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Civil Law > Donation, Filiation, Support, Family > Flashcards

Donation, Filiation, Support, Family Flashcards

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1
Q

for a donation to be considered as donation propter nuptias, the following requisites
must be present:

A

(1) it must be made before celebration of the marriage;
(2) it must be made in consideration of the marriage; and
(3) it must be made in favor of one or both of the future spouses. In this kind of donation, it is essential that the donee or donees be either of the future spouses or both of them, although the donor may either be one of the future spouses or a third person.

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2
Q

the following donations are not donations propter nuptias

A

(1) those made in favor of the spouses after the celebration of marriage;
(2) those executed in favor of the future spouses but not in consideration of the marriage; and
(3) those granted to persons other than the spouses even though they may be founded on the marriage.

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3
Q

acceptance of Donation

A

“express acceptance is not necessary for the validity of these donations.” Thus, implied acceptance is sufficient for the validity of donations propter nuptias under the New Civil Code.

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4
Q

Rules of Donation

A
  1. there should be a valid MS and stipulated property regime
  2. 1/5 only from the property of the future spouse but only excess is considered void. However, in ACP the law does not impose any limitation or reduction to the donation to the future spouse.
  3. if DNP is not included in MS but in a different instrument or deed, the limitation does not apply.
  4. no person may give/receive by way of donation more than he may give/receive by will.
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5
Q

Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases:

A

(1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81;

(2) When the marriage takes place without the consent of the parents or guardian, as required by law;

(3) When the marriage is annulled, and the donee acted in bad faith;

(4) Upon legal separation, the donee being the guilty spouse;

(5) If it is with a resolutory condition and the condition is complied with;

(6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general.

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6
Q

Rules of Donation during marriage is void. reasons:

A
  1. to protect creditor from being defrauded
  2. so that the stronger spouse will not compel the weaker spouse to transfer properties
  3. indirect modification of MS
  4. donation mortis causa - after death
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7
Q

future property

A

While ordinary donations cannot comprehend future property, donations propter nuptias of future property between future spouses are not prohibited

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8
Q

cases which are not subject to compromise

A

(1) The civil status of persons;
(2) The validity of a marriage or legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts;
(6) Future legitime.”26

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9
Q

154 beneficiaries of the family home

A
  1. the husband and wife, or an
  2. unmarried person who is the head of a family; and
  3. their parents,
  4. descendants,
  5. descendants,
  6. brothers and sisters, whether the relationship be legitimate or illegitimate, who are living in the family home and who depend upon the head of the family for legal support.

includes the in-laws

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10
Q

155 The family home shall be exempt from execution, forced sale or attachment except:

A

(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the family home;
(3) For debts secured by mortgages on the premises before or after such constitution;
(4) For debts due to laborers, mechanics, architects, builders,
materialmen and others who have rendered service or furnished material
for the construction of the building.

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11
Q

Art. 156. The family home must be part of the properties

A
  1. absolute community or
  2. the conjugal partnership, or of the
  3. exclusive properties of either spouse with the latter’s consent. It may also be constituted by an
  4. unmarried head of a family on his or her own property.

Nevertheless, property that is the subject of a conditional sale on installments where ownership is reserved by the vendor only to guarantee payment of the purchase price may be constituted as a family home.

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12
Q

Art. 157. The actual value of the family home shall not exceed, at the time of its constitution,
less of the amount is except from execution

A
  1. the amount of the three hundred thousand pesos in urban areas, and
  2. two hundred thousand pesos in rural areas, or
  3. such amounts as may hereafter be fixed by law.
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13
Q

Art. 158. requirement of alienating, donating, assigning or encumberance by the owner

A
  1. written consent of the person constituting the same,
  2. the latter’s spouse, and a
  3. majority of the beneficiaries of legal age.

In case of conflict, the court shall decide.

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14
Q

retroactive effect 152 and 153

A

do not have a retroactive effect such that all existing family residences are deemed to
have been constituted as family homes at the time of their occupation prior to the effectivity of the Family Code and are exempt from execution for the payment of obligations incurred before the effectivity of the Family Code

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15
Q

Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate.

A
  1. nature or by
  2. adoption.

Natural filiation may be
1. legitimate or
2. illegitimate.

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16
Q

art 164 artificial insemination donors and process

A

artificial insemination donors are the husband and wife - legitimate
requisites:
1. both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child.
2. instrument shall be recorded in the civil registry together with the birth certificate of the child.

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17
Q

two kinds of void marriages which produce legitimate children

A

(1) children of marriages which are declared void under article 36; and
(2) children of marriages which are declared void under article 53

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18
Q

“legitimated”

A

Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated.

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19
Q

Art. 166. Legitimacy of a child may be impugned only on the following grounds:

A

g grounds:
(1) That it was PHYSICALLY IMPOSSIBLE FOR THE HUSBAND TO HAVE SEXUAL INTERCOURSE with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of:
(a) the physical incapacity of the husband to have sexual intercourse with his wife;
(b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse.
(2) That it is PROVED THAT FOR BIOLOGICAL OR OTHER SCIENTIFIC REASONS, THE CHILD COULD NOT HAVE BEEN THAT OF THE HUSBAND, except in the instance provided in the second paragraph of Article 164; or
(3) That in case of children conceived throughARTIFICIAL INSEMINATION, the written authorization or ratification of either parent was obtained through MISTAKE, FRAUD, VIOLENCE, INTIMIDATION, OR UNDUE INFLUENCE

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20
Q

Art. 170. The action to impugn the legitimacy of the child

A
  1. one year after recording in the civil registrar if they live in the same municipality or city
  2. two years if not in the same city or municipality but in PH
  3. three years if abroad

if concealed, the period is counted from the time of discovery

21
Q

Art. 171. The heirs of the husband may impugn the filiation of the child within the period prescribed in the preceding article only in the following cases:

A

(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 therefrom;
(3) If the child was born after the death of the husband.

22
Q

Art. 172. The filiation of legitimate children is established by any of the following:

A

(1) The record of birth appearing in the civil register or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

In the absence of the foregoing evidence, the legitimate filiation shall be roved by:

(1) The open and continuous possession of the status of a legitimate child; or

(2) Any other means allowed by the Rules of Court and special laws.

23
Q

Art. 174. Legitimate children shall have the right:

A

(1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames;

(2) To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of this Code on Support; and

(3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code. (264a)

24
Q

Art. 176

A

The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.
Amended in RA 9255 - use of father’s surname of the illegitimate child as recognized by the father

25
Q

Art. 180.

A

The effects of legitimation shall retroact to the time of the child’s birth.

26
Q

Art. 184. The following persons may not adopt:

A

(1) The guardian with respect to the ward prior to the approval of the final accounts rendered upon the termination of their guardianship relation;

(2) Any person who has been convicted of a crime involving moral turpitude;

(3) An alien, except:

(a) A former Filipino citizen who seeks to adopt a relative by consanguinity;

(b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or

(c) One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a relative by consanguinity of the latter.

27
Q

Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:

A

(1) The spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;

(4) Parents 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

28
Q

Art. 158. requirement of alienating, donating, assigning or encumberance by the owner

A
  1. written consent of the person constituting the same,
  2. the latter’s spouse, and a
  3. majority of the beneficiaries of legal age.

In case of conflict, the court shall decide.

29
Q

Art. 183. who may adopt

A
  1. A person of age and in possession of
  2. full civil capacity and legal rights may adopt, provided
  3. he is in a position to support and care for his children, legitimate or illegitimate, in keeping with the means of the family.
  4. Only minors may be adopted, except in the cases when the adoption of a person of majority age is allowed in this Title.
  5. the adopter must be at least sixteen years older than the person to be adopted, unless the adopter is the parent by nature of the adopted, or
  6. is the spouse of the legitimate parent of the person to be adopted.
30
Q

Art. 185. Husband and wife must jointly adopt, except in the following cases:

A

(1) When one spouse seeks to adopt his own illegitimate child; or

(2) When one spouse seeks to adopt the legitimate child of the other.

31
Q

Art. 187. The following may not be adopted:

A

(1) A person of legal age, unless natural child of the adopter or child of the spouse.

(2) An alien with whose government the Republic of the Philippines has no diplomatic relations; and

(3) A person who has already been adopted unless such adoption has been previously revoked or rescinded.

32
Q

Art. 188. The written consent of the following to the adoption shall be necessary:

A

(1) The person to be adopted, if ten years of age or over,

(2) The parents by nature of the child, the legal guardian, or the proper government instrumentality;

(3) The legitimate and adopted children, ten years of age or over, of the adopting parent or parents;

(4) The illegitimate children, ten years of age or over, of the adopting parent, if living with said parent and the latter’s spouse, if any; and

(5) The spouse, if any, of the person adopting or to be adopted.

33
Q

189 Effects of Adoption 5

A

[169.1] Transfer of parental authority from natural parents to adoptee except is adopter is the natural parent
[169.2] Legitimacy
(a) Right to use surname of adopter
(b) Right to support
[169.3] Succession
(a) Compulsory heir
(b) Legal or intestate heir

34
Q

The adoption may be rescinded on any of the following grounds
committed by the adopter(s):

A

(a) repeated physical and verbal maltreatment by the adopter(s)
despite having undergone counseling;
(b) attempt on the life of the adoptee;
(c) sexual assault or violence; or
(d) abandonment and failure to comply with parental obligations

35
Q

The adoption may be rescinded on any of the following grounds
committed by the adoptee:
192

A

(1) If the adopted has committed any act constituting ground for disinheriting a descendant; or

(2) When the adopted has abandoned the home of the adopters during minority for at least one year, or, by some other acts, has definitely repudiated the adoption.

36
Q

effect of judcial rescission
193

A
  1. extinguish reciprocal rights and obligation
  2. lose right to surname - resume the surname prior to adoption
  3. amend the records in the proper registries.
37
Q

kinds of support

A
  1. natural and civil
  2. legal and voluntary
  3. special kind - alimony pendente lite
38
Q

support includes

A
  1. food and sustenance
  2. dwelling
  3. clothing
  4. medical attendance
  5. education
  6. transportation
39
Q

Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:

A

(1) The spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;

(4) Parents 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

40
Q

Art. 199. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided:

A

(1) The spouse;

(2) The descendants in the nearest degree - oldest first

(3) The ascendants in the nearest degree; and

(4) The brothers and sisters -oldest first

41
Q

305 duty to make arrangement is the funeral

A

(1) The spouse;

(2) The descendants in the nearest degree - oldest brother or sister

(3) The ascendants in the nearest degree; and

(4) The brothers and sisters.

42
Q

309 funeral how held

A
  1. in keeping with the expressed wishes of the deceased
  2. in the absence of the same - religious belief and affiliation
  3. in case of doubt - the person obliged to make arrangements
43
Q

308 exhumation

A

shall be with consent of
(1) The spouse;

(2) The descendants in the nearest degree - oldest brother or sister

(3) The ascendants in the nearest degree; and

(4) The brothers and sisters.

44
Q

309

A

direspects or interfere is shall be liable for material and moral damages

45
Q

Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated:

A

(1) The surviving grandparent, as provided in Art. 214;

(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and

(3) The child’s actual custodian, over twenty-one years of age, unless unfit or disqualified.

46
Q

Art. 228. Parental authority terminates permanently:

A

(1) Upon the death of the parents;

(2) Upon the death of the child; or

(3) Upon emancipation of the child

47
Q

Art. 229. Unless subsequently revived by a final judgment, parental authority also terminates:
When

A

(1) Upon adoption of the child;

(2) Upon appointment of a general guardian;

(3) Upon judicial declaration of abandonment of the child in a case filed for the purpose;

(4) Upon final judgment of a competent court divesting the party concerned of parental authority; or

(5) Upon judicial declaration of absence or incapacity of the person exercising parental authority.

48
Q

Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties:

A

(1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means;

(2) To give them love and affection, advice and counsel, companionship and understanding;

(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship;

(4) To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals;

(5) To represent them in all matters affecting their interests;

(6) To demand from them respect and obedience;

(7) To impose discipline on them as may be required under the circumstances; and

(8) To perform such other duties as are imposed by law upon parents and guardians.

Civil Law (8 decks)

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