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Persons and Family Relations > Family Code > Flashcards

Family Code Flashcards

0
Q

When did the family code take effect?

A

August 3, 1988

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1
Q

What is marriage?

A

Marriage is a special contract of 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 institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (ART 1)

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2
Q

The basis of social organization which is deemed essential to the public.

A

Marital relations

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3
Q

Constitution Art 2 sec 12 in relation to the family code (CONSTITUTIONAL PROTECTION)

A

The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.

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4
Q

Three parties to everycivil marriage:

A

Two willing spouses and the approving state

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5
Q

New provision in the family code:

A

Art 53
A subsequent marriage is voidif before contracting the same, the former spouse, in violationof Art 52, failed to liquidate their property ofthe previous marriage after the finality of the nullity of annulment decree and to deliver the presumptive legitime of their children.

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6
Q

What are the essential requisites of marriage?

A
  1. Legal capacity of the contracting parties who must be a male and a female
  2. Consent freely given in the presence of the solemnizing officer.

ART 2

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7
Q

What are the formal requisites of marriage?

A
  1. Authority of the solemnizing officer
  2. A valid marriage license (except those mentioned in title 2 of this title)
  3. Marriage ceremony which takes place with the appearance of the contracting partoes before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

ART 3

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8
Q

Legal capacity:

A

Age 18 and up
Not related to each other
Not yet married

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9
Q

Requirements of consent:

A
  • Freely given

- must be made in the presence of a solemnizing officer

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10
Q

Valid marriage license

A

Lifetime: 120 days
Effectivity: any part of the Phils.
*date of issue is the date of signing of the LCR

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11
Q

Minimum requirement in a marriage ceremony

A

Contracting parties appear personally before the solemnizing officer

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12
Q

Marriage by proxy

A

Void. Absence in essential requisite of consent

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13
Q

Irregularities which do not affect the validity of a marriage:

A
  1. Absence of two witnesses of legal age during the marriage ceremony
  2. Absence of the marriage certificate
  3. Marriage solemnized in a place other than publicly in the chambers of the judge or in open court, in church, chapel, or temple, or in the office of the consul-general, consul, or vice-consul
  4. Issuance of marriage license in city or municipality not the residence of either of the contracting parties
  5. Unsworn application for a marriage license
  6. Failure of the contracting parties to present original birth certificate or baptismal certificate to the local civil registrar who likewise failed to ask the same
  7. Failure of the contracting parties between the ages 18 & 21 to exhibit consent of parents or persons having legal charge of them to the LCR
  8. failure of the contracting parties between the ages of 18 & 21 to exhibit advice of parents to LCR
  9. Failure to undergo marriage counseling
  10. Failure of the LCR to post required notices
  11. Issuance of marriage license despite the absence of publication or prior to the completion of the 10-day period of publication
  12. Failure to pay the prescribed fees for the marriage license
  13. Failure of the person solemnizing the marriage to send copies of the marriage certificate to the local civil registrar
  14. Failure of the LCR to enter the applications for marriage licenses filed with him in the registry book in the order in which they were received
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14
Q

Marriage can be solemnized by:

A

(1) Any incumbent member of the judiciary within the court’s jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer’s church or religious sect;
(3) Any ship captain or airplane chief only in the case mentioned in Article 31;
(4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32;
(5) Any consul-general, consul or vice-consul in the case provided in Article 10. (56a)

6 CITY MAYOR (Local Govt Code-1992)

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15
Q

Requirements for previously married applicant for marriage license:

A
  • death certificate of the deceased spouse
  • judicial decree of absolute divorce
  • juidicial decree of annulment or nullity of previous marriage

If no death cert, affidavit stating circumstance, actual status and name and date of death of deceased spouse. ART 13

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16
Q

Proof required to attack validity of marriage/ to repel the presumption of marriage:

A

Strong, distinct, satisfactory evidence p. 158 ART 22

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17
Q

What is the best evidence of marriage?

A

Marriage contract or Marriage certificate

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18
Q

ART 26 Exception to the Comity provision- marriages outside the Philippines, in accordance with the laws in coppforce in the country where they are solemnized, and valid there as such, shall also be valid in this country, except:

A
  • If either or both parties are Filipinos and are under 18, the marriage won’t be recognized (Art 15 of the Civil Code)
  • Bigamous and polygamous marriages wont be recognized
  • Marriage where there is “mistake of identity” of the other is not recognized
  • If a party does not follow 52 and 53 of the family code, the marriage is not recognized
  • Marriage where a Filipino is psychologically incapacitated (36) is not recognized
  • Marriage between ascendants and descendants, or between siblings whether by full or half blood
  • Marriages against public policy will not be recognized here even if they are recognized in the country where the marriage was solemnized
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19
Q

Marriage solemnized abroad without a license, valid?

A

Yes. Not stated in the exceptions under ART 26, page 163

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20
Q

Marriage by PROXY abroad, Valid?

A

Yes. Not stated in the exceptions under ART 26, page 163

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21
Q

Marriage solemnized by a professor of law abroad, valid?

A

Yes. Not stated in the exceptions under ART 26, page 163

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22
Q

Define POLYGAMY.

A

Act or state of a person who, knowing that he has two or more wives, or that she has two or more husbands, marries another

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23
Q

Bigamous Marriage

A

Committed by a person who contracts a second marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceeding.

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24
Q

Absolute divorce

A
  • Divorce that capacitates the parties to marry again.
  • Generally not recognized in the Philippines
  • valid marriage is celebrated, either in the Phils or abroad, bet a Filipino citizen and a foreigner, and subsequently, the foreigner spouse obtains a valid divorce abroad capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine Law
25
Q

Nationality Principle

A

As to the legal capacity of the person, the Philippines shall adhere or follow the law of the country of the person involved.

26
Q

Legal effects of a valid divorce:

A

Both are free to remarry again

27
Q

Reckoning point of divorce obtained abroad

A

Nationalit during the divorce, not during the marriage

28
Q

Marriage in Morocco not valid if solemnized not in the court, valid in the Philippines?

A

No. ART 26. Even if it’s valid in the Philippines, if it’s not valid in Morocco, the Philippine will adhere to the comity provision

29
Q

Marriage license requirements exceptions:

A

Art. 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a)
Art. 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (72a)

Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. (78a)
Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage. (76a)

30
Q

Requisites so that a judge can validly solemnize a marriage:

A
  • Judges can solemnize marriage only within their courts’ jurisdiction
  • They must be incumbent
  • SC, CoA, CTA, and Sandiganbayan have the jurisdiction over the whole country

JUSTICES HAVE JURISDICTION ALL OVER THE PHILIPPINES; they can solemnize marriages anywhere within the country

31
Q

Requisites of a priest, an imam, a pastor or any leader of a religious sect to validly solemnize a marriage:

A
  • Must be duly authorized by his or her church or religious sect
  • Must act within the limits of the written authority granted to him or her
  • Must be registered with the civil registrar general
  • At least one of the contracting parties whose marriage he or she is to solemnize belongs to his or her church or religious sect
32
Q

Requisites so that a ship captain or an airplane chief can validly solemnize a marriage:

A
  • The marriage must be in articulo mortis
  • Marriage must be between passengers or crew members
  • The ship must be at sea or the plane must be in flight
  • Can be solemnized during stopovers at ports of call (voyage not yet terminated)
33
Q

Requisites so that a military commander can validly solemnize a marriage:

A
  • Must be a military commander of a unit
  • Must be a commissioned officer
  • Rank should start from a second lieutenant
  • Chaplain must be assigned to such unit
  • Said chaplain must be absent at the time of the marriage
  • Marriage must be one in articulo mortis
  • The contracting parties must be within the zone of military operation
34
Q

Requisites so that a consul, consul-general or vice consul can validly solemnize a marriage:

A
  • They can solemnize marriage abroad only between Filipinos
  • They also perform the acts of a local civil registrar
  • Marriage will be under Philippine Laws
  • If the parties want to have the marriage outside the office of the consul, they can do so by a request in the form of writing
  • Marriage between a Filipino and a foreigner celebrated by a consul is void (Exception: when the laws in the host country recognize the marriage, the marriage is valid in the Philippines (Art 26))
35
Q

Requisites so that a mayor can validly solemnize a marriage:

A
  • Local Government Code allows it
  • When the mayor is temporarily incapacitated to perform his duty, the vice mayor shall automatically exercise the powers and perform the duties of the local chief executive
  • Acting mayor has the authority to solemnize a marriage
36
Q

Good faith marriage under ART 7

A

• Either of the parties’ good faith in the authority of a solemnizing officer (who does not have authority) makes the marriage valid

37
Q

Requisites for marriage license requirement exception for cohabitation for five years:

A
  • They must live as such for 5 years characterized by exclusivity and continuity that is unbroken
  • They must be without and legal impediment to marry each other
38
Q

What does legal impediment mean?

A

It refers to any possible ground or basis under the family code, including non-age and the status of being already married among others, to make a marriage infirm. ART 34

39
Q

Exceptions to the general rule that good faith or bad faith are not relevant in void marriages:

A
  • Good faith in believing that a solemnizing authority has authority
  • Article 41: spouse disappears for 4 years or 2years, in the proper cases, the present spouse may validly marry again if he or she
  • Has a well-founded belief that his/her spouse is dead
  • Procures a judicial declaration or presumptive death
  • At the time of the subsequent marriage ceremony, is in good faith together with the subsequent spouse
40
Q

What is the general rule which relates to the property regime that governs void marriages?

A

Co-ownership

41
Q

Minimum marrying age during the Spanish Civil Code

A

M-14, F-12

42
Q

Minimum marrying age under the 1950 Civil Code

A

M-16, F-14

43
Q

Psychological incapacity must be characterized by:

A
  • Gravity - party would be incapable of carrying out the ordinary duties required in marriage
  • Juridical antecedence - must be rooted in history, although the overt manifestations may emerge only after the marriage
  • Incurability - must be incurable or, even if it were otherwise, the cure would be beyond the means of the party involved
44
Q

Guidelines in invoking and proving psychological incapacity (Molina Doctrine):

A

a. The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage
b. The root cause of the psychological incapacity must be
i. Medically or clinically identified
ii. Alleged in the complaint
iii. Sufficiently proven by experts
iv. Clearly explained in the decision
c. The incapacity must be proven to be existing at “the time of the celebration” of the marriage
d. Such incapacity must also be shown to be medically or clinically incurable
i. Must be relevant to the assumption of marriage obligations
e. Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage
f. The essential marital obligations must be
i. Embraced by 68-71 (husband and wife)
ii. 220, 221, and 225 (parents and children)
g. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts
h. The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state.
• Damages
• The court disallowed award of moral and exemplary damages, and attorney’s fees because the very nature of Psychological Incapacity negates bad faith which is an essential element in awarding moral damages

45
Q

Doctrine tobe followed governing half-blood marriages

A

In Re Simms Estate

46
Q

Significant Dates in the History of the judicial declaration of nullity

A 
Sept 28 1954❌
1957❌
June 30 1970✅
1971✅
June 2, 1977❌
1983❌
Aug 19, 1986✅
October 28 1986❌
August 3, 1988  ✅
47
Q

Requisites of bigamy:

A
  • That the offender has been legally married
  • Such marriage has not been legally dissolved; or in case of absence of the spouse, he or she is not yet presumed to be dead
  • The offender contracts a subsequent marriage
  • The subsequent marriage has all the essential requisites for validity
48
Q

What is the legal basis: annulment or nullity decree cannot be issued by the court on the sole basis of a stipulation of facts, or a confession of judgment.

A

Cardenas v. Cardenas amd Rinen

49
Q

General rule in void marriages with regard to the delivery of presumptive legitime:

A

VALDES ruling: delivery of presumptive legitime in void marriages are not required.

50
Q

Article 43 (2) (3) (4) (5) apply only to:

A

Void subsequent marriages that occur as a result of the non-observance of art 40

51
Q

Petition for legal separation grounds:

A

(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; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.

52
Q

Grounds for denial of legal separation:

A

(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 decree of legal separation; or
(6) Where the action is barred by prescription. (100a)

53
Q

Article 150.

Family relations include those:

A
  1. Between husband and wife
  2. Between parents and children
  3. Among other ascendants and descendants
  4. Among brothers and sisters, whether of full or half-blood.
54
Q

Cases which cannot be compromised under the civil code: (Civil Code Art 2035)

A 
1 civil status of persons
2 validity of marriage or of legal separation
3 any ground for legal separation
4 future support
5 jurisdiction of courts 
6 future legitime
55
Q

Family home beneficiary: (Art 154)

A
  1. Must be among enumerated in Art 154 (parents, ascendants, descendants, brothers and sisters -whether legit or illegitimate)
  2. They live in the family home
  3. They are dependent for legal support upon the head of the family
56
Q

Legitimacy of the child can be impugned on the following grounds (Art 166):

A
  1. Physical impossibility of sexual intercourse in the first 120 days of the 300 day immediately preceding the birth of the child because of:

A) physical incapacity of the husband to have sexual intercourse
B) husband and wife living separately and sexual intercourse was not possible
C) serious illness of the husband which absolutely prevented sexual intercourse

  1. Proved for biological/scientific reasons that the child could not have been that of the husband, except in the instance provided in Art 164 par. 2 (artificial insemination)
  2. In the case of children conceived through artificial insemination, that the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation or undue influence
57
Q

Parental authority cannot be waived except in cases of: (Art 211)

A

1 Adoption
2 Guardianship
3 Surrender to a children’s home or an orphan institution

58
Q

Termination of parental authority (art 228):

A

1 upon death of parents
2 upon death of child
3 upon emancipation of the child

59
Q

Temporary termination of parental authority (art 229):

A

1 upon adoption
2 upon appointment of general guardian
3 upon judicial declaration of abandonment
4 upo. Final judgment of a competent court divesting the party concerned of parental authority
5 upon judicial declaration of absence or incapacity of the person exercisijg parental authority

Persons and Family Relations (2 decks)

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