Family Code of the Philippines Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Una sa family code.

Status of Marriage.

1st:

CHECK FACTS.

IS THERE DOUBT?

PRESUME IN FAVOR OF MARRIAGE.

IF THERE’S NO DOUBT. FOLLOW THE FACTS.

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

38 What marraiges are void for publci policy

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q
  1. What constitutes fraud as annulment ground..
A

NO OTHER MISREPRESENTATION OR DECEIT…

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

1sts:

termination of subsequent marriage (41)/annullED marriage/nulliFIED marriage (36) (53)

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

essential requisites of marriage–absence or defect (vice)

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

formal requisites of marriage–absence / irregularity

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is marriage?

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

legal capacity to marry

A
  • 18 years old and above,
  • must marry the opposite sex (oppositve sex determined by antamony/genitalia as of birth)
  • and the marriage is not incestuous or against public policy
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

who are the EXCLUSIVELY authorized solemnizing officers?

A
  • Why exclusive? Only they are authorized by the state and only under these conditions
  1. INCUMBENT member of the judiciary, WITHIN TERRITORY (SC/CA/CTA/SB, nationwide scope)
  2. articulo mortis: ship captain/airplane chief and military commander
  3. ship captain, kapag bet. passenger or crewmember, while at sea or in flight, or in stopovers at ports of call.
  4. consul-general, consul, vice consul (of BOTH FILIPINOS yung parties)
  5. acting within written authority of his congregation, civil registrar general, at least one is member
  6. mayor (even acting mayor) within his jurisdiction
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

when license is NOT required… WHY?

A
  1. in articulo mortis (with any of the authorized solemnizers but strictly WITH AUTHORITY)–eithre or both–even if ailing subsequently survives–purpose: urgency to declare then ONE (for the status of their properties, and the legitimacy of their children)
  2. shipcaptain/airplane chief, in articulo mortis between passengers or crewmembers, while the ship is at sea or the plain is in flight, or stoppovers at ports of call. Urgency.
  3. military commander–commissioned officer–of at least a battalion, in articulo mortis between civilians or soldiers, within the zone of military operations (danger of death is not in the point of death). Reason: Urgency.
  4. consul-general, consul, or vice consul (where the prospecitve spouses are BOTH FILIPINOS)

REASON: TO LEGITIMIZE UNIONS, FOR THEIR PROPERTIES’ UNIONS, AND THE LEGITIMACY OF THEIR CHILDREN (that they may have rights)

  1. Art. 36 Mixed Marriages abroad. Filipino and Foreigner.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Who are the commissioned officers of the AFP?

GLMB CLML

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Military units of the AFP

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q
  1. when is parental consent required?
  2. Who has right to give parental consent?
  3. if walang parental consent, what’s theeffect?
  4. If voidable due to non-parental consent, who can file?
A

effect:

  1. 1) if either party is 18 above, below 21
  2. father, mother, surviving parent/guardian, person having charge
  3. publication (10 consecutive days by positing, but after 10o days of publication, 3 months delay bago issue); kung matuloy yung marriage, voidable
  4. who can file: the no-consent party, 5 years after turning 21, or the parent/person having legal charge, anytime before the party turns 21
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

1sts:

If there’s no presumption of marriage/no cohabitation/or there are facts na baka nga talagang void yung marriage… ano titignan mo?

A

if marriage is:

in the RP, go to essential or formal requisites;

abroad, go to Art. 26.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

1sts: pag essential or formal requisites: check..

A

Capacity to act, REQUISITES, age, sex, relation, prior (prior as in prior marriage)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

1sts:

Void ba? SEES

The list is “Specific, Express, Exclusive.”–STRICTLY CONSTRUED. EXCLUSIVE.

The State encourages legitimate unions for spousal rights, property rights–especially legitimacy rights–to arise.

EFFECTS OF VOID MARRIAGES: Child, Property Regime, Forfeiture of Share, Delivery of Presumptive Legitime

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the void marriages:

Art. 26. If invalid in another country, it’s invalid to us.

Art. 35

Art. 36

Art. 37

Art. 38

Art. 40–yung invalid na subsequent one without obtaining the decree

41–yung invalid na subsequent bigamous (not the valid one terminated by presumptive death)

Art. 52-53

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Process for securing Marriage License

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Art. 26 on Mixed Marriages

Comity Provision. Why.

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

see “Reviewer in Persons”

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

18 years old to 25 years old–required ang certificate of marriage counselling.

Noncompliance…

A

When 10-day publication by posting completes, 3 month delay for issuance of marriage license.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

When can local civil registrar have the right to NOT ISSUE?

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

1sts:

Requisites of the marriage

Was the marriage:

in Philippines?

or

Abroad?

A

If in RP:

if Filipino, follow essential and formal requisites.

if Foreigner/Stateless Person/Refugee, follow Art. 21, FC. Ceritficate of Legal Capacity bago ka mabigyan ng marriage license dito.

If abroad, Art. 26.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Venue for marriage ceremony. Exception.

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Marriage contract who keeps and gives and to whom given (Art. 23).

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Art. 24. Duties of the Local Civil Registrar.

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

pasadahan mo yung codal mula Art. 1 hanggang Art. 38.

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Art. 91. Community Property

A

unless… celebration… thereafter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Art. 92. Exclusive property of either spouse (from ACP)

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

1sts:

property is acquired/property acquired

A
  • lex rei sitae
  • conjugal or exclusive
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

1sts

VOID AB INITIO SEES SPECIFIC EXCLUSIVE STRICTLY CONSTRUED; the rest presume in favor of preservation of marriage

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Ano ang difference sa charges on ACP (Art. 94) sa charges on CPG (Art. 121)?

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

1st

illegitimate child… support–chargeable ba sa conjugal property or sa exclusive property

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Memorize talaga:

charges peculiar to ACP not CPG

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

1sts

If solemnizer has NO authority:

A

CHECK FACTS:

if they show bad faith of the parties… VOID ang marriage

if the facts don’t show bad faith: PRESUME that marriage is valid.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

August 3 1988 family code

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Estopel cannot validate a void marriage in 30 minutes

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Authority of solemniser is exclusive in strictly in one hour

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Exemption from marriage license is strictly construed

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

military commander

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Policy of the stage as to indigenous communities

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Death of adapter for adopted surviving spouse

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Recording is to bind in third persons

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Article 26 still check capacity

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Exceptions to Art. 26 (minor. bigamous/polygamous)

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

Attacking a void marriage

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Delivery of presumptive Legitime

A

Art. 40

Annuled marriage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

Effect of remarriage under article 40

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Article 40 effect on property is article 43

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

Civil Interdiction guardianship of ward’s person or property

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

Limits to capacity to act does not exempt from obligations in 30 minutes

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

Article 40 effect on property is article 43

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

Define calendar month

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

Minor follows the domicile of his parents

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

Exercise of a legitimate profession is considered beneficial to the family page 384

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

Debts redounding to the benefit of the family is chargeable to conjugal property page 385

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

Article 73

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

Recording in which PROPER CIVIL registries

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

Mixed marriages incestuous and public policy

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

Mixed marriages should not be by Philippine consuls or diplomats

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

Mixed marriages still check capacity and Intrinsyc validity requisites age sex relations in Bryan marriage

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
68
Q

Article 40 in relation to article 52 and 53

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
69
Q

Prescription does not run between husband and wife even though there be a separation of property agreed upon in the marriage settlement article 1109 in 30 minutes every day

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
70
Q

Effects and remedies of separation in fact and abandonment

A
71
Q

Requisites of a valid donation

A
72
Q

Prescription does not run between husband and wife even though there be a separation of property agreed upon in the marriage settlement article 1109 in 30 minutes every day

A
73
Q

Requisites of a valid prenuptial donation

A
74
Q

donation of movables

A
75
Q

donation of immovables

A
76
Q

Requisites of a valid prenuptial donation

A
77
Q

Acceptance of donation

A
78
Q

Donors capacity and Donee’s capacity

A
79
Q

In gratitude

A
80
Q

Inofficious donations

A
81
Q

Donation in consideration of marriage can be contained in the prenuptial agreement

A
82
Q

Art. 87. Donation between spouses/BETWEEN PARTNERS direct or indirect is

A
83
Q

Indirect donation during the marriage

A
84
Q

Prescription for recovery of movables is eight years from accrual

A
85
Q

Prescription for recovery of immovables is 30 years

A
86
Q

Article 86 option donors option to revoke

A
87
Q

Grounds for legal separation

A
88
Q

Article 85 donations with encumbrances in 30 minutes

A
89
Q

Article 82 Prenuptial donations, define.

A
90
Q

Article 81 no marriage with prenup without prenup every day

A
91
Q

Article 92 exclusive property from ACP in 30 minutes

A
92
Q

Exclusive property

A
93
Q

When is a natural person BORN

A
94
Q

Article 80 Philippine law applies except when prenuptial agreement says otherwise every day

A
95
Q

Article 74 what governs property relations

A
96
Q

Article 73 exercise of a profession

A
97
Q

Article 68 purely personal and moral obligations between husband and wife

A
98
Q

Article 68 purely personal moral voluntary obligation

A
99
Q

Marital rape forgiveness Valid extinguished

A
100
Q

Obligations between husband and wife every day

A
101
Q

Support charges on community property

A
102
Q

Art. 41 subsequent marriage based on presumptive death

A
103
Q

Art. 42. Reappearance

A
104
Q

Art. 43. Effects of termination by recording of reappearance on remarriage based on presumptive death

A
105
Q

Art. 44. Both in bad faith

A
106
Q

Art. 45. Grounds for annulment

A
107
Q

Art. 46. Fraud

A
108
Q

Art. 47. Prescription and plaintiffs for annulment

A
109
Q

Art. 48. Prosecuting attorney or fiscal

A
110
Q

Art. 49. Support and custody pendente lite

A
111
Q

Art. 50. Effects of Art. 43 (2-5) and Art. 44 shall apply to Art. 40 vo8d remarriage and Art. 45 annulled marriage

A
112
Q

Art. 51. Delivery of presumptive legitimes

A
113
Q

Art. 52. Recording

A
114
Q

Art. 53. Remarriage without recording

A
115
Q

Art. 54. Status of children in annulled marriage and Art. 36 voided marriage

A
116
Q

Art. 55. Legal separation grounds

A
117
Q

Art. 56. Denial grounds for legal sep

A
118
Q

Art. 57. Rx for legal separation

A
119
Q

Art. 58 and Art. 59 Cooling off period, steps for reconciliation

A
120
Q

Art. 60. No collusion no decree based on stipulation of facts or confession of judgment

A
121
Q

Art. 61. After filing and administratorshio of conjugal property

A
122
Q

Art. 62. Art 49 applies

A
123
Q

Art. 63. Art. 64. Effects of legal sep decree

A
124
Q

Art. 65 Art. 66 reconciliation and effects

A
125
Q

Article 91 what constitutes community property

A
126
Q

Article 96 charges dates during the marriage

A
127
Q

Article 96 charges on support

A
128
Q

Define abandonment

A
129
Q

No intention of returning for purposes of abandonment

A
130
Q

No intention of returning for purposes of abandonment

A
131
Q

BDPSL—debts/charges on CPG

A
132
Q

Art. 122. Personal debts of either spouse

A
133
Q

Death terminates ACP/CPG… liquidate.. or else COMPLETE SEPARATION OF PROPERTY

A
134
Q

Art. 52. Recording

A
135
Q

Grounds… Termination of Parental Authority Art. 229, 231, 232

A
136
Q

Art. 101. Art. 128 No intent to return… prima facie presumption when…

A
137
Q

Art. 101 what is abandonment

A
138
Q
A
139
Q

Requisites for absence delaration NCC

A
140
Q

Art. 383 NCC. Who may seek declaration of Absence

A
141
Q

Art. 67. Revival of separated property regime… applies to legal separation and judicial separation of property

A
142
Q

Manner of attack for void marriages

A
143
Q

Art. 50. In Art 40 and Art 45 LPDCSD decree shall provide unless settled in previous JUDICIAL proceedings

A
144
Q

What governance property relations

A
145
Q

Identity of names

A
146
Q

Prescription for no consent party

A
147
Q

When article 44 applies

A
148
Q

Which children are legitimate despite no valid marriage

A
149
Q

Nine recording of decree legitimate

A
150
Q

Conversion is an impairment of collateral

A
151
Q

Order of the bible is the conversion of collateral

A
152
Q

Problems in and solutions in marriage

A
153
Q

Study support and visitation rights

A
154
Q
A
155
Q

Prescription does not run between husband and wife in E wrestler Tory condition

A
156
Q

Ingratitude revocation one year

A
157
Q

donation by reason of marriage to donee becomes his exclusive or conjugal property

A
158
Q

Civil interdiction JAGS in 30 minutes

A
159
Q

Problems in and solutions in marriage

A
160
Q
A
161
Q

Conversion is an impairment of collateral

A
162
Q

Civil interdiction JAGS in 30 minutes

A
163
Q

Modification RAJV

A
164
Q

Mere preservation during the marriage of separate property

A
165
Q

Article 147

A
166
Q

Article 148

A
167
Q

Compare debts of ACP/CPG

A
168
Q

Declaration of pedigree

A
169
Q

Filiation proof by rules of court

A
170
Q

Who may adopt (RA 8552)

A
171
Q

Who may adopt (inter-country)

A
172
Q

Who may be adopted (RA 8552)

A
173
Q

Whose consent in adoption is required (mandated)

A