Professional Documents
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CIVIL LAW
Arianne Reyes
Henry Aguda Ryan Balisacan Dianne Ducepec * Michelle Dy * Jeifan Dizon * Erwin Arandia * Tin Rondario * Margaret Ching* Kitchie Pigol * Gem Hirang * Lora Inguito * Quino Reyes * Easter Castro * Nino Gonzales * Peach Raymundo Chino Baybay [Head] * Simoun Salinas [Deputy] * Rania Joya [Design & Lay-out] * Ludee Pulido [Documentations] * Linus Madamba * Des Mayoralgo * Jillian De Dumo * Mike Ocampo * Abel Maglanque * Edan Marri R. Caete
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Effect of Death: The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will (Art 42, par. 2). Doubt as to the order of death: If they are called to succeed each other, whoever alleges the death of one prior to the other, shall prove the same. In the absence of proof, it is presumed that they died at the same time, and there will be no transmission of rights from one to the other. (Art. 43, CC)
93 Phil 257 (1953) The rule on Art. 43 was not applied in determining whether the mother or the son died first. There were eyewitnesses who can give evidence as to who died first. It is only applied when it is impossible to determine who died first that the presumption applies. 2. Juridical persons Kinds of juridical persons: (Art. 44, CC) 1. The State and its political subdivisions; 2. Other corporations, institutions and entities for public interest or purpose, created by law; 3. Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality. Governing laws: Juridical Person State Political subdivision Public corporation Private corporation Governing law Constitution Charter Charter Corporation Code, Articles of Incorporation and By- Laws Stipulations of the parties and suppletorily by the general provisions on partnership
Partnerships
Juridical persons may acquire and possess property of all kinds, incur obligations, and bring civil or criminal actions (Art. 46, CC).
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Effect on Marriage: - Marriage contracted by any minor is VOID. Effect on Crimes: - 9 years and below= EXEMPT from criminal liability. (Art. 12, RPC) - Over 9 years and under 15 = EXEMPT, (Art. 12, RPC) - Unless he acted with discernment = Penalty is lowered by at least 2 degrees. (Art. 68, RPC) - 15 years and below 18 = MITIGATING circumstance. (Art. 13, RPC) 2. Insanity Effect on Contracts: - Insane persons cannot give consent to a contract. (Art. 1327, CC) - Contracts entered into during a lucid interval are valid. (Art. 1328, CC) - The incapacitated person is not obliged to make any restitution except insofar as he has been benefited. (Art. 1399, CC) Effect on Crimes: - Insane persons are EXEMPT from criminal liability unless they acted during a lucid interval. (Art. 12, RPC) Effect on Marriage: - A marriage is VOIDABLE if either party was of unsound mind at the time of the marriage. - Except: When the insane person, after coming to reason, freely cohabited with the other. Dumaguin v. Reynolds 10 Phil. 381 (1952) The presumption of mental incapacity in a person under guardianship for mental derangement may be rebutted by evidence. That person may enter a valid contract provided it is proven 1. That he was not insane at the time he entered into the contract, and 2. That his mental defect did not affect his capacity to appreciate the meaning and significance of the transaction. 3. State of being deaf-mute Deaf-mutes cannot give consent to a contract. (Art. 1327, CC) If the testator is a deaf-mute, he must personally read the will. If unable to read, he must designate 2 persons to read it and communicate to him the contents thereof. (Art. 807, CC) Deaf-mutes cant be witnesses to a will. (Art. 820, CC)
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1. Minority RA 6809 Majority commences at the age of 18 years. Effect on Contracts: - Minors cannot give consent to a contract. (Art. 1327, CC). - The parents consent is binding on the minor. (Shields v. Gross, 58 NY 2d 338) - If one of the parties to a contract is a minor, the contract is voidable. (Art. 1390, CC) - If both parties are minors, the contract is unenforceable. (Art. 1403, CC) - Persons who are capable cannot allege the incapacity of the other party. (Art. 1379, CC) - The minor is not obliged to make restitution except insofar as he has been benefited. (Art. 1399, CC) - If there is active representation by the minors that they are of legal age, the contract is valid. (Mercado v. Espiritu, 37 Phil. 215) - If there is only passive representation, the contract is not valid. The fraud must be actual and not constructive. Mere silence does not constitute fraud. However, the minors must make restitution to the extent they profited from the money received. (Braganza v. de Villa Abrille, 105 Phil. 456)
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General Rule: Absence of 7 years + unknown whether the absentee still leaves = presumed dead for all purposes. Except: For the purpose of opening his succession, in which case, the absentee is presumed dead after 10 years. If disappeared after the age of 75 years, 5 years will be sufficient. (Art. 390, CC) Rule: The following are presumed dead for ALL purposes, including the division of estate among the heirs: (VA-A-D) 1. A person on board a vessel during a sea voyage, or an aeroplane which is missing, who has not been heard of for 4 years since the loss of the vessel or aeroplane; 2. A person in the armed forces who has taken part in war, and has been missing for 4 years; 3. A person who has been in danger of death under other circumstances and existence has not been known for 4 years. (Art. 391, CC) Administration and enjoyment of conjugal partnership where one spouse is absent: The other spouse may assume sole powers of administration. These powers to NOT include disposition or encumbrance without court authority or written consent of the other spouse. Effect of want of authority/consent: VOID disposition or encumbrance. BUT, the transaction is construed as a CONTINUING OFFER on the part of the consenting spouse and the 3rd person. It may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. (Art. 124, FC)
9. Married Women General Rule: A married woman may not sue or be sued alone without joining her husband. Except: (Rule 3, Sec. 4, ROC) 1. When they are judicially separated. 2. If they have in fact been separated for at least 1 year; 3. When there is a separation of property agreed upon in the marriage settlements;
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Domicile of parents of a person at the time he was born. 2. Domicile of Choice Domicile chosen by a person, changing his domicile of origin. A 3rd requisite is necessary intention not to return to ones domicile as his permanent place. 3. Domicile by Operation of Law (i.e., Article 69, domicile of minor) Construction of residence: Although residence and domicile are used interchangeably, they are NOT synonymous in connection with citizenship, jurisdiction, limitations, school privileges, probate and succession. (Uytengsu v. Republic, 1954) As used in the Naturalization Law, residence means actual and substantial residence, not domicile. (Uytengsu v. Republic, 1954) HOWEVER, in election law, residence is synonymous with domicile. (Romualdez-Marcos v. Comelec, 1995)
III. MARRIAGE
A. DEFINITION MARRIAGE AND NATURE OF
Definition of Marriage: 1. A special contract 2. of permanent union 3. between a man and a woman 4. entered into in accordance with law 5. for the establishment of conjugal and family life. 6. It is the foundation of the family and 7. an inviolable social institution 8. whose nature, consequences, and incidents are governed by law and not subject to stipulation, 9. except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (Art. 1, FC) Breach of promise to marry: Tanjanco v. CA 18 SCRA 994 Breach of promise to marry is not an actionable wrong. The fact that the woman agreed to have sexual intercourse for a year does not constitute seduction but mutual passion. Wassmer v. Velez 12 SCRA 648
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contracting parties having good faith that he had authority to do so (Art 35, par. 2) C. FORMAL REQUISITES OF MARRIAGE (SO-ML-MC) 1. Authority of the solemnizing officer; 2. A valid marriage license; 3. Marriage ceremony (Art 3, FC) a. Authority of solemnizing officer Who are authorized to solemnize marriages? (JPSMCM) 1. Any incumbent member of the judiciary within the courts jurisdiction (Art. 7, par. 1); 2. Any priest, rabbi, imam, or minister of any church or religious sect a. Must be authorized by his church or religious sect. b. Must be registered with the civil registrar general. c. Must act within the limits of the written authority granted by the Church. d. At least one of the parties must be a member of the church or religious sect to which the solemnizing officer belongs. (Art. 7, par. 2) 3. Ship captain or airplane chief in the following cases; a. Where one or both of the parties are in articulo mortis, b. While the ship is at sea or c. While the plane is in flight, or d. At stopovers or ports of call (Art 7, par. 3; Art 31, FC). 4. Any military commander of a unit to which a chaplain is assigned, in the absence of the latter (Art 7, par. 4 FC); a. Can only solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians (Art 32, FC). 5. Consul-general, consul, or vice consul (Art. 7, par. 5 FC) a. Can solemnize marriages between Filipino citizens abroad. The issuance of the marriage license and the duties of the local civil registrar shall also be performed by said consular official. (Art. 10, FC) 6. Mayors (LGC) b. Marriage License Marriages exempt from marriage license requirement: (ARMC) 1. Marriage in articulo mortis (Art. 27, FC) 2. Marriage in remote and inaccessible places (Art. 28, FC)
Essential Formal
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2. Marriage in a remote place in accordance with Art. 29; 3. Where both of the parties request the solemnizing officer in writing, in which case the marriage may be solemnized at a house or place designated by then in a sworn statement. D. MARRIAGES CELEBRATED ABROAD General Rule: Marriages solemnized outside the RP in accordance with the law of the foreign country shall be valid in the Philippines (lex loci celebrationis). (Art. 26, FC) Exceptions: (AgeBI53PIPP) 1. Marriage between persons below 18 years old Art. 35(1) 2. Bigamous or polygamous marriage Art. 35(4) 3. Mistake in identity Art. 35 (5) 4. Marriages void under Article 53 Art. 35 (6) 5. Psychological incapacity Art. 36 6. Incestuous marriages Art. 37 7. Marriage void for reasons of public policy Art. 38
General Rule: 1. Chambers of the judge or in open court; 2. Church, chapel, or temple 3. Office of the Consul-general, consul, or vice-consul, as the case may be. Exceptions: 1. Marriage in articulo mortis;
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Terre v. Terre 211 SCRA 6 Parties are not allowed to assume that their marriage is void even if such is the fact. They must file an action for declaration of nullity under Art. 40 before they remarry. Atienza v. Brillantes 243 SCRA 32 Art. 40 is applicable to remarriages entered into after the effectivity of the Family Code, regardless of the date of the first marriage. The Family Code retroacts to the extent that it does not impair rights. Domingo v. CA 226 SCRA 572 (1993) A marriage void for lack of marriage license still needs a judicial declaration of such fact even for a purpose OTHER than remarriage (e.g. liquidation, partition, distribution and separation of property between spouses, custody and support of children, and delivery of the latters presumptive legitime). Art. 40 not mean that JDN can only be invoked for purposes of remarriage. PSYCHOLOGICAL INCAPACITY (Art. 36, FC) Chi Ming Tsoi v. CA 266 SCRA 234 (1997) Psychological incapacity involves the senseless, constant, and prolonged refusal to comply with the essential marital obligations. Procreation is one of the essential marital obligations under the Family Code. The prolonged refusal of a spouse to have sex with his spouse, even though capable, is equivalent to psychological incapacity. Santos v. CA G.R. 112109 (1995) Psychological incapacity under Art. 36, FC is not meant to comprehend all possible cases of psychoses. It should refer, rather, to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage. Psychological incapacity must be characterized by (a) gravity, (b) juridical antecedence, and (c) incurability. Carating-Siayngco v. Siayngco G.R. No. 158896 (2004) Sexual infidelity, per se, does not constitute psychological incapacity. It must be shown that respondents unfaithfulness is a manifestation of a disordered personality which makes him completely unable to discharge the essential obligations of the marital state and not merely due to his ardent wish to have a child of his own flesh and
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1. The appearance of the Solicitor General is no longer necessary. 2. Expert opinion need not be alleged, as long as the physical manifestations of psychological incapacity at the time of celebration of marriage are alleged. Tenebro v. CA G.R. No. 150758 (2004) The subsequent judicial declaration of nullity of marriage on the ground of psychological incapacity does not retroact to the date of the celebration of the marriage insofar as the Philippine penal laws are concerned. As such, an individual who contracts a second or subsequent marriage during the subsistence of a valid marriage is criminally liable for bigamy, notwithstanding the subsequent declaration that the second marriage is void ab initio on the ground of psychological incapacity. Buenaventura v. CA G.R. No. 127358 (2005) By declaring the petitioner as psychologically incapacitated (hence beyond the control of the party because of an innate inability), the possibility of awarding moral damages on the same set of facts was negated. The award of moral damages should be predicated, not on the mere act of entering into the marriage, but on specific evidence that it was done deliberately and with malice by a party who had knowledge of his or her disability and yet willfully concealed the same Mallion v. Alcantara G.R. No. 141528 Res judicata applies to a petition for nullity of marriage due to lack of marriage license, where a prior petition for nullity of marriage based on psychological incapacity had been denied. There is only one cause of action for both petitionsthe nullity of the marriage. Moreover, in the first case, petitioner impliedly conceded that the marriage was conduced in accordance with law, since he never raised the issue of lack of marriage license. Petitioner is now bound by this admission.
3. 4. 5.
6.
7.
8.
*NOTE HOWEVER, that in the later case of Marcos v. Marcos (343 SCRA 755; 2000), it was held that there is no need for the respondent to be examined by an expert, as the psychological incapacity may be established by the totality of the evidence presented. ** A.M. No. 02-11-10-SC (March 13, 2003) made the ff. modifications to the Molina doctrine:
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Exception: Said second marriage is not bigamous if the first marriage was void due to the fact that no marriage ceremony was solemnized at all. Here, the parties merely signed a marriage contract on their own. No semblance of marriage, no need for judicial declaration of nullity. B. EFFECTS OF NULLITY (ChiPCuPCDRDIDS) (Arts. 50-54, 43-44) 1. Children considered illegitimate 2. Property Regime is dissolved liquidation, partition and distribution of the properties of the spouses. If either spouse acted in bad faith, his/her share in the net profits will be forfeited: a. In favor of the common children b. If none, in favor of the guilty spouse by previous marriage c. If none, in favor of the children of the innocent spouse. 3. Custody and support of the common children will be decided 4. Presumptive legitimes must be delivered 5. Creditors of the spouses and of the absolute community or conjugal partnership must be notified of the proceedings of liquidation. 6. Conjugal dwelling given to the spouse with whom majority of the children choose to remain. 7. Parties can remarry after compliance with Art. 52, FC. 8. Donation propter nuptias remains valid, (but if the donee contracted marriage in bad faith, donations will be revoked) 9. Insurance benefits innocent spouse may revoke designation of guilty party as beneficiary, even if such designation is irrevocable 10. Donations - If both parties of subsequent marriage acted in bad faith, any donations and testamentary dispositions made by one party to the other by reason of marriage will be revoked 11. Succession Rights Party in bad faith disqualified to inherit from innocent spouse, whether testate or intestate Note: Except for #1, the above also effects apply to marriages which are annulled (and to voidable bigamous marriages.)
V. VOIDABLE MARRIAGES
A. GROUNDS (CIF-mspd-FIS) (Art. 45, FC) 1. One of the parties is 18 or above but below 21, and there is no parental consent. 2. Either party was of unsound mind (insanity).
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further proceedings if the defendant fails to answer. A certification by the prosecutor that he was present during the hearing and even cross-examined the plaintiff does not suffice to comply with the mandatory requirement. Ground (Art. 45) Lack of parental consent Who can file (Art. 47) 1. Underage party Prescrip- tion (Art. 47) 1. 5 years after attaining 21. 2. Before child reaches 21. 1. Any time before the death of insane party Ratifica- tion (Art. 45) Free cohabita- tion after attaining age of 21.
2. Parent or guardian Insanity 1. Sane spouse with no knowledge of the others insanity 2. Legal guardian of insane party 3. Insane party
for
Does not have to be concealed Must be serious and incurable It is the concealment that gives rise to the annulment
Buccat v Buccat 72 Phil. 19 It held that it is unbelievable that the wife could have concealed the fact that she was 6 months pregnant at the time of the marriage. Annulment not granted. Aquino v Delizo 109 Phil. 21 The Supreme Court granted annulment because the wife concealed the fact that she was 4 months pregnant during the time of the marriage. It argued that since Delizo was naturally plump, Aquino could hardly be expected to know, by mere looking, whether or not she was pregnant at the time of the marriage. Corpuz v. Ochoterena AM No. RTJ-04-1861 (2004) In a legal separation or annulment case, a prior collusion investigation by the prosecuting attorney is a condition sine qua non for
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2. During lucid interval or after regaining sanity, and before death Five years after discovery of fraud
Injured party
Free cohabita- tion after having full knowled- ge of fraud Free cohabita- tion after the force has ceased or disappe- red
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STD
Healthy party
1. The court shall provide for the support of the spouses, 2. The custody of the common children, giving paramount consideration to their moral and material welfare, their choice of parent with whom they wish to remain. 3. The court shall also provide for visitation rights of other parent. No child under 7 years shall be separated from the mother unless there is a compelling reason to do so. To prevent collusion between the parties, fabrication or suppression of evidence, the prosecuting attorney or fiscal shall appear on behalf of the State. (Art. 48, FC) D. VOID MARRIAGES vs. VOIDABLE MARRIAGES Void Marriage Nature Co- validatio n Effect on property INEXISTENT from the beginning CANNOT be covalidated Voidable Marriage VALID until annulled by court CAN be covalidated by prescription or free cohabitation ACP exists unless another system is instituted through marriage settlement Children are LEGITIMATE if conceived before decree of annulment
B. MARRIAGE WHEN ONE SPOUSE IS ABSENT Requirements for subsequent marriage to be valid when prior spouse is absent: (Art. 41, FC) 1. The prior spouse had been absent for 4 consecutive years, or 2 years in cases under Art. 391 CC. 2. The spouse present has a well-founded belief that the absent spouse was already dead. 3. The spouse present must institute a summary proceeding for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. Effect of reappearance of absent spouse: General rule: The subsequent marriage remains valid. Exception: It is automatically terminated by the recording of the affidavit of reappearance of the absent spouse. Exception to the exception: If there is a judgment annulling the previous marriage or declaring it void ab initio. (Art. 42, FC) Republic v. Bermudez-Lorino G.R. No. 160258 (2005) The RTC rendered a decision declaring the presumptive death of respondents absent spouse based on Art. 41, FC. The Republic appealed the decision to the CA. Applying Art. 247 FC, the SC ruled that the CA did not have jurisdiction over the appeal because summary proceedings are immediately final and executory, and therefore unappealable.
General rule: Children are ILLEGITIMATE (Art. 165) Exception: In void marriages by reason of psychologica l incapacity (Art. 36) or non-partition of properties in a previous marriage (Art. 53), children are considered LEGITIMATE .
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Contracting by respondent of a subsequent bigamous marriage, whether in the Philippines of abroad. 8. Sexual infidelity or perversion. 9. Attempt on the life of petitioner by respondent. a. There is no need for criminal conviction. 10. Abandonment of petitioner by respondent without justifiable cause for more than one year. Gandioco v Pearanda 155 SCRA 725 (1989) In sexual infidelity as a ground for legal separation, there is no need for prior conviction for concubinage, because legal separation only requires a preponderance of evidence, as opposed to proof beyond reasonable doubt required in concubinage. Lapuz v. Eufemio 43 SCRA 177 The action of the plaintiff in filing for legal separation does not survive after her death. Death of either spouse dissolves the marriage. An action for legal separation is purely personal between the spouses. Dela Cruz. v. Dela Cruz 22 SCRA 333 Abandonment is not mere physical abandonment but also financial and moral desertion. There must be an intention never to return. B. DEFENSES Grounds for denying (4CMRPD) (Art. 56, FC) legal separation
E. JURISDICTION Tamano v. Ortiz 291 SCRA 584 (1998) PD No. 1083 (Code of Muslim Personal Laws of the Philippines) does not provide for a situation where the parties were married both in civil and Muslim rites. Consequently, the shari'a courts are not vested with original and exclusive jurisdiction when it comes to marriages celebrated under both civil and Muslim laws. Hence, the Regional Trial Courts have jurisdiction over such cases.
2. 3.
4.
5.
1. Condonation by aggrieved party 2. Consent by aggrieved party to the commission of the offense 3. Connivance between parties in the commission of the offense 4. Mutual guilt in ground for legal separation 5. Collusion between parties to obtain decree of legal separation 6. Prescription of action for legal separation (5 years from occurrence of the cause of action) 7. Death of either party during pendency of action (Lapuz-Sy v Eufemio, G.R. No. L-30977, 1972) 8. Reconciliation of parties during pendency of action (Art. 66 par.1) C. WHEN TO FILE/TRY ACTIONS Prescription: Action prescribes in five years occurrence of cause (Art. 57, FC)
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6. Innocent spouse may also revoke designation of guilty spouse as beneficiary in an insurance policy, even if such stipulations are irrevocable (Art. 64. FC). 7. Obligation for mutual support ceases, but the court may order the guilty spouse to support the innocent spouse. (Art. 198, FC) 8. The wife shall continue to use the surname of the husband even after the decree for legal separation. (Art. 372, CC) F. RECONCILIATION How done: Should the spouses reconcile, they should file a corresponding joint manifestation under oath of such reconciliation. (Art. 65, FC) Effects of Reconciliation: 1. Proceedings for legal separation shall be terminated at whatever stage. (Art. 66, FC) 2. If there is a final decree of legal separation, it shall be set aside. (Art. 66, FC) 3. The separation of property and forfeiture of share of guilty spouse shall subsist, unless the spouses agree to revive their former property regime or to institute another property regime. ( Art. 66 cf. Art. 67, FC) 4. Joint custody of children is restored. 5. The right to intestate succession by guilty spouse from innocent spouse is restored. 6. The right to testamentary succession depends on the will of the innocent spouse. G. DIVORCE General Rule: Decrees of absolute divorce obtained by Filipinos abroad have no validity and are not recognized in the Phil. dfd Exception (partial recognition of absolute divorce): - When the divorce is validly obtained by the alien spouses abroad which capacitates him/her to remarry, the Filipino spouse shall likewise have the capacity to remarry. (Art. 26, par. 2 FC) Twin elements for the application of par. 2, Art. 26, FC: 1. There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and 2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.
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2. Her maiden first name and her husband's surname or 3. Her husband's full name, but prefixing a word indicating that she is his wife, such as Mrs. Yasin v. Sharia District Court G.R. No. 94986 (1995) The woman only has an option and not a duty to use the surname of her husband, as provided for in Art. 370, CC. Moreover, when her husband dies, the woman can revert to her old name without need for judicial declaration. 2. Widows:
A widow may use the deceased husbands surname as though he were still living. (Art. 373, CC) 3. Mistresses: Legamia v IAC G.R. No. 63817 (1984) The Supreme Court allowed the mistress to use her live-in partners name, since everyone already knew that she was a mistress, so as to avoid confusion. 4. Divorcees Tolentino v. CA G.R. No. 41427 (1988) A divorced woman may continue using the surname of her former husband. Philippine laws are silent in this issue. Moreover, there is no usurpation as she never represented herself as Mrs. Arturo Tolentino after the divorce, but simply as Mrs. Consuela David- Tolentino.
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2. Made in consideration of the marriage 3. In favor of one or both spouses Donations excluded: 1. Ordinary wedding gifts given after the celebration of the marriage 2. Donations in favor of future spouses made before marriage but not in consideration thereof 3. Donations made in favor of persons other than the spouses even if founded on the intended marriage Who may donate: 1. spouses to each other 2. parents of one or both spouses 3. 3rd persons to either or both spouses Solis v. Barroso 53 Phil. 912 (1928) Moreover, in donations propter nuptias, the marriage is really a consideration but not in the sense of giving birth to the obligation. There can be a valid donation even if the marriage never took place. However, the absence of marriage is a ground for the revocation of the donation. Mateo v. Lagua G.R. No. 26270 (1969) Donations propter nuptias are without onerous consideration, marriage being merely the occasion or motive for the donation, not its cause. Being liberalities, they remain subject to reduction for inofficiousness upon the donors death, if they should infringe the legitime of a forced heir. Distinguished from Ordinary Donations: DONATIONS PROPTER NUPTIAS Does not require express acceptance May be made by minors (Art. 78) May include future property If present property is donated and property is not absolute community, limited to 1/5 Grounds for revocation - In Art. 86 ORDINARY DONATIONS Express acceptance necessary Cannot be made by minors Cannot include future property No limit to donation of present property provided legitimes are not impaired Grounds for revocation - in donation laws
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Harding v. Commercial Union 38 Phil. 464 (1918) The prohibition on donations can only be assailed by persons who bear such relation to the parties or the property itself, that their rights are being interfered with. Here, the insurance company of the donated car cannot assail the validity of the donation. Sumbad v. CA G.R. No. 106060 (1999) The donation made by a man to a woman was held valid because no proof was shown that they were still living in a common-law relationship at the time of the donation. C. ABSOLUTE COMMUNITY OF PROPERTY 1. IN GENERAL When it commences: At the precise moment of the celebration of the marriage (Art. 88, FC). However, if the marriage is celebrated before the Family Code took effect (1988), the default property regime is the Conjugal Partnership of Gains (CPG). Waiver of Rights: (Art. 89, FC) General Rule: NOT ALLOWED Exceptions: 1. When there is judicial separation of property 2. When there is legal separation 3. When the marriage is dissolved (by death of one of the spouses) 4. When the marriage is annulled 2. WHAT CONSTITUTES COMMUNITY PROPERTY What it consists: All the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. (Art. 91, FC) Under the ACP, spouses cannot exclude specific properties from the regime. What is Excluded (BGM): (Art. 92, FC) 1. Properties acquired by a gratuitous title, i.e. donation, inheritance by testate and intestate succession, including the fruits of such properties EXCEPT: When it was expressly provided by the donor or testator that the property shall form part of the ACP 2. Properties for personal use EXCEPT: Jewelry - they form part of the ACP
1. If the marriage is not celebrated or judicially declared void ab initio, except donations made in settlements. 2. When the marriage takes place without the consent of the parents or guardians, as required by law. 3. When the marriage is annulled, and the donee acted in bad faith. 4. Upon legal separation, if the donee is the guilty spouse. 5. If there is a resolutory condition, and it is not complied with. 6. When donee has committed an act of ingratitude: (Art. 765, CC) a. An offense against person or property of donor, or his wife or children under parental authority b. An imputation to the donor of any criminal offense, or any act involving moral turpitude, even if proven, unless the crime is committed against the donee, his wife or children under his authority. c. Refusing to support the donor, if he/she is legally required to do so. *The action for filing donation prescribes. for revocation of
Matabuena v Cervantes 38 SCRA 284 (1971) The donation between common-law spouses falls within the provision prohibiting donations between spouses during marriage.
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Only ff the debtor-spouse has no exclusive property or his or her property is insufficient. The payments by the ACP are deemed advances to be deducted from the share of the guilty spouse upon the liquidation of the absolute community.
10. Expenses of Litigation between Spouses 4. ADMINISTRATION, OWNERSHIP AND DISPOSITION OF ACP Administration of property: Belongs to both spouses jointly. If they disagree the husbands decision prevails. However, the wife has five years from the date of the decision to go to court for recourse. Otherwise, it is presumed that she agreed with the husbands decision. (Art. 96, FC) Except: When the other spouse is incapacitated, or unable to participate in the administration (e.g. when abroad). Disposition of property: Either spouse may, through a will, dispose his/her interest in the community property. (Art. 97, FC) However, the will should refer only to his/her own share in the community property. Donation of property: Donation of one spouse without the consent of the other is not allowed (Art. 98, FC) Except: 1. Moderate donations to charity due to family rejoicing or distress; 2. Moderate gifts by each spouse to the other due to family rejoicing. (note: Whats moderate depends on the socio-economic status of the family) 5. DISSOLUTION OF ACP ACP terminates upon: (Art. 99, FC) 1. Death of either spouse follow rules in Art. 103 2. Legal Separation follow rules in Arts. 63 and 64 3. Annulment or judicial declaration of nullity follow rules in Arts. 50 to 52 4. Judicial separation of property during marriage follow rules in Arts. 134 to 138 Rules on De Facto Separation: (ART. 100, FC): De facto separation does not affect the ACP. EXCEPT that: 1. Spouse who leaves the conjugal home without just cause shall not be entitled
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balance of separate properties shall be delivered to respective spouses or their heirs, and they will also divide into two equal shares whatever is left of the community assets, without prejudice to the provisions of law on forfeitures and delivery of presumptive legitimes. Rules in Case of Termination of Marriage by Death of One of the Spouses: (Art. 103, FC) 1. The community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased spouse. 2. If no such judicial settlement proceeding is instituted, surviving spouse shall liquidate the community property either judicially or extra- judicially within one year from the death of the deceased spouse. Procedure for Liquidation of Community Properties of Two Marriages: (Art. 104, FC) 1. Determine the capital, fruits, and income of each community upon such proof as may be considered according to the rules of evidence. 2. In case of doubt as to which community the existing properties belong, they shall be divided between two communities in proportion to the capital and duration of each. Onas v. Javillo 59 Phil. 733 (1934) Javillo contracted 2 marriages. SC ruled that each absolute community should be considered owner of the parcels of land acquired during its existence. Death discontinues ACP. Vda. De Delizo v. Delizo G.R. No 32820 (1976) In case of doubt as to which community the existing properties belong, the same shall be divided between the different communities in proportion to the capital and duration of each. D. CONJUGAL PARTNERSHIP OF GAINS WHERE IT APPLIES: 1. For marriages before the implementation of the Family Code. 2. For marriages after the Family Code, if agreed to by the parties through a marriage settlement. HUSBAND AND WIFE PLACE IN COMMON FUND:
2.
3. 4. 5.
6.
Abandonment: (Art. 101, FC) Present spouse may petition the court for: (a) receivership; (b) judicial separation of property; or (c) authority to be the sole administrator of the absolute community, subject to precautionary conditions that the court may impose. *Spouse is prima facie considered to have abandoned the other spouse and the family if: 1. he/she has left for a period of three months, 2. he/she has failed to inform his/her whereabouts for a period of three months. 6. LIQUIDATION OF ASSETS AND LIABILITIES Process of liquidation of ACP: (Art. 102, FC) 1. Inventory of assets of ACP and of spouses, with market values. 2. Obligations are paid with community property, and separate obligations not charged to ACP paid by respective assets of spouses. 3. Balance, or net remainder is divided equally between the spouses, irrespective of how much each brought into the community. 4. If obligations exceed the assets of the ACP, nothing is divided. Creditors can go after the separate properties of the spouses, which are solidarily liable for the deficiency. 5. If personal obligations of a spouse exceed his/her separate property, creditor can go after the share of the spouse on the net remainder of the ACP, without prejudice to the provisions of law on forfeitures and delivery of presumptive legitimes. 6. After covering all community obligations and obligations of spouses,
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B. If winning ticket is bought by conjugal funds = prize is conjugal - presumption is ticket bought during marriage is bought by conjugal funds Property bought on installments paid partly from exclusive funds of the spouses and partly from conjugal funds: a.If full ownership is vested before the marriage it shall belong to the buyer- spouse b.If full ownership was vested during the marriage it shall belong to the conjugal partnership Property belonging to one spouse converted into another kind totally different in nature from its original form during marriage becomes conjugal in the absence of proof that the expenses of conversion were exclusively for the account of the original owner-spouse, subject to reimbursement of the value of the original property from the conjugal partnership Upon dissolution of marriage or partnership, the net gains or benefits from the partnership shall be divided equally between the spouses, unless they have agreed on another manner of division in their marriage settlement. Money received under the Social Security Act is not conjugal, although the employee-spouse contributes to the SSS with his salaries, but belongs to the designated beneficiary under the Social Security Law Intellectual property, like copyright or patent, should, according to Tolentino, citing Planiol and Ripert, be considered separate property of the spouse who produces or invents or discovers it, this property being of a special type, almost a part of one's person or taken from his personality and the physical or external manifestation of his intellect or genius, that it is not simply a product of one's work or industry but should be considered as pertaining exclusively to its creator Business property like trade-marks, trade names, service marks, business goodwill, and similar kinds of property are, however, merely accessories to some commercial establishment or product, so that if such establishment or product is separate property of one spouse, then the business property is separate property, the same being an accessory that follows the principal; but all benefits or earnings derived from these different kinds of property during the marriage should belong to the conjugal property (Tolentino, id., citing the same authority).
EXCLUSIVE SPOUSES:
I. Property by direct acquisition, or property that is originally exclusive: 1. Property brought into marriage by each spouse as his/her own Art. 109(1) 2. Property acquired by either spouse during the marriage by gratuitous title Art 109 (2) II. Property by substitution: 3. Property acquired by right of redemption, by barter, or by exchange with property belonging to either spouse Art. 109 (3) 4. Property purchased with exclusive money of either spouse- Art. 109 (4) III. Other Separate Property: 5. Collection of credits belonging to one spouse exclusively 6. Sale of separate property of a spouse 7. Indemnity paid in cash of expropriation of separate property or under an insurance policy covering separate property. 8. Possession does not affect ownership of separate property. PROPERTIES THAT COMPOSE CPG: 1. Acquired by Onerous Title during the Marriage at Expense of Common Fund (Art. 117 (1)); 2. Acquired through the Labor, Industry, Work, Profession of Either or both Spouses (Art. 117 (2)); 3. Fruits from common property; 4. Net fruits of exclusive property of each spouse (Art. 117 (3)); 5. Share of either spouse in hidden treasure, whether as finder or owner of property where treasure is found (Art. 117(4)); 6. Acquired through occupation such as fishing or hunting (Art. 117 (5)); 7. Livestock existing at dissolution of partnership in excess of what is brought by either spouse to the marriage (Art. 117 (6)); 8. Acquired by chance, such as winnings from gambling or betting (Art. 117 (7)) NOTE: A. If winning ticket is bought by a spouse with his or her own money or was given gratuitously by a friend = the prize will be separate property of the spouse who owns the ticket
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partnership by allowing it to be given gratuitously as in cases of donation of conjugal partnership property, which is prohibited. DISSOLUTION OF CPG (ART. 128): 1. Prepare an inventory of all properties 2. Amounts advanced by the conjugal partnership in payment of personal debts and obligations of either spouse shall be credited to the conjugal partnership. 3. Each spouse shall be reimbursed for the use of his or her exclusive funds in the acquisition of property or for the value of his or her exclusive property, the ownership of which has been vested by law in the conjugal partnership. 4. Debts and obligations of the conjugal partnership shall be paid out of the conjugal assets. 5. Whatever remains of the exclusive properties of the spouses shall be delivered 6. Indemnify loss or deterioration of movables belonging to either spouse, even due to fortuitous event, used for the benefit of the family 7. The net remainder of the conjugal partnership properties, or the profits, which shall be divided equally between husband and wife EXCEPTIONS: a. A different proportion or division was agreed upon in the marriage settlements b. There has been a voluntary waiver or forfeiture of such share as provided in this Code. [NOTE: Dissolution of the conjugal property must be recorded in the registry of property in order to affect third persons dealing with registered property.] De Ansaldo v. Sheriff of Manila G.R. No. L-43257 (1937) The Supreme Court ruled that the spouses are not co-owners of the conjugal properties during the marriage and cannot alienate the supposed interest of each in the said properties. The interest of the spouses in the conjugal properties is only inchoate or a mere expectancy and does not ripen into title until it appears after the dissolution and liquidation of the partnership that there are net assets ACP/CPG TERMINATES UPON (ART. 99 AND 126): 5. Death of either spouse follow rules in Art. 103 6. Legal Separation follow rules in Arts. 63 and 64
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In the absence of an express declaration in the marriage settlements, the separation of property between the spouses during the marriage shall not take place except by judicial order. (Art. 134) Judicial separation of property may either be voluntary or for sufficient cause. SUFFICIENT CAUSES FOR JUDICIAL SEPARATION OF PROPERTIES (CALASA) (ART. 135): 1. Spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction. 2. Spouse of the petitioner has been judicially declared an absentee. 3. Loss of parental authority of the spouse of petitioner has been decreed by the court. 4. Spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family. 5. The spouse granted the power of administration in the marriage settlements has abused that power. 6. At the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable. Each spouse shall contribute to the family expenses, in proportion to their income. In case of insufficiency, the market value of their separate properties. (Art. 146) Liability of spouses to the creditors of the family shall be SOLIDARY. (Art. 146, par. 2) EFFECTS OF SEPARATION OF PROPERTY BETWEEN SPOUSES: 1. ACP or CPG is dissolved and liquidated 2. The liability of the spouses to creditors shall be solidary with their separate properties 3. mutual obligation to support each continues except when there is legal separation 4. rights previously acquired by creditors are not prejudiced REVIVAL OF PROPERTY REGIME IN THE FF. INSTANCES (ART. 141): 1.When the civil interdiction terminates. 2.When the absentee spouse reappears. 3.When the court, being satisfied that the spouse granted the power of
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of
4. Basis
5. Liquida- tion
CPG Separate properties are returned; net profits divided equally between spouses or heirs. Capital and properties of spouses kept separate and distinct from benefits; insurmoun table obstacle to presump- tion of solidarity Exclusive properties will have to be identified and returned, and sometimes , identify- cation is difficult.
Easier to liquidate because net remainder of community properties are simply divided between spouses or heirs.
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not Art. olygamous 37 marriage (incestuo (Art.35(4)) us void 6. incestuous marriage) marriages not Art. under 38 (void Art.37 marriage 7. Void by reason marriages of public by reason of policy) public policy not under bigamous Art.38 4. other void marriages due to absence of formal requisite Salaries and wages Proper- ties acquired through exclusive funds Proper- ties acquired by both through work or industry Owned in equal shares Art.147 Remains exclusive provided there is proof Separately owned parties Art.148 Remains exclusive by
Governed by rules on co- ownership Owned in equal shares since it is presumed to have been acquired through joint efforts if one party did not participate in acquisitio n, presumed to have contribute d through care and maintenan ce of family and household When only one of the
Applica- bility
No presumption of joint acquisition. When there is evidence of joint acquisition but none as to the extent of actual contribution, there is a presumption of equal sharing
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3. Such earnest efforts and the fact of failure must be alleged [NOTE: The case will be dismissed if it is shown that no such efforts were made.] Exceptions to the general rule (VJLAFF): a. Civil status of persons, b. Validity of marriage or a legal separation, c. Any ground for legal separation, d. Future support, e. Jurisdiction of courts, f. Future legitime Hontiveros v. RTC 309 SCRA 340 (1999) Whenever a stranger is a party in a case involving family members, the requisite showing of earnest efforts to compromise is no longer mandatory, as such inclusion of a stranger takes the case out of the ambit of FC 151. FAMILY HOME - dwelling place of a person and his family Guidelines: 1. It is deemed constituted from time of actual occupation as a family residence 2. It must be owned by person constituting it 3. It must be permanent 4. Rule applies to valid and voidable and even to common-law marriages under Arts.147 and 148 5. It continues despite death of one or more spouses or unmarried head of family for 10 years or as long as there is a minor beneficiary (Art.159) 6. Can only constitute one family home GENERAL RULE: The family home is exempt from: 1. Execution 2. Forced sale 3. Attachment Exceptions in the exemption of the family home from execution (Art. 156): 1. Nonpayment of taxes. 2. Debts incurred prior to the constitution of the family home. 3. Debts secured by mortgages on the premises before or after such constitution. 4. Debts due to laborers, mechanics, architects, builders, materialmen and others who have rendered service or furnished material for the construction of the building.
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4. If the family home is sold for more than the value allowed, the proceeds shall be applied as follows: a. First, the obligation enumerated in Article 155 must be paid b. Then the judgment in favor of the creditor will be paid, plus all the costs of execution c. The excess, if any, shall be delivered
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d. Vasectomy [NOTE: SEMPIO-DIY: A double vasectomy, together with other pieces of evidence, can show the impossibility of the alleged father siring his supposed child; STA. MARIA: The fact that the husband has undergone vasectomy is not enough proof to rebut the presumption of legitimacy (Cocharan v. Cocharan).] 3. Written authorization or ratification of either parent of children conceived through artificial insemination, when the was obtained through mistake, fraud, violence, intimidation, or undue influence Who can impugn the legitimacy of a child
For children by artificial insemination to be considered legitimate: 1. The artificial insemination is made on the wife, not on another woman AND 2. The artificial insemination on the wife is done with the sperm of the husband, or of a donor, or both the husband and a donor AND 3. The artificial insemination has been authorized or ratified by both spouses on a written instrument executed and signed by them before the birth of the child, AND 4. The written instrument is recorded in civil registry together with the birth certificate of the child IMPUGNING LEGITIMACY: Liyao v. Liyao 378 SCRA 563 (2002) A child born within a valid marriage is presumed legitimate even though the mother may have declared against its legitimacy or may have been sentenced as an adulteress. The child himself cannot choose his own filiation. If the husband, presumed to be the father, does not impugn the legitimacy of the child, then the status of the child is fixed, and the latter cannot choose to be the child of his mothers alleged paramour. Grounds to impugn the legitimacy of the child: 1. Physically impossibility for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of: a. Physical incapacity of the husband to have sexual intercourse with his wife b. The fact that the husband and wife were living separately in such a way that sexual intercourse was not possible, or c. Serious illness of the husband which absolutely prevented intercourse 2. Biological or other scientific grounds that the child could not have been that of the husband, except in the case of children conceived through artificial insemination a. Blood grouping tests can determine non-paternity but not paternity (ex. A-B-O test). b. Human Leukocyte Antigen Test (HLA) can prove identity between child and father with a probability exceeding 98%. c. DNA test
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General Rule: Only the husband can impugn the legitimacy of a child Exceptions: The heirs of the husband may impugn the childs filiation in the following cases: a. If the husband dies before the expiration of period for filing the action b. If the husband dies after filing without desisting If the child was born after the death of the husband When to impugn the legitimacy of a child: 1. Within 1 year from knowledge of the birth or its recording in the civil register, if the impugner resides in the city or municipality where the birth took place or was recorded; 2. Within 2 years from knowledge of the birth or its recording in the civil register, if the impugner resides in the Philippines other than in the city or municipality where the birth took place or was recorded; 3. Within 3 years from knowledge of the birth or its recording in the civil register, if the impugner resides abroad NOTE: Legitimacy cannot be collaterally attacked. It can only be impugned in a direct action.
Termination of 1st Celebration marriage of 2nd marriage 180 days after celebration of 2nd marriage 300 days after termination of 1st marriage
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consider the child as his, by continuous and clear manifestations of parental affection and care, which cannot be attributed to pure charity. Continuous means uninterrupted and consistent, but does not require any particular length of time. Cabatania v.CA G.R. No. 124814 (2004) A certificate of live birth purportedly identifying the putative father is not competent evidence of paternity when there is no showing that the putative father had a hand in the preparation of said certificate. The local civil registrar has no authority to record the paternity of an illegitimate child on the information of a third person. While a baptismal certificate may be considered a public document, it can only serve as evidence of the administration of the sacrament on the date specified but not the veracity of the entries with respect to the childs paternity. Thus, certificates issued by the local civil registrar and baptismal certificates are per se inadmissible in evidence as proof of filiation and they cannot be admitted indirectly as circumstantial evidence to prove the same. Herrera v. Alba G.R No. 148220 (2005) To be effective, the claim of filiation must be made by the putative father himself and the writing must be the writing of the putative father. A notarial agreement to support a child whose filiation is admitted by the putative father was considered acceptable evidence. Letters to the mother vowing to be a good father to the child and pictures of the putative father cuddling the child on various occasions, together with the certificate of live birth, proved filiation. However, a student permanent record, a written consent to a fathers operation, or a marriage contract where the putative father gave consent, cannot be taken as authentic writing. Standing alone, neither a certificate of baptism nor family pictures are sufficient to establish filiation. ACTION TO CLAIM LEGITIMACY 1. The child can bring the action during his lifetime 2. If the child dies after reaching majority without filing an action, his heirs can longer file the action after death 3. If the child dies during minority in the state of insanity, his heirs can file the action for him within 5 years form the childs death 4. If the child dies after commencing the action, the action will survive and his heirs will substitute for him
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[i.e. children of those who are not disqualified by any impediment to marry each other] CHILDREN OF FOLLOWING CANNOT BE LEGITIMATED (BECAUSE OF IMPEDIMENT) (VIBA): 1. Adulterous relationships 2. Incestuous relationships 3. Bigamous relationships 4. Void marriages by reasons of public policy under Art. 38 RIGHTS: Legitimated children shall enjoy the same rights as legitimate children (Art. 179) RETROACTIVITY: The effects of legitimation shall retroact from the time of the childs birth. (Art. 180) DEATH OF CHILD: When the child dies before the celebration of the marriage, their legitimation shall benefit their descendants. (Art. 181) IMPUGNING: Only those who are prejudiced by their rights, within five years from the time of the cause of action accrues. (Art. 182)
To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of this Code on Support Entitled to the legitime and other successional rights granted to them by the New Civil Code
XI. ADOPTION
LEGITIMATION The law merely makes legal what exists by nature ADOPTION The law merely creates by fiction a relation which did not in fact exist Generally applies to strangers Always by judicial decree By one parent alone Creates a rel. only between the child and the adopting parent
The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.
D. LEGITIMATED CHILDREN Legitimation takes place by the subsequent marriage of the childs parents. It confers on the child the rights of legitimate children, and retroacts to the time of the childs birth. REQUISITES FOR LEGITIMATION: 1. The child was conceived and born outside of wedlock; 2. The parents, at the time of childs conception, were not disqualified by any impediment to marry each other 3. There is a valid marriage subsequent to the childs birth. WHO CAN BE LEGITIMATED: 1. Child who is conceived and born outside of wedlock; and 2. At the time of conception, the parents were not disqualified by any impediment to marry each other.
Same status and rights as a legitimated child not only in relation to the legitimizing parents but also to other relatives
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c. if spouses are legally separated from each other PRE-ADOPTION SERVICES: The DSWD shall provide for the following services: 1. Counseling services for the biological parents, prospective parents, and prospective adoptee 2. Exhaust all efforts to locate the biological parents, if unknown WHO MAY BE ADOPTED: 1. Any person below 18 years old who has been administratively or judicially declared available for adoption 2. The legitimate child of one spouse by the other spouse 3. An illegitimate child by a qualified adopter to improve the childs status to that of legitimacy 4. A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her child since minority 5. A child whose previous adoption has been rescinded 6. A child whose biological or adoptive parent(s) has died, provided that no proceedings shall be initiated within 6 months from the time of death of said parent(s) CONSENT NECESSARY FOR ADOPTION: 1. The prospective adoptee if 10 years or older 2. The prospective adoptees biological parents or legal guardian 3. The prospective adopters legitimate and adopted children who are ten years or over and, if any, illegitimate children living with them 4. The prospective adopters spouse in appropriate cases [NOTE: A decree of adoption shall be effective as of the date the original petition was filed. It also applies in case the petitioner dies before the issuance of the decree of adoption to protect the interest of the adoptee.] Tamargo v. CA G.R. No. 85044 (1992) Where the petition for adoption was granted after the child had shot and killed a girl, the Supreme Court did not consider that retroactive effect may be given to the decree of adoption so as to impose a liability upon the adopting parents accruing at a time when adopting parents had no actual or physically custody over the adopted child. Retroactive affect may perhaps be given to the granting of the petition for adoption where such is
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4. Succession rights shall revert to its status prior to adoption, but only as of the date of judgment of judicial rescission. Vested rights acquired prior to judicial rescission shall be respected. R.A. 8043: Inter-Country Adoption Act of 1995 INTER-COUNTRY ADOPTION refers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the supervised trial custody is undertaken, and the decree of adoption is issued outside the Philippines. WHO MAY BE ADOPTED: Only a legally-free child may be the subject of inter-country adoption. A legally-free child is one who has been voluntarily or involuntarily committed to the DSWD of the Philippines, in accordance with the Child and Youth Welfare Code. No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally. WHO MAY ADOPT: Any foreign national or a Filipino citizen permanently residing abroad who has the qualifications and none of the disqualifications under the Act may file an application if he/she: 1. Is least 27 years of age and at least 16 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 be adopted or the spouse of such parent 2. If married, his/her spouse must jointly file for the adoption 3. 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 his/her country 4. Has not been convicted of a crime involving moral turpitude 5. Is eligible to adopt under his/her national law 6. Is in a position to provide the proper care and support and to give the necessary moral values and example to all his children, including the child to be adopted 7. Agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N. Convention on the
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WHO ARE OBLIGED TO SUPPORT EACH OTHER: 1. The spouses; 2. Legitimate ascendants and descendants; 3. Parents and their legitimate children and the legitimate and illegitimate children of the latter; 4. Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and 5. Legitimate brothers and sisters, whether of full or half-blood. ORDER OF SUPPORT (IF 2 OR MORE ARE TO GIVE SUPPORT): 1. Spouses 2. Descendants, nearest in degree 3. Ascendants, nearest in degree 4. Brothers and Sisters [NOTE: When two or more are obliged to give support, the payment shall be divided between them in proportion to their resources.]
XII. SUPPORT
SUPPORT consists of everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. KINDS OF SUPPORT: 1. Legal that which is required to be given by law 2. Judicial that which is required to be given by court order whether pendent elite or in a final judgment 3. Voluntary or Conventional by agreement CHARACTERISTICS OF SUPPORT (PREVIW): 1. Personal 2. Intransmissible 3. Not subject to waiver or compensation with regard to future support 4. Exempt from attachment or execution 5. Reciprocal on the part of those who are by law bound to support each other 6. Variable
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minor are subsidiarily liable for said acts and omissions of the minor. Substitute Parental Authority It is exercised in case of death, absence, or in case of unsuitability of parents. Special Parental Authority
It is exercised concurrently with the parental authority of the parents and rests on the theory that while the child is in the custody of the person exercising special parental authority, the parents temporarily relinquish parental authority over the child to the latter.
St. Marys Academy v. Carpitanos 376 SCRA 473 (2002) The special parental authority and responsibility applies to all authorized activities, whether inside or outside the premises of the school, entity or institution. EFFECTS OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILD: The Father and Mother shall jointly exercise legal guardianship over the property of the minor child without court appointment In case of disagreement, the fathers decision shall prevail, unless there is judicial order to the contrary If the market value of the property or the annual income of the child exceeds P50,000, the parent is required to furnish a bond of not less than 10% of the value of the childs property or income GROUNDS FOR SUSPENSION OF PARENTAL AUTHORITY (CLEBC): 1. Conviction of parent for crime without civil interdiction 2. Treats child with excessive harassment and cruelty 3. Gives corrupting orders, counsel or example 4. Compels child to beg 5. Subjects or allows acts of lasciviousness PARENTAL AUTHORITY TERMINATES: 1. Upon death of parents 2. Upon death of child 3. Upon emancipation of child 4. If the parents exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse
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cooperate with the family in matters for his own good [ART.4, PD603] strive to live an upright and virtuous life love, obey, respect his parents and cooperate with them in strengthening the family extend his love to his brothers and sisters exert his utmost to develop his potentials
XIV. FUNERALS
GENERAL GUIDELINES: 1. Duty and right to make arrangement in funerals in accordance with Art. 199 of FC: a. Spouse b. Descendants in nearest degree c. Ascendants in nearest degree d. Brothers and sisters 2. The funeral shall be in keeping with the social position of the deceased 3. The funeral shall be in accordance with the expressed wishes of the deceased a. in the absence of expressed wishes, his religious beliefs or affiliation shall determine b. in case of doubt, the persons in Art. 199 of FC shall decide 4. Any person who disrespects the dead or allows the same shall be liable for damages ***
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