Persons and Family Relations Reviewer Article 1 Civil Code of the Philippine Article 2 August 30, 1950 Civil

Code of the Philippines took effect Article 3 Ignorance of the law excuses no one Article 4 Laws shall have no retroactive effect Article 5 Mandatory (shall be done) and prohibitory (shall not be done) laws Article 6 Rights that may be waived except 1. contrary to law 2. morals 3. public policy 4. good customs 5. prejudicial to 3rd person Article 7 Constitution absolute measure of validity of a law. If a law is unconstitutional, it is void Article 8 Statutes and Supreme Court cases form part of legal system of RP Article 9 Judge or court shall always render judgment by law and rules of fairness and equality Article 10 In case of doubt, look at intent of law Article 11 Customs contrary to: 1. law 2. public order 3. public policy shall not be countenanced Article 12 Customs must be proven by fact Article 13 years=365 days Months=30 days Days= 24 hours Night= sunset to sunrise Article 14 Penal laws and those of public security is applicable to all living and sojourning in Philippines Article 15 Laws relating family rights, duties, laws and conditions shall be binding to all Filipino citizens even though living abroad Article 16 Real property and personal property- law of country where situated Intestate and testamentary successions-regulated by national law Philippine Consulate in Macau- under Philippine law Article 17 Forms, solemnities of contracts, will and public instruments shall be governed by country in which they are executed Treaties abroad even unconstitutional still valid as far as in the country where executed is concern it is valid Article 18 Civil Code will be suppletory to Code of Commerce and Special Law Deficiencies

Article 19 Every person Doing a lawful act Exercise of his rights and duties Just fair treatment Article 20 Every person Unlawful act Damage to another Shall indemnify him/her Article 21 Every person who cause loss or injury to another shall compensate him/her -lawful act but contrary to moral, good customs or public policy Article 22 Reparation/Return of a thing -Every person who comes into possession of something at expense of latter shall return the same to him Article 23 Unjust enrichment -latter shall indemnify person if through him whether by fault or negligence cause damage to anothers property Person in good faith invested money to develop and grow fruit-bearing trees to a land believed his own but belongs to State -SC recognized ownership of State of land but ordered to pay person value of actual improvements he made Car umiwas mabangga child hit an empty stall shall indemnify owner of empty stall Article 24 Court vigilance to Morally dependent Ignorant Indigent Mental weakness Tender age Handicap Inherent inequality in bargaining position-ascendancy of employer is always present Article 25 Thoughtless extravagance can be stopped Article 26 Prying, Vexing, Intriguing, Meddling shall be punished Article 27 Good faith rewarded, bad faith punished Civil personality Article 37- Juridical capacity-inherent and lost only through death Capacity to act- power to do with legal effect acquired and maybe lost Article 38- Minority, insanity, imbecility, deaf-mute, prodigality and civil interdictionlimited capacity to act Article 39- Religious belief or political opinion- does not limit capacity to act

Natural Persons Article 40 Birth determines personality/conceived child considered born Article 41 Foetus considered born if: 7 mo= 24 hrs he or she is alive 9 mo= 1 second he or she is alive Birth, death and marriage certificates are mere evidences Article 42 Civil personality extinguished by death Article 43 HE WHO ALLEGE MUST PROVE Family Law August 3, 1988- 1987 Family Code took effect Article 1 Marriage -special contract Permanent union Between a man and a woman For conjugal and marital life No conditions except through marriage settlements Governed by law, inviolable Article 2 Essential requisites of marriage 1. legal capacity of 2 contracting parties that must be a male and a female 2. consent freely given in the presence of an authorized solemnizing officer Article 3 Formal requisites 1. authority of solemnizing officer 2. valid marriage license except in Chapter 2 3. marriage ceremony, personally done by contracting parties, before solemnizing officer and at least 2 witnesses of legal age and personal declaration as husband and wife marriage is a public ceremony, no secret marriage Article 4 absence of requisites- ab ignitio Defect-voidable Irregularity- no effect, still valid Article 5 and 6 related to Article 3 Article 7 Authorized solemnizers of marriage 1. incumbent member of judiciary within courts jurisdiction 2. priest, rabbi, imam or minister of any church or religious sect duly authorized by his church or religious sect- one of the contracting parties must be a member 3. ship captain/airplane chief- articulo mortis both or either contracting parties 4. military commander of a unit to w/c chaplain is assigned in the absence of the latter during a military operation- articulo mortis both or either contracting parties

5. consul-general, consul or vice-consul= both Filipinos abroad; authorized solemnizing officer and local registrar Article 9 Marriage license Issued by local civil registrar of city/municipality where either contracting party habitually resides Parental Consent- 18-20; absence makes marriage voidable Parental Advice- 21-25; 3 mo before valid marriage license Proof of age Birth certificates Baptismal certificates Affidavit Physical appearance Article 17 Obstacle in marriage Local civil registrar still issue Only court can intervene Article 18 Presumption of marriage Article 26 Valid where celebrated marriages 1. Foreigners 16 y.o. married if valid in their country valid also in RP 2. Filipinos 16 y.o. other country- invalid/ void in RP 3. Foreigner 16 Filipino 18 with parental consents married in foreign country- valid in RP 4. If same sex- not valid Divorce 1. Both Filipinos elsewhere then divorce- not valid 2. Filipino- Foreigner= as long as valid, valid in RP 3. Filipino- Filipino= the other spouse change citizenship; as long as valid, valid in RP Note: Foreigner shall initiate divorce Unfair to Filipino spouse Foreign marriage 1. expert witness 2. custody of law 3. validity of law at time of marriage

Chapter 2

Exempt from license requirement 1. articulo mortis 2. residence no means of transportation 3. Muslim, ethnic groups etc one of contracting members 4. 5 yrs living as husband and wife w/o legal impediment Void marriages Article 35 Void marriages 1. below 18 yo 2. not authorized solemnizing officer 3. w/o license except Chapter 2 4. bigamous/polygamous 5. mistake in identity 6. Article 53- distribution of legitime to children must be done first Void marriages can be collaterally attacked Bad/good faith immaterial except 1. believing solemnizing officer as authorized 2. Article 41 presumption of death 3 cases in direct attack 1. judicial declaration of nullity for remarriage 2. no need for number 1 in reasons other than remarriage 3. donor revoke donation propter nuptias Article 36 Psychological incapacity 1. fear to have children 2. unreasonable attachment to family/barkada Article 37 Incestuous marriage 1. ascendants and descendants 2. full/half blood brothers/sisters Article 38 Public policy void marriages 1. collateral blood relative legitimate/illegitimate, 4th civil degree (up to 1st cousin) 2. step-parent and step children 3. parent-in-law and children in law 4. adopting parent and adopted child 5. surviving spouse of adopting parents and adopted child 6. adopted child and legitimate child 7. adopted children same adopter 8. intentional killing of ones spouse to marry surviving spouse Article 39 Declaration of absolute nullity of a marriage shall not prescribe

-no prescription; husband and wife only can file but can be collaterally attacked for inheritance or donations In this case, heirs can bring this action to court If both acted in bad faith in a void marriage- still void. Once void always void Presumption of validity not validate void marriage As long as nobody questions ok but if one of them dies-can be proven by documents Article 40 Judicial declaration of nullity necessary for remarriage but not in case of support Carino and Mercado cases not good since both cases involves: -1st marriage which is void -2nd marriage -SC declared 1st marriage valid since even if void no judicial decree of nullity filed -defeats notion/theory that void marriage is always void In a void marriage Art 147- void but not incapacitated to marry -favorable to housewife Article 148- actual contribution -one spouse in bad faith -share of bad faith spouse will go to the absolute community of valid marriage -good faith rewarded, bad faith punished Illegitimate/legitimate legally adopted child as long as recognized is entitled to support Bigamous marriage, as a general rule, is void Article 41 Presumption of death- valid bigamous marriage -absence of four consecutive years -spouse had well-founded belief that absent spouse was already dead -if theres danger of death 2 consecutive years only Article 42 to invalidate 2nd marriage, sworn statement of reappearance to restore 1st marriage 1st wife presumed dead 2nd marriage 1st wife reappears, husband fall in love and went to bed with 1st wife Can 2nd wife file legal separation on ground of sexual infidelity? Yes but as a defense 1st wife can file sworn statement of reappearance Article 392 revival to enter capacity to contract Effects of absolute nullity 1. no absolute community

2. 3. 4. 5.

childrens legitimacy will be affected no right to inherit from each other no right of woman to use mans surname no more mutual obligation

Article 43 Termination effects 1. children in Article 41 are legitimate because marriage still considered valid since theres presumption of death 2. property relationship ACP not CPG 3. Donation valid but if donee bad faith by operation of law/automatic/no need to file case portion revoked will go to donor 4. innocent spouse may/may not revoke designation of bad faith spouse as beneficiary in any insurance policy 5. Bad faith spouse cannot inherit from good faith spouse Article 44 If both spouses bad faith Void ab initio -donations by reason of marriage and testamentary dispositions made by one in favor of other are revoked by operation of law Article 45 Grounds for annulment 1. 18-20 w/o parental consent 2. unsound mind 3. Consent by fraud (Article 46) a. non-disclosure of a previous conviction by a final judgment of the other party of a crime involving moral turpitude (similar to Article 55 paragraph 4) legal separation- imprisonment of more than 6 yrs b. wife conceals she is pregnant with other mans child- similar to Article 55 paragraph 8 sexual infidelity/perversion -child considered child of husband -maternity can be proven, paternity cannot be impugned - 6 mo when pregnancy becomes visible - 4 mo can still be concealed c. concealment of STD regardless of nature existing at time of marriage d. concealment of drug addiction, lesbianism or homosexuality( annulment if at time of marriage and legal separation after marriage), habitual alcoholism(scientific evidence)- similar to Art 55 par 5 and 6 4. force, intimidation or undue influence 5. physically incapable of consummating marriage and appears to be incurable 6. STD serious and appears to be incurable

STD as fraud

STD as annulment grounds

Morally and physically unfit Any Fraud because of the concealmentregardless of nature aware

Transmissibility of disease to offspring Incurable and serious Does not matter if aware or not

If both spouse has STD, who can file annulment?- injured party can file; marriage remain as is but cannot compel to live together if they do not want to live together- liberty in Constitution Unsound mind Lucid/curable- during lucid interval can perform obligations Disease like in bipolar- sometimes innate Obsessive-compulsive disorders Article 47 Ground 1. No parental consent 2. Insanity Party to file suit Parent or guardian No consent party Sane spouse Relative guardian Insane spouse Injured party Injured party Prescription Reaches age 21 Within 5 yrs after 21 Anytime before death Anytime before death Lucid interval or after regaining sanity Within 5 yrs after fraud discovery Within 5 yrs from disappearance of force, intimidation or undue influence Within 5 yrs after marriage ceremony Psychological incapacity Incurable Existence in marriage Cannot perform obligations

3. Fraud 4. vitiated consent

Incapability to consummate/std

Injured party