A Persons3

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ATENEONOTES(2001)

PERSONS & FAMILY RELATIONS

WHENLAWSTAKEEFFECT

General Rule: 15 days after completion of publication in OG or newspaper of general circulationException: The law can provide its own date of effectivity, i.e., it can provide for a period

less than or greater than 15 days after publication before the law takes effect

!ublication is "#$%#TOR& even if the law provides its own date of effectivity

'nternal regulations of administrative agencies which bind only the agency need not be

published

COMPLIANCEWITHTHELAW

'gnorance of the law e(cuses no one from compliance therewith )Ignorantia juris neminem

excusat*

RETROACTIVITY

General Rule: Rules are not retroactive

Exceptions:

1 +hen the law itself e(pressly providesException to the exception: ex facto law when retroactivity impairs the obligation of

contract

Remedial statutes- .urative statutes

/ 0aws interpreting other laws

5 0aws creating new rights !enal laws when favorable to the accused who is not a habitual delin2uent

ACTSVIOLATINGMANDATORYORPROHIBITORYLAWSAREVOID

Exception: +hen law itself authori3es their validity

REQUISITESFORAVALIDWAIVER:

1 !erson making the waiver must have the right he is waiving 4e must have the capacity to make the waiver

- The waiver must be made in a clear and une2uivocal manner

# right may not be waived if such waiver is contrary to law, public order, public policy,

morals or good customs or is preudicial to third person

REPEALOFLAWS

6(press repeal 7 repeal of repealing law will not revive the old law

'mplied repeal 7 takes place when the provisions of the subse2uent law are incompatible with

those of the previous law

Re2uisites:

1 8oth laws cover the same subect matter

The latter law is repugnant to the earlier law

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Repeal of the repealing law revives the old law unless the contrary is e(pressly

provided in the last law

STAREDECISIS

%octrine ofstare decisis9 re2uires courts to follow the rule established in earlier decisions of

the upreme .ourt The doctrine, however, is not infle(ible, so that when in the light of changing conditions, a

rule has ceased to be beneficial to the society, the courts may depart from it

PENALLAWS

!enal laws those of public security and safety 9 obligatory upon all who live or soourn in the

!hilippines

STATUSLAWS

0aws relating to family rights and duties or to the status, condition and legal capacity of

persons 9 binding upon ;ilipino citi3ens even though living abroad

CONFLICTSRULES

Real property and personal property Lex situs

Order of succession

#mount of successional rights

'ntrinsic validity pf testamentary provisions

$ational law of the decedent

;orms


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?-- 9 defamation, fraud and physical inuries

?-/ 9 police refuses or fails to render aid or protection to any person in case of danger to life

or property

?- 9 preudicial 2uestions

6lements :

1 .ivil action involves an issue intimately related to the issue in criminal action Resolution of issue in civil case determines whether or not the criminal action may

proceed

- .ogni3ance of civil case pertains to another tribunal

PERSONS

KINDSOFCAPACITY

1 @uridical capacity 9 fitness to be the subect of legal relations

.apacity to act 9 power to do acts with legal effect

PERSONALITY

8irth determines personality BUTconceived child shall be considered born for all purposes favorable to it provided it be

born later under the following conditions:

1 'f it is alive at the time it is completely delivered from the motherAs womb

BUTif it had an inter7uterine life of at less than > months, if it lives for at least / hoursafter its complete delivery from the maternal womb

.ivil personality e(tinguished by death

DOUBTSASTOORDEROFDEATH

#s between or more persons called to succeed each other, if there is doubt as to which of

them died first, whoever alleges the death of prior to the other shall prove the same, in theabsence of proof, it is presumed that they died at the same time and there shall be no

transmission of rights from one to the other

This rule applies only to cases involving succession

URIDICALPERSONS

1 The state and its political subdivisions

Other corporations, institutions and entities for public interest or purpose, created by law

- .orporations, partnerships and associations for private interest or purpose

FAMILY RELATIONS

DEFINITIONOFMARRIAGE1 "arriage is a special contract 't is a permanent union

- The union is between a man and a woman

/ The union must be entered into in accordance with law5 The purpose of marriage is the establishment of conugal and family life

ESSENTIALREQUISITESOFMARRIAGE

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1 0egal capacity of contracting parties

.onsent freely given in the presence of the solemni3ing officer

FORMALREQUISITESOFMARRIAGE

1 #uthority of solemni3ing officer

Balid marriage license )exceptin cases where a marriage license is not re2uired*- "arriage ceremony

AUTHORI!EDSOLEMNI!INGOFFICERS:1 'ncumbent member of the udiciary within the courtAs urisdiction

%uly authori3ed priest, rabbi, imam or the minister of any church or religious sect

- hip captain or airplane chief

.an solemni3e marriages only in articulo mortisbetween passenger or crew members

while the ship is at sea or the plane is in flight and also during stopover at ports of call

/ "ilitary commander of a unit to which a captain is assigned

.an solemni3e marriage only if it is in articulo mortisbetween persons within the

3one of military operations whether members of the armed forces or civilians andonly in the absence of the chaplain

5 .onsul7general, consul or vice7consul 9 can solemni3e marriage between ;ilipinos

abroad "ayor )0ocal Government .ode of 1CC1*

MARRIAGEE"EMPTFROMLICENSEREQUIREMENTS:

1 "arriage in articulo mortis

'f the residence of either party is so located that there is no means of transportation to

enable such party to appear personally before the civil registrar

- "arriage in articulo mortis in military 3ones

/ "arriage among "uslims or among members of ethnic cultural communities inaccordance with their customs

5 "arriage between persons who have lived together as husband and wife for at least fiveyears and without any legal impediment to marry each other

FLAW STATUSOFMARRIAGE

#bsence of any essential or formal

re2uisites

Except: 'f the marriage is solemni3ed by

unauthori3ed person, the marriage will still

be valid if either or both contracting partiesbelieved in good faith that the solemni3ing

officer had legal authority D#rticle -5 )*E

Void ab initio

%efect in essential re2uisite Boidable

'rregularity in formal re2uisite Balid but party responsible for such irregularity

shall be civilly, criminally and administratively

liable

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OTHERREQUIREMENTS

EITHERORBOTHPARTIESIS WHATISNEEDED

1F years old and above but below 1 !arental consent

1 years old and above but below 5 !arental advice1F years old and above but below 5 "arriage counseling

EFFECTS

0ack of parental consent "arriage is BO'%#806

0ack of parental advice


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5 "istake in identity

ubse2uent marriage void under #rticle 5-

#rticle 5- provides that a person whose marriage has been annulled may remarry as long as

he complies with #rt 5 which re2uires that after the marriage is annulled the properties of

the spouses must be partitioned and distributed and the presumptive legitime of the children

must be distributed ;urthermore, the udgment of annulment or absolute nullity, thepartition and distribution of the spousesA properties and the delivery of the childrenAs

presumptive legitime must be recorded in the appropriate civil registry and registries of

property ;ailure to comply with these re2uisites will make the subse2uent marriage void abinitio

#$TE: T46 6$"6R#T'O$ O; BO'% "#RR'#G6 $%6R #rt -5 is not e(clusive

Void under "rticle %&: where one party, who at the time of the celebration of the marriage,

was psychologically incapacitated to comply with the essential marital obligations

VOIDFORBEINGINCESTUOUS

1 8etween ascendants and descendants of any degree

8etween brothers and sisters, whether full or half blood

VOIDFORREASONOFPUBLICPOLICY:

1 8etween collateral blood relatives up to the /thcivil degree 8etween step7parents and step7children

- 8etween parents7in law and children7in law

/ 8etween adopting parent and adoptive child5 8etween surviving spouse of the adopter and the adopted

8etween surviving spouse of the adopted and the adopter

> 8etween adopted and legitimate child of adopter

F 8etween adopted children of same adopter

C 8etween parties where one with the intention to marry the other, killed that the otherpersonAs spouse or his


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.ircumstances constituting fraud:

a $on7disclosure of conviction by final udgment of crime involving moral

turpitudeb .oncealment of pregnancy by another man

c .oncealment of se(ually transmissible disease, regardless of nature, e(isting at

the time of marriaged .oncealment of drug addiction, habitual alcoholism, homose(uality and

lesbianism

/ ;orce, intimidation or undue influence5 'mpotency

#ffliction of se(ually transmissible disease found to be serious and which appears

incurable

ARTICLE#$ ARTICLE#%

The T% is a ground for annulment The T% is a type of fraud which in turn is a

ground for annulment

The T% does not have to be concealed The T% must be concealed

The T% must be serious and incurable The T% does not have been to be serious and

incurable

GROUNDS FOR

ANNULMENT

WHOCANFILE PRESCRIPTIVEPERIOD RATIFICATION

0ack of parental

consent

a !arty under age

b !arent orguardian

a +ithin 5 years after

attaining 1b 8efore child reaches 1

;ree cohabitation

after reaching 1

'nsanity of one

party

ane spouse views:

S'*+D,8efore death of other party

D-. D/ C-//*

+ithin 5 years from the time

the right or action accrues

;ree cohabitation

after insaneregains sanity

Guardian of insane

spouse

#nytime before the death of

either party

'nsane spouse %uring the lucid interval or

after regaining sanity also

before death of other party;raud 'nured party +ithin 5 years from discovery

of fraud

;ree cohabitation

after knowledge offraud

;orce, intimidationor undue influence

'nured party +ithin 5 years from thecessation of cause

;ree cohabitationafter cause has

disappeared

'mpotence of one !otent party +ithin 5 years after marriage .annot be ratified

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party but action

prescribes

erious T% 4ealthy party +ithin 5 years after marriage .annot be ratified

but actionprescribes

EFFECTSOFTERMINATIONOFMARRIAGE

VOIDABLE BIGAMOUS MARRIAGE

(ART#1)

DECLARATION OF

NULLITY

ANNULMENT

tatus of

children

.hildren of subse2uent marriage

conceived before its termination 9legitimate

'llegitimate except

#rt - and #rt 5-

.hildren conceived or

born beforeannulment

decree 9

legitimate

!roperty

Relations

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DISTINCTIONBETWEENVOIDANDVOIDABLEMARRIAGE

VOID VOIDABLE

#s to nature 'ne(istent from the time of performance Balid until annulled

#s to

susceptibilityto ratification

.annot be ratified .an be ratified either by free

cohabitation or prescription

#s to effect onproperty

$o community property, only co7ownership )#rt 1/>*

#bsolute community e(ists unlessanother system is agreed upon in

marriage settlement

#s to effect onchildren

.hildren are illegitimateExceptions:

a 'n case of psycho incapacity )#rt -*

b .hildren born of subse2uent marriage)#rt 5-*

.hildren are legitimate ifconceived before decree of

annulment

#s to how

marriage maybe impugned

a "ay be attacked directly or collaterally

but for purpose of remarriage, theremust be udicial declaration of nullity

b .an still be impugned even after death

of parties

a .annot be attacked

collaterally, only directly, iethere must be a decree of

annulment

b .an no longer be impugnedafter death of one of the parties

GROUNDSFORLEGALSEPARATION

1 Repeated physical violence or grossly abusive conduct directed against petitioner, a

common child or a child of the petitioner

!hysical violence or moral pressure to compel change in religious or political affiliation

- #ttempt to corrupt or induce petitioner to engage in prostitution or connivance in suchcorruption or inducement

/ ;inal udgment sentencing respondent to imprisonment of more than years5 %rug addiction or habitual alcoholism

0esbianism or homose(uality

> ubse2uent bigamous marriage

F e(ual infidelity or perversionC #ttempt by despondent against the life of the petitioner

1H #bandonment for more than one year without ustifiable cause

GROUNDSTODENYLEGALSEPARATION:

1 .ondonation .onsent- .onnivance

/ "utual fault

5 .ollusion

!rescription 9 action for legal separation must be filed within five years from the time ofthe occurrence of the cause of action

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/ 'f a party e(ecuting the settlement needs parental consent, the parent


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Oral donation 9 years

5 +hen marriage is annulled 9 / years

'f donee commits an act of ingratitude 9 1 year from donorAs knowledge of that fact> 'n cases of legal separation 9 5 years from the time the decree of separation has become

final

SYSTEMOFABSOLUTECOMMUNITY

The community property consists of all the property owned by the spouses at the

time of the celebration of the marriage or ac2uired thereafter

E"CLUSIONSFROMCOMMUNITYPROPERTY

1 !roperty ac2uired during the marriage by gratuitous title and its fruits e(cept if its

e(pressly provided by the donor, testator or grantor that they shall form part of thecommunity property

!roperty for personal and e(clusive use of either spouse )ewelry forms part of the #.!*

- !roperty ac2uired before the marriage by one with legitimate descendants by former

marriage and its fruits and income

CHARGESUPONTHEACP

1 upport of spouses, their common children and legitimate children of either spouse %ebts and obligations contracted during the marriage by designated administrator 7

spouse, both spouses or by one with the consent of the other

- %ebts and obligations contracted by either spouse without the consent of the other to thee(tent that it benefited the family

/ Ta(es, liens, charges and e(penses upon community property

5 Ta(es and e(penses for mere preservation made during the marriage upon the separate

property of either spouse used by the family

6(penses for professional or vocational course> #ntenuptial debts which redounded to the benefit of the family

F %onated or promised to common legit children for profession, vocational course or selfimprovement

C Other ante7nuptial debts, support of illegitimate child and liabilities for crime, (uasi)

delictsin absence of separate property1H 6(penses of litigation between spouses unless the suit is found to be groundless

'f the community property is insufficient to cover all these liabilities, e(cept those falling

under par C, the spouses shall be solidarily liable for the unpaid balance with their separate

properties

#dministration of community property belongs to both spouses ointly 'n cases of

disagreement, the decision of the husband prevails 'f the wife decides to go to court, shemust do so within 5 years from the date of the contract implementing the husbandAs decision

8oth spouses must approve any dispositions or encumbrances and consent of the other

spouse regarding the disposition must be in writing, otherwise, the matter should be brought

to court and the court will give the authority, if proper 'f one spouse acts without the

consent of the other or without court approval, such disposition


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consenting spouse and the -rdperson which may be perfected as a binding contract upon

acceptance by the spouse or court approval

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ACPCPG TERMINATES:

1 %eath

0egal separation- #nnulment

/ @udicial separation of property during marriage

PROCEDUREFORDISSOLUTIONOFACP:

1 'nventory of all properties

%ebts and obligation of #.! are paid- Remains of the separate properties of the spouses are returned to the owner

/ $et remainder of the #.! is divided e2ually between husband and wife

5 !resumptive legitimes of children are delivered

#dudication of conugal dwelling and custody of common children

WHATARECONTRIBUTEDTOCPG:

1 !roceeds, products, fruits and income of separate properties of spouses

6verything ac2uired by spouses through their efforts- 6verything ac2uired by spouses through chance

E"CLUSIVEPROPERTYINCPG:

1 That brought into the marriage as his Those ac2uired by chance

CHARGESUPONCPG

1 upport of the spouses, their common children and legit children of either spouse

%ebts and obligations contracted by one without the consent of the other to the e(tent that

the family benefited- %ebts and obligations contracted during the marriage by administrator7 spouse, both

spouses or one with the consent of the other

/ Ta(es, liens, charges, e(penses upon conugal property5 Ta(es and e(penses for mere preservation of separate property

6(penses for professional, vocational or self7improvement courses of either spouse

> #ntenuptial debts to e(tent family benefited

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F Balue of what is donated or promised to common legit children for professional, vocation

or self improvement courses

C 6(penses of litigation

PROCEDUREFORDISSOLUTIONOFCPG

1 'nventory of all property #mounts advanced by .! as payment for personal debts and obli of either spouse are

credited

- Reimbursement for use of e(clusive funds/ %ebts and obligations of the .! are paid

5 Remains of e(clusive properties are returned

'ndemnify loss of deterioration of movables belonging to either spouse used for the

benefit of the family> $et remainder of conugal property is divided e2ually

F %elivery of childrenAs presumptive legitimes

C #dudication of conugal dwelling and custody of children

DISTINCTIONBETWEENACP ANDCPG

ACP CPG

#ll the properties owned by the spouses atthe time of marriage become

community property

6ach spouse retains his


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+hen the absentee spouse reappears

- +hen the court authori3es resumption of administration by the spouse formerly

e(ercising such power/ +hen the spouse who has abandoned the conugal home returns and resumes common

life with the other

5 +hen parental authority is udicially restored to the spouse previously deprived thereof +hen spouses agree to revive their former property regime

GROUNDFORTRANSFEROFADMINISTRATIONOFE"CLUSIVEPROPERTYOFEITHERSPOUSE

1 One spouse becomes guardian of the other

One spouse udicially declared absent

- One spouse sentenced to penalty with civil interdiction

/ One spouse becomes a fugitive from ustice

UNIONSGOVERNEDBYARTICLE1#3

1 +hen a man and a woman capacitated to marry each other live e(clusively with each

other as husband and wife without the benefit of marriage # man and a woman living together under a void marriage )inapplicable to bigamous

marriage*

Rules:

1 +ages and salaries earned by either spouse during the cohabitation shall be owned by the

parties in e2ual shares !roperties ac2uired by them through their oint work or industry during the cohabitation

shall be governed by the rules of co7ownership

!resumption 9 properties ac2uired during the cohabitation are presumed to have been

ac2uired through their oint efforts, work or industry

!arty who did not participate in the ac2uisition by the other party of any property

shall be deemed to have contributed ointly in the ac2uisition thereof if the forgerAsefforts consisted in the care and maintenance of the family and of the household

- !arties cannot encumber or dispose by acts inter vivos their share in the property ac2uiredduring their cohabitation until termination

/ 'n case of void marriage 9 if only one party is in good faith, the share of the spouse who

is in bad faith shall be forfeiteda 'n favor of their common children

b 'n case of default of or waiver by any or all of the common children or their

descendants each vacant share shall belong to the respective surviving

descendantsc 'n the absence of such descendants, such share belongs to the innocent party

UNIONSGOVERNEDBYARTICLE1#4

1 8igamous marriages

#dulterous relationships

- Relationships in a state of concubinage/ Relationships where both man and woman are married to other persons

5 "ultiple alliances of the same married man

Rules:

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1 Only properties ac2uired by the parties through their actual oint contribution of money,

property or industry shall be owned in common in proportion to their respective

contributions 'n the absence of proof to the contrary contributions and the share of the parties to the

properties ac2uired during the cohabitation are presumed e2ual

- 'f one party is validly married to another:a 4is


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/ %ebts due laborers, mechanics, architects, builders, materialmen and others who have

rendered service or furnished materials for the construction of the building

#$TE: The e(emption is limited to the value allowed by ;.

BENEFICIARIESOFAFAMILYINCOME

1 4usband and wife, or unmarried head of the family !arents, ascendants, brothers and sisters living in home and depend on head of family for

support

SALE5 ALIENATION5 DONATION5 ASSIGNMENTORENCUMBRANCEOFTHEFAMILYHOME

1 The person who constituted the same must give his


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/ The written instrument is recorded in civil registry together with the birth certificate of

the child

!resumption regarding the childAs filiation if the marriage is terminated and the mother

contracts another marriage within -HH days after the termination of the former marriage:

IMPUGNINGTHELEGITIMACYOFACHILDGeneral Rule: Only the husband can impugn the legitimacy of a child

Exception: The heirs of the husband may impugn the childAs filiation in the following cases:1 'f the husband dies before the e(piration of period for filing the action

'f the husband dies after filing without desisting

- 'f the child was born after the death of the husband

GROUNDSTOIMPUGNTHELEGITIMACYOFTHECHILD:

1 't was physically impossible for the husband to have se(ual intercourse with his wife

within the first 1H days of the -HH days which immediately preceded the birth of thechild because of:

a !hysical incapacity of the husband to have se(ual intercourse with his wifeb The fact that the husband and wife were living separately in such a way that se(ualintercourse was not possible, or

c erious illness of the husband which absolutely prevented intercourse

'f its proved that for biological or other scientific reasons, the child could not have beenthat of the husband, e(cept in the case of children conceived through artificial

insemination

- 'n case of children conceived through artificial insemination, the written authori3ation or

ratification of either parent was obtained through mistake, fraud, violence, intimidation orundue influence

PERIODSFORFILINGOFACTIONTOIMPUGNTHELEGITIMACYOFACHILD The action to impugn the legitimacy of the child shall be brought:

1 'f the husband )or his heirs, in proper cases* resides in the city or municipality where the

child was born or where his birth certificate was recorded 9 within 1 year

'f the husband )or his heirs* does not reside in the city or municipality where the childAsbirth took place or was recorded but his residence is in the !hilippines 9 within years

- 'f the childAs birth took place or was recorded in the !hilippines while the husband has

his residence abroad, or vice7versa 9 within - years

19

Termination of 1st

marriage 2ndmarriage300 days aftertermination of 1st

180 days after 2nd

marriage

presumed conceivedduring the 1stmarriage

presumed conceivedduring the 1stmarriage


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The period shall be counted from the knowledge of the childAs birth or its recording in the

civil register

4O+6B6R, if the childAs birth was concealed from or was unknown to the husband or his

heirs, the period shall be counted from the discovery or knowledge if the birth of the child orof the act of registration of said birth, whichever is earlier

ACTIONTOCLAIMLEGITIMACY

The child can bring the action during his lifetime

'f the child dies after reaching maority without filing an action, his heirs can longer file the

action after death

'f the child dies during minority in the state of insanity, his heirs can file the action for him

within 5 years form the childAs death

'f the child dies after commencing the action, the action will survive and his heirs will

substitute for him

'f the child is a minor or incapacitated or insane, his guardian can bring the action in his

behalf

LEGITIMATEFILIATIONMAYBEPROVEDBYANYOFTHEFOLLOWING

1 Records of birth or final udgment

#dmission of legitimate filiation in a public document or in a private handwritten

instrument and signed by the parent concernedK in the absence of these evidences, thelegitimate filiation may be proved by:

a Open and continuous possession of the status of a legitimate child

b #ny other evidence allowed by the Rules of .ourt

RIGHTSOFLEGITIMATECHILDREN

1 8ear surname of parents Receive support from parents, ascendants and in proper cases, from brothers and sisters

- Received legitimate and other successional rights

PERIODSFORFILINGTHEACTIONTOESTABLISHILLEGITIMATEFILIATION

1 'f the action is based on the record of the birth of the child or on admission by the parent

of the childAs filiation in a public document or in a private handwritten signed document

9during the lifetime of the child 'f the action is based on the open and continuous possession by the child of the status of

an illegitimate child, or on other evidences allowed by the Rules of .ourt and special

laws 9 during the lifetime of the alleged parent

RIGHTSOFILLEGITIMATECHILDREN

1 se the surname of the mother

Receive support according to the provision of the ;.- Receive legitimate )1


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The parents, at the time of childAs conception, were not dis2ualified by any impediment

to marry each other

0egitimation takes place by the subse2uent marriage of the childAs parents

6ffect of legitimation: 't confers on the child the rights of legitimate children

6ffects of legitimation retroact to the time of the childAs birth

0egitimation may be impugned only those who are preudiced in their rights within 5 years from the time the cause of action accrues

WHOMAYADOPT

#ny person provided he is:

1 Of age 'n possession of full civil capacity and legal rights

- 'n a position to support and care for his legitimate and illegitimate children, in keeping

with the means of the family/ #t least 1 years older than the person to be adopted, unless:

a The adopter is the natural parent of the child to be adopted, or

b The adopter is the spouse of the legitimate parent of the person to be adoptedWHOMAYNOTADOPT

1 Guardian with respect to ward before final accounting

!erson convicted of crime involving moral turpitude

- #lienExceptions)#n alien may adopt*:

a ;ormer ;ilipino adopting a relative by blood

b #lien adopting legitimate child of ;ilipino spousec @oint adoption by #lien and ;ilipino spouse of latterAs blood relative

d Those allowed by rules on inter7country adoption

WHOMAYNOTBEADOPTED

1 !erson of legal age

Exception: #n adult may be adopted if he is:

a # child by nature of adopter or of spouseb .onsistently considered by adopter as his own child during minority

#lien whose country has no diplomatic relations with the !hilippines

- !erson previously adopted )not yet revoked*

GENERALRULE: HUSBANDANDWIFEMUSTOINTLYADOPT

Exceptions1 One spouse adopts his


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pouse of the adopted, if married

> pouse of the adopter, if married

EFFECTSOFADOPTION

1 %eemed a legitimate child of the adopter

#c2uired reciprocal rights and obligations arising from parent7child relationship- Right to use surname of the adopter

/ !arental authority of natural parents terminates and vested in adopter

5 Remains intestate heir of natural parents and blood relatives 0egitimate brothers and sisters )whether full of half blood*

RULESREGARDINGSUPPORT TO ILLEGITIMATEBROTHERSANDSISTERS (WHETHERFULL

ORHALFBLOOD)

1 'f the one asking for support is below maority age, he is entitled to support from his

illegitimate brother or sister to the full e(tent, without any conditionK

'f the one asking for support is already of maority age, he is entitled to support only if

his need for support is not due to a cause imputable to his fault or negligence

PROPERTIESARELIABLEFORTHESUPPORTOFTHERELATIVES

1 pouses 9 absolute community or conugal property

.ommon children of the spouses 9 absolute community or conugal property

- .hildren of a spouse by another marriage 9 absolute community or conugal property/ 'llegitimate children of either spouse:

a Under the s*stem of absolute communit*9 separate property of the parent7spouse,

if the same is insufficient or there is no such property, the absolute community is

liable but the support is considered as advances on the share of the parent to bepaid by him to the community at the time of li2uidationK

b Under the s*stem of conjugal partnership 9 separate property of the parent7

spouseK if the same is insufficient or there is no such property, the conugalproperty is liable if financiall* capable+ but the support paid to the child shall be

deducted from the share of the parent7spouse at the time of li2uidation of the

partnership5 0egitimate ascendants, other legitimate and illegitimate descendants, and legitimate and

illegitimate brothers and sisters 9 separate property of the obligor7spouseK if the same is

not sufficient or there is none, the absolute community or conugal property shall be

liable if financially capable, which support shall be deducted from the share of the spouseupon li2uidation of the #.! or .!G

ORDEROFLIABILITYIF2 ORMOREAREOBLIGEDTOSUPPORT

1 pouse

%escendants in nearest degree

- #scendants in nearest degree/ 8rothers and sisters

CONCEPTOFPARENTALAUTHORITY(PATRIAPOTESTAS)

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!arental authority is the mass of rights and obligations which parents have in relation to the

person and property of their children until their emancipation, and even after under certain

circumstances

CHARACTERISTICSOFPARENTALAUTHORITY

1 't is a natural right and duty of the parents )#rt HC ;.* 't cannot be renounced, transferred or waived e(cept in cases authori3ed by law )#rt 1H

;.*

- 't is ointly e(ercised by the father and the mother )#rt 11, ;.*/ 't is purely personal and cannot be e(ercised through agents

5 't is temporary

WHOE"ERCISESPARENTALAUTHORITYINCASEOFABSENCE5 DEATHORREMARRIAGEOF

EITHERPARENT5 ORSEPARATIONOFTHEPARENTS

1 'n case of absence of either parent 9 parent present

'n case of death of either parent 9 surviving parent

- 'n case of remarriage of surviving parent 9 still the surviving parent, unless the courtappoints a guardian over the child

/ 'n case of separation of parents 9 parents designated by the court

The court shall take into account all relevant considerations, especially the choice of

the child over > years old, unless the parent is unfit

# child under > years of age shall not be separated from the mother unless the court

finds compelling reasons to order otherwise

'n case of death, absence or unsuitability of both parents, the surviving grandparent shall

e(ercise substitute parental authority

UDICIALRESCISSIONOFADOPTION

1 Rescission by the adopteda 'f the adopted is at least 1F years old

Grounds: same grounds prescribed for disinheriting an ascendant )#rt CH .ivil .ode*

i !arents have abandoned their children or induced their daughter to live a corrupt orimmoral life, or attempted against the virtueK

ii !arent or ascendant has been convicted of an attempt against the life of the testator,

his or her spouse, descendants or ascendantsKiii !arent or ascendant has accused the testator of a crime for which the law prescribes

imprisonment for years or more, if the accusation has been found to be falseK

iv !arent or ascendant has been convicted of adultery or concubinage with the spouse ofthe testatorK

v !arent or ascendant by fraud, violence, intimidation or undue influence, causes thetestator to make a will or to change one already madeK

vi 0oss of parental authorityvii Refusal to support the children pr descendants without ustifiable causeK

viii #ttempt by one of the parents against the life of the other, unless there has been a

reconciliation between themb 'f adopted is a minor or incapacitated

Grounds: same grounds prescribed for loss of parental authority )#rt C7- ;.*

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!etition may be filed by:

i #ny person authori3ed by the court

ii !roper government instrumentality, acting on behalf of the child Rescission by the #dopter

Grounds:

a #dopted committed act which is ground for disinheriting a descendantb #dopted has abandoned the home of the adopters during minority for at least one year

c #dopted committed act which shows that he has definitely repudiated the adoption

EFFECTSOFTHERESCISSIONOFTHEADOPTION

1 'f the adopted is still a minor, the court shall reinstate the parental authority of the natural

parents, unless the latter are dis2ualified or incapacitated, in which case, the court shall

appoint a guardian over the person and property of the minor in the same proceeding 'f the adopted is physically or mentally handicapped, the court shall appoint a guardian

over this person or property or both in the same proceeding

- #ll reciprocal rights and obligations between the adopter and the adopted arising from

parent7child relationship are e(tinguished/ The adopted shall rename his surname prior to the adoption

5 The court shall order the amendment of the records adopted in the civil registries

SUPPORT

.onsists of everything indispensable for:

1 ustenance %welling

- .lothing

/ "edical attendance

5 6ducation 9 includes schooling or training for some profession, trade or vocation, even

beyond the age of maority Transportation 9 includes e(penses going to and from school, or to from place of work

#mount of support shall be in proportion to the means of the giver and to the need of the

recipient

THEFOLLOWINGAREOBLIGEDTOSUPPORTEACHOTHERTOTHEWHOLEE"TENT

1 pouses

0egitimate ascendants and descendants

- !arents and their legitimate children and the children of the latter )legitimate or

illegitimate*/ !arents and their illegitimate children and the children of the latter )legitimate or

illegitimate*

ORDEROFSUBSTITUTEPARENTALAUTHORITY

1 urviving grandparent

Oldest brother or sister over 1- .hildAs actual custodian, over 1

'n case of foundlings, abandoned children, neglected children or abused children, summary

udicial proceedings shall be instituted so that they may be entrusted to:

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1 4eads of childrenAs homes

Orphanages, or

- imilar institutions duly accredited by the proper government agency

The following e(ercise special parental authority over the minor child while under their

supervision, instruction or custody:

1 The school, its administrators and teachers, or The individual, entity or institution engaged in child care

LIABILITYOFTHOSEE"ERCISINGSPECIALPARENTALAUTHORITYOVERTHECHILD

1 They are principally and solidarily liable for damages caused by the acts or missions of

the child while under their supervision, instruction or custody

$,EVE-+ this liability is subect to the defense that the person e(ercising parental

authority e(ercised proper diligence The parents and udicial guardians of the minor or those e(ercising substitute parental

authority over the minor are subsidiarily liable for said acts and omissions of the minor

DISTINCTION BETWEEN SUBSTITUTE PARENTAL AUTHORITY AND SPECIAL PARENTALAUTHORITY

S676 P-8.-/ A69*8, S-/ P-8.-/ A69*8,

't is e(ercised in case of death, absence, orif unsuitability of parents

4ence, it is not e(ercised by the

parents of parental authority over

the minor children

't is e(ercised concurrently with theparental authority of the parents

and rest on the theory that while

the child is in the custody of the

person e(ercising specialparental authority, the parents

temporarily relin2uish parental

authority over the child to the

latter

LIABILITYOFPARENTSFORTORTSCOMMITTEDBYTHEIRMINORCHILDREN

!arents and other person e(ercising parental authority are civilly liable for the torts

committed by their minor children

'-$VIEthey are living in their company

This is subect to the appropriate defenses provided by law,

EFFECTOFPARENTALAUTHORITYUPONTHEPROPERTYOFTHECHILD

The ;ather and "other shall ointly e(ercise legal guardianship over the property of the

minor child without court appointment

'n case of disagreement, the fatherAs decision shall prevail, unless there is udicial order tothe contrary

'f the market value of the property or the annual income of the child e(ceeds !5H,HHH, the

parent is re2uired to furnish a bond of not less than 1HL of the value of the childAs propertyor income

GROUNDSFORSUSPENSIONOFPARENTALAUTHORITY

1 .onviction of parent for crime without civil interdiction

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Treats child with e(cessive harassment and cruelty

- Gives corrupting orders, counsel or e(ample

/ .ompels child to beg5 ubects or allows acts of lasciviousness

GROUNDSFORTERMINATIONOFPARENTALAUTHORITY1 %eath of parents

%eath of child

- 6mancipation of child

'f the parents e(ercising parental authority has subected the child or allowed him to be

subected to se(ual abuse, he shall be permanently deprived of parental authority

CASES WHERE PARENTAL AUTHORITY MAY BE REVIVED (I.E. ;SUSPENDED< PARENTAL

AUTHORITY)

1 #doption of child

#ppointment of general abandonment

- @udicial declaration of abandonment/ ;inal udgment divesting parental authority

5 @udicial declaration of absence or incapacity or person e(ercising parental authority

CHILDCONCERNED SURNAMETOBEUSED

1 0egitimate child ;atherAs surname

0egitimated child ;atherAs surname

- #dopted child #dopterAs surname

/ 'llegitimate child "otherAs surname

5 .onceived prior to the annulment of themarriage

;atherAs surname

.onceived after the annulment of themarriage

"otherAs surname

WIFE SURNAMETOBEUSED

1 Balid marriage )before the husbanddies*

a maidenAs first name and surname M herhusbandAs surname

b maidenAs first surname M her husbandAs

surnamee.g."arife Tan

c her husbandAs full name, but prefi(ing a

word indicating that she is his wife

e.g."rs 4appy Tand retain the use of her maiden name and

surname )use of husbandAs surname is

not a duty but merely an option of thewife*

"arriage is annulled

7 wife is the guilty party she shall resume her maiden name and

surname

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7 wife is the innocent party choices:

a resume using her maiden name andsurname

b continue employing her husbandAs

surname, unless:

i the court decrees otherwise, orii the wife of the former husband is

married again to another person

- 0egally separated she shall continue using the name and

surname she was employing prior to the

legal separation )Tolentino v /"*

/ %ivorce )at least if they allow it later

or for those who got divorced duringthe @apanese occupation

choices: same as widowed spouse

86T+66$!6RO$ younger person is obliged to use such additional name of

surname as will avoid confusion86T+66$ #.6$%#$T

#$%%6.6$%#$T

a son may used the word I@uniorJ

e.g. "arife 0omibao7Tan, @r

b grandsons and other male descendants, shall either :i add a middle name

e.g.4appy .hris Tan

ii add the motherAs surnamee.g. 4appy 0omibao Tan

iii add the Roman numerals '', ''' and so on

PROCEDURALREQUIREMENTSFORAPETITIONFORCHANGEOFNAME

1 - years residency in the province where change is sought prior to the filingK must not be filed within -Hd prior to an electionK

- the petition must be verified

PROPERANDREASONABLECAUSESTHATMAYWARRANTTHEGRANTOFAPETITIONFOR

CHANGEOFNAME:

1 the petitionerAs true and official name is ridiculousK

the petitionerAs true and official name is tainted with dishonor- the petitionerAs true and official name is e(tremely difficult to write or pronounceK

/ when the re2uest for change is a conse2uence of a change of status, such as when a

natural child is acknowledged or legitimatedK

5 when the change is necessary to avoid confusion

ELEMENTSOFUSURPATIONOFNAME

1 there is an actual use of anotherNs name by the defendant the use is unauthori3ed

- the use of anotherNs name is to designate personality or to identify a person

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REMEDIES AVAILABLE AGAINST THE USURPER TO THE PERSON WHOSE NAME HAS BEEN

USURPED

1 civil )insofar as private persons are concerneda inunction

b damages )actual and moral*

criminal )when public affairs are preudiced*

WHENUSEOFANOTHER=SNAMEISNOTACTIONABLE

when the name is used as stage, screen, or pen name, provided:

1 use of name is in good faithK and

by using the name of another, no inury is caused to that personNs right )%ean*

- when use is motivated by modesty, a desire to avoid unnecessary trouble, or other reason

not prohibited by law or morals

KINDSOFABSENCE

1 !hysical absence

0egal absence

PROVISIONALABSENCE

1 # person disappears from his domicileK

4is whereabouts are unknownK and

- a 4e did not leave any agentK orb 4e left an agent but agentNs power has e(pired

THEADMINISTRATIONSHALLCEASEINANYOFTHEFOLLOWINGCASES:

1 when the absentee appears personally or by means of an agentK then the death of the absentee is provided and his estate or intestate heirs appearK

- when a third person appears, showing by a proper document that he has ac2uired theabsenteeNs property by purchase or other title

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STAGES OF

ABSENCE

WHENTOFILE WHOMAYFILE REMEDY

!rovisionalabsence

after threemonths from the

time ofdisappearance

spouse a receivership )#rt 1, ;.*b udicial separation of property )#rt 1,

;.*c authority to be sole administrator of the

conugal partnership )#rt 1, ;.*

%eclaration

of #bsence without

administrator

7 years from

time ofdisappearance

with

administrator7 5 years from

time of

disappearance

a the spouse

b voluntary

heirs

c intestate heirsb those who

may have

over theproperty of

the absentee

some rightsubordinated

to the

condition ofthe absenteeNs

death

%eclaration of #bsence and #ppointment

of #dministrator )pouse shall be

preferred* but only under the following

cases:a when the absentee has properties which

have to be taken cared of or

administered by a representativeappointed by the .ourt )#rt -F/, $..*

b when the spouse of the absentee is

asking for separation of property )#rt1-5, ;.*

c when the spouse of the absentee is

asking the .ourt that the administrationof all classes in the marriage be

transferred to her )#rt 1/, ;.*

!resumptionof death

Ordinary

absence:

7 > years

7 / years forpurposes of

remarriage

Exception:1 succession 9

1H years

>5 years of

age 9 5 years

6(traordinary

#bsence:

/ years ) yearsfor purposes of

remarriage*

spouse #ction to declare a person presumptivelydead is proper only when the spouse of the

absentee wants to remarry

PERIODOF ABSENCEUNDERE"TRAORDINARYCIRCUMSTANCES

1 if a person rode an airplane or sea vessel, from the time of loss of the airplane or sea

vessel

if a person oined the armed forces, from the time he os considered missing in action

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- under the circumstances, from time of disappearance

MATTERSRECORDEDINTHECIVILREGISTER

1 birth

marriage

- death/ legal separation

5 annulment of marriage

udgments declaring marriage void from the beginningK> legitimation

F adoption

C acknowledgement of natural children

1H naturali3ation11 loss of citi3enship

1 recovery of citi3enship

1- civil interdiction

1/ udicial determination15 voluntary emancipation of a minorK #$%

1 change of time

REQUIREMENTSOFANADVERSARIALPROCEEDING

1 !resence of opposing parties $otice to indispensable parties

- Relevant facts have been fully and properly developed

/ Opposing counsel was given an opportunity to demolish the opposite partyNs case )not ex

parte*5 6vidence has been thoroughly weighed and considered

.ompliance with the publication re2uirement

SOURCESOFSUPPORT

%R'$GT46"#RR'#G6 !6$%'$G0'T'G#T'O$ #;T6R0'T'G#T'O$

!O6

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;rom the community

property

;rom the community

property assets e(cept if #rt

H- applies, that if theclaimant spouse is the guilty

spouse, he


32/32

8ased on law 8ased on contract, so it can be between

strangers

6(empt from e(ecution and attachment $ot e(empt from attachment and e(ecution

because it is not a legal obligation6.6!T'O$: if the giver contracts with a

person whom he is obliged by law tosupport, in which case only the e(cess ofwhat is obliged )based on need* can be

attached or subect to e(ecution

LEGACYOFSUPPORT CONTRACTUALSUPPORT

'f contained in a will, apply the rules of

contractual support because there is nomore obligation to support to speak of

since the giver is already dead

;ollow rules of contracts which says that

obligation must be fulfilled )support mustbe given* no matter what happens )even if

you lose your ob* 8T if the change in

circumstances are manifestly beyond that

contemplation of the parties, support maybe adusted accordingly

OPTIONSOFTHEPERSONGIVINGSUPPORT

1 To give a fi(ed monthly allowanceK or

To receive and maintain the recipient in the giverNs home or family dwelling

6(ception: when there is a legal or moral obstacle thereto

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