Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Must file for petition of presumptive Parental, Substitute and Special Authority
death of missing (absentee) spouse. Notes in PFR Class:
Proved that spouse is missing 4 years or
2 years according to ART 291. Parental Authority
Well-Founded Belief is established to
Natural (Biological Parents)
prove spouse is already dead.
Covers Persons (Child) and its Properties
In appearance of missing spouse, he must: Unemancipated child
(2) The oldest brother or sister, over twenty-one years of age, Art. 234. Emancipation takes place by the attainment of
unless unfit or disqualified; and majority. Unless otherwise provided, majority commences at the
age of twenty-one years.
(3) The child's actual custodian, over twenty-one years of age,
unless unfit or disqualified. Emancipation also takes place:
Whenever the appointment or a judicial guardian over the (1) By the marriage of the minor; or
property of the child becomes necessary, the same order of
(2) By the recording in the Civil Register of an agreement in a
preference shall be observed.
public instrument executed by the parent exercising parental
Art. 218. The school, its administrators and teachers, or the authority and the minor at least eighteen years of age. Such
individual, entity or institution engaged in child are shall have emancipation shall be irrevocable.
special parental authority and responsibility over the minor child
while under their supervision, instruction or custody. Art 45, 46, 47 Voidable Marriages
Authority and responsibility shall apply to all authorized Notes in PFR Class:
activities whether inside or outside the premises of the school,
entity or institution.
Art 45 Grounds of Annulment (Voidable Marriage)
Art 230, 231 and 232 Grounds for Suspension
a) Lack of Parental Consent
of Parental Authority
18-21 without parents consent can be
Notes in PFR Class: voidable, filed by parents or guardians of
parties before turning 21.
Termination of Parental Authority of Natural 21 above, commenced by the contracting
Parents on the following grounds: parties, 5 years period from 21 or else it
Death of Natural Parents will be barred, marriage is deemed valid.
Death of the Child If they freely cohabitated, defect was
Adoption ratified at age of 21 and above, marriage is
Appointment of General Guardian valid. Action for voidable marriage will not
Declaration of Court that the child is prosper.
abandoned. (DSWD or Child Institution) b) Insanity
Emancipation (Child above 18 Years old) Can be filed any time before death, with
unsound mind.
* If Parents sexually assault the child, it will Can be filed by (1) Parent or Guardian, (2)
PERMANENTLY terminates his PA. Same spouse against insane spouse, (3)
Insane spouse during lucid interval.
Art. 228. Parental authority terminates permanently:
Annulment will not prosper if the spouse
(1) Upon the death of the parents; freely cohabitated with insane spouse.
(2) Upon the death of the child; or
Notes in PFR Class: (5) For causes mentioned in number 5 and 6 of Article 45, by the
injured party, within five years after the marriage.
a) Fraud Bigamy or Bigamous Marriages
Injured spouse can only file for
annulment, within 5 years from Gen Rule: A marriage contracted by any person
disclosure of Fraud. (Art 46) during the subsistence of a previous valid marriage
Types: (1) Conviction of crime shall be null and void.
involving Moral Turpitude, Exceptions to Gen Rule: When the following
concealment of (2) pregnant wife conditions concur, the subsequent bigamous
of child that doesnt belong to her marriage shall be valid:
husband, (3) sexually transmitted
Absence of another spouse for 4 or 2
disease at the time of marriage
consecutive years when there was danger of
and, (4) drug addiction, habitual
death.
alcoholism and homesexuality.
Well-Founded belied is clearly established by
Misrepresentation is not Fraud,
the present spouse.
Art. 45. A marriage may be annulled for any of the following Judicial Declaration of Nullity of Marriage
causes, existing at the time of the marriage:
Effects of Termination of Subsequent Marriage
(1) That the party in whose behalf it is sought to have the
marriage annulled was eighteen years of age or over but below Children conceived before termination of valid
twenty-one, and the marriage was solemnized without the marriage are legitimate.
consent of the parents, guardian or person having substitute
Absolute community or conjugal property will
parental authority over the party, in that order, unless after
attaining the age of twenty-one, such party freely cohabited with be dissolved and liquidated. If either spouse
the other and both lived together as husband and wife; acted in bad faith, share in profits will be
(2) That either party was of unsound mind, unless such party forfeited in favor of (1) common children, (2) if
after coming to reason, freely cohabited with the other as none, children of guilty spouse by previous
husband and wife; marriage, (3) in default of children, to
(3) That the consent of either party was obtained by fraud, unless innocent spouse.
such party afterwards, with full knowledge of the facts Donations of marriage remains valid except
constituting the fraud, freely cohabited with the other as the donee contracted donation in bad faith.
husband and wife;
Innocent spouse may revoke the designation
(4) That the consent of either party was obtained by force, of the spouse in bad faith as the beneficiary
intimidation or undue influence, unless the same having
in any insurance policy.
disappeared or ceased, such party thereafter freely cohabited
with the other as husband and wife; Guilty spouse contracted in bad faith shall be
disqualified of any inheritance from innocent
(5) That either party was physically incapable of consummating
the marriage with the other, and such incapacity continues and
spouse by testate or intestate succession.
appears to be incurable; or
Notes in PFR Class:
(6) That either party was afflicted with a sexually-transmissible
disease found to be serious and appears to be incurable. Art 14: Rule of Generality
Art. 46. Any of the following circumstances shall constitute fraud
referred to in Number 3 of the preceding Article:
Art 15: Rule of Nationality
(1) Non-disclosure of a previous conviction by final judgment of Art 26: First paragraph, exception of rule
the other party of a crime involving moral turpitude;
Art 40: Remarriage, JDNOM Requirement
(2) Concealment by the wife of the fact that at the time of the
marriage, she was pregnant by a man other than her husband;
Art 55: Bigamy committed abroad
(3) Concealment of sexually transmissible disease, regardless of
its nature, existing at the time of the marriage; or
Art. 14. Penal laws and those of public security and safety shall
(4) Concealment of drug addiction, habitual alcoholism or be obligatory upon all who live or sojourn in the Philippine
homosexuality or lesbianism existing at the time of the marriage. territory, subject to the principles of public international law and
to treaty stipulations.
No other misrepresentation or deceit as to character, health,
rank, fortune or chastity shall constitute such fraud as will give Art. 15. Laws relating to family rights and duties, or to the
grounds for action for the annulment of marriage. status, condition and legal capacity of persons are binding upon
citizens of the Philippines, even though living abroad.
Art. 47. The action for annulment of marriage must be filed by
the following persons and within the periods indicated herein: Art. 26. All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they were
(1) For causes mentioned in number 1 of Article 45 by the party
solemnized, and valid there as such, shall also be valid in this
whose parent or guardian did not give his or her consent, within
country, except those prohibited under Articles 35 (1), (4), (5) and
five years after attaining the age of twenty-one, or by the parent
(6), 36, 37 and 38.
or guardian or person having legal charge of the minor, at any
time before such party has reached the age of twenty-one; Where a marriage between a Filipino citizen and a foreigner is
validly celebrated and a divorce is thereafter validly obtained
(2) For causes mentioned in number 2 of Article 45, by the same abroad by the alien spouse capacitating him or her to remarry,the
spouse, who had no knowledge of the other's insanity; or by any
Filipino spouse shall have capacity to remarry under Philippine
relative or guardian or person having legal charge of the insane,
law. (As amended by Executive Order 227)
at any time before the death of either party, or by the insane
spouse during a lucid interval or after regaining sanity; Art. 40. The absolute nullity of a previous marriage may be
invoked for purposes of remarriage on the basis solely of a final
(3) For causes mentioned in number 3 of Article 45, by the injured
judgment declaring such previous marriage void.
party, within five years after the discovery of the fraud;
Art. 55. A petition for legal separation may be filed on any of the
(4) For causes mentioned in number 4 of Article 45, by the injured following grounds:
party, within five years from the time the force, intimidation or
undue influence disappeared or ceased;
(1) Repeated physical violence or grossly abusive conduct a) Physical incapacity of the husband;
directed against the petitioner, a common child, or a child of the
b) Husband and the wife were living separately;
petitioner;
c) Serious illness of the husband which
(2) Physical violence or moral pressure to compel the petitioner absolutely prevented sexual intercourse
to change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a
2. Biological or scientific proof that the child could
common child, or a child of the petitioner, to engage in not have been that of the husband; and
prostitution, or connivance in such corruption or inducement;
3. Written authorization or ratification of either
(4) Final judgment sentencing the respondent to imprisonment of parent for artificial insemination was obtained
more than six years, even if pardoned;
through mistake, fraud, violence, intimidation or
(5) Drug addiction or habitual alcoholism of the respondent; undue influence.
(6) Lesbianism or homosexuality of the respondent;
B. Prescriptive periods
(7) Contracting by the respondent of a subsequent bigamous
marriage, whether in the Philippines or abroad; a) One year, from knowledge of birth or
recording in the civil register, if husband or
(8) Sexual infidelity or perversion;
heirs lives in the SAME city/municipality
(9) Attempt by the respondent against the life of the petitioner; or b) Two years, if resides in the Philippines but
(10) Abandonment of petitioner by respondent without justifiable not in the same place.
cause for more than one year. c) Three years, if living in abroad.
For purposes of this Article, the term child shall include a child d) Four years, if concealed, upon the discovery.
by nature or by adoption.
Notes in PFR Class:
Art. 35. The following marriages shall be void from the beginning:
Shall be filed as a direct action impugning
legitimacy by the father.
(1) Those contracted by any party below eighteen years of age
even with the consent of parents or guardians; Legitimacy of child cannot be collaterally attached
(2) Those solemnized by any person not legally authorized to to any other case.
perform marriages unless such marriages were contracted with
either or both parties believing in good faith that the solemnizing No action filed, child will enjoy his legitimacy
officer had the legal authority to do so;
because of inexistence of an action directly
(3) Those solemnized without license, except those covered the
preceding Chapter; questioning legitimacy.
(4) Those bigamous or polygamous marriages not failing under
Article 41; C. Parties
(5) Those contracted through mistake of one contracting party as
to the identity of the other; and Gen Rule: Only the husband may impugn.
(6) Those subsequent marriages that are void under Article 53.
Exceptions of Gen Rule: The heirs, if the
Art. 36. A marriage contracted by any party who, at the time of husband dies before the end of the prescription of
the celebration, was psychologically incapacitated to comply with the action, or after filing complaint, or child was
the essential marital obligations of marriage, shall likewise be void born after death
even if such incapacity becomes manifest only after its
solemnization. (As amended by Executive Order 227) The question of legitimacy cannot be collaterally
attacked, it can be impugned only in a direct
Art. 37. Marriages between the following are incestuous and void
from the beginning, whether relationship between the parties be action.
legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
Rule on the Status of Children born after 300
(2) Between brothers and sisters, whether of the full or half blood. days following Termination of Marriage
(81a)
Requisites:
Art. 38. The following marriages shall be void from the beginning
for reasons of public policy:
1. First marriage terminated
2. Mother contracted subsequent marriage
(1) Between collateral blood relatives whether legitimate or 3. Subsequent marriage was contracted within
illegitimate, up to the fourth civil degree; 300 days after termination of previous
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
marriage
(4) Between the adopting parent and the adopted child; 4. Child was born
(5) Between the surviving spouse of the adopting parent and the 5. No evidence as to status of child
adopted child;
(6) Between the surviving spouse of the adopted child and the Rules as to whom the child belongs:
adopter;
(7) Between an adopted child and a legitimate child of the adopter; 1. To first marriage, if child was born before the
(8) Between adopted children of the same adopter; and lapse of 180 days after celebration of 2nd marriage
(9) Between parties where one, with the intention to marry the provided born within 300 days after termination of
other, killed that other person's spouse, or his or her own spouse.
the 1st marriage.
2. to second marriage, if child was born after 180
Actions Impugning Legitimacy days following celebration of 2nd marriage whether
born within 300 days after termination of 1st
A. Grounds
marriage or afterwards
1. Physical impossibility of the husband to have
sexual intercourse with his wife within the 1st
120 days of the 300 days immediately preceding Action to Claim Legitimate Filiation and
the childs birth, due to: Illegitimate Filiation
Notes in PFR Class: (1) The children of the subsequent marriage conceived prior to its
termination shall be considered legitimate;
Primary Evidence (2) The absolute community of property or the conjugal
partnership, as the case may be, shall be dissolved and
Birth Certificate liquidated, but if either spouse contracted said marriage in bad
Final Judgement faith, his or her share of the net profits of the community property
or conjugal partnership property shall be forfeited in favor of the
Public Instrument of filiation signed by
common children or, if there are none, the children of the guilty
parent spouse by a previous marriage or in default of children, the
innocent spouse;
Secondary Evidence
(3) Donations by reason of marriage shall remain valid, except
Open and continuous possession of the that if the donee contracted the marriage in bad faith, such
donations made to said donee are revoked by operation of law;
status of a legitimate or illegitimate child
All other evidence allowed by Rules of (4) The innocent spouse may revoke the designation of the other
Court and special laws. (Testimony, spouse who acted in bad faith as beneficiary in any insurance
policy, even if such designation be stipulated as irrevocable; and
Family evidence, or school records.)
(5) The spouse who contracted the subsequent marriage in bad
*Important to Illegitimate child. faith shall be disqualified to inherit from the innocent spouse by
testate and intestate succession. (n)
P- During childs lifetime
Art. 44. If both spouses of the subsequent marriage acted in bad
S- During lifetime of allege parent. faith, said marriage shall be void ab initio and all donations by
reason of marriage and testamentary dispositions made by one
*Heirs cannot file for the child except dead child in favor of the other are revoked by operation of law.
during minority or in the state of insanity, the
can file it within 5 years. Marriage Settlement
Notes in PFR Class:
Effects of Annulment Decree
Notes in PFR Class: *Amendment during marriage, setting expiration
date, termination date, and effective date cannot
Children conceived during valid marriage are be provided.
legitimate even if marriage is void.
Art 50 (3) (4) (5) effects of Art 43 and 44 Marriage settlement can only be amend during:
same to the effect to Art 40 and 45. Legal Separation- married but property
Equal Net Profit of Absolute and Conjugal regime is dissolved.
Properties JDN of marriage- married but property is
Donation given to prior marriage changed.
a) Common law spouses cannot donate to
each other. *Marriage settlement will take effect at the time
b) Donee= innocent spouse= valid donation of marriage.
c) Donee= guilty spouse= revoked donation
Property Regime
according to law. He must deliver back
the property donated because it is not Requisites:
binding anymore. (Art 86: grounds)
Innocent spouse may revoke designation In writing
even it is irrevocable. Not revoke operation of Signed by contracting parties
Law because it is her option to revoke it or 18-21 signed also by parents
not. Only 1 guardian must sign
Guilty spouse is disqualified to inherit any
Absence will deem marriage settlement void.
from inheritance, testamentary succession
even if there is a will and testament. Default Marriage Settlement:
*Strangers can only earn through last will and Absolute Community- Civil Code
testament, only relatives can have inheritance.
Can donate all property to spouse
Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5)
of Article 43 and by Article 44 shall also apply in the proper cases Conjugal Partnership- Family Code (Aug 3, 1988)
to marriages which are declared ab initio or annulled by final
judgment under Articles 40 and 45. Can donate only 1/5 of property to
The final judgment in such cases shall provide for the spouse, excess will deemed invalid.
wliquidation, partition and distribution of the properties of the
spouses, the custody and support of the common children, and Formalities
the delivery of third presumptive legitimes, unless such matters
had been adjudicated in previous judicial proceedings. Personal Property depends on value.
All creditors of the spouses as well as of the absolute community P5,000.00 and above must be in writing.
or the conjugal partnership shall be notified of the proceedings Real Property must be a public document
for liquidation.
Donation of Future Property is allowed through
In the partition, the conjugal dwelling and the lot on which it is
situated, shall be adjudicated in accordance with the provisions formalities of last will and testament.
of Articles 102 and 129.
Art. 43. The termination of the subsequent marriage referred to
in the preceding Article shall produce the following effects:
Family Code Article 147 and 148 Difference
Art. 147. When a man and a woman who are capacitated to
marry each other, live exclusively with each other as husband
and wife without the benefit of marriage or under a void marriage,
their wages and salaries shall be owned by them in equal shares
and the property acquired by both of them through their work or
industry shall be governed by the rules on co-ownership.