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PERSONS AND FAMILY RELATIONS > ARTICLE 50 - 67 FAMILY CODE > Flashcards

ARTICLE 50 - 67 FAMILY CODE Flashcards

1
Q

What are the effects of the declaration of nullity or annulment of marriage?

A
  1. ACOP or CPOG as the case may be, shall be dissolved and liquidated. If either spouse acted in bad faith, his or her share OF THE NET PROFITS shall be forfeited in favor of the common children; if none, in favor of the children of the guilty spouse by a previous marriage; in default of children, the innocent spouse.
  2. Donations by reason of marriage shall remain valid unless the donee acted in bad faith, in which case the donations are revoked by operation of law
  3. If the spouse who acted in bad faith is the designated beneficiary of the innocent spouse in an insurance policy, the designation can be revoked even if it is stipulated that the designation is irrevocable.
  4. The spouse who acted in bad faith is disqualified to inherit, even if the innocent spouse makes a will in favor of the other spouse, it is believed that the pertinent provisions of the will are void.
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2
Q

What provisions must be provided in the final judgment of declaration of nullity or annulment of marriage?

A
  1. Liquidation
  2. Partition
  3. Distribution of properties
  4. Custody and support of the common children
  5. Delivery of presumptive legitimes
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3
Q

T or F

In the proceedings for liquidation, creditors of the spouses shall be notified for the protection of their interests.

A

True.

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4
Q

T or F
In the partition of properties, the conjugal dwelling and the lot on which it is situated shall be adjudicated to the spouse with whom majority of the common children choose to remain.

A

True

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5
Q

Explain the rules on custody over minor children.

A

Children below 7 years are deemed to have chosen the mother, unless the Court provides otherwise. In the absence of majority, the Court shall decide taking into consideration the best interest of the children.

The court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit.

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6
Q

T or F
In the partition, the value of the presumptive legitimes of all children, computed as of the date of the final judgment of the trial court, shall be delivered in cash, property or sound securities unless the parties, by mutual agreement judicially approved, had already provided for such matters.

A

False, ALL COMMON CHILDREN, not all children.

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7
Q

T or F
The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses, and the delivery of the children’s presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect 3rd persons.

A

True. (Art 52)

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8
Q

T or F
Either of the former spouses may marry again after recording the judgment of annulment or of absolute nullity of marriage in the appropriate civil registry; otherwise the subsequent marriage shall be null and void.

A

True. (Art 53)

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9
Q

T or F
If the former spouses married again without registering the judgment of annulment or of absolute nullity of marriage in the appropriate civil registry, they will be criminally liable under Art 350 of the RPC.

A

True.

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10
Q

T or F
Children conceived or born before the judgment of annulment or absolute nullity of marriage under Article 36 has become final and executory shall be considered legitimate.

A

True.

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11
Q

What is divorce?

A

Divorce is the dissolution or temporary suspension of the marriage relation

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12
Q

What are the kinds of divorce?

A
  1. Absolute divorce (not allowed in the PH) - puts an end to the marriage
  2. Relative divorce (aka Legal Separation) - does not end the marriage but merely permits separation from bed and board leaving the marriage bond in full force.
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13
Q

What are the grounds for legal separation under the Family Code?

A

Article 55 provides:
A petition for legal separation may be filed on any of the following grounds:

  1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner
  2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation
  3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner to engage in prostitution or connivance in such corruption or inducement
  4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned
  5. Drug addiction or habitual alcoholism of the respondent
  6. Lesbianism or homosexuality of the respondent
  7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad
  8. Sexual infidelity or perversion
  9. Attempt by the respondent against the life of the petitioner
  10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

For purposes of this Article, the term child shall include a child by nature or by adoption

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14
Q

Explain repeated physical violence or grossly abusive conduct as a ground for legal separation.

A

The physical violence must be directed against:

  1. The spouse or
  2. Common child
  3. Child of the other spouse
  4. Adopted child
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15
Q

Explain physical violence or moral pressure as a ground for legal separation.

A

There is physical violence and moral pressure for a specific purpose: to compel petitioner against his or her will to change religion or political affiliation. THIS DOES NOT COVER THE CHILDREN OF THE SPOUSES.

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16
Q

Explain attempt to corrupt or induce engagement in prostitution as a ground for legal separation.

A

A spouse who perpetrates corruption or inducement to engage in prostitution to the other spouse or to children can be a ground.

If the spouse also connives in prostitution even if not to the spouse or children, the same can be a ground for legal separation

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17
Q

Explain final judgment in criminal case as a ground for legal separation.

A

The judgment must be FINAL and the PENALTY IS IMPRISONMENT FOR MORE THAN SIX YEARS, EVEN IF PARDONED.

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18
Q

Explain drug addiction or habitual alcoholism as a ground for legal separation.

A

Drug addiction or habitual alcoholism is a ground for legal separation.

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19
Q

Explain lesbianism or homosexuality as a ground for legal separation.

A

Lesbianism or homosexuality is a ground for legal separation.

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20
Q

Explain contracting a subsequent bigamous marriage as a ground for legal separation.

A

Contracting a subsequent bigamous marriage is a ground for legal separation.

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21
Q

Explain sexual infidelity as a ground for legal separation.

A

Sexual infidelity is a ground for legal separation. There is no definition for sexual infidelity, and it is understood in its ordinary sense.

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22
Q

Explain attempt against life of the other spouse as a ground for legal separation.

A

Attempt against life of the other spouse is a ground for legal separation, and THE ATTEMPT MUST BE UNJUSTIFIED, since it could have been self-defense, or the circumstance contemplated in Article 247 of the RPC.

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23
Q

Explain unjustifiable abandonment as a ground for legal separation.

A

Unjustifiable abandonment is a ground for legal separation.

Unjustifiable abandonment is desertion of the conjugal dwelling without intention of returning and there must be an absolute cessation of marital relations, duties and rights with intention of perpetual separation. It must not only be physical estrangement BUT ALSO FINANCIAL AND MORAL DESERTION.

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24
Q

T or F

Bigamy is a private crime, not a public crime.

A

False. Bigamy is a public crime, not a private crime.

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25
Q

When is there prima facie presumption of abandonment?

A
  1. When the spouse has left the conjugal dwelling for a period of no less than 3 months
  2. When within the same period he failed to give any information as to his or her whereabouts.
26
Q

What are the grounds wherein the petition for legal separation shall be denied?

A

Article 56 provides:
The petition for legal separation shall be denied on any of the following grounds:
1. Where the aggrieved party has condoned the offense or act complained of
2. Where the aggrieved party has consented to the commission of the offense or act complained of
3. Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation
4. Where both parties have given ground for legal separation
5. Where there is collusion between the parties to obtain the decree of legal separation
6. Where the action is barred by legal prescription

27
Q

T or F

Generally, only the innocent spouse may file an action for legal separation.

A

True.

28
Q

T or F

A simple voluntary act of marital intercourse is sufficient condonation.

A

True.

29
Q

T or F
When both parties are guilty of an act or acts which are grounds for legal separation, neither can come to court and seek legal separation against the other, even if one is more guilty than the other.

A

True.

30
Q

T or F
The prescription for an action for legal separation is 5 years from the time of discovery of the act complained of irrespective of when the occurrence of the cause transpired.

A

False.
The prescription for an action for legal separation is 5 YEARS FROM THE TIME OF THE OCCURRENCE OF THE CAUSE, irrespective of when the plaintiff has discovered the act complained of.

31
Q

T or F

Filing the case for legal separation after five years from the occurrence of the act bars the case.

A

True.

32
Q

T or F
The court motu propio can take cognizance of prescription even if not raised as defense in view of public policy involved.

A

True.

33
Q

T or F
If a party files a case of legal separation against his spouse under Article 55, he is deemed to have recognized the validity of the marriage.

A

True.

34
Q

T or F
If a party files a case of legal separation against his spouse under Article 55, he is deemed to have recognized the validity of the marriage, and if the case is finally dismissed, a subsequent action for annulment of the same marriage is no longer available because the plaintiff is under estoppel because he has already recognized the validity of the marriage.

A

True.

35
Q

T or F
If a party files a case of legal separation against his spouse under Article 55, he is deemed to have recognized the validity of the marriage, and if the case is finally dismissed, a subsequent action for declaration of nullity of marriage of the same marriage is no longer available because the plaintiff is under estoppel because he has already recognized the validity of the marriage.

A

FALSE. If the marriage is void, the filing of the legal separation case will not preclude the filing of the appropriate action for declaration of nullity.

A void marriage is inexistent; it cannot be ratified, and it can be attacked anytime.

36
Q

T or F
An action for legal separation shall in no case be tried before the six months shall have elapsed since the filing of the petition. The six month period is intended as a cooling-off period to allow a possible reconciliation between the spouses because THE HEALING BALM OF TIME MAY AID IN THE PROCESS.

A

True.

37
Q

When is the cooling off period of 6 months under Article 59 of the Family Code not applicable?

A

In cases of domestic violence under Sec 19 of RA 9262 (VAWC)

38
Q

T or F
No legal separation may be decreed unless the court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable.

A

True (Art 59)

39
Q

T or F
No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment.
In any case, the court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed.

A

True. (Art 60)

40
Q

T or F
The uncorroborated acknowledgment or confession by the spouse that he committed an act that is a ground for legal separation, standing alone, is sufficient basis for the issuance of the decree of legal separation.

A

False, confession of judgment is not sufficient and other proofs are needed whether direct or circumstantial.

41
Q

T or F
Judgment on the pleadings is not allowed in legal separation, annulment of marriage or declaration of nullity of marriage.

A

True.

42
Q

T or F

Judgment by default in a legal separation case is void.

A

True.

43
Q

What are the EFFECTS of FILING a petition for legal separation?

A
  1. Spouses are entitled to live separately from each other
  2. The right of consortium ceases
  3. The wife is suable alone without need of impleading the husband
  4. When the consent of one spouse is needed in any transaction, judicial authorization is necessary
  5. The administration of the absolute community of property or conjugal partnership may be agreed upon in writing between the parties
44
Q

T or F
During the pendency of the action for legal separation, the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of the common children.

A

True.

45
Q

What is alimony?

A

Alimony refers to the money for support paid by a man to his wife or by a woman to her husband when they are legally separated or divorced.

46
Q

T or F
It is the duty of the court to grant alimony pendente lite to the wife and to make provisions for the support of the children not in the custody of the husband. Alimony will however be denied if the existence of the marriage is denied by the defendant.

A

True.

47
Q

T or F
In some cases, if the wife is the defendant and is financially capable and the husband is the party in need, the court may reprive the wife to give alimony to the husband during the proceedings.

A

True.

48
Q

What are the EFFECTS of a judicial decree of legal separation?

A
  1. The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed
  2. The ACOP or CPOG shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the ACOP or CPOG which shall be forfeited in accordance with the provisions of Article 43
  3. The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213
  4. The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.
49
Q

T or F
In legal separation, the court may order the guilty spouse to support the innocent one, but the guilty spouse cannot ask for support from the innocent spouse.

A

True.

50
Q

T or F

The wife may not revert to her maiden name even if legal separation is granted.

A

True, because her marriage status is not affected by a decree of legal separation.

51
Q

T or F
Upon the decree of legal separation, the innocent spouse may revoke the donations made in favor of the offending spouse whatever be the nature and kind of the donation

A

True.

52
Q

T or F
Upon decree of legal separation, the innocent spouse may revoke the designation of the offending spouse as beneficiary in any insurance policy, even if such designation is stipulated to be irrevocable.

A

True.

53
Q

T or F
Upon decree of legal separation, the prescriptive period for the exercise of the option to revoke the donation or designation of the offending spouse as beneficiary is 5 years from the date of the occurrence of the cause of ground for legal separation.

A

False. 5 YEARS FROM THE DATE OF THE FINALITY OF THE DECREE.

54
Q

T or F
In the event that the spouses, who are legally separated, reconciled, the spouses must file a JOINT MANIFESTATION duly signed and sworn by them in the same proceedings for legal separation.

A

True.

55
Q

What are the effects if spouses who were once legally separated, reconciled, and subsequently filed a joint manifestation?

A
  1. The legal separation proceedings, if pending shall be terminated in whatever stage.
  2. The final decree of legal separation shall be set aside, but the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime.
56
Q

T or F
If the parties wish to revive their former property regime after reconciling, their mutual consent must be embodied in an agreement of revival to be submitted to the court for approval.

A

True.

57
Q

T or F

Reconciliation has no retroactive effect.

A

True.

58
Q

If the spouses reconcile and agree to revive their former property regime, what must be complied with?

A

The agreement must be executed under oath and specify:

  1. The properties to be contributed anew to the restored regime
  2. Those to be retained as separate properties of each spouse
  3. The names of all their known creditors, their addresses and the amounts owing to each.
59
Q

T or F

There can be no reconciliation without resumption of cohabitation and marital relationship.

A

True.

60
Q

What are vested rights?

A

Vested rights are a consequence of the constitutional guaranty of due process that expresses a fixed interest which in right reason and natural justice is PROTECTED AGAINST ARBITRARY STATE ACTION.

It includes not only legal or equitable title to the enforcement of a demand but also exemptions from new obligations created after the right has become vested.

61
Q

What are considered net profits in CPOG?

A

All the fruits of their separate properties and the products of the spouses’ labor and industry.

62
Q

How is net profits computed for purposes of dissolution in legal separation?

A

Under ACOP:
MV of all properties AT TIME OF DISSOLUTION - debt and obligations = NET ASSETS

NET ASSETS - MV of all properties AT TIME OF MARRIAGE = NET PROFITS.

PERSONS AND FAMILY RELATIONS (14 decks)

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