Source of Hindu Law. Who is Hindu 1. ConcepT of Hindu Marrige. 2. Theroy of divorce. 3. Ground of Maintenance. 4. Hindu Succession Act. HINDU MARRIAGE IS A SACRAMENT AND NOT A CONTRACTFull description
Full description
Persons and Family Relations Law Mnemonics Important Notes to Remember
Who are covered by the mandatory publication requirement as provided in Article 2 of the Civil Code? (PLACCCE) P = Presidential Decrees Presidential Decrees L = L a w s referring referring to all statutes A = A d m i n i s t r a t i v e rules and regulations C = Charter of of a city C = C i r c u l a r s by by the Monetary Board C = C i r c u l a r s which which prescribes a penalty E = E x e c u t i v e orders orders
Who are NOT covered by the mandatory publication requirement as provided in Article 2 of the Civil Code? (ILM) I = Interpretative statutes statutes L = L a w s referring referring to all statutes M = Municipal ordinances
What are the kinds of laws which allow retroactive application? (PPUT NICE) (Art. 4) P = P r o c e d u r a l or or remedial laws P = Penal laws laws favourable to the accused U = Unless it it is otherwise p r o v i d e d T = Tax laws which expressly declared or is clearly the legislative intent N = New rights (Laws creating new rights) (Laws I = Interpretativ e statutes C = C u r a t i v e or or remedial statutes E = Emergency laws laws Exception to the exception: (EI) E = E x p o s t f a c t o laws laws I = Laws that i m p a i r obligations of contracts obligations
What are the laws that allow execution against the provisions of mandatory or prohibitory laws? (Art. 5) PAVE P = Law that makes the act valid but punishes the punishes the violator A = Authorizes its Authorizes its validity V = Law that makes the act voidable E = Recognizes the validity of the act but recognizes its effects as legally existing
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Persons and Family Relations Law Mnemonics
What are the requisites of a valid waiver? (Art. 6) (CUE- CF) C = Full capacity to make a waiver U = Must be unequivocal E = Must exist at the time being waived C = Must not be contrary to public law, public policy, good customs, prejudicial to a third person F = When formalities are required, the same must be complied with.
What are the exceptions to waive a right? (C-PEN) C = Waiver is contrary to law P = Waiver is prejudicial to a third person without a right recognized by law. E = Alleged rights which really do not exist yet N = If a right is a natural right
What are the requisites to make a custom an obligatory rule? (PPTO) P = Plurarity or repetition of acts P = Practiced by the great mass of the social group T = Continued practice for a long time O = Obligatory upon all, customs accept it as a proper way
What laws are considered as exceptions to the territoriality rule of a law? (TPP) T = Treaty stipulations P = Laws on preferential application P = Principles of public international law
What are the elements of abuse of right? (LBP) L = Existence of a legal right and duty B = Exercised in bad faith P = The intent is to prejudice or injure another.
What are acts contra bonus mores or acts against good morals? (LCI) L = There is a legal act C = Which is contrary to morals, good customs, public order I = Done with an intent to injure
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Persons and Family Relations Law Mnemonics What are the requisites for unjust enrichment? (EJLA) E = Defendant has been enriched J = Enrichment is without just cause L = Plaintiff has suffered a loss A = He has no other action based on contract, quasi- contract or crime on quasi- delict
What are different independent civil action granted by law? (CDQR) C = Breach of constitutional right D = Defamantion, fraud Q = Quasi- delict R = Refusal or failure of city or municipal police to give protection.
What are the acts against human dignity? (PMIV) P = Prying into the privacy of another’s residence M = Meddling with or disturbing the private life of another I = Intruiging to cause another to be alienated from friends V = Vexing or humiliating
Who are the persons authorized to solemnize marriage? (PMJCCC) P = Priest, rabbi or imam M = Municipal/ city mayors J = Judiciary members C = Commanders of military unit C = Consul- generals, vice consuls C= Ship captains or airplaine chief
Marriages exempt from license requirement? (MOLAR) M = Muslims or members of ethnic cultural communities O = Solemnized outside the Philippines L = Husband and wife who lived together for 5 years A = In articulo mortis R = Remote places
What are authorized venues for marriage? (CCC) C = Chambers of judge or open court C = Church, chapel or temple C= Consul- general office
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Persons and Family Relations Law Mnemonics What are the requisites for psychological incapacity? J = Juridical antecedence I = Incurability G = Grave and serious
What are the essential elements of psychological incapacity? (MAFFCCI) M = Mental condition A = Applies to a person contracted to another F = Failure to perform/ comply with essential obligations of marriage F = Failure to perform is chronic C = Cause is psychological C = Cause is serious I = Incapacity results in failure of marriage
What are the jurisprudential guidelines for psychological incapacitated? (PROBEPIG) P = Permanent or incurable R = Root cause must be clinically indentified and alleged O = Obligations referred to in Article 68 – 71 B = Burden of proof E = Existing P = Permanent or incurable I = Interpretations of National Appellate G = Grave enough
What are examples of incestuous marriage? (C-KAAAPSSS) C = Collateral blood relatives K = Killed the latter spouse A = Adopting parent and adopted child (AP – AC) A = Adopted child and legitimated child of the adopter (AC – LC) A = Adopted children of the same adopter (AC – AC) P = Parents- in- law and children- in- law S = Surviving spouse of the adopting parent and the adopted child
Who can now marry each other? (LSGCA) L = Brothers-in- law, sisters-in-law S = Stepbrother and stepsister G = Guardian and ward C = Parties convicted of adultery A = Adopted and the illegitimate child
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Persons and Family Relations Law Mnemonics
Essential requisites of marriage (LC) L = Legal capacity of contracting parties (18 yrs old and above and not under any legal impediment) C = Consent freely given in presence of solemnizing officer
What are the formal requisites of marriage? (ALM) A = Authority of the solemnizing officer L = Valid marriage license M = marriage ceremony where the contracting parties appear.
What are the requisites for judicial declaration of nullity of marriage when it comes to missing spouse? (JAB) J = Judicial declaration of presumptive death A = Absence of spouse for 4 years, 2 years if there is danger of death B = Well- founded belief that the missing spouse is dead
Certain restrictions on the capacity to act? (Do not exempt the incapacitated person from certain obligations) Art. 38. MID- PC M = Minority I = Insanity or imbecility D = Deaf- mute P = Prodigality C = Civil interdiction Modifications and limitations on capacity to act (FIIITPPAAAD) F = Family relations I = Insanity I = Imbecility I = Insolvency T = Trusteeship P = Penalty P = Prodigality A = Age A = Alienage A = Absence D = Deaf- mute
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Persons and Family Relations Law Mnemonics
What are the grounds for annulment? FFIINS F = Force F = Fraud I = Incapability to consummate I = Insanity N = Non- consent of the contracting parties S = Sexually transmissible disease
What are the grounds for legal separation? SAMBALIPAD S = Sexual indifelity A = Attempt of the respondent to induce petitioner, a common child, or a child of the petitioner to engage in prostitution, or connivance in such corruption or inducement. M = Moral pressure to compel other to change religious or political belief B = Subsequent bigamous marriage A = Attempt of the respondent against the life of petitioner L = Lesbianism or homosexuality I = Imprisonment of more than 6 years P = Repeated physical violence A = Abandonment of the petitioner D = Drug addiction
What are the grounds for denial of petition for legal separation? CCCCMPDR C = Condonation of offense C = Consent to commit a crime C = Connivance of both parties C = Collusion M = Mutual guilt P = Prescription (within 5 years only) D = Death of either party R = Reconciliation
What are the effects of filing petition for legal separation? LDS L = They must live separately D = Designate husband, wife or 3 rd person to administer absolute community or conjugal partnership property S = No right to sexual intercourse
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Persons and Family Relations Law Mnemonics
What are the rights and obligations between husband and wife? JL-FORM J = Joint responsibility L = Live together F = Fix the family domicile O = Observe mutual love R = Render mutual help M = Joint management of household