persons (sta.maria) reviewer #4

8/10/2019 Persons (Sta.maria) Reviewer #4

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Persons and Family Relations Finals reviewer

Art. 1 Marriage

Marriage is special contract of a permanent union

between a man and a woman entered into in accordance

with law for the establishment of conjugal and family life.

It is the foundation of the family and an inviolable social

institutionwhose nature conse!uence and incidents are

governed by law and not subject to stipulation e"ceptthat marriage settlement may fi" the property relations

during the marriage within the limits provided for by this

code

It is protected by the constitution

It is permanent uniono #nless if it is void for lac$ing of any of

the essential or formal re!uisites% or

voidable if there are defects thereto and

subject to the provisions under art. &' of

the F(

It is a contract but not an ordinary contract

It affects the status of the person

Art. ) *ssential re!uisites

+, marriage shall be valid unless these essentialre!uisites are present%

1. legal capacity of the contracting parties who

must be male or female

). (onsent freely given in the presence of the

solemni-ing officer

It is not the physical presence of the solemni-ingofficer that is being contemplated by the code

but the presence of the authority of the

solemni-ing officer to conduct marriage

ceremonies

Legal capacity pertains to the capacity of the

person to contract marriage. his involves his

age /10 and above whether there is any legal

impediments e"isting preventing any of the

parties to contract a valid marriage renders a

person lac$ing of such legal capacity.

Consentpertains to that freely given by the party

entering into the marriage. herefore if the

person is being forced by his mother or father

into entering a marriage he still gives his

consent thereto i

Art. 2 Formal Re!uisites

he formal re!uisites of marriage are31. Authority of the 4olemni-ing officer

). A valid marriage license e"cept in cases

provided for in (hapter ) of this title

2. A marriage (eremony which ta$es place with

the appearance of the contracting parties before

the solemni-ing officer and their personal

declaration that they ta$e each other as husband

and wife in the presence of at least ) witnesses of

legal age.

LEGAL Authority of the solemnizingofficer is

the important ingredient and not his mere

presence and conduct of the marital rites.

he authority is presumed in the absence of any

showing to the contrary herefore the person

alleging the lac$ of authority must prove thesame.

Mista$e of fact and not of law is one defense

which a person whose marriage had been

solemni-ed by a person who had no authority to

perform marriage in order for him5her to become

a person in good faith.

Marriage license is re!uired and cannot be dealt

without when it comes to marriage. +, marriage

can ever be valid without a marriage license.

6owever with certain e"ceptions provided initle ) of the F(.

he solemni-ing officer does not have to go

beyond the face of the marriage license. houghthe solemni-ing officer must ascertain the

validity of such marriage license and if it were

issued by a competent official./it is the duty of

such official7(ivil Registrar7to ascertain if

the parties have fully fulfilled all the

re!uirements for the issuance of a marriagelicense not the solemni-ing officer

6,8*9*R% in case of articulo mortis remote

places couples cohabiting uninteruptedly for

more than ' years the 4olemni-ing officer must

ascertain the age relationship and !ualifications

of the parties.

he absence of the witnesses does not render the

marriage void nor voidable. It is only an

irregularity.

he :I do; may be e"pressed in varied ways but

the intent must be certain.

Art & Absence


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R*?#I4I*4 /only renders the marriage

voidable /besides grounds for annulment are

strict and e"clusive.

Absence of the witnesses is a mere irregularity

itle II is an e"ception to he >icense rule

Art. ' AgeAny male or female of the age of 10 years or upwards not

under any of the impediments mentioned in 2@ and 20

may contract marriage

Art marriage ceremony

+, prescribed marriage ceremony.

As long as the parties personally appears before

the A#6,RIB*< solemni-ing officer. Its all

goodC

he declaration of their union /a$a marriage

must be contained in the Marriage (ertificate

signed by both parties the solemni-ing officer

the witnesses.

Art. @ who may solemni-e Marriages /I>* II herein

discussed

1. Any incumbent members of the judiciary withinthe courtDs jurisdiction

Must be within the jurisdiction of the court. A

judge cannot solemni-e marriages outside the

jurisdiction of the court he is assigned to even

those solemni-ed at his home.

). Any priest Rabbi imam or minister of any

church or religious sect duly authori-ed by his

church or religious sect and registered with thecivil registrar general acting within the limits ofthe written authority granted him by his church

or religious sect and provided that at least 1 of

the contracting parties belongs to the

solemni-ing officerDs church or religious sect

Person must prove that he belongs to the said

sect or religion.

2. Any ship or airplane chief only in the cases

mentioned in art 21

Must be done in Articulo Mortis

Re!uisites3

he marriage must be in articulo mortis

Must be between passangers or crew

4hip must be at sea and plane must be

on air

&. Any military commander of a unit to which a

chaplain is assigned in the absence of the latter

during military operation li$ewise only in cases

mentioned in Ar. 2)

6e must be a military commander of a unit

6e is a commissioned officer

A chaplain is assigned thereto but was absent

Any of the parties is in articulo mortis

(ontracting parties may either be members or

the armed force or civilians within the -one of

military operation

'. Any (onsulEgeneral consul or vice consul in

the case provided in art 1

his is when the parties Filipinos marries

outside of the country but wants the marriage beconducted under Philippine laws.

,ther duties of (onsular officials officiating the

marriage%

o Issuance of the marriage license

o ocal government

(ode (hap. 2 art. 1 sec. &&&H"viii

hey are now empowered to solemni-e

marriages within their jurisdiction

In his absence vice mayor may conduct

marriages

*J(*PI,+ , MARRIAK* >I(*+4*3

Muslims other members of the enthic cultural

communities

Articulo mortis /)@ 2 21

Remote areas5 no means of transportation /art)0

Man and woman e"clusively living together as

husband and wife for at least ' years without any

legal impediments

o his will only after the legal

impediment cease to e"ist. /art 2&

Art 0 9enueArt. L Marriage license% duty of the registrar

Ministerial% he shall not any impediments butcannot withheld the issuance of a marriage

license

Art 1 4olemni-ed by consular officials abroad

Art 11 Marriage license contents

Art 1) Re!uirements for the issuance of the Marriage

license

,riginal birth certificate in the absence thereof

=aptismal certificate in the absence thereof

(opies of such documents attested by persons incustody thereof%

If loss or destroyed% 1' days prior to the day ofapplication

o Residence cert

o Instrument drawn up or sworn to before

the local civil reg or notary pub. 8ith )

witnesses

If parents are present no need for the birth or

baptismal certificate

(ivil registrar is convince by their appearance

that they are of legal age to contract marriage


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Art. 12 any of the parties is previously married

I44#*6* MARRIAK* >I(*+4* nonetheless

he duty of the (ivil registrar is merely

MI+I4*RIA>. hey do not have the discretion

of not releasing the marriage license.

P*RI,< ,F 9A>I.% 1 days

within the Phil erritory.

Art. )1 (iti-ens of Foreign (ountry

Re!uirements for citi-ens of foreign country to

ac!uire a marriage license%

o (ertificate of legal capacity to contract

marriages issued by their respective

diplomatic or consular office

4tateless Persons

o 4ubmit an affidavit stating the

circumstances showing such capacity to

contract

AN* +,*O Remember art. 1' of the civil

code

>aws relating to family rights and duties or to

the status condition and legal capacity of

persons are binding upon citi-ens of the

Philippines /also to citi-ens of another country..

for e"ample if in America 1 is the legal

capacity to contract marriage then the

Philippines follows it.

Art )1 Marriage certificate

=est evidence of marriage

Proof or attac$ to the validity of marriage M#4

=* 4R,+K

Art. )&E)' aws in another country regarding marriages is

also binding in this country e"cept those

prohibited in art 2' /1&' 2 2@ snd 20

hus if marriage solemni-ed outside of the

Philippines and such marriage was null and void

in the place where it was solemni-ed it shall also

be null and void in the phil.

+,*3 that art 1@ with regards to forms and

solemnities shall be governed by the laws of thecountry in which they are e"ecuted

*"ample3 8hen the country where the marriage

was celebrated re!uired as part of their essential

re!uisite of marriage that the woman be given a

dowry of 1 and was not given by the

man and was rendered void even if they are

Filipinos their marriage which was rendered

void in that country shall also be void in RP.

IPI+,

o If the foreigner is the one who filed the

divorce and such divorce either

(apacitates him to remarry the

Filipino spouse shall also becapacitated to remarry

If does not capacitates him to

remarry Filipino spouse

cannot remarry

o 8hen Filipino spouse is the one who

filed for a decree of divorce

If the spouse was still a

Filipino when the decree was

promulgated it will not bindhim5her

If the spouse had been

+A#RA>IB*< before the

divorce was granted it shall

bind him5her


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o 8hen both spouses were Filipinos when

the marriage was solemni-ed and later

on one of them decided to go abroad

and had herself solemni-ed and

divorced the her Filipino spouse the

R*(N,+I+K P,I+ is theirciti-enship at the time the valid divorce

is obtained abroad by the

+A#RA>IB*< spouse.

6*R*F,R* the 4pouse left in the

P6 will in effect be capacitated to

contract marriage thatDs if the divorce

obtained in the foreign country give the

divorcee the capacity to remarry. /R*Pvs ,=R*(I>A*RA>>G

Art 2'

1. below 10). solemni-ing officer without authority 8ith the

e"ception of K,,< FAI6 that the solemni-ingofficer had the authority to do so /punishing the

person causing the irregularity civilly criminally

and administratively

2. absence of a MARRIAK* >I(*+4* e"ceptthose mentioned in chapter )

&. =igamous or polygamous marriage e"cept a

valid bigamous marriage /where present spouse

ac!uired a declaration of presumptive death of

the absentee

'. Mista$e of Identity of the other

. 4ubse!uent marriage void under art '2 /withoutcomplying with art 'E'1

@. Incestuousa. =etween ascendants and descendants

b. =etween brothers and sisters

0. =y reason of Public Policy between%

a. step parents andd step children

b. Adopting parents and adopted child

c. 4urviving spouse of the adopting parent

and the adopted childd. 4urviving spouse of the adopted child

and the adopter /art 2@

e. Adopted child and the legitimate childof the adopter

f. one with the intention to marry the

other $illed the otherDs spouse or his or

her spouse /art20

Art. 2 P4G(6,>,KI(A> I+(APA(IG

(ase to case basis% each case should be treated

independently according to its own facts /te vs

te

I46*I( vs (A M,>I+A

o 8ife and husband cannot agree

o he court ruled that the marriage

subsists and remains valid for mereirreconcilable differences and

conflicting personalities between theparties is not psychological incapacity

o # K#II+*43

1. Plaintiff has burden of proof

). root cause of the psychological

incapacity must bea. medically or clinically

identified

b. alleged in the complainti. sufficiently proven by

e"perts

ii. clearly e"plained in

the decision

2. incapacity proven to be e"isting at the

time of the celebration of marriage

&. incapacity must be permanent or

incurable

'. illness is grave enough to bring about

the disability to assume essential maritalobligation

. Marital obligations which cannot be be

complied with

a. Art 0E@1 obligations of

husband and wife to one

another

b. Art. )) ))1 and ))'

obligation as to parentalauthority


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@. interpretation of the national appellate

Matrimonial ribunal of the catholic

church of the Philippines while not

controlling should be given great

respect

0. trial court must order the prosecutor or

fiscal or 4ol Ken to appear for the state

MA>>I,+ vs A>(A+ARA

o Final judgment denying a petition for

nullity on the ground of psychological

incapacity =AR4 the subse!uent

petition for declaration of nullit on the

ground of lac$ of marriage license

Art. & action for the declaration of absolute nullity doesnot prescribe.

AM LE11E1 only the 6#4=A+< or 8IF*

can file for and action for the declaration of

absolute nullity

o he ruling in ninal vs bayadong does

not apply anymoreC dope.

(an be attac$ed (,>>A*RA>>G

Absolute nullity may be invo$ed for the purpose

of remarriage.

Art. &1 9A>I< 4#=4*?#*+ MARRIAK*

Keneral rule3 9,I4, when the party marrying subse!uently did

not comply with the re!uirement of art '2/li!uidation

*"ception3

1. with a judicial declaration of nullity of previous

9,I< MARRIAK*

). with judicial declaration of PR*4#MPI9*>G

terminated upon recording of an AFFIi!uidated

o =# in case where both spouse were in

=A< FAI6 his5 her share shall be

forfeited in favor of the

(ommon children

(hildren of the guilty spouse

of the PR9I,#4 MARRIAK*

he R*#R+I+K 4P,#4*/innocent spouse

o After the declaration of presumptive

death the properties of the previous

marriage M#4 =* >I?#II)#+ 2%#+B)D

%hen the ownership was 3+T+.

)* before the marriage, the property

shall be exclusive, but sub$ect to the

reimbursement to the con$ugal

property.

)* after marriage, then the property will

be con$ugal sub$ect to the

reimbursement to the owner upon

li7uidation.

Art. 11". %henever an amount or credit

payable within a period of time belongs

to one of the spouses, the sums which


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may be collected during the marriage in

partial payments or by installments on

the principal shall be the exclusive

property of the spouse. Bowever,

interests falling due during the

A to the )#-)A0 on installmentdebt, it shall be exclusive

As to the )#T++T on the principal, it

shall be con$ugal.

)* TB+ )#-)A0 +@T %A

+-A)TA0)F+, then the property will

remain +:-06)3+ because Gas long as

the source is exclusive, it will remain as

suchH (see exclusive properties!

)f the )#T++T 2# TB+ )#-)A0 %A

+-A)TA0)F+

And the debt became due @+*2+ TB+

>A)A/+, it will remain exclusive

)f it became due A*T+ TB+ >A)A/+

)t is con$ugal

I&now of the source

Art. 1. The ownership of

improvements, whether for utility or

adornment, made on the separate

property of the spouses at the

expense of the partnership or

through the acts or efforts of

either or both spouses shall pertain

to the conjugal partnership,or to

the original owner5spouse, sub$ect to

the following rules;

%hen the cost of the improvement

made by the con$ugal partnership and

any resulting increase in value are

more than the value of the property at

the time of the improvement, the entire

property of one of the spouses shall

belong to the con$ugal partnership,

sub$ect to reimbursement of the value


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of the property of the owner5spouse at

the time of the improvement)0A)T)+

-BA/+

62# A#

2@0)/AT)2#

Art. "4. The absolute community of property shall be liable for;

(1! The supportof the spouses, their common children, and legitimate children

of either spouse< however, the support of illegitimate children shall be governed

by the provisions of this -ode on upport)#)TA

T)2#

And

+#K2>+#T

shall prevail, sub$ect to recourse to the court by the wife for proper remedy,

which must be availed of within five years from the date of the contract

implementing such decision.

)n the event that one spouse is incapacitated or otherwise unable to participate in

the administration of the common properties, the other spouse may assume sole

powers of administration. These powers do not include disposition or

encumbrance without authority of the court or the written consent of the otherspouse. )n the absence of such authority or consent, the disposition or

encumbrance shall be void. Bowever, the transaction shall be construed as a

continuing offer on the part of the consenting spouse and the third person, and

may be perfected as a binding contract upon the acceptance by the other spouse

or authoriNation by the court before the offer is withdrawn by either or both

offerors. (CPG art 135)

A-T2 2* A>)#)TAT)2#; spouses -A# decide that only one spouse may

administer the property< #2 -2#+#T #+++ from the other spouse

@6T in case where the property being administered by that spouse was been

sub$ect to A0)+#AT)2#L+#-6>@+A#-+LATTA-B+L20 it is no longer an actof administration but A-T 2* 2%#+B)


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4IMI>ARIG

#I,

+

Art. "". The absolute community terminates;

(1! 6pon the death of either spouse+#T 2* A- 2 -/ +@T

>6T *)T A 26T the A- or / property if insufficient, spouses solidarily

liable with the separate property

*2 -/, must first reimburse the spouse for separate property which became

con$ugal due to the increase in value of the property as a result of theimprovements made thereon with the use of the con$ugal property (1!.


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4*PARAI,+ ,F PR,P*RG

AR. 12& 4eparate property

86*+ A(*S

o At the precise (*>*=RAI,+ ,F

MARRIAK* if 4eparation of propertywas *JPR*44>G AR*< in the

M4o =G # ,R


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*ach shall own dispose of posses administer

and enjoy his or her own 4*PARA*

PR,P*RG

he consent of the other spouse is +,

+*(*44ARG

Art. 1& >I=I>II*4

=oth shall bear the family e"penses inPR,P,RI,+ to their I+(,M* or in case of

insufficiency or default to the (#RR*+

MARN* 9A>#* of their separate property

As to (R*I


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AR 1&@ AR 1&0

APP>I(A=I>I

G he following must concur

parties who are (APA(IA*< ,

MARRG each other /psychologicalincapacity absence of license absence

of authority of 4olemni-ing officermarriage ceremony minors *KA> MARRIAK*

8I6 A+,6*R P*R4,+

>I9*4 *J(>#4I9*>G with each

other as husband and wife

85o the benefit of marriage

(,6A=IAI,+ +, falling under 1&@1. Parties ARI*4 A+G ,8+*G

=G ,8+

F#+#4I9* F#+I9I+K,K*6*R

PR*4#MPI,+%

o ,btained by their ,I+

*FF,R 8,RN

I+

+either party may encumber such

property 8I6,# 6* (,+4*+

,F 6* ,6*R

+, PR*4#MPI,+

o If there is evidence however that it

was jointly ac!uired =# +,+*

as to the *J*+ ,F(,+RI=#I,+ presumption

shall be for the *?#A>

(,+RI=#I,+

F,RF*I#R* 1 party to a 9,I< marriage /not

dis!ualified by legal impediments

mentioned in 1&0o (ommon children

o egitimate marriage

o If the party who acted in bad faith

is +, 9A>IG MARRI*< to

anyone his5her share shall be

F,RF*I*< as followed in 1&@

o In pari delicto same as above


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FAMI>G

Art 1&L FAMI>G

Art. 1' FAMI>G R*>AI,+431. 6usband and 8ife

). Parent and (hild2. ascendants and descendants

&. brothers and sisters full or half blood

*"ists even if they donDt live together

Illegitimate children are +, included because

they have their own family

Adopted children are included

Art 1'1 4#I4 between family members

46A>> +, PR,4P*R

*"cept when it should appear that earnest effort

towards (,MPR,MI4* have been made but

failed.

It must appear in the verified complain that theydid try to (,MPR,MI4* and have an amicable

settlement

IF +, 46,8I+K ,F *AR+*4 *FF,R,8AR 4A#4 of the person

o A4 to 9A>I*KA> 4*PARAI,+

o F##R* 4#PP,R

o urisdiction of the court

o F##R* >*KIIM*

Art 1') FAMI>G 6,M* (onstituted ,I+>G by the husband and wife

,R the #+MARRI*< /4PI+4*R 6*A< of

the family

Family must reside therein

,nly one residence5dwelling can be constituted

as a family home

6ouse constructed in the >A+< ,F A+,6*R

cannot be constituted as a family home

>A+< I4 A+ I+*KRA> part of the family

home

6ome should be P*RMA+*+ in character

9A>#* should not *J(**< that fi"ed by law

Art. 1'2 86*+ I4 FAMI>G 6,M* G R*4I> I+9*4IKA* if the

family actually resides therein

FAMI>G 6,M* I4 *J*MP*< FR,M3

o *"ecution

o Forced sale

o Attachment

Art 1'& =*+*FI(IARI*4

6#4=A+< and 8IF* or #+MARRI*< 6*AG

P A A84 are also included

Art 1'' 86*+ I4 FAMI>G 6,M* +, *J*MP*IAI,+

persons (sta.maria) reviewer #4

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