|
| || 


 || 



 

|
 

1. Specific performance or
recision of the contract
2. Parties to the contract can
be anybody (single, married,
many persons, etc.)

1. File a case for nullity;
judicial action and approval
of the Court needed; not
subject to stipulation
2. Parties: must be a man and a
woman
3. Contract cannot be
terminated extra-judicially
and does not expire

 

1. Authority of the S.O.

(Art. 7; 10; 35(2); LGC ¶91)

Both Filipino citizens Mayors are allowed to

marriage abroad, in solemnize marriages
embassy premises or within their jurisdiction
consular office effective Jan. 1, 1992
2. Marriage license, unless exempted
(Art. 9, 11-12; 17-20)
1. Valid for 120 days from
the issuance of the license
2. Posting of notice for 10
days in order to inform
the public
3. Job of civil registrar is
ministerial  must issue
license unless there is a
court order
(Art. 27-34)
1. Articulo mortis
2. Living in area not
reachable by
transportation
3. Muslim marriages
4. Cohabitation for > 5
years; cohabitation must
be exclusive, with no legal
impediment
 àequirements when the parties
are«
1. Above 18 but below 21 (Art. 14) : Parental consent
2. Above 21 but below 25 (Art. 15) : Parental advise
3. Above 18 but below 25 (Art. 16) : Marriage counselling
certificate
4. With prior marriage (Art. 13): Death certificate or
annulment decree
5. Foreigners: Certificate of legal capacity to contract
marriage
6. Stateless persons or refugees: duly executed and
notarized affidavit
 3. Marriage ceremony þ



Solemnized in the Solemnized outside the

Philippines (Art. 6) Philippines (Art. 26, par.
1 & 2)
Exception Exceptions
 Art. 8: written request to  Art. 35 (1,4, 5, 6); 36; 37;
the S.O from both of the 38
contracting parties on
their desired venue, if
— Decree of nullity, dissolution,
other than that provided
liquidation, partition,
in Art. 6 distribution of property
— Delivery of the children¶s
presumptive legitime
— Art 26 (2)
àeckoning is at the time of the divorce

— Art. 36
That the party who alleges himself to be
psychologically incapacitated filed the petition is
now accepted by the Courts
    

— Absence  Marriage VOID (Art. 35 (1-6); 36;

37; 38; 44; 53)

— Defect  Marriage VOIDABLE (Art. 45-47)

Art. 40; 41-43
- without consent of parents
- unsound mind
- fraud
- vitiated consent
- impotence
- serious and incurable STD

— Irregularity in formal requisites  Marriage VALID

Absence or presumptive death
ù Judicial declaration of presumptive death

ù àequired period
ù Ordinary situation: 4 years
ù Extra ordinary situation: 2 years

ù àeappearance of the absent spouse will not

automatically invalidate the subsequent
marriage. àequisites:
1. Affidavit of reappearance need to be executed
2. Furnished the local civil registrar
ù VOID marriage: Action is declaration of nullity
ù VOIDABLE marriage: Action is annulment
ù No cooling off period for declaration of nullity and petition for
annulment

Art. 36 cases
ù  ! "# àequisites: 1) gravity; 2) juridical antecedence and
3) permanent and incurable

ù $%! " &' 

àequisites: 1) those in Santos case + 2) expert witnesses; 3) presence of
the Public Prosecutor and Solicitor General; 4) respect accorded to
annulment decided by the General Matrimonial Board of the Church

ù !( $#)
)*

 % +",-.
ù Live with each other ",/0123
ù Mutual love
ù Mutual respect
ù àight and duty to fix the
ù Mutual fidelity
domicile
ù Mutual help
ù Exception: one is living
ù Mutual support abroad

Benefit accrued before:

Separate property ù Support and
maintenance of the
Accrued after: Either ACP household
or CPG
 4
 |
Grounds for petition (Art. 55) Effects of filing petition for LS
(Art. 61, 62)
Grounds for denial of petition
for LS (Art. 56) Action for LS Effect of LS
‡ Consent (Art. 57-60) decree
‡ Condonation
(Art. 63-64)
‡ Collusion
‡ Connivance
‡ àecrimination àeconciliation
‡ Prescription (Art. 65)
Exception
Filing: 5 years from the to the Effects (Art. 66)
occurrence of the last act
exception
(Art. 67) Exception (Art.66)
a

  
 

1. Made before the marriage

2. In consideration of the marriage
3. In favor of one or both of the spouses

I. No donation by future spouses to each other >

1/5 of their present property regime (Art. 84)
   


1. Marriage settlement — ›hilippine laws

2. Family Code Exceptions: (Art. 80)
3. Local customs 1. H & W aliens
2. ›roperties outside R›
Valid if: (Art. 77)
1. In writing
2. Signed by parties
3. Executed before marriage
Void if: No Marriage
Exception: (Art. 81)
Binding on 3rd parties if registered - Stipulations do not depend upon
with the LCR/ RD the marriage, e.g. recognition
of an illegitimate child
II. ›roperty donated subject to encumbrance  valid
(Art. 85)

III. Foreclosure sale

1. ›roceeds < amount of obligation : donee not liable for the
deficiency
2. ›roceeds > amount of obligation: donee entitled to excess

IV. Donation of future properties

> testate succession
- formalities of wills
a



1. Between husband and wife  VOID
Exception: Art. 87
Moderate gifts on occasion of family rejoicing

2. No donation by either spouse without consent of

the other of the AC›/ C› property
Exception: Art. 98/ 125
Moderate donations for charity, occasions of
family rejoicing or family distress
   
 

  


I. Marriage is
1. not celebrated
2. judicially declared void
3. Without parental guidance/ consent
4. Annulled; donee in bad faith

II. Legal separation; donee guilty party

III. Resolutory condition complied
IV. Ingratitude of donee
ù Offense against the person
ù Unjustifiably support donor during his lifetime
       
   

 
1. Commences at precise moment of
marriage

2. No waiver of rights, interests, shares

& effects during marriage
EXCE›
ION: Judicial separation of property or
marriage dissolved/ annulled
a. Waiver in public instrument
b. Recorder in LCR/ RD

3. ›roperty acquired during marriage

presumed AC›/ C› unless proved
to be excluded (Art. 93/ 116)
 !   
   
1. Co²ownership (Art. 90)

2. All properties at the time of marriage/ acquired

thereafter (Art. 91)

3. ›roperty excluded (Art. 92)

a. Acquired gratuitously
b. ›ersonal or exclusive use EXCE›
jewelries
c. Acquired before marriage by either spouse, with legal
descendants by a former marriage
 
"
# 
 
1. Contract of partnership (Art. 108)

2. ›roceeds, products, fruits and income of husband and

wife·s separate property placed in a common fund (Art.
106)

3. Exclusive property of each spouse (Art. 109)

a. Brought to the marriage as own property
b. Acquired by gratuitous title
c. Bought by exclusive money of husband or wife
d. Acquired by right of redemption, barter or exchange with property
of husband or wife
 
    
1. Agreed by husband and wife in marriage settlement
2. ›resent or future property; total or partial; property
not separate belong to AC› (Art. 144)
3. Each spouse shall own, dispose of, possess,
administer, enjoy, HIS/HER own property without
consent of the other; own all earnings (Art. 145)
4. Both bear family expenses in proportion to their
income; insufficient  current market value of
separate property
5. Liability to creditors for family expense: solidary
     

$# 

 % $
#
Art. 147 ² Man & woman
capacitated to marry each
other, live exclusively with
each other as husband and
wife, without marriage or
under a void marriage
Equal share even if one party·s
efforts consisted only in the
care of the family/ household
Art. 148 ² With legal impediment
to contract marriage, man &
woman living together as
husband and wife, one/ both
with legal impediment to
contract marriage
Actual joint contribution of money,
property or industry, in the
acquisition of properties
 Y!
 &

'(&))
1. Support of husband and wife, common children and
legitimate children of either spouse
2. Debts which redounded to the benefit of the family
3. Expenses for education of either spouse
4.
axes, expenses for the preservation of common
property/ separate property used by the family

* Winnings/ losses from games of chance and

gambling
 

 &
1. Belongs to both spouses jointly
* Disagreement  husband·s decision subject to 
recourse by wife to the court within 5 years from
date of the contract implementing such decision (Art.
96/ 124)

2. Incapacity of one spouse  sole administration by

the other spouse which does not include powers of
disposition or encumbrance without:
a. Authority of the court
b. Written consent of the other spouse
 

 &
1. Belongs to both spouses jointly
* Disagreement  husband·s decision subject to 
recourse by wife to the court within 5 years from
date of the contract implementing such decision (Art.
96/ 124)

2. Incapacity of one spouse  sole administration by

the other spouse which does not include powers of
disposition or encumbrance without:
a. Authority of the court
b. Written consent of the other spouse
 p 

 &
1. Death of either spouse  AC›/C› liquidated in
estate proceedings; judicial or extra ² judicial
liquidation within one year from death of spouse
* No Liquidation
a. Disposition/ encumbrance void
b. Mandatory regime of complete separation of property of
subsequent marriage (Art. 103/ 130)
2. Decree of legal separation
3. Marriage annulled or declared void
4. Judicial separation of property under Arts. 134-
138
 

Art. 150 ² Family Relations
1. Between husband and wife
2. Between parents and children
3. Among ascendants/ descendants
4. Among brothers and sisters, whether of the full or
half-blood
5. No suit between members of the same family shall
prosper unless earnest efforts to COM›ROMISE
has failed (Art. 151)
)*&)*+, 
1. Constituted by the husband/wife/ unmarried head
of the family; from the time it is occupied as family
residence; only 1 family home (Art. 161) ; continue
as such despite death of spouses or unmarried
head of the family for 10 years or for as long as
there is a minor beneficiary
-
  ,
a. Husband and wife or an unmarried head of the
family
b. ›arents, ascendants, descendants, brothers, sisters,
legitimate or illegitimate living in the FH or who
depend upon the head of the family for legal
support
+./   / 
0   0 
#
.1.p  )**

a) Non ² payment of taxes

b) Debts incurred prior to the constitution of the FH
c) Debts secured by mortgages on the premises
before/after constitution of the FH
d) Debts due to laborers, mechanics, architects,
builders, etc. who rendered service/materials for
the construction of the building
4. Actual value of FH: ›300 thousand in urban
areas; ›200 thousand in rural areas or such
amounts as may hereafter be fixed by law (Art.
157)

5. May be sold, alienated, donated, assigned, or

encumbered with the written consent of the person
constituting the FH, the latter·s spouse and majority
of the beneficiaries of legal age
• ./ 
 , )• 
ù Judgement in favor of a creditor not one of those
mentioned in Art. 155 and FH worth more than Art.
157  execution ² lowest bid as provided in Art.
157 and applied in said Art. 157 then to liabilities
under the judgement and the costs; Excess ²
judgment debtors
p.
2p

a232p2Y


 )•+
May be by
 or by  

Inter-Country Adoption
Law
Domestic Adoption Law
Legitimate
Illegitimate
3.2p2p.,23a.

 #   )•(

1. Conceived or born during marriage;
2. Conceived by artificial insemination
a. Authorized by both spouses
b. In a written instrument
c. Signed by BO
H spouses
d. Before the birth of a child
e. Recorded in the LCR together with birth certificate
3. Whose mother may have declared against the
legitimacy/ may have been declared an
adulteress )•

- ## # 2,ppY  )
(

1. Bear surnames of F& M

2. Receive support
3. Legitime/ successional right

 
!# !  )


1. Record of birth appearing in the civil register or a final
judgement
2. An admission in a public instrument or a private hand-written
instrument signed by the concerned parents

* In their absence, legitimate filiation shall be proved by (1) open

and continuous possession of a legitimate child; and (2) any other
means allowed by the Rules of Court and special laws
a
  ! 
! #  )
+

1. Child ² during his/her lifetime; action commenced

by a child shall survive notwithstanding the death
of either or both of the parties;

2. Heirs of the child ² should the child die during

minority or in a state of insanity; within a period
of five (5) years
3.2p2
 #! 
24
.a

#  
 
)••
1. ›hysical impossibility for the husband to have sexual
intercourse
a. ›hysical incapacity of the husband
b. Husband and wife were living separately in such a way that
sexual intercourse was not possible
c. Serious illness of the husband which absolutely prevented sexual
intercourse
2. Biological or scientific reasons that the child could not
have been that of the husband; and
3. In case of artificial insemination, the written
authorization of either parent was obtained through
mistake, fraud, violence, intimidation or undue
influence.
¬# 
#   
#
eneral rule:
he HUSBAND or FA
HER
Exception: Heirs of the HUSBAND )
)

1. If the husband should die before the expiration of

the period fixed for bringing his action;
2. If he should die after the filing of the complaint
without having desisted there from; or
3. If the child is born after the death of the husband.
   
 
)

1. One (1) year from the knowledge of the birth or its
recording in the civil registrar  if husband or any of
his heirs, reside in the city or municipality where the
birth took place or was recorded
2.
wo (2) years, if husband or his heirs reside in the
›hilippines, but not the municipality or city; 3 years if
residing abroad
3. If birth has been concealed/ unknown to the H/his
heirs ² period shall be counted from the discovery or
knowledge of the birth of the child or the fact of
registration of said birth, WHICHEVER IS EARLIER
233.2p2p.,23a.

  #   )•*
1. Conceived and born outside a valid marriage
2. No authorization or ratification of the artificial insemination

- ## # #  )
•

1. Use the surname; be under the parental authority of their mother;
2. Entitled to support in conformity with the Civil Code
3. Entitled to legitime which is ½ legitime of the legitimate child

 
 !# !#   
 

  
)
+0 /  )
*
3.2p2p.a,23a.

A. Are those: )

&)


ù Conceived and born outside of wedlock of parents who at the time of the
conception have no legal impediments to marry each other

B. Shall have SAME rights as the legitimate child )
'

C. Legitimation retroacts to the time of the birth of the child

) 

1. Legitimation of children who died before the celebration of

marriage shall benefit their descendants ))

2. May be impugned only by those who are prejudiced in

their rights, within five (5) years from the time their cause
of action accrues )
 )   
 

 # 
 ! 5

  )•
1. A child born before 180 days before the
solemnization of the subsequent marriage is
considered to have been conceived during the former
marriage, provided it be born within 300 days after
the termination of the former marriage;

2. A child born after 180 days following the celebration

of the subsequent marriage, even though it be born
within 300 days after the termination of the former
marriage.
aYp2Y

Republic Act 8552: Domestic Adoption Act of

1998 (2-25-1998)

Republic Act 8043: Inter-Country Adoption Act

of 1995 (6-7-1995)
¬#  6
1. Any Filipino citizen
a. Of legal age
b. With full civil capacity and legal rights
c. Of good moral character
d. Not convicted of a crime involving moral turpitude
e. Emotionally and psychologically capable of caring for children
f. In a position to support and care for his children, in keeping with
the means of the family
g. At least 16 years older than adoptee
> 16-year gap between adopter and adoptee may be waived
if:
a. Adopter is the biological parent OR
b. Adopter is the spouse of the adoptee·s parents
2. Any alien
a. With the same qualification as above;
b. Whose country has diplomatic relations with R›;
c. Living in the R› for at least three (3) continuous years prior to
filing of petition for adoption until adoption decree is entered;
d. Certified by his diplomatic/ consular office to have legal
capacity to adopt in his country; and
e. Whose government allows the adoptee to enter his country as
his adopted child.
3.
he guardian with respect to the ward after
termination of the guardianship and clearance of
his/her financial liabilities.
 

 
 
75
 
 
# 
! $ 

a. A former Filipino citizen who seeks to adopt a relative

within the fourth (4th) degree of consanguinity or
affinity; or

b. One who seeks to adopt the legitimate son/daughter

of his/her Filipino spouse; or

c. One who is married to a Filipino citizen and seeks to

adopt jointly with his/her spouse a relative within the
fourth (4th) degree of consanguinity or affinity of the
Filipino spouse.
,!

$ #8Y2
p3
aYp
.1.p
1. If one spouse seeks to adopt the legitimate child
of the other spouse; OR

2. If one spouse seeks to adopt his own illegitimate

child, provided that the other spouse has signified
his consent thereto; OR

3. If the spouses are legally separated from each

other.
¬# !   6
1. Any person below 18 years old who has been
administratively/ judicially declared available for adoption;
2. Legitimate son/daughter of one spouse by the other spouse;
3. Illegitimate son/daughter by a qualified adopter to improve
his/her status to that of legitimacy;
4. A person of legal age, if prior to the adoption, said person
has been consistently considered and treated by the adopter
as his/her own child since minority;
5. A child whose adoption has been previously rescinded; and
6. A child whose biological/ adoptive parents have died,
provided that no proceedings shall be initiated within six(6)
months from the time of death of said parents.
¬#  


  # 
 
6
1.
he adoptee, if 10 years or over;
2.
he biological parents of the child, if known, or legal
guardian or the proper government instrumentality
which has legal custody of the child;
3. Legitimate and adopted children, 10 years or over ,
of the adopter(s) & adoptee, if any;
4. Illegitimate childen, 10 years or over of the adopter,
if living with said adopter & the latter·s spouse, if any;
and
5. Spouse, if any, of the person adopting or to be
adopted.
¬#    #  
6
Family Court of the province or city where the
prospective adoptive parents reside.

!
 5 

Once a week for three (3) consecutive weeks in a
newspaper of general circulation in the province/
city where the court is situated.
#
,     
ù
o be conducted by DSWD-licensed social worker
on the adoptee, biological parent(s) and adopter(s)

ù
o be submitted together with the findings and

recommendations to the Court hearing the petition
   p 
ù 6-month period for adoptee and adopter(s) to
adjust psychologically and emotionally to each
other.
ù
o establish a bonding relationship
ù
EM›ORARY parental authority vested in the
adopter(s)
ù Court may reduce trial custody period if it is in the
best interest of the child
* Alien adopters 6-month trial custody period
must be completed unless alien
adopter under Section 7(b)
 
a 
ù Effective as of the date the original petition was
filed; þ
  

 
 





 
 
 

ù Amended birth certificate of the adoptee to be

issued by LCR; original birth certificate stamped
´Cancelledµ
.   

1. Except where biological parent is the spouse of the
adopter, all legal ties between biological parent(s) and
adoptee shall be severed and parental authority shall be
vested on the adopter(s)

2. Adoptee shall be considered the legitimate child of the

adopters entitled to all rights and obligations provided by
law to legitimate children

3. In legal and intestate succession, the adopter(s) and the

adoptee shall have reciprocal rights of succession without
distinction from legitimate filiation. However, if the
adoptee and his/her biological parent(s) had left a will,
the law on testamentary succession shall govern.
 
  

Who may petition rescission of adoption?
ù Adoptee with the assistance of the DSWD if a minor
or if over 18 but is incapacitated or is physically or
mentally handicapped
 
  
  
6

1. Repeated physical and verbal maltreatment by

the adopter(s) despite counselling;
2. Attempt on the life of the adoptee;
3. Sexual assault or violence; and
4. Abandonment and failure to comply with parental
obligations
*adopter may disinherit under any of the grounds
provided for in Article 919 of the Civil Code
.   
  

1.
he parental authority of the adoptee's biological
parent(s), if known, or the legal custody of the
Department shall be restored if the adoptee is still a
minor or incapacitated.
2.
he reciprocal rights and obligations of the adopter(s)
and the adoptee to each other shall be extinguished.
3.
he court shall order the Civil Registrar to cancel the
amended certificate of birth of the adoptee and
restore his/her original birth certificate.
4. Succession rights shall revert to its status prior to
adoption, but only as of the date of judgment of
judicial rescission.
* Vested rights acquired prior to judicial rescission
shall be respected.
2
 % 
 

 (+
Socio-legal process of adopting a Filipino child by
a foreigner or a Filipino citizen permanently
residing abroad where the petition is filed, the
supervised trial custody is undertaken, and the
decree of adoption is issued outside the ›hilippines.
2
 % 
 
- 
ù Central authority in matters relating to inter-country
adoption

ù   

DSWD Secretary (Ex-officio Chair)
1 psychiatrist or psychologist
2 lawyers (who shall have at least the qualifications of a
regional trial court judge)
2 representatives from non-governmental organizations
engaged in child-caring and placement activities
1 registered social worker
¬# !  6
ù Legally free child (DSWD certification)
- Voluntarily or involuntarily committed to the DSWD
ù Documents:
Child study;
Birth certificate/foundling certificate;
Deed of voluntary commitment/decree of
abandonment/death certificate of parents;
Medical evaluation /history;
›sychological evaluation, as necessary; and
Recent photo of the child.
  
 
9

 

 
! 
1. At least 27 years old;
2. At least 16 years older than the child to be adopted;
3. If spouses, must jointly adopt;
4. Capacitated to act and assume all rights and responsibilities of
parental authority;
5. Has not been convicted of a crime involving moral turpitude;
6. Eligible to adopt under his national law;
7. In a position to provide proper care and support;
8. Has undergone proper counselling from an accredited counsellor;
9. Whose country has diplomatic relations with R›; and
10. ›ossesses all the qualifications and none of the disqualifications
¬#    6
›hilippine Regional
rial Court having
jurisdiction over the child, or with the Board,
through an intermediate agency, whether
governmental or an authorized and accredited
agency, in the country of the prospective
adoptive parents
#
 

1. Birth certificate of applicants;
2. Marriage contract, if married, and divorce decree, if applicable;
3. Written consent of their biological or adopted children above ten
(10) years of age;
4. ›hysical, medical and psychological evaluation by a duly licensed
physician or psychologist;
5. Income tax returns or any document showing the financial
capability;
6. ›olice clearance of applicants;
7. Character reference from the local church/minister, the applicant·s
employer and a member of the immediate community who have
known the applicant(s) for at least five (5) years; and
8. Recent postcard-size pictures of the applicant(s) and his immediate
family
  
&#

ù
##! #    
  

  # $
## 
#

!    

ù p#  
  !# -  # 

 #    # # !   

ù p#   
0 

 # 0#

 
 ## #
# #

   p 
ù Shall be for a period of six (6) months from the time
of placement.
ù Only after the lapse of the period of trial custody
shall a decree of adoption be issued in the said
country a copy of which shall be sent to the Board
to form part of the records of the child
ù During the trial custody, the adopting parent(s) shall
submit to the governmental agency or the
authorized and accredited agency, which shall in
turn transmit a copy to the Board, a progress report
of the child's adjustment
)'(  
ù Comprises everything indispensable for sustenance,
dwelling, clothing, medical attendance, education
and transportation, in keeping with the financial
capacity of the family
ù
he 
of the person entitled to be
supported shall include his schooling or training for
some profession, trade or vocation, even beyond the
age of majority
ù p
 
shall include expenses in going to
and from school, or to and from place of work
p#   $
  !   
# #  )'*
1.
he spouses;
2. Legitimate ascendants and descendants;
3. ›arents and their legitimate children and the
legitimate and illegitimate children of the latter;
4. ›arents and their illegitimate children and the
legitimate and illegitimate children of the latter;
and
5. Legitimate brothers and sisters, whether of full or
half blood.
)''¬#
     
 
!    0# !#
   
#  

#    
1.
he spouse;
2.
he descendants in the nearest degree;
3.
he ascendants in the nearest degree; and
4.
he brothers and sisters.
* support shall be in proportion to the resources or
means of the giver and to thee necessities of the
recipient  )
** paying allowance fixed or maintaining person to
be supported in the family dwelling except in case of
moral or legal obstacle  (

# 
1. ›arental authority/ responsibility may not be
renounced/ transferred, except in cases
authorized by law ) 

2. F & M jointly exercise parental authority over

common children )); DISA REEMEN
 F·s
decision unless there is judicial order to the
contrary
* children·s obligation ² respect, reverence,
obedience to parents
3. Circumstances
a. Absence/ death of 1 parent  present parent; remarriage
of 1 marriage does not affect parental authority, unless
the Court appoints guardian over person/ property of the
children )

b. Separation of parents  parents designated by the Court;

child < 7 years old: mother, unless Court finds compelling
reason )+
c. In default of parents or judicially appointed guardian
)•
1) Surviving grandparent )(
2) Oldest brother or sister > 21 years of age, unless unfit or
disqualified
3) Child·s actual custodian > 21 years of age, unless unfit or
disqualified

)*No descendant shall be compelled, in a criminal

case, to testify against his parents and grandparents,
except when such testimony is indispensable in a crime
against the descendant or by one parent against the
other.
)
›arental authority over foundlings,
abandoned, neglected or abused children  heads
children·s homes, orphanages and similar institutions
accredited by the proper government agency

)  
# 

he school, its administrators and teachers, or the
individual, entity or institution engaged in child care
shall have special parental authority and
responsibility over the minor child while under their
supervision, instruction or custody.
)
›arents and other persons exercising parental
authority shall be civilly liable for the injuries and
damages caused by the acts or omissions of their
unemancipated children living in their company and
under their parental authority subject to the
appropriate defenses provided by law.
a
    # #

+

he parent may petition the proper court where the
child resides, for an order providing disciplinary
measures over the child.

(
Disciplinary measures may include the commitment
of the child for not more than 30 days in entities or
institutions engaged in child care or in children·s
homes duly accredited by the proper government
agency.
*
ù F & M shall jointly exercise legal guardianship over
the property of their unemancipated common child
without the necessity of a court appointment;
DISA REEMEN
 F·s decision unless there is a
judicial order to the contrary
* Where the market value of the property or the annual
income of the child exceeds ›50,000, the parent
concerned shall be required to furnish a bond in such
amount as the court may determine, but not less than 10
percentum(10%) of the value of the property or annual
income

#  
 
 


 
1.
he death of the parents
2.
he death of the child
3. Emancipation of the child
4. Adoption of the child
5. Appointment of a general guardian
6. Judicial declaration of abandonment
š

of the child  

7. Final judgement of a competent court
  
divesting the parent of parental  

  
authority þ

8. Judicial declaration of absence or
incapacity of the parent
 

 
# 
1. Upon conviction of a crime which carries with it the
penalty of civil interdiction + 
2. Court action, if parent +)
a.
reats the child with excessive harshness or cruelty;
b. ives the child corrupting orders, counsel or example;
c. Compels the child to beg; or
d. Subjects the child or allows him to be subjected to acts
of lasciviousness.
›arental authority automatically reinstated upon service of ›ermanently
the penalty or upon pardon or amnesty of the offender deprived of
parental authority
›arental authority to be reinstated if the Court finds that
the cause there for has ceased and will not be repeated