends
in school, he is within the custody of the school authorities Art. 220. The parents and those exercising parental authority shall have with respect to
• No distinction on whether the school is academic or non-academic (arts & their unemancipated children or wards the following rights and duties:
trades) 1) To keep them in their company, to support, educate & instruct them by right precept &
good example, & to provide for their upbringing in keeping with their means;
• Liability extends to the administrators of the school
2) To give them love and affection, advice and counsel, companionship & understanding;
3) To provide them with moral and spiritual guidance, inculcate in them honesty,
Liability of Persons Exercising Substitute Parental Authority
integrity, self-discipline, self-reliance, industry & thrift, stimulate their interest in civic
• Parents, judicial guardians & persons exercising parental authority over the affairs, & inspire in them compliance with the duties of citizenship;
minor are subsidiarily liable 4) To enhance, protect, preserve & maintain their physical & mental health at all times;
o Liable only if the principals cannot satisfy their liability 5) To furnish them with good and whole- some educational materials, supervise their
activities, recreation and association with others, protect them from bad company, &
Defense of Persons with Special Parental Authority prevent them from acquiring habits detrimental to their health, studies and morals;
• The liability under Art. 219 will not apply if it is proved that they exercised the 6) To represent them in all matters affecting their interests;
proper diligence required under the particular circumstances 7) To demand from them respect and obedience;
o This is not as strictly imposed as liability is upon parents, because it is 8) To impose discipline on them as may be required under the circumstances; &
assumed that parents have more influence over their children than 9) To perform such other duties as are imposed by law upon parents & guardians.
teachers do
• CASE: Ylarde v. Aquino – Not enough that a teacher told the kids “not to touch Representative of the Children
the stone” in an excavation site; to bring them there & then leave them there • Art. 220, par. 8: Parents have the duty to represent their children in all matters
by themselves is not something a reasonably prudent person would do. A affecting their interest
teacher who stands in loco parentis to his pupils must make sure that the o An offer to redeem a particular property made by the father on behalf
children are protected from all harm in his company. of his children is valid, as he is their natural guardian. It is not an act
of administration, but of representation of his children.
Quasi-Delict
Important Notes
• Definition of Children:
o Persons below 18 years, or
o Those unable to fully take care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition
Important Notes
Art. 254. Titles III, IV, V, VI, VII, VIII, IX, XI and XV of Book I of RA 386, otherwise known as CIVIL CODE OF THE PHILIPPINES
the Civil Code of the Philippines, as amended, & Articles 17, 18, 19, 27, 28, 29, 30, 31,
39, 40, 41, and 42 of PD 603, otherwise known as the Child & Youth Welfare Code, as TITLE X. FUNERALS
amended, & all laws, decrees, executive orders, proclamations, rules & regulations, or
parts thereof, inconsistent herewith are hereby repealed. Art. 305. The duty & the right to make arrangements for the funeral of a relative shall be
in accordance with the order established for support, under Art. 199 of the Family
Repealing Provision Code.58 In case of descendants of the same degree, or of brothers & sisters, the oldest
• For any implied repeals to operate, there must be substantial irreconcilable shall be preferred. In case of ascendants, the paternal shall have a better right.
conflict in connection with provisions in existing & prior acts with those of FC
Arrangements
Art. 255. If any provision of this Code is held invalid, all the other provisions not affected • Art. 199, FC states that the duty should devolve as follows:
thereby shall remain valid. o 1st – Spouse; in his absence or incapacity,
o 2nd – Descendants in the nearest degree; in absence or incapacity,
Separability § Preferred: the eldest descendant
• The invalidity of one provision will not necessarily invalidate the whole law o 3rd – Ascendants in the nearest degree;
• However, the invalidity of a particular provisions invalidates those other § Preferred: the paternal side
provisions which are affected by the said invalidity o 4th – In the absence of all the above, the brothers & sisters
§ Preferred: the eldest sibling
Art. 256. This Code shall have retroactive effect insofar as it does not prejudice or impair
vested or acquired rights in accordance with the Civil Code or other laws. Art. 306. Every funeral shall be in keeping with the social position of the deceased.
Retroactive Effect Art. 307. The funeral shall be in accordance with the expressed wishes of the deceased.
• Generally not favored In the absence of such expression, his religious beliefs or affiliation shall determine the
• CASE: Jovellanos v. CA – A husband, during his 1st marriage in 1955, entered funeral rites. In case of doubt, the form of the funeral shall be decided upon by the
into a contract to sell in installment over a specific property but the contract person obliged to make arrangements for the same, after consulting the other members
said the title would only fully vest upon the payment of the final installment. of the family.
o The husband paid partly by the conjugal funds of his 1st marriage &
partly by his own separate exclusive funds Kinds of Funerals
o The last installment was made in 1976 during the 2nd valid marriage
using conjugal funds of the 2nd marriage
58 Previously Art. 294 of the CC
Art. 412. No entry in a civil register shall be changed or corrected, without judicial order. Civil Registrar Law (Act. No. 3753)
• Provides for the registration of documents evidencing acquisition or
R.A. 9048 termination of a particular civil status such as legitimation, adoption, change of
• Art. 412 has been amended by RA9048, & the discussion of the text is under name, marriage, termination of such marriage & others
Art. 376
• Deals with corrections in the civil registry which involve merely typographical or ADDITIONAL INFORMATION AND RELATED SPECIAL LAWS
clerical errors, just like the concept in Art. 412
Laws on Marriage Effectivity Date
Administrative or Judicial Proceeding Marriage Law of 1929 December 4, 1929
• Except for clerical or typographical errors or change in the name or nickname of Civil Code of 1950 August 30, 1950
a person, a change in the entries must always pass through judicial order The Family Code August 3, 1988
o Clerical errors in surnames – can be changed without judicial order
o Occupation of parents – can also be changed without judicial order RA 9262: Anti-Violence Against Women and Children Act
o For the exceptions, the resolution of the Office of the LCR is Important Provisions
reviewable by the Office of the Civil Registrar General & by the courts Effectivity Date: March 23 2004
§ Procedure may be summary or adversarial
• Adversarial – if the changes involve substantial or Sec. 3. Definition of Terms. – As used in this Act:
controversial matters such as citizenship,
nationality, civil status & filiation (a) "Violence against women and their children" refers to any act or a series of acts
• For a change which will alter the status of a person (example, from legitimate to committed by any person against a woman who is his wife, former wife, or against a
illegitimate filiation), the general rule is that such change cannot be effectuated woman with whom the person has or had a sexual or dating relationship, or with whom
through Art. 412. he has a common child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical, sexual,
Rule 108 of the Rules of Court psychological harm or suffering, or economic abuse including threats of such acts,
• Procedural rules for the cancellation or correction of entries in the civil registry battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but
• Sec. 1 – Who may file a petition is not limited to, the following acts:
Sec. 11. How to Apply for a Protection Order. – The application for a protection order
must be in writing, signed and verified under oath by the applicant. It may be filed as an
independent action or as incidental relief in any civil or criminal case the subject matter
or issues thereof partakes of a violence as described in this Act. A standard protection