persons and family relations midterm reviewer

Engr. Andre RamosPersons Midterms

Introduction/Persons

I. What is a lawa. Rule of human conductb. Just and obligatoryc. Promulgated by competent authorityd. Common observance and benefit

II. When laws take effecta. 15 days after publicationb. In Official Gazette or newspaper of general circulationc. Prospective effect

III. Ignorance of the Lawa. Ignorance of the Law excuses no oneb. Ignorance of fact may excuse a party

IV. Retroactivity of Lawsa. Laws shall have no retroactive effectb. Exceptions

i. Expressii. Penal statutes favorable to the accused

iii. Remedial statutesiv. Curative statutesv. Interpreting statutes

vi. Laws creating new rightsV. Mandatory or prohibitory laws

a. Mandatoryi. Relate to substance

ii. Affect substantial rightsiii. Very essence of the thing required to be done

b. Directoryi. Does not affect substantial right

ii. ProceduralVI. Waiver of rights

a. Rights may be waived unlessi. Civil status

ii. Validity of marriageiii. Any ground for legal separationiv. Future supportv. Jurisdiction of courts

vi. Future legitimeb. Requirements of a valid waiver

i. Must actually possess the rightii. Capacity to make renunciation

iii. Renunciation is clear and equivocalVII. Repeal of laws

a. Inconsistent with Consti, former shall be void and latter shall governVIII. Judicial decisions

a. Decisions form part of the legal system of the Philippinesb. Purpose of Jurisprudence

i. To fill deficiencies of legislationii. Adjust rigidity of law

c. Stare decisis


IX. Duty to render judgmenta. No judge shall decline to render judgment by reason of the silence, obscurity

or insufficiency of the lawsb. Unless criminal casec. Customs

i. Constant and continued uniform practiceX. Presumption and Applicability of Custom

a. Lawmaking body intended right and justice to prevailb. Custom must be proved as a fact

XI. Legal Periodsa. Year – 365 daysb. Months – 30 daysc. Days – 24 hoursd. Nights – Sunset to sunrise

XII. Applicability of Penal Lawsa. Aliens are bound by Penal Law

XIII. Nationality rulea. Laws relating to family rights and duties are binding on the citizens of the

Philippines even though living abroad.b. Intestate and Testate under nationality rule

XIV. Lex loci celebrationsa. Forms and solemnities of contracts governed by laws of the country in which

they are executedb. Processual Presumptionc. Foreign law is the same as the law of the land when the former is either not

alleged or if alleged, it is not proved.XV. Persons

a. Naturali. Individual or physical beings who exist in nature are perceptible to

the sensesb. Juridical

i. Have no physical existence but exist only in contemplation of lawXVI. Juridical Capacity

a. Fitness to be the subject of legal relationsb. Inherent in every natural personc. Lost only through death

XVII. Capacity to Acta. Power to do acts with legal effectb. Acquired and may be lost

XVIII. Birtha. Birth determines personality but the conceived child shall be considered

born for all purposes that are favorable to itb. Provided it is born laterc. If fetus is born alive, it is considered bornd. If premature (below 7 months)e. Civil personality shall commence from time of conception

XIX. Deatha. Civil personality is extinguished by deathb. Estate of a deceased person is considered a person

XX. Juridical Personsa. State and its political divisions


b. Other corporations, institutions and entities for public interestc. Corporations, partnerships and associations for private interest

i. Corporations1. SEC approval of articles of incorporation gives birth to the

juridical personii. Partnership

1. two or more persons bind themselves to contribute money, property, or industry to a common fund

2. profit divided among themselvesXXI. Restrictions on Civil Capacity

a. Presumption of Capacityb. Restrictions on Capacity to Act

i. Minority1. Suffrage2. Marriage3. Contracts

ii. Insanity1. Marriage2. Contracts3. Criminal liability

iii. Deaf-Mutismiv. Prodigalityv. Civil Interdiction

vi. Family relations1. between husband and wife

a. cannot sell property to each other excepti. separation of property regime

ii. judicial separation of property2. between parents and children3. Among brothers and sisters, full or half-blood

vii. Alienageviii. Absence

1. 2 years without any news or since receipt of last news2. 5 years if left someone as administrator of property3. Shall take effect after 6 months from publication4. After 7 years, presumption of death5. Succession, after 10 years6. Over 75 y/o, 5 years

ix. Insolvency and Trusteeshipx. Gender

XXII. Domicile and Residencea. Domicile

i. Fact of residing or physical presence in a fixed placeii. Intention to return

iii. Husband and wife must fix the family domicileiv. Only one domicile

b. Residencei. Physical presence of a person in a given area

ii. May have several residences


Marriage

I. Marriage (FC Art. 1)a. Special contractb. Permanent unionc. Between a man and a womand. In accordance with lawe. Purpose: Establishment of conjugal and family life

i. Procreationii. Companionship

- Statuso Inviolable social institutiono Governed by lawo Not subject to stipulationo Two fields:

Personal rights and obligations Property Relations

II. Breach of Promise to marrya. Liable for damages if:

i. Preparation has been doneii. Seduction

III. Essential Requisites (FC Art. 2)a. Legal capacity

i. Biological gender, male and femaleb. Consent freely given

i. Of participating partiesii. Not parents

iii. Personally appeariv. No proxy

IV. Formal Requisites (FC Art. 3)a. Authority of solemnizing officerb. Marriage Licensec. Marriage Ceremony

i. Appear personallyii. Before solemnizing officer

V. Absence/Defect/Irregularity (FC Art. 4)a. Absence

i. Void ab initiob. Defect (Essential)

i. Voidablec. Irregularity (Formal)

i. Valid, person responsible administratively, civilly, or criminally liableVI. Minimum Age (FC Art 5)

a. 18 years oldVII. Form of Marriage (FC Art 6)

a. Most critical: personal appearance before solemnizing officerb. Not void if:

i. No witnessesii. Did not orally declare

iii. No marriage certificate or contractVIII. Who can solemnize marriages


a. Incumbent member of the judiciary within its jurisdictionb. Priests, rabbis, ministers of any church

i. Duly authorized by his churchii. Registered with the office of the Civil Registrar General

iii. EXTRA: at least one of the contracting parties belongs to the sectc. Ship captains or airplane chiefs

i. Articulo mortisii. Ship at sea or plane in flight

iii. During the voyageiv. Not yet terminatedv. Captain of the ship or chief pilot of the airplane

d. Military Commanders of a uniti. Commissioned officer

ii. Articulo mortisiii. Within zone of military operationsiv. Only in absence of chaplainv. Battalion

vi. Emergencye. Consuls

i. Filipinos abroad, consuls assigned theref. Mayor

IX. Venue (FC Art. 8)a. Chambers of judge, open courtb. Church, chapel or templec. Office of consuld. Except in articulo mortis or remote placese. May request solemnizing officer in writing for other place

X. Where the license is issued (FC Art 9)a. Civil registrar of the municipality where they habitually reside.

XI. Consul Marriage (FC Art 10)a. Need for marriage license to be issued by consulb. All Filipino

XII. Agea. Below 18 – Voidb. 18-21 – Need for parental consent – Without it, voidablec. 21-25 – Need for parental advise – Without it, 3 month delay

XIII. Marriages between Filipino and Foreigner (FC Art 26)a. If foreigner validly obtains absolute divorce abroad, Filipino can remarry

under Philippine law as wellb. Foreign marriages not valid

i. No legal capacityii. Bigamous or Polygamous

iii. Lacking consentiv. Psychologically incapacitatedv. Incestuous

vi. Against public policyXIV. Marriages not requiring license

a. Articulo Mortisi. Point of death

b. No means of transportationc. Articulo Mortis by ship captain and chief pilot


d. Articulo Mortis by military commandere. Among Muslims and ethnic communities

i. Must be solemnized according to their customsf. Lived together as husband and wife for 5 years

i. No legal impedimentii. If false affidavit, void

Void Marriages

I. Below 18a. Parental consent does not cure this

II. No authority of solemnizing officera. If both or one believed in good faith, valid

III. No marriage licenseIV. Bigamous or Polygamous Marriage

a. Good faith is immaterialV. Mistake of identity

a. Physical identityVI. Psychological Incapacity

a. Santos Doctrinei. Gravity

ii. Juridical Antecedenceiii. Incurability

b. Molina Doctrinei. Burden of proof on plaintiff

ii. Root causeiii. During time of marriageiv. Incurablev. Grave

vi. Non-complied marital obligationvii. Contemporaneous religious interpretation

viii. Prosecuting attorney as counsel for statec. Marcos Doctrine

i. No need for expert witnessd. Even psychologically incapacitated person can file

VII. Incestuousa. Ascendantb. Descendantc. Full blood brother and sisterd. Half blood

VIII. Public policya. Collateral blood relatives (up to 4th civil decree)b. Step parents and step childrenc. Parents-in-law and children-in-lawd. Adopting parent and adopted childe. Surviving spouse of adopting parent and adopted childf. Surviving spouse of adopted child and adopterg. Adopted child and Legitimate child of the adopterh. Adopted children of same adopteri. Parties where one killed the other spouse

IX. Absent spouse


a. Declaration of presumptive deathi. 4 years gone

ii. 2 years if in dangeriii. Well founded belief he is deadiv. Files summary proceeding

b. Effect of reappearance of absent spousei. Children conceived prior to termination is legitimate

ii. Property is liquidated1. If a spouse contracted in BF, share forfeited if favor of

a. Common childrenb. Guilty spouse’s childrenc. Innocent spouse

iii. Donations valid except if BF, revoked by operation of lawiv. Insurance revocablev. BF spouse cannot inherit by testate or intestate succession

Voidable Marriages

I. No parental consenta. 18-21 y/ob. parent or guardian, below 21 party may filec. prescribes 5 years after reaching 21d. may be ratified through cohabitation

II. Insanitya. Can be filed by sane spouse, parent or guardian, insane spouse during lucid

intervalb. Must be filed before deathc. Free cohabitation after regaining insanity

III. Frauda. Concealment of pregnancyb. Concealment of previous conviction of final judgment of crime of moral

turpitudec. Concealment of STDd. Concealment of drug addiction, habitual alcoholism or homosexuality or

lesbianismIV. Force, Intimidation or Undue InfluenceV. Physical IncapacityVI. Affliction with STD

a. Seriousb. Incurable

Legal Separation

I. Sexual Infidelitya. No need for conviction of adultery or concubinage

II. Drug Addiction, Habitual Alcoholism, Lesbianism or HomosexualityIII. Attempt on the Life of the other spouse

a. Intent to kill must be proven by an overt actb. Conviction not necessary

IV. AbandonmentV. Repeated physical violence or grossly abusive conduct


VI. Physical Violence or moral pressure to compel change religious or political affiliation

VII. Inducing to prostitutionVIII. Final judgment sentencing the respondent to imprisonment of more than six

yearsIX. Contracting a bigamous marriageX. Who can file

a. As of March 15, 2003, rules on legal separation say only spouses may file against each other.

XI. Cooling off perioda. 6 monthsb. Except when VAWC

XII. Defensesa. Consent

i. Prior to actb. Condonation

i. Forgivenessii. After the act

c. Recriminationi. Both are guilty

d. Collusioni. Agreement

XIII. Reconciliationa. Legal sep proceeding terminatedb. Final decree set asidec. Can start new property regime

XIV. Effect of deatha. When one spouse dies, action dies as wellb. If final decree given, and division of property going on, deceased party may

be substituted


Grounds for Void, Voidable and Legal Separation

GroundsVoid Marriages Voidable Marriages Legal Separation

Below 18 18-21 w/o parental consent Repeated physical violence or grossly abusive conduct

No authority of solemnizing officer

Unsound mind Physical Violence or Moral Pressure to compel to change religious or political affiliation

No marriage license Consent by fraud Corruption to prostitutionBigamous or polygamous marriage

Force, Intimidation, or Undue Influence

Final judgment to more than 6 years imprisonment

Mistake of identity Physically incapable of consummating marriage (Incurable)

Drug addiction or habitual alcoholism

Without complying to requirements of Art. 53:

a) Judgment of nullityb) Distribution of

propertyc) Delivery of

Children’s Legitimes

Afflicted with serious incurable STD.

Lesbianism or homosexuality

Psychological Incapacity Contracting a bigamous marriage

Incestuous Sexual infidelity or perversion

Against Public Policy Attempt of lifeAbandonment without justifiable cause for more than one year

Rights and Obligations Between Husband and Wife

I. Personal Obligations (FC Art. 68)a. Live together

i. Cohabitation1. Except

a. Dangerousb. Maltreatmentc. With parents and constant quarrelingd. Illicit relations over timee. Gambling, no supportf. No fixed residenceg. Shameful business at home

ii. Normal sexual intercourse1. Can refuse when

a. Illb. Perversec. Venereal disease


- Remedies of Husbando Refuse supporto Moral damageso Court counseling

b. Observe mutual love and respect and fidelityi. Infidelity can be criminally charged

ii. Cannot commit acts to dishonor the otherc. Render mutual help and support

i. Management of house duty of bothII. Domicile (FC Art. 69)

a. Both can fix, Court decides if there is a disagreementIII. Support of family (FC Art. 70)

a. Orderi. Community property or conjugal property

ii. Income or fruits of the propertiesiii. Separate properties of spouses

IV. Household (FC Art. 71)a. Right and duty of both spouses

V. Danger, Dishonor or Injury (FC Art 72)a. Neglect of duties to conjugal unionb. Acts that bring dishonor, danger or injury

VI. Profession (FC Art 73)a. Either spouse may practice any professionb. Can only object on valid, serious and moral groundsc. If after objection, liability arises, it will be enforced on separate properties

Important Dates:1. August 30, 1950 – promulgation of NCC2. August 19, 1986 – Wiegel case promulgation3. August 3, 1988 – promulgation of FC4. March 15, 2003 – AM on Rules of Legal Separation

persons and family relations midterm reviewer

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