1

CIVIL LAW REVIEW NOTES I address t h e need it should

apply retroactively
5. Law that creates new substantive rights for
PRELIMINARY TITLE the first time
ART. 2;Laws shall take effect after fifteen days a. Ex PROOF of FILIATION under FC-
following the completion of their publication in illegitimate children
the Official Gazette, unless it is otherwise 6. Interpretative--
provided. This Code shall take effect one year a. To understand the old law better
after such publication. 7. Law provides retroactivity--
a. when the law expressly provides for
Publication is indispensable; to inform the public of its own retroactivity ex FAMILY CODE
the existence of particular law; MOREOVER if its 8. Penal--
PENAL in character to inform the people of the a. favorable to the accused; and
penalty on every violations---it should not violate the accused is not recidivist/ not habitual
DUE PROCESS clause delinquent
b. Ex. law was passed to suspend death
GR: publication should be in the OG penalty: downgraded to reclusion
But with the amendment made by Cory Aquino EO 200 perpetua
based on TANADA V TUVIERA; may be published in
NEWSPAPER OF GENERAL CIRCULATION ART 5: Acts executed against the provisions of
mandatory or prohibitory laws shall be void,
...unless otherwise provided (Art 2): under the except when the law itself authorizes their
plenary power of the congress it may either shorten validity.
or lengthen the period of publication
***under FC: absence of any of the any essential or
GR: publication after 15 days formal=marriage is void
*Lawful consequence authorized by
What laws should be publilshed? the FC: marriage with a person who is
--all laws, executive orders if there is delegation psychologically incap:VOID-- lawful consec:
from the pres, admin rules and regulations if there is filiation of the children under such marriage
delegation of admin power to implement the basic before the declaration of the nullity of
law marriage : LEGITIMATE

ART 3: ignorance of the law excuses no one from NOTE: if the marriage is VOID=DECLARATION OF
compliance therewith. NULLITY OF MARRIAGE; marriage is
VOIDABLE=ANNULMENT OF MARRIAGE
***cannot invoke as a defense;
PUBLICATION: constructive notice to all; presumed to ART 6: Rights may be waived, unless the waiver is
know the law contrary to law, public order, public policy,
morals, or good customs, or prejudicial to a third
ART 4: laws shall have no retroactive effect; person with a right recognized by law.
unless the contrary is provided
GR: all rights MAY be waived
GR: laws shall take prospective effect XPN:
XPN retroactivity: (law) 1. Waiver must not be contrary to law, public
1. Curative-- order, public policy, morals, good customs
a. To cure the defect of the old law; 2. Waiver must not be prejudicial to a third
new law shall be applied retroactively person who has already acquired a vested
to attain its purpose right
2. Procedural--
a. SC amends the rules of court through ELEMENTS OF A VALID WAIVER OF A RIGHT
Circulars; substantial laws are not 1. Existence of a right
prejudiced (no substantial right will 2. Knowledge of that right
be impaired) 3. Waiving the right; intelligently and
3. Emergency voluntarily
a. laws before approved it take a while 4. Intention to relinquish or renounce that right
before a bill becomes a tax law; to 5. Legal capacity to waive the right
address the need it should apply 6. Personal right
retroactively
4. Tax-- ART 7: Laws are repealed only by subsequent ones,
a. A need for additional revenue: laws and their violation or non-observance shall not be
before approved it take a while excused by disuse, or custom or practice to the
before a bill becomes a tax law; to contrary.

BERNARDO CIVIL LAW 1 REVIEWER part 1

When the courts declared a law to be inconsistent lawmaking body intended right and justice to
with the Constitution, the former shall be void and prevail.
the latter shall govern. *** basis of the decision of the judge; on the facts,
Administrative or executive acts, orders and law of the case, and pieces of the evidence
regulations shall be valid only when they are not
contrary to the laws or the Constitution. ART 11 Customs which are contrary to law, public
order or public policy shall not be countenanced.
TWO KINDS OF REPEAL - there is no law that will be a basis; no
1. Express judgement is not allowed but may acquit;
a. Indicated in the new law that it is may base its judgement based on CUSTOMS,
expressly repealing the old law
2. Implied Custom- acts of a mass of people which has been
a. Two laws which are Inconsistent with practiced over a long period of time; PLURALITY OF
each other; ACTS;REPETITIVE and KNOWLEDGE that it is not
b. Elements of Implied repeal contrary to law, public policy, public order, good
i. New law is inconsistent with customs and morals
the old law
ii. Both laws speak of the same ART 12:A custom must be proved as a fact,
subject matter; which cannot according to the rules of evidence.
be implemented at the same - under the rules on evidence; custom must be
time proved not alleged;
iii. New law will prevail; new law
considered as the effective ART 13: date and time; months
law ***for the prescriptive period: exclude first day, and
include the last day
Par 2 art 7when laws become ineffective
CONSTI prevails; fundamental law of the land; if ART 14; Penal laws and those of public security
there is a law that is violative of the constitution; and safety shall be obligatory upon all who live or
then should be declared unconstitutional sojourn in the Philippine territory, subject to the
principles of public international law and to
Judiciary will declare the law unconsti treaty stipulations.
- penal laws and those public safety and
Par 3 admin rules and regs which implement a basic security are obligatory subject to
law international laws
Can that admin rules and regs amend, expand and
modify the basic law? GR: all persons whether citizens or foreigners who
-it cannot be valid and the BASIC LAW merely sojourn in our country are governed by the PH
prevails penal laws and laws on public safety and security
- implementing rules and regs; are only for XPN:
implementation therefore, they cannot amend, they 1. EXTERRITORIALITY- a foreign nationals is not
cannot expand and modify the basic law within the PH territorial jxdn because he is
the head of state or an ambassador; he is the
When law becomes ineffective: Law lapses by its own representative of his own country--if violated
term our laws; we send them back to their country
and consider them persona non grata
ART. 8 Judicial decisions applying or interpreting
the laws or the Constitution shall form a part of 2. EXTRATERRITORIALITY- personality which are
the legal system of the Philippines. out of our territorial jxdn because of treaties
and executive agreements;
decisions of the supreme court become judicial a. Ex. Mililtary bases agreement
precedence; they become part of the law of the land
(jurisprudence) NATIONALITY DOCTRINE
ART 15. Laws relating to family rights and duties,
***decisions of CA and RTC are HIGHLY PERSUASIVE or to the status, condition and legal capacity of
but they do not become part of the law of the land persons are binding upon citizens of the
Philippines, even though living abroad.
ART 9; No judge or court shall decline to render
judgment by reason of the silence, obscurity or What matters that govern:
insufficiency of the laws. 1. Family rights and duties
judge shall prepare persoanlly the decision 2. Condition
3. Legal status
ART 10:In case of doubt in the interpretation or 4. Legal capacity
application of laws, it is presumed that the ***all are governed by PH laws regardless where the
Filipino citizen is
 - Immaterial whether it is done willfully or
XPN: ART 26 par 2 FC: one of the husband and wife negligently
become a foreigner; who obtained a divorce decree - Contrary to law
in accordance with his new national law - Damages will be given to the person injured
***effect both are allowed to remarry by the one who committed the act either
negligently or intentionally
NOTE: FILIPINO CITIZENS (both) cannot obtain a
divorce decree in other country ART 21: Any person who willfully causes loss
or injury to another in a manner that is contrary
ART 16; to morals, good customs or public policy shall
GR: par 1 : real property and personal property compensate the latter for the damage.
governed by the law of the country where it is - Act must be done willfully or intentionally
situated (lex rei situs/sitae) - Contrary to morals(CONTRA BONUS MORES)
- The act is committed not contrary to law but
XPN: par 2 in cases of testamentary intestate contrary to law, morals , public policy, public
succession; order and good customs
● Order of succession;
● Amount of successional right and ART 22: Every person who through an act of
● Intrinsic validity; performance by another, or any other means,
****governed by the national law acquires or comes into possession of something at
of the testator whose succession is under the expense of the latter without just or legal
consideration; regardless of the nature of the prop ground, shall return the same to him.
and the place where it is located (intrinsic validity: - SOLUTIO INDEBITI- unjust enrichment;
distribution of the estate, distribution of the obligation to return from someone who
properties of the decedent) received something which he has no legal
right to receive; failure to return :liable for
ART 17 validity of docs (public instruments, damages
contracts)-
GR: the formalities and the solemnities in the ART 23:Even when an act or event causing damage
execution of public instrument, contract or a will; to another's property was not due to the fault or
will be governed by the law of the place where it was negligence of the defendant, the latter shall be
executed (lex loci celebrationis) liable for indemnity if through the act or event he
was benefited.
XPN: - Not negligent; but benefited hence should
1. when the contract has been executed in a indemnify
consular of a country; such country shall
govern the contract; REASON: consular office PRINCIPLE OF PARENS PATRIAE
is the extension of the territory of the such ART 24: In all contractual, property or other
country relations, when one of the parties is at a
2. Par. 3 art 17: acts which are violative of disadvantage on account of his moral dependence,
mandatory/ prohibitory law of PH (ex. ignorance, indigence, mental weakness, tender age
Divorce decree obtained in another country) or other handicap, the courts must be vigilant for
his protection.
ABUSE OF RIGHTS PRINCIPLES - protection from the state; through the courts
- Minor, mentally weak, the indigent
ART 19:-every person must in the exercise of their
rights and in the performance of their duties act ART 25: Thoughtless extravagance in expenses for
with justice, give everyone his due, and observe pleasure or display during a period of acute public
honesty and good faith. want or emergency may be stopped by order of
the courts at the instance of any government or
***standard or normal conduct which should be private charitable institution.
complied with as members of the civilized society; if - extravagance on state emergency
violated penalties are given under ARTS 20 &21
ELEMENTS
ELEMENTS OF ABUSE OF RIGHT 1. Declaration of a national emergency
1. There is a legal right or duty 2. There is thoughtless extravagance
2. Exercised in bad faith 3. Any head of government or private
3. Only to prejudice another person charitable institution; shall be the one to go
to court for the abatement of the thoughtless
Penalties extravagance
ART 20: Every person who, contrary to law, ***to prevent chaos and disorder
willfully or negligently causes damage to
another, shall indemnify the latter for the same. RIGHT FOR PRIVACY AND DIGNITY
payment of damages
 ART 26:Every person shall respect the dignity, in case the complaint should be found to be
personality, privacy and peace of mind of his malicious.
neighbors and other persons. The following and
similar acts, though they may not constitute a If in a criminal case the judgment of acquittal is
criminal offense, shall produce a cause of action based upon reasonable doubt, the court shall so
for damages, prevention and other relief: declare. In the absence of any declaration to that
effect, it may be inferred from the text of the
(1) ) Prying into the privacy of another's decision whether or not the acquittal is due to
residence: that ground.

(2) Meddling with or disturbing the private life or GR: if there is acquittal based on reasonable doubt:
family relations of another; accused is liable for payment of civil indemnity
XPN: there was a declaration from the judgment: that
(3) Intriguing to cause another to be alienated the facts where the civil liability may arise do not
from his friends; exist

(4) Vexing or humiliating another on account of his ART 30: When a separate civil action is brought to
religious beliefs, lowly station in life, place of demand civil liability arising from a criminal
birth, physical defect, or other personal condition. offense, and no criminal proceedings are
instituted during the pendency of the civil case, a
preponderance of evidence shall likewise be
- May file civ action sufficient to prove the act complained of.

ART 27: suffers material loss in failure to perform ART 31: When the civil action is based on an
duty of a public officer (ONLY MINISTERIAL) obligation not arising from the act or omission
- Public officer neglects his ministerial complained of as a felony, such civil action may
function; may file action against the PO proceed independently of the criminal proceedings
- Civil and regardless of the result of the latter.
- Administrative - File a separate civil action based only on
- Criminal preponderance of evidence; but under crim
pro; once crim action has been filed, the civil
2 kinds of functions of a PUBLIC officer aspect is impliedly instituted; civil action is
1. Discretionary suspended (source of obli is delict)
2. Ministerial
ART 32: any public officer/ private person;shall be
ART 27: UNFAIR COMPETITION liable for damages
- Competition among manufacturers and Acts that may be violated: constitutional rights under
suppliers the Bill of Rights
- When violated; may institute independent
ART 28: civil action
- Person facing a criminal proceeding (quantum
of proof: beyond reasonable doubt) ART 33: Criminal offenses: may also file separate or
- REMEDY: When acquittal based on independent civil action
reasonable doubt: may file civil - Fraud includes libel/ slander
action based on the same act; based - Defamation includes estafa/swindling
on delict - Physical injuries include murder, homicide,
serious, slight
SOURCES OF OBLIGATIONS:
1. Laws ART 34: police officers who refuse to render aid or
2. Contracts protection to a person in case of danger; liable for
3. Quasi contracts damages (since public officer civ, crim and admin)
4. Delicts - municipality/province are no longer
***in criminal action: two entities injured: subsidiary liable; because police are no
(1.) State-when law was violated the state is injured: longer under the control of the LGU
reparation from the state: imprisonment
(2.) Private aggrieved party: reparation : damages ART 35: source of obligation:delict no information has
not yet been filed; civil action may still be filed;
ART 29:When the accused in a criminal however once the crim proceeding has already been
prosecution is acquitted on the ground that his initiated, civil action shall be suspended
guilt has not been proved beyond reasonable
doubt, a civil action for damages for the same act ART 36: PREJUDICIAL QUESTION
or omission may be instituted. Such action - Pre-judicial questions which must be decided
requires only a preponderance of evidence. Upon before any criminal prosecution may be
motion of the defendant, the court may require instituted or may proceed, shall be governed
the plaintiff to file a bond to answer for damages
 by rules of court which the Supreme Court exempt the incapacitated person from certain
shall promulgate and which shall not be in obligations, as when the latter arise from his acts or
conflict with the provisions of this Code. from property relations, such as easements.
Elements:
1. Previously instituted civil action ART 39: The following circumstances, among others,
2. The issues are the same or intimately modify or limit capacity to act: age, insanity,
related to each other; imbecility, the state of being a deaf-mute, penalty,
3. The resolution of the civil action will prodigality, family relations, alienage, absence,
determine whether the crim action will insolvency and trusteeship. The consequences of
proceed/ the guilt/ innocence of the these circumstances are governed in this Code, other
accused codes, the Rules of Court, and in special laws.
Capacity to act is not limited on account of religious
NOTED: Motion to Suspend the Criminal Case may be belief or political opinion.
filed by the accused (ex Prejud Question : BIGAMY; A married woman, twenty-one years of age or
declaration of nullity if filed will make the crim over, is qualified for all acts of civil life, except in
action subject to a prejudicial question) cases specified by law.

ART 37:Juridical capacity, which is the fitness to be WHAT cannot be done by a person below 18:(null and
the subject of legal relations, is inherent in every void)
natural person and is lost only through death. - Cannot enter into special CONTRACT OF
Capacity to act, which is the power to do acts with MARRIAGE
legal effect, is acquired and may be lost However, a minor can enter into a contract; merely
voidable (valid until annulled)
- Juridical cap is inherent to every person; to
be subject to in legal relation Cannot be done by blind, deaf, deaf-mute, insane:
- An unborn child already has a - Cannot be a witness to a will
juridical capacity; if the child will be However, contract entered into by the preceding
subject to legal relation (can be a are VOIDABLE
donee or an heir)
- In order for a child to receive as an Cannot be done by husband and wife:
heir; the child must be born in - They cannot donate, sell to each other
accordance to ART 41. - XPN: Donation may only be moderate gifts on
family rejoicing
ART 41: For civil purposes, the fetus is considered
born if it is alive at the time it is completely Cannot be done by one who is not of sound mind:
delivered from the mother's womb. However, if the - Cannot be a testator (to be qualified: legal
fetus had an intra-uterine life of less than seven age and a sound mind)
months, it is not deemed born if it dies within
twenty-four hours after its complete delivery from Cannot be done by a prodigal, spendthrift or an
the maternal womb. insolvent:
- Cannot manage own property or dispose own
- If intrauterine life of 7 mos; to be considered property
born; enough to be alive when completely
delivered from the womb Cannot be done by an alien or foreigner:
- The 24-hr survival only applies if - Cannot acquire private lands in PH
there is an intra uterine life of LESS - XPN: by hereditary succession
than 7 mos.
ART 40: Birth determines personality; but the
DISTINGUISH JURIDICAL CAPACITY FROM CAPACITY TO conceived child shall be considered born for all
ACT purposes that are favorable to it, provided it be born
JC: inherent to every person later with the conditions specified in the following
CA: legal age 18 or above article.
**even the fetus has already juridical capacity but no
capacity to act; moreover, it must be born under Presumption: must be born in accordance with Art. 41
ART 41
- If there is a donation in favor of the child; ART 42: Civil personality is extinguished by death.
the parent/authorized guardian may accept The effect of death upon the rights and obligations of
the donation on behalf of the child; because the deceased is determined by law, by contract and
the fetus has no capacity to act yet by will.

RESTRICTIONS/MODIFICATION of CAPACITY TO ACT ***However, if a valid will has been executed; and
ART 38: Minority, insanity or imbecility, the state of the testator died; will shall take effect; respect the
being a deaf-mute, prodigality and civil interdiction provisions of the will
are mere restrictions on capacity to act, and do not
ART 43: If there is a doubt, as between two or more undue influence, no violence: VOLUNTARILY,
persons who are called to succeed each other, as to INTELLIGENTLY and FREELY given
which of them died first, whoever alleges the death
of one prior to the other, shall prove the same; in the FORMAL REQUISITES:
absence of proof, it is presumed that they died at the ART 3: The formal requisites of marriage are:
same time and there shall be no transmission of rights (1) Authority of the solemnizing officer;
from one to the other. (2) A valid marriage license except in the cases
provided for in Chapter 2 of this Title; and
***one who alleged who has died first; if not it is (3) A marriage ceremony which takes place with the
presumed that both has died at the same time appearance of the contracting parties before the
***applicable if parties are inheriting or succeeding to solemnizing officer and their personal declaration
each other that they take each other as husband and wife in the
Under the Rules on Evidence there are presumptions presence of not less than two witnesses of legal age.
(if parties are not succeeding each other)
ART 7: Authorized Solemnizing Officers:
FAMILY CODE 1. Priest, rabbi, imam,
Requisites to be Authorized:
ART 1: Marriage is a special contract of permanent 1. Belongs to a religious sect or church
union between a man and a woman entered into in 2. Registered with the civil registrar
accordance with law for the establishment of general/ NSO/ PSA (Phil statistics
conjugal and family life. It is the foundation of the authority)
family and an inviolable social institution whose 3. One or both of the contracting parties
nature, consequences, and incidents are governed by must be a member of the sect or
law and not subject to stipulation, except that church
marriage settlements may fix the property relations 4. Within the bounds of the authority
during the marriage within the limits provided by this given by the sect or church
Code 2. Pilot, ship captain (in case of marriage Articulo
Mortis)
DISTINGUISH SPECIAL CONTRACT OF MARRIAGE FROM - When: 1. Marriage in articulo moritis
ORDINARY CONTRACT 2. Bet. passengers or a crew or both
3. While the ship is in voyage or
As to Requisites: OC: Consent, object and during stop over or ports
consideration 3. Consular Officer:Consul, Vice Consul, or Consul
MARRIAGE: Essential and General;
Formal Requisites 1. Contracting parties must be both Fil
As to no.of parties OC:two or more Citizens
MARRIAGE: two persons; a 2. Marriage must be celebrated inside
man and a woman the consulate
As to stipulation OC: may stipulate 4. Any incumbent member of the Judiciary within the
T&C territorial Jxdn
MARRIAGE: GR. cannot - Mtc, RTC, MCTC: only within their territory
stipulate - Justices: nationwide
XPN: property 5. Unit Commander:
relations; marriage settlement Requisites:
As to termination OC: novation, fulfillment, 1. Marriage must be Articulo Mortis
payment and other modes under the law 2. There must be a Chaplain assigned to
MARRIAGE: death/ judicial the unit;
order of the court (annulment/dec of nullity) 3. Chaplain is absent
4. Within the zone of military operation
5. Bet Civilians or military personnel
ESSENTIAL REQUISITES OF MARRIAGE: 6. Mayor (Local Gov’t. Code of 1991 (jan 1 1992)
ART 2: No marriage shall be valid, unless these ***during FC effectivity Aug 3, 1988 (during
essential requisites are present: intervening period mayors cannot solemnize marriage
(1) Legal capacity of the contracting parties who
must be a male and a female; and VALID MARRIAGE LICENSE
(2) Consent freely given in the presence of the GR: valid marriage license first before marriage
solemnizing officer. ceremony
XPN:
Legal capacity: 18 years or above 1. Ariculo Mortis (one or both at the point of
Consent: given by the contracting parties; no vice or death)
defect of consent 2. Contracting parties; are in remote place and
- Vices that must not be present at the time of no means of transportation
the celebration, no fraud, no intimidation, 3. MArriage is bet. Muslims and members of
no ethnic cultural communities; provided that
 the marriage is solemnized in accordance - Parental advice
with their practices, rites and customs - If no favorable parental advice:
4. Contracting parties COHABITED for 5 years or marriage remains VALID
more without any legal impediment - However LCR will suspend marriage
*** must execute: affidavit of license for 90 days
cohabitation stating that they are cohabiting for 5 - Marriage counselling
years or more and there is no legal impediment and
their intent to marry each other ***120 days effectivity of the marriage license
anywhere in the PH; beyond the period considered
ART 9:A marriage license shall be issued by the local lapse
civil registrar of the city or municipality where either
contracting party habitually resides, except in LCR: NOTICE AND PUBLICATION:
marriages where no license is required in accordance Period: 10 days
with Chapter 2 of this Title. ****if there was legal impediment
- Marriage License shall be applied to a local If there was a legal impediment, can the LCR refuse
civil registrar: where either of the issuance of marriage license after publication?
contracting parties habitually reside - No, because it is the ministerial duty of the
LCR to issue marriage license after
Information/data that shall be included when publication unless there is a court order to
marriage license is applied: refuse.
Art. 11. Where a marriage license is required, each of
the contracting parties shall file separately a sworn MARRIAGE CEREMONY:
application for such license with the proper local civil - No prescribed form or religious rites
registrar which shall specify the following: When is there a valid marriage ceremony:
(1) Full name of the contracting party; 1. Personally appear before the solemnizing
(2) Place of birth; officer
(3) Age and date of birth; 2. Personally declare that they take each other
(4) Civil status; as husband and wife
(5) If previously married, how, when and where the 3. In the presence of two witnesses of legal age
previous marriage was dissolved or annulled; If no witness: marriage is VALID : mere irregularity
(6) Present residence and citizenship; ART4: solemnizing officer is liable crim, civ or admin
(7) Degree of relationship of the contracting parties; liable
(8) Full name, residence and citizenship of the
father; Art. 4. The absence of any of the essential or formal
(9) Full name, residence and citizenship of the requisites shall render the marriage void ab initio,
mother; and except as stated in Article 35
(10) Full name, residence and citizenship of the
guardian or person having charge, in case the *** absence of any essential or formal=VOID
contracting party has neither father nor mother and Defect in essential= VOIDABLE
is under the age of twenty-one years. Only irregularity in the formal req= VALID
The applicants, their parents or guardians shall not (one who is responsible shall be civ, crim or
be required to exhibit their residence certificates in admin liable)
any formality in connection with the securing of the
marriage license. Best evid to the existence of marriage: marriage cert;
if not testimony of the witness; that is why marriage
ART 21: is held in a public place
- foreigner should attach: Certificate of legal PLACES where marriage ceremony may take place:
capacity: from the embassy (diplomatic / ● Chamber of the judge
consular officials) ● Office of the consul, vc, cg
- stateless person/refugee shall provide:secure ● Church, temple or plaza
affidavit being a refugee or a stateless
person; submit an affidavit stating GR: marriage ceremony must be in a public place
circumstances showing such legal capacity to XPN:
get married in the PH 1. Articulo mortis
2. Remote areas and no means of transport
If bet age 18 and 21: should attach with the marriage 3. In lieu: AFFIDAVIT sworn by by both parties;
license: request the solemnizing officer that
- Parental COnsent ceremony be held in a specific place
- Father, mother and surviving
guardian ***even if there is no testimony: PRESUMPTION: a man
- If there is no favorable parental consent: and a woman deporting themselves as husband and
marriage VOIDABLE (becomes defect) wife before the community are considered to have
validly entered into a contract of marriage; unless
If bet 21 and 25:should attach as well there is a strong proof that the couple are not
married to each other (presumption arises even there (1) Between collateral blood relatives
is no marriage cert or testimony) whether legitimate or illegitimate, up to the
fourth civil degree;
PERSONAL DECLARATION to take each other as (2) Between step-parents and step-children;
husband and wife: (3) Between parents-in-law and
- Not as always verbal; may be by mere children-in-law;
gesture; and signing of marriage cert is a (4) Between the adopting parent and the
personal declaration adopted child;
(5) Between the surviving spouse of the
ART 26 adopting parent and the adopted child;
Par. 1: All marriages solemnized outside the (6) Between the surviving spouse of the
Philippines, in accordance with the laws in force in adopted child and the adopter;
the country where they were solemnized, and (7) Between an adopted child and a
valid there as such, shall also be valid in this legitimate child of the adopter;
country, except those prohibited under Articles 35 (8) Between adopted children of the same
(1), (4), (5) and (6), 36, 37 and 38. adopter; and
(9) Between parties where one, with the
MARRIAGES CONTRACTED ABROAD: intention to marry the other, killed that other
GR: In accordance with the law of the foreign country person's spouse, or his or her own spouse.
will be considered valid in the PH (Lex loci
celebrationis):
XPN: Par 2. Where a marriage between a Filipino
1. Art 35 (1): no legal capacity citizen and a foreigner is validly celebrated and a
2. (4): bigamous or polygamous marriage divorce is thereafter validly obtained abroad by
3. (5): mistake in identity ex identical twins the alien spouse capacitating him or her to
4. (6): void under ART 53 not complied: remarry, the Filipino spouse shall have capacity to
first marriage was annulled/dec of remarry under Philippine law. (As amended by
Executive Order 227)
nullity:
should be recorded to LCR and RD: ***relate art 15 nationality principle: XPN art 26 par 2
1. Judicial declaration - Allows fil spouse to remarry:
2. dissolution and distribution of 1. Foreign spouse obtained an absolute
property regime decree divorce decree in another
3. Delivery of the presumptive country
legitime to the legit children 2. FIl cit must prove absolute divorce
5. ART 36 : Psychological Incapacity decree: court will not take judicial
i. grave/serious notice
ii. Juridical antecedence: prior/
latest of the marriage; ***The parties themselves cannot declare that their
manifested at the time of marriage is void, they must secure judicial
marriage intervention (Art. 40 FC)
iii. incurability/ permanence - Art. 40. The absolute nullity of a previous
(santos and Molina case) marriage may be invoked for purposes of
***where one or both cannot comply remarriage on the basis solely of a final
with the essential marital obligations; judgment declaring such previous marriage
they are truly insensitive and void.
incompetent to comply ***must secure first judicial declaration of nullity of
Essential marital Obligations: marriage before contracting another marriage;
1. Live together otherwise may be prosecuted and even be convicted
2. Mutual support on bigamy
3. Love
4. Help WHEN CAN THERE BE TWO VALID MARRIAGES EXISTING
5. fidelity AT THE SAME TIME?
***if cannot comply may be 1. There must be absence of one of the spouses
considered psych incap: marriage is VOID AB INITIO - Period required by law is :
6. ART 37 :incestous marriages - 4 continuous years-ORDINARY
i. Ascendants and descendants ABSENCE
whatever degree - 2 continuous years-
ii. Bet bros and sis whether full EXTRAORDINARY (grave
or half blood danger of death)
7. ART 38 :marriages which are void by reason 2. Present spouse has a well founded belief that
of public policy the absentee spouse is dead; good faith on the part
of the present spouse
 - Must secure a judicial declaration of a. Children prior to the term of
presumptive death (Family Court/ the subsequent marriage is
RTC) considered LEGITIMATE
- Declaration is governed by b. The prop regime shall be
summary proceeding: considered dissolved and shall
immediately executory be distributed to the spouses
- No appeal can be made by i. If one is in BF; the
the aggrieved party even the net profits will be
sol Gen forfeited in favor of
- Only remedy is Rule their children; or in
65; prove that there the absence thereof
is a grave abuse of in favor of the
discretion children of the guilty
- spouse; in default
Art. 41. A marriage contracted by any person during thereof in favor of
subsistence of a previous marriage shall be null and the innocent spouse
void, unless before the celebration of the subsequent c. the donation shall be valid
marriage, the prior spouse had been absent for four Ii. however if the donee
consecutive years and the spouse present has a acted in bad faith; donation shall be
well-founded belief that the absent spouse was revoked by operation of law
already dead. In case of disappearance where there is D. the designation of a spouse
danger of death under the circumstances set forth in in bad faith in an insurance policy;
the provisions of Article 391 of the Civil Code, an even if irrevocable; shall be revoked
absence of only two years shall be sufficient. by operation of law
For the purpose of contracting the subsequent E. the spouse in bad faith
marriage under the preceding paragraph the spouse cannot be an heir; whether
present must institute a summary proceeding as testamentary or intestate succession
provided in this Code for the declaration of
presumptive death of the absentee, without Art. 43. The termination of the subsequent marriage
prejudice to the effect of reappearance of the absent referred to in the preceding Article shall produce the
spouse. following effects:
(1) The children of the subsequent marriage
Art. 42. The subsequent marriage referred to in the conceived prior to its termination shall be considered
preceding Article shall be automatically terminated legitimate;
by the recording of the affidavit of reappearance of (2) The absolute community of property or the
the absent spouse, unless there is a judgment conjugal partnership, as the case may be, shall be
annulling the previous marriage or declaring it void dissolved and liquidated, but if either spouse
ab initio. contracted said marriage in bad faith, his or her share
A sworn statement of the fact and circumstances of of the net profits of the community property or
reappearance shall be recorded in the civil registry of conjugal partnership property shall be forfeited in
the residence of the parties to the subsequent favor of the common children or, if there are none,
marriage at the instance of any interested person, the children of the guilty spouse by a previous
with due notice to the spouses of the subsequent marriage or in default of children, the innocent
marriage and without prejudice to the fact of spouse;
reappearance being judicially determined in case (3) Donations by reason of marriage shall remain
such fact is disputed. valid, except that if the donee contracted the
marriage in bad faith, such donations made to said
WHAT WILL REBUT THE PRESUMPTION OF DEATH? donee are revoked by operation of law;
- The reappearance of the absentee spouse: (4) The innocent spouse may revoke the designation
- There must be a recording of the of the other spouse who acted in bad faith as
affidavit of the appearance before beneficiary in any insurance policy, even if such
the LCR of the place of the designation be stipulated as irrevocable; and
subsequent marriage reside: with due (5) The spouse who contracted the subsequent
notice marriage in bad faith shall be disqualified to inherit
- Mere reappearance will not be from the innocent spouse by testate and intestate
sufficient to terminate the succession.
subsequent marriage
- Effects of the recording of the affidavit of *** To whom the conjugal dwelling or the lot is given
reappearance: when there is a dissolution of marriage:
1. Will terminate automatically the - To the spouse with whom the majority of the
subsequent marriage children choose to remain
2. Same as dec of nullity; annulment
and legal sep decree ***Custody of the children less than 7 years of age:
GR: to the mother
 1
0

XPN: compelling reasons to deny the mother of the a. the injured/aggrieved party; within 5
custody of the child (upon the court) years after the marriage
Ex.:1. Insane, habitual alcoholic, drug addict, 6. STD: must be proved that it is serious and
communicable disease, no other means of livelihood incurable
which cannot support the child. a. the injured/aggrieved party; within 5
years after the marriage
***Same as dec of nullity, annulment/ legal sep
decree ***marriage may be ratified upon continuous
cohabitation
VOIDABLE MARRIAGES: In re Art 45 (3)
Art. 45. A marriage may be annulled for any of the Art. 46. Any of the following circumstances shall
following causes, existing at the time of the constitute fraud referred to in Number 3 of the
marriage: preceding Article:
(1) That the party in whose behalf it is sought to have (1) Non-disclosure of a previous conviction by final
the marriage annulled was eighteen years of age or judgment of the other party of a crime involving
over but below twenty-one, and the marriage was moral turpitude;
solemnized without the consent of the parents, (2) Concealment by the wife of the fact that at the
guardian or person having substitute parental time of the marriage, she was pregnant by a man
authority over the party, in that order, unless after other than her husband;
attaining the age of twenty-one, such party freely (3) Concealment of sexually transmissible disease,
cohabited with the other and both lived together as regardless of its nature, existing at the time of the
husband and wife; marriage; or
(2) That either party was of unsound mind, unless (4) Concealment of drug addiction, habitual
such party after coming to reason, freely cohabited alcoholism or homosexuality or lesbianism existing
with the other as husband and wife; at the time of the marriage.
(3) That the consent of either party was obtained No other misrepresentation or deceit as to character,
by fraud, unless such party afterwards, with full health, rank, fortune or chastity shall constitute such
knowledge of the facts constituting the fraud, fraud as will give grounds for action for the
freely cohabited with the other as husband and annulment of marriage. (86a)
wife;
(4) That the consent of either party was obtained by Art. 47. The action for annulment of marriage must
force, intimidation or undue influence, unless the be filed by the following persons and within the
same having disappeared or ceased, such party periods indicated herein:
thereafter freely cohabited with the other as husband (1) For causes mentioned in number 1 of Article 45 by
and wife; the party whose parent or guardian did not give his or
(5) That either party was physically incapable of her consent, within five years after attaining the age
consummating the marriage with the other, and such of twenty-one, or by the parent or guardian or person
incapacity continues and appears to be incurable; or having legal charge of the minor, at any time before
(6) That either party was afflicted with a such party has reached the age of twenty-one;
sexually-transmissible disease found to be serious and (2) For causes mentioned in number 2 of Article 45,
appears to be incurable. (85a) by the same spouse, who had no knowledge of the
other's insanity; or by any relative or guardian or
WHO CAN GO TO COURT:PERIOD (ANNULMENT OF person having legal charge of the insane, at any time
MARRIAGE) before the death of either party, or by the insane
1. No consent: spouse during a lucid interval or after regaining
a. parents of the no consent party- at sanity;
any time the no consent party (3) For causes mentioned in number 3 of Article 45,
reaches the age 21 by the injured party, within five years after the
b. No consent spouse- within 5 years discovery of the fraud;
after attaining the age of 21 (4) For causes mentioned in number 4 of Article 45,
2. UNsound mind:at anytime during the lifetime by the injured party, within five years from the time
of the parties (spouse, the force, intimidation or undue influence
[parent/guardian/unsound party) disappeared or ceased;
a. Unsound mind party: anytime during (5) For causes mentioned in number 5 and 6 of Article
lifetime; during lucid interval 45, by the injured party, within five years after the
3. FRAUD: marriage.
a. the injured/aggrieved party: within 5
years after discovery of the fraud LEGAL SEPARATION: ***exists after the marriage
4. INTIMIDATION/UNDUE CONSENT: Art. 55. A petition for legal separation may be filed
a. the injured/aggrieved party; within 5 on any of the following grounds:
years after the vices/defect of (1) Repeated physical violence or grossly abusive
consent has ceased conduct directed against the petitioner, a common
5. PHYSICAL INCAP (IMPOTENCE): child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the - File a verified petition (that parties have
petitioner to change religious or political affiliation; reconciled) with the same court hearing the
(3) Attempt of respondent to corrupt or induce the legal separation case
petitioner, a common child, or a child of the - Even if there is already a legal sep decree
petitioner, to engage in prostitution, or connivance
in such corruption or inducement; WHEN PARTIES WANT TO REVIVE THEIR OLD PROP
(4) Final judgment sentencing the respondent to REGIME:
imprisonment of more than six years, even if - file a verified petition before the same court; name
pardoned; of the creditor's shall be included to be protected
(5) Drug addiction or habitual alcoholism of the
respondent; RIGHTS AND OBLIGATIONS OF THE PARTIES
(6) Lesbianism or homosexuality of the respondent; Art. 68. The husband and wife are obliged to live
(7) Contracting by the respondent of a subsequent together, observe mutual love, respect and fidelity,
bigamous marriage, whether in the Philippines or and render mutual help and support.
abroad;
(8) Sexual infidelity or perversion; ***ADMINISTRATION OF THE ACP AND CPG= JOINT
(9) Attempt by the respondent against the life of the DOMICILE OF THE SPOUSES= ART 69;both the husband
petitioner; or and wife
(10) Abandonment of petitioner by respondent - In case of disagreement:court shall determine
without justifiable cause for more than one year. (summary judicial proceeding)
For purposes of this Article, the term "child" shall
include a child by nature or by adoption. Art. 73. Either spouse may exercise any legitimate
profession, occupation, business or activity without
***IN LEGAL SEPARATION the spouses CANNOT GET the consent of the other. The latter may object only
MARRIED AGAIN: marital tie is not severed on valid, serious, and moral grounds.
In case of disagreement, the court shall decide
EFFECT: LEGAL SEP GRANTED BY THE COURT: whether or not:
- Separation in bed and board- not required to (1) The objection is proper; and
live together as husband and wife (2) Benefit has occurred to the family prior to the
objection or thereafter. If the benefit accrued prior
***concubinage is difficult to prove: to the objection, the resulting obligation shall be
Element: The wife and mistress are living enforced against the separate property of the spouse
under one roof/ living scandalously who has not obtained consent. (should be the
community prop is liable)
Art. 56. The petition for legal separation shall be The foregoing provisions shall not prejudice the rights
denied on any of the following grounds: of creditors who acted in good faith.
(1) Where the aggrieved party has condoned the
offense or act complained of; **** if the objection is after: separate prop of the
(2) Where the aggrieved party has consented to the spouse shall be liable
commission of the offense or act complained of;
(3) Where there is connivance between the parties in PROPERTY RELATIONS
the commission of the offense or act constituting the
ground for legal separation; Art. 74. The property relationship between husband
(4) Where both parties have given ground for legal and wife shall be governed in the following order:
separation; (1) By marriage settlements executed before the
(5) Where there is collusion between the parties to marriage;
obtain decree of legal separation; or (2) By the provisions of this Code; and
(6) Where the action is barred by prescription. (3) By the local custom. (118)
(100a)
Art. 75. The future spouses may, in the marriage
Art. 57. An action for legal separation shall be filed settlements, agree upon the regime of absolute
within five years from the time of the occurrence of community, conjugal partnership of gains, complete
the cause. separation of property, or any other regime. In the
absence of a marriage settlement, or when the
COOLING OFF PERIOD: LEGAL SEPARATION regime agreed upon is void, the system of absolute
- 6 months from the filing of the legal community of property as established in this Code
separation case: court will suspend the shall govern.
proceedings;
- PURPOSE: parties to reconcile; marital bond
is not severed; they are still married iwth When is there a valid marriage settlement?
each other 1. Must be in writing
EFFECT OF RECONCILIATION: 2. Signed by the future spouses
3. Must be executed before the celebration of
the marriage
 Can the sps donate to each other DURING a valid
***any modification in the marriage settlement must marriage?
be done before the celebration of marriage GR: NO
XPN: Moderate gifts given to each other during times
To bind THIRD PARTIES;(to give constructive notice of family rejoicing
that there is a marriage settlement bet future
spouses) Test whether the gift is moderate or not?
- Marriage settlement must be registered with - Financial capacity of the giver
LCR and Registry of Property
- ***if not registered it is also binding between Donation Propter nuptias; the property subject to
the contracting parties encumbrance
What is the nature of the donation?
NO MARRIAGE SETTLEMENT:/VOID MARRIAGE - Donation is VALID
SETTLEMENT - EFFECT:
- DEFAULT PROPERTY REGIME: Absolute - If foreclosed; the value of the
Community of Property foreclosure is less than the value of
the obligation:
EFFECT WHEN THERE IS NO MARRIAGE THAT TOOK - The deficiency: donor will be
PLACE: as to the marriage settlement liable; not the donee
GR: VOID marriage settlement - If the proceeds of the foreclosure
XPN: there are provisions that are still VALID: sale exceeds the value of the
- If the provision in the marriage settlement donation
does not depend on the happening of the - The excess shall be given to
marriage the donee
a. (ex. Paternity affiliation;
acknowledgment of the illegit child: Who may revoke a donation propter nuptias:
PURPOSE: to protect the legitime of - The DONOR may revoke
the child) GROUNDS to revoke:
1. Marriage did not take place
DONATION PROPTER NUPTIAS: given before the 2. Marriage has been declared judicially
celebration of the marriage VOID/ANNULLED
Elements; 3. No consent of the parents/ guardians
1. Donation is in consideration of marriage; 4. Legal Separation; and the DONEE is the guilty
given spouse
2. Given BEFORE the celebration of marriage 5. Donee has committed an act of ingratitude
3. Donation is given to either to one or both the 6. There is a resolutory condition (condition has
future spouses been complied)

Formalities must be complied with Donation Propter PROPERTY REGIMES

Nuptias 1. Absolute Community of Property
- It takes effect during the lifetime of the 2. Conjugal Partnership of Gains
donor; it follows the formalities of DONATION 3. Separate Property Regime
INTER VIVOS
- (Not donation mortis causa; no need to wait ABSOLUTE COMMUNITY PROPERTY
for the death of the donor to take effect) - Governed by co-ownership
- Everything that either of the spouse owns
Donation Propter Nuptias: Can the future spouses BEFORE the marriage will be brought to the
donate to each other? marriage; becomes part of the ACP
- Yes. - ACP and CPG commence at the precise
- Limitations: moment of marriage
1. If the agreement of the property ***NCC: commence on the day of the marriage
regime other than ACP; the future - DAY- sunrise: therefore the start of property
spouses cannot donate to each other rel. Sunrise; even the marriage is at 6pm
more than 1/5 of their present (provision corrected by the FC)
property - Everything acquired AFTER the marriage also
a. PURPOSE: ACP is governed by belongs to the ACP
co-ownership; while CPG is - Default marriage settlement; if there is none
governed by contract of that has been executed by the parties
partnership and other sep.
prop regime (own prop Properties that are excluded:
separately and distinct from 1. Properties given either to one of the
the other) spouses by gratuitous title; (donation
inter vivos/ mortis causa)
 XPN XPN: Donor expresses that it shall form part PRESUMPTIONS: ACP/CPG
of the ACP 1. There can be NO WAIVER; NO RENUNCIATION
2. Properties owned and used exclusively by OF RIGHTS/ANY INTEREST/PARTICIPATION
either of the spouse a. XPN: judicial approval: BUT waiver
XPN XPN: Jewelries must be recorded in LCR and RD (to
3. Properties owned by a spouse who has protect the creditors)
been previously married who have 2. Properties acquired during marriage are
legitimate descendants (the legitimate presumed to belong to ACP/CPG
children are being protected by the law) a. Must be proved property was acquired
DURING MARRIAGE
WHO MANAGES AND ADMINISTERS ACP: b. NOTE: when the TITLE “married
- both the spouses: JOINTLY to”:anyone of the sps may prove that
it is not conjugal: married to; is only
CONJUGAL PARTNERSHIP OF GAINS civil status (see cases); prop may
- Governed by the law on partnership; have been acquired before marriage
therefore the fruits and the income of the but was only registered during
separate property placed in the common fund marriage
- Separate properties before the marriage are
brought but does not become part of the ART 94 and 121: WHAT ARE THE CHARGES AND
CPG; only the income, fruits, rents etc are OBLIGATIONS (LIABILITIES) ACP/CPG:
placed in the common fund (divided after the (1) The support of the spouses, their common
dissolution of marriage) children, and legitimate children of either spouse;
- Needs marriage settlement however, the support of illegitimate children shall be
governed by the provisions of this Code on Support;
Properties that are excluded in CPG (2) All debts and obligations contracted during the
1. Separate properties brought by parties to the marriage by the designated administrator-spouse for
CPG; still belongs to either of the exclusively the benefit of the community, or by both spouses, or
2. Properties acquired by gratuitous title by one spouse with the consent of the other;
(Donation inter vivo/mortis causa) (3) Debts and obligations contracted by either spouse
3. Properties acquired through redemption; without the consent of the other to the extent that
used exclusive property to redeem the family may have been benefited;
4. Properties bought using own funds/money (4) All taxes, liens, charges and expenses, including
exclusively by the spouse major or minor repairs, upon the community
property;
WHO MANAGES AND ADMINISTERS CPG: (5) All taxes and expenses for mere preservation
- both the spouses: JOINTLY made during marriage upon the separate property of
either spouse used by the family;
SEPARATE PROPERTY REGIME (6) Expenses to enable either spouse to commence or
- There must be a marriage settlement complete a professional or vocational course, or
- Separate properties is liable for the separate other activity for self-improvement;
liabilities of spouses (7) Ante-nuptial debts of either spouse insofar as they
have redounded to the benefit of the family;
Attributes of ownership in separate property regime: (8) The value of what is donated or promised by both
- Right to possession spouses in favor of their common legitimate children
- Enjoy the fruits for the exclusive purpose of commencing or
- can dispose his own property completing a professional or vocational course or
other activity for self-improvement;
***in ACP and CPG; cannot sell or encumber (9) Ante-nuptial debts of either spouse other than
properties belonging to both spouses without written those falling under paragraph (7) of this Article, the
marital consent support of illegitimate children of either spouse, and
- Under separate prop regime; no need for liabilities incurred by either spouse by reason of a
marital consent of the spouse crime or a quasi-delict, in case of absence or
insufficiency of the exclusive property of the
Family expenses; using own income: debtor-spouse, the payment of which shall be
- Contribution to family expenses by each considered as advances to be deducted from the
spouse is in proportion to their income share of the debtor-spouse upon liquidation of the
community; and ***(only ACP)
Liability to creditors: (10) Expenses of litigation between the spouses
- Solidary liability of the spouses towards the unless the suit is found to be groundless.
payment of the creditors; anyone of the If the community property is insufficient to cover the
spouses can be compelled by the creditor to foregoing liabilities, except those falling under
pay; with respect to debts incurred for family paragraph (9), the spouses shall be solidarily liable
expenses for the unpaid balance with their separate
properties.
 XPN: compelling reason for
***usually the administrator spouse: Husband the court to deny custody:
Instances when the administration of the property i. Ex.: (when best interest of
may be transferred from one spouse to the other: the child is impaired)civil
- Declaration of absentee interdiction, drug addict,
- One of the sps; sentenced with accessory insane, maltreatment of the
penalty of civil interdiction child either physical or
- The admin spouse becomes incompetent; verbal, habitual alcoholism,
makes the other spouse the guardian of the communicable disease,
other income is not enough to
- Fugitive from justice; hiding from the law provide for the child
- Not suitable to administer the property; court
may appoint; any person (even stranger) to PROPERTY REGIME:UNIONS WITHOUT A VALID
be suitable to administer the property MARRIAGE(ART 147/148)
***may be transferred, managed or administered even - Governed by co-ownership
the exclusive property of the other spouse 147: man and woman cohabit without marriage:
- Income and salary will be shared equally
ART 99 and 126 :TERMINATION OF ACP/CPG: - EQUAL CO-OWNERSHIP
(1) Upon the death of either spouse; - Elements:
(2) When there is a decree of legal separation; 1. Cohabiting as h &w: either no
(3) When the marriage is annulled or declared void; marriage/Void marriage
or 2. No legal impediment
(4) In case of judicial separation of property during - How properties are distributed:
the marriage under Articles 134 to 138. - Equally distributed to both parties
even if one did not actually
In case of death: contribute to the acquisition of the
- The surviving spouse must file within one year properties; but only took care of the
from the death of the spouse to liquidate the family and manages the house
estate of the decedent
- NO LIQUIDATION within 6 mos: 148: governed by SPECIAL CO-OWNERSHIP-
- The property regime of the - Elements:
subsequent marriage is COMPLETE 1. Cohabiting as h &w: either no
SEPARATION OF PROPERTY but (of marriage/Void marriage
course) the subsequent marriage is 2. There is a previous/subsequent
VALID marriage; legal impediment
- Any disposition/encumbrance is NOT - How properties are distributed:
VALID; considered VOID - Equally distributed according to their
actual contribution (money,
Procedure for liquidation: Termination of Property property/industry)
rel: - If no contribution=no share at
1. Make an inventory of the properties of the all
spouses; which are common and exclusive
2. Debts: ART 134-138
a. If accrued for the benefit of the JUDICIAL SEPARATION OF PROPERTY: during a valid
family- ACP/CPG will answer for the marriage
debts (gross) - Voluntary dissolution of property
i. Remaining balance: (net)
GR: divided equally ***NOTE: extrajudicial separation of property is not
XPN: there is a division allowed
included in the marriage settlement
b. If gross is insufficient to pay the PROCEDURE: Separation of Property (Voluntary
debts:- exclusive props of sps will be dissolution prop regime)
liable for the payment of the debt 1. File a verified petition with the court
3. Remaining exclusive props: will be returned 2. All the creditors shall be listed and notified
to the owner spouse 3. Decision decreed by the court= Complete
4. Deliver the presumptive legitime of the Separation of Property
common children 4. Must be recorded in LCR and RD
5. Conjugal Dwelling/Lot:Custody of Children:-
will go to the spouse with whom majority of Effect: Revival of Former Property Regime:
the children choose to remain (RATIONALE: - File a verified petition with the same court
To protect the children) which rendered the decision of complete
a. GR: custody of the children below 7 separation of property for the revival of the
yrs old- belongs to the mother former property regime
 - Court shall declare the revival; and shall 1. Include in the pleading that earnest efforts
record with the proper LCR and RD has been exerted to compromise
HOWEVER; limitations upon revival: 2. That such earnest effort has failed
- Only on separation of property and only one
revival is allowed Otherwise; no allegation of earnest efforts; court will
- BUT if there is a lawful cause: may still have dismiss the action for being immature
judicial separation of property
***May refile under Art 151 CONSEQUENCE: pay filing
LAWFUL CAUSES: may allow judicial separation of fee again
property (again)
ART 135: XPN:
Any of the following shall be considered sufficient - If there is a stranger impleaded in the action
cause for judicial separation of property:
(1) That the spouse of the petitioner has been FAMILY HOME
sentenced to a penalty which carries with it civil Definition;
interdiction; Art. 152. The family home, constituted jointly by the
(2) That the spouse of the petitioner has been husband and the wife or by an unmarried head of a
judicially declared an absentee; family, is the dwelling house where they and their
(3) That loss of parental authority of the spouse of family reside, and the land on which it is situated.
petitioner has been decreed by the court;
(4) That the spouse of the petitioner has abandoned ONLY ONE FAMILY HOME SHALL BE CONSTITUTED; may
the latter or failed to comply with his or her have several family residences:
obligations to the family as provided for in Article
101; Importance of the Family Home:
(5) That the spouse granted the power of ART 155 : Family home is exempt from forced sale,
administration in the marriage settlements has execution or attachment
abused that power; and - XPNs:
(6) That at the time of the petition, the spouses have 1. non- payment of taxes
been separated in fact for at least one year and 2. debts incurred prior to the
reconciliation is highly improbable. constitution of the family home
In the cases provided for in Numbers (1), (2) and (3), NOTE: Upon the effectivity of the FC
the presentation of the final judgment against the all family residences automatically became
guilty or absent spouse shall be enough basis for the Family Home (remember: before FC there
grant of the decree of judicial separation of property. should be either judicial or xtrajud dec of
constitution of family home)
***NOTE (again) if voluntary dissolution of the 3. debts secured by mortgages on the
property regime: only one judicial separation of premises before or after such
prop/revival may be done BUT if there is a lawful constitution
cause; may go to court if there exist a lawful cause, 4. debts due to laborers, mechanics,
not limited architects, builders, materialmen and
others who have rendered service or
TITLE V : THE FAMILY furnished material for the
construction of the building.
Who are members of the immediate family? 5. ART 160: (another XPN) When a
ART 150:Family relations include those: creditor whose claims is not among
(1) Between husband and wife; those mentioned in Article 155
(2) Between parents and children; ascendants obtains a judgment in his favor, and
/descendants he has reasonable grounds to believe
(3) Among brothers and sisters, whether of the full that the family home is actually
or half-blood. worth more than the maximum
amount fixed in Article 157, he may
IMPORTANCE: apply to the court which rendered
- Support the judgment for an order directing
- ART 151 the sale of the property under
execution
ART. 151: No suit between members of the same ***shall prove as judgment creditor; also prove that
family shall prosper unless it should appear from the the actual value of the house based on the
verified complaint or petition that earnest efforts improvements has already exceeded the value under
toward a compromise have been made, but that the ART 157
same have failed. If it is shown that no such efforts
were in fact made, the same case must be dismissed. - How the proceeds of the execution sale
applied:
Requisites (to be able to file an action against a - Deduct the value of the house prov
family member) under ARt 157
 - Apply the remaining amount: to the Paternity; relationship of the father with respect to
creditors (amount of the obligation) the child
- 300k/200k to the head of the family-
debtors Filiation: relationship of the child with respect to the
parents
VALUE OF THE FAMILY HOME
Art. 157. The actual value of the family home shall Art. 163. The filiation of children may be by nature or
not exceed, at the time of its constitution, the by adoption. Natural filiation may be legitimate or
amount of the three hundred thousand pesos in illegitimate.
urban areas, and two hundred thousand pesos in
rural areas, or such amounts as may hereafter be Filiation may be by nature or fiction of law
fixed by law.
In any event, if the value of the currency changes BY NATURE:
after the adoption of this Code, the value most 1. Legitimate
favorable for the constitution of a family home shall 2. Illegitimate
be the basis of evaluation. 3. legitimated
For purposes of this Article, urban areas are deemed
to include chartered cities and municipalities whose BY FICTION OF LAW:
annual income at least equals that legally required - Legal adoption
for chartered cities. All others are deemed to be
rural areas. LEGITIMATE CHILDREN
1. Children conceived/born during the valid
BENEFICIARIES OF THE FAMILY HOME: marriage of the parents (ART164)
Art. 154. The beneficiaries of a family home are:
(1) The husband and wife, or an unmarried person PROOF OF FILIATION: (ART 172)
who is the head of a family; and - Birth cert recorded in the LCR/final judgment
(2) Their parents, ascendants, descendants, brothers (public instrument)
and sisters, whether the relationship be legitimate or - Admission by the father in a public
illegitimate, who are living in the family home and instrument/ in a hand written instrument
who depend upon the head of the family for legal signed by the concerned parent
support. Absence of the foregoing evidence: shall PROVE:
- Open and continuous possession of status of
Can the family home be sold, donated or legit child
encumbered? - Ex: secondary documents: baptismal
- YES provided there is consent of the majority certificate, school records, receipt of
of those who are living in the family home support etc.
(minor-through guardian/legal - Other means allowed by the rules of court/
representative) special laws

IF there is a minor beneficiary living/staying in the Significance of Art 172: may also be used by an
family home, can it be sold/ partitioned/alienated? illegitimate child
- NO; even if there is death of the one who
constituted the family home An illegitimate child shall be able to present the
- PERIOD: alienate, sell or partition if there is secondary docs (par 2 Art 172) to prove the
death of the person who constituted the recognition and/or acknowledgment of the concerned
family home parent;DURING THE LIFETIME OF THE CONCERNED
- Within 10 years from the death PARENT
- Longer period as long as there is a - Due process on the part of the concerned
minor beneficiary parent; to contest
- Requisites:
1. Minor beneficiary is RIGHTS OF A LEGITIMATE CHILD
residing in the family 1. Shall bear the surname of the father
home; and a. NOTE: REVILLA LAW: illegit children
2. Fully dependent on may use the surname of the father
the head of the but GR: use the surname of the
family for legal mother
support 2. Demand support from parents; brothers/
NOTE: PATRICIO V DARIO: even if sisters / ascendants
there is a minor beneficiary living in the family home; 3. Successional rights; legitime; also free
he is no longer dependent in the head of the family; portion
he is dependent on his father not to the head
ILLEGITIMATE CHILDREN
PATERNITY AND FILIATION
Art. 165. Children conceived and born outside a valid 120 days of the 300 days immediately
marriage are illegitimate, unless otherwise provided preceding the birth of the child
in this Code. 2. Physical incapacity of the husband to have
sexual intercourse with his wife
RIGHTS OF AN ILLEGITIMATE CHILD 3. h&w live separately; sexual intercourse is
1. Bear the surname of the father; if the father impossible
has voluntarily acknowledged or recognized 4. Serious illness of the husband; absolutely
the child; in a public document; executed a prevented sexual intercourse
handwritten instrument signed by the father 5. Proved that for biological or other scientific
(no need for court proceeding for the reasons, the child could not have been that of
recognition) the husband except Art 164 par 2 (AI)
2. Demand support from parents; 6. Children conceived through (AI) artificial
3. Successional rights: legitime; ½ of the share insemination; written auth or ratification was
of the legit child obtained through mistake, fraud, violence,
intimidation or undue influence
WHO CAN IMPUGN THE LEGITIMACY OF THE CHILD ***attached to the Birth cert of child and registered in
GR: the father: allowed under the FC LCR: if auth and or ratified in writing
In proper cases; (ART 171) ***Vices of consent in ART INSEM:
- The heirs of the father - Mistake, fraud, violence, intimidation or
a. Father died; before the expiration of undue influence
the period fixed by law
i. Periods fixed by law: (ART Who may claim legitimacy: (ART 173)
170) - The child may claim his own legitimate
1. (1) one year upon the filiation
time of the birth; or Period:
the recording of the - During the lifetime of the child
birth;if the father or *** Action will survive even the parent or the child
the heirs are residing dies
in the same city or - However, if the child dies:
municipality where - During minority/state of insanity: can
such birth or be continued by the heirs of the child
recording took place - Period of 5 years within which to
2. (2) two years ; if the institute the action from the death of
father or the heirs the child
are still living in the *** heirs may only continue the action; but it should
PH BUT not in the be the child who initiated the action for legitimacy
same city, province ***if not initiated; and child died; heirs cannot
or municipality where continue what has not been started
the birth or recording
took place DISTINGUISH LEGITIMATE FROM LEGITIMATED CHILD
3. (3) three years where
the father or heirs LEGITIMATED:
are living abroad - child born out of wedlock (illegitimate);
4. CONCEALMENT to the parents have no legal impediment to marry
father or heirs: longer each other; parents subsequently married
period upon the each other (ART 177)
knowledge of the LEGITIMATE:
father or heirs (1,2 or - Child conceived/ born during a valid marriage
3years) (ART 170)
b. Father should die after the filing of Procedure:
the complaint without having 1. Execute an affidavit or deed of legitimation
desisted therefrom; at the LCR:
c. child was born after the death of the a. Content:
husband i. Birth cert of child (birth
happened before marriage)
***REASON that father may not want to impugn the ii. Marriage certificate (comes
legitimacy and may want to own the child: father later after the birth)
does not want to be embarrassed and ridiculed in the iii. No legal impediment
community b. When the only defect is the MINORITY
of the PARENTS- below 18: child can
(ART 166)GROUNDS TO IMPUGN THE LEGITIMACY OF be legitimated when parents got
THE CHILD married 18 or above (RA 9858)
1. Physical impossibility for the husband to have
sexual intercourse with his wife; within first
 ***if the at the time of the conception of the child In case husband and wife jointly adopt, or one spouse
there was a legal impediment: the parents cannot adopts the illegitimate son/daughter of the other,
have the child legitimated joint parental authority shall be exercised by the
spouses.
LEGITIMATED CHILDREN HAVE THE SAME RIGHTS AND
PRIVILEGES LIKE A LEGITIMATE CHILD*** Section 8. Who May Be Adopted. – The following
may be adopted:
ADOPTION (a) Any person below eighteen (18) years of age who
has been administratively or judicially declared
RA 8552 Domestic Adoption Act available for adoption;
Section 7. Who May Adopt. – The following may (b) The legitimate son/daughter of one spouse by the
adopt: other spouse;
(a) Any Filipino citizen of legal age, in possession of (c) An illegitimate son/daughter by a qualified
full civil capacity and legal rights, of good moral adopter to improve his/her status to that of
character, has not been convicted of any crime legitimacy;
involving moral turpitude, emotionally and (d) A person of legal age if, prior to the adoption,
psychologically capable of caring for children, at said person has been consistently considered and
least sixteen (16) years older than the adoptee, and treated by the adopter(s) as his/her own child since
who is in a position to support and care for his/her minority;
children in keeping with the means of the family. The (e) A child whose adoption has been previously
requirement of sixteen (16) year difference rescinded; or
between the age of the adopter and adoptee may (f) A child whose biological or adoptive parent(s) has
be waived when the adopter is the biological died: Provided, That no proceedings shall be initiated
parent of the adoptee, or is the spouse of the within six (6) months from the time of death of said
adoptee's parent; parent(s).
(b) Any alien possessing the same qualifications as
above stated for Filipino nationals: Provided, That *** an adoptee whose adoption has been rescinded
his/her country has diplomatic relations with the may also be adopted
Republic of the Philippines, that he/she has been GR: child must come from DSWD
living in the Philippines for at least three (3)
continuous years prior to the filing of the application EFFECT OF LEGAL ADOPTION DECREE:
for adoption and maintains such residence until the Section 16. Parental Authority. – Except in cases
adoption decree is entered, that he/she has been where the biological parent is the spouse of the
certified by his/her diplomatic or consular office or adopter, all legal ties between the biological
any appropriate government agency that he/she has parent(s) and the adoptee shall be severed and the
the legal capacity to adopt in his/her country, and same shall then be vested on the adopter(s).
that his/her government allows the adoptee to enter Section 17. Legitimacy. – The adoptee shall be
his/her country as his/her adopted son/daughter: considered the legitimate son/daughter of the
Provided, Further, That the requirements on adopter(s) for all intents and purposes and as such is
residency and certification of the alien's qualification entitled to all the rights and obligations provided by
to adopt in his/her country may be waived for the law to legitimate sons/daughters born to them
following: without discrimination of any kind. To this end, the
(i) a former Filipino citizen who seeks to adopt a adoptee is entitled to love, guidance, and support in
relative within the fourth (4th) degree of keeping with the means of the family.
consanguinity or affinity; or Section 18. Succession. – In legal and intestate
(ii) one who seeks to adopt the legitimate succession, the adopter(s) and the adoptee shall have
son/daughter of his/her Filipino spouse; or reciprocal rights of succession without distinction
(iii) one who is married to a Filipino citizen and seeks from legitimate filiation. However, if the adoptee
to adopt jointly with his/her spouse a relative within and his/her biological parent(s) had left a will, the
the fourth (4th) degree of consanguinity or affinity of law on testamentary succession shall govern.
the Filipino spouse; or
(c) The guardian with respect to the ward after the ***entitled for support, love and care from adopter
termination of the guardianship and clearance of ***INTESTATE SUCCESSION: reciprocal succession
his/her financial accountabilities. under RA8552
Husband and wife shall jointly adopt, except in the
following cases: RESCISSION: ADOPTION
(i) if one spouse seeks to adopt the legitimate Section 19. Grounds for Rescission of Adoption. –
son/daughter of the other; or Upon petition of the adoptee, with the assistance of
(ii) if one spouse seeks to adopt his/her own the Department if a minor or if over eighteen (18)
illegitimate son/daughter: Provided, However, that years of age but is incapacitated, as
the other spouse has signified his/her consent guardian/counsel, the adoption may be rescinded on
thereto; or any of the following grounds committed by the
(iii) if the spouses are legally separated from each adopter(s): (a) repeated physical and verbal
other. maltreatment by the adopter(s) despite having
undergone counseling; (b) attempt on the life of the counseling from an accredited counselor in his/her
adoptee; (c) sexual assault or violence; or (d) country;
abandonment and failure to comply with parental
obligations.
(d) has not been convicted of a crime
Adoption, being in the best interest of the child, shall
involving moral turpitude;
not be subject to rescission by the adopter(s).
However, the adopter(s) may disinherit the adoptee
for causes provided in Article 919 of the Civil Code. (e) is eligible to adopt under his/her national
Section 20. Effects of Rescission. – If the petition is law;
granted, the parental authority of the adoptee's
biological parent(s), if known, or the legal custody of (f) is in a position to provide the proper care
the Department shall be restored if the adoptee is and support and to give the necessary moral values
still a minor or incapacitated. The reciprocal rights and example to all his children, including the child to
and obligations of the adopter(s) and the adoptee to be adopted;
each other shall be extinguished.
The court shall order the Civil Registrar to cancel the
amended certificate of birth of the adoptee and (g) agrees to uphold the basic rights of the
restore his/her original birth certificate. child as embodied under Philippine laws, the U.N.
Succession rights shall revert to its status prior to Convention on the Rights of the Child, and to abide
adoption, but only as of the date of judgment of by the rules and regulations issued to implement the
judicial rescission. Vested rights acquired prior to provisions of this Act;
judicial rescission shall be respected.
(h) comes from a country with whom the
INTER-COUNTRY ACT OF 1995 Philippines has diplomatic relations and whose
RA 8043 government maintains a similarly authorized and
*** a foreigner may choose: to use the inter-country accredited agency and that adoption is allowed under
act and not the domestic adoption law his/her national laws; and
***intercountry act: procedure is done outside PH:
from filing of the petition until adoption decree is
granted by the court (i) possesses all the qualifications and none of
the disqualifications provided herein and in other
Sec. 5. Composition of the Board. — The Board shall applicable Philippine laws.
be composed of the Secretary of the Department as
ex officio Chairman, and six (6) other members to be Supervised Trial Custody. – No petition for adoption
appointed by the President for a nonrenewable term shall be finally granted until the adopter(s) has been
of six (6) years: Provided, That there shall be given by the court a supervised trial custody period
appointed one (1) psychiatrist or psychologist, two (2) for at least six (6) months within which the parties
lawyers who shall have at least the qualifications of a are expected to adjust psychologically and
regional trial court judge, one (1) registered social emotionally to each other and establish a bonding
worker and two (2) representatives from non- relationship. During said period, temporary parental
governmental organizations engaged in child-caring authority shall be vested in the adopter(s).
and placement activities.

Sec. 9. Who May Adopt. — An alien or a Filipino The court may motu proprio or upon motion of any
citizen permanently residing abroad may file an party reduce the trial period if it finds the same to be
application for inter-country adoption of a Filipino in the best interest of the adoptee, stating the
child if he/she: reasons for the reduction of the period. However, for
alien adopter(s), he/she must complete the six
(6)-month trial custody except for those enumerated
(a) is at least twenty-seven (27) years of age in Sec. 7 (b) (i) (ii) (iii).
and at least sixteen (16) years older than the child to
be adopted, at the time of application unless the
adopter is the parent by nature of the child to be If the child is below seven (7) years of age and is
adopted or the spouse of such parent: placed with the prospective adopter(s) through a
pre-adoption placement authority issued by the
Department, the prospective adopter(s) shall enjoy
(b) if married, his/her spouse must jointly file all the benefits to which biological parent(s) is
for the adoption; entitled from the date the adoptee is placed with the
prospective adopter(s).
(c) has the capacity to act and assume all
rights and responsibilities of parental authority under SUPPORT
his national laws, and has undergone the appropriate Art. 194. Support comprises everything indispensable
for sustenance, dwelling, clothing, medical
 2
0

attendance, education and transportation, in keeping

with the financial capacity of the family. GR: the father and the mother jointly exercise
parental authority over their common children
The education of the person entitled to be supported - In case of disagreement; the father’s decision
referred to in the preceding paragraph shall include will prevail
his schooling or training for some profession, trade or - Unless there is judicial decision to the
vocation, even beyond the age of majority. contrary
Transportation shall include expenses in going to and
from school, or to and from place of work. Art. 212. In case of absence or death of either
parent, the parent present shall continue exercising
parental authority. The remarriage of the surviving
THE FF: ARE OBLIGED TO SUPPORT EACH OTHER: parent shall not affect the parental authority over
Art. 105. the children, unless the court appoints another
(1) The spouses; person to be the guardian of the person or property
(2) Legitimate ascendants and descendants; of the children. (n)
(3) Parents and their legitimate children and the
legitimate and illegitimate children of the latter; ***second H or W will not exercise parental authority
(4) Parents and their illegitimate children and the to the child of the first marriage: REASON he or she is
legitimate and illegitimate children of the latter; and not the parent of the common child;
(5) Legitimate brothers and sisters, whether of full or - to exercise parental authority;legally adopt
half-blood the children; will allow them to exercise
**illegit bros and sis not included in the list but may parental authority
be entitled
Art. 213. In case of separation of the parents,
Art. 199. Whenever two or more persons are obliged parental authority shall be exercised by the parent
to give support, the liability shall devolve upon the designated by the Court. The Court shall take into
following persons in the order herein provided: account all relevant considerations, especially the
(1) The spouse; choice of the child over seven years of age, unless
(2) The descendants in the nearest degree; the parent chosen is unfit. (n)
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters. ***usually the innocent spouse will be allowed by the
court to exercise parental authority
Art. 201. The amount of support, in the cases - If the child is less than 7
referred to in Articles 195 and 196, shall be in - GR: the custody and parental authority is
proportion to the resources or means of the giver and vested to the mother; unless the court finds
to the necessities of the recipient. compelling reason to deprive the mother
- Ex. reasons of denial of parental
***must prove that the giver has enough resources or custody/parental authority
means to give support - Drug addiction, habitual alcoholism,
insanity, communicable disease (take
What needs to show as proof: note of the best interest of the child)
-payslip
- statement of account of business Art. 214. In case of death, absence or unsuitability
of the parents, substitute parental authority shall
Necessities of the Recipient: be exercised by the surviving grandparent. In case
-needs to be proved (tuition, medical etc) several survive, the one designated by the court,
taking into account the same consideration
Art. 202. Support in the cases referred to in the mentioned in the preceding article, shall exercise the
preceding article shall be reduced or increased authority.
proportionately, according to the reduction or
increase of the necessities of the recipient and the Art. 215. No descendant shall be compelled, in a
resources or means of the person obliged to furnish criminal case, to testify against his parents and
the same. grandparents, except when such testimony is
indispensable in a crime against the descendant or by
PARENTAL AUTHORITY: one parent against the other.
- Some total of all the obligations of the
parents towards their children *** if the descendant volunteers to testify against his
own parents; they are allowed.
GR: Parental authority; may not be renounced or - XPN: may be compelled to testify against the
even transferred momentarily ascendant if acts are directed against the
XPN: in cases authorized by law: child (abusing/molesting the child; sexual
1. Adoption; acts are done privately, no witness; the
2. Guardianship testimony of the child is indispensable to the
3. Orphanages or child rearing institutions ends of justice)
 - May also be compelled to testify against All other cases not covered by this and the preceding
another parent/ grand if the offense is done articles shall be governed by the provisions of the
against the other parent/grand Civil Code on quasi-delicts.

Parental Authority over

DEFENSES;
FOUNDLINGS/ABANDONED/NEGLECTED/ABUSED
- If it can be proved that one has exercised
Children
ordinary diligence of a good father of the
- The head of ORPHANAGES or CHILD REARING
family
INSTITUTION accredited by the proper govt
agency
Art. 223. The parents or, in their absence or
- Not automatic; shall undergo SUMMARY
incapacity, the individual, entity or institution
JUDICIAL PROCEEDINGS FC
exercising parental authority, may petition the
proper court of the place where the child resides,
SUBSTITUTE PARENTAL AUTHORITY
for an order providing for disciplinary measures over
- Both parents are absent/ dead
the child. The child shall be entitled to the assistance
of counsel, either of his choice or appointed by the
Art. 216. In default of parents or a judicially court, and a summary hearing shall be conducted
appointed guardian, the following person shall wherein the petitioner and the child shall be heard.
exercise substitute parental authority over the child
in the order indicated: However, if in the same proceeding the court finds
the petitioner at fault, irrespective of the merits of
(1) The surviving grandparent, as provided in Art. the petition, or when the circumstances so warrant,
214; the court may also order the deprivation or
suspension of parental authority or adopt such other
measures as it may deem just and proper.
(2) The oldest brother or sister, over twenty-one
years of age, unless unfit or disqualified; and
Art. 225. The father and the mother shall jointly
exercise legal guardianship over the property of the
(3) The child's actual custodian, over twenty-one unemancipated common child without the necessity
years of age, unless unfit or disqualified. of a court appointment. In case of disagreement, the
father's decision shall prevail, unless there is a
Whenever the appointment or a judicial guardian judicial order to the contrary.
over the property of the child becomes necessary,
the same order of preference shall be observed. Where the market value of the property or the annual
income of the child exceeds P50,000, the parent
concerned shall be required to furnish a bond in
SPECIAL PARENTAL AUTHORITY such amount as the court may determine, but not less
Art. 218. The school, its administrators and than ten per centum (10%) of the value of the
teachers, or the individual, entity or institution property or annual income, to guarantee the
engaged in child are shall have special parental performance of the obligations prescribed for general
authority and responsibility over the minor child guardians.
while under their supervision, instruction or custody.
A verified petition for approval of the bond shall be
Authority and responsibility shall apply to all filed in the proper court of the place where the child
authorized activities whether inside or outside the resides, or, if the child resides in a foreign country,
premises of the school, entity or institution. in the proper court of the place where the property
or any part thereof is situated.
***even those who are of legal age
The petition shall be docketed as a summary special
Art. 129. Those given the authority and responsibility proceeding in which all incidents and issues regarding
under the preceding Article shall be principally and the performance of the obligations referred to in the
solidarily liable for damages caused by the acts or second paragraph of this Article shall be heard and
omissions of the unemancipated minor. The parents, resolved.
judicial guardians or the persons exercising
substitute parental authority over said minor shall The ordinary rules on guardianship shall be merely
be subsidiarily liable. suppletory except when the child is under substitute
parental authority, or the guardian is a stranger, or a
parent has remarried, in which case the ordinary
The respective liabilities of those referred to in the rules on guardianship shall apply.
preceding paragraph shall not apply if it is proved
that they exercised the proper diligence required SUSPENSION OR TERMINATION OF PARENTAL
under the particular circumstances. AUTHORITY
Art. 228. Parental authority terminates permanently:
(1) Upon the death of the parents; ART 41: Declaration of Presumptive Death
(2) Upon the death of the child; or ELement:
(3) Upon emancipation of the child. 1. There is absence for 2/4 continuous years
2. Present spouse has a well founded belief that
rt. 229. Unless subsequently revived by a final the absentee spouse is dead
judgment, parental authority also terminates:
(1) Upon adoption of the child; ART 51: Delivery of Presumptive Legitime to the
(2) Upon appointment of a general guardian; Legitimate Children
(3) Upon judicial declaration of abandonment of the Requisite:
child in a case filed for the purpose; - There is dec. of nullity of marriage/
(4) Upon final judgment of a competent court annulment
divesting the party concerned of parental authority; ***court: for the delivery of the presumptive legitime
or
(5) Upon judicial declaration of absence or incapacity ART 69:
of the person exercising parental authority. GR: H&W shall fix the family domicile
- Disagreement; Court will determine
When parental authority may be suspended:
ART 73:
Art. 230. Parental authority is suspended upon GR: any of the spouses can exercise a legitimate
conviction of the parent or the person exercising the business, profession even without the consent of the
same of a crime which carries with it the penalty of other spouse
civil interdiction (accessory penalty). The authority is XPN: when there is objection from the other spouse
automatically reinstated upon service of the penalty on valid, serious and moral grounds
or upon pardon or amnesty of the offender.
***court: to determine the objection is proper; and if
***parental authority will be automatically reinstated the benefit accrued to the family before the
upon service of penalty or upon pardon or amnesty of objection
the offender - If the benefit accrued before the objection;
ACP/CPG liable
Art. 231. The court in an action filed for the purpose - If after: separate property of the spouse who
in a related case may also suspend parental authority did not obtain consent will be liable
if the parent or the person exercising the same:
(1) Treats the child with excessive harshness or ART: 96 Administration of the ACP
cruelty; ART124: Administration of the CPG
(2) Gives the child corrupting orders, counsel or ART 217: Parental Authority over the Foundlings,
example; Abandoned, Neglected and Abused
(3) Compels the child to beg; or - To transfer to the heads of the orphanage;
(4) Subjects the child or allows him to be subjected court needed
to acts of lasciviousness. ART 223: Disciplinary measures over the child
ART 225: Judicial Bond over the property of the child
The grounds enumerated above are deemed to - Determined by the court but not less than
include cases which have resulted from culpable 10% of the annual income of the child
negligence of the parent or the person exercising ART 239: Need for Judicial Authorization because the
parental authority. SPS are separated de facto
If the degree of seriousness so warrants, or the - One of the sps has left the conjugal home;
welfare of the child so demands, the court shall hence abandonment; for 3 months and no
deprive the guilty party of parental authority or intent to return to the conjugal dwelling
adopt such other measures as may be proper under - To authorize: the properties that may be
the circumstances. encumbered or sold

The suspension or deprivation may be revoked and IMPORTANCE OF THE SUMMARY JUDICIAL
the parental authority revived in a case filed for PROCEEDING:
the purpose or in the same proceeding if the court - Not a trial type
finds that the cause therefor has ceased and will - Submit docs, contracts or deeds that need to
not be repeated. be allowed, granted or judicially authorized
by the court
Permanent Deprivation: Parental Authority - Affidavits of the witnesses; to appear in court
Art. 232. If the person exercising parental authority to confirm
has subjected the child or allowed him to be - DECISION IS IMMEDIATELY FINAL AND
subjected to sexual abuse, such person shall be EXECUTORY ART 247
permanently deprived by the court of such authority. - Appeal is not allowed
- If aggrieved by the lower court:
SUMMARY JUDICIAL PROCEEDINGS REMEDY Rule 65 to CA
 - If denied: to SC Rule 45 Art. 376. No person can change his name or surname
- Family Court/RTC without judicial authority.

USE OF SURNAMES: Art. 377. Usurpation of a name and surname may be

Surnames that may be used by a the subject of an action for damages and other relief.
legitimate/legitimated Child: - If only as a screen name/pen name may be
- Surname of the father allowed; provided; is not for the purpose
Illegitimate Child: which is criminal in nature
GR: surname of the mother
XPN: under REVILLA LAW; may use surname of the Art. 378. The unauthorized or unlawful use of another
father; provided the father has voluntarily recognized person's surname gives a right of action to the latter.
the child
Legally Adopted: Art. 379. The employment of pen names or stage
- Use the surname of the adopter names is permitted, provided it is done in good faith
and there is no injury to third persons. Pen names
MARRIED WOMAN: and stage names cannot be usurped.
Art. 370.NCC: A married woman may use:
Art. 380. Except as provided in the preceding article,
(1) Her maiden first name and surname and add her no person shall use different names and surnames.
husband's surname, or
***Roman number: descendant
(2) Her maiden first name and her husband's surname Junior: son
or

(3) Her husband's full name, but prefixing a word CHANGE OF NAME:
indicating that she is his wife, such as "Mrs." GR: not allowed without judicial action
- However, under the CLERICAL ERROR LAW
When there’s annulment of marriage: (Cayetano Law) :
Art. 371. In case of annulment of marriage, and the - Sec 2 RA 9048, a “clerical or typographical
wife is the guilty party, she shall resume her maiden error” refers to a mistake committed in the
name and surname. If she is the innocent spouse, she performance of clerical work in writing,
may resume her maiden name and surname. copying, transcribing or typing an entry in the
However, she may choose to continue employing civil register that is harmless and innocuous,
her former husband's surname, unless: such as misspelled name or misspelled place
(1) The court decrees otherwise, or of birth, mistake in the entry of day and
month in the date of birth or the sex of the
(2) She or the former husband is married again to person or the like, which is visible to the eyes
another person. or obvious to the understanding, and can be
corrected or changed only by reference to
DEATH of the HUSBAND other existing record or records: Provided,
Art. 373. A widow may use the deceased husband's however, That no correction must involve the
surname as though he were still living, in accordance change of nationality, age, or status of the
with Article 370 petitioner.
- Should include VDA de - Change of name shall only pertain to
- May also revert to maiden surname the first name or nickname NOT the
surname; only a correction of clerical
LEGAL SEPARATION error
Art. 372. When legal separation has been granted, - Must be proved that it is only
the wife shall continue using her name and clerical
surname employed before the legal separation. - Go to LCR: administrative: not
citizenship, nor birthdate
Art. 374. In case of identity of names and surnames, Sec 4 RA 9048 GROUNDS to be allowed to change
the younger person shall be obliged to use such First name:
additional name or surname as will avoid confusion. 1. name is ridiculous
2. Name is tainted with dishonor
Art. 375. In case of identity of names and surnames 3. Extremely difficult to write or
between ascendants and descendants, the word pronounce
"Junior" can be used only by a son. Grandsons and 4. To avoid confusion
other direct male descendants shall either: 5. Habitually using a different name

(1) Add a middle name or the mother's surname, or

(2) Add the Roman Numerals II, III, and so on.