Beruflich Dokumente
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MEMORY AID
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
EXCEPTIONS:
1. When the law itself authorized
its validity
(ex. lotto,
sweepstakes)
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
the alien spouse capacitating him or her
to remarry, the Filipino spouse shall
likewise have the capacity to remarry
under Philippine law. (Article 26(2)
Family Code)
NOTE: domiciliary rule supplants the
nationality rule in cases involving
stateless persons
3. Laws on property
lex rei sitae applies
real property, as well as personal
property is subject to the law of
the country where it is situated
4. Laws on forms and solemnities
lex loci celebrationis applies
Rules on Personal Law
DOMICILIARY
NATIONALITY
RULE
RULE
Basis
for
determining
personal law of an
individual is his
domicile
basis
for
determining
personal law of an
individual
is
his
citizenship
LEX
NATIONALII
LEX REI
SITAE
Art.
15,
CC
Citizenshi
p is the
basis for
determini
ng the
personal
law
applicable
Art. 16, CC
Art. 17, CC
Law of the
place
where the
property is
situated is
the basis
for
determinin
g law
applicable
Covers both
real &
personal
property
Law of the
place where
the contract
was executed
is the basis for
determining
law applicable
Covers
family
rights &
duties,
status,
condition
& legal
capacity
LEX LOCI
CELEBRATIONIS
Covers only
the forms &
solemnities
(extrinsic
validity)
Exception
:
Art. 26,
par. 2 of
Family
Code
Exceptions:
(CIAO)
1. Capacity
to succeed
2. Intrinsic
validity of
the will
3. Amount
of
successiona
l rights
4. Order of
succession
IN
CIVIL LAW
Exceptions:
1. Art. 26, par.
1 of Family
Code
(marriage
involving
Filipinos
solemnized
abroad, when
such are void
in the
Philippines)
2. Intrinsic
validity of
contracts
Renvoi Doctrine
Where the conflict rules of the
forum refer to a foreign law, and
the latter refers it back to the
internal law, the latter (law of
the forum) shall apply.
NOTE: If the foreign law refers it to a
third country, the said countrys laws
shall govern, and is referred to as the
transmission theory.
Doctrine of Processual Presumption
The foreign law, whenever
applicable, should be proved by
the
proponent
thereof;
otherwise, such law shall be
presumed to be exactly the same
as the law of the forum.
Rule on Prohibitive Laws
GENERAL RULE: Prohibitive laws
concerning persons, their acts or
property and laws which have for their
object public order, public policy or good
customs are not rendered
ineffective
by
laws,
judgments
promulgated or conventions agreed upon
in foreign country.
EXCEPTION: Art. 26, par. 2 Family
Code
Example: Divorce law
Human Relations
Every person
must,
in
the
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
husband and wife is not enforceable by
contempt
proceedings.
In
private
relations, physical coercion is barred
under the the old maxim Nemo potest
preciso cogi ad factum. However, the
refusal of the wife to perform her wifely
duties, her denial of consortium and her
desertion of her husband would certainly
constitute a willful infliction of injury
upon her husbands feelings in a manner
which is contrary to morals, good
customs and public policy for which Arts.
21 and 2210 (10) of the CC authorize an
award for moral damages. (Tenchavez
vs. Escano)
Prejudicial Question
GENERAL RULE: If both criminal and
civil cases are filed in court, the criminal
case takes precedence.
EXCEPTION:
When
there
is
a
prejudicial question or a question that
arises in a case, the resolution of which
is a logical antecedent of the issue
involved herein, and the cognizance of
which pertains to another tribunal.
Requisites (Sec. 7, Rule 111,
Rules of Court)
a. Previously instituted civil action
involves an issue similar or
intimately related to the issue
raised
in
the
subsequent
criminal action, and
b. The resolution of such issue
determines whether or not the
criminal action may proceed
NOTE: The Civil Code has suppletory
application in matters governed by
special laws
PERSONS
CIVIL PERSONALITY
aptitude of being the subject,
active or passive, of rights and
obligations
JURIDICAL
CAPACITY
CAPACITY TO ACT
Fitness to be the
subject of legal
relations
Passive
Inherent
Lost only through
death
Can exist without
capacity to act
Cannot be
limited or
restricted
IN
CIVIL LAW
Applies to juridical
persons
This limits the power
of juridical persons
only to those that are
expressly conferred
upon them or those
which can be implied
therefrom or
incidental thereto
Natural persons
GENERAL RULE: Birth determines
personality.
EXCEPTION: The law considers the
conceived child as born for all purposes
favorable to it if born alive. Therefore,
the child has a presumed personality,
which has two characteristics:
1. limited; and
2. provisional/conditional
(Quimiguing vs. Icao)
NOTES:
The presumption as to the childs
personality applies only in cases
beneficial to the child.
The
concept
of
provisional
personality CANNOT be invoked to
obtain damages for and in behalf of
an aborted child. (Geluz vs. CA)
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
denotes a FIXED
PERMANENT
RESIDENCE, which
when absent, one
has the intention of
returning
There can only be
ONE place of
domicile
Elements of Domicile
a. Physical presence in a fixed place
b. Intention to remain permanently
(animus manendi)
Kinds of Domicile
1. Domicile of origin - received by a
person at birth.
2. Domicile of choice - the place freely
chosen by a person sui juris.
3. Constructive domicile - assigned to a
child by law at the time of his birth.
II. FAMILY CODE
took effect August 3, 1988
MARRIAGE
A special contract of permanent
union between a man and a woman
entered into in accordance with law
for the establishment of conjugal
and family life.
Its nature,
consequences and incidents are fixed
by law and cannot be the subject of
stipulation.
Essential requisites: (LC)
1. Legal capacity of the contracting
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
parties, who must be a male and a
female
2. Consent freely given in the presence
of a solemnizing officer
Formal requisites: (ALM)
1. Authority of the solemnizing officer
2. Valid Marriage License
3. Marriage ceremony where the
contracting parties appear before
the solemnizing officer, with their
personal declaration that the take
each other as husband and wife in
the presence of not less than two
witnesses of legal age
Effects:
1. Absence of essential or formal
requisites
the marriage is void ab initio
2. Defect in any of the essential
requisites
The is marriage voidable
3. Irregularity in any of the formal
requisites
Does NOT affect the validity of
the marriage BUT will hold the
party responsible for such
irregularity liable
Persons Authorized To Solemnize
Marriages: (PMJCCC)
1. priests, rabbis, and ministers of any
church
2. municipal and city mayors
3. members of the judiciary
4. ship captains or air plane chiefs
5. commanders of military unit, in the
absence of chaplain
6. consul generals, consuls or viceconsuls
Authorized Venues Of Marriage
GENERAL RULE: Must be solemnized
publicly, and not elsewhere, in the:
1. chambers of the judge or in open
court
2. church, chapel or temple
3. office of consul-general, consul or
vice-consul
EXCEPTIONS:
1. marriage at the point of death
CIVIL LAW COMMITTEE
IN
CIVIL LAW
(articulo mortis);
2. marriage in remote places
3. marriage at a house or place
designated by the parties with the
written request to the solemnizing
officer
Marriages
Exempt
From
License
Requirement: (MOLAR)
1. among Muslims or members of ethnic
cultural communities, provided such
were solemnized in accordance with
their customs, rites and practices
2. solemnized outside the Phil. where
NO marriage license is required by
the country where they were
solemnized
3. of a man and a woman who have
lived together as husband and wife
for at least 5 years and without legal
impediment to marry each other
NOTE: The 5-year period should be
computed on the basis of a
cohabitation as husband and wife
where the only missing factor is the
marriage contract to validate the
union. This 5-year period should be
the years immediately before the
day of the marriage and it should be
a
period
of
cohabitation
characterized by exclusivity meaning no third party was involved
at any time within the 5 years and
continuity - that is unbroken (Ninal
vs. Bayadog, GR No. 133778 March
14, 2000).
NOTE: In the case of Manzano vs.
Sanchez (G.R. No. MTJ-00-1329,
March 08, 2001), the Supreme Court
laid down the requisites to avail the
exemption under Article 34 of the
Family Code:
a. The man and woman must have
been living together as husband
and wife for at least five years
before the marriage;
b. The parties must have no legal
impediment to marry each
other;
c. The fact of absence of legal
impediment
between
the
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
1. between collateral blood relatives
whether legitimate or illegitimate up
to the 4th civil degree
2. between
step-parents
&
step
children
3. between parents-in-law & childrenin-law
4. between the adopting parent & the
adopted child
5. between the surviving spouse of the
adopting parent & the adopted child
6. between the surviving spouse of the
adopted child & the adopter
7. between an adopted child & a
legitimate child of the adopter
8. between the adopted children of the
same adopter
9. between parties where one, with the
intention to marry the other, killed
the latters spouse, or his/her
spouse.
NOTE: Under the FC, the following can
now marry each other:
a. Brother-in-law and sister-in-law;
b. Stepbrother and stepsister;
c. Guardian and ward;
d. Adopted and illegitimate child of the
adopter;
e. Parties who have been convicted of
adultery or concubinage.
D. Subsequent marriages
1. without judicial declaration of
nullity of previous void marriage
(Article 40)
2. without judicial declaration of
presumptive death of absent spouse
(Article 41)
3. where the spouse was presumed
dead, and both the present spouse
and would-be spouse were in bad
faith in contracting marriage (Article
44)
NOTE: Where there was failure to record
in the civil registry and registry of
property the judgment of annulment or
of absolute nullity of the marriage,
partition and distribution of the property
of the spouses and the delivery of the
CIVIL LAW COMMITTEE
IN
CIVIL LAW
VOIDABLE
Decree of nullity
Decree
of
annulment
Never be ratified
Ratified by free
cohabitation
Attacked directly or Attacked
directly
collaterally
only
Co-ownership
Conjugal
Partnership
Always void
Valid until annulled
Action for
Action prescribes
declaration of
nullity does not
prescribe
Psychological Incapacity
no exact definition but is restricted
to psychological incapacity to
comply with the essential marital
obligations of marriage
involves a senseless, protracted and
constant refusal to comply with the
essential marital obligations by one
or both of the spouses although he,
she or they are physically capable of
performing such obligations (Chi
Ming Tsoi vs. CA)
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
10
JURISPRUDENTIAL GUIDELINES:
(Republic vs. Molina)
1. burden of proof belongs to the
plaintiff
2. root cause of the psychological
incapacity must be:
a. medically or clinically identified
b. alleged in the complaint
c. sufficiently proven by experts
d. explained in the decision
3. incapacity must be existing at the
time of the celebration of marriage
4. incapacity must be permanent or
incurable
5. illness is grave enough to bring about
disability
to
assume
marital
obligations
6. marital obligations refer to Art. 6871 of FC as well as Art. 220,221 and
225 of the FC
7. interpretations of the National
Appellate Matrimonial Tribunal of
the
Catholic
Church
of
the
Philippines while not controlling
should be given great respect.
8. trial
court
must
order
the
prosecuting attorney or fiscal and
the Solicitor General to appear for
the state.
JUDICIAL OF DECLARATION OF NULLITY
The absolute nullity of a
previous marriage may be
invoked
for
purposes
of
remarriage on the basis solely of
a final judgment declaring such
previous marriage void.
NOTES:
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
remain valid except if the donee
contracted the marriage in bad
faith;
4. The innocent spouse may revoke the
designation of the spouse in bad
faith as the beneficiary in any
insurance policy; and
5. The spouse who contracted the
subsequent marriage in bad faith
shall be disqualified to inherit from
the innocent spouse by testate or
intestate succession.
NOTE: The above effects apply in
voidable bigamous marriages. Except for
(1), the above effects also apply to
marriages which are annulled or
declared void ab initio under Art. 40 of
the Code.
DECLARATION OF PRESUMPTIVE DEATH
Requisites: (MR-BF)
1. That the absentee spouse has been
missing for 4 consecutive years or 2
consecutive
years
if
the
disappearance occurred where there
is
danger
of
death
under
circumstances laid down in Art.391
of the NCC
2. The present spouse wishes to
remarry;
3. The present spouse has well-founded
belief that the absentee is Dead;
4. The present spouse files a summary
proceeding for the declaration of
presumptive death.
NOTE: The
present
spouse
must
establish that he had a well-founded
belief required by law that his absent
wife was already dead that would sustain
the issuance of a court order declaring
presumptive death. In the case of RP vs.
Nolasco,
The
SC
believed
that
respondent Nolasco failed to conduct a
search for his missing wife with such
diligence as to give rise to a wellfounded belief that she is dead. When
he arrived in San Jose, Antique after
learning of his wifes departure, instead
of seeking the help of local authorities
or of the British embassy, he secured
another seamans contract and went to
CIVIL LAW COMMITTEE
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
12
Persons
Who May
Sue
1.Force,
Injured party
intimidation
, or undue
influence
2. Fraud
Injured party
Prescripti
ve Period
w/in
5
years from
the
time
the force,
intimidatio
n, or undue
influence
ceased
w/in
5
years from
the
discovery
of
fraud
w/in
5
years after
the
celebration
of
the
marriage
4. Insanity
(a)
sane
spouse who
has
no
knowledge of
the insanity
(b) relatives,
guardians or
persons having
legal
charge of the
insane
(c)
insane
spouse
5. Nonconsent
(a)
parent/
legal
guardian
having charge
of the noconsent
party
(b)
no
consent
party
Injured party
6. STD
(a) anytime
before the
death
of
either party
(b) anytime
before the
death
of
either party
(c) during
lucid
interval or
after
regaining
sanity
(a) anytime
before the
no
consent
party
reaches 21
(b) w/in 5
years after
reaching 21
w/in
5
years after
the
celebration
of
the
marriage
to
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
1. Either party is inflicted with a
sexually transmissible disease (STD)
ADDITIONAL
REQUIREMENTS
FOR
ANNULMENT OR DECLARATION OF
NULLITY
1.Prosecuting attorney or fiscal should:
a. Take steps to prevent collusion
between the parties
b. Take care that evidence is not
fabricated or suppressed
2.The following must be accomplished:
a. Partition and distribution of the
properties of the spouses
b. Delivery of the childrens
presumptive legitimes
c. Recording of the judgment of
annulment or absolute nullity.
NOTES:
There will be collusion only if the
parties had arranged to make it
appear that a ground existed or had
been committed although it was not,
or if the parties had connived to
bring about a matrimonial case even
in the absence of grounds therefore.
(Ocampo vs. Florenciano)
A grant of annulment of marriage or
legal separation by default is fraught
with danger of collusion. If the
defendant spouse fails to answer the
complaint, the court cannot declare
him or her in default but instead,
should
order
the
prosecuting
attorney to determine if collusion
exists between the parties.
However, petitioners vehement
opposition
to
the
annulment
proceedings negates the conclusion
that collusion existed between the
parties. Under these circumstances,
the
non-intervention
of
a
prosecuting attorney to assure lack
of collusion between the contending
parties is not fatal to the validity of
the proceedings in the trial court.
(Tuason vs. CA, GR 116607, April 10,
1996)
RULE ON DECLARATION OF ABSOLUTE
NULLITY OF VOID MARRIAGES AND
CIVIL LAW COMMITTEE
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
14
them.
The enumeration in Article 55
regarding
legal
separation
is
EXCLUSIVE. (Lacson vs. San JoseLacson)
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
Property Relations Between Husband &
Wife
Governed by:
1. marriage
settlements
executed
before the marriage or antenuptial
agreements
2. provisions of the Family Code
3. local
customs
(when
spouses
repudiate absolute community)
MARRIAGE SETTLEMENTS
It is a contract entered into by the
future
spouses
fixing
the
matrimonial property regime that
should govern during the existence.
Requisites:
made before celebration of marriage
in writing (even modifications)
signed by the parties
not prejudice third persons unless
registered in the civil registry
5. to fix terms and conditions of their
property relations
6. additional signatories
a. 18-21: parents
b. civil interdictees & disabled:
guardian
1.
2.
3.
4.
DONATIONS
PROPTER
NUPTIAS
ORDINARY
DONATIONS
IN
rules on ordinary
donations except
that if future
property is
donated, it must
conform with
formalities of wills
CIVIL LAW
Governed
by rules on
donations
(Arts. 725773, NCC)
Grounds
Art. 86, FC
for
revocation
Arts. 760,
764, & 765,
NCC
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
16
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
2. Accession if the cost of the
improvement of the plus value is
equal to or less than the value of the
principal property at the time of the
improvement, the entire property
becomes the exclusive property of
the spouse.
Steps In Liquidation Of CP: (DIRDO-DIP)
1. Inventory
of
the
Conjugal
Partnership of Gains assets
2. Restitution of advances made to
each spouse
3. Payment of debts to each spouse
4. Payment of obligations to third
parties
5. Delivery of exclusive properties
6. Payment of losses and deterioration
of movables belonging to each
spouse
7. Delivery of presumptive legitimes
8. Division of the net conjugal
partnership properties
NOTE: Property bought on installments
paid partly from exclusive funds of the
spouses and partly form conjugal funds:
a. If full ownership was vested
before the marriage it shall
belong to the buyer-spouse
b. If full ownership was vested
during the marriage - it shall
belong
to
the
conjugal
partnership
Charges Upon and Obligations Of AC
and CP:
1. Support for family except for
illegitimate children of either
spouse;
2. Debts and obligations which must
have been contracted:
a. by administrator-spouse for the
benefit of the family;
b. by both spouses; or
c. by one spouse with the consent
of the other;
3. Debts and obligations without
marital consent provided the family
was benefited;
4. All taxes, liens, charges and
expenses including major or minor
CIVIL LAW COMMITTEE
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
18
OF
UNIONS
Art. 148
Applicability
1. Without
legal
impediment to
marry
2. Void
marriages due
to absence of
formal
requisite
1. With legal
impediment to
marry
2. Adulterous
relationships
3. Bigamous or
polygamous
marriages
4. Incestuous
void marriages
under Art. 37
5. Void
marriages by
reason of
public policy
under Art. 38
Separately
owned by the
parties
Governed by
the rules on
coownership
Presumption
(prima
facie)
Presumption
of joint
acquisition
and equal
sharing as to
property
acquired
while they
live
together.
one of the
parties is in
good faith,
the share of
the party in
bad faith in
the coownership
shall be
forfeited:
a. in favor
Owned by
them in
common in
proportion to
their
respective
contributions
No
presumption of
joint
acquisition.
When there is
evidence of
joint
acquisition but
none as to the
extent of
actual
contribution,
there is a
presumption of
equal sharing.
If one of the
parties is
validly married
to another,
his/her share
in the coownership
shall accrue to
the absolute
community or
conjugal
partnership
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
of their
common
children; or
b. in default
of or in case
of waiver by
any or all of
the common
children or
their
descendants,
in favor of
the innocent
party.
existing in
such valid
marriage.
If the party
who acted in
bad faith is not
validly married
to another or
if both parties
are in bad
faith, such
share shall be
forfeited in
the manner
provided in the
last paragraph
of Article 147.
IN
CIVIL LAW
FAMILY HOME
GENERAL RULE: The family home is
exempt from execution, forced sale or
attachment.
EXCEPTIONS: (PLMN)
1. debts
incurred
prior
to
constitution
2. debts
due
to
laborers,
mechanics, architects, builders,
material men and others who
have
rendered
service
or
furnished materials for the
construction of the building
3. debts secured by mortgages
4. non-payment of taxes
Guidelines:
1. deemed constituted from time of
actual occupation as a family
residence
2. must
be
owned
by
person
constituting it
3. must be permanent
4. rule applies to valid and voidable
and even to common-law spouses
under Articles 147 and 148
5. continues despite death of one or
more spouses or unmarried head of
the family for 10 years, or as long as
a minor beneficiary lives
6. can constitute one (1) family home
only
PATERNITY AND FILIATION
Rule on Children Conceived as a Result
of Artificial Insemination
Status is legitimate child, provided
both husband and wife authorized or
ratified the insemination in a written
instrument which they executed and
signed before the birth of the child
Legitimate Children
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
20
GENERAL RULE:
Only those who
are conceived or born during a valid
marriage
EXCEPTIONS: (CAVALAC)
Those children who are
1. Conceived as a result of artificial
insemination
2. Born of a voidable marriage
before decree of annulment
3. Conceived or born
before
judgment of annulment or
absolute nullity under Art. 36 has
become final & executory
4. Conceived or born of subsequent
marriage under Art. 53
5. Of mothers who may have
declared against its legitimacy or
was sentenced as an adultress
6. Legally adopted
7. Legitimated, conceived and born
outside of wedlock of parents
without impediment at the time
of
conception
and
had
subsequently married
Illegitimate Children
GENERAL RULE: Those conceived and
born outside a valid marriage are
illegitimate.
EXCEPTIONS: Children who are:
1. born of marriages which are
void ab initio such as bigamous
and incestuous marriages and
marriage was declared void for
being contrary to law and public
policy
2. of voidable marriages born after
the decree of annulment
Rules on Impugning Legitimacy
A. Grounds (PBA)
1. physical impossibility of the husband
to have sexual intercourse with his
wife within the 1st 120 days of the
300 days immediately preceding the
childs birth, due to:
a. physical incapacity of the
husband;
b. husband and the wife were living
separately; or
c. serious illness of the husband
which
absolutely
prevented
sexual intercourse
2. biological or scientific proof that the
child could not have been that of the
husband; and
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
1. The record of birth appearing in the
civil registrar or a final judgment
2. An admission of legitimate (or
illegitimate) filiation in a public
document or a private handwritten
instrument and signed by the parent
concerned.
EXCEPTION: In the absence of any of
the foregoing evidence, such legitimate
or illegitimate filiation shall be proved
by:
1. Open and continuous possession of the
status of a legitimate or illegitimate
child;
2. Any other means allowed by the Rules
of Court and special laws.
NOTES:
Continuous does not mean that the
concession of status shall continue
forever but only that it shall not be
of an intermittent character while it
is continuous. The possession of such
status means that the father has
treated the child as his own, directly
and
not
through
others,
spontaneously
and
without
concealment
though
without
publicity. There must be a showing
of permanent intention of the
supposed father to consider the child
as his own by continuous and clear
manifestation of paternal affection
and care. (Mendoza vs. CA). The
paternal affection and care must not
be attributed to pure charity. Such
acts must be of such a nature that
they reveal not only the conviction
of paternity, but also the apparent
desire to have and treat the child as
such in all relations in society and in
life,
not
accidentally,
but
continuously. (Jison vs. CA)
The SC in Lim vs. CA, ruled that
petitioner was the father of his
illegitimate children because the
evidences convincingly show this.
Hence, it was the petitioner who
paid the bills for the hospitalization
of the mother when she gave birth.
He was the one who caused the
registration of the name of the child
CIVIL LAW COMMITTEE
IN
CIVIL LAW
Receive support
from parents
Use of mothers
surname
NOTE: However, RA
9255 amended
Article 176, FC
Receive support
according to FC
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
22
Entitled to the
legitime & other
successional rights
Legitime is of the
legitime of a
legitimate child
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
legitimate child of the other
2. one spouse seeks to adopt
his/her own illegitimate child
3. the spouses are legally separated
Who may be adopted:
1. any person below 18 years of age
who has been voluntarily committed
to the DSWD under P.D. 603 or
judicially declared available for
adoption
2. legitimate stepchild
3. illegitimate stepchild
4. qualified adult, who, prior to the
adoption, has been consistently
considered by the adopter as his/her
own child since minority;
5. child whose adoption has been
previously rescinded
6. child whose biological or adoptive
parents have died, provided that no
proceedings shall be initiated within
6 months from the time of death of
said parents
Consent in Adoption (BAILAS)
The WRITTEN CONSENT to the
adoption is required in the following
cases:
1. the adoptee, if 10 years of age or
over
2. biological parents or government
instrumentality
3. the legitimate/adopted children, 10
years old or over, of the adopter and
adoptee
4. the illegitimate children, 10 years
old or over, of the adopter if living
with the adopter and the latter's
spouse
5. spouse of the adopter and adoptee
Effectivity of Decree of Adoption
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
24
NOTES:
Only the adoptee is given the right
to rescind the decree of adoption
The adopter can NOT rescind the
decree of the adoption but he or she
may disinherit the adoptee.
Effects:
a.
Parental authority of adoptees
biological parents or legal custody of
DSWD shall be restored if adoptee is still
a minor or incapacitated.
b.
Reciprocal rights and obligations
of the adopter(s) and the adoptee to
each other shall be extinguished.
c.
The amended certificate of birth
of the adoptee shall be cancelled and its
original shall be restored.
d.
Succession rights shall revert to
its status prior to the adoption, but
vested rights shall not be affected.
B. Inter-Country Adoption Act of 1995
(R.A. No. 8043)
Inter-Country Adoption
The socio-legal process of adopting a
Filipino child by a foreigner or a Filipino
citizen permanently residing abroad
where the petition is filed, the
supervised trial custody is undertaken,
and the decree of adoption is issued
outside the Philippines.
Who may be adopted:
a. Only a legally-free child may be
the subject of inter-country adoption
NOTE: Legally-free Child - a child
who has been voluntarily or involuntarily
committed to the DSWD of the
Philippines, in accordance with the Child
Youth and Welfare Code.
b. No child shall be matched to a
foreign adoptive family unless it is
satisfactorily shown that the child
cannot be adopted locally.
Who may adopt:
Any alien or Filipino citizen
permanently residing abroad may
file an application for inter-country
adoption of a Filipino child if
he/she:
1. is at least 27 years of age and at
least 16 years older than the child
2.
3.
4.
5.
6.
7.
8.
9.
from
the
time
of
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
placement
1. starts upon actual physical transfer
of the child to the applicant who, as
actual custodian, shall exercise
substitute parental authority over
the person of the child.
2. the adopting parent(s) shall submit
to the governmental agency or
authorized and accredited agency,
which shall in turn transmit a copy
to the Board, a progress report of
the childs adjustment.
NOTES:
If the pre-adoptive relationship is
found unsatisfactory by the child or
the applicant or both, or if the
foreign adoption agency finds that
the continued placement of the child
is not in the childs best interest,
said relationship shall be suspended
by the Board and the foreign
adoption agency shall arrange for
the childs temporary care.
If a satisfactory pre-adoptive
relationship is formed between the
applicant and the child, the Board
shall submit the written consent to
the adoption to the foreign adoption
agency within 30 days after receipt
of the latters request.
A copy of the final decree of
adoption of the child, including
certificate
of
citizenship/naturalization whenever
applicable, shall be transmitted by
the foreign adoption agency to the
Board within 1 month after its
issuance.
NOTE: For a comprehensive discussion of
the procedural aspects of adoption,
please refer to A.M. No. 02-06-02-SC or
the Remedial Law Memory Aid
SUPPORT
everything
indispensable
for
sustenance,
dwelling,
clothing,
medical attendance, education and
transportation in keeping with the
financial capacity of the family
CIVIL LAW COMMITTEE
IN
CIVIL LAW
Kinds: (LJC)
1. Legal that which is required or
given by law
2. Judicial required by the court to be
given whether pendente lite or in a
final judgment
3. Conventional given by agreement
Characteristics: (PIN-ERV)
1. Personal
2. Intransmissible
3. Not subject to waiver or
compensation
4. Exempt from attachment or
execution
5. Reciprocal on the part of those who
are by law bound to support each
other
6. Variable
Persons obliged to support each other:
1. spouses
2. legitimate
ascendants
and
descendants
3. parents and their legitimate children
and the legitimate and illegitimate
children of the latter
4. parents and their illegitimate
children and the legitimate and
illegitimate children of the latter
5. legitimate brothers and sisters
whether full or half-blood
NOTE: Support shall be in proportion to
the resources or means of the giver and
to the necessities of the recipient.
Order of liability if several persons are
obliged to give support:
1. spouse
2. descendants in the nearest degree
3. ascendants in the nearest degree
4. brothers and sisters
NOTES:
When the obligation to give support
falls upon 2 or more persons
payment shall be divided between
them in proportion to the resources
of each, but in case of urgent need
and special circumstances, the court
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
26
1. property given by
the parents to the
child for the latter to
administer
the
Termination of PA
PERMANENT
1. death of the
parents
2. death of the
child
3. emancipation of
the child
4. subjected child
to sexual abuse
2. owned by
parents
3. parents are
usufructuary
the
4.
property
administered by the
child
TEMPORARY
1. adoption of the
child
2. appointment of a
general guardian
3.
judicial
declaration
of
abandonment
4. final judgment
divesting
the
parents of parental
authority
5.
judicial
declaration
of
absence or incapacity
of
the
parents exercising
parental authority
over the child
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
2. harsh or cruel treatment against the
child
FUNERALS
GENERAL GUIDELINES
1. duty and right to make arrangement
in funerals in accordance with
Article 199, FC
2. the funeral shall be in keeping with
the social position of the deceased
3. the funeral shall be in accordance
with the expressed wishes of the
deceased
a. in the absence of the expressed
wishes, his religious beliefs or
affiliation shall determine
b. in case of doubt, the persons in
Article 199, FC shall decide
4. any person who disrepects the dead
or allows the same shall be liable for
damages
Grounds for Change of First Name or
Nickname under R.A. No. 9048 (An act
authorizing City or Municipal Civil
Registrar or the Consul General to
Correct a Clerical or Typographical Error
in an Entry and/or Change of First Name
or Nickname in the Civil Registrar
Without need of a Judicial Order,
Amending for this Purpose Articles 376
and 412 of the Civil Code))
1. The petitioner finds the first name
or nickname to be ridiculous, tainted
with dishonour or extremely difficult
to write or pronounce
2. The new first name or nickname has
been habitually and continuously
used by the petitioner and he has
been publicly known by that first
name or nickname in the community
CIVIL LAW COMMITTEE
IN
CIVIL LAW
PRESUMPTION OF DEATH
ORDINARY
ABSENCE
EXTRAORDINARY/
QUALIFIED
ABSENCE
a. 7 YEARS, person
presumed dead for all
purposes except for
those
of
opening
succession
b.
10 YEARS, person
presumed dead for
purposes of opening
succession except if he
disappeared after the
age of 75, in which
case, a period of 5
years is sufficient
c.
4 YEARS, person
presumed dead for
purposes of remarriage
of the spouse present
For
all
purposes
including
those
of
opening succession, a
period of 4 YEARS, and
for
purposes
of
remarriage
of
the
spouse
present,
a
period of 2 YEARS, is
sufficient under the
following
circumstances:
a. person on board a
vessel lost during a sea
voyage or an aeroplane
which is missing; period
is counted from the
loss of the vessel or
aeroplane
b. person in the armed
forces who has taken
part in war
c. person in danger of
death
under
other
circumstances and his
existence has not been
known
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)