Sta Maria Reviewer
Sta Maria Reviewer
Maria)
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Added Info:
Covered Under this Rule:
- Presidential decrees and
executive orders by the
president in exercise of
his legislative powers.
- Administrative rules and
regulations if their
purpose is to enforce or
implement existing law
pursuant to a valid
delegation.
- City charter must be
published even if it is only
applicable to a portion of
national territory
* Interpretative regulation and
those internal in nature need not
be published.
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Administrative or executive acts are valid only when they are not
contrary to laws or the Constitution
REPEAL: legislative act of abolishing a previous statute through a new
law
- Where a portion of a statute is rendered unconstitutional and
part is valid the arts may be separated if they can stand
independently of one another.
Art. 8: Judicial decisions form
case laws
Art. 9: Responsibility of the
courts
Art. 10: It is presumed that the
lawmaking body intended right
and justice to prevail
Art. 11: Customs
Art. 12: Customs must be
proved accdg. to the rules of
evidence.
Art. 13: Years, days, months
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Exception:
Foreigners who are immune from
suit and thus cannot be charged
(diplomatic agents)
Thus a Filipino cannot get a
divorce even if he or she goes
abroad, since divorce is not
recognized in the Philippines
Property
HUMAN RELATIONS
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It is the courts duty to render justice and give protection on account of those
who are disadvantage due to moral dependence, ignorance, indigence
(poverty), mental weakness, tender age or other handicap.
The courts at the instance of the government or any private charitable institution
can order one to stop extreme spending during times of emergency.
Ex. There is a gasoline scarcity and a rich man buys tons and tons of gasoline
to power his private amusement park. the court may order him to seize such at
the instance of the government or charitable institution to prevent such in times
of emergency.
- Meant to enforce the right of one to his privacy in ones own home, religious
freedom, prevent moral suffering, vexation, humiliation,
- One may file an action for damages against the officer who does not perform
his official duty without just cause.
- A public officer who commits a tort or other wrongful act is still liable to the
victim.
- Necessary to promote a system of free enterprise and a fair chance for others
to engage in business and earn a living.
- If in a criminal case, the accused is not proven guilty beyond reasonable doubt
a civil action may be made and the degree of proof necessary is only a
preponderance of evidence which means that more evidence is adduced to
prove the guilt of the accused compared to that to defend him.
- A civil obligation arising from a criminal offense only needs a preponderance
of evidence as the quantum of proof,
- Usually a criminal proceeding, if commenced, must be terminated
before a civil proceeding can begin. If a civil proceeding has begun and
later on a criminal proceeding is filed, the civil proceeding is put on hold
until the criminal proceeding has finished.
However when the civil obligation is separate from the crime
committed it may proceed independently of the criminal proceeding.
- Certain injuries do not arise from the commission of a crime.
Ex. A bus driver crashes the bus because he is drunk. The civil action here is
based from the breach of the contractual obligation of all common carriers to
take extra diligence in driving his passengers. The criminal action here is based
on the drivers criminal negligence. The first is governed by the civil code and
the second is from the Revised Penal Code.
- Necessary to have an absolute separate and independent civil action for the
violation of civil liberties for the effective maintenance of democracy.
- Principle is to allow the citizen to enforce his rights regardless of State action
so that citizens will not depend upon the government for the vindication of their
own private rights.
- Includes fraud, defamation, physical injuries and are understood in their
ordinary sense.
*Criminal negligence
(reckless imprudence) is not
included in this article, thus
an independent action for
such cannot be made
independently from the
criminal prosecution.
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An accessory penalty for the commission of an offense, which deprives the offender during the time of his sentence the rights of parental authority, or
guardianship, right to manage his property and the right to dispose of such property by any act.
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considered conceived.
Art. 42: Civil personality
extinguished at death
JURIDICAL PERSONS
Art. 44: Who are juridical
persons
Art. 45: What governs juridical
persons
Art. 46: Rights and obligations
of juridical persons
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womb for less than 7 months it is not deemed born if it dies within 24
hours it is delivered form the womb.
Death puts an end to civil personality
Dead person continues to have personality only through contract, will,
or as determined by law. Creditors can still claim from the estate of
the deceased any obligation due to them.
No human body shall be buried unless the proper death certificate has
been presented and recorded however during an epidemic bodies may
be buried provided that the death certificate be secured within 5 days
after the burial.
Applies to persons who are called to succeed each other like mother
and child. (Necessary to determine the amount of inheritance one is to
receive, transmission of rights, etc.)
If there is no proof as to who died first, they are presumed to have died
at the same time and thus no transmission of rights from one to the
other.
Proof of death cannot be established from mere inference or
presumptions. It must be established by clear positive evidence.
be pierced, thus making the shareholders and members liable, when the fiction
is used to defeat public convenience, justify wrong, protect fraud, defend crime,
perpetrate deception, etc.
*State and political subdivisions, other corporations, institutions, and entities for
public interest or purpose are governed by the laws creating them.
*Private corporations are regulated by laws of general application on the subject
*Partnerships are governed by the provisions of this Code concerning
partnerships
*Juridical persons may acquire and possess property of all kinds and incur
obligations in conformity with the laws and regulations of their organization.
- Upon the dissolution of such entities mentioned above, their properties
and other assets should be disposed of in pursuance of law or the
charter creating it.
- If there is nothing in the law, it shall be applied for a similar purpose for
the benefit of the region/province/city it is in.
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THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3, 1988 signed by President Corazon Aquino (Executive Order 209)
REQUISITES OF MARRIAGE:
Article
Summary of Annotation
Additional
Info/Exceptions/Connected
with:
Art. 1: Marriage is a special contract of permanent
Nature of Marriage:
*Marriage as a special
union between a man and a woman entered into in
-Marriage is one of the basic civil rights of man. The
contract cannot be restricted
accordance with the law for the establishment of
freedom to marry has been recognized as a vital
by discriminatory policies of
conjugal and family life.
personal right towards the pursuit of mans happiness.
private individuals or
It is the foundation of the family and an inviolable
-Still considered as a special civil contract regulated by
corporations.
social institution whose nature, consequences, and
law due to the high state interest in protecting and
incidents are governed by law and not subject to
safeguarding the family.
MAIL-ORDER BRIDE:
stipulation, except that marriage settlements may fix
-A contract to marry, unlike other contracts, cannot be
considered as a criminal
the property relations during the marriage within the
modified or changed. Once it is executed a relation is
offense because marriage is
limits provided by the code.
formed between the parties that cannot be altered. The
vested with public interest.
law steps in to hold or bind the parties together.
(Connected with the Anti-A subsequent marriage between the rapist and raped
Trafficking Act)
victim extinguishes the criminal action or penalty of the
Acts punished:
rapist. In case of marital rape2
1. Carry on such a business
2. To advertise the promotion
Marriage Status: Marriage creates a social status,
of such acts.
which the state is interested in protecting. It is a case
3. Solicit or attract or any
where a double status is created, involves and affects
Filipino woman to become a
two persons.
member in a club that
matches women for marriage
Marriage in International Law: men and women of full
to foreign nationals for a fee.
age without any limitation due to race, nationality or
4. Use the postal service to
religion have the right to marry and found a family.
promote the prohibited acts.
1. Universal Declaration of Human Rights
2. International Covenant on Economic, Social and
VALIDITY OF MARRIAGE:
Cultural Rights
governed by the law effective
3. International Covenant on Civil and Political Rights.
at the time of the celebration
of the marriage.
2
Marital rape is now considered a crime wherein the legal husband is the offender and the wife is the victim. Prior to this marital rape was not considered a crime
because it was considered the right of the husband to have sexual intercourse with his wife whenever he pleased.
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CONSENT:
1. Must be freely given
2. Made in the presence of the solemnizing officer
- Absence of consent makes the marriage void.
However if there is consent but such was
obtained through force, fraud, undue influence,
etc then it is only voidable.
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- Emancipation is obtained at
18; marriage no longer
emancipates a child because
they must be 18 years of age
to marry.
- Contracting parties 18 years
old and above but BELOW 21
years of age must obtain the
consent of their father,
mother, surviving parent, or
guardian in the order
mentioned. (Non-compliance
makes the marriage
annullable)
The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties
appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said
parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon
their personally appearing before him, be convinced that either or both of them have the required age.
Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required to
furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of
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the deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or
declaration of nullity of his or her previous marriage.
In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance
and his or her actual civil status and the name and date of death of the deceased spouse.
Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage,
are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding
articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or
guardian, or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in
writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an
affidavit made in the presence of two witnesses and attested before any official authorized by law to administer
oaths. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if
one is executed instead, shall be attached to said applications.
Art. 15: Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents
or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the
marriage license shall not be issued till after three months following the completion of the publication of the
application therefore. A sworn statement by the contracting parties to the effect that such advice has been
sought, together with the written advice given, if any, shall be attached to the application for marriage license.
Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement.
Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in
addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister
authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the
proper government agency to the effect that the contracting parties have undergone marriage counseling. Failure
to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period
of three months from the completion of the publication of the application. Issuance of the marriage license within
the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of
the marriage.
Should only one of the contracting parties need parental consent or parental advice, the other party must be
present at the counseling referred to in the preceding paragraph
Art. 17: The local civil registrar shall prepare a notice,
- It is the duty of the civil registrar to post a notice
which shall contain the full names and residences of
informing the public of the impending marriage. The
the applicants for a marriage license and other data
purpose of which is so that persons having knowledge
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EXCEPTIONS:
1. The courts direct civil
registry to refuse
giving out the license
2. When the requited
certificate of legal
capacity of foreigners
is not given (Art. 21)
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Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the
original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the
certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the marriage
was solemnized. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting
copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the
marriage certificate, the copy of the marriage certificate, the original of the marriage license and, in proper cases,
the affidavit of the contracting party regarding the solemnization of the marriage in place other than those
mentioned in Article 8.
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4. Baptismal, birth
certificates of kids
5. Judicial decisions
6. Testimonies of
parties, witness,
solemnizing officers
7. Cohabitation and
conduct
8. Statement in a will
* A certificate of marriage
made years after the marriage
is inadmissible as evidence.
EXCEPTIONS to international
comity:
-Either or both contracting
parties are Filipinos and
below 18 years of age
-Polygamous and bigamous
marriages recognized abroad
will not be valid here.
-Marriage abroad where there
is mistake of identity of the
other contracting party is not
recognized here.
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MARRIAGES VOID AB INITIO: Not valid from its inception. No rights can flow from it and can never be ratified. (Judicial declaration of nullity).
Art. 35: The following marriages shall be void from the Article 2, 3, 4: when all the essential and formal requisites of a marriage are absent
beginning:
- Only marriages declared by the legislature, as void should be treated as such.
(1) Those contracted by any party below eighteen
There can be no other void marriage except those provided by law.
years of age even with the consent of parents or
guardians;
Void Marriage
Voidable
(2) Those solemnized by any person not legally
Cant be a source of rights
Can be source of rights
authorized to perform marriages unless such
Cant be ratified
Ratified by prescription or
marriages were contracted with either or both parties
cohabitation
believing in good faith that the solemnizing officer had
Can be attacked collaterally.
Can only be attacked directly
the legal authority to do so;
Can be questioned after death Only assailed during lifetime
(3) Those solemnized without license, except those
of parties
of parties
covered the preceding Chapter;
Action for nullity has no
Action prescribes
(4) Those bigamous or polygamous marriages not
prescription
failing under Article 41;
- Estoppel or acquiescence does not apply to remedy the infirmity of a void
(5) Those contracted through mistake of one
marriage. Thus if one of the parties stated under oath that they were 25 when
contracting party as to the identity of the other; and
they were actually 16 the marriage is void despite the oath.
(6) Those subsequent marriages that are void under
- Good faith and bad faith generally is immaterial in void marriages except: when
Article 53.
either of the parties believed in good faith that the solemnizing officer had the
authority to solemnize the marriage when in fact he had none. Second, in case
the spouse disappears for 4 years or 2 years in proper cases the present spouse
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may marry again if there is a judicial declaration of presumptive death and at the
time of the celebration of marriage either spouse is in good faith that the absent
spouse is still absent.
Ex. W is married to H and W disappears for 4 years and is judicially declared
presumptively dead. H later on is to marry W2. W2 however sees W the day
before the wedding but does not tell H. As long as H is in good faith and does not
know of the presence of W the marriage will still be valid.
- Generally evidence other than a judicial declaration of nullity can be presented
except (direct attack needed) for purposes of remarriage, validity of marriage is
essential to the determination of the case, and when a donor desires to revoke a
donation propter nuptias.
BELOW 18 YEARS OF AGE: not capacitated to marry even if with parental consent.
History: 14 male, 12 female: minimum age for effective procreation
16 male, 14 female: Maturity and responsibility were taken into consideration.
Gender Roles: ability of men to provide and ability of women to care for the
household.
18 for both: No significant difference in terms of maturity of male and female.
Science shows below 18 leads to unsafe pregnancies.
NON-AUTHORITY OF SOLEMNIZER:
Exception: If EITHER or both of the contracting parties believed in good faith that he had
such authority. The good faith of the party is what is referred to not the solemnizing
officer.
- Unless it was ignorance of the law then the marriage will be void. The person must be
one of the people in Article 7 thus if a couple is married by a janitor, them believing that a
janitor can celebrate a marriage, the marriage will be void.
Exception: Marriage was done abroad and such officer is valid in that country
BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married men or women from
contracting a subsequent marriage when their consort is still alive.
Exception:
- That mentioned in Article 41 regarding appearance of a spouse after a
declaration of presumptive death.
- Those provided for under the Muslim code.
- When the first marriage was actually void with a judicial declaration of nullity.
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Without judicial declaration of nullity then 2nd marriage will be void under Article
40.
MISTAKE IN IDENTITY: An instance of fraud, which is a ground for the nullity of the
marriage. Here the contracting party absolutely did not intend to marry the other, as the
same is not the person he or she actually knew before the marriage.
Does not include: mistake in name, character of person, attributes, age, social standing,
religion, pedigree, pecuniary means, temperaments, acquirements, condition in life,
previous habit.
VOID UNDER ARTICLE 53: Marriages that have annulled or declared null and void must
undertake the liquidation, partition and distribution of their properties, delivery of
presumptive legitimes, etc. to be able to remarry.
Psychological incapacity to comply with the essential
P.I.
Insanity
marital obligation of marriage at the time of marriage,
Cannot be
Can be
even if it becomes manifest after the solemnization of
cured
cured
the marriage.
No consent
Consent can
- Not defined and thus left on a court-to-court
present
be given
basis. A person may actually be efficient in
since he
during lucid
doing other things such as his profession but
does not
interval
with regards to his married life it can be
know the
different.
true meaning
- Not just stubborn refusal but attributed to
of marriage
psychological causes (not necessarily insane)
- Lacking in the exercise of the judgment not
PROOF to show P.I.:
lack of judgment
1. Observe of duties
- True inability to commit oneself to the
(living together, etc.)
essentials of marriage psychosexual
2. Procreation
disorders or other personality disorders
3. Obligation of parents
- Inability to commit to the essentials of marriage
to children.
procreation, education of offspring,
4. Senseless and
community of life and love
protracted refusal to
have intercourse
Must be characterized by:
5. Unreasonable
1. Gravity- grave or serious
attachment to ones
2. Juridical antecedence rooted in history of the
other family or barkada
party and may manifest after the marriage.
6. Transvestism
3. Incurability
7. Indulgence of private
fantasy
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Article 68: husband and wife are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support. Article 69: Husband and wife shall fix the
domicile and in case of disagreement the court shall decide. Article 70: spouses are jointly responsible for the support of the family and the expenses for such support and other
conjugal obligations shall be paid from community property, income or fruits of separate property, or separate property. Article 71: management of household shall be right and duty of
both spouses.
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Adopted
Parents of adopter
Illegitimate child of the adopter
Other relatives
Spouse of adopter if alive and not married
to adopter
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In relation to:
Art. 52: The judgment of annulment or of absolute
nullity of the marriage, the partition and distribution of
the properties of the spouses and the delivery of the
children's presumptive legitimes shall be recorded in
the appropriate civil registry and registries of property;
otherwise, the same shall not affect third persons.
Art. 53: Either of the former spouses may marry again
after compliance with the requirements of the
immediately preceding Article; otherwise, the
subsequent marriage shall be null and void.
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VOIDABLE MARRIAGES: valid up to the point when they are annulled. These are the only grounds, which can be considered for annulment
(exclusive).
Article
Annotation
Exception/ Filing:
Article 45: Must exist at the time of
- The parents of the child can annul the
Party to file suit: Parent or guardian before the
marriage
marriage at any time prior to the time the child
child reaches 21 and the party who did not
1. That the party in whose behalf it is sought to reaches the age of 21.
obtain consent within 5 years after reaching
have the marriage annulled was eighteen
21.
years of age or over but below twenty-one, and Ratification: Through cohabitation after
the marriage was solemnized without the
reaching the age of 21 years old.
consent of the parents, guardian or person
having substitute parental authority over the
party, in that order, unless after attaining the
age of twenty-one, such party freely cohabited
with the other and both lived together as
husband and wife
2. That either party was of unsound mind,
- Must be clear that illness is serious that
* If the spouse knew that the spouse was
unless such party after coming to reason,
cannot understand marriage contract at the
insane prior to the celebration of the marriage
freely cohabited with the other as husband and time of the marriage.
she cannot annul the marriage.
wife
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NO RATIFICATION by cohabitation
Rule of triennial cohabitation: presumption of
impotence arises when wife remains a virgin
after 3 years from the time of marriage.
6. That either party was afflicted with a
sexually-transmissible disease found to be
serious and appears to be incurable
Art. 48: In all cases of annulment or
declaration of absolute nullity of marriage, the
Court shall order the prosecuting attorney or
fiscal assigned to it to appear on behalf of the
State to take steps to prevent collusion
between the parties and to take care that
evidence is not fabricated or suppressed
In the cases referred to in the preceding
paragraph, no judgment shall be based upon a
stipulation of facts or confession of judgment
Art. 49: During the pendency of the action and
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No ratification by cohabitation
-
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LEGAL SEPARATION: Does not affect the marital status of the couple, merely a separation of bed and board. (Exclusive list)
Violence Against Women and Children (VAWC RA 9262): includes spouse, girlfriends, and even one-night stands (level of intimacy). Men can file
on behalf of children. Many articles of VAWC encompass legal separation and if this is so the required cooling off period is no longer necessary.
Included as part of VAWC such as corruption (#3) included as violence, even psychological violence (bigamy, sexual infidelity).
- The children included in VAWC are those under the care of the women even those of the respondents child from a previous marriage.
Article 55: Happens after marriage ceremony
Physical violence here is measured not by the
* Does not include a ground for legal
1. Repeated physical violence or grossly
severity but by the frequency. However if it is
separation when the respondent-spouse inflicts
abusive conduct directed against the
not repeated or is not physical violence it may
violence on his/her own child from a previous
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Art. 61: After the filing of the petition for legal separation,
the spouses shall be entitled to live separately from each
other
The court, in the absence of a written agreement between
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solidarity of family.
Art. 70: The spouses are jointly responsible
for the support of the family. The expenses for
such support and other conjugal obligations
shall be paid from the community property
and, in the absence thereof, from the income
or fruits of their separate properties. In case of
insufficiency or absence of said income or
fruits, such obligations shall be satisfied from
the separate properties.
Art. 71: The management of the household
shall be the right and the duty of both spouses.
The expenses for such management shall be
paid in accordance with the provisions of
Article 70.
Art. 72: When one of the spouses neglects his
or her duties to the conjugal union or commits
acts which tend to bring danger, dishonor or
injury to the other or to the family, the
aggrieved party may apply to the court for
relief.
Art. 73: Either spouse may exercise any
legitimate profession, occupation, business or
activity without the consent of the other. The
latter may object only on valid, serious, and
moral grounds.
In case of disagreement, the court shall decide
whether or not:
1. The objection is proper; and
2. Benefit has occurred to the family prior to
the objection or thereafter. If the benefit
accrued prior to the objection, the resulting
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PROPERTY RELATIONS
Art. 74: The property relationship between
husband and wife shall be governed in the
following order:
1. By marriage settlements executed before
the marriage;
2. By the provisions of this Code; and
3. By the local custom.
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GENERAL RULE:
1. Obligations incurred before or after the
marriage but redounding to the benefit
of the family shall be charged to the
conjugal properties
2. Spouses job redounds to the benefit
of the family thus obligations can be
satisfied from the conjugal property.
3. If the benefit accrued prior to the
objection, the resulting obligation shall
be enforced against the separate
property of the spouse who has not
obtained consent.
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regime.
Those made by a person upon who a sentence
of civil interdiction is given
Those stipulated in marriage settlement or
contracts made in consideration of marriage
(donations) will be void if marriage does not
take place
Article 80
Article 81
Effects on creditors
Marriage settlements
No marriage settlements:
Absolute community of
property.
DONATIONS
Art. 82: Donations by reason of marriage are
those, which are made before its celebration, in
consideration of the same, and in favor of one
or both of the future spouses.
Art. 83: These donations are governed by the
rules on ordinary donations established in Title
III of Book III of the Civil Code, insofar as they
are not modified by the following articles.
Art. 84: If the future spouses agree upon a
regime other than the absolute community of
property, they cannot donate to each other in
their marriage settlements more than one-fifth of
their present property. Any excess shall be
considered void.
Donations of future property shall be governed
by the provisions on testamentary succession
and the formalities of wills.
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Procedure--Movable:
1. Accepted personally or
representative
2. Made in lifetime of donor and
donee
3. Can be orally given as long as
with simultaneous delivery or
document representing right of
donated (if above 5000 then must
be in writing)
Procedure--Immovable:
1.must be in public document
2. Acceptance made in that
document or separate
3. Must be made in lifetime of
donor.
DONATIONS EXCLUDED:
1. Made in favor of the
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spouse
Prescription:
- 5 years from finality of decree.
4. When there is a resolutory cause and the
condition has been complied with
Prescription:
5 years from the happening of the resolutory condition.
6. Acts of ingratitude:
- Donee commits an offense against the person or
property of the donor, his wife, or children
- Donee imputes to the donor any criminal offense
involving moral turpitude unless it against the donee
- Donee unduly refuses to support donor when he is
legally or morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge of the
fact of ingratitude
- What constitutes a moderate gift depends on
the financial capacity of the donor.
- Under the last sentence of Art. 87it must be
shown that the donation was made at a time
when they were still living together as husband
and wife without the benefit of marriage.
- Validity of donation or transfer cannot be
challenged by anyone unless those that will be
affected by the donation.
RESERVA TRONCAL: the ascendant who inherits from
his descendant any property which the later may have
acquired by gratuitous title from another ascendant or
sibling is obliged to reserve such property for the benefit
of relatives within the 3rd degree and who belong to the
same line.
Ex. H is married to W and has a son S. H has a brother
B. H dies and donates to S his property. After which, S
dies without any heirs and thus the property goes to W.
If W dies the property does not go to her heir but to B so
that the property stays in the same line of the original
49
Property Regime
Absolute
community of
property
Art. 88: The
absolute
community of
property between
spouses shall
commence at the
precise moment
that the marriage is
celebrated. Any
stipulation, express
or implied, for the
commencement of
the community
regime at any other
time shall be void
(Default regime if
nothing stipulate
exception:
subsequent
marriage after
death will
automatically be
CSP if there was
no proper
liquidation of the
properties of the
previous marriage)
D. Sobrepea
What included
All properties
owned before and
after.
Art. 91: Unless
otherwise provided
in this Chapter or in
the marriage
settlements, the
community
property shall
consist of all the
property owned by
the spouses at the
time of the
celebration of the
marriage or
acquired thereafter.
Art. 93: Property
acquired during the
marriage is
presumed to
belong to the
community, unless
it is proved that it is
one of those
excluded
therefrom.
What excluded
Article 92:
1.provided in marriage
settlement
2. Personal and exclusive
use of either spouse
(except jewelry)
- However if exclusive
property is used to
purchase something else
such property becomes
part of ACP
1.Property acquired by
gratuitous title including
the fruits and income
UNLESS the guarantor
expressly said they will
form part of ACP
- Must be a valid donation
(cant be donation made
by one spouse to
another)
2.Property acquired by
either spouse who has
legitimate descendants
and the fruits of that
property
*Winnings from gambling
(losses borne by looser)
Notes
Art. 89: No waiver of rights,
shares and effects of the
absolute community of
property during the
marriage can be made
except in case of judicial
separation of property.
When the waiver takes
place upon a judicial
separation of property, or
after the marriage has been
dissolved or annulled, the
same shall appear in a
public instrument and shall
be recorded as provided in
Article 77. The creditors of
the spouse who made such
waiver may petition the
court to rescind the waiver
to the extent of the amount
sufficient to cover the
amount of their credits.
* No waiver of rights,
interests, shares, and
effects without judicial
separation or dissolution or
annulment of marriage
shall appear in a public
instrument (creditors may
rescind waiver up to extent
of the debt)
Charges
Article 94:
1. Support (spouses,
common & legitimate
children)
- Even beyond age of
majority
2. Debts & obligations
made by both,
administrator, or with
consent of other spouse
(even if did not redound)
3. D & O without consent
but redounded.
4. Expenses for
community property
(taxes, liens, charges)
5. Taxes & expenses for
preservation during
marriage of separate
property used by family
6. Expenses for selfimprovement or
profession.
7. Antenuptial debts
redounding to family
8. Donation made by both
spouses for children to
pursue vocation or selfimprovement
9. For illegitimate children,
fines for crimes/quasi
delict in case of
Liquidation process
Termination:
Art. 97: Either
spouse may dispose
by will of his or her
interest in the
community property.
Art. 98: Neither
spouse may donate
any community
property without the
consent of the other.
However, either
spouse may, without
the consent of the
other, make
moderate donations
from the community
property for charity or
on occasions of
family rejoicing or
family distress
Article 99:
1. Death
- Same proceeding
as settlement of
estate.
Spouse shall liquidate
property if no judicial
settlement
proceeding within 1
year. After 1 year
50
D. Sobrepea
insufficiency. (Advances)
10. Expenses for litigation
* Solidary liability does not
include ante-nuptial debts
not redounding, support of
illegitimate, liabilities thru
crime/delict.
Art. 95: Whatever may be
lost during the marriage in
any game of chance,
betting, sweepstakes, or
any other kind of
gambling, whether
permitted or prohibited by
law, shall be borne by the
loser and shall not be
charged to the community
but any winnings
therefrom shall form part
of the community property.
cannot may
encumbrance on
property.
2. Legal separation
4. Annulled or void
(governed by art. 147
& 148 except if void
under Article 40)
5. Judicial separation
of property
6. Reappearance of a
spouse presumed
dead.
Procedure:
Article 102:
1. Inventory (separate
and community)
2. D&O of ACP shall
be paid out, in case
of insufficiency
solidarily liable with
separate property.
3. Exclusive prop
delivered.
4. Net remainder of
ACP divided equally
unless different
proportion in
settlement or waiver.
5. Delivery of
presumptive
legitimates
6. Conjugal dwelling
with spouse with
most children
51
ACP
SEPARATION IN FACT:
Art. 100: The separation in fact between
husband and wife shall not affect the regime of
absolute community except that:
1.The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall
not have the right to be supported;
2.When the consent of one spouse to any
transaction of the other is required by law,
judicial authorization shall be obtained in a
summary proceeding;
3. In the absence of sufficient community
property, the separate property of both spouses
shall be solidarily liable for the support of the
family. The spouse present shall, upon proper
D. Sobrepea
52
ACP
Conjugal
Partnership of
Gains:
Art. 105: In case
the future spouses
agree in the
marriage
settlements that the
regime of conjugal
partnership gains
D. Sobrepea
Article 121:
1.support of spouse
common and legitimate
children
2.D&O by admin, both or
either spouse with consent
of other.
3.D&O without consent of
other but redounding.
4.expenses for conjugal prop
Termination:
Article 126:
1.Death
2.Legal Separation
3. Annulled or
declared void.
4.Judicial Separation
Article 127 and 128:
-Provisions on
53
D. Sobrepea
- Annuity: retirement
on an annuity
(received as a matter
of right)
-Pension: serious
previously rendered
for which full and
adequate
compensation was
not received at the
time.
Article 117:
1. Acquired by
onerous title using
common funds.
2. Obtained by labor
or industry or work
3. Fruits, natural,
industrial, or civil due
received during
marriage from
common prop
- Net fruits of
exclusive property
BUT personal
damages are not
conjugal.
4. Share in hidden
treasure
5. Fishing and
hunting
6. Excess livestock
(those brought in to
the marriage by one
will reimbursed
7. Acquired by
chance
3. Acquired by right of
redemption, barter,
exchange
- Even if money used
to redeem is conjugal
(reimbursement)
4. Bought with
exclusive money of
either spouse.
*Onerous donations
*Designated share in
donation
*Gratuity (amount
given by gobs for
previous work)
Art. 110: The spouses
retain the ownership,
possession,
administration and
enjoyment of their
exclusive properties.
Either spouse may,
during the marriage,
transfer the
administration of his or
her exclusive property
to the other by means
of a public instrument,
which shall be
recorded in the
registry of property of
the place the property
is located.
(taxes, liens)
5.taxes and expenses for
preservation of separate
property (no need for use)
6.expenses for spouse for
profession or selfimprovement.
7.Antenuptial debts
redounding to family.
8.donation of both for
children for profession or
self-improvement.
9.expenses of litigation
between spouses
Not to be paid by cpg:
Article 122:
-Payment of personal debts
contracted by the husband
or wife before or during the
marriage unless they
redounded to the benefit of
the family.
However, fines and
indemnities imposed support
of illegitimate children can
be paid by the assets
AFTER the payment of
obligations provided in Art.
121. But at the time of
liquidation the spouse who
used such funds will be
charged.
If charges are paid, and no
property or insufficient
CPG pays:
-Fines, debts before the
marriage
54
CPG
D. Sobrepea
-Support of illegitimate
*Subject to reimbursement
(ACP no need to pay out all
charges first)
Article 120
1.If improvement made by
cp is more than value of the
property, entire property will
be conjugal reimburse
spouse.
2. If amount is not more than
it will still be separate
property subject to
reimbursement to CPG.
(Ownership will vest upon
reimbursement)
article 103)
Art. 133: From the
common mass of
property support shall
be given to the
surviving spouse and
to the children during
the liquidation of the
inventoried property
and until what
belongs to them is
delivered; but from
this shall be deducted
that amount received
for support which
exceeds the fruits or
rents pertaining to
them.
55
CPG
D. Sobrepea
property.
The owner spouse can transfer administration of
the property not only to the other spouse but also
to any third person without the consent of the
other spouse.
Art. 111 is no longer necessary, as the age of
marriage is also the age of emancipation.
If the owner-spouse alienates his property the
administration by the other spouse over such
property will cease and the proceeds will go to
the owner.
The owner-spouse cannot revoke a judicially
approved administration by the other spouse of
his property by alienating it. Thus to alienate the
property he must get the consent of the
administrator-spouse or court approval.
56
CPG
Separation of
property
Art. 134: In the
absence of an
express declaration
D. Sobrepea
Revival:
Article 141:
1.termination of civil
interdiction
2.Absentee
57
in the marriage
settlements, the
separation of
property between
spouses during the
marriage shall not
take place except
by judicial order.
Such judicial
separation of
property may either
be voluntary or for
sufficient cause.
separation of property:
1. Civil interdiction
2. Absentee spouse
-2 years from last news about absentee, or 5
years if an administrator has been left.
3. Loss of parental authority decreed by
court (termination or deprivation not
mere suspension)
-Over legitimate or illegitimate child whether of
previous or present marriage
4. Abandonment or failure to comply with
his or her obligations
5. Abused power of administration
6. Separation in fact for at least 1 yr
(Can be stipulated
in MS which shall
govern and FC will
only be
supplementary in
nature, in the
absence therein it
cannot take place
during the marriage
except by judicial
order)
-May refer to
present or future
property or both
-May be partial or
total
-Those not agreed
as separate will be
ACP
Marriage without
unions (governs
void marriages)
D. Sobrepea
reappears
3.court satisfied that
administration will not
be again abused
4.Resumption of
common life with
other spouse
5.parental authority
restored
6.reconciliation of
those separated in
fact
7.For those who
voluntarily separated
property, agree to
revive former
property regime (but
after that cant
separate property
anymore)
- Art. 67 revival:
Agreement under
oath will state:
1.properties to be
contributed
2.those to be retained
as separate
3.names of known
creditors
Requisites:
1.Capacitated to marry each other
-Not capacitated: incestuous, against public policy, under
58
D. Sobrepea
59
void marriages)
Structure:
- Parties are co-owners of property acquired
during cohabitation only upon proof that each of
them made an actual contribution.
1. Salaries and wages are separately owned; if
either is married the salaries go to that marriage.
2. Property acquired by the money of one, belongs
to that person exclusively
3. Only properties acquired by both of them through
joint contribution will be owned by the in common
in proportion to what they gave (money, property,
or industry but cant be mere care and
maintenance of family/household). (Presumption
is that shares over property owned is equal
shares but can be rebutted through proof
showing otherwise.
4. If one of the parties is validly married, that
persons share in the co-ownership will accrue to
the marriage.
Bad faith: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants
3. Absence of descendants, innocent party
- If both are in bad faith they shall be considered as in
good faith and their shares shall go to them.
Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of insolvency
- Administration is joint by both spouses, husbands decision will prevail subject to recourse by the wife within 5 years from the contract
implementing the decision. Contract will be a continuing offer upon acceptance by other spouse or court order.
D. Sobrepea
60
D. Sobrepea
Exception to earnest
efforts:
- Earnest effort is not
required if included in the
suit between family
members is a stranger
not of the same family.
- Does not apply to
cases, which may not be
compromised.
- Does not apply to
settlement of estate
guardianship, custody of
children, and habeas
corpus
* Exemption from
execution is not absolute
as it is subject to certain
limitation such as
indebtedness in certain
instances (to be
discussed in the next
articles)
61
allowed by law.
Art. 154: The beneficiaries of a family home are:
1. The husband and wife, or an unmarried person who is
the head of a family; and
2. Their parents, ascendants, descendants, brothers
and sisters, whether the relationship be legitimate or
illegitimate, who are living in the family home and who
depend upon the head of the family for legal support
Art. 155: The family home shall be exempt from
execution, forced sale or attachment except:
1. For nonpayment of taxes;
2. For debts incurred prior to the constitution of the
family home;
3. For debts secured by mortgages on the premises
before or after such constitution; and
4. For debts due to laborers, mechanics, architects,
builders, material men and others who have rendered
service or furnished material for the construction of the
building.
Art. 156: The family home must be part of the properties
of the absolute community or the conjugal partnership,
or of the exclusive properties of either spouse with the
latter's consent. It may also be constituted by an
unmarried head of a family on his or her own property.
Nevertheless, property that is the subject of a
conditional sale on installments where ownership is
reserved by the vendor only to guarantee payment of
the purchase price may be constituted as a family home.
Art. 157: The actual value of the family home shall not
exceed, at the time of its constitution, the amount of the
three hundred thousand pesos in urban areas, and two
hundred thousand pesos in rural areas, or such
amounts as may hereafter be fixed by law.
In any event, if the value of the currency changes after
the adoption of this Code, the value most favorable for
the constitution of a family home shall be the basis of
evaluation.
D. Sobrepea
62
automatically constituted.
D. Sobrepea
63
ILLEGITIMATE
Children born or conceived outside a valid
marriage or in a void marriage unless
otherwise provided
NOTES
D. Sobrepea
64
D. Sobrepea
65
D. Sobrepea
should be accepted.
- Sexual intercourse is presumed between spouses during
their marriage.
IN CASE OF 2 MARRIAGES:
- If child is born within 180 days after the second
marriage and within 300 days after the termination
of the first marriage the child shall be considered to
have been conceived of the first marriage unless
other proof is given.
- If the child is born after 180 days after the second
marriage the child shall be considered to have
been conceived of the second marriage unless
other proof is given.
*But either way the child is still legitimate.
- If there is no subsequent marriage after 300 days after the
termination of the marriage there is no presumption and
thus convincing proof is necessary.
Prescription for impugning the legitimacy of the child
1. Within one year from the knowledge of the birth or
its recording if husband resides in city where birth
took place or recorded.
2. Within 2 years, if the husband lives elsewhere in
the Philippines.
3. Within 3 years, if he lives abroad
4. If the birth of the child has been concealed,
prescription will begin from the discovery or
knowledge of birth of child or the fact of registration
of the birth (whichever is earlier).
66
D. Sobrepea
67
D. Sobrepea
68
SUPPORT
Art. 194: Support comprises everything
indispensable for sustenance, dwelling, clothing,
medical attendance, education and
D. Sobrepea
69
D. Sobrepea
1. Spouses
2. Legitimate ascendant and descendants
3. Parents and their legitimate children and their
illegitimate/legitimate grandchildren
4. Parents and their illegitimate children and their
illegitimate/legitimate grandchildren
5. Legitimate brothers and sisters whether whole or
half blood
6. Brothers and sisters not legitimately related are
also obliged to support unless if he/she is of age
and is due to claimants fault or negligence no
support.
- A child inside a womb is already considered born thus
entitled to all benefits that accrue to him/her provided that
the child is born after.
70
D. Sobrepea
71
D. Sobrepea
Demanding support
Demandable from the time person who has the
right to receive it needs it (need for support is
not presumed, must be established).
No support given without judicial or
extrajudicial demand. (Made within the first 5
years of every month)
Demand is essential shows manifestation of
needs.
72
PARENTAL AUTHORITY
D. Sobrepea
73
D. Sobrepea
74
D. Sobrepea
75
D. Sobrepea
76
D. Sobrepea
77
D. Sobrepea
78
D. Sobrepea
79
D. Sobrepea
*parental authority is
automatically reinstated upon
service of sentence or pardon.
80
D. Sobrepea
81
punishment)
those with special parental authority cannot
inflict corporal punishment on the child.
(schools can impose certain measures of
disciplinary action but cannot inflict any
physical punishment)
D. Sobrepea
82
custody,
Guardians liability:
- Guardians are liable for damages if the person is under
their authority and live in their company.
Summary proceedings:
- claims for damages by either spouse must be done in a separate action.
- Preliminary conference: done by judge with the parties w/o counsel. But if the court deems it necessary, they can be assisted by counsel
after.
- Decisions become final and executory immediately (no more lapse of 15 days etc) however aggrieved party can still appeal to higher
courts on the basis of denial of due process.
Family courts:
- shall establish family courts in every province and city. If the city is the capital of the province then in the municipality with the highest
number of people.
Jurisdiction over:
1. criminal cases of those 9-18 years of age (but all cases concerning determination of age still with family courts)
2. petitions for guardianship, custody, habeas corpus
3. adoption and revocation thereof
4. annulment, nullity, relating to marital status, property relations, dissolution of CPG
5. support and acknowledgment
6. summary judicial proceedings
7. declaration of status of children, commitment of children, suspension termination or restoration of parental authority.
8. Constitution of family home
9. Cases against minors (dangerous drugs act)
10. Violations of 7610
11. Violations against VAWC (unless becomes criminal in which case offender will be subject to criminal proceedings)
*if any become an incident to a case pending in the regular courts it shall be decided there.
Funerals:
- same arrangement established for support (spouses, descendants then ascendants in the nearest degree, brothers and sisters above 21)
Brothers and sisters or descendants oldest are preferred, ascendants paternal is preferred.
- In keeping with the social position of the deceased, and in accordance to the expressed wishes of the deceased, in the absence religious
beliefs, in case of doubt shall be decided upon by the person making the arrangements after consultation with the family.
- Human remains cant be disposed or exhumed without the consent of the persons in arrangement.
- A person who allows disrespect to the dead will be liable to the family for moral and material damages.
- Mausoleum or a tomb is part of funeral expenses, which shall be chargeable to the property regime if the spouse is making arrangements.
D. Sobrepea
83
USE OF SURNAMES
Art. 364: Legitimate and legitimated children shall
principally use the surname of the father.
Art. 365: An adopted child shall bear the surname
of the adopter.
D. Sobrepea
84
In case of annulment:
1. wife is guilty: shall resume her maiden name
2. innocent: resume her maiden name or continue
using her husbands name unless the court
decrees otherwise or if either of them remarries.
In case of legal separation: wife will continue to use
the name she used prior to separation
Widow: may continue to use deceased husbands
surname
D. Sobrepea
85
D. Sobrepea
86
Termination of
administration
Presumption of death
through absence
Presumption of death in
dangerous situations
D. Sobrepea
87
D. Sobrepea
88
D. Sobrepea
89
D. Sobrepea
90
7. Comes from a country that the Philippines has diplomatic ties with. (Philippine maintains authorized and accredited agency, adoption is
allowed under his or her laws)
- To be filed with the RTC or the board through an agency.
Matching: Judicious pairing of the applicant and the child to promote a mentally satisfying parent-child relationship.
- No matching arrangement between applicant and parents before the committees proposal unless it is relative or it is for the childs best
interest.
- Applicant must fetch child within 30 days after notice of issuance of visa.
Trial custody: 6 months with submission of progress reports before adoption decree becomes final.
- If pre-adoptive relationship is unsatisfactory, it will be terminated and Board may choose from roster of applicants a qualified family,
absence the foreign agency may propose.
Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements with countries of the
foreign adoption agencies.
Illegal Adoption (presumed):
1. Consent for adoption acquired through or attended by force, coercion, etc.
2. No authority from board
3. Procedures and safeguards not complied with
4. Child exposed to danger, abuse and exploitation
- Attempt to commit offense punishable
- Acts punishable above considered child trafficking
RA 7610: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.
- State shall intervene when person who is supposed to protect a child cannot or if those acts are being committed by the parent against the
child.
Children 18 years or below or those above 18 but are unable to protect themselves from exploitation/discrimination due to physical or mental
disability.
Child Abuse: habitual or non-habitual maltreatment
1. Psychological or physical abuse (neglect, cruelty emotional maltreatment, sexual abuse)
2. Acts by deeds or words, which degrades or demeans intrinsic worth or human dignity of child.
3. Unreasonable deprivation of basic needs
4. Failure to give immediate medical treatment when needed.
Circumstances, which gravely threaten or endanger survival and normal development:
1. Living in an area affected by armed conflict
2. Working under conditions hazardous to life, safety, morals
3. Living or fending for themselves without the care of anyone
4. Living in an area lacking basic services (indigenous cultural community, extreme poverty, underdeveloped area)
5. Victim of calamity
6. Analogous situations.
D. Sobrepea
91
Child prostitution and other sexual acts/abuse: For any consideration or through coercion or influence indulge in sexual acts.
Attempt to commit: Any person who is in a secluded area with a child and such person is not a relative.
Child trafficking: trading, dealing, buying, and selling of children
Attempt to commit: Child travels alone to foreign country without reason or clearance form DSWS, pregnant women consents to adoption
for a consideration, establishment which recruits women to bear children. Person engaged in finding children from low-income families.
Obscene publications and indecent shows: perform obscene exhibitions in shows, video or model and sells/distributes this.
Other acts of abuse: use coercion, force or intimidation to make a child beg, traffic drugs, or conduct other illegal activities
- Establishments where these acts are done will be closed and their license to operate will be canceled.
Working Children: below 15 years of age can work provided:
1. Work permit from DOLE
2. Employer shall ensure protection, health, safety, morals
3. Prevent exploitation or discrimination
4. Continuous training of child
- Cant employ child in commercials for alcohol, tobacco, violence
Children of Indigenous Cultural Communities:
- Institute an alternative education for children which is culture specific and relevant to their needs
- Delivery of basic social services.
Situations of Armed Conflict:
- Policy of state to resolve such for best interest of children
1. Shall not be object of attack; entitled to special respect
2. Not recruited in army
3. Delivery of basic social services
4. Public infrastructures (schools, hospitals) not to be used
5. Facilitate reunion of families
Children arrested for reasons of armed conflict:
1. Separate detention cells from adults unless they are family.
2. Immediate free legal assistance
3. Immediate notice to parents
4. Release within 24 hours to DSWD or other
Who may file: offended parents/ guardians, ascendants, relative within the 3 rd degree of consanguinity social worker of DSWS or other,
Barangay chairman, 3 citizens of the place where it occurred.
D. Sobrepea
92
Article 87
D. Sobrepea
93
2. Article 44: When both spouses acted with bad faith then all donations and testamentary dispositions shall be revoked.
3. Article 64: (Legal separation) the offending spouse will be disqualified from inheriting from innocent spouse in intestate succession,
provisions in favor of the offending spouse in the will of the innocent spouse shall be revoked by operation of law.
4. Article 81: Donations and other stipulations made in the marriage settlement by reason of marriage shall be revoked by operation of law
is marriage is not celebrated
5. Article 87: Donations between husband and wife (direct or indirect), or those who cohabit = void
a. Even if made by both spouses for a purpose other than vocational or professional.
6. Donations given to one by another when they have committed adultery or concubinage is void and revoked by operation of law.
CHILDREN:
Rights under title 12 of civil code
1. entitled to parental care
2. receive at least elementary education
3. moral and civic training
4. live in an atmosphere conducive to his physical, moral and intellectual development
duties of the child
1. obey and honor his parents or guardian
2. respect his grandparents, old relatives and those with substitute parental authority.
3. Exert his utmost for his education and training.
4. Cooperate with the family
Legitimate
Those conceived in the 15-day period prior to the finality of the
decree of annulment.
Conceived or born before a voidable marriage is terminated
Children conceived or born in a void marriage pursuant to article
40, 52, and 53
Children conceived or born in a void marriage because of
psychological incapacity
*but if child was conceived and born prior to the marriage, marriage
does not make child legitimate
Children conceived and born prior to the marriage if there are no
legal impediments at that time then the subsequent marriage will
make them legitimate.
Illegitimate
Children born in a valid marriage but is impugned by the
father
Children conceived or born in a void marriage
Cannot be legitimated: when from an adulterous
relationship or bigamous marriage.
D. Sobrepea
94
1. children and descendants of he person disinherited shall take his place and shall preserve rights of compulsory heirs with respect to
legitime.
i. Article. 919: following shall be sufficient causes for disinheritance of children, descendants
1. Child or descendant has been found guilty of an attempt against the life of the testator his or her spouse,
descendants or ascendants.
2. When the child, descendant has accused the testator of a crime, which the law prescribes imprisonment for 6
years or more, if it is found to be groundless.
3. When a child or d has been convicted with adultery or concubinage with the spouse of the testator.
4. When a child or d by fraud, violence, intimidation, or undue influence causes the testator to make a will or change
one he has already made.
5. A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant
6. Maltreatment of the testator by word or deed by the child or d
7. Child or descendant leads a dishonorable or disgraceful life
8. Conviction of a crime with civil interdiction
ii. Article 920: following shall be sufficient causes for disinheritance of parents or ascendants, whether legitimate or
illegitimate
1. When parents have abandoned their children, induced their daughters to live corrupt or immoral life, or attempted
against their virtue
2. Parent or ascendant has been convicted of an attempt against the life of the testator his or her spouse,
descendants or ascendants.
3. Accused testator of a crime
4. Parent or ascendant convicted of concubinage with spouse of testator
5. Parent or ascendant by fraud, violence, undue influence causes new will or change will
6. Loss of parental authority
7. Refusal to support children or descendants without justifiable cause.
8. Attempt of one of the parents against the life of the other, unless there has been reconciliation
iii. Article 921: disinheriting a spouse
1. Spouse convicted of attempt against..
2. Spouse accused testator of crime
3. Spouse by fraud, intimidation
4. Spouse has given cause for legal separation
5. When the spouse has given grounds for loss of parental authority.
6. Unjustifiable refusal to support the children or other spouse
2. When parent is incapacitated to succeed one due to unworthiness:
i. Art. 1032: unworthiness
1. Parents abandoned their children, or induced their daughters to live a corrupt or immoral life, attempted against
her virtue
D. Sobrepea
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2. Convicted of an attempt against the life of the testator, his spouse, or descendants or ascendants.
3. Accused of a crime
4. Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer
within a month unless authorities have already taken action. (not applicable wherein law there is no obligation to
make an accusation.
5. Person convicted or adultery or concubinage with the spouse of the testator
6. Cause testator to make or change will
7. By same means, prevents one from making will, revoking will, or concealing will
8. Falsifies or forges will of decedent
b. Incapable of succeeding
i. Art. 1027: the following are incapable of succeeding
1. Priest etc who hear confession of testator during his last illness or minister who extended spiritual aid to him
2. Relatives of 1 within the fourth degree, the church or institution to which such minister may belong
3. Those made to a guardian by his ward before the final accounts have been approved unless guardian is
ascendant, descendant, brother or sister or spouse
4. Any attesting witness to the execution of a will, the spouse, parents or children or an one claiming under such
witness, spouse, parents or children.
5. Physician, surgeon, nurse, etc who took care of testator during last illness
6. Individuals, associations, corporations not permitted by law to inherit.
Abandonment: he or she has left the conjugal dwelling without intention of returning. A spouse who has left the conjugal dwelling for a period of 3
months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no
intention of returning to the conjugal dwelling. (physical, financial and moral desertion)
- spouse can seek for receivership, judicial separation of property, and sole administration
- abandonment for more than one year can lead to legal separation
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Deadlines:
Article
Article 30
Article 38
Article 47
*If ratified then can no longer
be annulled.
Article 47
Article 47
Article 47
Article 47
Article 47
Article 50-51
Article 57
Article 58
Article 61
Article 61
Article 64
Article 182
D. Sobrepea
Contents
Marriage certificate with affidavit for marriages in
articulo mortis or remote residence
Action or defense for absolute nullity (anyone can file)
Deadlines/prescriptions
Within 30 days after the performance of the
marriage
Does not prescribe
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