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Included:
All laws and not only to those of general Evasion of the law would be facilitated,
application. All laws that relate to the and the administration of justice defeated,
people in if persons could successfully plead
general including those that do not apply ignorance of the law to scape the legal
to them directly.
Exceptions:
Prospective Application of Laws
1. When the law itself authorizes its
General Rule validity although generally they would
have been void.
Laws are to be construed as having only
prospective operation. Lex prospicit, non 2. When the law makes the act valid,
respicit. but punishes the violator.
3. Where the law merely makes the act
Exceptions voidable, that is, valid unless
annulled.
It is the sworn duty of the judge to apply If months are designated by their name,
the they shall be computed by the number of
law without fear or favor, to follow its days hey respectively have.
mandate, not to temper with it. What the
law grants, the court cannot deny. Cases
An action for recovery of what has been 1. there must be an acute public want
paid or delivered without just cause or or emergency;
legal ground. 2. the person seeking to stop it must
be a government or private
Requisites: charitable institutions
- aptitude of being the subject, active or If the fetus had an intrauterine life of less
passive, of rights and obligations than 7 months, it is not deemed born if it
dies within 24 hours after its complete
delivery from the maternal womb.
Juridical Capacity Capacity to act
Juridical persons
Elements of Domicile
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.
3. Mistake in identity
Effects: 4. Marriages void under Art. 53
contracted following the annulment or
Lack of Marriage is VOIDABLE
declaration of nullity of a previous
parental marriage but before partition
consent
5. Psychological incapacity
Lack of Of NO EFFECT on the
parental validity of marriage 6. Incestuous marriages
advice or 7. Marriage void for reasons of public
lack of However, this will suspend
policy
marriage the issuance of the marriage
counseling license for a period of Divorce by Foreigner- Spouse
3months from the
If a Filipino is married to a foreigner and
completion of publication of
the latter subsequently obtains a valid
the application for marriage divorce abroad capacitating him/her to
license. remarry, the Filipino spouse shall likewise
have the capacity to remarry under the
If the parties get Philippine law. (Art. 26 par. 2)
married during the 3-
month period without Requisites:
a license, the a.) There is a valid marriage that
marriage shall be had been celebrated between
VOID. Filipino citizen and a foreigner
2. Republic vs. Iyoy G.R. NO. 15277 3. Solemnized without marriage lic-
September 21, 2005- For the second ense (Except when license not
paragraph of Article 26 to apply, a spouse required)
who obtained the divorce must not be a
Filipino at the time of the divorce. If 4. Bigamous or polygamous
the obtaining-spouse is still a Filipino at marriages
the time of the divorce, then the divorce Except: Art. 41 marriage
is not recognized in the Philippines. The contracted by a person whose
root cause in psychological incapacity spouse has been absent for 4
must still be determined even if there is years (ordinary absence) or 2
no requirement that a personal years(extraordinary absence),
examination of the respondent be made where such person has a well
prior to a declaration of nullity of marriage. founded belief that his/her absent
Office of the Solicitor General has spouse is already dead, and after
personalityto appeal a decision in a declar the absent spouse is judicially
ation-of-nullity of marriage case. declared presumptively dead
3. Republic vs. Obrecido G.R. NO. 5. Mistake in identity
154380 October 5, 2005- Orbecido and
Villanueva were married and had2 6. Subsequent marriage void unde
children. Wife went to us and was r Art. 53
naturalized as an American citizen. He
later found that his wife obtained a divorce Art. 53 provides that a person
decree and married a foreigner. He filed a whose marriage has been annulled
petition for authority to remarry invoking may remarry as long as he
Article 26 of the FC, which the court complies with Art. 52 which
granted. requires that after the marriage is
annulled the properties of the
HELD: Petition for authority to marry spouses must be partitioned and
was treated as Petition for declaratory distributed and the presumptive
relief. The determination of when the legitimes of the children be
spouse who obtained a divorce was a distributed. Furthermore, the
foreigner is at the time of the divorce not judgment of annulment or absolute
at the time of the celebration of the nullity, the partition and distribution
marriage. The proper remedy for the of the spouses properties, and the
Filipino spouse need not be annulment for delivery of the childrens
this would be long, tedious and not presumptive legitimes must be
feasible (considering that the marriage recorded in the appropriate civil
appears to have the badges of validity); it registry and registries of property.
is not also legal separation as this will not Failure to comply with these
sever the marriage tie. requisites will make the
subsequent marriage void ab initio
NOTE: Where there was failure to record in NOTE: The above effects apply in voidable
the civil registry and registry of property bigamous marriages. Except for (1), the
the judgment of annulment or absolute above effects also apply to marriages
nullity of the marriage, the partition and which are annulled or declared void ab
distribution of the property of the spouses, initio under Art. 40.
The STD is a ground The STD is a type PETITION FOR ANNULMENT OF VOIDABLE
for annulment of fraud which in MARRIAGES:
turn is aground for
annulment
Who may file:
The STD does not The STD must be
have to be concealed 1. contracting party whose parent, or
concealed guardian, or person exercising substitute
parental authority did not give his/her
The STD must be The STD does not consent, w/in 5 years after attaining the
age of 21 unless after attaining the age of
serious and have to be serious
21, such party freely cohabited with the
incurable and appears other as husband and wife; or the parent,
incurable guardian or person having legal charge of
the contracting party at any time before
It is the The STD itself is such party has reached the age of 21
concealment, and the ground for
not the STD, which annulment 2. the sane spouse who had no
knowledge of the others sanity; or by any
gives rise to the
relative, guardian, or person having legal
annulment charge of the insane, at any time before
the death of either party; or by the insane
spouse during a lucid interval after
regaining sanity, provided that the
petitioner, after coming to reason, has not
A.M. N O. 02-11-10 SC- Proposed Rule freely cohabited with the other husband
on Declaration of Absolute Nullity of and wife;
Void Marriages and Annulment of
3. the injured party whose consent was
Voidable Marriages
obtained by fraud, w/in 5 years after the
Scope discovery of the fraud, provided that said
party, with full knowledge of the fact
Petitions for declaration of absolute constituting the fraud, has not freely
nullity of void marriages and annulment of cohabited with the other husband and
voidable marriages under the Family Code wife;
4. Collusion
TITLE II. LEGAL SEPARATION
5. Mutual guilt
Exception: The other spouse may object It is a CONTRACT entered into by future
on valid, serious and moral grounds. In spouses fixing the matrimonial property
case of disagreement, the court shall
regime that should govern during the
decide whether
existence of the marriage. (Paras, 2008, p
a. The objection is proper AND 515)
Additional Requirements
YES. Any modification, however, should
be made BEFORE the celebration of the FACTUAL ADDITIONAL
marriage subject to certain exceptions. SITUATION REQUIREMENT
Modifications after the marriage If one or both The ff. must be made
ceremony
parties are: party/parties to the
1. REVIVAL of former property marriage settlement
regime between reconciling
spouses after a decree of legal 18-21 years old Father, mother,
separation has been issued and surviving parent or
any forfeiture executed (ARTS 66 guardian, or persons
& 67, FC) having charge of
2. PETITION for receivership, for party/ies concerned
judicial separation of property, or
for authority to be the sole Sentenced with Guardian appointed
administrator of absolute
civil interdiction by a competent court
community property/conjugal
partnership property in case of
Disabled Guardian appointed
abandonment or failure to comply
with marital obligations by one by a competent court
spouse (ARTS 101 & 128, FC)
3. Judicial SEPARATION of property
for sufficient cause (ART 135, FC) Necessity of Registration
4. VOLUNTARY dissolution of
absolute community
property/conjugal partnership Registration of marriage settlements is
property through a verified petition NECESSARY to bind third persons. It
for separation of property (ART should be made in:
136, FC)
1. Local civil registry where marriage
Requisites of a Valid Marriage contract was recorded; and
Settlement 2. Proper registries of property.
1. In writing
C. Waiver of Rights
N. Void Donations by Spouses GEN RULE: NOT ALLOWED
GEN RULE: Every donation or grant of
gratuitous advantage, direct or
XPN:
A. Procedure (R2-D4-IPA)
Time of donors
7. Donee committed any act of ingratitude. 5 years knowledge of the
commission of any
act of ingratitude
with it civil
F. Separation of Property of the interdiction
Spouses and Administration of (2) Spouse of (2) Reappearance of
Common Property by One Spouse petitioner is absentee spouse
During the Marriage, Arts. 134-142 judicially
declared an
Art. 134, Family Code. In the absence absentee
of an express declaration in the (3) Loss of parental (5) Restoration of
marriage settlements, the separation of authority of the parental authority
property between spouses during the spouse of to the spouse
marriage shall not take place except by petitioner has previously
judicial order. Such judicial separation been decreed by deprived of it
of property may either be voluntary or the court
for sufficient cause. (4) Spouse of (4) When the
petitioner has spouse who left
Judicial separation of property may abandoned the the conjugal
either be (1) voluntary or (2) for latter or failed to home without
sufficient cause. comply with his legal separation
or her resumes common
Q: In what ways can there be judicial obligations to life with the other
separation of property? the family
A: Judicial separation of property may (5) The spouse (3) When the court,
either be voluntary or for sufficient cause. granted the being satisfied
power of that the spouse
Q: What are the sufficient causes for administration in granted the
judicial separation of property? the marriage power of
A: CJ LASA settlements has administration in
1. Civil interdiction of the spouse of abused that will not again
petitioner; power abuse that power,
2. Judicial declaration of absence; authorizes the
3. Loss of parental authority as decreed resumption of
by the court; said
4. Abandonment or failure to comply with administration
family obligation; (6) At the time of (6) Reconciliation
5. Administrator spouse has abused the petition, the and resumption of
authority; spouses have common life of
6. Separation in fact for one year and been separated the spouse who
reconciliation is highly improbable. in fact for at have separated in
least 1 year and facts for at least 1
A. Sufficient Causes and Grounds reconciliation is year
for Return to Previous Regime highly
improbable.
(7) When after
Sufficient Causes Grounds for voluntary
for Judicial Return to Previous dissolution of the
Separation of Regime ACP or CPG has
Property (Art. (Art. 141) been judicially
135) (CALASA) decreed upon the
(1) Spouse of (1) Termination of joint petition of
petitioner has the civil the spouses, they
been sentenced interdiction agree to the
to a penalty revival of the
which carries
Properties acquired
by both through
1. man and
woman
work or industry
Owned in
2. living 1. man and Governed by common in
together as woman rules on co- proportion to
husband and 2. living ownership respective
wife together as contribution
3. with capacity husband
to marry and wife
(Art.5 3. NOT
Owned in
without any capacitated
equal shares
legal to marry
since it is
impediment) (Art.35(1) No
Was the marriage of Roderick and Faye A: No she cannot be legitimated by the
valid? marriage of her biological parents. In the
first place she is not, under the law, the
A: The marriage was void because there child of Roderick. In the second place, her
was no marriage license. Their marriage biological parents could not have validly
was not exempt from the requisite of a married each other at the time she was
marriage license because Roderick and conceived and born simply because Faye
Faye have not been cohabiting for at least was still married to Roderick at that time.
5 continuous years before the celebration Under Article 177 of the Family Code, only
of their marriage. Their lovers trysts and children conceived or born outside of
brief visitations did not amount to wedlock of parents who, at the time of the
cohabitation. Moreover, the Supreme conception of the child were not
Court held that for the marriage to be disqualified by any impediment to marry
exempt from a license, there should be no each other, may be legitimated. (2008 Bar
impediment for them to marry each other Question)
during the entire 5 years of cohabitation.
Roderick and Faye could not have
cohabited for 5 years of cohabitation.
Roderick and Faye could not have been
cohabited for 5 continuous years without
ADOPTION is a juridical act which creates between two persons a relationship similar to
that which results from legitimate paternity and filiation.
(Asked in 76, 77, 85, 94, 95, 96, 00, 01, 03, 04, 05, 07, 08 bar exams)
LEGITIMATION ADOPTION
The law merely creates by fiction
The law merely makes legal what
a relation which did not in fact
exists by nature
exist
Persons
Only natural children Generally applies to strangers
affected
Procedure Extrajudicial acts of parents Always by judicial decree
Who applies Husband and wife adopt jointly
Only by both parents
with exceptions (RA8552)
Effect Same status and rights with that
of a legitimate child not only in Creates a rel. only between the
relation to the legitimizing child and the adopting parents
parents but also to other relatives
A. RA 8552 Domestic Adoption professional, business, or
Law emergency reasons are
allowed) in RP prior to
the filing of application
1. Who can adopt (Sec. 7) and maintains such
residence until the decree
Filipino Citizens is entered
a. Of legal age d. Has been certified by
b. In possession of full civil his/her diplomatic or
capacity and legal rights consular office or any
c. Of good moral character appropriate government
d. Has not been convicted agency that he/she has
of any crime involving the legal capacity to
moral turpitude adopt in his/her country
e. Emotionally and e. His/her government
psychologically capable allows the adoptee to
of caring for children enter his/her country as
f. At least sixteen (16) his/her adoptee
years older than adoptee, f. Has submitted all the
except when adopter is necessary clearances
biological parent of the and such certifications as
adoptee or is the spouse may be required
of the adoptees parent
g. In a position to support **Items numbers c, d
and care for his/her and e may be waived
children in keeping with
under the following
the means of the family
circumstances:
a. Adopter is a former
Aliens
Filipino Citizen who
a. Possession of the same
seeks to adopt a relative
as the qualifications for
within the 4th degree of
Filipinos
consanguinity or affinity
b. His/her country has
diplomatic relations with
b. One who seeks to adopt
the Philippines
the legitimate or
c. Has been living
illegitimate child of his/her
continuously for 3 years
Filipino spouse
(provided that absences
c. One who is married to a
not exceeding 60 days
Filipino Citizen and seeks
per 1 year for
University of the Cordilleras
College of Law | 60
CIVIL LAW
to adopt jointly with c. An illegitimate child by a
his/her spouse a relative qualified adopter to improve
within the 4th degree of the childs status to that of
consanguinity or affinity legitimacy
of the Filipino spouse d. A person of legal age if, prior to
the adoption, said person has
Guardians been consistently considered
With respect to theirs and treated by the adopter(s)
ward after the termination as his/her child since minority
e. A child whose previous
of the guardianship and
adoption has been rescinded
clearance of his/her f. A child whose biological or
accountabilities. adoptive parent(s) has died,
provided that no proceedings
shall be initiated within 6
Husband and wife shall adopt months from the time of death
jointly, EXCEPT of said parent(s)
1. if one spouse seeks to
adopt the legitimate child Consent Necessary for Adoption
of the other (Sec. 9)
2. if one of the spouse 1. The prospective adoptee if 10
seeks to adopt his/her years or older
illegitimate child provided 2. The prospective adoptees
that other spouse has biological parents, legal
signified his/her consent guardian or the government
3. if spouses are legally instrumentality or institution
separated from each that has custody of the child
other 3. The prospective adopters
** if spouses jointly adopt, legitimate and adopted children
parental authority shall be who are ten years or over and,
exercised jointly if any, illegitimate children
living with them
4. The spouse, if any, of the
2. Who can be adopted (Sec. 8) person adopting or to be
adopted.
a. Any person below 18 years old
who has been administratively Note: A decree of adoption shall be
or judicially declared available effective as of the date the original
for adoption petition was filed. It also applies in
b. The legitimate child of one case the petitioner dies before the
spouse by the other spouse issuance of the decree of adoption
to protect the interest of the adoptee.
Option in giving support the person Concept Pursuant to the natural right
obliged to give support shall have the and duty of parents over the person and
option to fulfill the obligation either by property of their unemancipated
paying the allowance fixed, or by children, parental authority and
receiving and maintaining in the family responsibility shall include the caring for
dwelling the person who has a right to and rearing of such children for civic
receive support. The latter alternative consciousness and efficiency and the
cannot be availed of in case there is a development of their moral, mental and
moral or legal obstacle thereto. physical character and well-being.