Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations Republic Act No. 386 June 18, 1949
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law ·
The Civil Code of the Philippines AN ACT T R!A"N AN! "N#T"T$T% T&% C"'"( C!% ) T&% P&"("PP"N%# PR%("*"NAR+ T"T(% C&APT%R " %))%CT AN! APP("CAT"N ) (A#
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A-t. 1. This Act shll be /no0n s the Civil Code of the Philippines.2 n
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Code is a collection of laws of the same kind
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Civil Code is a collection of laws that regulate the relations of the members of society, society, with respect to their rights, obligations, with reference to persons, things and civil acts. The first Civil Code of the Philippines was the Civil Code of Spain of 188 by !oyal "ecree on #uly $1, 188, which became effective on "ecember 1, 188. %t was followed by !.&. 'o. $8( on #une 18, 188, but does not cover all our civil laws which can be found in other laws made by legislation The sources of the Civil Code include)
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The Spanish Civil Code
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Codes, *aws and #udicial decisions as well as other laws made by +urists of other countries "octrine laid down by the Supreme Court
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ilipino Customs and Traditions
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Philippine Statutes
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Code Commission
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The Civil Code contains --/ articles divided into 0 books %2Persons3 %2Persons3 %%2 Property Property,, 4wnership and it5s it5s 6odifications3 %%%2 "ifferent 6odes of &c7uiring 4wnership3 %2 4bligations and Contracts9. :owever, the amily Code repeals &rticles ;-21/0, $112$;;, $2 0/( of
ette after publishing the Code for circulation, the said Codebeing released &ugust $/, 10.
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%f the law does not provide for its effectivity or is silent, the law shall take effects 1; days following the completion of their publication
P"s, A4s, &dministrative !ules and !egulations whose purpose is to enforce or implement eBisting laws pursuant to a valid degulation9. 6onetary
A-t. 3. "7no-nce of the l0 e
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Averyone is presumed to know the laws due to the publication *egal maBim ?ignoratia legis non eBcusat5 Covers Philippine *aws, and is limited to mandatory and prohibitive laws 'ot applicable applicable to foreign laws, laws, and if a foreign foreign law is not properly pleaded and proven, it is presumed that such law is the same as our law doctrine of procedural presumption9. :owever, :owever, ignorance of the fact can eBcuse someone from the legal conse7uences of his conduct. %n specific instances, mistake as to difficult legal 7uestions has been given the same same effect as as mistake of fact
A-t. 4. (0s shll h ve no -et-octive effect, effect, unless the cont-- is p-ovided. 3 ·
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A-t. 5. (0s shll t/e effect ftefte- fifteen fifteen ds follo0in7 the copletion of thei- publiction in the fficil :ette, o- in ne0sppe- of ene-l Ci-cultion, unless it is othe-0ise p-ovided. This Code shll t/e effect effect one e- ftefte- such publiction. ended b %.. 5;;
Publication must be in the 4fficial =a>ette or in a newspaper of general circulation must have a bona fide subscriber base, published at regular intervals, and published for dissemination dissemination of local local news and general general information9 1; days after its publication2 effectivity is on the 1; th day after such publication 1; days following it5s it5s publication2 effectivity shall be th on the 1( day Publication is mandatory, mandatory, even if the law provides for it5s own effectivity and it must be published in full ?@nless it is otherwise provided5 refers to effectivity date 1; day period may be reduced or increased
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@nless provided for, laws shall have only and be construed as having only prospective effect leB prospicit, non respicit9. 4therwise, 4therwise, it may cause an arbitrary eBercise of legislative power !etroactive means that it shall affect transactions before the law became operative *aws that shall have retroactive effect are the following *aws that provide for its own effectivity with the eBception of the following laws9 AB post facto laws makes a previous act criminal even though it was not during the time it was committed9
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations ·
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hen the law impairs the obligations of contracts only laws eBisting at the time that the contract is eBecuted is applicable thereto9 ABercise of Police Police Power to regulate or govern certain certain activities or contracts is an eBception to this rule. Penal laws favorable to the accused as long as it is not a habitual delin7uent9 *aw is procedural or remedial lawsthose that do not take away or create new vested rights9 Curative *aws cures defects of a prior law or validates legal proceedings. %nstruments or acts of public authorities which would be void for want of conformity with eBisting legal re7uirements9 hen the *aw creates new substantive rights as long as they are not pre+udiced with another ac7uired right of the same origin9
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law ·
A-t. ?. (0s -e -epeled onl b subse@uent ones, nd theivioltion o- nonobse-vnce shll not be e
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A-t. =. Acts e
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6andatory2 commands something, Prohibitory2 commands that something should not be done, Permissive or directory2 directs that something should be tolerated or respected ABceptions to this rule are) hen the law makes valid something that generally should have been void hen the law makes the act valid, but punishes the violator hen the law merely makes an act voidable
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hen the law declares the act void, but recogni>es the legal effects arising from it
A-t. 6. Ri7hts be 0ived, unless the 0ive- is cont-- to l0, public o-de-, public polic, o-ls, o- 7ood custos, o- p-e>udicil to thi-d pe-son 0ith -i7ht -eco7ni:ed b l0. 4
!ights have $ elements) the sub+ect can be active2 those who are entitled to demand the enforcement of the right3 can be passive2 those who are duty bound to suffer its enforcemcent9 who are for persons for rights which eBist for persons only, the ob+ect which are services or things3 and the efficient clause which is the fact that gives rise to legal relation. Political rights are those that refer to the participation of individuals in the government of the state. Civil rights include those not covered by political rights and are classified into rights of personality or human rights9 and family rights which may not be waived, and patrimonial rights rights which may may be waived,
The re7uisites of a valid waiver are) 19 must have a right that he renounces, -9 must have the capacity to make the renunciation, $9 renunciation must be made in a clear and une7uivocal manner
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ABpress repeals are those contained in a particular provision of a subse7uent subse7uent law while while implied repeals are those that are incompatible with a earlier law and there is no eBpress repeal %mplied repeals are not favored because it relies on the presumption because because that the earlier earlier and subse7uent subse7uent laws are incompatible, there is an intent to repeal the earlier law. law. &ll doubts must be resolved against any implied repeal and that all efforts should be eBerted to harmoni>e and give effect to all laws on the sub+ect The re7uisites of an implied repeal are) 19 the laws cover the same sub+ect matter, -9 the latter is repugnant to the earlier irreconcilable irreconcilable inconsistency and incompatibility9 hen there is conflict between special statute and general laws, the special statute should prevail because it makes it legislative intent clearer than the general law, law, and shall be taken as an eBception to the general law in the absence of special circumstances circumstances forcing a contrary conclusion %f the general law is enacted before the special law, the latter is considered to be the eBception to the general law. %f the special law is enacted before the general law, the special law remains unless there is an eBpress declaration to the contrary, there is clear, necessary and irreconcilable irreconcilable conflict, and that the general law covers the whole sub+ect and is clearly intended to replace the special law on that matter hen a law is eBpressly repealed, it shall be repealed and shall not be revived unless eBpressly so provided. hen a law is implied to be repealed, it shall be repealed and shall be thereby be revived unless the repealing law provides otherwise %f laws, administrate acts, orders and regulations are inconsistent with the Constitution, they shall be considered as unconstitutional and invalid by the Supreme Court. The former shall be void and the latter shall govern
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law ·
A-t. 8. Judicil decisions pplin7 o- inte-p-etin7 inte-p-etin7 the l0s o- the Constitution shll fo- p-t of the le7l sste of the Philippines. n ·
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The #udicial department cannot enact laws since that is the duty of the legislative department. #udicial decisions of the SC form part of the legal system, but they are not laws. The doctrine of stare decisis means that once the SC has laid down a law applicable to a certain set of facts in the case, it shall adhere to that fact and apply it to all future cases that present the same set of facts.
A-t. 9. No >ud7e o- cou-t shll decline to -ende- >ud7ent b -eson of the silence, obscu-it o- insufficienc of the l0s. 6 ·
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%f there is no law that punishes an act, the +udge shall dismiss the case as per nullum crimen, nullum poena sine lege. @nder the 4ld Civil Code and current Civil Cod, if the law is silent, obscure or insufficient, the +udge shall apply the customs of the place, or the general principles of the law in default thereof
A-t. 1;. "n cse of doubt in the inte-p-ettion inte-p-ettion o- ppliction of l0s, it is p-esued tht the l0 /in7 bod intended -i7ht nd >ustice to p-evil. n ·
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ollows the legal maBim dura leB, seB led meaning that the law may be harsh and un+ust but that is what is stated or intended by the law D#ustice outside legalityE applies only in cases of absence of statutory or +udicial rules of procedure
A-t. 11. Custos 0hich -e cont-- to l0, l0, public o-de- opublic polic shll not be countennced. n ·
Customs are rules of conduct that are formed by repetition of acts, uniformly observed as a social rule, and legally binding and obligatory
A-t. 15. A custo custo ust be p-oved s fct, cco-din7 to the -ules of evidence. n ·
The re7uisites for the application of customs include)
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Plurality of acts, or various resolutions of a +udicial 7uestion raised repeatedly in life @niformity, @niformity, or identity of facts or various solutions to the +udicial 7uestion =eneral practice by a great mass of the social group
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Continued performance of these acts for a long period of time
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=eneral conviction that such practice corresponds to a +uridical necessity necessity or is obligatory obligatory The practice must not be contrary to public policy, policy, morals or order
A-t. 13. hen the l0s spe/ of e-s, e-s, onths, ds oni7hts, it shll be unde-stood tht e-s -e of th-ee hund-ed si
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%n an ordinary contract, the agreement of the parties shall prevail %f it refers to the period prescribed by the rules of Court, and the last day falls on a Saturday, Saturday, Sunday or legal holiday in the place where the Court is located, the last day shall be moved to the neBt working day.
A-t. 14. Penl l0s nd those of public public secu-it nd sfet shll be obli7to- upon ll 0ho live o- so>ou-n in the Philippine te--ito-, sub>ect to the p-inciples of public inte-ntionl l0 nd to t-et stipultions. 8
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Ambodies one of the principles of Criminal *aw2 =enerality ABceptions to such rules are the following)
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Treaty Stipulations
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*aws of Preferential Preferential &pplication
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Principles of Public %nternational *aw
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A-t. 1=. (0s -eltin7 to fil -i7hts nd duties, o- to to the sttus, condition nd le7l cpcit of pe-sons -e bindin7 upon citi:ens of the Philippines, even thou7h livin7 b-od. 9 ·
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"ivorce between ilipinos is not valid even if obtained abroad "ivorce obtained by foreigners in their country may be recogni>ed by our country provided that they are valid under their national law hen a foreigner obtains a valid divorce abroad, he is no longer is the spouse of the ilipino and therefore losses the standing to sue for adultery @nder &rt -( of the C, the foreign spouse can remarry if heFshe obtains a valid divorce, and the ilipino Spouse can remarry as well if they are capacitated to do so.
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law ·
A-t. 16. Rel p-ope-t s 0ell s pe-sonl p-ope-t p-ope-t is sub>ect to the l0 of the count- 0he-e it is stipulted. &o0eve-, &o0eve-, intestte in testte nd testent- successions, both 0ith -espect to the o-de- of succession nd to the ount of successionl -i7hts nd to the int-insic vlidit of testent- p-ovisions, shll be -e7ulted b the ntionl l0 of the pe-son 0hose succession is unde- conside-tion, 0hteve- be the ntu-e of the p-ope-t nd -e7-dless of the count- 0he-ein sid p-ope-t be found. 1;
C&APT%R 5 &$*AN R%(AT"N# n A-t. 19. %ve- pe-son ust, in the eustice, 7ive eve-one his due, nd obse-ve honest nd 7ood fith.
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The damage resulting from the legitimate and valid eBercise of one5s rights and performance of one5s duties is a loss without in+ury based on the legal maBim damnum abs7ue in+uria. The elements of abuse of rights are)
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There is a legal right or duty
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hich was eBercised in bad faith
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or the sole intent in pre+udicing or in+uring anothers
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@nder the principle of leB rei sitae, even if the real and personal properties properties are involved in the matter of testate and intestate succession of a decedent, what shall govern is the national law of the decedent in relation to the order of succession, amount of successional rights, and intristie validity of the will. The national law of the decedent also governs tha capacity to succeed as well. The !envoi doctrine refers to the issue when there is doubt to whether a reference to a foreign law is a reference to the internal law of the said foreign law, law, or a reference to the foreign law as a whole including its conflict rules
A-t. 1?. The fo-s nd solenities of cont-cts, cont-cts, 0ills, nd othe- public inst-uents shll be 7ove-ned b the l0s of the count- in 0hich the -e eect, public o-de-, public polic nd 7ood custos shll not be -ende-ed ineffective ineffective b l0s o- >ud7ents p-oul7ted, o- b dete-intions oconventions 7-eed upon in fo-ei7n count-. 11 11
A-t. 5;. %ve- pe-son 0ho, cont-- to l 0, 0ilfull one7li7entl cuses d7e to nothe-, nothe-, shll indenif the ltte- fo- the se. ·
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@nder leB loci celebrationis, the forms and solemnities of wills, contracts, and other public instruments are governed under the country to which they are eBecuted The intrinsic validity of the contract is governed by the proper law of the contract leB leB contractusi9 which may either be the law of the place voluntary agreed upon by them leB loci voluntaris9 or the law of the place intended eBpressly or impliedly leB loci intentionis9 The intrinsic validity of a will shall be governed by the national law of the decedent
A-t. 18. "n tte-s 0hich -e -e 7ove-ned b the Code of Coe-ce nd specil l0s, thei- deficienc shll be supplied b the p-ovisions of this Code. 16
%ndemnity shall be granted to the in+ured party if a person abuses his rights or acts acts in contrary to law
A-t. 51. An pe-son 0ho 0ilfull cuses loss o- in>u- to nothe- in nne- tht is cont-- to o-ls, 7ood custos o- public polic shll copenste the ltte- fo- the d7e. ·
The re7uisites for acts contra bonus mores are)
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There is an act which is legal
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%f there is no deficiency in abovementioned laws, then the provisions of the Civil Code cannot apply.
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6ere breach of promise to marry is not a ground for compensation, eBcept under the following circumstances There is deceit or fraud
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ABpenses have actually been occurred
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hen the women has been forcibly abducted and raped
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&n action for damages arising from malicious prosecution is anchored anchored upon &rt. -1, --1 and --1 89. :owever, the re7uisites must be satisfied to show there is malicious prosecution The fact of the prosecution and the further fact that the defendant himself was the prosecution, and that the action was finally terminated with ac7uittal %n bringing the action, the prosecutor acted without probable cause
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations ·
The prosecutor was impelled or actualled with legal malice that is sinister or improper malice
A-t. 55. %ve- pe-son 0ho th-ou7h n ct of pe-fo-nce b nothe-, nothe-, o- n othe- ens, c@ui-es o- coes into possession of soethin7 t the eust o- le7l 7-ound, shll -etu-n -etu-n the se to hi. ·
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&ccion in rem verso refers to the action for recovery of what has been paid or delivered without +ust cause or legal ground. %t is different from solutio indebti in that it refers to something has been received when they have no right to demand it or when the unduly delivered by mistake, they are obliged to return it. %t is only applied when) Payment is made when there is no binding relation between payor and and the person who received received the payment Payment is made through mistake and not liberality
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The re7uisites for accion in rem verso are
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"efendant has been enriched
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Plaintiff Plaintiff has suffered a loss or in+ury
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Anrichment of "efenadant is without +ust or legal ground Plaintiff Plaintiff has no other action based on contact, 7uasi2 contract, criminal or 7uasi2delict
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A-t. 53. %ven 0hen n ct o- event cusin7 d7e to nothe-s p-ope-t p-ope-t 0s not due to the fult o- ne7li7ence of the defendnt, the ltte- shll be lible fo- indenit if th-ou7h the ct o- event he 0s benefited. ·
Aven if an event or act causes loss or in+ury to another party is accidental accidental or fortuitous, fortuitous, the party party who benefited from such act will still be held liable under this article
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law ·
There is an acute public want or emergency
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The party seeking to stop such eBtravagance must be a government or charitable institution
A-t. 56. %ve- pe-son shll -espect the di7nit, pe-sonlit, p-ivc nd pece of ind of his hi s nei7hbo-s nd othepe-sons. The follo0in7 nd siil- cts, thou7h the not constitute c-iinl offense, shll p-oduce cuse of ction fo- d7es, p-evention nd othe- -eliefD 1 P-in7 into the p-ivc of nothe-s nothe-s -esidenceD -esidenceD 5 *eddlin7 0ith o- distu-bin7 the the p-ivte life o- fil fil -eltions of nothe-B 3 "nt-i7uin7 to cuse nothenothe- to be liented f-o f-o his f-iendsB 4 'e
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A-t. 5?. An pe-son suffe-in7 te-il o- o-l loss becuse public se-vnt o- eploee -efuses o- ne7lects, 0ithout >ust cuse, to pe-fo- his officil dut file n ction fod7es nd othe- -elief 7inst he ltte-, ltte-, 0ithout p-e>udice to n disciplin- dinist-tive ction tht be t/en. ·
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A-t. 54. "n ll cont-ctul, p-ope-t o- othe- -eltions, 0hen one of the p-ties is t disdvnt7e d isdvnt7e on ccount of his o-l dependence, i7no-nce, indi7ence, entl 0e/ness, tende- 7e o- othe- hndicp, the cou-ts ust be vi7ilnt fohis p-otection. ·
The Courts must be vigilant on the protection of the rights of the disadvantaged from the unscrupulous or those who use undue influence in entering into contracts
A-t. 5=. Thou7htless e
The following re7uisites must be present)
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This article is limited to refusal or neglect to perform official duties !e7uisites of action under &rticle - are) "efendant must be a public official charged with the performance of his his official official duties There is a violation of official duty in favor of an individual There is willfulness or negligence in he violation of such official duty There be an in+ury to an individual
A-t. 58. $nfi- copetition in 7-icultu-l, coe-cil oindust-il ente-p-ises o- in lbol bo- th-ou7h the use of fo-ce, intiidtion, deceit, chintion o- n othe- un>ust, opp-essive o- hi7hhnded ethod shll 7ive -ise to -i7ht of ction b the pe-son 0ho the-eb suffe-s d7e. ·
@nfair competition refers to the employment of deception or any other means against good faith to pass of goods he has manufactured or which he deals for
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations
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those of one who has established such goodwill. ABamples are the following) =iving their goods, the general appearance of another manufacturer or seller5s goods %nduces the false belief that they are offering the goods that re offered by another manufacturer or seller 6aking any false statement in the course of trade that is contrary to good faith of nature to discredit discredit the goods of another, business or services of another
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law A-t. 3;. hen sep-te civil ction i s b-ou7ht to dend civil libilit -isin7 f-o c-iinl offense, nd no c-iinl p-oceedin7s -e instituted du-in7 the pendenc of the civil cse, p-eponde-nce of evidence shll li/e0ise be sufficient to p-ove the ct coplined of. ·
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A-t. 59. hen the ccused in c-iin l p-osecution is c@uitted on the 7-ound tht his 7uilt hs not been p-oved beond -esonble doubt, civil ction fo- d7es fo- the se ct o- oission be instituted. #uch ction -e@ui-es onl p-eponde-nce p-eponde-nce of evidence. $pon otion of the defendnt, the cou-t -e@ui-e the plintiff to file bond to ns0e- fo- d7es in cse the coplint should be found to be licious. ·
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"elict or crime is a source of obligations. Avery person who is criminally liable for a felony is also civilly liable, based on the fact that he offends two parties) 19 the state whose law he violated3 -9 the individual member of that society through the same punishable act or omission The eBtinction of criminal action does not carry with it the eBtinction of civil action. Civil action based on delict may be eBtinguished if there is a finding in the +udgment of the criminal action that the act or omission from which civil liability may arise did not eBist &c7uittal based on reasonable doubt eBtinguishes civil damages only when there is a declaration declaration from the acts that the act or omission from which civil liability might arise did not eBist There are two liabilities based on article -, one is on social order and one is on private rights &rticle - presupposes that) Private offended party opted to collect civil damages on the basis of the others criminal liability arising from their offence under &rticle 1// !PC They have opted to institute civil action , eBpressly or impliedly within he criminal action &ccused was ac7uitted in criminal action based on reasonable doubt as to their guilt. The ground for ac7uittal was clearly declared or inferred from the +udgment of the court
"f in c-iinl cse the >ud7ent of c@uittl is bsed upon -esonble doubt, the cou-t shll so decl-e. "n the bsence of n decl-tion to tht effect, it b e infe--ed f-o the te
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Civil action is deemed to have been instituted within the criminal action unless such party has waived the civil action, reserves the right to institute such civil action separately or prior to the criminal action %f civil action is instituted prior to civil action, the former shall be suspended in whatever stage it may be until final +udgment for criminal action is rendered hen civil action is instituted but there is no criminal action, a preponderance of evidence shall shall be sufficient to prove the act complained of.
A-t. 31. hen the civil ction is i s bsed on n obli7tion not -isin7 f-o the ct o- oission coplined of s felon, such civil ction p-oceed independentl of the c-iinl p-oceedin7s nd -e7-dless of the -esult of the ltte-. ltte-. ·
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&rticle $1 does not provide for any independent civil action but an independent civil civil action based upon the same criminal act is provided for based on &rticles $-2 $0 & 7uasi2delict 7uasi2delict or culpa a7uiliana covers negligent and voluntary acts9 is a separate legal institution under the Civil Code. There, ac7uittal or conviction in the criminal case is irrelevant in the civil case. &c7uittal on the criminal case does not eBtinguish civil liability under 7uasi2delict, 7uasi2delict, which also covers acts acts which are criminal in character, both intentional and voluntary, or negligent. The same negligent act causing damages may produce a civil liability arising from a crime under &rt. 1// !PC or may create an action for 7uasi2delict 7uasi2delict or culpa eBtra2 contractual under &rt. &rt. -10 to -10 'CC.
A-t. 35. An public office- o- eploee, o- n p-ivte individul, 0ho di-ectl o- indi-ectl obst-ucts, defets, violtes o- in n nne- ipedes o- ipi-s n of the follo0in7 -i7hts nd libe-ties of nothe- pe-son shll be lible to the ltte- fo- d7esD 1 )-eedo )-eedo of -eli7ionB -eli7ionB 5 )-eedo )-eedo of speechB speechB 3 )-eedo to 0-ite fo- the p-ess o- to intin pe-iodicl publictionB 4 )-eedo f-o f-o -bit-- o- ille7l detentionB = )-eedo )-eedo of suff-7eB suff-7eB 6 The -i7ht 7inst dep-ivtion of p-ope-t 0ithout due p-ocess of l0B ? The -i7ht to >ust copenstion copenstion 0hen p-ivte p-ope-t is t/en fo- public useB
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations 8 The -i7ht to the e@ul p-otection p-otection of the l0sB 9 The -i7ht to be secu-e secu-e in ones ones pe-son, house, ppe-s, nd effects 7inst un-esonble se-ches nd sei:u-esB 1; The libe-t libe-t of bode bode nd of chn7in chn7in7 7 the seB seB 11 11 The p-ivc p-ivc of couniction couniction nd co--espon co--espondence denceBB 15 The -i7ht to to becoe ebeebe- of ssocition ssocitionss osocieties fo- pu-poses not cont-- to l0B 13 The -i7ht -i7ht to t/e p-t p-t in pecebl peceblee ssebl ssebl to petition the 7ove-nent fo- -ed-ess of 7-ievncesB 14 The -i7ht to to be f-ee f-o f-o involunt- involunt- se-vitud se-vitudee in n fo-B 1= The -i7ht of the the ccused ccused 7inst 7inst eudicill decl-ed unconstitutionlB nd 19 )-eedo )-eedo of cces ccesss to the cou-ts. cou-ts. "n n of the cses -efe--ed to in this -ticle, 0hethe- o- not the defendnts ct o- oission constitutes c-iinl offense, the 77-ieved p-t hs -i7ht to coence n enti-el sep-te nd distinct civil ction fo- d7es, nd fo- othe- -elief. #uch civil ction shll p-oceed independentl of n c-iinl p-osecution if the ltte- be instituted, nd t be p-oved b p-eponde-nce of evidence. The indenit shll include o-l d7es. %udicted. The -esponsibilit he-ein set fo-th is not dendble f-o >ud7e unless his ct o- oission constitutes violtion of the Penl Code o- othe- penl sttute. · ·
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!easons for the provision are) Threat to freedom arises from abuse of power of government officials and peace officers officers Aven when prosecuting attorney filed a criminal action, the re7uirment of proof beyone reasonable doubt prevented the appropriate appropriate punishment punishment "irect and open violations of !PC are not as fre7uent as the subtle, indirect, and clever ways which do not come within pale of the !PC =ood faith is not a defense under &rt. $-
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law A-t. 33. "n cses of deftion, f-ud, nd phsicl in>u-ies civil ction fo- d7es, enti-el sep-te nd distinct f-o the c-iinl ction, be b-ou7ht b the in>u-ed p-t. p-t. #uch civil ction shll p-oceed independentl of the c-iinl p-osecution, nd shll -e@ui-e onl p-eponde-nce of evidence. ·
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Civil action for damages allowed to be instituted is eB delicto. Physical in+uries not only those in the !PC and also frustrated, attempted and consummated homicide Criminal negligence is included under &rticle $$, civil action may proceed independently even if the crime charged is reckless imprudence
A-t. 34. hen ebe- of cit o- unicipl police fo-ce -efuses o- fils to -ende- id o- p-otection to n pe-son in cse of dn7e- to life o- p-ope-t, p-ope-t, such pece office- shll be p-i-il lible fo- d7es, nd the cit o- uniciplit shll be subsidi-il -esponsible the-efo-. the-efo-. The civil ction he-ein -eco7ni:ed shll be independent of n c-iinl p-oceedin7s, nd p-eponde-nce of evidence shll suffice to suppo-t such ction. A-t. 3=. hen pe-son, cliin7 to be in>u-ed b c-iinl offense, ch-7es nothe- 0ith the se, fo- 0hich no independent civil ction is 7-nted in this thi s Code o- n specil l0, but the >ustice of the pece finds no -esonble 7-ounds to believe tht c-ie hs been coitted, o- the p-osecutin7 tto-ne -efuses o- fils to institute c-iinl p-oceedin7s, the coplint b-in7 civil ction fod7es 7inst the lle7ed offende-. offende-. #uch civil ction be suppo-ted b p-eponde-nce p-eponde-nce of evidence. $pon the defendnts defendnts otion, the cou-t -e@ui-e the plintiff to file bond to indenif the defendnt in cse the coplint should be found to be licious. "f du-in7 the pendenc of the civil ction, n info-tion should be p-esented b the p-osecutin7 tto-ne, tto-ne, the civil ction shll be suspended until the te-intion of the c-iinl p-oceedin7s. A-t. 36. P-e>udicil @uestions 0hich ust be decided b efo-e n c-iinl p-osecution be instituted o- p-oceed, shll be 7ove-ned b -ules of cou-t 0hich 0hi ch the #up-ee Cou-t shll p-oul7te nd 0hich shll not be in conflict 0ith the p-ovisions of this Code. ·
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& pre+udicial pre+udicial 7uestion is a one that arises during a case, and that the resolution of such 7uestion is a logical antecedent to the resolution of the case %t comes into play when a civil and criminal action both come into play and that in the former an issue eBists which must be preemptively resolved before the criminal proceeding may continue The elements are)
Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations ·
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Previously instituted civil action involves an issue that is similarly or intimately related to the subse7uent civil action !esolution of such issue determines whether or not the criminal action can proceed & petition for the suspension of criminal action based on the pendency of a pre+udicial 7uestion may be filed in the office of the prosecutor or the court conducting he preliminary investigation. hen the criminala action has been filed, the petition to suspend may be filed at any time before prosecution rests. The rule only authori>es suspension and not dismissal. &dministrative &dministrative case does not constitute a pre+udicial 7uestion to a criminal action Criminal prosecution does not constitute a pre+udicial 7uestion to a administrative proceeding for the disbarment or suspension of a lawyer
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law bein7 defute, penlt, p-odi7lit, fil -eltions, lien7e, bsence, insolvenc nd t-usteeship. The conse@uences of these ci-custnces -e 7ove-ned in this Code, othe- codes, the Rules of Cou-t, nd i n specil l0s. Cpcit to ct is not liited lii ted on ccount of -eli7ious belief opoliticl opinion. A --ied 0on, t0entone e-s of 7e o- ove-, ove-, is @ulified fo- ll cts of civil life, e
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%ncapacities are restrictions or limitations on capacity to act. They are however not eBempted from certain obligations. The following cannot give their consent in a contract)
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@nemancipated @nemancipated minor
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"eaf2mute who do know how to write
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%nsane or demented persons
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EF "DP%R#N# Title ". C"'"( P%R#NA("T+ C&APT%R 1 %N%RA( PR'"#"N# A-t. 3?. Ju-idicl cpcit, cpcit, 0hich is the fitness to be the sub>ect of le7l -eltions, is inhe-ent in eve- ntu-l pe-son nd is lost onl th-ou7h deth. Cpcit to ct, 0hich is the po0e- to do cts 0ith le7l effect, is c@ui -ed nd be lost. n ·
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& person any being susceptible to rights and obligations. Personality is the aptitude to be sub+ect, active or passive, of +udicial relations 'atural persons persons are human beings while +uridical +uridical persons are artificial artificial beings susceptible of rights and obligations or being the sub+ect of legal relations #uridical capacity is static condition, indivisible, it is enough that the person eBists, lost only in death, cannot be limited or restricted Capacity to act is a dynamic condition, does not eBist in all men or is the same eBtent, intelligence and volition is re7uired and does not eBist in the same eBtent in all men, may be lost, limited and restricted through certain means and circumstances, circumstances,
A-t. 38. *ino-it, insnit o- ibecilit, the stte of bein7 defute, p-odi7lit nd civil inte-diction -e e-e -est-ictions on cpcit to ct, nd do not e
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& contract contract entered into by a minor without the consent of a parent or guardian, is voidable if one of the parties is a minor, but can be ratified by the parents or guardian of the minor9 or unenforceable if both parties are minors, ratification ratification of the parents of guardian one of the parties makes the contract voidable9 voidable9 & contract contract can be annulled upon reaching age of ma+ority by a minor if such only engaged in passive misrepresentation misrepresentation of age, while active misrepresentation misrepresentation removes the capacity to annul the contract %nsanity refers to someone whose mental faculties are impaired while an imbecile is someone who is of advanced age while still having the mental capacity of a - to year old. %mbecile is eBempted eBempted from all cases of criminal liability and cannot give consent in a contract while insane is not eBempt acted during lucid interval only insanity preventing a person from knowing the character of the act that he is performing9. Civil %nterdiction is an accessory penalty imposed upon those who are sentenced penalty not lower than reclusion temporal. %t produces the following effects "eprivation of rights of parental authority or guardianship "eprivation of marital authority
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"eprivation of right to manage property
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"eprivation of the right to dispose his property by any act or conveyance inter vivos %n prodigality, prodigality, once an individual is under guardianship, his capacity to act becomes restricted since he can only enter a contract through the guardian
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C&APT%R 5 NAT$RA( NAT$RA( P%R#N# P% R#N#
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations A-t. 4;. Ei-th dete-ines pe-sonlitB but the conceived child shll be conside-ed bo-n fo- ll pu-poses tht -e fvo-ble to it, p-ovided it be bo-n lte- 0ith the conditions specified in the follo0in7 -ticle. 59 ·
@nless a being is born it is not considered a person
A-t. 41. )o- civil pu-poses, the fetus is conside-ed bo-n if it is live t the tie it is copletel delive-ed f-o the othe-s 0ob. &o0eve-, &o0eve-, if the fetus hd n int-ute-ine life of less thn seven onths, it is not deeed bo-n if it dies 0ithin t0entfou- hou-s fte- its coplete delive- f-o the te-nl 0ob. 3; ·
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Complete delivery means the cutting of the umbilical cord Personality of a conceived child has two characteristics %t is essentially limited, for the purposes favorable to the child %t is provisional or conditional, such that if the child is not born alive, it is deemed to have never been eBisted The rights of an unborn child include the following !ight to receive support from progenitors, even if such child is en ventre de sa mere %t may receive donations as prescribed under &rt. 0 'CC %t may not be ignored by the parent in his testament
A-t. 45. Civil pe-sonlit is e
'ot applicable applicable when there is no 7uestion of succession succession
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!ules on succession
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%f both are G1;, the older is deemed to have survived
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%f both are H(/, the younger is deemed to have survived
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%f one is G1; and the other H(/, the former is deemed to have survived %f both are H1; and G(/, and different se>es, the male is deemed to have survived. %f same seB, the older is deemed to have survived %f one is G1; or H(/, and the other in between those ages, the latter is deemed to have survived
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C&APT%R 3 J$R"!"CA( P%R#N#
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law
A-t. 44. The follo0in7 -e >u-idicl pe-sonsD 1 The #tte nd its politicl subdivisionsB 5 the- co-po-tions, institutions institutions nd entities fo- public inte-est o- pu-pose, c-eted b l0B thei- pe-sonlit be7ins s soon s the hve been constituted cco-din7 to l0B 3 Co-po-tions, p-tne-ships nd ssocitions fofop-ivte inte-est o- pu-pose to 0hich the l0 7-nts >u-idicl pe-sonlit, pe-sonlit, sep-te nd distinct f-o tht of ech sh-eholde-, p-tne- o- ebe-. 3= A-t. 4=. Ju-idicl pe-sons entioned in Nos. 1 nd 5 of the p-ecedin7 -ticle -e 7ove-ned b the l0s c-etin7 o-eco7ni:in7 the. P-ivte co-po-tions -e -e7ulted b l0s of 7ene-l ppliction on the sub>ect. P-tne-ships nd ssocitions fo- p-ivte inte-est o- pu-pose -e 7ove-ned b the p-ovisions of this Code conce-nin7 p-tne-ships. 36 nd 3? A-t. 46. Ju-idicl pe-sons c@ui-e nd possess p-ope-t of ll /inds, s 0ell s incu- obli7tions nd b-in7 civil oc-iinl ctions, in confo-it 0ith the l0s nd -e7ultions of thei- o-7ni:tion. 38 A-t. 4?. $pon the dissolution of co-po-tions, institutions nd othe- entities fo- public inte-est o- pu-pose entioned in No. 5 of A-ticle 44, thei- p-ope-t nd othe- ssets shll be disposed of in pu-sunce of l0 o- the ch-te- c-etin7 the. "f nothin7 hs been specified on this point, the p-ope-t nd othe- ssets shll be pplied to siil- pu-poses fo- the benefit of the -e7ion, p-ovince, cit o- uniciplit 0hich du-in7 the e
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#uridical persons are artificial beings to which the law grants a personality distinct and separate from the personality of its individual members. Sole proprietorship does not have a +uridical personality because its personality personality is the personality of its owner & corporation corporation is deemed to have a +uridical capacity if its formed under the Corporation Code, and is deemed incorporated from the date it receives its certificate of %ncorporation under its official seal from the SAC Partnership are +uridical persons provided that they fulfill the following re7uisites Two or more persons who bind themselves to contribute money, money, property or industry to a common fund %ntention on part of the partners to divide the profits profits among themselves EXECUTIVE ORDER NO. 209
Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations T&% )A*"(+ C!% ) T&% P&"("PP"N%# Jul 6, 198? T"T(% " *ARR"A% Chpte- 1. Re@uisites of *--i7e
A-ticle 1. *--i7e is specil cont-ct of pe-nent union bet0een n nd 0on ente-ed into in cco-dnce 0ith l0 fo- the estblishent of con>u7l nd fil life. "t is the foundtion of the fil nd n inviolble socil institution 0hose ntu-e, conse@uences, nd incidents -e 7ove-ned b l0 nd not sub>ect to stipultion, e
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6arriage is different from an ordinary contract based on the following distinctions) %t cannot be revoked, revoked, dissolved, or otherwise otherwise terminated by the parties, but only by the sovereign power of the state state The nature, conse7uences and incidents of marriage are governed by law and not sub+ect to agreement, 4nly two persons of different seB may enter into a contract of marriage, and but only one such contract may eBist at the same time 6arriage is not +ust a contract but a social institution 6arriage is a permanent union between a man and a woman, it may only be dissolved by law as in annulment or declaration of nullity9 or by death of either party. 6arriage is not only a civil contract, but a new relation, an institution whose maintenance of which the public is deeply interested ing solemni>ing officer as eyewitness to the marriage is held to be admissible as proof of the fact of marriage Testimony of witness to the marriage, the partners5 public and open cohabitation cohabitation as husband husband and wife after after the alleged wedlock, the birth and baptismal certificate certificate of the children born during such union, and mention of the nuptial in the subse7uent documents documents may be presented as proof proof of such marriage. marriage. The law favors the validity of the marriage
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A-t. 5. No --i7e shll be vlid, unless these essentil -e@uisites -e p-esentD
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law 1 (e7l cpcit of the cont-ctin7 cont-ctin7 p-ties 0ho ust be le nd feleB nd 5 Consent f-eel 7iven in the p-esence of the soleni:in7 office-. =3 A-t. 3. The fo-l -e@uisites of --i7e -eD 1 Autho-it of the soleni:in7 office-B 5 A vlid --i7e license e
*egal capacity refers to the following re7uirements)
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&ge !e7uirement
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6ust be 18 and above, below 18 marriage is void ab initio H18 and G-1, &rticle 10 adds re7uirement of parental consent, lack of consent means marriage is voidable The age re7uirement must be complied on the date of marriage celebration, SeB of the contracting parties
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6ust be between a man and a woman
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&bsence of *egal %mpediments based on &rticle $ and $8 C Consent
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This must be mutual
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6anifestation of consent is made only by both parties appearing before the solemni>ing officer and their personal declaration declaration to take each each other as husband and wife in the presence of at least - witnesses ing 4ffice %f the solemni>ing officer is not authori>ed, the marriage is void ab initio unless either or both parties believed in good faith faith that the officer had the authority to solemni>e the marriage The following has the authority to solemni>e marriage &ny incumbent member of the +udiciary within their court5s +urisdiction3 &ny priest, rabbi, imam, or minister of any church or religious sect duly authori>ed by his church or religious sect
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations
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&ny ship captain or airplane chief only in the case of articulo mortis &ny military commander of a unit to which a chaplain is assigned, in cases of articulo mortis3 &ny consul2general, consul or vice2consul in limited cases 6ayors
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alid 6arriage *icense
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&bsence of valid marriage license renders the marriage void ab intio 6arriage celebrated 1-/ days after issuance of license is void ab initio The eBceptions where a valid marriage license may be dispensed are the following) %n cases of articulo mortis
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hen the parties are located in remote place where there are no means of transport available to obtain a valid marriage license 6arriage among 6uslims and ethnic groups provided they are solemni>ed in accordance with the customs, rights and practices 6arriage Ceremony Solemni>ation Solemni>ation of the marriage comprehends both parties personal personal appearance before the person authori>ed to solemni>e the marriage Common2law marriages marriages and marriage by proBy are not recogni>ed in the Philippines
A-t. 4. The bsence of n of the essentil o- fo-l -e@uisites shll -ende- the --i7e void ab initio, initio, e
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law 0-ite the ne of sid p-t, 0hich fct shll be ttested b the soleni:in7 office-. office-. == A-t. ?. *--i7e be soleni:ed bD 1 An incubent ebe- of the >udici- 0ithin the cou-ts >u-isdictionB 5 An p-iest, -bbi, i, o- iniste- of n chu-ch o-eli7ious sect dul utho-i:ed b his chu-ch o-eli7ious sect nd -e7iste-ed 0ith the civil -e7ist-7ene-l, ctin7 0ithin the liits of the 0-itten utho-it 7-nted b his chu-ch o- -eli7ious sect nd p-ovided tht t lest one of the cont-ctin7 p-ties belon7s to the soleni:in7 soleni :in7 office-s chu-ch o- -eli7ious sectB 3 An ship cptin o- i-plne chief onl in the cse entioned in A-ticle 31B
4 An ilit- conde- of unit to 0hich chplin is ssi7ned, in the bsence of the ltte-, ltte-, du-in7 ilit- ope-tion, li/e0ise onl in the cses entioned in A-ticle 35B = An consul7ene-l, consul o- viceconsul in the cse p-ovided in A-ticle 1;. =6 A-ticle. 8. The --i7e shll be soleni:ed publicl in the chbe-s of the >ud7e o- in open cou-t, in the chu-ch, chpel o- teple, o- in the office the consul7ene-l, consul o- vice consul, s the cse be, nd not else0he-e, e
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations = "f p-eviousl --ied, ho0, 0hen nd 0he-e the p-evious --i7e 0s dissolved o- nnulledB 6 P-esent -esidence nd citi:enshipB ? !e7-ee of -eltionship of the cont-ctin7 p-tiesB 8 )ull ne, -esidence nd citi:enship of the fthe-B 9 )ull ne, -esidence nd citi:enship of the othe-B nd 1; )ull ne, -esidence nd citi:enship of the 7u-din o- pe-son hvin7 ch-7e, in cse the cont-ctin7 p-t hs neithe- fthe- no- othe- nd is unde- the 7e of t0entone e-s. The pplicnts, thei- p-ents o- 7u-dins shll not be -e@ui-ed to e
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law A-t. 13. "n cse eithe- of the cont-ctin7 p-ties hs been p-eviousl --ied, the pplicnt shll be -e@ui-ed to fu-nish, insted of the bi-th o- bptisl ce-tificte -e@ui-ed in the lst p-ecedin7 -ticle, the deth ce-tificte of the decesed spouse o- the >udicil dec-ee of the bsolute divo-ce, o- the >udicil dec-ee of nnulent o- decl-tion of nullit of his o- he- p-evious --i7e. "n cse the deth ce-tificte cnnot be secu-ed, the p-t shll /e n ffidvit settin7 fo-th this ci-custnce nd his o- he- ctul civil sttus nd the ne nd dte of deth of the decesed spouse. 61 A-t. 14. "n cse eithe- o- both of the cont-ctin7 p-ties, not hvin7 been encipted b p-evious --i7e, -e bet0een the 7es of ei7hteen nd t0entone, the shll, in ddition to the -e@ui-eents of the p-ecedin7 -ticles, eect the issuin7 office- to dinist-tive snctions but shll not ffect the vlidit of the --i7e.
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations #hould onl one of the cont-ctin7 p-ties need p-entl consent o- p-entl dvice, the othe- p-t ust be p-esent t the counselin7 -efe--ed to in the p-ecedin7 p-7-ph. n A-t. 1?. The locl civil -e7ist-- shll p-ep-e p-ep-e notice 0hich shll contin the full nes nd -esidences of the pplicnts fo- --i7e license nd othe- dt 7iven in the pplictions. The notice shll be posted fo- ten consecutive ds on bulletin bo-d outside the office of the locl civil -e7ist-- locted in conspicuous plce 0ithin the buildin7 nd ccessible to the 7ene-l public. This notice shll -e@uest ll pe-sons hvin7 /no0led7e of n ipedient i pedient to the --i7e to dvise the locl civil -e7ist-- the-eof. the-eof. The --i7e license shll be issued fte- the copletion of the pe-iod of publiction. 63 A-t. 18. "n cse of n ipedient /no0n to the locl civil -e7ist-- o- b-ou7ht b-ou7ht to his ttention, he shll note n ote do0n the p-ticul-s the-eof nd his findin7s the-eon in the ppliction fo- --i7e license, but shll nonetheless issue sid license fte- the copletion of the pe-iod of publiction, unless o-de-ed othe-0ise b copetent cou-t t his o0n instnce o- tht of n inte-est p-t. p-t. No filin7 fee shll be ch-7ed fo- the petition no- co--espondin7 bond -e@ui-ed fo- the issunces of the o-de-. 64 A-t. 19. The locl civil -e7ist-- shll -e@ui-e the pent of the fees p-esc-ibed b l0 o- -e7ultions befo-e the issunce of the --i7e license. No othe- su shll be collected in the ntu-e of fee o- t< of n /ind fo- the issunce of sid license. "t shll, ho0eve-, ho0eve-, be issued f-ee of ch-7e to indi7ent p-ties, tht is those 0ho hve no visible visibl e ens of incoe o0hose incoe is insufficient fo- thei- subsistence fct estblished b thei- ffidvit, o- b thei- oth befo-e the locl civil -e7ist--. -e7ist--. 6= A-t. 5;. The license shll be vlid in n p-t of the Philippines fo- pe-iod of one hund-ed t0ent ds f-o the dte of issue, nd shll be deeed utoticll cnceled t the e
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law 5 Thei- citi:enship, -eli7ion nd hbitul -esidenceB 3 The dte nd p-ecise tie of the celeb-tion of the --i7eB 4 Tht the p-ope- --i7e license hs been issued cco-din7 to l0, e
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations ·
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@nder paragraph 1, the following marriages are prohibited and void void ab initio even even if they are allowed in the country where the marriage is celebrated
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%f one of parties is ilipino and is under 18
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6arriage is bigamous or polygamous
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There is a mistake in the identity of the party by the other party 4ne of the parties in a subse7uent marriage is a party to a prior marriage but did not comply with article ;4ne of the parties to the marriage is psychologically incapacitated %ncestuous marriage
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6arriage void by public policy
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Chpte- 5. *--i7es %
A-t. 5?. "n cse eithe- o- both of the cont-ctin7 p-ties -e t the point of deth, the --i7e be soleni:ed 0ithout necessit of --i7e license nd shll -ein vlid even if the ilin7 p-t subse@uentl su-vives. ?5 A-t. 58. "f the -esidence of eithe- p-t is so locted tht the-e is no ens of t-nspo-ttion to enble such p-t to ppe- pe-sonll befo-e the locl civil -e7ist--, -e7ist--, the --i7e be soleni:ed 0ithout necessit of --i7e license. ?5 A-t. 59. "n the cses p-ovided fo- in the t0o p-ecedin7 -ticles, the soleni:in7 office- shll stte in n ffidvit e
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law soleni:e --i7es in -ticulo o-tis bet0een pe-sons 0ithin the :one of ilit- ope-tion, 0hethe- ebe-s of the -ed fo-ces o- civilins. ?4 A-t. 33. *--i7es on7 *uslis o- on7 ebe-s of the ethnic cultu-l counities be pe-fo-ed p e-fo-ed vlidl 0ithout the necessit of --i7e license, p-ovided the -e soleni:ed in cco-dnce 0ith thei- custos, -ites op-ctices. ?8 A-t. 34. No license shll be necess- fo- the --i7e of n nd 0on 0ho hve lived to7ethe- s husbnd nd 0ife fo- t lest five e-s nd 0ithout n le7l ipedient to -- ech othe-. The cont-ctin7 p-ties shll stte the fo-e7oin7 fcts in n ffidvit befo-e n pe-son utho-i:ed b l0 to diniste- oths. The soleni:in7 office- shll lso stte unde- oth tht he sce-tined the @ulifictions of the cont-ctin7 p-ties -e found no le7l ipedient to the --i7e. ?6 Chpte- 3. 'oid nd 'oidble *--i7es
A-t. 3=. The follo0in7 --i7es shll be void f-o the be7innin7D 1 Those cont-cted b n p-t belo0 ei7hteen e-s e-s of 7e even 0ith the consent of p-ents o- 7u-dinsB 5 Those soleni:ed b n pe-son not le7ll utho-i:ed to pe-fo- --i7es unless such --i7es 0e-e cont-cted 0ith eithe- o- both p-ties believin7 in 7ood fith tht the soleni:in7 office- hd the le7l utho-it to do soB 3 Those soleni:ed 0ithout license, e
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations
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comply with these re7uisites will make the subse7uent marriage void ab initio. Conditions mentioned in &rt $; apply even if marriage is solemni>ed outside the territorial +urisdiction of our country, under the conditions for marriage prescribed by those those countries. &rticle $; are are not eBclusive to those conditions mentioned.
A-t. 36. A --i7e cont-cted cont-cted b n p-t 0ho, t the tie of the celeb-tion, 0s pscholo7icll incpcitted to copl 0ith the essentil -itl obli7tions of --i7e, shll li/e0ise be void even if such incpcit becoes nifest onl fte- its soleni:tion. As ended b %
Psychological %ncapacity2 %ncapacity2 There is no eBact definition, however usually means a constant, protacted and senseless refusal to perfom the essential essential marital marital obligations by either or both parties, even if they are capable Chi 6ing Tsoi vs C&, -(( SC!& -$0 199. Alements of Psychological %ncapacity) 1. -. $. 0. ;. (. .
6ental 6ental "ispos "isposit ition ion &pplies &pplies to the person person marita maritally lly contrac contracted ted to another another 6arriage 6arriage entered entered into into with with voliti volition on ailure to perform perform or comply the essential marital obligations Such Such failur failuree is chro chronic nic Cause Cause is serious serious and that that there is +uridi +uridical cal antecede antecedence nce %ncapaci %ncapacity ty results results in failur failuree in the marria marriage ge
Characteristics) 1. =ravity2 =ravity2 severe severe enough enough to cause incapacit incapacity y to comply with essential marital obligations -. #uridical #uridical antecede antecedence2 nce2 incapacit incapacity y must have eBisted eBisted before marriage celebration, even if symptoms manifested after the ceremony $. %ncurabil %ncurability2 ity2 cure cure is not possible possible or beyond beyond the means means available to the parties #urisprudential #urisprudential =uidelines !epublic vs. C& and 6olina, -( SC!& 18 199) 1.
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law . %nterpre %nterpretati tations ons give by the 'ational 'ational &ppella &ppellate te 6atrimonia 6atrimoniall Tribunal Tribunal of he Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. 8. The Trial Court must must order the prosecuting prosecuting attorney attorney or fiscal and the Solicitor =eneral to appear as counsel for the state. Assential 6arital 4bligations2 4bligations2 must be those embraced in &ricle (8 to 1 C as regards to husband and wife and --/, --1 and --; for parents and children, •
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burden of proof to show nullity of marriage belongs belongs to the plaintiff. there shall be no awards of 6oral "amages for Psychological %ncapacity
!ivo-ce vs. (e7l #ep-tion
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all the re7uisites for marriage are present
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reasons for the termination of the marital bond happen only after the celebration of the marriage
*egal Separation •
all the re7uisites for marriage are present
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reasons for the termination of the marital bond happen only after the celebration of the marriage the marital bond is not severed between the spouses.
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A-t. 3?. *--i7es bet0een the follo0in7 -e incestuous nd void f-o the be7innin7, 0hethe- -eltionship bet0een the p-ties be le7itite o- ille7ititeD 1 Eet0een scendnts nd descendnts descendnts of n de7-eeB de7-eeB nd 5 Eet0een b-othe-s nd nd siste-s, 0hethe- of of the full ohlf blood. 81 ull blood2 same father and mother · ·
:alf blood2 have the same mother but different father or vice versa
A-t. 38. The follo0in7 --i7es shll be void f-o the be7innin7 fo- -esons of public policD 1 Eet0een collte-l blood -eltives 0hethe- le7itite oille7itite, up to the fou-th civil de7-eeB
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Collateral line is a series of degrees among persons who are not descendants or ascendants ascent is made to the common ancestor
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void due to being relatives by affinity
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations ·
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scandalous and due to custom that parents2in2law treat their children in2law as their real children 09
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adopted children are considered to be legitimate children ;9
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? Eet0een n dopted child nd le7itite child of the dopte-B 8 Eet0een dopted child-en of the se dopte-B nd ·
they are considered to be legitimate siblings par. par. and 89
9 Eet0een p-ties 0he-e one, 0ith the intention to -- the othe-, othe-, /illed tht othe- pe-sons spouse, o- his o- he- o0n spouse. 85 A-t. 39. The ction o- defense fo- the decl-tion of bsolute nullit of --i7e shll not p-esc-ibe. &s amended by ABecutive 4rder -- and !epublic &ct 'o. 8;$$9 8;$$ 9
The phrase D:owever, in case of marriage celebrated before the effectivity of this Code and falling under &rticle $(, such action or defense shall prescribe in ten years after this Code shall taken effectE has been deleted by !epublic &ct 'o. 8;$$ I&pproved ebruary -$, 18J9. A-t. 4;. The bsolute nullit of p-evious --i7e be invo/ed fo- pu-poses of -e--i7e on the bsis solel of finl >ud7ent decl-in7 such p-evious --i7e void. n
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'ullity of the the previous marriage marriage must be sought sought for the purposes of remarriage remarriage is the sole basis for the freedom of legal impediments of the previous marriage is the final +udgment declaring the previous marriage void. 4ther than for remarriage, there is no need for +udicial action to declare a marriage an absolute nullity. & marriage contracted contracted without the final +udgement declaring nullity of the previous marriage shall be void ab initio &pplies to cases where previous marriage is void and one of the parties contracted a subse7uent marriage. &pplies to remarriages during the effectivity effectivity of the amily Code, regardless of the date of the first marriage
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law A-t. 41. A --i7e cont-cted b n pe-son du-in7 subsistence of p-evious --i7e shll be null nd void, unless befo-e the celeb-tion of the subse@uent --i7e, the p-io- spouse hd been bsent fo- fou- consecutive e-s nd the spouse p-esent hs 0ellfounded belief tht the bsent spouse 0s l-ed ded. "n cse of disppe-nce 0he-e the-e is dn7e- of deth unde- the ci-custnces set fo-th in the p-ovisions of A-ticle 391 of the Civil Code, Code, n bsence of onl t0o e-s shll be sufficient. )o- the pu-pose of cont-ctin7 the subse@uent --i7e unde- the p-ecedin7 p-7-ph the spouse p-esent ust institute su- p-oceedin7 s p-ovided in this Code fothe decl-tion of p-esuptive deth of the bsentee, 0ithout p-e>udice to the effect of -eppe-nce of the bsent spouse. 83
=eneral rule2 any person who contracts a second or subse7uent marriage before the former marriage has been legally dissolved or before the absent spouse has been declared as presumed dead by means of a +udgement +udgement rendered rendered in the proper proceedings proceedings is guilty of bigamy ABceptions are the conditions for the validity of a subse7uent bigamous marriage marriage under &rticle 01) 1. Prior Prior spouse of the the contracti contracting ng party party must be absent absent for at least 0 years or, when there is danger of death during the disappearance of the said spouse, - years. -. The present present spouse had a well2founded well2founded belief that that the absent absent spouse is already dead $. There There is a +udicial declar declaratio ation n of the presumptive presumptive death death of the absent spouse for the purpose of the spouse present can institute a summary proceding in court to ask for that declaration. under the amily Code, otherwise the subse7uent marriage will be deemed void ab initio9. &fter obtaining the +udicial declaration of the presumptive death death of the absent spouse, the absentee absentee spouse shall be presumed dead and the present spouse may contract a subse7uent marriage ·
A-t. 45. The subse@uent --i7e -efe--ed to in the p-ecedin7 A-ticle shll be utoticll te-inted b the -eco-din7 of the ffidvit of -eppe-nce of the bsent spouse, unless the-e is >ud7ent nnullin7 the p-evious --i7e o- decl-in7 it void b initio. A s0o-n stteent of the fct nd ci-custnces of -eppe-nce shll be -eco-ded in the civil -e7ist- of the -esidence of the p-ties to the subse@uent --i7e t the instnce of n inte-ested pe-son, 0ith due notice to the spouses of the subse@uent --i7e nd 0ithout p-e>udice to the fct of -eppe-nce bein7 >udicill dete-ined in cse such fct is disputed. n ·
The mere reappearance of the absent spouse does not terminate the subse7uent marriage. 4nly after the recording of the affidavit of reappearance can be filed
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations
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by anyone who is interested9 by the Civil !egistrar !egistrar can the subse7uent marriage be terminated automatically automatically &ffidavit &ffidavit must state the facts surrounding the reappearance of the absentee spouse and it must be recorded by the *ocal Civil !egistrar where the spouse resides
A-t. 43. The te-intion of the subse@uent --i7e -efe--ed -efe--ed to in the p-ecedin7 A-ticle shll p-oduce the follo0in7 effectsD
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law ·
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defect which serves as ground for annulment must be present during the the celebration of the marriage marriage cannot be assailed collaterally eBcept by direct proceeding can only be assailed during the lifetime of either party
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defect is sub+ect to ratification eBcept for ground in par. par. ; and ( of &rt. 0; prescription period2 period2 period of time time allowed to file action for annulment !atifiation is the act or virtue of which efficacy efficacy is given to a contract which suffers from the vice of curable nullity. nullity. !atification eBtinguishes the action to annul a voidable contract or ratification to be effective it must satisfy the following re7uisites) Contract is tainted with a vice that is susceptible to being cured !atification !atification is effected by the person who is entitled to do it under law Affected Affected with the knowledge of the vice or defect of the contract Cause of the nullity or defect should have already disappeared 1 Tht the p-t in 0hose behlf it is sou7ht to hve the --i7e nnulled 0s ei7hteen e-s of 7e o- ovebut belo0 t0entone, nd the --i7e 0s soleni:ed 0ithout the consent of the p-ents, 7u-din o- pe-son hvin7 substitute p-entl utho-it ove- the p-t, p-t, in tht o-de-, o-de-, unless ftettinin7 the 7e of t0entone, such p-t f-eel cohbited 0ith the othe- nd both lived to7ethe- s husbnd nd 0ifeB parental consent consent is re7uired to be given by ?father, ?father, mother, mother, surviving parent or guardian or persons with legal charge5 action for annulment may be filed by 19 contracting party whose parental parental consent is re7uired only in in cases where said party which has not reached -19 or -9 by the party whose parent did not give consent only in cases where said party has already reached -19 prescriptive period period is) for 19 19 before the party party from whom no parental consent was given9 reaches -13 for -9 is five years after reaching -1 %t is sub+ect to ratification. %n this case if the party whose parent did not give consent, after reaching -1, freely cohabits with the other as husband and wife 5 Tht eithe- p-t 0s of unsound ind, unless such p-t fte- coin7 to -eson, f-eel cohbited 0ith the othe- s husbnd nd 0ifeB ·
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1 The child-en of the subse@uent --i7e conceived p-io- to its te-intion shll be conside-ed le7ititeB Custody and support of such children may be sub+ect to the agreement between the spouses of the subse7uent marriage, or by a court in proper proceeding in case of dispute 5 The bsolute counit of p-ope-t p-ope-t o- the con>u7l p-tne-ship, s the cse be, shll be dissolved nd li@uidted, but if eithe- spouse cont-cted sid --i7e in bd fith, his o- he- sh-e of the net p-ofits of the counit p-ope-t o- con>u7l p-tne-ship p-ope-t shll be fo-feited in fvo- of the coon child-en o-, if the-e -e none, the child-en of the 7uilt spouse b p-evious --i7e o- in defult of child-en, the innocent spouseB 3 !ontions b -eson -eson of --i7e --i7e shll -ein vlid, e
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A-t. 44. "f both spouses of the subse@uent --i7e cted i n bd fith, sid --i7e shll be void b initio nd ll dontions b -eson of --i7e nd testent- dispositions de b one in fvo- of the othe- -e -evo/ed b ope-tion of l0. n A-t. 4=. A --i7e be nnulled fo- n of the follo0in7 cuses, e
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oidable marriages are those that have defects in the essential re7uisite. Such marriage will remain valid and produces valid civil civil effecs effecs until it is set aside for final +udgement by a competent competent court in in an action for for annulment. &nnulment is the +udicial or legal process of invalidating a voidable marriage. Characteristics Characteristics of voidable marriage
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations ·
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6ental incapacity must be related specifically to the contract of marriage, the party at the time of marriage was capable of understanding the nature and conse7uences of the marriage, and the insanity must have eBisted at the time of the marriage Sanity is presumed in absence of proof for insanity. insanity. The burden of proof rests rests upon the party party alleging insanity insanity and seeks to avoid an act on account of it, and there must be a preponderance of evidence. The people who may file for annulment are 19 any relative or guardian or person having legal charge over the insane and -9 the insane spouse during the period of lucidity or regained sanity Prescription period2 before the death of either party
%t can be ratified only by the insane person during a lucid interval by freely cohabiting with the other spouse as husband and wife 3 Tht the consent of eithe- p-t 0s obtined b f-ud, unless such p-t fte-0-ds, 0ith full /no0led7e of the fcts constitutin7 the f-ud, f-eel cohbited 0ith the othe- s husbnd nd 0ifeB raud2 refers to the non2disclosure of or concealment of some facts deemed material to marital obligation The following constituted fraud and the grounds for annulment9) 'on2disclosure of previous conviction conviction ·
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There must be conviction by final +udgement
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Crime must involve moral turpitude contrary to +ustice, honesty, honesty, modesty and good morals9 Concealment of pregnancy
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Concealment of such fact during the time of the marriage ceremony
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Curable but concealed by the afflicted party during the time of the marriage Party afflicted afflicted was not aware that they has ST", no fraud Concealment of "rug &ddiction, :abitual &lcoholism, :omoseBuality or *esbianism %f not concealed, no fraud eBists
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'ot a ground for for legal separation separation in the case of the latter since causes or grounds must eBist after the marriage. Condonation of these acts is a defense for legal separation 4nly the in+ured party can file for annulment Prescriptive period is five years after discovery of the fraud
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law %t can be ratified only by the in+ured party by freely cohabiting with the other spouse as husband and wife after gaining full knowledge of the facts concerning the fraud 4 Tht the consent of eithe- p-t 0s obtined b fo-ce, intiidtion o- undue influence, unless the se hvin7 disppe-ed o- cesed, such p-t the-eftef-eel cohbited 0ith the othe- s husbnd nd 0ifeB There is violence when serious and irresistible force was used in order to obtain consent. There is intimidation when one of the parties was compelled by reasonable and well grounded fear against his person or property or his spouse5s, spouse5s, descendants5 and ascendants5 person or property property to obtain consent. consent. !e7uisites by which duress force and intimidation9 may vitiate consent and render the contract voidable) %t must be the determining cause of the contract ·
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%t must produced reasonable and well2grounded fear that the person from whom such fear came has the necessary means to inflict threatened in+ury &ction for annulment may be filed by in+ured party or the party that was sub+ect to duress. Prescriptive period2 five years from the time force was used %t can be ratified only by the in+ured party by freely cohabiting with the guilty spouse as husband and wife = Tht eithe- p-t 0s phsicll phsicll incpble of consutin7 the --i7e 0ith the othe-, othe-, nd such incpcit continues nd ppe-s to be incu-bleB oPhysical incapacity for marriage imports total want of power for copulation copulation and only necessary necessary incident thereto the ability for procreation. Copulate means the act of gratification of seBual desire by means of the union of two biological organs
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations Prescription period must be five years after the celebration of marriage %t cannot be ratified due to the complete failure of the consideration of the contract of marriage gratification gratification of seBual desire9 6 Tht eithe- p-t 0s fflicted fflicted 0ith se
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%t is appears to be incurable %t must be unknown to the other party at the time of the marriage The party who is not afflicted afflicted with the ST" and not aware of its eBistence is the only one allowed to file for annulment Prescriptive period is five years after the celebration of the marriage %t cannot be ratified but action for annulment can be barred by prescription prescription
A-t. 46. An of the follo0in7 ci-custnces shll constitute f-ud -efe--ed to in Nube- 3 of the p-ecedin7 A-ticleD 1 Nondisclosu-e of p-evious conviction b finl >ud7ent of the othe- p-t of c-ie involvin7 o-l tu-pitudeB 5 Concelent b the 0ife of the fct tht t the tie of the --i7e, she 0s p-e7nnt b n othe- thn he- husbndB 3 Concelent of se
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law hvin7 le7l ch-7e of the ino-, t n tie befo-e such p-t hs -eched the 7e of t0entoneB 5 )o- cuses entioned in nube- 5 of A-ticle 4=, b the se spouse, 0ho hd no /no0led7e of the othe-s insnitB o- b n -eltive o- 7u-din o- pe-son hvin7 le7l ch-7e of the insne, t n tie befo-e the deth of eithe- p-t, o- b the insne spouse du-in7 lucid inte-vl o- fte- -e7inin7 snitB 3 )o- cuses entioned in nube- 3 of A-ticle 4=, b the in>u-ed p-t, 0ithin five e-s fte- the discove- of the f-udB 4 )o- cuses entioned in nube- 4 of A-ticle 4=, b the in>u-ed p-t, p-t, 0ithin five e-s f-o the tie the fo-ce, intiidtion o- undue influence i nfluence disppe-ed ocesedB = )o- cuses entioned in nube- = nd 6 of A-ticle 4=, b the in>u-ed p-t, 0ithin five e-s fte- the --i7e. 8? A-t. 48. "n ll cses of nnulent o- decl-tion of bsolute nullit of --i7e, the Cou-t shll o-de- the p-osecutin7 tto-ne o- fiscl ssi7ned to it to ppe- on behlf of the #tte to t/e steps to p-event collusion bet0een the p-ties nd nd to t/e t/e cc-e tht tht evid eviden ence ce is not not fbfb-ic ict ted ed osupp-essed. "n the cses -efe-efe--e -ed d to in the p-ecedin p-ecedin7 7 p-7p-7-ph ph,, no >ud7ent shll be bsed upon stipultion of fcts oconfession of >ud7ent. 88 A-t. 49. !u-in7 the pendenc of the ction nd in the bsence of de@ute p-ovisions in 0-itten 7-eeent bet0een the spouse spouses, s, the Cou-t shll shll p-ovi p-ovide de fo- the supposuppo-tt of the spou spouse sess nd nd the the cust custod od nd nd supp suppoo-tt of thei thei-- co coon on child-en. The Cou-t shll 7ive p-ount conside-tion to the o-l nd te-il 0elf-e of sid child-en nd theichoice choice of the p-ent p-ent 0ith 0ho the the 0ish 0ish to -ein -ein s p-ovided to in Title "G. "t shll lso p-ovide fo- pp-op-ite visittion -i7hts of the othe- p-ent. n ·
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The procedure governing the declaration of absolute nullity of void marriages or annulment of marriages is now governed by &.6 /-21121/2SC and /-21121-2SC amily courts have eBclusive #urisdiction to hear and decide complaints for annulment and declaration of nullity of marriage enue for petition must be the amily Court where the petitioner or respondent has been been residing for at least ( months prior to the date of filing, or where he may be found in the Philippines if party is a foreigner The Contents and form of the petition Petition shall contain complete facts constituting course of action. %n cases of &rt $(, petitioner must specifically allege the complete facts showing that either or both parties were psychologically incapacitated incapacitated from from performing the essential obligations obligations of marriage marriage at the time of the marriage celebration.
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6ust contain the names and ages of the common children of the parties and the regime governing their property relations. relations. %f there is no ade7uate agreement agreement between the parties, parties, the petitioner petitioner may apply apply for a provisional order order for spousal support, support, custody and support of common children, visitation rights, administration administration of common or con+ugal property and oher matters re7uiring urgent attention Petition must be verified be signed personally by petitioner9 and and accompanied by a certification certification against forum shopping can be authenticated by a consul general, vice2consul, consul or consular agent if the petitioner is in another country country Shall be filed in ( copies, where a copy shall be served to the 4S=, 4ffice of the City or Provincial Prosecutor, within five days from the date of filing and and submit to the court proof of such service within the same period. ailure ailure to comply with with this may be a ground for the dismissal of the petition The service of summons shall be governed by !ule 10 of the !ules of Court. %f the respondent cannot be located, the service of summons shall be served to him via publication of once a week for - weeks of the summons in a newspaper of general circulation in the Philippines, a copy shall also be sent to the last known address of the petitioner via registered mail or means deemed fit by the Court. The contents of the newspaper publication shall be) 19 title of the case, -9 docket number, $9 nature of the petition, 09 principal grounds for for the petition petition and reliefs prayed for, for, ;9 a directive directive for the respondent respondent to answer within $/ days from the last issue of publication hen no answer is filed or the answer does not tender an issue, the court shall order the public prosecutor to investigate whether collusion eBists between the parties, and shall submit such report noting if there is collusion or none9 within one month following the receipt of such order and shall furnish copies for the parties and their counsel. The parties shall file their comments on the finding collusion within 1/ days from receipt of report. The court shall set the report for hearing and shall dismiss the petition if it is found that there was collusion %f there is no collusion, then the court shall set the case for pre2trial. %t shall be the duty of the Public Prosecutor to appear on behalf of the State on the pre2trial. %f petitioner fails to appear during the pre2trial, the case shall be dismissed unless his counsel or representative appears and provides a valid eBcuse for the petitioner5s absence. %f the respondent files his answer but fails to appear, appear, the pre2trial shall continue and the prosecutor shall investigate the non2appearance of the respondent The court shall not allows compromise on prohibited matters such as) 19 civil status of persons, -9 The
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law
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validity of the marriage or of a legal separation, $9 any ground for legal separation, 09 future support, ;9+urisdiction of courts, and (9 future legitimes %f the court grants the petition, it shall declare the decree of absolute nullity or annulment be issued only after compliance of &rt. ;/ and ;1. The parties including the 4S= and the public prosecutor shall be served copies of decision personally or by registered mail. %f respondent summoned via newspaper did not appear, appear, the dispositive part of the decision shall be published once in a newspaper of gen. circ. "ecision becomes final and eBecutory upon 1; days from the notice to the parties. Antry of +udgment shall be made if there there is no motion motion for reconsideration reconsideration or new trial, or appeal is filed by any of the parties, the pub. pros, 4S=. 4S=. The Court Court shall issue issue the corresponding decree if the parties have no property. property. %f they have, then the rules of *i7uidation, Partition Partition and "istribution of Properties shall be observed. Antry of #udgment shall be made in the *ocal Civil !egistry where the marriage was recorded and the am. Court granting the petition. 'o appeal shall shall be made unless the parties, the pub. pros, 4S= has has filed a motion motion for reconsideration reconsideration within 1; days from notice of +udgment. &ppeal shall be made by filing of a notice of &ppeal within within 1; days @pon receipt of petition, the amily Court shall proceed with the *i7uidation, Partition and "istribution of Properties, including custody, custody, common children support and deliverance of presumptive legitimes legitimes pursuant to &rt ;/ and ;1. ailure to comply with &rt ;/ and ;1 shall render the subse7uent marriage null and void "ecree shall be issued after compliance with the following re7uisites !egistration of entry of +udgment in the *ocal Civil !egistry where the marriage was recorded and the am. Court granting the petition !egistration of approved partition and distribution of properties of the the spouses in the the !egistry of "eeds where property is located "elivery of Childrens presumptive legitimes in cash, property or sound securities The court shall 7uote in the decree the dispositive portion of the +udgment +udgment entered entered and attach the decree of approved partition of property The court shall order the *C! to issue new birth certificates indicating the new status status of the children, eBcept in cases of &rt. $( an ;$ The prevailing party shall cause the registration of the "ecree in the *ocal Civil !egistry where the marriage was recorded and the am. Court granting the petition, and in the 'S4. They shall report compliance within $/ days from the receip of the copy of the decree. ailure
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations
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to register the decree shall render the subse7uent marriage null and void %f the party dies before entry of +udgment, the court shall have the case closed and terminated, without without pre+udice to the the settlement of the estate in proper proceedings in regular regular courts. oid marriages marriages can still be assailed after after the death of either partyF %f the party dies after the entry of +udgment, the +udgment shall be binding upon the parties parties and their successors in the interest in the settlement of the estate in a regular court @pon receipt of a verified petition, the court may issue provisional remedies remedies or protection protection order with or without hearings, hearings, and may be enforced immediately immediately with or without a bond for a period of time the court deems necessary %n determining spousal support, the courts may be guided by) %n absence of written agreement, the support shall be provided from the the property of absolute absolute community community or con+ugal relationship
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law ·
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Custodian of child and not able to seek employment
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Time for education and training for spouse to seek employment "uration of marriage
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Comparative resources resources and earning capacity of the spouses 'eeds and obligations obligations of each spouse spouse
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Contribution of each spouse to the marriage, including services rendered &ge and health of spouses
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Physical and emotional conditions of each spouse
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&ny other factor deemed by the court to be +ust and e7uitable The amily Court may direct the deduction of provisional support support from the salary salary of the spouse. spouse. Child Support shall be provided from the property of absolute community or con+ugal relationship or based on the following factorsE inancial resources of the parents and of the child Physical, emotional health, and special needs and aptitudes of the child Standard of living the child is accustomed to 'on2monetary contributions contributions that the parent will will make toward the care and well being of the child Child Custody hall be based on what the court deems fit taking into consideration the health, best interests and well being of the child. 4r it may be based on
'ature and fre7uency fre7uency of contact between between both parties parties
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6ost suitable physical, emotional, spiritual psychological or educational environment environment Preference of child if over years of age and has sufficient sufficient discernment, unless chosen parent is unfit Provisional custody may be awarded to)
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date of hold departure order
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%f availablee a recent photograph of the person
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The court can recall the order moto proprio or upon verification of any of the parties after summary hearing, sub+ect to conditions for the best interest of the child 4rder of Protection
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations ·
6ay be issued against any person by the Court
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&dministration &dministration of Common Property
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Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law ·
or or dona donati tion onss prop propte terr nupt nuptia ias, s, if the the marr marria iage ge is declared +udicially void ab initio, the donor may revoke the donation. :owever, if the donation was made in the marriage settlement, then the same shall be void if the marriage is declared voud ab initio. %f the marriage is decl declar areed voi void und under &rt. 0/ dec decla lara rattion ion of nullitysubse7uent marriage contracted by a spouse of a prior valid marriage before the latter is declared +udicially void9, then the provisions provisions under &rt. &rt. 0$ par. apply on this case. %f the marriage is void under &rt. 00 both spouses acted in bad faith9, then all the donations shall be revoked revoked by operation of law. law.
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@nder @nder the %nsurance %nsurance Code, the benefici beneficiary ary designate designated d cann cannot ot be chan change ged d if the the poli policy cy decl declar ares es it as irrevo irrevocab cable. le. :owev :owever er,, if marria marriage ge is declar declared ed void void under &rt. 0/, then the provisions of &rt. 0$, par. $ apply, hence the insured can revoke the rights of the beneficiary even even if it is irrevocable. irrevocable.
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4n the matter of right to inherit, if marriage is declared void, the parties have no right to be the legal heir to each each othe otherr eBce eBcept pt when when they they are are coll collat ater eral al bloo blood d rela relati tive vess with within in the the ; th civil civil degree degree.. :oweve :oweverr, if marria marriage ge is declar declared ed void void under under &rt. 0/, then then the provisions of &rt. 0$, par. ; apply. %f spouse contracted marriage in bad faith, then heFshe shall be dis7ualified from inheriting from the innocent spouse by testate and intestat intestatee succession succession.. %f marriage marriage is void under &rt 00, testamentary dispositions are revoked under operation of law.
%f a spouse without +ust cause abandons the other or fails to comply with the obligations to hisFher family, the court may, upon the application of the aggrieved party, party, to issue a provisional order appointing the applicant or a third person as a receiver or sole administrator of the common property sub+ect to the precautionary conditions conditions it may may impose
A-t. =;. The effects p-ovided fo- b p-7-phs 5, 3, 4 nd = of A-ticle 43 nd b A-ticle 44 shll lso ppl in the p-ope- cses to --i7es 0hich -e decl-ed b initio onnulled b finl >ud7ent unde- A-ticles 4; nd 4=. The The fin finll >ud7 >ud7e ent nt in such such cse csess shl shlll p-ov p-ovide ide fofo- the the li@uidtion, p-tition nd dist-ibution of the p-ope-ties of the spouses, the custod nd suppo-t of the coon child-en, nd the delive- of thi-d p-esuptive le7ities, unless such tt ttee-ss hd hd been been d>u d>udi dic cte ted d in p-ev p-evio ious us >udi >udici cil l p-oceedin7s. All All c-ed c-edit itoo-ss of the the spou spouse sess s 0ell 0ell s of the the bso bsolut lutee counit o- the con>u7l p-tne-ship shll be notified of the p-oceedin7s fo- li@uidtion. "n the p-tition, the con>u7l d0el d0elli lin7 n7 nd nd the the lot lot on 0hic 0hich h it is situ situt ted ed,, shl shlll be d>udicted in cco-dnce 0ith the p-ovisions of A-ticles 1;5 nd 159. ·
The =eneral rule is that if the marriage is void ab initio, then it is ipso facto void without need for any +udicial declaration needed only in cases for remarriage9
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#udicial declaration of nullity of marriage retroacts to the date of the marria marriage ge celeb celebrat ration ion insofa insofarr as the vindicum between the spouses.
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Children born outside a valid marriage are illegitimate, unless the law itself gives them legitimate status as in case casess of &rt $( and and ;$ whic which h give givess the the chil childr dren en legitimate status. &rticle ;0 also provides eBception to children born under &rticle $(. They shall be under the parental authority of their mother, mother, even if the father admits paternity.
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4ne of the effects effects of the declara declaratio tion n of nulli nullity ty of marriage is the separation of the property of the spouses according to the applicable property regime. %n a void marriage, the property relation of either parties during the period of cohabitation is governed by the provisions unde underr 1$ 1$ and and 1$8, 1$8, as the the case case may may be. be. %n the the li7uid li7uidat ation ion and partit partition ion of the proper property ty owned owned in comm common on by the the part partie iess in a void void marr marria iage ge,, the the provisions on co2ownership under the 'CC applies, applies, not &rt. ;/2;;/2;- in relation relation to 1/- and 1- C. &rticle &rticle ;/ makes eBplicit terms to the applicability of provisions under &rt. 0$ par. - to avoid marriages under &rt. 0/.
A-t. A-t. =1. "n sid sid p-tit p-tition, ion, the vlue vlue of the p-esup p-esuptiv tivee le7ities of ll coon child-en, coputed s of the dte of the finl >ud7ent of the t-il cou-t, shll be delive-ed in csh, p-ope-t p-ope-t o- sound secu-ities secu-ities,, unless unless the p-ties, b utul 7-eeent >udicill pp-oved, hd l-ed p-ovided fo- such tte-s. The The chil childd-en en o- thei thei-- 7u7u-di din n o- the the t-us t-uste teee of thei thei-p-ope-t s/ fo- the enfo-ceent of the >ud7ent. The delive- of the p-esuptive le7ities he-ein p-esc-ibed shll in no 0 p-e>udice the ultite successionl -i7hts of the child-en cc-uin7 upon the deth of eithe- of both of the p-entsB p-entsB but the vlue of the p-ope-tie p-ope-tiess l-ed l-ed -eceived unde- the dec-ee of nnulent o- bsolute nullit shll be conside-ed s dvnces on thei- le7itie. n ·
"ecree for declaration of absolute nullity or annulment of marria rriage ge shal shalll not not be issu issueed unl unless thes hese re7uirements following are complied with. ailure to comp comply ly with with thes thesee re7u re7uir irem emen ents ts shal shalll rend render er the the subs subse7 e7ue uent nt marr marria iage ge null null and and void void,, part partit itio ion n and and distribution of the properties of marriage shall not affect third persons
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations o
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Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law
!egistration of the entry of +udgement granting the petition for declaration of absolute nullity or annulment of marriage in the Civil !egistrar where the amily Court is located
*egal Separation does not sever the marriage bond unlike annulment and divorce, the reasons for separation happen after the marriage like that of divorce. %n annulment, the reasons eBist during the celebration of the marriage
!egist !egistrat ration ion of the approv approved ed petit petition ion and distribution of the properties of the spouses., in the the prop proper er !egi !egist stry ry of "eed "eedss wher wheree the the properties are located.
A-t. ==. A petition fo- le7l sep-tion be filed on n of the follo0in7 7-oundsD
"eli "elive very ry of the the chil childr dren en55s pres presum umpt ptiv ivee legitimes in cash, property or sound securitiesF
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&fter &fter the foreme forementi ntione oned d re7ui re7uire remen ments ts have have been been complied, the prevailing party shall be entitled to issue a "ecr "ecree ee for for decl declar arat atio ion n of abso absolu lute te null nullit ity y or annulment of marriage. :eFshe is re7uired however to cause the registration of the "ecree in the *ocal Civil !egistrar where the marriage was celebrated, where the amily Court is located, and on the 'ational Census and Statistics 4ffice. The registered decree shall be the best proof for the declaration of absolute nullity or annulment of marriage.
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%f the children were born before the +udgement becomes final final and eBecutory eBecutory,, declarin declaring g the marriage marriage null and void void,, they they are are legi legiti tima mate te.. Chil Childr dren en born born of void void marriages are illegitimate eBcept in &rticle ;$ and $(, where they are considered legitimate. The amily Court shall shall order order the *ocal *ocal Civil Civil !egistr !egistrar ar to issue issue an amended birth certificate showing the new status of the children, eBcept as mentioned in &rt. ;$ and $(.
A-t. =5. The >ud7ent of nnulent o- of bsolute nullit of the --i7e, the p-tition nd dist-ibution of the p-ope-ties of the spouses nd the delive- of the child-ens p-esuptive le7ities shll be -eco-ded in the pp-op-ite civil -e7ist- nd -e7is -e7ist-i t-ies es of p-ope p-ope-t -tBB otheothe-0ise 0ise,, the se se shll shll not ffect thi-d pe-sons. n A-t. =3. %ithe- of the fo-e- spouses -- 7in ftecop copli linc ncee 0ith 0ith the the -e@ui -e@ui-e -ee ent ntss of the the ied iedit itel el p-ecedin7 A-ticleB othe-0ise, the subse@uent --i7e shll be null nd void. A-t. =4. Child-en conceived o- bo-n befo-e the >ud7ent of nnulent o- bsolute nullit of the --i7e unde- A-ticle 36 hs bec becoe oe finl finl nd e
*egal Separation2 legal remedy available to parties in a valid but failed marriage for the purpose of obtaining a decree from the court entitling them to certain reliefs such as living separately from each other.
1 Repeted phsicl violence o- 7-ossl busive conduct conduct di-ected 7inst the petitione-, petitione-, coon child, o- child of the petitione-B H same is true if physical violence is in the form of an attempt on the life of the petitioner 2 psychological, seBual and repeated verbal abuse also fall under grossly abuse conduct 2 seBual violence are acts which are seBual in nature, committed against the women or children 5 Phsicl violence o- o-l p-essu-e p-essu-e to copel copel the petitione- to chn7e -eli7ious o- politicl ffilitionB K must be directe directed d against the the petitioner petitioner 3 Attept of -espondent -espondent to co--upt o- induce the petitione-, petitione-, coon child, o- child of the petitione-, petitione-, to en77e in p-ostitution, o- connivnce in such co--uption o- induceentB 4 )inl >ud7ent sentencin7 sentencin7 the -espondent -espondent to ip-isonent of o-e thn si< e-s, even if p-donedB = !-u7 ddiction o- hbitul lcoholis of the the -espondentB H must not be concealed and must have eBisted after the celebration of the marriage 6 (esbinis o- hoose
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations 9 Attept b the -espondent -espondent 7inst the life of the petitione-B oH re7uired is the intent to kill 1; Abndonent Abndonent of petitionepetitione- b -esponde -espondent nt 0ithout >ustifible cuse fo- o-e thn one ee-.. H voluntary separating from one another with no intent of returning to live together as husband and wife, and must be 19 under un+ustifiable un+ustifiable cause, -9 must be for more more than 1 year )o- pu-poses of this A-ticle, the te- child2 shll include child b ntu-e o- b doption. 9 A-t. =6. The petition fo- le7l sep-tion shll b e denied on n of the follo0in7 7-oundsD 1 he-e the 77-ieved 77-ieved p-t hs condoned the the offense o- ct coplined ofB H conditional forgiveness forgiveness or remission of one spouse of the matrimonial spouse of the other K cohabitation as as husband and and wife, after the commission of the offense, with knowledge or belief on the part of in+ured party, party, will amount to conclusive evidence to cohabition 5 he-e the 77-ieved 77-ieved p-t hs consented consented to the coission of the offense o- ct coplined ofB H agreement or conformity of one party to the commission of the act which would be a ground for legal separation 3 he-e the-e the-e is connivnce bet0een the p-ties in the coission of the offense o- ct constitutin7 the 7-ound fo- le7l sep-tionB H agreement of both parties to the commission of the act which would be a ground for legal separation K must be in the act of mind before the commission commission of the marital offense 4 he-e both p-ties p-ties hve 7iven 7-ound fofo- le7l sep-tionB H the petition for legal separation must be dismissed = he-e the-e the-e is collusion bet0een the p-ties p-ties to obtin dec-ee of le7l sep-tionB oH agreement between husband and wife to commit, or to be represented in in court to have committed, committed, for the purpose of obtaining obtaining of a divorce or legal separation separation 6 he-e the ction ction is b--ed b p-esc-iption. p-esc-iption. 1;; K within five years from the time of the occurance occurance of the cause, otherwise prescription is barred
"eath shall cause the case to be closed and terminated without pre+udice to the settlement of the estate proper proceedings in the regular courts. A-t. =?. An ction fo- le7l sep-tion shll be filed 0i thin five e-s f-o the tie of the occu--ence of the cuse. 1;5 A-t. =8. An ction fo- le7l sep-tion shll in no cse be t-ied befo-e si< onths shll hve elpsed since the fili n7 of the petition. 1;3
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law refers to the cooling period in order for the court to take steps to have the parties reconcile. The court shall remain passive and is precluded from hearing the suit A-t. =9. No le7l sep-tion be dec-eed unless the Cou-t hs t/en steps to0-d the -econcilition of the spouses nd is full stisfied, despite such effo-ts, tht -econcilition is hi7hl ip-obble. n ·
A-t. 6;. No dec-ee of le7l sep-tion shll be bsed upon stipultion of fcts o- confession of >ud7ent. "n n cse, the Cou-t shll o-de- the p-osecutin7 tto-ne o- fiscl ssi7ned to it to t/e steps to p-event collusion bet0een the p-ties nd to t/e c-e tht the evidence is not fb-icted o- supp-essed. 1;1 ·
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based on the fact fact of that the institution institution of marriage is sacred and that marriage marriage is more than a mere contract between parties parties Confession of +udgement takes place when the defendant appears in court and confesses the right of the plaintiff to +udgement or files a pleading eBpressly agreeing to the plaintiff5s plaintiff5s demand hen no answer is filed by the respondent in a legal separation case, the prosecuting attorney shall take steps to prevent collusion between parties, and to see to it that the evidence is not fabricated or suppressed, which must be done within one month following the receipt of such order and shall furnish copies for the parties and their their counsel. The parties shall shall file their their comments on the finding collusion within 1/ days from receipt of report. The court shall set the report for hearing and shall dismiss the petition if it is found that there was collusion. %f there is no collusion, then the court shall set the case for pre2trial. %t shall be the duty of the Public Prosecutor to appear on behalf of the State on the pre2trial.
A-t. 61. Afte- the filin7 of the petition fo- le7l sep-tion, the spouses shll be entitled to live sep-tel f-o ech othe-. The cou-t, in the bsence of 0-itten 7-eeent bet0een the spouses, shll desi7nte eithe- of the o- thi-d pe-son to diniste- the bsolute counit o- con>u7l p-tne-ship p-ope-t. p-ope-t. The dinist-todi nist-to- ppointed b the cou-t shll hve the se po0e-s nd duties s those of 7u-din unde- the Rules of Cou-t. Cou-t. 1;4 A-t. 65. !u-in7 the pendenc of the ction fo- le7l sep-tion, the p-ovisions of A-ticle 49 shll li/e0ise ppl to the suppo-t of the spouses nd the custod nd suppo-t of the coon child-en. 1;= ·
The Court the court may issue provisional remedies or protection order with or without without hearings, and may be enforced immediately with or without a bond for a
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations period of time time the court deems deems necessary, necessary, similar to what is mentioned in &rticle 0.
A-t. 63. The dec-ee of le7l sep-tion shll hve the follo0in7 effectsD 1 The spouses shll be entitled entitled to live sep-tel f-o f-o ech othe-, othe-, but the --i7e bonds shll not be seve-edB 5 The bsolute counit o- the con>u7l p-tne-ship shll be dissolved nd li@uidted but the offendin7 spouse shll hve no -i7ht to n sh-e of the net p-ofits e-ned b the bsolute counit o- the con>u7l p-tne-ship, 0hich shll be fo-feited in cco-dnce 0ith the p-ovisions of A-ticle 435B 3 The custod of the ino- child-en shll be 0-ded 0-ded to the innocent spouse, sub>ect to the p-ovisions of A-ticle 513 of this CodeB nd Shall be the parent designated by the Court, based on all the relevant considerations, especially the child5s choices when H y.o., unless chosen parent is unfit 'o child under y.o. y.o. shall be separated separated from the mother unless he court finds a compelling reason for such ·
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4 The offendin7 spouse shll be dis@ulified f-o f-o inhe-itin7 f-o the innocent spouse b intestte succession. *o-eove-, *o-eove-, p-ovisions in fvo- of the offendin7 spouse de in the 0ill of the innocent spouse shll be -evo/ed b ope-tion of l0. 1;6 "oes not affect validity of donations propter nuptias by innocent spouse in favor of the offender spouse 6utual support between spouses ceases upon finality of decree for legal separation. The court may however order the guilty spouse to provide support for the innocent spouse. Surname will remain the same
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law A-t. 6=. "f the spouses should -econcile, co--espondin7 >oint nifesttion unde- oth dul si7ned b the shll be filed 0ith the cou-t in the se p-oceedin7 fo- le7l sep-tion. n ·
hile proceeding is pending, proceeding is terminated
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&fter granting petition but before issuance, the court shall immediately issue a decree of !econciliation declaring the proceeding set aside and specifying the revival of the previous property regime Spouses are entitled to +oin custody of children
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Spouses are entitled to inherit by intestate
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Provisions in the will favoring the innocent spouse shall be revived automatically automatically !evocation of donation shall not be set aside Separation of property and any forfeiture in favor of the guilty pouse already effected shall subsist unless parties agree to revive their old property regime
A-t. 66. The -econcilition -efe--ed to in the p-ecedin7 A-ticles shll hve the follo0in7 conse@uencesD 1 The le7l sep-tion p-oceedin7s, if still pendin7, shll the-eb be te-inted t 0hteve- st7eB nd 5 The finl dec-ee of le7l sep-tion shll be set side, but the sep-tion of p-ope-t nd n fo-feitu-e of the sh-e of the 7uilt spouse l-ed effected shll subsist, unless the spouses 7-ee to -evive thei- fo-ep-ope-t -e7ie.
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The cou-ts o-de- continin7 the fo-e7oin7 shll be -eco-ded in the p-ope- civil -e7ist-ies. 1;8
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A-t. 6?. The 7-eeent to -evive the fo-e- p-ope-t -e7ie -efe--ed -efe--ed to in the p-ecedin7 A-ticle shll be e
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A-t. 64. Afte- the finlit of the dec-ee of le7l sep-tion, the innocent spouse -evo/e the dontions de b hi o- b he- in fvo- of the offendin7 spouse, s 0ell s the desi7ntion of the ltte- s benefici- in n insu-nce polic, even if such desi7ntion be stipulted s i--evocble. The -evoction of the dontions shll be -eco-ded in the -e7ist-ies of p-ope-t in the plces 0he-e the p-ope-ties -e locted. Alientions, liens nd encub-nces -e7iste-ed in 7ood fith befo-e the -eco-din7 of the coplint fo-evoction in the -e7ist-ies of p-ope-t shll be -espected. The -evoction of o- chn7e in the desi7ntion of the insu-nce benefici- shll t/e effect upon 0-itten notifiction the-eof to the insu-ed. The ction to -evo/e the dontion unde- this A-ticle ust be b-ou7ht 0ithin five e-s f-o the tie the dec-ee of le7l sep-tion becoe finl. 1;?
1 The p-ope-ties to be cont-ibuted ne0 to the the -esto-ed -esto-ed -e7ieB 5 Those to be -etined -etined s sep-ted p-ope-ties p-ope-ties of ech spouseB nd 3 The nes of ll thei- /no0n /no0n c-edito-s, theidd-esses nd the ounts o0in7 to ech. The 7-eeent of -evivl nd the otion fo- its pp-ovl shll be filed 0ith the cou-t in the se p-oceedin7 fo- le7l sep-tion, 0ith copies of both fu-nished to the c-edito-s ned the-ein. Afte- due he-in7, the cou-t shll, in its o-de-, t/e esu-e to p-otect the inte-est of c-edito-s nd such o-de- shll be -eco-ded in the p-ope- -e7ist-ies of p-ope-ties. The -eco-din7 of the o-de-in7 in the -e7ist-ies of p-ope-t shll not p-e>udice n c-edito- not listed o- not notified, unless the debto-spouse hs sufficient sep-te p-ope-ties to stisf the c-edito-s cli. 19=, 1;8
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations T"T(% """ R"&T# AN! E("AT"N# E%T%%N &$#EAN! AN! ")% A-t. 68. The husbnd nd 0ife -e obli7ed to live to7ethe-, to7ethe-, obse-ve utul love, -espect nd fidelit, nd -ende- utul help nd suppo-t. 1;9 ·
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Cohabitation or living together as husband and wife is a basic ground rule for marriage. marriage. %t is the public public assumption that they live together as husband and wife %t also includes the right to seBual intimacy from the other spouse, as one of the essential marital obligations is the procreation of children through seBual cooperation. %f they are legally separated, the husband can be sued for rape if he attempts to make his wife submit to him
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law dn7e-, dishono- o- in>u- to the othe- o- to the fil, the 77-ieved p-t ppl to the cou-t fo- -elief. 116 116 · ·
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A-t. 69. The husbnd nd 0ife shll fi< the fil doicile. "n cse of dis7-eeent, the cou-t shll decide. The cou-t e
The spouse who refuses to live with the other without +ust cause is not entitled to to separate maintenance maintenance or support
A-t. ?;. The spouses -e >ointl -esponsible fo- the suppo-t of the fil. The eu7l obli7tions shll be pid f-o the counit p-ope-t nd, in the bsence the-eof, f-o the incoe o- f-uits of theisep-te p-ope-ties. "n cse of insufficienc o- bsence of sid incoe o- f-uits, such obli7tions shll b e stisfied f-o the sep-te p-ope-ties. 111
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ABpenses of the family are chargeable with the following) community property and, in the absence thereof,
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the income or fruits of their separate properties
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the separate properties of the spouses
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ABpenses of the family are to be managed by both husband and wife based on the C
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A-t. ?1. The n7eent of the household shll be the -i7ht nd the dut of both spouses. The eu7l union o- coits cts 0hich tend to b-in7
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hen spouse leaves con+ugal dwelling) 4ur laws have no provision to compel the wife to live with the husband. :owever the husband may avail of the option under &rticle 18 C. &s such, the husband can cut the support of his wife if she refuses to live with him without +ust cause and without any moral or legal obstacle %f there is no intent to return, then the remaining spouse may petition the court for receivership wherein there will be +udicial separation of property or the remaining spouse shall be the sole administrator administrator of the con+ugal property hen spouse commits acts of seBual infidelity 6ay be a ground for legal separation, as well as grounds for criminal liability of concubinage or adultery. adultery. The aggrieved spouse may also ask the court for in+unction to stop the other spouse from further disposition of property aside from +udicial separation of property or the remaining spouse shall be the sole sole administrator of the con+ugal property in cases where a philandering spouse s7uanders the family family property9 property9 hen spouse sells con+ugal or community property without the other5s consent The aggrieved spouse may also ask the court for in+unction to stop the other spouse from further disposition of property without the other5s consent aside from receivership for the +udicial separation of property or for the remaining spouse spouse to be the sole administrator of the con+ugal property hen spouse commits violation of !.&. -(The wife may obtain protection orders from the barangay or the court to prevent further further violent acts against her, her children and to provide other reliefs under &rticle 8 of !&. -(- or the D&nti2iolence against omen omen and Their Children &ct of -//0E
A-t. ?3. %ithe- spouse eect onl on vlid, se-ious, nd o-l 7-ounds. "n cse of dis7-eeent, the cou-t shll decide 0hethe- onotD 1 The ob>ection is p-ope-B p -ope-B nd 5 Eenefit hs occu--ed to the fil p-io- to the ob>ection o- the-efte-. the-efte-. "f the benefit cc-ued p-io- to the ob>ection, the -esultin7 obli7tion shll be enfo-ced 7inst the sep-te p-ope-t of the spouse 0ho hs not obtined consent.
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations The fo-e7oin7 fo-e7oin7 p-ovisions p-ovisions shll not p-e> p-e>udice udice the -i7hts -i7hts of c-edito-s 0ho cted in 7ood fith. 11?
T"T(% "' PRP%RT+ R%(AT"N# E%T%%N &$#EAN! AN! ")% Chpte- 1. ene-l P-ovisions
A-t. ?4. The p-ope-t -eltionship bet0een husbnd nd 0ife shll be 7ove-ned in the follo0in7 o-de-D 1 E --i7e settleents settleents e
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The law allows the spouses to fiB their property relations during the marriage through a device known as marriage settlement sub+ect only to the condition that whatever settlement they may have must be within the limits provided by this Code. %n the absence of a marriage settlement or when the property regime regime agreed upon by the spouses in their their marriage settlement is void, the provisions in the amily Code shall govern the property relations between the spouses. spouses. The future spouses may agree upon the regime of absolute property, property, con+ugal partnership of gains, complete separation of property, or any other regime that is not contrary to law, customs, public order and public policy. policy. Prior to the amily code, the system of relative community or con+ugal property governs in absence of a marriage settlement. 'ow, the system of absolute community or con+ugal property governs in absence of a marriage settlement or if the settlement is void.
A-t. ?=. The futu-e spouses , in the --i7e settleents, 7-ee upon the -e7ie of bsolute counit, con>u7l p-tne-ship of 7ins, coplete sep-tion of p-ope-t, o- n othe- -e7ie. "n the bsence of --i7e settleent, o0hen the -e7ie 7-eed upon is void, the sste of bsolute counit of p-ope-t s estblished in this Code shll 7ove-n. 119
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law celeb-tion of the --i7e, sub>ect to the p-ovisions of A-ticles 66, 6?, 158, 13= nd 136. 151 A-t. ??. The --i7e settleents nd n odifiction the-eof shll be in 0-itin7, si7ned b the p-ties nd eudice thi-d pe-sons unless the -e -e7iste-ed in the locl civil -e7ist- 0he-e the --i7e cont-ct is -eco-ded s 0ell s in the p-ope- -e7ist-ies -e7ist-ies of p-ope-ties. 155 A-t. ?8. A ino- 0ho cco-din7 to l0 cont-ct --i7e lso eect to the p-ovisions of Title "G of this Code. 15; A-t. ?9. )o- the vlidit of n --i7e settleent eect to n othe- disbilit, it shll be indispensble fo- the 7u-din ppointed b copetent cou-t to be de p-t the-eto. 153 ·
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& marriage settlement or ante nuptial contract contract is a contract which is entered into before, but in consideration and contemplation of marriage, where the property relations relations of marriage marriage are fiBed and determined. determined. The marriage settlement itself or its modifications thereto must be made prior to the celebration of marriage. %t is however possible for the parties to modify their agreement in their settlement by resorting to complete separation of property pursuant to the provisions of &rt. 1$; or 1$( 1$( C. &lso, if one of the parties to the the marriage is suffering from from civil interdiction or any incapacity to give consent, it is indispensable for the guardian appointed by a component court to be made a part part of party thereto, otherwise the settlement is void The law re7uires that the settlements and any modifications to be made be done in writing. Prior to the C, marriage settlements were governed by &rt. 1- 'CC. 'otwithstanding 'otwithstanding eBpress eBpress provisions in the present article, article, the marriage marriage settlements settlements and its modifications shall be governed by Statute of rauds under &rt.10/$, &rt.10/$, par - sub2par C) D&ny agreement made in the consideration of the marriage, other than a mutual promise to marry marry.. & contract that infringes the Statute of rauds is not void but unenforceable, it must be ratified. &n oral marriage contract is unenforceable since its eBistence cannot be proven without a written agreement. or a marriage settlement to affect third persons, it is necessary that it be in writing and registered in the local civil registry and proper registries of property. property.
A-t. ?6. "n o-de- tht n odifiction in the --i7e settleents be vlid, it ust be de befo-e the A-t. 8;. "n the bsence of cont-- stipultion in --i7e settleent, the p-ope-t -eltions of the spouses
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law
shll be 7ove-ned b Philippine l0s, -e7-dless of the plce of the celeb-tion of the --i7e nd thei- -esidence. This -ule shll not pplD 1 he-e both spouses -e -e liensB 5 ith -espect -espect to the e
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Chpte- 5. !ontions b Reson of *--i7e
A-t. 85. !ontions b -eson of --i7e -e those 0hich -e de befo-e its celeb-tion, in conside-tion of the se, nd in fvo- of one o- both of the futu-e spouses. 156 ·
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This rule shall not apply in these cases) o %f there is contrary stipulation in the marriage settlement ith respect to the eBtrinsic validity of o contracts affecting property not situated in the Philippines and eBecuted in the country where the property is located3 and ith respect to the eBtrinsic validity of o contracts entered into in the Philippines but affecting property situated in a foreign country whose laws re7uire different formalities for its eBtrinsic validity. The future spouses are free to stipulate in their settlement what laws shall govern their property relations especially if they are residents in a foreign country. :owever, that with respect to the mandatory provisions of the the C, that shall govern since since the freedom of the spouses to stipulate must be gone within the limits provided by the C Philippine laws shall not apply to contracts in relations properties not located in the Philippines, Philippines, ollowing &rt. 1( 'CC, the issues relating property, whether personal or real, real, shall be governed governed by the law where such property is located. &bove provisions also apply if one of the parties in the marriage is a ilipino citi>en.
A-t. 81. %ve-thin7 stipulted in the settleents o- cont-cts -efe--ed -efe--ed to in the p-ecedin7 p -ecedin7 -ticles in conside-tion of futu-e --i7e, includin7 dontions bet0een the p-ospective spouses de the-ein, shll be -ende-ed -ende-ed void if the --i7e does not t/e plce. &o0eve-, stipultions tht do not depend upon the celeb-tion of the --i7es shll be vlid. 15= ·
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The celebration of marriage is a condition sine condition sine qua non for the validity of the marriage settlement. %n donations propter donations propter nuptias nuptias,, the fact that the marriage did not take place does not render the donation void, eBcept if the donation is contained in the marriage
settlement itself, it only gives rise to the cause to revoke to which if not revoked shall remain valid The rule does not apply to any provision where the its validity does not depend on the celebration of the marriage.
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"onations propter "onations propter nuptias nuptias are are those made before the celebration of marriage, in consideration of the same and in favor of one or both spouses The following re7uisites are re7uired before a donation can be considered as donation propter donation propter nuptias nuptias)) 6ust be made before the celebration of the o marriage 6ust be made in the consideration of the o marriage 6ust be in favor of one or both spouses o The marriage is a consideration but not necessary to give birth to the obligation &rt. 8( par 1 C9. This donation would remain valid if the proper action were not instituted or not instituted before the lapse of the statutory period for prescription
A-t. 83. These dontions -e 7ove-ned b the -ules on o-din- dontions estblished in Title """ of Eoo/ """ of the Civil Code, Code, insof- s the -e not odified b the follo0i n7 -ticles. 15? ·
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@nder the Civil Code, the donations propter donations propter nuptias nuptias were governed under the Statute of rauds under &rt. 1-- 'CC. @nder the amily Code, the same5s formal re7uirements must follow &rticles &rticles 08 and 0 'CC, otherwise such donations shall be void. %f what is donated is personal property has a value that eBceeds than ;,/// pesos, the law re7uires that such acceptable also be in writing, otherwise the donation is void. %f donations are real property, property, the law re7uires that the acceptance must be in a public instrument and if it is made in a separate instrument, there is an additional re7uirement re7uirement that the donor be notified in an authentic form and this step should be noted in both instruments, otherwise the donations shall be void
A-t. 84. "f the futu-e spouses 7-ee upon -e7ie othe- thn the bsolute counit of p-ope-t, p-ope-t, the cnnot donte to ech othe- in thei- --i7e settleents o-e thn onefifth of thei- p-esent p-ope-t. An e
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations !ontions of futu-e p-ope-t shll be 7ove-ned b the p-ovisions on testent- succession nd the fo-lities of 0ills. 13; ·
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"onations propter "onations propter nuptias nuptias must must be made by either or both of the spouses, spouses, %f the donation is to be made by one of the future spouses in favor of the other in a marriage settlement, such donation must not eBceed one fifth of the present property of the donor, if the property regime regime agreed upon in the marriage settlement is other than absolute community. The eBcess shall be void. %f it is absolute community, then there is no limitation. The reason is that in absolute community, both spouses are co2owners of all the property at the time of the marriage or thereafter, thereafter, unless otherwise provided in &rt. - or in the marriage settlement. %n the situation where he future spouses agreed upon a regime other than absolute community but the donation propter nuptias nuptias by by one spouse in favor of the other is not contained in the marriage settlement, the one fifth rules shall apply as long as the regime is not absolute community. community. The reason based on the policy that no spouse should be allowed to take advantage of the love and feelings of the other to ac7uire property from the latter "onations propter "onations propter nuptias nuptias for for future property are not prohibited, however however they will be governed by provisions on testamentary testamentary succession succession and formalities formalities of wills which are effective after the death of the spouse.
A-t. 8=. !ontions b -eson of --i7e of p-ope-t sub>ect to encub-nces shll be vlid. "n cse of fo-eclosu-e of the encub-nce nd the p-ope-t is sold fo- less thn the totl ount of the obli7tion secu-ed, the donee shll not be lible fo- the deficienc. "f the p-ope-t is sold fo- o-e thn the totl ount of sid obli7tion, the donee shll be entitled to the e
"onations propter "onations propter nuptias nuptias are are sub+ect to encumbrance since it does not divest the ownership of the property donated. %n case of foreclosure, if the proceeds of the sale of property are not sufficient. sufficient. The donee is not liable to the donor5s creditor sice the donee is not the debtor. debtor. %f the proceeds are in eBcess, the donee is entitled to the eBcess since he is now owner of the property
A-t. 86. A dontion b -eson of --i7e be -evo/ed b the dono- in the follo0in7 csesD 1 "f the --i7e is not celeb-ted o- >udicill decl-ed decl-ed void b initio e
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law ·
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"onations propter "onations propter nuptias nuptias are are valid eBcept if made in the marriage settlement 'on2celebration 'on2celebration of the marriage marriage only gives grounds grounds for revocation of such donations
5 hen the --i7e t/es plce plce 0ithout the consent of the p-ents o- 7u-din, s -e@ui-ed b l0B 3 hen the --i7e --i7e is nnulled, nd the the donee cted cted in bd fithB 4 $pon le7l sep-tion, the the donee bein7 the 7uilt spouseB = "f it is 0ith -esoluto- -esoluto- condition nd the condition condition is coplied 0ithB 6 hen the donee hs coitted coitted n ct of in7-titude s specified b the p-ovisions of the Civil Code on dontions in 7ene-l. 135 %f marriage is +udicially declared void ab initio, initio, donations shall remain valid but such grounds gives rise for revocation. %f it is declared void ab initio under &rt. &rt. 0/ C, then such donations donations is revoked under operation operation of law due to &rt. ;/ making &rt. 0$ and 00 applicable for marriages void under &rt. 0/9 %f marriage is annulled, the donee in bad faith gives grounds for the donor to revoke the donation. To give rise to a cause for revocation, the rule is that voidable marriage must be annulled. %f there is legal separation, the innocent spouse has the right to revoke donation. %f a donation is sub+ect to a resolutory condition and the condition is fulfilled, fulfilled, the donor ac7uires a right to revoke the donation "onations are revocable by reason of ingratitude based on presumed will of the donor as a penalty for failing to observe the moral imperatives that devolve upon him by virtue of benefit benefit received from from donation. Such Such acts are those referred in &rt. (; 'CC 4ffense against the person, the honor or property of the the donor, or of his wife, children under his parental authority3 donor imputes to the donor criminal offense offense of moral turpitude, even though he should prove it unless crime is against the donee, his wife or children children under his parental authority3 authority3 unduly refusal refusal of the donee to support the donor even though he is legally and morally bound to do so9 ABcept those under &rt, 8(09 and (0, the C does not give a prescription period for actions to revoke donations. @nder &rt. (0, the innocent spouse may revoke the donations made by him in favor of the offending spouse after the finality of the declaration of legal separation, where it must be within ; years after the decree is final. or acts of ingratitude under &rt. &rt. 8( (9, the period is one year for revocation of donations and donations p.n. ·
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations A-t. 8?. %ve- dontion o- 7-nt of 7-tuitous dvnt7e, di-ect o- indi-ect, bet0een the spouses du-in7 the --i7e shll be void, eoicin7. The p-ohibition shll lso ppl to pe-sons livin7 to7ethe- s husbnd nd 0ife 0ithout vlid --i7e. 133 ·
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"onating to each other is prohibited during the marriage. :owever, :owever, such rule is not absolute as it recogni>es the validity of moderate gifts during family re+oicing. :usband and wife are prohibited from selling property to each other, such sale is deemed void, eBcept under &rt. 10/ 'CC under the following conditions due to the remoteness of danger of fraud in contracts of sale that may be celebrated between husband and wife9) hen a separation of property was agreed o upon in the marriage settlements here there has been a +udicial separation of o property under &rt. 1$; and 1$( C Such eBceptions do not apply in the prohibition between spouses from from donating to each other under &rt. 8 unless their regime is complete separation of property or otherwise. otherwise. The spouses are prohibited from leasing each other parcels of land as stated in &rt. 1(0( 'CC. 'CC.
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law
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Chpte- 3. #ste of Absolute Counit #ection 1. ene-l P-ovisions A-t. 88. The bsolute counit of p-ope-t bet0een spouses shll coence t the p-ecise oent tht the --i7e is celeb-ted. An stipultion, e
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A-t. 89. No 0ive- of -i7hts, sh-es nd effects of the bsolute counit of p-ope-t du-in7 the --i7e cn be de eudicil sep-tion of p-ope-t. p-ope-t. hen the 0ive- t/es plce upon >udicil sep-tion of p-ope-t, p-ope-t, o- fte- the --i7e hs been d issolved onnulled, the se shll ppe- in public inst-uent nd shll be -eco-ded s p-ovided in A-ticle ??. The c-edito-s of the spouse 0ho de such 0ive- petition the cou-t to -escind the 0ive- to the e
%n absolute community, the spouses are considered co2 owners of all property brought into and ac7uired during the marriage which are not eBcluded from the community by either provision of the C or by the
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marriage settlement. This regime governs in the following circumstances) circumstances) %f the regime in the settlement is absolute community, then the provisions of the settlement shall govern the property relations relations between spouses spouses as long as they they do not violate mandatory provisions of the C and are not contrary to public morals and policy. %n all matters outside the C, the provisions under &rt. 080 to ;/1 shall also apply. %f the regime in the settlement applies to the spouses by default and persuant to provisions of &rt. ;, then the provisions on the C regarding regarding absolute community community shall govern and the provisions of the 'CC on co2 ownership shall apply in a supplementary manner. manner. hether &.C &.C of property is agreed upon in the settlement or by default, it shall apply automatically the precise moment the marriage marriage is celebrated. celebrated. &ny agreement that this regime shall commence at any other time is void %n &balos vs. 6acatangay #r, the court eBplained the nature of interest of each spouse in the con+ugal partnership prior prior to li7uidation. li7uidation. The interest of each spouse is limited to the net o remainder or remanente remanente liquid haber haber ganancial9 resulting from the li7uidation of the affairs of the partnership after its dissolution. Thus the right of the spouse to one2half of the con+ugal assets does not vest until the dissolution and li7uidation of the con+ugal partnership, or after after the dissolution dissolution of the marriage, it is finally determined that there are net assets left after settlement of con+ugal obligations9 which can be divided between spouses or their respective heirs. The same principle may likewise apply in regime of absolute community with respect to the share of each spouse in the community prior to dissolution and li7uidation. The right of each spouse to the remaining assets of the community already ripens to a title after payment of obligation and thus sub+ect to valid renunciation. Such waiver of interest of share in the &C of property after dissolution of marriage or its annulment or in the case of +udicial declaration of property, as re7uired by the Code, must be in a public instrument and recorded in the *C! where the marriage contract is recorded and in the proper registries of property. property. This is so as to protect the interests of third persons who may be pre+udiced by such waiver
#ection 5. ht Constitutes Counit P-ope-t A-t. 91. $nless othe-0ise p-ovided in this Chpte- o- in the --i7e settleents, the counit p-ope-t shll consist of ll the p-ope-t o0ned b the spouses t the tie of the celeb-tion of the --i7e o- c@ui-ed the-efte-. the-efte-. 19?
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations ·
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law
The spouses may agree to eBclude from their community property those properties they have at the time of their marriage celebration and include only properties they ac7uire after the the marriage. The fruits and income of these properties shall be included in the community property if there is a lack of agreement that is stipulated in their marriage settlement.
A-t. 95. The follo0in7 shll be ee0el- shll fo- p-t of the counit p-ope-tB 3 P-ope-t c@ui-ed c@ui-ed befo-e the --i7e --i7e b eithespouse 0ho hs le7itite descendnts b fo-e--i7e, nd the f-uits s 0ell s the incoe, if n, of such p-ope-t. p-ope-t. 5;1
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A-t. 93. P-ope-t c@ui-ed du-in7 the --i7e is p-esued to belon7 to the counit, unless it is p-oved tht it is one of those e
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Presumption in favor of community property should not only include the properties ac7uired during the marriage.
Properties ac7uired by either spouse before the marriage which have been eBcluded from the absolute community in the marriage settlement o Property ac7uired during the marriage through gratuitous title by either spouse, and its fruits and income, unless provided by donor, testator or grantor that they shall be part of the community property Property for personal and eBclusive use by o either spouse, eBcept +ewelry that shall form part of community. community. o Property ac7uired before the marriage by the spouse through a legitimate descendants by a former marriage and fruits and income of such property &ll properties ac7uired during the marriage belong to the community property eBcept) They must be ac7uired during the marriage o o They must be ac7uired by either spouse o "onor, testator or grantor eBpressly provides that they shall form part of the community of property. property. or properties ac7uired through gratuitous title to be considered as separate and eBclusive, the following re7uisites are re7uired) Par. Par. 1 of &rt - eBcludes property ac7uired through gratuitous title eBcluded from absolute community only if ac7uisition is made by either spouse. Such property shall be governed by &rt. 11$ 'CC if it is con+ugal and by &rt. &rt. ;$ if it is con+ugal. The fruits shall shall remain separate 4nly properties ac7uired during the subse7uent marriage shall be included in the community property. property. Properties ac7uired from a legitimate descendant by a prior marriage marriage are eBcluded and and cannot be included included in absolute community by marriage settlement due to the limits set forth by the amily Code Proceeds of separate property of either spouse that is sold or eBchanged for another shall be part of the community property following &rt. 1 if the property is eBcluded by marriage settlement and in the absence of any agreement. :owever, if the properties are separate by reason of mandatory mandatory provisions of law especially especially under &rt. -, the proceeds shall remain separate from the community property. o
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#ection 3. Ch-7es nd bli7tions of the Absolute Counit A-t. 94. The bsolute counit of p-ope-t shll be l ible fo-D 1 The suppo-t of the spouses, spouses, thei- coon child-en, child-en, nd le7itite child-en of eithe- spouseB ho0eve-, ho0eve-, the
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations suppo-t of ille7itite child-en shll be 7ove-ned b the p-ovisions of this Code on #uppo-tB Support of illegitimate children of either spouse shall come from the eBclusive property of the illegitimate2parent illegitimate2parent spouse, and in case of insufficiency insufficiency or absence of eBclusive property, property, shall be taken from the the community property property and will be considered as advances to be deducted from the share of each parent upon li7uidation of the absolute community 5 All debts nd obli7tions obli7tions cont-cted du-in7 du-in7 the --i7e b the desi7nted dinist-to-spouse fothe benefit of the counit, o- b both spouses, ob one spouse 0ith the consent of the othe-B The absolute community shall be liable for the following debts and obligations contracted during the marriage) "esignated administrator2spouse administrator2spouse for the o benefit of the community
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Aither spouse with the consent of the other o Aither spouse without the consent of the other to the eBtent that the family may have benefited, 3 !ebts nd obli7tions cont-cted cont-cted b eithe- spouse 0ithout the consent of the othe- to the eoo- ino- -epi-s, upon the counit p-ope-tB or taBes and eBpenses incurred during the marriage for the preservation of the property of a separate property of the spouse not improvements improvements and embellishments, embellishments, even if used by the family9, the same shall be charged if such separate property has been used by the family family = All t
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Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law 9 Antenuptil debts of eitheeithe- spouse othe- thn those fllin7 unde- p-7-ph ? of this A-ticle, the suppo-t of ille7itite child-en of eithe- spouse, nd libili ties incu--ed b eithe- spouse b -eson of c-ie o- @usidelict, in cse of bsence o- insufficienc of the e
A-t. 9=. hteve- be lost du-in7 the --i7e in n 7e of chnce, bettin7, s0eepst/es, o- n othe- /ind of 7blin7, 0hethe- pe-itted o- p-ohibited b l0, shll be bo-ne b the lose- nd shll not be ch-7ed to the counit but n 0innin7s the-ef-o shll fo- p-t of the counit p-ope-t. p-ope-t. 164 ·
The following are obligations are chargeable to the eBclusive properties of the debtor2spouse) debtor2spouse) Support of illegitimate children o o "ebts contracted by designator administrator2spouse administrator2spouse during the marriage that did not benefit the community &nte nuptial debts of either spouse that did o not redound to the benefit of the family "ebts contracted during the marriage by o either spouse without the consent of the other that did not redound to the benefit of the family TaBes and eBpenses incurred for the o preservation of the of a separate separate property of either spouse which is not being used by the family Civil liability of either spouse arising from o crime or 7uasi2delict o ABpenses of litigation between spouses, if suit is found to be groundless o *osses during the marriage in any game of chance, betting, sweepstakes, sweepstakes, or any kind of gambling
#ection 4. 0ne-ship, Adinist-tive, %n>oent nd !isposition of the Counit P-ope-t A-t. 96. The dinist-tion nd en>oent of the couni t p-ope-t shll belon7 to both spouses >ointl. "n cse of
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law
dis7-eeent, the husbnds decision shll p-evil, sub>ect to -ecou-se to the cou-t b the 0ife fo- p-ope- -eed, -eed, 0hich ust be viled of 0ithin five e-s f-o the dte of the cont-ct ipleentin7 such decision.
are assets in the community as a result of the li7uidation and settlement A-t. 9?. %ithe- spouse dispose b 0i ll of his o- heinte-est in the counit p-ope-t. p-ope-t. n
"n the event tht one spouse is incpcitted o- othe-0ise unble to p-ticipte in the dinist-tion of the coon p-ope-ties, the othe- spouse ssue sole po0e-s of dinist-tion. These po0e-s do not include disposition oencub-nce 0ithout utho-it of the cou-t o- the 0-itten consent of the othe- spouse. "n the bsence of such utho-it o- consent, the disposition o- encub-nce shll be void. &o0eve-, &o0eve-, the t-nsction shll be const-ued s continuin7 offe- on the p-t of the consentin7 spouse nd the thi-d pe-son, nd be pe-fected s bindin7 cont-ct upon the cceptnce b the othe- spouse o- utho-i:tion b the cou-t befo-e the offe- is 0ithd-0n b eithe- o- both offe-o-s. 5;6
Such disposition shall take effect upon the death of the spouse when in such case, the community property is terminated terminated A-t. 98. Neithe- spouse donte n counit p-ope-t 0ithout the consent of the othe-. &o0eve-, eithe- spouse , 0ithout the consent of the othe-, othe-, /e ode-te dontions f-o the counit p-ope-t fo- ch-it o- on occsions of fil -e>oicin7 o- fil dist-ess. n
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%n the following situations, one of the spouses may assume sole powers of administration of the common property 4ne spouse is incapacitated incapacitated or otherwise o incapable in participating in the administration, administration, the other spouse may assume sole powers without the need for consent or approval. o "uring the pendency of a legal separation case, the court hearing the case may designate either spouse as the sole administrator administrator of the absolute community where said administrator shall have the same powers as those of a guardian under the !ules of Court o %f either spouse abandons the other without +ust cause or fails to comply comply with his or or her obligations to the family, the aggrieved spouse may petition the court for authority to be the sole administrator of the community &lienation transfer transfer of property from one person to another9 of community property must have written consent of the other spouse or the authority of the court, without which disposition or encumbrance shall be void. The same rule applies even if disposition is made by administrator spouse because sole power of administration does not include disposition or encumbrance without the authority of court or written consent of the other spouse. 'either spouse can dispose of their their respective respective interest in the community property by way of disposition inter vivos. vivos. The rule under &rt. $$ 'CC does not find application in this case for the interest of either spouse in the community assets is inchoate which constitutes neither a legal nor an e7uitable estate, and does not ripen until it appears that there
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#ection =. !issolution of Absolute Counit Re7ie A-t. 99. The bsolute counit te-intesD 1 $pon the deth of eithe- spouseB 5 hen the-e is dec-ee of le7l sep-tionB sep-tionB 3 hen the --i7e is nnulled o- decl-ed voidB o4 "n cse of >udicil sep-tion sep-tion of p-ope-t du-in7 the --i7e unde- A-ticles 134 to 138. 1?= Complete separation of property is the only one of the three &CP, CP=, CSP9 allowed to commence during the marriage. The Code allows only a shift to CSP during marriage marriage as either an incident of the decree of legal separation, or pursuant to a petition for +udicial separation under &rt. 1$; or 1$( ·
A-t. 1;;. The sep-tion in fct bet0een husbnd nd 0ife shll not ffect the -e7ie of bsolute counit eu7l hoe o- -efuses -efuses to live the-ein, 0ithout >ust cuse, shll not hve the -i7ht to be suppo-tedB 5 hen the consent of one spouse to n t-nsction t-nsction of the othe- is -e@ui-ed b l0, >udicil utho-i:tion shll be obtined in su- p-oceedin7B 3 "n the bsence of sufficient sufficient counit p-ope-t, p-ope-t, the sep-te p-ope-t of both spouses shll be solid-il lible fo- the suppo-t of the fil. The spouse p-esent shll, upon p-ope- petition in su- p -oceedin7, be 7iven >udicil utho-it to diniste- o- encuben specific sep-te p-ope-t of the othe- spouse nd use the f-uits o- p-oceeds the-eof to stisf the ltte-s sh-e. 1?8 Separation de facto refers facto refers to situation where spouses simply separate without the benefit of a decree of legal separation. o They retain their right to consortium because under the eyes of the law they are not entitled to live separately %t does not affect the regimes of &CP or o CP= ·
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations o
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The spouses continue to be the legal heir of each other via intestate succession There is neither guilty nor innocent spouse
#udicial authori>ation may be obtained in a summary proceeding when the consent of one spouse to any transaction of the other is re7uired by law. &CP or CP= shall continue to be liable for all obligations mentioned in &rt. &rt. - and 1-1, and in absence of sufficient &CP or CPP, the separate properties of one or both spouses shall shall be solidarily solidarily liable for the support of the family. family.
A-t. 1;1. "f spouse 0ithout >ust cuse bndons the otheo- fils to copl 0ith his o- he- obli7tions to the fil, the 77-ieved spouse petition the cou-t fo- -eceive-ship, fo- >udicil sep-tion of p-ope-t o- fo- utho-it to be the sole dinist-to- of the bsolute counit, sub>ect to such p-ecution- conditions s the cou-t ipose. The obli7tions to the fil entioned in i n the p-ecedin7 p-7-ph -efe- to -itl, p-entl o- p-ope-t -eltions. A spouse is deeed to hve bndoned the othe- 0hen he- oshe hs left the con>u7l d0ellin7 0ithout intention of -etu-nin7. The spouse 0ho hs left the con>u7l d0ellin7 fo pe-iod of th-ee onths o- hs filed 0ithin the se pe-iod to 7ive n info-tion s to his o- he- 0he-ebouts shll be p-i fcie p-esued to hve no intention of -etu-nin7 to the con>u7l d0ellin7. 1?8 ·
%f separation de facto is facto is attended by abandonment, the following effects are likewise produced) o The spouse, who leaves the con+ugal home or refuses to live therein without +ust cause, shall not have the right to be supported. The aggrieved spouse may petition the o court for receivership, for +udicial declaration of separation of property or authority to be sole administrator, administrator, sub+ect to such precautionary conditions which the court may impose The aggrieved spouse may petition the o court for legal separation if such abandonment lasts for more than 1 year.
#ection 6. (i@uidtion of the Absolute Counit Assets nd (ibilities A-t. 1;5. $pon dissolution of the bsolute counit -e7ie, the follo0in7 p-ocedu-e shll pplD 1 An invento- shll be p-ep-ed, p-ep-ed, listin7 sep-tel ll the p-ope-ties of the bsolute counit nd the e
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law of sid ssets, the spouses shll be solid-il lible fothe unpid blnce 0ith thei- sep-te p-ope-ties in cco-dnce 0ith the p-ovisions of the second p-7-ph of A-ticle 94. 3 hteve- -eins -eins of the eect to fo-feitu-e in cco-dnce 0ith A-ticles 43, No. 5 nd 63, No. 5, the sid p-ofits shll be the inc-ese in vlue bet0een the -/et vlue of the couni t p-ope-t t the tie of the celeb-tion of the --i7e nd the -/et vlue t the tie of its dissolution. = The p-esuptive le7ities of the coon child-en shll be delive-ed upon p-tition, in cco-dnce 0ith A-ticle =1. 6 $nless othe-0ise 7-eed 7-eed upon b the p-ties, in the p-tition of the p-ope-ties, the con>u7l d0ellin7 nd the lot on 0hich it is situted shll be d>udicted to the spouse 0ith 0ho the >o-it of the coon child-en choose to -ein. Child-en belo0 the 7e of seven e-s -e deeed to hve chosen the othe-, unless the cou-t hs decided othe-0ise. "n cse the-e in no such >o-it, the cou-t shll decide, t/in7 into conside-tion the best inte-ests of sid child-en. n A-t. 1;3. $pon the te-intion of the --i7e b deth, the counit p-ope-t shll be li@uidted in the se p-oceedin7 fo- the settleent of the estte of the decesed. "f no >udicil settleent p-oceedin7 is instituted, the su-vivin7 spouse shll li@uidte the counit p-ope-t eithe- >udicill o- eudicill 0ithin si< onths f-o the deth of the decesed spouse. "f upon the lpse of the si< onths pe-iod, no li@uidtion is de, n disposition oencub-nce involvin7 the counit p-ope-t of the te-inted --i7e shll be void. #hould the su-vivin7 spouse cont-ct subse@uent --i7e 0ithout coplince 0ith the fo-e7oin7 -e@ui-eents, ndto- -e7ie of coplete sep-tion of p-ope-t shll 7ove-n the p-ope-t -eltions of the subse@uent --i7e. n A-t. 1;4. heneve- the li@uidtion of the counit p-ope-ties of t0o o- o-e --i7es cont-cted b the se pe-son befo-e the effectivit of this Code is c--ied out siultneousl, the -espective cpitl, f-uits nd incoe of ech counit shll be dete-ined upon such p-oof s be conside-ed cco-din7 to the -ules of evidence. "n cse of doubt s to 0hich counit the e
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations ·
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The termination of the absolute community is produced ipso produced ipso jure by jure by any of the cases mentioned in &rt. . *i7uidation, meanwhile, involves some positive act on the part of the spouses or of the the surviving spouse, in case of death of the spouse. *i7uidation of &CP is mandatory if marriage is terminated by death of either spouse. %f upon the lapse of one year upon death of either spouse, and no li7uidation is made, any disposition or encumbrance involving the community property of the terminated marriage is declared by law to be void. %f the surviving spouse contracts a subse7uent marriage without compliance to the foregoing re7uirements, the subse7uent marriage shall be governed by CSP @nder the law, the rights to the succession are transmitted from the moment of death of the decedent. &s a conse7uence, a co2owner has the right to alienate his pro his pro indiviso indiviso share in the co2 owned property even without the consent of the co2 owners. %f no li7uidation takes place one year after the death of one spouse and the surviving spouse contracts a subse7uent marriage without compliance to the foregoing re7uirements, the subse7uent marriage shall be governed by CSP, even if the spouses agree to &CP or CP= in their settlement.
Chpte- 4. Con>u7l P-tne-ship of ins #ection 1. ene-l P-ovisions
A-t. 1;=. "n cse the futu-e spouses 7-ee in the --i7e settleents tht the -e7ie of con>u7l p-tne-ship 7ins shll 7ove-n thei- p-ope-t -eltions du-in7 --i7e, the p-ovisions in this Chpte- shll be of suppleent- ppliction. The p-ovisions of this Chpte- shll lso ppl to con>u7l p-tne-ships of 7ins l-ed estblished bet0een spouses befo-e the effectivit of this Code, 0ithout p-e>udice to vested -i7hts l-ed c@ui-ed in cco-dnce 0ith the Civil Code o- othe- l0s, s p-ovided in A-ticle 5=6. n A-t. 1;6. $nde- the -e7ie of con>u7l p-tne-ship of 7ins, the husbnd nd 0ife plce in coon fund the p-oceeds, p-oducts, f-uits nd incoe f-o thei- sep-te p-ope-ties nd those c@ui-ed b eithe- o- both spouses th-ou7h theieffo-ts o- b chnce, nd, upon dissolution of the --i7e o- of the p-tne-ship, the net 7ins o- benefits obtined b eithe- o- both spouses shll be divided e@ull bet0een the, unless othe-0ise 7-eed in the --i7e settleents. 145 ·
There is no co2ownership of the properties in the con+ugal partnership of gains.
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law ·
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Such regime shall commence only at the precise moment the marriage is celebrated. &ny &ny agreement between spouses that that this regime regime shall commence commence at any other time is void. Spouses who are legally separated may not adopt con+ugal partnership as their new regime in case of reconciliation, reconciliation, although the same seems to be permitted under provisions of Sec. -$ c9 and -0 a9 on the !ules of *egal Separation %n &balos vs. 6acatangay #r, the court eBplained the nature of interest of each spouse in the con+ugal partnership prior to li7uidation. li7uidation. The interest of each spouse is limited to the o net remainder or remanente liquid haber haber ganancial9 resulting from the li7uidation of the affairs of the partnership after its dissolution. Thus the right of the spouse to one2half of the con+ugal assets does not vest until the dissolution and li7uidation of the con+ugal partnership, or after the dissolution of the marriage, it is finally determined that there are net assets left after settlement of con+ugal obligations9 which can be divided between spouses or their respective heirs.
A-t. 1;?. The -ules p-ovided in A-ticles 88 nd 89 shll lso ppl to con>u7l p-tne-ship of 7ins. n A-t. 1;8. The con>u7l p-tne-ship shll be 7ove-ned b the -ules on the cont-ct of p-tne-ship in ll tht is not in conflict 0ith 0ht is e
#ection 5. %
A-t. 1;9. The follo0in7 shll be the e
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations The future spouses cannot include in their con+ugal partnership properties ac7uired prior to the marriage by one of them who has legitimate descendants descendants in his or her previous marriage applying by analogy the provisions of &rt. -, 'o. $ *ivestock shall continue to be eBclusive property of the spouses. 4nly the eBcess in number of each kind brought into the marriage which which shall be determined determined at the dissolution of the partnership shall be considered as con+ugal property. 5 Tht 0hich ech c@ui-es du-in7 the --i7e b 7-tuitous titleB The only difference from &CP is that even the income and fruits and income of such property shall also be deemed eBclusive 3 Tht 0hich is c@ui-ed b -i7ht -i7ht of -edeption, b b-te- o- b e
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A-t. 11;. The spouses -etin the o0ne-ship, possession, dinist-tion nd en>oent of thei- e
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law A-t. 113. P-ope-t donted o- left b 0ill to the spouses, >ointl nd 0ith desi7ntion of dete-inte sh-es, sh-es, shll pe-tin to the doneespouses s his o- he- o0n eudice to the -i7ht of cc-etion 0hen p-ope-. 1=;
%f the property is donated or left by will to the spouses +ointly and with with designation of determinate shares the share of each in the said property shall be considered %f a donation is made +ointly to persons who are not husband and wife, the rule is there is no accretion, accretion taking place only when so eBpressly provided for the donor. A-t. 114. "f the dontions -e one-ous, the ount of the ch-7es shll be bo-ne b the eu7l p-tne-ship of 7ins. 1=1 ·
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!efers to those donations where a burden or changes inferior in value compared to the property donated is imposed by the donee %f a donation is made during the marriage in favor of the husband but the donor imposes a burden or charges inferior in value to the property donated, such property shall remain eBclusive of the donee spouse although con+ugal funds were used for the burden or charges, in such case the con+ugal property shall be reimbursed by the donee spouse for the amount advanced. A-t. 11=. Reti-eent benefits, pensions, nnuities, 7-tuities, usuf-ucts nd siil- benefits shll be 7ove-ned b the -ules on 7-tuitous o- one-ous c@uisitions s be p-ope- in ech cse. n ·
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The same shall not pre+udice third persons
%n case of transfer of administration, administration, such administration administration does not include the power to dispose or encumber without the consent of the owner2spouse or of the authori>ation of the court, otherwise, the administration administration is terminated and the proceeds of the alienation shall be returned to the owner2spouse. A-t. 111. A spouse of 7e o-t77e, encube-, liente o- othe-0ise dispose of his o- he- e
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!e7uires only the participation of the owner2spouse.
#ection 3. Con>u7l P-tne-ship P-ope-t
A-t. 116. All p-ope-t c@ui-ed du-in7 the --i7e, 0hethethe c@uisition ppe-s to hve been de, cont-cted o-e7iste-ed -e7iste-ed in the ne of one o- both spouses, is p-esued to be con>u7l unless the cont-- is p-oved. 16; ·
A-t. 115. The liention of n e
%f one spouse obtains such benefit through liberality of grantor, grantor, rule on &rt. 1/ applies. :owever, if the benefit is simply and accumulation or deduction from money earned during the marriage or from the salaries of either spouse, then the rules in &rt. 11 -9 applies, the benefit is part of the con+ugal property.
Such presumption applies even if Dthe ac7uisition appears to have been made, contracted or registered in the name of one or both spousesE. hat is important is that the ac7uisition is made during the marriage. :owever, :owever, when there is no showing as to when the property alleged alleged to be con+ugal was ac7uired, the the presumption does not operate. Proof Proof of the ac7uisition ac7uisition
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations is a condition sine condition sine qua non for non for the operation of the presumption in favor of the con+ugal con+ugal partnership. partnership. Such presumption is rebuttable with strong, clear, categorical, and convincing evidence that such property belongs eBclusively eBclusively to one of the spouses and the burden of proof rests rests on the party party asserting it. it. A-t. 11?. The follo0in7 -e con>u7l p-tne-ship p-ope-tiesD ·
1 Those c@ui-ed b one-ous one-ous title du-in7 the --i7e t the e
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5 Those obtined f-o the lbo-, lbo-, indust-, 0o-/ op-ofession of eithe- o- both of the spousesB 3 The f-uits, ntu-l, indust-il, o- civil, due o- -eceived -eceived du-in7 the --i7e f-o the coon p-ope-t, s 0ell s the net f-uits f-o the e
%ndustrial2 produced by lands through cultivation or labor Civil2 rents of building, price of leases on land o and other property, and the amount of perpetual or life life annuities or other similar similar income &ny interest income falling due during the marriage on credit payable on installment and belonging to one of the spouses belongs to the con+ugal con+ugal partnership. &ny sum collected on the principal shall remain eBclusive property of the creditor2spouse creditor2spouse 4 The sh-e of eitheeithe- spouse in the hidden hidden t-esu-e t-esu-e 0hich the l0 0-ds to the finde- o- o0ne- of the p-ope-t 0he-e the t-esu-e is foundB = Those c@ui-ed th-ou7h th-ou7h occuption such s fishin7 ohuntin7B ure of things which have no owner and with intention of ac7uiring them according to the rules laid down by the law) o There must be a sei>ure The things must be corporeal o There must be intention to appropriate o o The things must not be owned by anybody o The rules laid down by the law must be fulfilled o
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Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law 6 (ivestoc/ eu7l funds belon7s to the bue- o- bue-s if full o0ne-ship 0s vested befo-e the --i7e nd to the con>u7l p-tne-ship if such o0ne-ship 0s vested du-in7 the --i7e. "n eithe- cse, n ount dvnced b the p-tne-ship o- b eithe- o- both spouses shll be -eibu-sed b the o0ne- o- o0ne-s upon li@uidtion of the p-tne-ship. n ·
A-t. 119. heneve- n ount o- c-edit pble 0ithin pe-iod of tie belon7s to one of the spouses, the sus 0hich be collected du-in7 the --i7e in i n p-til pents ob instllents on the p-incipl shll be the eu7l p-tne-ship. 1=6, 1=? A-t. 15;. The o0ne-ship of ip-oveents, 0hethe- fo- utilit o- do-nent, de on the sep-te p-ope-t of the spouses t the eu7l p-tne-ship, o- to the o-i7inl o0ne-spouse, sub>ect to the follo0in7 -ulesD hen the cost of the ip-oveent de b the con>u7l p-tne-ship nd n -esultin7 inc-ese in vlue -e o-e thn the vlue of the p-ope-t t the tie of the ip-oveent, the enti-e p-ope-t of one of the spouses shll belon7 to the con>u7l p-tne-ship, sub>ect to -eibu-seent of the vlue of the p-ope-t of the o0ne- spouse t the tie of the ip-oveentB othe-0ise, sid p-ope-t shll be -etined in o0ne-ship b the o0ne-spouse, o0ne-spouse, li/e0ise sub>ect to -eibu-seent of the cost of the ip-oveent.
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"n eithe- cse, the o0ne-ship of the enti-e p-ope-t shll be vested upon the -eibu-seent, 0hich shll be de t the tie of the li@uidtion of the con>u7l p-tne-ship. 1=8 ·
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&pplies to the case where an eBclusive property is sub+ect to improvement at the eBpense of the con+ugal partnership or through through the acts or efforts of of either or both spouses. or &rt. 1-/ to apply, the following re7uisites must apply)
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations Property is eBclusively owned by either spouse Said property has been sub+ect to o improvement, whether utility or adornment The improvements were made at the eBpense o of the con+ugal partnership or through the acts or effects of either or both spouses %n determining the ownership o hen the cost of the improvement made by the con+ugal partnership and any resulting increase in value are more than the value of the property at the time of the improvement, the entire property of one of the spouses shall belong to the con+ugal con+ugal partnership, partnership, sub+ect to reimbursement of the value of the property of the owner2spouse at the time of the improvement o hen the cost of the improvement made by the con+ugal partnership and any resulting increase in value are less than the value of the property at the time of the improvement, improvement, the the entire property of one of the spouses shall belong to the con+ugal con+ugal partnership, partnership, said property shall be retained in ownership ownership by the owner2spouse, owner2spouse, likewise sub+ect to reimbursement of the cost of the improvement 4wnership shall be vested in favor of the con+ugal property upon the reimbursement. reimbursement. Similarly, Similarly, the the con+ugal partnership is re7uired to make an reimbursement reimbursement only at the time of the li7uidation of the con+ugal partnership, there is however nothing preventing the partnership partnership from reimbursement reimbursement prior to li7uidation o
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#ection 4. Ch-7es $pon nd bli7tions of the Con>u7l P-tne-ship A-t. 151. The con>u7l p-tne-ship shll be li ble fo-D 1 The suppo-t of the spouse, spouse, thei- coon child-en, child-en, nd the le7itite child-en of eithe- spouseB ho0eve-, ho0eve-, the suppo-t of ille7itite child-en shll be 7ove-ned b the p-ovisions of this Code on #uppo-tB 5 All debts nd obli7tions obli7tions cont-cted du-in7 du-in7 the --i7e b the desi7nted dinist-to-spouse fothe benefit of the con>u7l p-tne-ship of 7ins, o- b both spouses o- b one of the 0ith the consent of the othe-B 3 !ebts nd obli7tions cont-cted cont-cted b eithe- spouse 0ithout the consent of the othe- to the eo- o- ino- -epi-s upon the con>u7l p-tne-ship p-ope-tB
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law = All tu7l p-tne-ship is insufficient to cove- the fo-e7oin7 libilities, the spouses shll be solid-il lible fothe unpid blnce 0ith thei- sep-te p-ope-ties. 161 · ·
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!ules under &rt. 0 and ; apply @nder CP=, the law established a complete separation of capitals, all of which constitutes an unsurmountable obstacle to the presumption of solidarity between spouses. Con+ugal partnership is not liable for the individual liabilities of debtor2spouse in &lipio vs. C& the Court ruled that a creditor cannot sue the surviving spouse of a decedent for the collection of money chargeable against the con+ugal property9 %f contracted by both spouses or either spouse with the consent of the other, such debt is considered to have redounded for the benefit of the family, family, and in such case the creditor no longer has the burden to prove the debt was contracted for the benefit of the partnership or the family. %n case of debt contracted by designated administrator2 spouse without consent of the other spouse or prior to marriage, the con+ugal partnership shall be liable only if it can be proven by that the debt redounded to the benefit of the con+ugal partnership partnership or the family family..
A-t. 155. The pent of pe-sonl debts cont-cted b the husbnd o- the 0ife befo-e o- du-in7 the --i7e shll not be ch-7ed to the con>u7l p-ope-ties p-tne-ship e
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law
child-en of eithe- spouse, be enfo-ced 7inst the p-tne-ship ssets fte- the -esponsibilities enue-ted in the p-ecedin7 A-ticle A-ticle hve been cove-ed, if the spouse 0ho is bound should hve no eu7l p-tne-ship but n 0innin7s the-ef-o shll fo- p-t of the con>u7l p-tne-ship p-ope-t. p-ope-t. 164
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#ection =. Adinist-tion of the Con>u7l P-tne-ship P-ope-t ·
A-t. 154. The dinist-tion nd en>oent of the con>u7l p-tne-ship shll belon7 to both spouses >ointl. "n cse of dis7-eeent, the husbnds decision shll p-evil, sub>ect to -ecou-se to the cou-t b the 0ife fo- p-ope- -eed, -eed, 0hich ust be viled of 0ithin five e-s f-o the dte of the cont-ct ipleentin7 such decision. "n the event tht one spouse is incpcitted o- othe-0ise unble to p-ticipte in the dinist-tion of the con>u7l p-ope-ties, the othe- spouse ssue sole po0e-s of dinist-tion. These po0e-s do not include disposition oencub-nce 0ithout utho-it of the cou-t o- the 0-itten consent of the othe- spouse. "n the bsence of such utho-it o- consent, the disposition o- encub-nce shll be void. &o0eve-, &o0eve-, the t-nsction shll be const-ued s continuin7 offe- on the p-t of the consentin7 spouse nd the thi-d pe-son, nd be pe-fected s bindin7 cont-ct upon the cceptnce b the othe- spouse o- utho-i:tion b the cou-t befo-e the offe- is 0ithd-0n b eithe- o- both offe-o-s. 16= A-t. 15=. Neithe- spouse donte n con>u7l p-tne-ship p-ope-t 0ithout the consent of the othe-. othe-. &o0eve-, eithe- spouse , 0ithout the consent of the othe-, /e ode-te dontions f-o the con>u7l p-tne-ship p-ope-t fo- ch-it o- on occsions of fil -e>oicin7 ofil dist-ess. 1?4 ·
%n the following situations, one of the spouses may assume sole powers of administration of the common property o 4ne spouse is incapacitated incapacitated or otherwise incapable in participating in the administration, administration, the other spouse may assume sole powers without the need for consent or approval. "uring the pendency of a legal separation o case, the court hearing the case may
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designate either spouse as the sole administrator administrator of the absolute community where said administrator shall have the same powers as those of a guardian under the !ules of Court %f either spouse abandons the other without o +ust cause or fails to comply comply with his or her obligations to the family, family, the aggrieved spouse may petition the court for authority to be the sole administrator of the community Sole power of administration does not include disposition or encumbrance without the authority of court or written consent of the other spouse since these two acts are in nature strict acts of ownership. &lienation means transfer of property from one person to another. another. %n Civil Code, the husband is sole administrator of property. property. ation, such transaction as based in :omeowners :omeowners Savings and and *oan
#ection 6. !issolution of Con>u7l P-tne-ship Re7ie
A-t. 156. The con>u7l p-tne-ship te-intesD 1 $pon the deth of eithe- spouseB 5 hen the-e is dec-ee of le7l sep-tionB sep-tionB 3 hen the --i7e is nnulled o- decl-ed voidB o4 "n cse of >udicil sep-tion sep-tion of p-ope-t du-in7 the --i7e unde- A-ticles 134 to 138. 1?= A-t. 15?. The sep-tion in fct bet0een husbnd nd 0ife shll not ffect the -e7ie of con>u7l p-tne-ship, eu7l hoe o- -efuses -efuses to live the-ein, 0ithout >ust cuse, shll not hve the -i7ht to be suppo-tedB
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations 5 hen the consent of one spouse to n t-nsction t-nsction of the othe- is -e@ui-ed b l0, >udicil utho-i:tion shll be obtined in su- p-oceedin7B 3 "n the bsence of sufficient sufficient con>u7l p-tne-ship p-tne-ship p-ope-t, p-ope-t, the sep-te p-ope-t of both spouses shll be solid-il lible fo- the suppo-t of the fil. The spouse p-esent shll, upon petition in su- p-oceedin7, be 7iven >udicil utho-it to dinisteo- encube- n specific sep-te p-ope-t of the othe- spouse nd use the f-uits o- p-oceeds the-eof to stisf the ltte-s sh-e. 1?8 Separation de facto refers facto refers to situation where spouses simply separate without the benefit of a decree of legal separation. They retain their right to consortium o because under the eyes of the law they are not entitled to live separately o %t does not affect the regimes of &CP or CP= The spouses continue to be the legal heir of o each other via intestate succession There is neither guilty nor innocent spouse o ·
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#udicial authori>ation may be obtained in a summary proceeding when the consent of one spouse to any transaction of the other is re7uired by law. &CP or CP= shall continue to be liable for all obligations mentioned in &rt. &rt. - and 1-1, and in absence of sufficient &CP or CPP, the separate properties of one or both spouses shall shall be solidarily solidarily liable for the support of the family. family.
A-t. 158. "f spouse 0ithout >ust cuse bndons the otheo- fils to copl 0ith his o- he- obli7tion to the fil, the 77-ieved spouse petition the cou-t fo- -eceive-ship, fo >udicil sep-tion of p-ope-t, p-ope-t, o- fo- utho-it to be the sole dinist-to- of the con>u7l p-tne-ship p-ope-t, sub>ect to such p-ecution- conditions s the cou-t ipose. The obli7tions to the fil entioned in i n the p-ecedin7 p-7-ph -efe- to -itl, p-entl o- p-ope-t -eltions. A spouse is deeed to hve bndoned the othe- 0hen he oshe hs left the con>u7l d0ellin7 0ithout intention of -etu-nin7. The spouse 0ho hs left the con>u7l d0ellin7 fo pe-iod of th-ee onths o- hs filed 0ithin the se pe-iod to 7ive n info-tion s to his o- he- 0he-ebouts shll be p-i fcie p-esued to hve no intention of -etu-nin7 to the con>u7l d0ellin7. 16?, 191
#ection ?. (i@uidtion of the Con>u7l P-tne-ship Assets nd (ibilities A-t. 159. $pon the dissolution of the con>u7l p-tne-ship -e7ie, the follo0in7 p-ocedu-e shll pplD
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law 1 An invento- shll be p-ep-ed, p-ep-ed, listin7 sep-tel ll the p-ope-ties of the con>u7l p-tne-ship nd the eu7l p-tne-ship p-tne-ship in pent of pe-sonl debts nd obli7tions of eithespouse shll be c-edited to the con>u7l p-tne-ship s n sset the-eof. 3 %ch spouse shll be -eibu-sed -eibu-sed fo- the use of his ohe- eu7l p-tne-ship. 4 The debts nd obli7tions of the con>u7l p-tne-ship shll be pid out of the con>u7l ssets. "n cse of insufficienc of sid ssets, the spouses shll be solid-il lible fo- the unpid blnce 0ith theisep-te p-ope-ties, in cco-dnce 0ith the p-ovisions of p-7-ph 5 of A-ticle 151. = hteve- -eins -eins of the eu7l funds, if n. ? The net -einde- of the con>u7l p-tne-ship p-tne-ship p-ope-ties shll constitute the p-ofits, 0hich shll be divided e@ull bet0een husbnd nd 0ife, unless diffe-ent p-opo-tion o- division 0s 7-eed upon in the --i7e settleents o- unless the-e hs been volunt- 0ive- o- fo-feitu-e of such sh-e s p-ovided in this Code. 8 The p-esuptive le7ities of the coon child-en shll be delive-ed upon the p-tition in cco-dnce 0ith A-ticle =1. 9 "n the p-tition of the the p-ope-ties, the con>u7l con>u7l d0ellin7 nd the lot on 0hich it is situted shll, unless othe-0ise 7-eed upon b the p-ties, be d>udicted to the spouse 0ith 0ho the >o-it of the coon child-en choose to -ein. Child-en belo0 the 7e of seven e-s -e deeed to hve chosen the othe-, othe-, unless the cou-t hs decided othe-0ise. "n cse the-e is no such >o-it, the cou-t shll decide, t/in7 into conside-tion the best inte-ests of sid child-en. 181, 185, 183, 184, 18= A-t. 13;. $pon the te-intion of the --i7e b deth, the con>u7l p-tne-ship p-ope-t shll be li@uidted in the se p-oceedin7 fo- the settleent of the estte of the decesed. "f no >udicil settleent p-oceedin7 is instituted, the su-vivin7 spouse shll li@uidte the con>u7l p-tne-ship p-ope-t eithe- >udicill o- eudicill 0ithin si< onths f-o the deth of the decesed spouse. "f upon the lpse of the si<onth pe-iod no li@uidtion is de, n disposition o- encub-nce involvin7 the con>u7l
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations p-tne-ship p-ope-t of the te-inted --i7e shll be void. #hould the su-vivin7 spouse cont-ct subse@uent --i7e 0ithout coplince 0ith the fo-e7oin7 -e@ui-eents, ndto- -e7ie of coplete sep-tion of p-ope-t shll 7ove-n the p-ope-t -eltions of the subse@uent --i7e. n ·
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The termination of the con+ugal partnership is produced ipso produced ipso jure by jure by any of the cases mentioned in &rt. 1$/. *i7uidation, meanwhile, involves some positive act on the part of the spouses or of the the surviving spouse, in case of death of the spouse. *i7uidation of &CP is mandatory if marriage is terminated by death of either spouse. %f upon the lapse of siB months upon death of either spouse, and no li7uidation is made, any disposition or encumbrance involving the community property of the terminated marriage is declared by law to be void. %f the surviving spouse contracts a subse7uent marriage without compliance to the foregoing re7uirements, the subse7uent marriage shall be governed by CSP @nder the law, the rights to the succession are transmitted from the moment of death of the decedent. &s a conse7uence, a co2owner has the right to alienate his pro his pro indiviso indiviso share in the co2 owned property even without the consent of the co2 owners. %f no li7uidation takes place one year after the death of one spouse and the surviving spouse contracts a subse7uent marriage without compliance to the foregoing re7uirements, the subse7uent marriage shall be governed by CSP, even if the spouses agree to &CP or CP= in their settlement.
A-t. 131. heneve- the li@uidtion of the con>u7l p-tne-ship p-ope-ties of t0o o- o-e --i7es cont-cted b the se pe-son befo-e the effectivit of this Code is c--ied out siultneousl, the -espective cpitl, f-uits nd incoe of ech p-tne-ship shll be dete-ined upon such p-oof s be conside-ed cco-din7 to the -ules of evidence. "n cse of doubt s to 0hich p-tne-ship the eu7l p-tne-ship, nd othette-s 0hich -e not e
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law belon7s to the is delive-edB but f-o this shll be deducted tht ount -eceived fo- suppo-t 0hich e
Chpte- =. #ep-tion of P-ope-t of the #pouses nd Adinist-tion of Coon P-ope-t b ne #pouse !u-in7 the *--i7e A-t. 134. "n the bsence of n eudicil o-de-. o-de-. #uch >udicil sep-tion of p-ope-t eithe- be volunt- o- fo- sufficient cuse. 19; ·
Separation of properties between spouses shall take place only in the the following circumstances) circumstances) hen the future spouses have agreed in o their marriage settlement that their property relations during marriage shall be governed by the regime of separation of property o hen the surviving spouse to a previous marriage terminated terminated by death of the other spouse contracts a subse7uent marriage without compliance to the re7uirement of li7uidation within one year, the subse7uent marriage shall be governed by CSP o @pon finality of a decree for legal separation, the &CP or CP= regime shall be dissolved and and li7uidated, and and what shall govern is the CSP hen the court approves the +oint petition o of the spouses for the voluntary dissolution of the &CP or CP=, CSP shall govern o hen the court decrees the separation of the spouses following the petition of the spouses following the petition of one of the spouses for such separation based on the grounds provided on &rt. 1$;
A-t. 13=. An of the follo0in7 shll be conside-ed sufficient cuse fo- >udicil sep-tion of p-ope-tD
%f separation of property is not in the marriage settlement, it may be resorted by) o iling a petition for legal separation iling a petition for separation of property o either voluntary or for sufficient sufficient cause 1 Tht the the spouse spouse of the the pet petitione itione-- hs been been sentenc sentenced ed to penlt 0hich c--ies 0ith it civil inte-dictionB 5 Tht the spouse of the petitione- hs been been >udicill decl-ed n bsenteeB ·
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations Aven if spouse is absent for re7uired - years, if the person is the administrator administrator of of such property the the re7uirement to be declared as absentee is ; years. 3 Tht loss of p-entl p-entl utho-it of the spouse spouse of petitione- hs been dec-eed b the cou-tB 4 Tht the spouse of the petitione- hs bndoned bndoned the ltte- o- filed to copl 0ith his o- he- obli7tions to the fil s p-ovided fo- in A-ticle 1;1B Those referred to under &rt. (8 to 1 with regards to husband and wife, and --/, --1 and --; in regards to parents and children. ·
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= Tht the spouse 7-nted 7-nted the po0e- of dinist-tion in the --i7e settleents hs bused tht po0e-B nd %t is necessary that the power of administration administration must be granted to the spouse in the marriage settlement settlement itself, otherwise this section shall not apply. 6 Tht t the tie of the the petition, the spouses hve been sep-ted in fct fo- t lest one e- nd -econcilition is hi7hl ip-obble. ·
"n the cses p-ovided fo- in Nube-s 1, 5 nd 3, the p-esenttion of the finl >ud7ent 7inst the 7uilt obsent spouse shll be enou7h bsis fo- the 7-nt of the dec-ee of >udicil sep-tion of p-ope-t. p-ope-t. 191 A-t. 136. The spouses >ointl file ve-ified petition 0ith the cou-t fo- the volunt- dissolution of the bsolute counit o- the con>u7l p-tne-ship of 7ins, nd fo- the sep-tion of thei- coon p-ope-ties. ·
The spouses may agree to voluntarily dissolve their &CP or CP= however such agreement will not produce any legal effect effect if the the same is not approved by the courts. The courts may not disapprove disapprove any petition for separation separation of property property on the grounds that the court is not satisfied with the reasons of the parties.
All c-edito-s of the bsolute counit o- of the con>u7l p-tne-ship of 7ins, s 0ell s the pe-sonl c-edito-s of the spouse, shll be listed in the petition nd notified of the filin7 the-eof. The cou-t shll t/e esu-es to p-otect the c-edito-s nd othe- pe-sons 0ith pecuni- i nte-est. 191 A-t. 13?. nce the sep-tion of p-ope-t hs been dec-eed, the bsolute counit o- the con>u7l p-tne-ship of 7ins shll be li@uidted in confo-it 0ith this Code. !u-in7 the pendenc of the p-oceedin7s fo- sep-tion of p-ope-t, p-ope-t, the bsolute counit o- the con>u7l p-tne-ship shll p fo- the suppo-t of the spouses nd theichild-en. 195
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law A-t. 138. Afte- dissolution of the bsolute counit o- of the con>u7l p-tne-ship, the p-ovisions on coplete sep-tion of p-ope-t shll ppl. 191 A-t. 139. The petition fo- sep-tion of p-ope-t nd the finl >ud7ent 7-ntin7 the se shll be -eco-ded in the p-ope- locl civil -e7ist-ies nd -e7ist-ies of p-ope-t. p-ope-t. 193 A-t. 14;. The sep-tion of p-ope-t shll not p-e>udice the -i7hts p-eviousl c@ui-ed b c-edito-s. 194
The decree of separation of property shall have the following effects 4nce the separation of property has been o decreed, the absolute community or the con+ugal partnership of gains shall be li7uidated in conformity with the provisions of &rt. 1/- and 1- of this Code. &fter dissolution of the absolute o community or of the con+ugal partnership, the provisions on complete separation of property shall apply. apply. o %n order to bind third persons, the petition and final +udgment for separation of property must be recorded in the the proper *C! and registries of property. :owever, the rights which are previously ac7uired by creditors prior to the +udicial separation of property shall not be pre+udiced pre+udiced by the +udicial decree decree of separation separation of property A-t. 141. The spouses , , in the se p-oceedin7s 0he-e sep-tion of p-ope-t 0s dec-eed, file otion in cou-t fo dec-ee -evivin7 the p-ope-t -e7ie tht e
1 hen the civil inte-diction te-intesB te-intesB 5 hen the bsentee bsentee spouse -eppe-sB -eppe-sB 3 hen the cou-t, bein7 stisfied stisfied tht the spouse 7-nted the po0e- of dinist-tion in the --i7e settleents 0ill not 7in buse tht po0e-, utho-i:es the -esuption of sid dinist-tionB 4 hen the spouse 0ho hs left the con>u7l hoe 0ithout dec-ee of le7l sep-tion -esues coon life 0ith the othe-B = hen p-entl utho-it is >udicill -esto-ed -esto-ed to the spouse p-eviousl dep-ived the-eofB 6 hen the spouses 0ho hve sep-ted in fct fo- t lest one e-, -econcile nd -esue coon lifeB o? hen fte- volunt- dissolution of the bsolute counit of p-ope-t o- con>u7l p-tne-ship hs been >udicill dec-eed upon the >oint petition of the spouses, the 7-ee to the -evivl of the fo-ep-ope-t -e7ie. No volunt- sep-tion of p-ope-t the-efte- be 7-nted. The -evivl of the fo-e- p-ope-t -e7ie shll be 7ove-ned b A-ticle 6?. 19=
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations A-t. 145. The dinist-tion of ll clsses of eudicill >udicill decl-ed n bsenteeB bsenteeB 3 hen one spouse is sentenced sentenced to penlt 0hich c--ies 0ith it civil i nte-dictionB o4 hen one spouse becoes becoes fu7itive f-o >ustice >ustice o- is in hidin7 s n ccused in c-iinl cse. "f the othe- spouse is not @ulified b -eson of incopetence, conflict of inte-est, o- n othe- >ust cuse, the cou-t shll ppoint suitble pe-son to be the dinist-to-. dinist-to-. n ·
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Transfer Transfer may be by agreement or by order of the court. &lso, under &rt. 11/ 11/ the transfer is allowed by means of public instrument which shall be recorded in the registry of property where the property is located %f transfer is by court order, it may be done based only on the following reasons) o 4wner spouse is under guardianship o 4wner spouse is +udicially declared an absentee o 4wner spouse is sentenced to a penalty which carries with it civil interdiction o 4wner spouse becomes a fugitive from +ustice or is is in hiding as an accused in a criminal case. %t is shall be transferred to the other spouse unless the they are not 7ualified due to incompetence, conflict of interest or any other +ust cause. %n such case, the court shall appoint a suitable person as administrator.
Chpte- 6. Re7ie of #ep-tion of P-ope-t
A-t. 143. #hould the futu-e spouses 7-ee in the --i7e settleents tht thei- p-ope-t -eltions du-in7 --i7e shll be 7ove-ned b the -e7ie of sep-tion of p-ope-t, p-ope-t, the p-ovisions of this Chpte- shll be suppleto-. 515 A-t. 144. #ep-tion of p-ope-t -efe- to p-esent ofutu-e p-ope-t p-ope-t o- both. "t b e totl o- p-til. "n the ltte- cse, the p-ope-t not 7-eed upon s sep-te shll pe-tin to the bsolute counit. 513 A-t. 14=. %ch spouse shll o0n, dispose of, possess, diniste- nd en>o his o- he- o0n sep-te estte, 0ithout need of the consent of the othe-. othe-. To ech spouse shll belon7 ll e-nin7s f-o his o- he- p-ofession, business o- indust- nd ll f-uits, ntu-l, indust-il o- civil, due o- -eceived du-in7 the --i7e f-o his o- he- sep-te p-ope-t. 514
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law A-t. 146. Eoth spouses shll be- the fil e
ABcept in marriages declared void ab initio under initio under &rt. 0/, the property regime that shall govern in a void marriage shall not be CP= or &CP but the provisions under &rt. 10 and 108
A-t. 14?. hen n nd 0on 0ho -e cpcitted to -- ech othe-, othe-, live eoint effo-ts, 0o-/ o- indust-, nd shll be o0ned b the in e@ul sh-es. )o- pu-poses of this A-ticle, p-t 0ho did not p-ticipte in the c@uisition b the othe- p-t of n p-ope-t shll be deeed to hve cont-ibuted >ointl in the c@uisition the-eof if the fo-e-s effo-ts consisted in the c-e nd intennce of the fil nd of the household. Neithe- p-t cn encube- o- dispose b cts inte- vivos of his o- he- sh-e in the p-ope-t c@ui-ed du-in7 cohbittion nd o0ned in coon, 0ithout 0i thout the consent of the othe-, othe-, until fte- the te-intion of thei- cohbittion. hen onl one of the p-ties to void --i7e is in 7ood fith, the sh-e of the p-t in bd fith in the coo0ne-ship shll be fo-feited in fvo- of thei- coon child-en. "n cse of defult of o- 0ive- b n o- ll of the coon child-en o- thei- descendnts, ech vcnt sh-e shll belon7 to the -espective su-vivin7 descendnts. "n the bsence of descendnts, such sh-e shll belon7 to the innocent p-t. "n ll cses, the fo-feitu-e shll t/e plce upon te-intion of the cohbittion. 144 ·
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Shall only apply in the following conditions) o capacitated refers to legal capacity to marry9 to marry each other o live eBclusively with each other as husband and wife living without the benefit of marriage or o under a void marriage Shall not only apply in the following conditions) 6inors who lived eBclusively as husband o and wife
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations o
oid as first cousins under &rt. $8
Shall only apply in the case of psychological incapacity, lack of marriage license or similar reasons. The properties ac7uired during the cohabitation shall be distributed as follows) ages and salaries shall be owned by them o in e7ual shares, even if only one of them contributes to wages and salaries o Property ac7uired by both through work or industry shall shall be governed by the rules on co2ownership. %n absence of proof to the contrary, contrary, properties ac7uired while together shall be presumed to have been obtained through +oint efforts, even if only one party participated in in the ac7uisition ac7uisition of such properties The share of the party on the co2ownership o in void marriage who is in bad faith shall be forfeited forfeited in favor of their their common children, surviving descendants for the vacant share in case the former defaults or waives their share, or to the innocent party in absence of descendants. Such forfeiture shall take place upon the termination of the cohabitation party can dispose or encumber by o 'either party acts inter vivos of his or her share of he property ac7uired ac7uired during the cohabitation cohabitation and owned in common, without the consent of the other until the termination of he cohabitation. %n other words, disposal of share in co2ownership shall be allowed is by way of mortis causa, causa, or inter vivos if vivos if there is consent of the other spouse A-t. 148. "n cses of cohbittion not fllin7 unde- the p-ecedin7 A-ticle, A-ticle, onl the p-ope-ties c@ui-ed b both of the p-ties th-ou7h thei- ctul >oint cont-ibution of one, p-ope-t, p-ope-t, o- indust- shll be o0ned b the in coon in p-opo-tion to thei- -espective cont-ibutions. "n the bsence of p-oof to the cont--, thei- cont-ibutions nd co--espondin7 sh-es -e p-esued to be e@ul. The se -ule nd p-esuption shll ppl to >oint deposits of one nd evidences of c-edit.
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law ·
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"f one of the p-ties is vlidl --ied to nothe-, nothe-, his o- hesh-e in the coo0ne-ship shll cc-ue to the bsolute counit o- con>u7l p-tne-ship e
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Shall apply in the following cases
The fo-e7oin7 -ules on fo-feitu-e shll li/e0ise ppl even if both p-ties -e in bd fith.
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law
T"T(% ' T&% )A*"(+ )A*"(+
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Chpte- 1. The )il s n "nstitution
A-t. 149. The fil, bein7 the foundtion of the ntion, is bsic socil institution 0hich public polic che-ishes nd p-otects. Conse@uentl, Conse@uentl, fil -eltions -e 7ove-ned b l0 nd no custo, p-ctice o- 7-eeent dest-uctive of the fil shll be -eco7ni:ed o- 7iven effect. 516, 518 ·
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4ur family law is based on the policy that marriage is not a mere social contract but a social institution which the state is vitally interested Senator Tolentino Tolentino clarifies that only the eBternal aspect of family relations is contemplated in the rules stated in the second sentence because it is only here that third persons and public interest are concerned.
A-t. 1=;. )il -eltions include thoseD 1 Eet0een Eet0een husbnd nd 0ifeB 5 Eet0een p-ents p-ents nd child-enB 3 Aon7 b-othe-s nd siste-s, siste-s, 0hethe- of the the full ohlfblood. 51? The eBtent of the term ?family relations includes those defined in &rt. 1;/ as well as ascendants and descendants. Such enumeration is eBclusive and defines the operation of this article ·
Chpte- 5. The )il &oe
A-t. 1=5. The fil hoe, constituted >ointl b the husbnd nd the 0ife o- b n un--ied un --ied hed of fil, is the d0ellin7 house 0he-e the nd thei- fil -eside, nd the lnd on 0hich it is situted. 553 ·
This -ules shll not ppl to cses 0hich not be the sub>ect of cop-oise unde- the Civil Code. Code. 555 ·
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The policy of the state regarding the amily under Sec. 1 &rt. L of the Constitution is eBemplified and given flesh in the provisions of this &rticle in the C which re7uires that earnest efforts towards a compromise be eBerted first before action or suit between or among members of the same family may be given course. The Civil Code Commission eBplains the reason for such a re7uirement which is as follows) DThis rule is introduced because it is difficult to imagine a sadder and more tragic spectacle than a litigation between members of the same familyE !e7uirement is mandatory that the complaint or petition, which which must be verified, verified, should allege allege that earnest efforts towards a compromise have been made
& family home is the dwelling place of a person and his family
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A-t. 1=3. The fil hoe is deeed constituted on house nd lot f-o the tie it is i s occupied s fil -esidence. )-o the tie of its constitution nd so lon7 s n of its benefici-ies ctull -esides the-ein, the fil hoe continues to be such nd is e
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A-t. 1=1. No suit bet0een ebe-s of the se fil shll p-ospe- unless it should ppe- f-o the ve-ified coplint o- petition tht e-nest effo-ts to0-d cop-oise hve been de, but tht the se hve filed. "f it is sho0n tht no such effo-ts 0e-e in fct de, the se cse ust be disissed.
but that the same same failed, so so that if shown shown that no such efforts were made, the case must be dismissed. 6embers of the family under &rt. 1;1 should be construed as those referring to &rt. 1;/. Thus hose not included shall not be considered as members of the family.
%t is not only the spouses who may constitute the family home on the properties of &CP or CP=, or on eBclusive property of either either with the other5s consent. consent. Aven an unmarried head of family may constitute a family home on hisFher own property.
A-t. 1=4. The benefici-ies of fil hoe -eD 1 The husbnd nd 0ife, o- n un--ied pe-son 0ho is the hed of filB nd 5 Thei- p-ents, scendnts, scendnts, descendnts, b-othe-s b-othe-s nd siste-s, 0hethe- the -eltionship be le7itite l e7itite oille7itite, 0ho -e livin7 in the fil hoe nd 0ho depend upon the hed of the fil fo- le7l suppo-t. 556 This article also includes in2laws where the family home is constituted +ointly by the husband and wife, maids and overseers are however not included. ·
A-t. 1==. The fil hoe shll be e
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations
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se-vice o- fu-nished te-il fo- the const-uction of the buildin7. 543 This eBemption is effective from the time of the constitution of the family home as such and lasts so long as any of the beneficiaries resides therein
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law ·
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A-t. 1=6. The fil hoe ust be p-t of the p-ope-ties of the bsolute counit o- the con>u7l p-tne-ship, o- of the eect of conditionl sle on instllents 0he-e o0ne-ship is -ese-ved b the vendo- onl to 7u-ntee pent of the pu-chse p-ice be constituted s fil hoe. 55?, 558 A-t. 1=?. The ctul vlue of the fil hoe shll not eo-it of the benefici-ies of le7l 7e. "n cse of conflict, the cou-t shll decide. 53=
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The law does not prohibit the alienation or encumbrance of the family home. :owever, :owever, the law re7uires written consent of the following persons in the sale, alienation, donation or encumbrance of the family home) The person constituting the family home
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The latter5s spouse
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6a+ority of the beneficiaries of legal age.
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:owever, :owever, when the family home is part of the &C or CP, its alienation or encumbrance during the marriage without the consent of the other shall be void.
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A-t. 1=9. The fil hoe shll continue despite the deth of one o- both spouses o- of the un--ied hed of the fil fo- pe-iod of ten e-s o- fo- s lon7 s the-e is inobenefici-, benefici-, nd the hei-s cnnot p-tition the se unless the cou-t finds copellin7 -esons the-efo-. the-efo-. This -ule shll ppl -e7-dless of 0hoeve- o0ns the p-ope-t o- constituted the fil hoe. 538
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@nder &rt. 1;$ and 1;, the following rules shall apply in the event of the death of the person or persons who constitute the family home) The family home continues as such for as long as there is a minor beneficiary actually residing therein
A-t. 16;. hen c-edito- 0hose clis is not on7 those entioned in A-ticle 1== obtins >ud7ent in his fvo-, fvo-, nd he hs -esonble 7-ounds to believe tht the fil hoe is ctull 0o-th o-e thn the ud7ent fo- n o-de- di-ectin7 di-ectin7 the sle of the p-ope-t unde- eud7ent nd the costs. The eud7ent debto-. 54?, 548 A-t. 161. )o- pu-poses of vilin7 of the benefits of fil hoe s p-ovided fo- in this Chpte-, Chpte-, pe-son constitute, o- be the benefici- of, onl one fil hoe. n A-t. 165. The p-ovisions in this Chpte- shll lso 7ove-n e
T"T(% '" PAT%RN"T+ AN! )"("AT"N Chpte- 1. (e7itite Child-en
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations A-t. 163. The filition of child-en be b ntu-e o- b doption. Ntu-l filition be le7itite o- ille7itite. n A-t. 164. Child-en conceived o- bo-n du-in7 the --i7e of the p-ents -e le7itite. Child-en conceived s -esult of -tificil inseintion of the 0ife 0ith the spe- of the husbnd o- tht of dono- oboth -e li/e0ise le7itite child-en of the husbnd nd his 0ife, p-ovided, tht both of the utho-i:ed o- -tified such inseintion in 0-itten inst-uent e
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iliation of children may be by nature legitimate or illegitimate9 illegitimate9 or by adoption created by a +udgment of adoption a +udicial act whereby the same rights and obligations as filiation by blood are established for the adoptive parent and the adopted child9. & child born within a valid marriage is legitimate as is a child born prior to the annulment of a voidable marriage. Children born outside outside of a valid marriage such a wedlock or void marriages are illegitimate, illegitimate, eBcept those marriages declared void under &rt. $( and ;$. The law does not recogni>e as valid the use of a surrogate mother, mother, as such the child will be considered as illegitimate unless the child is adopted by the spouses.
A-t. 16=. Child-en conceived nd bo-n outside vlid --i7e -e ille7itite, unless othe-0ise p-ovided in this Code. n
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law 1 Tht it 0s phsicll ipossible fo- the husbnd to hve seation which was obtained through mistake, fraud, violence, intimidation or undue influence, she has no right to impugn the legitimacy of the child. The proper party to impugn the child5s legitimacy is the husband since the right is strictly personal to him. %n eBceptional cases, it may be eBercised by his heirs. %t is submitted that this section should refer only to situations where the sperm of the donor is used in the artificial insemination insemination of the wife. ·
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A-t. 166. (e7itic of child be ipu7ned onl on the follo0in7 7-oundsD ·
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Children born to a valid marriage are presumed legitimate. legitimate. Such presumption applies even if the mother declares against its legitimacy due to first, such declaration may have been adopted in a fit of anger or to arouse +ealousy of the husband3 and second, as a guaranty in favor of the children whose condition should not be under the mercy of the passions of their parents9. :owever, :owever, such such presumption is is not conclusive and may be overthrown by evidence to the contrary. contrary. Such ground for impugning the legitimacy of a chold are enumerated in this article. &s a rule, impugning the legitimacy of a child is strictly the personal right of a husband for the simple reason that he is the one directly confronted with the scandal and ridicule which the infidelity of the wife produces and he should be the one to decide whether to conceal it or eBpose it in view of economic and moral interest involved.
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations A-t. 16?. The child shll be conside-ed le7itite lthou7h the othe- hve decl-ed 7inst its le7itic o- hve been sentenced s n dulte-ess. 5=6 A-t. 168. "f the --i7e is te-inted nd the othecont-cted nothe- --i7e 0ithin th-ee hund-ed ds fte- such te-intion of the fo-e- --i7e, these -ules shll 7ove-n in the bsence of p-oof to the cont--D
&pplies to marriages that are terminated by whatever reason. Thus the problem arises to which marriage the child belongs. &s such the provisions of this article provides the following following presumptions) presumptions) 1 A child bo-n befo-e befo-e one hund-ed ei7ht ds fte- the soleni:tion of the subse@uent --i7e is conside-ed to hve been conceived du-in7 the fo-e--i7e, p-ovided it be bo-n 0ithin th-ee hund-ed ds fte- the te-intion of the fo-e- --i7eB 5 A child bo-n ftefte- one hund-ed hund-ed ei7ht ds follo0in7 the celeb-tion of the subse@uent --i7e is conside-ed to hve been conceived du-in7 such --i7e, even thou7h it be bo-n 0ithin the th-ee hund-ed ds fte- the te-intion of the fo-e--i7e. 5=9 Such presumption may be rebutted by proof to the contrary, contrary, and as such the presumption only applies if there is absence of proof to the contrary. contrary. ·
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law A-t. 1?1. The hei-s of the husbnd ipu7n the filition of the child 0ithin the pe-iod p-esc-ibed in the p-ecedin7 -ticle onl in the follo0in7 csesD 1 "f the husbnd should died died befo-e the e
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A-t. 169. The le7itic o- ille7itic of child bo-n fteth-ee hund-ed ds follo0in7 the te-intion of the --i7e shll be p-oved b 0hoeve- lle7es such le7itic o- ille7itic. 561 ·
&pplies to a situation where marriage is terminated and a child is born after $// days following termination of the marriage, which gives rise to the issue of the status of the child. &s such, the law leaves the burden of proof to whoever may allege such legitimacy or illegitimacy.
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A-t. 1?;. The ction to ipu7n the le7itic of the child shll be b-ou7ht 0ithin one e- f-o the /no0led7e of the bi-th o- its -eco-din7 in the civil -e7iste-, if the husbnd o-, in p-ope- cse, n of his hei-s, should -eside in the cit ouniciplit 0he-e the bi-th too/ plce o- 0s -eco-ded. "f the husbnd o-, o-, in his defult, ll of his hei-s do not -eside t the plce of bi-th s defined in the fi-st p-7-ph o0he-e it 0s -eco-ded, the pe-iod shll be t0o e-s if the should -eside in the PhilippinesB nd th-ee e-s if b-od. "f the bi-th of the child hs been b een conceled f-o o- 0s un/no0n to the husbnd o- his hei-s, the pe-iod shll be counted f-o the discove- o- /no0led7e of the bi-th of the child o- of the fct of -e7ist-tion of sid bi-th, 0hicheve- is e-lie-. 563
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The rationale for such rule is based on the fact there is presumption of legitimacy legitimacy in the C. &s such, it fiBes the status of children born out of wedlock and such status cannot be attacked collaterally. The legitimacy of child can only be impugned by direct action brought for that purpose, by the proper parties within the period limited by law. 4nly the husband can impugn the legitimacy of a child as it is strictly the personal right of a husband for the simple reason that he is the one directly confronted with the scandal and ridicule which the infidelity of the wife produces and he should be the one to decide whether to conceal it or eBpose it in view of economic and moral interest involved. 4nly in eBceptional cases can heirs of the husband eBercise can impugn the child5s legitimacy. The prescriptive period for filing action 4ne year, counted from the knowledge of birth of the child or recording of such birth in the civil register, if the husband or in cases provided by &rt. 11, any of his heirs resides in the place where the birth took place or was recorded Two years, counted from the knowledge of the birth of the child or recording of such birth in the civil register, if the husband or in his default, all his heirs do not reside in the place of birth or where it was recorded, if they live in the Philippines Three years, counted from the knowledge of the birth of the child or recording of such birth in the civil register, if he husband or in his default, all of his heirs reside abroad. %f the birth of the child has been concealed from or was unknown to the husband or the heirs, the period shall be counted from the discovery or the knowledge of the birth of the child child or of the fact of registration registration of said birth, whichever whichever is earlier. earlier. @pon the eBpiration of the foregoing periods, the action to impugn the legitimacy of the chold can no longer be brought. Provisions of &rt. &rt. 1/ and 11 apply in the cases of doubt if a child is indeed a man5s child by his wife and the husband or in proper cases, his heirs9 denies the child5s filiation
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations Chpte- 5. P-oof of )ilition ·
Paternity or filiation, or lack of it, is a relationship that must be +udicially established and it is for the court to declare its eBistence or absence, thus it cannot be left to the will of the parties.
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law ·
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A-t. 1?5. The filition of le7itite child-en is estblished b n of the follo0in7D 1 The -eco-d of bi-th bi-th ppe-in7 in the civil -e7iste-e7iste- o- finl >ud7entB o%t is necessary that the putative father must have a participation in in its preparation. preparation. %t is not indispensable that the same be signed by the putative father.
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5 An dission of le7itite le7itite filition in public public docuent o- p-ivte hnd0-itten inst-uent nd si7ned b the p-ent conce-ned. The admission must be made personally by the parent himselfFherself. himselfFherself. The public document contemplated contemplated under this article is purposely eBecuted as an admission of filiation and not for other purposes. ·
The right to claim legitimacy is strictly belonging to the child during his or her lifetime. 4nly under eBceptional causes may it be eBercised by his heirs, as in cases of &n action to establish illegitimate illegitimate filiation may be brought by the child child within the same period as as stated in this article, eBcept when action is brought about by reasons provided in second paragraph of &rt. 1- in which case the action must be brought during the lifetime of the alleged alleged parent. :ence if the reasons are based on 19 and -9 of &rt. 1-, the the same may be brought by the child child at any time time during hisFher hisFher lifetime. The putative parent is given a chance to dispute this claim, considering that illegitimate children are usually begotten and raised raised in secrecy and without the legitimate children being aware of their eBistence.
A-t. 1?4. (e7itite child-en shll hve the -i7htD 1 To be- the su-nes of the fthe- nd the othe-, in confo-it 0ith the p-ovisions of the Civil Code on #u-nesB %llegitimate children children shall principally use the surname of their mother. mother. They may only be allowed to use the surname of their father in such eBceptional circumstances circumstances which appears to be governed by &rt. 1- without the need for +udicial proceeding9. Their illegitimate filiation has been eBpressly recogni>ed by their father through the record of birth appearing in the civil registry hen an admission of paternity is made by putative father in a public instrument or a private handwritten instrument. 5 To -eceive suppo-t f-o thei- p-ents, p-ents, theiscendnts, nd in p-ope- cses, thei- b-othe-s nd siste-s, in confo-it 0ith the p-ovisions of this Code on #uppo-tB nd %llegitimate children children are entitled to support from their parents. :owever, :owever, only only the separate property property of the person obliged to give support shall shall be answerable. answerable. %n the case that such person has no eBclusive properties, the &CP or CP= shall advance support if financially capable, which shall be deducted from the share of the spouse obliged upon li7uidation of the &CP or CP= 3 To be entitled to the le7itite nd othe- successionl -i7hts 7-nted to the b the Civil Code. Code. 564 %llegitimate children children are considered as compulsory and legal heirs with respect to their parents. Their legitime is one2half of the legitime of a legitimate child There are $ kinds of heirs under the law of succession) ·
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"n the bsence of the fo-e7oin7 evidence, the le7itite filition shll be p-oved bD 1 The open nd continuous possession possession of the sttus sttus of le7itite childB oTo prove by open and continuous status of an illegitimate illegitimate child, there must be evidence of the manifestation manifestation of the permanent intention of the supposed father to consider the child as this, by continuous and clear manifestations of parental affection and care, which cannot be attributed to pure charity. 5 An otheothe- ens ens llo0ed llo0ed b the the Rules Rules of Cou-t Cou-t nd specil l0s. 56=, 566, 56? Physical resemblance but not always the case Ti+ing vs. C& and Cabatania vs. C&9
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"'& Tests
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4ther proof not family portrait or pictures9
A-t. 1?3. The ction to cli le7itic be b-ou7ht b the child du-in7 his o- he- lifetie nd shll be t-nsitted to the hei-s should the child die du-in7 ino-it o- in stte of insnit. "n these cses, the hei-s shll hve pe-iod of five e-s 0ithin 0hich to institute the ction.
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oluntary2 as those in the eBpress will of the testator in the latter5s will and testament *egal or intestate2 called by law to the succession in the absence of voluntary heirs designated by the testator
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations ·
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law
Compulsory2 those who are entitled to legitime and cannot be deprived thereof by the testator unless properly disinherited disinherited by testator. testator.
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Chpte- 3. "lle7itite Child-en
A-t. 1?=. "lle7itite child-en estblish thei- ill e7itite filition in the se 0 nd on the se evidence s le7itite child-en. The ction ust be b-ou7ht 0ithin the se p e-iod specified in A-ticle 1?3, e
A-t. 1?9. (e7itited child-en shll en>o the se -i7hts s le7itite child-en. 5?5 A-t. 18;. The effects of le7itition shll -et-oct to the tie of the childs bi-th. 5?3 A-t. 181. The le7itition of child-en 0ho died befo-e the celeb-tion of the --i7e shll benefit thei- descendnts. 5?4 A-t. 185. (e7itition be ipu7ned onl b those 0ho -e p-e>udiced in thei- -i7hts, 0ithin five e-s f-o the tie thei- cuse of ction cc-ues. 5?= ·
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Chpte- 4. (e7itited Child-en ·
*egitimation is a right granted by law to the children conceived and born outside of wedlock of parents, who at the time of the conception of the former, were not dis7ualified by any impediment to marry each other. %n other words, children conceived or born out of wedlock by parents who could be legally married at the time they were conceived, cannot be substantially differentiated differentiated from legitimate children once their parents do marry marry after their birth.
A-t. 1??. nl child-en conceived nd bo-n outside of 0edloc/ of p-ents 0ho, t the tie of the conception of the fo-e-, fo-e-, 0e-e not dis@ulified b n ipedient to -- ech othe- be le7itited. 569 ·
&ny impediment to marry is a legal obstacle to contracting a valid marriage. This may include being under age of 18 or impediments under &rt $ and $8. The child may not be legitimated if the impediment eBists at the time of conception of the child. %f it eBisted after the child is conceived, then the child may be legitimated.
A-t. 1?8. (e7itition shll t/e plce b subse@uent vlid --i7e bet0een p-ents. The nnulent of voidble --i7e shll not ffect the le7itition. 5?; ·
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'o additional acts are needed on the part of the the children or the parents %t is essential that that the marriage must be be valid or at least voidable, to which the annulment shall not affect the
legitimation that took place upon the celebration of marriage. 6arriages void ab inition shall not consider legitimation since the marriage is deemed never o have taken place.
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&s such, all the other legal or compulsory heirs of the parents of the legitimated legitimated child child are to be considered considered as proper party to impugn legitimation legitimation %t is believed that the cause of action accrues only at the death of parent whose property is transmitted through succession. The validity of legitimation may only be 7uestioned in a direct proceeding. T"T(% '"" A!PT"N
A-t. A-t. 183. 183. A pepe-son son of 7e nd in posses possessio sion n of full civil civil cpcit nd le7l -i7hts dopt, p-ovided he is in position to suppo-t nd c-e fo- his child-en, le7itite oille7itite, in /eepin7 0ith 0i th the ens of the fil. nl ino-s be dopted, eo-it 7e is llo0ed in this Title. "n ddition, the dopte- ust be t lest si
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The 7u-din 0ith -espect to the 0-d p-io- to the pppp-ov ovl l of the the fin finll cco ccount untss -ende -ende-e -ed d upon upon the the te-intion of thei- 7u-dinship -eltionB
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An An pe-s pe-son on 0ho 0ho hs hs been been conv convic icte ted d of c-i c-iee involvin7 o-l tu-pitudeB
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An lien, e
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations 4
A fo-e- )ilipino citi:en 0ho see/s to dopt -eltive b consn7uinitB b ne 0ho see/s to dopt the le7itite child of his o- he- )ilipino spouseB o- c ne 0ho is --ied to )ilipino citi:en nd see/s to dopt >ointl 0ith 0i th his o- he- spouse -eltive b consn7uinit of the ltte-.
Aliens not included in the fo-e7oin7 eointl dopt, e
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1 hen one spouse see/s to dopt his o0n ill e7itite childB o5 hen one spouse see/s to dopt the le7itite child of the othe-. othe-. 59, %. . 91 nd P! 6;3
A-t. A-t. 186. 186. "n cse husbn husbnd d nd 0ife >ointl >ointl dopt dopt o- one spouse dopts the le7itite child of the othe-, >oint p-entl utho-it utho-it shll be e
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law •
4 The ille7itite child-en, ten e-s of 7e o- ove-, ove-, of the doptin7 p-ent, if livin7 0ith sid p-ent nd the ltte-Is spouse, if nB nd
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= The spouse, if n, of the pe-son doptin7 o- to be dopted. 31, %. . 91 nd P! 6;3
A-t. 189. Adoption shll hve the follo0in7 effectsD 1 )o- civil pu-poses, the dopted shll be deeed to be le7itite child of the dopte-s nd both shll c@ui-e the -ecip-ocl -i7hts nd obli7tions -isin7 f-o the -eltionship of p-ent nd child, includin7 the -i7ht of the dopted to use the su-ne of the dopte-sB 5 The p-entl p-entl utho-it utho-it of the p-ents p-ents b ntu-e ove- the dopted shll te-inte nd be vested in the dopte-s, eointl b both spousesB nd •
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3 The dopted shll -ein n intestte hei- of his p-ents nd othe- blood -eltives. 391, 3, P! 6;3
A-t. 18?. The follo0in7 not be doptedD •
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1 A pe-son of le7l 7e, unless he o- she is child b ntu-e of the dopte- o- his o- he- spouse, o-, p-ioto the doption, sid pe-son hs been consistentl conside-ed nd t-eted b the dopte- s his o- heo0n child du-in7 ino-it. 5 An lien 0ith 0hose 7ove-nent the Republic of the Philippines hs no diplotic -eltionsB nd
A-t. 19;. (e7l o- intestte succession to the estte of the dopted shll be 7ove-ned b the follo0in7 -ulesD •
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3 A pe-son 0ho hs l-ed been dopted unless such doption hs been p-eviousl -evo/ed o- -escinded. 3;, %. . 91 nd P! 6;3 •
3 hen the su-viv su-vivin7 in7 spouse spouse o- the ille7it ille7iti ite te child-en of the dopted concu- 0ith the dopte-s, the shll divide the enti-e estte in e@ul sh-es, one oneh hlf lf to be inhe inhe-i -ite ted d b the spou spouse se o- the the ille7itite ille7itite child-en child-en of the dopted dopted nd the otheothehlf, b the dopte-s.
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4 he hen n the dopte dopte-s -s concuconcu- 0ith 0ith the ille7it ille7itit itee child-en nd the su-vivin7 spouse of the dopted, the shll divide the enti-e estte in e@ul sh-es, onethi-d to be inhe-ited b the ille7itite child-en, onethi-d b the su-vivin7 spouse, nd onethi-d b the dopte-sB
A-t. 188. The 0-itten consent of the follo0in7 to the doption shll be necess-D •
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1 The pe-son to be dopted, if ten e-s of 7e oove-, 5 5 The p-e p-ent ntss b ntu ntu-e -e of the the chil child, d, the the le7 le7ll 7u-din, othe p-ope7ove-nent inst-uentlitB 3 The le7itite nd dopted child-en, ten e-s of 7e o- ove-, of the doptin7 p-ent o- p-entsB
1 (e7i (e7ittit itee nd nd ille lle7iti 7iti te te chil childd-een nd descendnts nd the su-vivin7 spouse of the dopted shll inhe-it f-o the dopted, in cco-dnce 0ith the o-din- -ules of le7l o- intestte successionB 5 hen the p-ents, le7itite o- ille7itite, o- the le7itite scendnts of the dopted concu- 0ith the dopte-, the shll divide the enti-e estte, onehlf to be inhe-ited b the p-ents o- scendnts nd the othe- hlf, b the dopte-sB
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations •
= hen onl the dopte-s su-vive, the shll inhe-it the enti-e estteB nd
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6 hen onl collte-l blood -eltives of the dopted su-vive, then the o-din- -ules of le7l o- intestte succession shll ppl. 394, P! 6;3
A-t. 191. "f the dopted is ino ino- o- othe-0ise ise incpcitted, the doption be >udicill -escinded upon petitio pet ition n of n pepe-son son uthoutho-i:e i:ed d b the cou-t o- p-ope p-ope-7ove-nent inst-uentl ctin7 on his behlf, on the se 7-ound 7-oundss p-esc p-esc-ib -ibed ed fo- loss loss o- suspen suspensio sion n of p-ent p-entl l utho-it. "f the dopted is t lest ei7hteen e-s of 7e, he petition fo- >udicil -escission of the doption on the se 7-ounds p-esc-ibe p-esc-ibed d fo- disinhe-itin7 disinhe-itin7 n scendnt scendnt.. 4;, P! 6;3 A-t. 195. The dopte-s petition the cou-t fo- the >udicil -escission of the doption in n of the follo0in7 csesD •
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1 "f the dopted hs coitted n ct constitutin7 7-ound fo- disinhe-itin7 descendntB o5 hen the dopted hs bndoned bndoned the hoe of the dopte-s du-in7 ino-it fo- t lest one e-, e-, o-, b soe soe othe othe-- cts cts,, hs hs defi defini nite tel l -epu -epudi dite ted d the the doption. 41, P! 6;3
A-t. 193. "f the dopted ino- hs not -eched the 7e of >o-it t the tie of the >udicil -escission of the doption, the cou-t in the se p-oceedin7 shll -einstte the p-entl uthoutho-it it of the p-ents p-ents b ntuntu-e, e, unless unless the ltteltte- -e -e dis@ulified o- incpcitted, in 0hich cse the cou-t shll ppoint ppoint 7u-di 7u-din n oveove- the pe-son pe-son nd p-ope-t p-ope-t of the inoino-.. "f the dopte dopted d pepe-son son is phsic phsicll ll o- entl entll l hndicpped, the cou-t shll ppoint in the se p-oceedin7 7u-din ove- his pe-son o- p-ope-t o- both. Judici Judicill -esci -escissi ssion on of the dopti doption on shll shll e
&doption is the process of making a child, whether or not related to the adopter, possess in general the rights accorded to a legitimate child. •
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law Congre Congress ss enacte enacted d !.&. !.&. 8/0$ 8/0$ and !.&. !.&. 8;;-, 8;;-, which which covers covers inter2country and domestic adoption, however such laws did not repeal the provisions of the C on adoption
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!.&. 8;;- governs domestic adoption, regardless of whether or not not adop adopte terr is a citi citi>e >en n or alie alien, n, whil whilee !.&. !.&. 8/0$ 8/0$ gove govers rs adopti adoptions ons of ilipi ilipino no childr children en by adopte adopterr who may not be 7ualified to adopt under the C or !.&. 8;;•
"omestic adoption ilipino adopter must be) 4f legal age 1. &t least 1( years older than the adoptee unless the -. adopter is the biological parent of the adoptee or spouse of the adoptee5s parent %n possession of full civil capacity and legal right $. 4f good moral character and not convicted of an 0. offense involving moral turptitude Amotionally and psychologically capable of caring for ;. the children and in a position to support and care for his or her children in keeping with the means of the family & person not in possession of hisFher full civil rights cannot adopt as in the case of insane, imbecile, deaf2mute or persons in civil civil interdiction interdiction cannot adopt
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&lien adopter :as same 7ualifications as ilipino adopter 1. :isFher country must have diplomatic relations with the -. Philippines :as been certified by hisFher diplomatic or consular $. office pr appropriate government agency to be legally capable of adopting in hisFher country :isFher government allows the adoptee to enter hisFher 0. country as an adopted child :as been residing in the Philippines for the past $ years ;. prior to the filing filing of the application application for adoption adoption and maintains the same until the adoption decree is entered !esidency and certification re7uirements waivable in the following cases) ormer citi>en who wishes to adopt a relative within 1. 0th degree of consanguinity or affinity 4ne who seeks to adopt the legitimate child of their -. ilipino spouse $. 4ne who is married to a ilipino citi>en and wishes to adopt +ointly with their spouse the relative of the latter within the 0th degree of consaguinity or affinity. -
&doption is an accion in rem which creates a relation between two persons which results from legitimate paternity and filiation, as well as creates a legitimate status.
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=uardian may not adopt their ward prior to the approval of the final accounts rendered upon the termination of their guardianship
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations -
#oint adoption of husband and wife is re7uired eBcept in the following csaes 4ne spouse seeks to adopt the legitimate child of the other 4ne spouse seeks to adopt their illegitimate illegitimate child, provided the other other spouse consents. :ere both spouses spouses eBercise parental authority over the child %f the spouses are legally separated -
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ho may be adopted &ny person below 18 years of age who has been 1. administratively administratively or +udicially put up for adoption a. Covers those voluntarily or involuntarily committed committed to the "S" or a duly licensed and accredited child placing or child caring agency and has been freed of the parental authority authority by their biological biological parents The legitimate child of one spouse by the other spouse -. &n illegitimate child by a 7ualied adopter to render $. them legitimate & person of legal age if prior to the adoption, said 0. persons has been been consistently considered considered and treated treated by the adopter as hisFher child since minority & child whose adoption as has been previously ;. rescinded (. & child whose biological or adoptive parents have died a. !e7uires that child is below 18 years old proceedings shall be initiated initiated within within ( b. 'o adoption proceedings months from the death of said parents c. %n Santos #r. vs. !epublic, the SC ruled against adoption of a sibling of his other sibling.
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Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law #urisdiction and venue #urisdiction is under the amily Court Proceedings are in rem, hence publication is necessary to give proper notice to the parties -
Contents of petition "omestic 1. a. #urisdiction facts b. Should allege that residence of the adoptee adoptee as shown in in the i. 'ame, age, residence birth, baptismal baptismal or foundling certificate and and school records ii. The adoptee is not dis7ualifed by law to be adopte The probable value and character of the estate iii. of the adoptee 'ame by which the adoptee is to be known or iv. iv. registered in the Civil !egistry v. &lso re7uires certificate of 'S
vi. c. !e7uirements to adopt see ilipino and &lien adopter must be9 d. See adoption for guardians and for spouses for rules and eBceptions e. %f the adoptee is a foundlng, the petition shall allege the entries which should appear in his birth certificate certificate f. %f petition prays for a change of name, it shall also state the cause or reason for the change of name. !ectification !ectification of simulation of birth 1. Simulation of birth 2 tampering of the civil registry making it appear in the birth records that a certain child is born to persons whoare whoare not their biological parents parents Prior to the effectivity of !.&. 8;;-, a person who -. simulated the birth of a child shall not be punished if) a. "one in the best interests of the child and that the child has been consistently been considered or treated as the child of the person b. The application for the correction of the birth registration and the petition for adoption shall be filed within ; years from the effectivity of the said law c. Such person complies with the procedure as specified in &rt. % of !.&. 8;;- and the re7uirements as determined by the "S" $. %f seeking rectification of a simulation of birth rectification of a simulated birth a. Petition ia applying for rectification
b. Simulation made prior to the effectivity of !.&. 8;;- and petition for both both rectification rectification and adoption was was filed within ; years from said date c. Simulation done in the best interests of the child d. That the child has been consistently been considered or treated as the child of the person
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations &doption of foundling, abandoned, dependent or neglected child "efinition of terms 1. a. DoundlingE refers to a deserted or abandoned infant or child whose parents, guardian or relatives are unknown3 or a child committed to an orphanage or charitable or similar institution institution with unknown facts of birth and parentage and registered registered in the Civil Civil !egister !egister as a Dfoundling.E b. D&bandoned childE refers to one who has no proper parental care or guardianship or whose whose parents have deserted him for a period of at least siB (9 continuous months and has been +udicially declared as such. c. D"ependent childE refers to one who is without a parent, guardian or custodian or one whose parents, guardian or other custodian for good cause desires to be relieved of his care and custody and is dependent upon the public for support. d. D'eglected childE is one whose basic needs have been deliberately not attended to or inade7uately attended to, physically or emotionally emotionally,, by his parents parents or guardian. Contents of petition -. a. The facts showing that the child is a foundling, abandoned, dependent or neglected3 b. The names of the parents, if known, and their residence. %f the child has no known or living parents, then the name and residence of the guardian, if any3 child2placement agency or c. The name of the duly licensed child2placement individual under whose care the child is in custody3 and d. That the "epartment, child2placement child2placement or child2caring agency is authori>ed to give its consent. hen there is also a petition for change of name, $. contents are) a. The registered name of the child3
b. &liases or other names by which the child has been known3 and c. The full name by which the child is to be known.
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&nneBes to petition certificate, as the case may a.
i. The adoptee, if ten 1/9 years of age or over3 ii. The biological parents of the child, if known, or the legal guardian, or the child2placement child2placement agency, child2 caring agency, agency, or the proper government instrumentality instrumentality which has legal custody of the child3 The legitimate and adopted children of the iii. adopter and of the adoptee, if any, any, who are ten 1/9 years of age or over3 The illegitimate children of the adopter living iv. iv. with him who are ten 1/9 years of age or over3 and
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law v. The spouse, if any, of the adopter or adoptee. c. Child study report on the adoptee and his biological parents by "S"3 "S"3 d. %f the petitioner is an alien, certification by his diplomatic or consular office or any appropriate government agency that he has the legal capacity to adopt in his country and that his government allows the adoptee to enter his country as his own adopted child unless eBempted under Section 0-93 e. :ome study report on the adopters. %f the adopter is an alien or residing abroad but 7ualified to adopt, the home study report by a foreign adoption agency duly accredited by the %nter2Country %nter2Country &doption
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law #$PPRT
d. Succession rights shall revert to its status prior to adoption, but only as of the date of +udgment of +udicial rescission. ested rights ac7uired prior to +udicial rescission shall be respected. %nter2country %nter2country adoption 1. =overned by !.&. 8/0$ ho may adopt -. permanently residing a. &n alien or a ilipino citi>en permanently abroad may file an application for inter2country adoption of a ilipino child if heFshe) i. is at least twenty2seven -9 years of age and at least siBteen 1(9 years older than the child to be adopted, at the time of application unless the adopter is the parent by nature of the child to to be adopted or the the spouse of such parent) ii. if married, hisFher spouse must +ointly file for the adoption3 iii. has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counseling from an accredited counselor in hisFher country3 iv. iv. has not been convicted of a crime involving moral turpitude3 v. is eligible to adopt under hisFher national law3 vi. is in a position to provide the proper care and support and to give the necessary moral values and eBample to all his children, including the child to be adopted3 agrees to uphold the basic rights of the child as vii. embodied under Philippine laws, the @.'. Convention on the !ights of the Child, and to abide by the rules and regulations issued issued to implement implement the provisions of this this &ct3 &ct3 comes from a country with whom the viii. Philippines has diplomatic relations and whose government maintains a similarly authori>ed and accredited agency and that adoption is allowed under hisFher national laws3 and iB. possesses all the the 7ualifications 7ualifications and none of the dis7ualifications dis7ualifications provided herein and in other applicable Philippine laws. b. ho may be adopted i. 4nly a legally free child may be sub+ect to inter2 country adoption, who has been voluntarily or involuntarily committed committed to the "S" either as dependent, neglected or abandoned ii. &pplication shall be filed either with the amily Court where the child resides or may be found or with the %nter2country %nter2country &doption
A-t. 194. #uppo-t #uppo-t cop-ises cop-ises eve-thin7 indispensble indispensble fosustennce, d0ellin7, clothin7, edicl ttendnce, eduction nd t-nspo-ttion, in /eepin7 0ith the finncil cpcit of the fil. The eduction of the pe-son entitled to be suppo-ted -efe--ed to in the p-ecedin7 p-ecedin7 p-7-ph shll include his schoolin7 schoolin7 ot-inin7 fo- soe p-ofession, t-de o- voction, even beond the 7e of >o-it. T-nspo-ttion shll include e
Suppor Supportt only only encomp encompass asses es everyt everythin hing g necess necessary ary for the sustenanc sustenancee of life, life, hence hence other other financia financiall eBpenses eBpenses are not covered by the provision such as funeral eBpenses
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A-t. 19=. #ub>ect to the p-ovisions of the succeedin7 -ticles, the follo0in7 -e obli7ed to suppo-t ech othe- to the 0hole e
1 The spousesB
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5 (e7itite scendnts nd descendntsB d escendntsB
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3 P-ent P-entss nd the theii- le7iti le7itit tee childchild-en en nd the le7itite nd ille7itite child-en of the ltte-B l tte-B
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4 P-ent P-entss nd the theii- ille7it ille7itit itee childchild-en en nd the le7itite nd ille7itite child-en of the ltte-B l tte-B nd
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= (e7itite b-othe-s nd siste-s, 0hethe- of full ohlfblood 591
or a spouse to be entitled to support, he or she must be the legitimate spouse %llegitimate %llegitimate descendants from legitimate or illegitimate illegitimate parents are entitled entitled to support from their grandparents grandparents
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A-t. A-t. 196. 196. E-oth E-othe-s e-s nd sistesiste-ss not le7iti le7itit tel el -elt -elted, ed, 0hethe 0hethe-- of the full o- hlfbloo hlfblood, d, -e -e li/e0i li/e0ise se bound bound to suppo-t ech othe- to the full e
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations be ns0ens0e-ble ble p-ovided p-ovided tht tht in cse cse the obli7oobli7o- hs no sep-te p-ope-t, the bsolute counit o- the con>u7l p-t p-tne ne-s -ship hip,, if fin finnc ncil ill l cp cpbl ble, e, shl shlll dv dvnc ncee the the supposuppo-t, t, 0hich 0hich shll shll be ded deduct ucted ed f-o f-o the sh-e sh-e of the spou spouse se obli obli7e 7ed d upon upon the the li@u li@uid idt tio ion n of the the bso bsolu lute te counit o- of the con>u7l p-tne-ship. n -
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Properties which are answerable for support are those under the &CP or CP=. CP=. The spouses shall be solidarily liable in case the &C or CP is insufficient Suppor Supportt for illeg illegiti itimat matee childr children en shall shall be taken taken from from the separate properties of the spouses
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law 0.
The Court may order the direct deduction of the provisional support support from the salary salary of the spouse spouse the common children shall be supported by the &C or C= properties, the the court may likewise likewise either or both spouses to to provide support %n determining amount of support for the common children, the following factors shall be used to determine the same) 1. inancial resources of the custodial and non2custodial parent of the child child -. physical, emotional emotional health and special needs and aptitudes of the child standard of living that the child has been accustomed to $. @nder !.&. -(-, the spouse who is a victim of spousal violence may apply for Temporary Temporary Protection 4rder which will grant a more immediate faster remedy for support -
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A-t. 198. !u-in7 the p-oceedin7s fo- le7l sep-tion o- fonnule nnulent nt of --i --i7e, 7e, nd fo- decl-t decl-tion ion of nullit nullit of --i7e, the spouses nd thei- child-en shll be suppo-ted f-o f-o the the p-op p-opee-ti ties es of the the bso bsolut lutee cou counit nit o- the the con>u7l p-tne-ship. Afte- the finl >ud7ent 7-ntin7 the petitio pet ition, n, the obli7 obli7tio tion n of utul utul supposuppo-tt bet bet0ee 0een n the spouse spousess ceses ceses.. &o0eve &o0eve--, in cse cse of le7l le7l sep- sep-tio tion, n, the cou-t o-de- tht the 7uilt spouse shll 7ive suppo-t to the innocent one, specifin7 the te-s of such o-de-. o-de-. 595
upon the final +udgment granting the petition for declaration of nullity of marriage or petition for annulment of marriage, the obligation to provide support for each other ceases support pendente lite is a provisional remedy for support for the spouses and the children children which is granted during the pendency of the petition petition for annulment annulment or declaration declaration of nullity of marriage, which the court shall grant in the absence of a written agreement between spouses & defense against support pendente lite is that there is denial of eBistence of a valid marriage, or that the other spouse has committed an act of adultery if proven !ules for procedure in determining support for spouses)
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%n absence of a written agreement, the &C or CP Shall be as amount that the court may deem +ust based on the standard of living during the marriage Shall consider the following factors) $. a. custody of children b. time necessary to ac7uire sufficient education and training for the spouse to obtain appropriate employment, employment, and that spouse5s future earning capacity c. duration of marriage d. financial capacities of either spouse e. obligations and needs of either spouse f. contributions rendered by the spouses during the pendency of the marriage marriage g. age and health of the spouses emotional conditions of the spouses h. physical and emotional i. ability of supporting spouse to give support
A-t. 199. heneve- t0o o- o-e pe-sons -e obli7ed to 7ive supp suppoo-t, t, the the libi libilit lit shl shlll devo devolv lvee upon upon the the follo follo0in 0in7 7 pe-sons in the o-de- hen the-ein p-ovidedD 1 The spouseB 5 The descendnts in the ne-est de7-eeB 3 The scendnts in the ne-est de7-eeB nd 4 The b-othe-s nd siste-s. 594
hen the obligation for support falls upon two or more persons, the same same shall be divided divided e7ually among them, and the +udge may order only one of them to provide in case of urgency sub+ect to the right to reimbursement of the other hen two or more persons who are seeking support from one who is obliged to but has insufficient means, the order provided for under &rt. 1 shall shall be followed unless the concurrent obligees are the spouse and the children in which case the children shall be preferred
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A-t. 5;;. hen the obli7tion to 7ive suppo-t flls upon t0o o- o-e pe-sons, the pent of the se shll be divided bet0een the in p-opo-tion p -opo-tion to the -esou-ces of ech. &o0eve-, in cse of u-7ent need nd b specil il ci-cu ci-cust stnce nces, s, the >ud7e o-de- onl one of the the to fu-nish the suppo-t p-ovisionll, 0ithout p-e>udice to his -i7ht to cli f-o the othe- obli7o-s the sh-e due f-o the. hen t0o o- o-e -ecipients t the se tie cli suppo-t f-o f-o one nd the se pe-son pe-son le7ll le7ll obli7e obli7ed d to 7ive 7ive it, should should the ltteltte- not hve hve suffic sufficien ientt ens ens to stisf stisf ll clis, the o-de- estblished in the p-ecedin7 -ticle shll be follo0ed, unless the concu--ent obli7ees should be the spouse nd child sub>ect to p-entl utho-it, in 0hich cse the child shll be p-efe--ed. 59= A-t. 5;1. The ount of suppo-t, in the cses -efe--ed to in A-ticles 19= nd 196, shll be in p-opo-tion to the -esou-ces
+. &ny other factors +ust and e7uitable ;(
Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations o- ens of the 7ive- nd to the necessities of the -ecipient. 596 A-t. 5;5. #uppo-t in the cses -efe--ed to in the p-ecedin7 -ti -ticl clee shl shlll be -edu -educe ced d o- incinc-e ese sed d p-op p-opoo-ti tion ont tel el , cco-din7 to the -eduction o- inc-ese of the necessities of the -ecip -ecipien ientt nd the -esou-esou-ces ces o- ens ens of the pepe-son son obli7ed to fu-nish the se. 59? A-t. 5;3. The obli7tion to 7ive suppo-t shll be dendble f-o the tie the pe-son 0ho hs -i7ht to -eceive the se needs it fo- intennce, but it shll not be pid eudicil o- eudicil dend. #uppo-t pendente lite be clied in cco-dnce 0ith the Rules of Cou-t. Pent shll be de 0ithin the fi-st five ds of ech co--espondin7 onth o- 0hen the -ecipient dies, his hei-s shl shlll not not be obli7 obli7ed ed to -etuetu-n n 0ht 0ht he hs hs -ece -eceiv ived ed in dvnce. 598
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law to the need individul, 0ith -i7ht of -eibu-seent f-o the the pe-s pe-son on obli7 obli7ed ed to 7ive 7ive suppo suppo-t -t.. This This A-ti A-ticl clee shl shlll p-tic p-ticulul-l l ppl ppl 0hen 0hen the fthefthe- o- otheothe- of child child unde- the 7e of >o-it un>ustl -efuses to suppo-t o- fils to 7ive suppo-t to the child 0hen u-7entl needed. 5166 -
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A-t. 5;8. "n cse of cont-ctul suppo-t o- tht 7iven b 0ill, the eect to lev on ttchent o- e sub>ec ectt to d>ust d>usten entt 0henev 0henevee- odific odificti tion on is nec necess ess- - due to chn7 hn7ees of ci-c i-cust ustn nce cess ni niffestl estl be beond ond the the contepltion of the p-ties. n -
A-t. 5;4. The pe-son obli7ed to 7ive suppo-t shll hve the option to fulfill the obli7tion eithe- b pin7 the llo0nce fi
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here the duty to provide support is admitted but fails to do so causing the need for the other party to seek +udicial intervention, the person obliged to provide support shall pay reasonable attorney5s attorney5s fees incurred by the other. #udgment in action for support is immediately eBecutory and cannot be stayed by an appeal Characteristics Characteristics of right to support
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Cannot be levied upon or made attachment or eBecution, which would defeat the purpose of the same -. Cannot be renounced or transmitted to a third preson Cannot be made sub+ect of a future inheritance $.
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the term stranger refers to the third person who has no obligation to provide support to the person entitled to receive it The obligation to reimburse arises out of 7uasi2contract
contractual support arises from the will of the obligor, which is usually in a will, or the agreement of the parties the recipient need not be mutually obliged to give support unlike in legal support the eBcess beyond what is necessary for legal support, in case of a will, shall be sub+ect to levy on attachment or eBecution Contractual support may be waived or renounced T"T(% "G PAR%NTA( A$T&R"T+ Chpte- 1. ene-l P-ovisions
A-t. 5;9. Pu-sunt to the ntu-l -i7ht nd dut of p-ents oveove- the the pe-s pe-son on nd nd p-op p-opee-t t of thei thei-- une unen nci cip pte ted d child-en, p-entl utho-it nd -esponsibilit shll include the c-in7 fo- nd -e-in7 the fo- civic consciousness nd efficienc nd the developent of thei- o-l, entl nd phsicl ch-cte- nd 0ellbein7. n
Cannot be sub+ect to compensation
A-t. 5;=. The -i7ht to -eceive suppo-t unde- this Title s 0ell s n one o- p-ope-t obtined s such suppo-t shll not be levied upon on ttchent o- eust un> ustl l -efus -efuses es o- fils fils to 7ive suppo-t suppo-t 0hen 0hen u-7ent u-7entl l needed b the ltte-, n thi-d pe-son fu-nish suppo-t
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Parental authority is the mass of rights and obligations which the parents have in relation to the person and property of their children until their ma+ority age of emancipation, and even after this in certain circumstances Parental authority is eBercised over unemacipated children and may be eBercised notwithstanding the age of ma+ority of their children as in the case of parental consent for marriage when one of the parties is below -1 years old
Conse7uences of parental authority !ight to have the children in their custody or company 1.
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!ight to be obeyed and respected
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations $.
!ight to impose discipline as may be re7uired by the circumstances !ight to give and withhold consent in certain matters 0.
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!ight to eBercise legal guardianship over the property of the unemancipated children *imited right to usufruct over the children5s children5s properties (. "uty to support, educate and instruct them by right . precept and good eBample, eBample, and to provide provide for their upbringing in keeping with their means "uty to give them love and affection, advice and 8. comfort, companionship and understanding "uty to provide them with moral and spiritual . guidance, inculcate in them honesty, integrity, self2discipline, self2reliance, self2reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citi>enship "uty to furnish them with good and wholesome 1/. educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from from ac7uiring habits habits detrimental detrimental to their health, studies and morals3 "uty to represent them in all matters affecting their 11. interests3 "uty to perform such other duties as are imposed by 1-. law upon parents and guardians. The rights and duties of parental authority cannot be renounced or waived eBcept only in cases of adoption, guardianship, surrender of children in children5s children5s home or orphan5s institution %f there is a need to impose disciplinary measures on the child, the same may be obtained through petition with the court which may be granted by way of commitment of the child in an institution for not more than $/ days, but the parents shall still provide support. support.
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A-t. 51;. P-entl utho-it nd -esponsibilit not be -enounced o- t-nsfe--ed eointl >ointl eudicil o-de- to the cont--. cont--. Child-en shll l0s obse-ve -espect nd -eve-ence to0-ds thei- p-ents nd -e obli7ed to obe the s lon7 s the child-en child-en -e unde- p-entl p-entl utho-it utho-it.. 311 311 chn -obles vi-tul l0 lib-- A-t. 515. "n cse of bsence o- deth of eithe- p-ent, the p-ent p-esent shll continue e
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law ppoints nothe- pe-son to be the 7u-din of the pe-son op-ope-t of the child-en. n
hile parental authority is +ointly eBercised, there are cases where the eBercise of parental authority is primarily lodged with the father see &rt. 10 and &rt. 89 in case of legitimate children Parental authority over illegitimate children shall be eBercised by the mother regardless of whether whether or not the father admits paternity and filiation filiation isitation isitation rights may be granted to non2custodial parents
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A-t. A-t. 513. 513. "n cse cse of sep- sep-tio tion n of the p-ent p-ents, s, p-ent p-entl l utho-it shll be e
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The award of custody to the innocent spouse does not mean deprivation of parental authority of the guilty spouse Compelling reasons for separation of mother from child does not necessarily mean that if the wife is the guilty spouse, the child will be separated from her Compelling reasons include 'eglect, abandonment abandonment -
@nemployment, immorality :abitual drunkenness "rug addiction, maltreatment of child, insanity and communicable communicable diseases :usband must prove that such reasons have had an adverse effect on the welfare of the child or have distracted the spouse from eBercising proper parental care %f child is over years old, they may make their own choice but the court shall shall not be bound by the same -
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A-t. 514. "n cse of deth, bsence o- unsuitbilit of the p-ents, substitute p-entl utho-it shll be e
Compared to Sec. -;, !ule 1$/
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations A-t. 51=
#ec. 5=, Rule 13;
&ppl &pplie iess onl only y to to cri crimi mina nall cas cases es
%nvoked by by de descendants
Criminal cases against parents and grandparents
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law p-entl p-entl utho-it shll be entent-usted usted in su- su- >udicil >udicil p-oceedin7s to heds of child-enIs hoes, o-phn7es nd sii siil l-- inst instit itut utio ions ns dul dul cccc-ed edit ited ed b the the p-op p-opee7ove-nent 7enc. 314
DoundlingE refers to a deserted or abandoned infant or child whose parents, guardian or relatives are unknown3 or a child committed to an orphanage or charitable or similar institution with unknown facts of birth and parentage and registered in the Civil !egister as a Dfoundling.E D&bandoned childE refers to one who has no proper parental care or guardianship or whose parents have deserted him for a period of at least siB (9 continuous months and has been +udicially declared declared as such. D'eglected childE is one whose basic needs have been deliberately not attended to or inade7uately attended to, physically or emotionally emotionally,, by his parents parents or guardian, which which can be physical neglect or emotional neglect see &rt. 101, 'o $, P" (/$9
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'ot absolute if if testimony is &bsolute with no indispensible in a crime against eBceptions the descendants, or by one parent against the other
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Chpte- 5. #ubstitute nd #pecil P-entl Autho-it A-t. A-t. 516. 516. "n def defult ult of p-ent p-entss o- >ud >udici icill ll ppointed ppointed 7u-di 7u-din, n, the follo0i follo0in7 n7 pepe-son son shll shll e
1 The su-vivin7 7-ndp-ent, s p-ovided p -ovided in A-t. 514B
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5 The oldest b-othe- o- siste-, ove- t0entone e-s of 7e, unless unfit o- dis@ulifiedB nd
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3 The childIs ctul custodin, ove- t0entone e-s of 7e, unless unfit o- dis@ulified.
heneve- the ppointent o- >udicil 7u-din ove- the p-ope-t of the child becoes necess-, the se o-de- of p-efe-ence p-efe-ence shll be obse-ved. 349, 3=1, 3=4 -
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"ue to the deep ties that bind parents to child, the mother or father, father, if suitable, is entitled to the custody of the child over all other persons even their grandparents Parental preference rule may not be invoked by the father of an illegitimate child in case of death, absence or unsuitability of the mother since &rt. 1( provides that the illegitimate illegitimate child is not under the parental authority of the father. father. :ence in case of death of both mother and father, the grandparents on the maternal side shall be entitled to the custody of the child
ho may eBercise substitute parental authority 1. =randparents as provided for under &rt. -10 4lder brother or sister, over -1 years old, unless unfit or -. dis7ualified The child5s actual custodian, over -1 years old, unless $. unfit or dis7ualified
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A-t. 518. The school, its dinist-to-s nd teche-s, o- the individul, entit o- institution en77ed in child -e shll hve specil p-entl utho-it nd -esponsibilit ove- the ino- child 0hile unde- thei- supe-vision, supe-vision, inst-uction inst-uction ocustod. Autho-it Autho-it nd -esponsib -esponsibilit ilit shll ppl to ll utho-i:ed utho-i:ed ctivit ctivities ies 0hethe 0hethe-- inside inside o- outsid outsidee the p-ei p-eises ses of the school, entit o- institution. 349 A-t. 519. Those 7iven the utho-it nd -esponsibilit undethe p-ecedin7 A-ticle A-ticle shll be b e p-incipll nd solid-il lible fofo- d d7e 7ess cus cused ed b the the cts cts o- ois oissi sion onss of the unencipted ino-. ino-. The p-ents, >udicil 7u-dins o- the pe-sons pe-sons e
Special parental authority is granted by law to certain persons, entities or institutions institutions in view view of their special relation to children under their supervision, instruction or custody Those who may eBercise special parental authority include The School %ts administrators and teachers The individual, entity or institution engaged in child rearing
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A-t. A-t. 51?. 51?. "n cse cse of foundl foundlin7 in7s, s, bndo bndoned ned ne7lec ne7lecte ted d obused bused childchild-en en nd otheothe- childchild-en en siilsiil-l l situt situted, ed,
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law -.
Chpte- 3. %ffect of P-entl Autho-it $pon the Pe-sons Pe-sons of the Child-en A-t. 55;. The p-ents nd those e
!ight to discipline the child, which covers both the moral and ethical standards !ight to control and manage the child5s earnings $.
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!ight to be supported by the adult child !ight to have child bear the parents name !ight to prevent adoption without parents consent "uty of the parents to provide support to their children is not necessarily terminated upon the emancipation of the same Parents have a duty to represent their unemancipated children in all matters affecting their interests, as well as in court litigations as provided in Sec. ;, !ule $, !oC Parents also have the duty to give their unemancipated children proper advice and counsel, and may be eBtend to giving consent even beyond the age of emancipation, like in case of parental consent in case of marriage where parties are of age 18 to -1. @nder the law, children below 1; years of age shall not be employed unless the child is under the sole responsibility of his or her parents or legal guardian and where there are only members or hisFher family are employed & child below 1; years old may likewise be employed in the public entertainment entertainment or information, information, provided that the employment contract is concluded with the parents or legal guardian, with the child5s eBpress agreement if possible, and with the approval of the "S" %n order to be liable for 7uasi delict under &rt. --1, the re7uisites are the minor is living under the custody of the parent the minor is under the custody of the parent the parents failed to eBercise due diligence of a good father of a family to prevent the damage &rt. -18/ also imposes civil liability on the father, or the mother in case of the father5s death for any 7uasi2delict committed by the minor children who lives with them as long as the same is under -1 years old *iability of parents for crimes committed by their children is governed by &rt. 1/1 of the !PC, as well as civil liability arising from criminal offenses committed by their minor children The liability of the parents under said provisions of law are primary and not subsidiary
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? To ipose discipline on the s be -e@ui-ed undethe ci-custncesB nd
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8 To pe-fo- such othe- duties s -e iposed b l0 upon p-ents nd 7u-dins. 316 A-t. A-t. 551. 551. P-ent P-entss nd otheothe- pepe-son sonss eu-ies nd d7es cused cused b the cts cts o- oissio oissions ns of the theii- une unen ncip cipte ted d child-en livin7 in thei- copn nd unde- thei- p-entl utho-it utho-it sub>ect to the pp-op-i pp-op-ite te defen defenses ses p-ovided b l0. 518;5 nd 4 A-t. 555. The cou-ts ppoint 7u-din of the childIs p-ope-t o- 7u-din d lite 0hen the best inte-ests of the child so -e@ui-es. 31?
Parental rights as provided for and protected by law and statutes Custody of child, and in case of custodial parent 1. includes the day to day care and companionship of the child a. &ncillary to the proper discharge of parental duties to provide the children children with ade7uate ade7uate support, education, education, moral, intellectual and civic training and development b. Such rule applies to legitimate children only since illegitimate children children is under sole parental authority of the mother
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A-t. 553. The p-ents o-, in thei- bsence o- incpcit, the individul, entit o- institution e
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations &o0eve &o0eve--, if in the se p-oce p-oceedi edin7 n7 the cou-t finds finds the petitione- t fult, i--espective of the e-its of the petition, o- 0hen the ci-custnces so 0--nt, the cou-t lso o-de- the dep-ivtion o- suspension of p-entl utho-it odopt such othe- esu-es s it dee >ust nd p-ope-. 318 A-t. 554. The esu-es -efe--ed to in the p-ecedin7 -ticle include the coitent of the child fo- not o-e thn thi-t ds in entities o- institutions en77ed in child c-e oin chil childd-en enIs Is hoe hoess dul dul cccc-ed edit ited ed b the the p-op p-opee7ove-nent 7enc. 7enc. The p-ent eust nd p-ope-. p-ope-. 391 -
@nder both the provisions of the 'CC and the C, parents may impose disciplinary measures to the eBtent re7uired by the circumstances circumstances
Chpte- 4. %ffect of P-entl Autho-it $pon the P-ope-t of the Child-en A-t. 55=. The fthefthe- nd the othe- shll >ointl eudi cil o-de- to the cont--. he-e he -e the -/et -/et vlue of the p-ope-t p-ope-t o- the nnul nnul incoe of the child e
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law A-t. 556. The p-ope-t of the unencipted child e-ned oc@u c@uii-ed ed 0ith 0ith his his 0o-/ 0o-/ o- indu indust st- - o- b oneone-ou ouss o7-tuitous title shll belon7 to the child in o0ne-ship nd shll shll be devote devoted d e
@nder the C, father and mother shall eBercise +oint legal guardianship over the property of the unemancipated common child, without need of a court appointment. :owever, :owever, when the property or annual income eBceeds ;/,/// pesos, the law re7uires the parents to furnish a bond e7uivalent to the market value of the property of the annual income. Properties earned or ac7uired by the minor child through onerous or gratuitous title shall be considered as owned by the child, but things given as part of support or necessities shall be considered as owned by the parent and do not belong to the child. child. :owever, :owever, clothing furnished furnished through funds by parents for general purposes. without specific instructions as to the appropriation, shall be not considered as property of the parent Parents have a limited right of usufruct over the property of the minor child, and only for the following purposes Primarily for the child5s support
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A ve-ified petition fo- pp-ovl of the bond shll be filed in the p-ope- cou-t of the plce 0he-e the child -esides, o-, if the child -esides in fo-ei7n count-, in the p-ope- cou-t of the plce 0he-e the p-ope-t o- n p-t the-eof is situted.
Chpte- =. #uspension o- Te-intion Te-intion of P-entl Autho-it
The The peti petiti tion on shl shlll be doc/ doc/et eted ed s su su- - spec speci ill p-oceedin7 in 0hich ll incidents nd issues -e7-din7 the pe-fopefo-n nce ce of the the obli7 obli7tio tions ns -efe -efe--e --ed d to in the second second p-7-ph of this A-ticle shll be he-d nd -esolved.
A-t. 558. P-entl utho-it te-intes pe-nentlD 1 $pon the deth of the p-entsB 5 $pon the deth of the childB o3 $pon enciption of the child. 35?
The The o-din o-din- -ule -uless on 7u7u-di dins nshi hip p shl shlll be e-e e-el l suppleto- e
A-t. 559. $nless subse@uentl -evived b finl >ud7ent, p-entl utho-it lso te-intesD 1 $pon doption of the childB 5 $pon ppointent of 7ene-l 7u-dinB 3 $pon >udicil decl-tion of bndonent of the chil d in cse filed fo- the pu-poseB
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Secondarily, for the family5s collective needs
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations 4 $pon finl >ud7ent of copetent cou-t divestin7 the p-t conce-ned of p-entl utho-itB o= $pon >udicil decl-tion of bsence o- incpcit of the pe-son eects the child o- llo0s hi to be sub>ected to cts of lsciviousness. The 7-ounds enue-ted bove -e deeed to include cses 0hich hve -esulted -esulted f-o culpble ne7li7ence of the p-ent o- the pe-son eected the child o- llo0ed hi to be sub>ected to se
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law a. There are still some rights and obligations not eBtinguished by the emancipation of the child Temporary and may be revived by court +udgment &doption of child 1.
a. Permanent unless rescinded based on the grounds under the "&&. &ppointment of a general guardian =rounds9 -. a. "eath, absence or incapacity of parents b. Suspension, deprivation or termination of parental authority c. !emarriage of minor5s surviving parent if found unsuitable to eBercise parental authority d. hen best interests of minor so re7uire $. #udicial declaration of abandonment of the child in a case filed for that purpose a. There must be an intention to abandon the child, eBpressly or impliedly which is apparent from the conduct and intent of the parent respecting the child inal +udgment of the competent court divesting the 0. party concerned concerned of parental authority authority a. hen the best interests of the child so re7uire #udicial declaration of absence or incapacity of the ;. person eBercising eBercising parental authority authority a. Aven without +udicial declaration if child is placed under guardianship 4ther grounds for suspension of parental authority 1. Treats Treats child with eBcessive harshness or cruelty =ives child corrupting orders, counsel or eBample -. Compels child to beg $. 0. Sub+ects the child or allows the same to be sub+ected to acts of lasciviousness %f person eBercising parental authority has sub+ected or allowed the child to be sub+ected to seBual abuse, the person shall be deprived permanently of parental authority by the court T"T(% G %*ANC"PAT"N %*ANC"PAT"N AN! A% ) *AJR"T+
"n no cse cse shl shlll the the scho school ol di dinis nistt-t too-,, tec teche he-- of individul en77ed in child c-e e
A-t. A-t. 534. 534. %ncip %ncipti tion on t/es t/es plce plce b the ttin ttinent ent of >o-it. $nless othe-0ise p-ovided, >o-it coences t the 7e of ei7hteen e-s s ended b R.A. 68;=.
=rounds of the termination of parental authority Permanent "eath of parents 1. a. @nless one of the parents survive, and unless the court will appoint another person b. %f both parents die, substitute parental authority shall be eBercised by persons designated "eath of child -. Amancipation of child $.
A-t. 53=. Repeled b. R.A. 68;9 A-t. 536. %nciption %nciption shll te-inte te-inte p-entl p-entl utho-it ove- the pe-son nd p-ope-t of the child 0ho shll then be @ulified nd -esponsible fo- ll cts of civil. life, sve foe
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law
Nothin7 in this Code shll be const-ued to de-o7te f-o the dut dut o- -espo -esponsib nsibilit ilit of the p-ent p-entss nd 7u-di 7u-dins ns fochild-en nd 0-ds belo0 t0entone e-s of 7e entioned in the second second nd thi-d p-7-phs p-7-phs of A-t. 516; of the Civil Code s ended b R.A. 68;=
A-t. 541. Ju-isdiction ove- the petition shll, upon p-oof of notice to the othe- spouse, be e
A-t. 53?. Repeled b R.A. 68;=
A-t. 545. $pon the filin7 of the petition, the cou-t shll notif the the othe othe-- spou spouse se,, 0hos 0hosee cons consen entt to the the t-n t-ns sct ction ion is -e@ui-ed, of sid petition, o-de-in7 sid spouse to sho0 cuse 0h the petition should not be 7-nted, on o- befo-e the dte set in sid notice fo- the initil confe-ence. The notice shll be ccopnied b cop of the petition nd shll be se-ved t the lst /no0n dd-ess of the spouse conce-ned. n
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Amancipations Amancipations means freeing the child form the parental custody and authority of, and from the obligation to render services to the parent, and thereby render the child 7ualified and responsible for all acts of civil life
%nstances where rights and obligations are retained by parents even after parental authority is terminated 1. Secu Securi ring ng pare parent ntal al cons consen entt in in mar marri riag agee whe when n par parti ties es are are below -1 -. Secu Securi ring ng pare parent ntal al advi advice ce when when spou spouse sess are are belo below w -; $. Cons onsent ent of of par pareent as a pa party rty co conce ncerned ned in in ca case of marriage settlement prior to the celebration of marriage 0. 4bli 4bliga gati tion on to supp suppor ortt the the chil childr dren en is not not co2 co2te term rmin inus us with the eBercise of parental authority ;. Pare Parent ntss sti still ll liab liable le for for 7ua 7uasi si2d 2del elic ictt of of chi child ldre ren n belo below w age age of -1 under &rt. -$(, last paragraph C T"T(% G" #$**AR+ J$!"C"A( PRC%%!"N# "N T&% )A*"(+ (A (A Chpte- 1. P-efto- P-ovisions A-t. A-t. 538. 538. $nti $ntill odi odifi fied ed b the the #up#up-e eee CouCou-t, t, the the p-oce p-ocedudu-l l -ules -ules p-ovi p-ovided ded fo- in this this Title Title shll shll ppl ppl s -e7e7-ds ds sep sep- -ti tion on in fct fct bet0 bet0ee een n husb husbn nd d nd nd 0ife 0ife,, bndonent b one of the othe-, nd incidents involvin7 p-entl utho-it. n Chpte- 5. #ep-tion in )ct A-t. 539. hen husbnd nd 0ife -e sep-ted in fct, oone hs bndoned the othe- nd one of the see/s >udicil uthoutho-i: i:tio tion n fo- t-ns t-nscti ction on 0he-e 0he-e the consen consentt of the othe- spouse is -e@ui-ed b l0 but such consent is 0ithheld o- cnnot be obtined, ve-ified petition be filed in cou-t lle7in7 the fo-e7oin7 fcts. The The peti petiti tion on shl shlll tt ttch ch the the p-op p-opos osed ed deed deed,, if n n, ebodin7 the t-nsction, nd, if none, shll desc-ibe in detil det il the sid t-ns t-nscti ction on nd stte the -eso -eson n 0h the -e@ui-ed consent the-eto cnnot be secu-ed. "n n cse, the finl deed dul e
A-t. 543. A p-eliin- confe-ence shll be conducted b the >ud7e pe-sonll 0ithout the p-ties bein7 ssisted b counsel. Afte- the initil confe-ence, if the cou-t dees it usef useful, ul, the the p-t p-tie iess be ssi ssist sted ed b coun counse sell t the the succeedin7 confe-ences nd he-in7s. n A-t. A-t. 544. 544. "n cse cse of non nonppe ppe- -nce nce of the spouse spouse 0hose 0hose consent is sou7ht, the cou-t shll in@ui-e into the -esons fohis filu-e to ppe-, nd shll -e@ui-e such ppe-nce, if possible. n A-t. 54=. "f, despite ll effo-ts, the ttendnce of the non consentin7 spouse is not secu-ed, the cou-t p-oceed e< p-te nd -ende- >ud7ent s the fcts nd ci-custnces 0-0--n nt. t. "n n n cse cse,, the the >ud7 >ud7ee shl shlll ende endev voo- to p-otect the inte-ests of the nonppe-in7 spouse. n A-t. A-t. 546. 546. "f the the peti petiti tion on is not not -eso -esolv lved ed t the the init initi ill confeconfe-enc ence, e, sid sid pet petitio ition n shll shll be dec decided ided in susu- he-in7 on the bsis of ffidvits, docuent- evidence oo-l o-l testi testionie oniess t the sound discdisc-et etion ion of the cou-t. cou-t. "f testion is needed, the cou-t shll specif the 0itnesses to be hehe-d d nd nd the the sub> sub>ec ect t tt ttee- of thei thei-- test testio ionie nies, s, di-ectin7 the p-ties to p-esent sid 0itnesses. n A-t. 54?. The >ud7ent of the cou-t shll be ieditel finl nd eudicil utho-it to diniste- oencub enc ubee- specif specific ic sep- sep-te te p-opep-ope-t t of the bndo bndonin nin7 7 spouse spouse nd to use the f-u f-uits its o- p-oce p-oceeds eds the-eof the-eof fo- the suppo-t of the fil shll lso be 7ove-ned b these -ules. n
Chpte- 3. "ncidents "nvolvin7 P-entl Autho-it A-t. 54;. Clis fo- d7es b eithe- spouse, e
A-t. 549. Petitions filed unde- A-ticles 553, 55= nd 53= of this Code involvin7 p-entl utho-it shll be ve-ified. n
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Civil Law Examination Reviewer Persons sons and and Fami amily Relat elatiions ons on Persons and Family Relations A-t. 5=;. #uch petitions shll be ve-ified nd filed in the p-ope- cou-t of the plce 0he-e the child -esides. n A-t. 5=1. $pon the filin7 of the petition, the cou-t shll notif the p-ents o-, o-, in thei- bsence o- incpcit, the individuls, entities o- institutions e
Refer efere ence nce: Elme Elmerr T. Rabuy abuya. a. The The Law Law A-t. 5=4. Titles """, "', ', '", '""", "G, G", nd G' of Eoo/ 1 of Republic Act Act No. 386, othe-0ise othe-0ise /no0n s the Civil Code of the Philippines, s ended, nd A-ticles 1?, 18, 19, 5?, 58, 59, 3;, 31, 39, 4;, 41, nd 45 of P-esidentil !ec-ee No. 6;3, othe-0ise /no0n s the Child nd +outh elf-e Code, s en ende ded, d, nd nd ll ll l0s l0s,, decdec-ee ees, s, e
Chpte- 4. the- *tte-s #ub>ect to #u - P-oceedin7s A-t. 5=3. The fo-e7oin7 -ules in Chpte-s 5 nd 3 he-eof shll shll li/e0ise li/e0ise 7ove-n 7ove-n susu- p-oce p-oceedi edin7s n7s filed filed und undeeA-ticles 41, =1, 69, ?3, 96, 154 nd 15?, insof- s the -e pplicble. n
6atters which are sub+ect to summary proceedings under the amily Code 1. Summary proceeding for declaration of presumptive death for purpose of contracting subse7uent marriage under &rt. 01 5. %n case of disagreement as to the fiBing of the family domicile under &rt. &rt. (, the matter shall be decided by the amily Court 3. @nder &rt. (, the court may eBempt one spouse from living with the other if the latter should live abroad or if there are compelling reasons 4. @nder &rt. (, either spouse may validly eBercise any legitimate profession, business or activity without the consent of the other, and the other spouse may ob+ect only on valid, serious and moral grounds =. "isagreement "isagreement as to the administration and en+oyment of the &C or CP under &rt. ( and 1-0 &lienation or encumbrance of the &C or CP in case one 6. spouse is absent or unable to participate in its administration ?. Spouses separated in fact, or abandoned the other where the other spouse seeks to conduct a transaction re7uiring the consent of the other in case such consent is withheld or unable to be obtained &rt. -$( in relation to &rt. 1// -9 and 1- c9 8. Separation in fact or abandonment, the other spouse may petition the court for the administration and encumbrance of the specific property of the other and use the fruits or proceeds thereof for the support of the family family 9. oundling, abandoned, neglected, abused and other children similarly situated, parental authority shall be entrusted to heads of children5s children5s homes, orphanages, and other similar institutions duly accredited by the government 1;. Petition of order for disciplinary measures on the child 11. Petition for application for bond in case the property or annual income of the unemancipated child eBceeds ;/,/// pesos, in an amount amount as the court court may determine determine T"T(% G"" )"NA( PR'"#"N#
A-t. 5=6. This Code shll hve -et-octive effect insof- s it does not p-e>udice p-e>udice o- ipi- vested o- c@ui-ed c@ui-ed -i7hts in cco-dnce 0ith the Civil Code o- othe- l0s. A-t. A-t. 5=?. 5=?. This Code shll t/e effect effect one ee- ftefte- the cople copletio tion n of its pub public lictio tion n in ne0sp ne0sppepe- of 7ene- 7ene-ll ci-cultion, s ce-tified b the %
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