PERSONS AND FAMILY RELATIONS

I. Effect and Application of Laws (Arts. 1-18)

Effectivity of Laws (Art. 2)1. Publication Requirement; What to Publish

Importance of Publication

Ignorance of Law excuses no one (Art. 3)1. Mistake of law v. Mistake of Fact:

a. Art. 526 –mistake on doubtful or difficult provision of law is basis for good faith - mitigates but does not extinguish liability;b. Art. 1334 – mutual error on legal effect of agreement- may vitiate consent;c. Art. 2155 – mistake in payment gives rise to right to return of erroneous payment

Garcia vs. Recio G.R. No. 138322, Oct. 2, 2002

Prospective Application of Laws (Art. 4)1. Exception

a. If provided in the law itselfb. Procedural lawc. Penal law if favorable to the accusedd. Curative and Repealing statutes;e. Creating new rights f. Tax statutesg. Interpretative Statutes

2. Exception to the Exceptiona. Ex post facto laws;b. Penal laws not favorable to the accused;c. Substantive laws impairing vested rights.

Acts Contrary to Mandatory or Prohibitory Provisions are Void (Art. 5)1. Exceptions

a. The law makes the act valid BUT punishes THE VIOLATORb. The law itself authorizes its validityc. The law makes the act only voidable d. The law declares the nullity of an act but recognizes its effects as legally existing

Waiver of Rights (Art. 6)1. Requisites2. Exceptions

a. Waiver is contrary to law, public order, public policy, morals or good customs;b. If the waiver is prejudicial to a third party with a right recognized by law.c. Alleged rights which really do not yet exist, as in the case of future inheritanced. If the right is a natural right, such as right to be supported.

Repeal of Laws (Art. 7)1. Kinds of Repeal

a. Expressb. Implied (not favored)

2. Effects3. Sec. 444, Local Government Code

Judicial Decisions form part of the law of the land (Art. 8)Doctrine of stare decisis

Duty of Judges (Art. 9)

Doubtful Statues (Art. 10)

Customs (Art. 11-12)1. Requisites to make a custom an obligatory rule

a. Plurality or repetition of acts;b. Practiced by the great mass of the social group;c. Continued practice for a long period of time;d. The community accepts it as a proper way of acting, such that it is considered as obligatory upon all

Computation of Period and Time (Art. 13)1. Rule on Computation of Period: First day excluded, last day included

a. Years- 365 days, unless year identifiedb. Months-30 days, unless month identifiedc. Days – 24 hoursd. Nights - sunset to sundown

2. Exception: Computation of age - each year based on birth anniversary 3. Policy if last day is a Sunday or Legal Holiday

Penal Laws (Art. 14)a) Applicability in the Philippines if committed hereb)Territoriality

1. Exceptions1. Public International Law (Diplomatic Immunity, etc)2. Treaty Stipulations

Civil Laws (Art. 15-17)General Rule: Nationality Principle a) Family Rights and Duties 2. Status 3. Condition4. Legal Capacity 2. Exceptions1. Property transactions (real or personal) – lex situs, 2. Exception to Exception: National Law of Decedent

1. Order of successional rights2. Amt of successional rights3. Intrinsic validity of testamentary provisions4. Capacity to succeed

3. Art. 26, par. 2 FC4. Lex Loci Celebrationis

i. Exception: Intrinsic validity and Art. 26, par. 1 FC3. Renvoi Doctrine

Art. 18

Suppletory application of Civil Code in matters governed by special law

II. Human Relations (19-36)

Art. 19-211) Doctrine of Abuse of Right

Requisites2) Doctrine of Volenti non fit Injuria

3)Damnum Absque Injuria4) Acts Contra Bonus Mores 5) Breach of Promise to Marry

Unjust Enrichment (Art. 22)

1. Accion in rem verso

Respect for Other’s Privacy, Personality, Etc. (Art. 26)

Independent Civil Actions 1. Breach of Constitutional and Other Rights - Art. 322. Defamation, Fraud, Physical Injuries – Art. 333. Refusal or failure of city ot municipal police to render protection – Art. 344. Quasi Delict or Culpa Aquilana – Art. 2176, 2177

Prejudicial Question (Art. 36)1. General Rule: Criminal Case takes precedence2. Exception: Sec. 1, Rule 111, Rules of Court3. Application to civil, criminal, administrative cases

III. Persons (Art. 37-51)

1. Juridical Capacity vs. Capacity to Acta. Restrictions/Limitations and Modifications on Capacity to Act

2. Natural Personsa. Beginning and End of Personality

i. When child considered bornb. Theory of General Capacities

3. R.A. 68094. Juridical Persons

a. How Created/ Terminatedb. Theory of Special Capacities

5. Rules on Survivorship6. Domicile vs. Residence

Republic Act No. 6809

THE FAMILY CODE

Title I. MarriageChapter 1 Requisites of Marriage

1. Definition (Art. 1)a. Special Contract vs. Ordinary Contract

2. Requirements (Art. 2-6)a. Essential

i. Legal Capacity1. Sex2. Age

a. 18-21 requires parental consent: voidable if noneb. 21-25 parental advice: valid if none but issuance of marriage license

suspended for 3 monthsi. Effect if license issued before 3 months – mere irregularity

3. Absence of Impediments (Art.35(4),36-38,52-53)ii. Consent

b. Formalc. Effects

i. Absence of Essential or Formal: Void1. Exception: Art. 35(2)

ii. Defective Essential: Voidableiii. Irregular Formal: Valid but persons liable punished civilly, criminally or administratively

1. Exception: Voidable if no consent from parents, either or both of contracting parties at 18 or above but below 21

3. Authority of solemnizing officer (Art 7)a. Persons authorizedb. Exception: Either or both parties in good faith, person unauthorized to solemnize marriage Art.

35(2)4. Valid Marriages License

a. Art. 9, Art. 10, Art. 20

Chapter 2-Marriages Exempt from Marriage License (Art. 27-34) a. No Good faith exception

b. When either or both parties are foreign citizens, Stateless persons or refugees (Art. 21)

5. Marriage Ceremonya. No particular form prescribedb. Minimum requirements:

i. Appear before Solemnizing officer1. Proxy Marriage

ii. Declaration that they take each other as husband and wifeiii. Presence of at least 2 witnesses of legal age

1. Absence merely an irregularity

6. Non-Essential/Non-Formal Requirementsa. Marriage Certificate – best evidenceb. Venue of Marriage (Art. 8)

i. Directory, not affect validity of marriage7. Foreign Marriage

a. General Rule: Where one or both parties to the marriage are citizens of the Philippines, the foreign marriage is valid in this country if solemnized in accordance with the laws of the country of celebration

b. Exceptions:i. contracted by a national who is below 18 years of age

ii. bigamous or polygamous (except as provided in Art. 41, FC)iii. contracted through mistake of one party as to the identity of the otheriv. contracted following the annulment or declaration of nullity of a previous marriage but

before partitionv. void due to psychological incapacity

vi. incestuous vii. void for reasons of public policy

c. Divorce (Art. 26(2))i. Requisites

1. Valid marriage between Filipino citizen and foreigner2. Valid divorce obtained by alien spouse capacitating him/her to remarry

Chapter 3- Void and Voidable Marriages

Void Marriage

1. Where any party is below 18, even with consent of parents/guardians (Art. 35(1))2. Absence of authority of person who solemnized the marriage (Art. 35(2))

a. Exception: Any or both of parties in good faith3. Absence of Marriage License

a. Exceptions: Art 27-344. Bigamous or Polygamous (Art. 35(4))

a. Presumptive Death (Art. 41)i. Effect of Reappearance of Absent Spouse

5. Mistake in (Physical) Identity (Art. 35(5))6. Void Subsequent Marriage

a. Without judicial declaration of nullity of previous void marriage (Art. 40)b. Without judicial declaration of presumptive death of absent spouse (Art. 41)c. Where the absent spouse was presumed dead, and both the present spouse and would–be spouse

were in bad faith in contracting marriage (Art. 44)d. Failure to record in the civil registry and registry of property the judgment of annulment or of

absolute nullity of the marriage, partition and distribution of the property of the spouses and the delivery of the children’s presumptive legitimes (Arts. 52–53)

e. Effect of Termination of Subsequent Marriage (Art. 43)i. Children of the subsequent marriage conceived prior to its termination shall be

considered legitimate;ii. Dissolution & liquidation of the absolute community or conjugal partnership. If either

spouse acted in bad faith, his share in the net profits shall be forfeited:1. In favor of the common children;2. If none, in favor of the children of the guilty spouse by previous marriage; or3. In default of children, in favor of the innocent spouse;

iii. Donations by reason of marriage remain valid except if the donee contracted the marriage in bad faith;

iv. The innocent spouse may revoke the designation of the spouse in bad faith as the beneficiary in any insurance policy; and

v. The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate or intestate succession

7. Psychological Incapacitya. Elementsb. Molina Doctrine

8. Incestuous (Art. 37)a. Between ascendants and descendants of any degreeb. Between brothers and sisters whether of the full or half blood

9. Void for Reasons of Public Policya. Collateral blood relatives whether legitimate or illegitimate up to the 4th civil degree b. Step–parents & step childrenc. Parents–in–law & children–in–lawd. The adopting parent & the adopted childe. The surviving spouse of the adopting parent & the adopted childf. The surviving spouse of the adopted child & the adopterg. Adopted child & a legitimate child of the adopterh. Adopted children of the same adopteri. Parties where one, with the intention to marry the other, killed the latter’s spouse, or his/her

spouse.j. There is no need for conviction in a criminal case of the guilty party. The fact of killing committed

by one of the parties to the marriage can be proved in a civil case

Voidable Marriage

1. Grounds: Must exist at time of Marriage (Art. 45)a. 18 or over but below 21 without consent of parents or guardian

b. Either party unsound mindc. Consent obtained by Fraud

i. Nin-disclosure of previous conviction by final judgment – crime involving moral turpitude

ii. Wife Concealed pregnancy by another at time of marriageiii. Concealment of STD existing at time of marriageiv. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism at

time of marriaged. Consent obtained by force, intimidation or undue influencee. Either physically incapable of consummating marriage, incapacity continues and appears to be

incurablei. Doctrine of Triennial Cohabitation

f. Either party afflicted with serious STD which appears to be incurable2. Persons who may file action for annulment, Period for filing

a. Parents/Guardian who did not give consent before party reaches 21b. Party within 5 years from majority unless freely cohabitedc. During the lifetime, either party or any relative or person having legal charged. Within 5 years from discovery by injured party unless thereafter freely cohabitede. Within 5 years after force, intimidation or undue influence ceased by the injured party unless

thereafter freely cohabitedf. Injured party within 5 years from marriage for STD and or incapacity to consummate marriage

3. Role of Prosecuting Attorney/ Public Prosecutor4. Effect of Termination of Marriage

a. Childreni. Status

ii. Custodyiii. Support (Spouse, child)iv. Presumptive Legitimev. Property Relation

vi. Liquidation of Community of Propertyvii. Testate or Intestate Succession

viii. Insurance Policy ix. Donation Propter Nuptias

Title 2 Legal Separation

1. Grounds (Art. 55)a. Effects of Filing Petitionb. Cooling-off Period (Art. 58)

2. Grounds for Denial of Petition (Art. 56)3. Period for filing (Art. 57)4. Effects of Decree of Legal Separation5. Effects of Reconciliation

Title 3- Rights and Obligations Between Husband and Wife (Art 68-73)

1. Live Together2. Mutual Love, Respect, and Fidelity3. Mutual Help and Support

Title 4. Property Relations Between Husband and Wife (Art 74-81)

1. Marriage Settlementa. Requisitesb. Modifications: Must be made before marriage

i. Exception: Judicial Separation of Property During Marriage (Art. 76)2. Absence of Marriage Settlement, Joint Administration (Art. 96, Art. 124(1))

a. General Rule: Property Relation governed by Phil Laws (Art. 80)b. Exception:

i. Both spouses aliensii. As to extrinsic validity of Contracts

1. Not situated and executed in the Philippines2. Situated in the foreign country but not executed in the Philippines

iii. Contrary Stipulation3. In case pf Disagreement, Husband’s Decision Prevails

a. Wife – relief from courts within 5 years from transaction4. Incapacity of Spouse or cannot provide for joint administration – Assumption of Sole Administration (Art.

96, 124(2))5. Transfer of Administration (Art. 142)6. Administration vs. Acts of Ownership7. Management of Household8. Failure to Comply with Obligation (Art. 101, 128)9. Donations By Reason of Marriage

a. Requisitesb. Distinguished from ordinary donation

10. Donation Between Spouses during the marriage11. Grounds for Revocation

Property Relations Governed By1. Marriage Settlement2. By provisions of the Code3. By Local Customs

Absolute Community of Property

1. General Rule: consist of all property owned by the spouses at the time of the marriage or acquired thereafter (Art. 91)

2. Exceptionsa. property acquired before the marriage by either spouse who has legitimate descendants by a

former marriageb. property for personal and exclusive use except jewelryc. property acquired during the marriage by gratuitous title, except when the donor, testator or

grantor expressly provides otherwise (Art. 92)3. Administration and Disposition4. Rule on Game of Chance5. Remedies of Present Spouse in case of Abandonment6. Charges upon and Obligations7. Liquidation (Art. 102)8. Grounds for Termination (Art. 99)

Conjugal Partnership of Gains

1. Properties under Conjugal Partnership of Gains2. Exclusive Property of Each Spouse (Art. 109)3. Rule in case of Improvement of Exclusive Proeprty

a. Accessionb. Reverse Accession

4. Charges Upon and Obligations5. Liquidation

Separation of Property

1. Marriage Settlement (Art. 134)2. Judicial Order

a. Causesb. Effects

Union Without Marriage

1. Art. 147 and 148a. Applicabilityb. Salaries and Wagesc. Property Acquired Exclusively By other Partyd. Property Acquired by Bothe. Presumption

Title 5-The Family

1. Family Relation2. Mandatory Prior Recourse to Compromise (Art. 151, NCC)

a. Exceptions3. Family Home

a. General Rule: Exempt from executionsb. Exceptionsc.

Title 6- Paternity and FiliationTitle 7- AdoptionLegitimate Children

1. General Rule: Conceived or born during a valid marriage2. Exceptions

a. Artificial Inseminationb. Born of voidable marriage before decree of annulmentc. Conceived or born before judgment of nullity under Art. 36 has become final and executoryd. Conceived or born of Subsequent marriage under Art. 53e. Conceived or born of mothers who might have declared against legitimacy or sentenced as

adultressf. Legally adoptedg. Legitimated

3. Rules on Impugning Legitimacya. Generally instituted only by husbandb. Prescriptive periodc. Exception: Heirs may file

1. Husband dies before period expires (have the remainder)2. Posthumous birth (full period)3. Continue case instituted by husband

d. Grounds4. Actions to claim Legitimate/ Illegitimate Status

a. Who can claimb. Proof of Filiation

5. Adoptiona. Domestic Adoption Actb. Inter-country Adoption

Title 8- Support

1. Basis: Financial Capacity of Giver, Needs of Recipienta. Not based on parental authority, hence hoes not terminate with emancipation

2. Coveragea. Substanceb. Dwellingc. Clothingd. Medical Attendancee. Educationf. Transportation

3. Kindsa. Legalb. Judicialc. Conventional

4. Characteristicsa. Personalb. In transmissiblec. Not subject to waiver or compensationd. Exempt from attachment or executione. Reciprocalf. Provisional Character of Support Judgmentg. Mandatory

5. Persons Obliged to Support each other (Art. 195)6. Order of Liability if Several Persons Obliged to give Support (Art. 199)

Title 9- Parental Authority

1. General Rule: Exercised Jointly2. Exceptions:

a. Judicial Order to the Contraryb. Illegitimate Childc. Parental Preference Ruled. Rule in case of Legal Separation

3. Persons exercising Substitute Parental Authority (Art. 216)4. Persons exercising Special Parental Authority (Art. 218)5. Kinds of Properties of a Minor

a. Adventitiousb. Profectitious

6. Grounds for Suspension of Parental Authoritya. Emancipationb. Death c. Adoption d. Appointment of another as general guardiane. Judicial Declaration of Abandonmentf. Final Judgment Divesting Parental Authority

i. Excessive harshnessii. Corrupting orders

iii. Compelling child to begiv. Rapev. Acts of lasciviousness

vi. Judicial declaration of incapacityg. Permanent/ Temporary

Title 10- Emancipation and Age of Majority

Title 11- Summary Judicial Proceedings in the Family Law

1. Reaching 18 years of Age2. RA 6809

Change of First Name or Nickname

1. RA 90482. Grounds

Title 13- Use of Surname

1. Reason for interest of Statea. Prevent confusion of identityb. Prevent use of name for illegal purposes

2. Legal Name – What appears in Birth Certificate3. Change – Rule 103, Rules of Court

a. Court Approvalb. Grounds

i. Ridiculous, Dishonorableii. Extreme Difficultt to Pronounce

iii. Adoption of Filipino name to remove traces of alienageiv. Legal cause – adoption, etc

4. Rules on what to usea. Legitimate or legitimated childrenb. Illegitimate childrenc. Adopted childd. Married women

i. May retain maiden name1. May not do so if has been using husband’s surname for a long time

e. Marriage Annulledi. Wife guilty

ii. Wife Innocentf. Legal Separationg. Death of Husbandh. Persons with same namesi. Usurpation of another’s name

Citizenship and Domicile

1. Distrinction2. Elements of Domicile3. Kinds of Domicile4. Requirements for Acquisiton of New Domicile

Funerals

1. Duty and right to make arrangement about funerals is in accordance with right and Duty to support under Article 199, FC

2. the funeral shall be in keeping with the social position of the deceased3. the funeral shall be in accordance with the expressed wishes of the deceased

i. in the absence of the expressed wishes, his religious beliefs or affiliation shall determine

ii. in case of doubt, the persons in Article 199, FC shall decide5. any person who disrespects the dead or allows the same shall be liable for damages

If the deceased is married, the tombstone or mausoleum is deemed a part of the funeral expense and chargeable against the community or conjugal partnership property

Titlee 14- Absence

1. Provisional Abesence2. Declaration of Absence3. Presumption of Death4. Reappearance of absentee

a. Effect on subsequent marriage of spouse presentb. Effect on Properties

Title 16- Civil Registrer (Art 407-413)

1)Civil Registrer (Art 407)2)Duty of Clerk of Court (Art 409)3)Civil Responsibility of Registrar (Art 411)