Family Code of the Philippines 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
2
Q
38 What marraiges are void for publci policy
A
3
Q
- What constitutes fraud as annulment ground..
A
NO OTHER MISREPRESENTATION OR DECEIT…
4
Q
1sts:
termination of subsequent marriage (41)/annullED marriage/nulliFIED marriage (36) (53)
A
5
Q
essential requisites of marriage–absence or defect (vice)
A
6
Q
formal requisites of marriage–absence / irregularity
A
7
Q
What is marriage?
A
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
9
Q
who are the EXCLUSIVELY authorized solemnizing officers?
A
- Why exclusive? Only they are authorized by the state and only under these conditions
- INCUMBENT member of the judiciary, WITHIN TERRITORY (SC/CA/CTA/SB, nationwide scope)
- articulo mortis: ship captain/airplane chief and military commander
- ship captain, kapag bet. passenger or crewmember, while at sea or in flight, or in stopovers at ports of call.
- consul-general, consul, vice consul (of BOTH FILIPINOS yung parties)
- acting within written authority of his congregation, civil registrar general, at least one is member
- mayor (even acting mayor) within his jurisdiction
10
Q
when license is NOT required… WHY?
A
- 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)
- 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.
- 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.
- 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)
- Art. 36 Mixed Marriages abroad. Filipino and Foreigner.
11
Q
Who are the commissioned officers of the AFP?
GLMB CLML
A
12
Q
Military units of the AFP
A
13
Q
- when is parental consent required?
- Who has right to give parental consent?
- if walang parental consent, what’s theeffect?
- If voidable due to non-parental consent, who can file?
A
effect:
- 1) if either party is 18 above, below 21
- father, mother, surviving parent/guardian, person having charge
- publication (10 consecutive days by positing, but after 10o days of publication, 3 months delay bago issue); kung matuloy yung marriage, voidable
- 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
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.
15
Q
1sts: pag essential or formal requisites: check..
A
Capacity to act, REQUISITES, age, sex, relation, prior (prior as in prior marriage)
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
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
18
Q
Process for securing Marriage License
A
19
Q
Art. 26 on Mixed Marriages
Comity Provision. Why.
A
20
Q
see “Reviewer in Persons”
A
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.
22
Q
A
23
Q
When can local civil registrar have the right to NOT ISSUE?
A
24
Q
A
25
1sts:
Requisites of the marriage
Was the marriage:
in Philippines?
or
Abroad?
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.
26
27
Venue for marriage ceremony. Exception.
28
Marriage contract who keeps and gives and to whom given (Art. 23).
29
Art. 24. Duties of the Local Civil Registrar.
30
pasadahan mo yung codal mula Art. 1 hanggang Art. 38.
31
Art. 91. Community Property
unless... celebration... thereafter
32
33
Art. 92. Exclusive property of either spouse (from ACP)
34
35
1sts:
property is acquired/property acquired
* lex rei sitae
* conjugal or exclusive
36
1sts
## Footnote
VOID AB INITIO SEES SPECIFIC EXCLUSIVE STRICTLY CONSTRUED; the rest presume in favor of preservation of marriage
37
Ano ang difference sa charges on ACP (Art. 94) sa charges on CPG (Art. 121)?
38
1st
illegitimate child... support--chargeable ba sa conjugal property or sa exclusive property
39
Memorize talaga:
charges peculiar to ACP not CPG
40
1sts
If solemnizer has NO authority:
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.
41
August 3 1988 family code
42
Estopel cannot validate a void marriage in 30 minutes
43
Authority of solemniser is exclusive in strictly in one hour
44
Exemption from marriage license is strictly construed
45
military commander
46
Policy of the stage as to indigenous communities
47
Death of adapter for adopted surviving spouse
48
Recording is to bind in third persons
49
Article 26 still check capacity
50
Exceptions to Art. 26 (minor. bigamous/polygamous)
51
Attacking a void marriage
52
Delivery of presumptive Legitime
Art. 40
Annuled marriage
53
Effect of remarriage under article 40
54
Article 40 effect on property is article 43
55
Civil Interdiction guardianship of ward’s person or property
56
Limits to capacity to act does not exempt from obligations in 30 minutes
57
Article 40 effect on property is article 43
58
59
Define calendar month
60
Minor follows the domicile of his parents
61
Exercise of a legitimate profession is considered beneficial to the family page 384
62
Debts redounding to the benefit of the family is chargeable to conjugal property page 385
63
Article 73
64
Recording in which PROPER CIVIL registries
65
Mixed marriages incestuous and public policy
66
Mixed marriages should not be by Philippine consuls or diplomats
67
Mixed marriages still check capacity and Intrinsyc validity requisites age sex relations in Bryan marriage
68
Article 40 in relation to article 52 and 53
69
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
70
Effects and remedies of separation in fact and abandonment
71
Requisites of a valid donation
72
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
73
Requisites of a valid prenuptial donation
74
donation of movables
75
donation of immovables
76
Requisites of a valid prenuptial donation
77
Acceptance of donation
78
Donors capacity and Donee’s capacity
79
In gratitude
80
Inofficious donations
81
Donation in consideration of marriage can be contained in the prenuptial agreement
82
Art. 87. Donation between spouses/BETWEEN PARTNERS direct or indirect is
83
Indirect donation during the marriage
84
Prescription for recovery of movables is eight years from accrual
85
Prescription for recovery of immovables is 30 years
86
Article 86 option donors option to revoke
87
Grounds for legal separation
88
Article 85 donations with encumbrances in 30 minutes
89
Article 82 Prenuptial donations, define.
90
Article 81 no marriage with prenup without prenup every day
91
Article 92 exclusive property from ACP in 30 minutes
92
Exclusive property
93
When is a natural person BORN
94
Article 80 Philippine law applies except when prenuptial agreement says otherwise every day
95
Article 74 what governs property relations
96
Article 73 exercise of a profession
97
Article 68 purely personal and moral obligations between husband and wife
98
Article 68 purely personal moral voluntary obligation
99
Marital rape forgiveness Valid extinguished
100
Obligations between husband and wife every day
101
Support charges on community property
102
Art. 41 subsequent marriage based on presumptive death
103
Art. 42. Reappearance
104
Art. 43. Effects of termination by recording of reappearance on remarriage based on presumptive death
105
Art. 44. Both in bad faith
106
Art. 45. Grounds for annulment
107
Art. 46. Fraud
108
Art. 47. Prescription and plaintiffs for annulment
109
Art. 48. Prosecuting attorney or fiscal
110
Art. 49. Support and custody pendente lite
111
Art. 50. Effects of Art. 43 (2-5) and Art. 44 shall apply to Art. 40 vo8d remarriage and Art. 45 annulled marriage
112
Art. 51. Delivery of presumptive legitimes
113
Art. 52. Recording
114
Art. 53. Remarriage without recording
115
Art. 54. Status of children in annulled marriage and Art. 36 voided marriage
116
Art. 55. Legal separation grounds
117
Art. 56. Denial grounds for legal sep
118
Art. 57. Rx for legal separation
119
Art. 58 and Art. 59 Cooling off period, steps for reconciliation
120
Art. 60. No collusion no decree based on stipulation of facts or confession of judgment
121
Art. 61. After filing and administratorshio of conjugal property
122
Art. 62. Art 49 applies
123
Art. 63. Art. 64. Effects of legal sep decree
124
Art. 65 Art. 66 reconciliation and effects
125
Article 91 what constitutes community property
126
Article 96 charges dates during the marriage
127
Article 96 charges on support
128
Define abandonment
129
No intention of returning for purposes of abandonment
130
No intention of returning for purposes of abandonment
131
BDPSL—debts/charges on CPG
132
Art. 122. Personal debts of either spouse
133
Death terminates ACP/CPG... liquidate.. or else COMPLETE SEPARATION OF PROPERTY
134
Art. 52. Recording
135
Grounds... Termination of Parental Authority Art. 229, 231, 232
136
Art. 101. Art. 128 No intent to return... prima facie presumption when...
137
Art. 101 what is abandonment
138
139
Requisites for absence delaration NCC
140
Art. 383 NCC. Who may seek declaration of Absence
141
Art. 67. Revival of separated property regime... applies to legal separation and judicial separation of property
142
Manner of attack for void marriages
143
Art. 50. In Art 40 and Art 45 LPDCSD decree shall provide unless settled in previous JUDICIAL proceedings
144
What governance property relations
145
Identity of names
146
Prescription for no consent party
147
When article 44 applies
148
Which children are legitimate despite no valid marriage
149
Nine recording of decree legitimate
150
Conversion is an impairment of collateral
151
Order of the bible is the conversion of collateral
152
Problems in and solutions in marriage
153
Study support and visitation rights
154
155
Prescription does not run between husband and wife in E wrestler Tory condition
156
Ingratitude revocation one year
157
donation by reason of marriage to donee becomes his exclusive or conjugal property
158
Civil interdiction JAGS in 30 minutes
159
Problems in and solutions in marriage
160
161
Conversion is an impairment of collateral
162
Civil interdiction JAGS in 30 minutes
163
Modification RAJV
164
Mere preservation during the marriage of separate property
165
Article 147
166
Article 148
167
Compare debts of ACP/CPG
168
Declaration of pedigree
169
Filiation proof by rules of court
170
Who may adopt (RA 8552)
171
Who may adopt (inter-country)
172
Who may be adopted (RA 8552)
173
Whose consent in adoption is required (mandated)
