Finals Flashcards

Question

What is marriage?

Answer 1

A special contract of permanent union between a man and woman entered into in accordance with law for the establishment of conjugal and family life

Answer 2

August 3, 1988

Answer 3

December 18, 1989

Answer 4

The law in force at the time the marriage was celebrated

Answer 5

As a general rule, no. But it can be applied retroactively to make void marriages valid.

Answer 6

Void ab initio = after Family Code | Annullable = 1950 Civil Code

Answer 7

1) Freely given | 2) made in the presence of the solemnizing officer

Answer 8

January 1, 1992 - mayor of a CITY or MUNICIPALITY may now solemnize

Answer 9

1) issued by Local Civil Registrar 2) valid for 120 days from date of ISSUE 3) effective in any part of the Philippines

Answer 10

Date of signing of the marriage license by the LOCAL CIVIL REGISTRAR

Answer 11

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 WRITTEN AUTHORITY granted him by his church or religious sect and provided 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 cases mentioned in Art. 31 (articulo mortis) 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 cases mentioned in Article 32 (articulo mortis) 5) Any CONSUL-GENERAL, CONSUL or VICE-CONSUL in the case provided in Art 10 (abroad, bet 2 Filipino citizens) + MAYORS of CITY or MUNICIPALITY within their jurisdiction (or in his absence/temporarily incapacitated to perform his duties, VICE MAYOR or the HIGHEST RANKING SANGGUNIANG BAYAN MEMBER shall automatically exercise functions of local chief executive)

Answer 12

1) DULY AUTHORIZED by his church/religious sect 2) Act WITHIN THE LIMITS of WRITTEN AUTHORITY* granted to him by his church/religious sect 3) REGISTERED with the civil registrar general 4) AT LEAST ONE of the contracting parties belongs to the solemnizing officer *may impose limitation as to the place where he could solemnize a marriage

Answer 13

1) Must be ARTICULO MORTIS 2) Between PASSENGERS or CREW MEMBERS 3) ship must be AT SEA or plane must be IN FLIGHT* can also be during STOPOVERS AT PORTS OF CALL = meaning voyage is NOT YET TERMINATED, also includes transit passengers

Answer 14

1) must be a MILITARY COMMANDER of a UNIT (battalion and not mere company) 2) must be a COMMISSIONED OFFICER (rank should start from 2nd Lieutenant, ensign and above) 3) CHAPLAIN must be assigned to such unit 4) CHAPLAIN is ABSENT at time of marriage* 5) must be ARTICULO MORTIS 6) contracting parties, members of armed forces or civilians, must be WITHIN THE ZONE OF MILITARY OPERATION (widespread military activity over an area and not simulated exercise because it requires ABSENCE OF CIVILIAN AUTHORITIES) *if he is present, he must be the one who should solemnize BUT must have authority to do so

Answer 15

1) request to said official in writing | 2) celebrated in the place designated in a SWORN STATEMENT

Answer 16

1) between Filipinos 2) abroad *EXCEPTION: Filipino and Foreigner IF recognized as valid in host country (Art. 26)

Answer 17

1) articulo mortis 2) remote place 3) BOTH parties request in writing in a SWORN STATEMENT

Answer 18

1) father 2) mother 3) surviving parent or guardian 4) person having legal charge of them

Answer 19

1) ordered by competent court (court action may be brought by local civil registrar or by interested parties like parents, brothers/sisters, existing spouse, or those who may be prejudiced by the marriage) 2) foreigner who fails to present a certificate of legal capacity to marry

Answer 20

not fatal in a case where marriage is in dispute because parties can still rely on PRESUMPTION OF MARRIAGE

Answer 21

1) parol evidence 2) marriage contract or marriage certificate 3) baptismal, birth certificates, family bible where names of spouses are entered as married 4) Testimonies Passports, TCTs are NOT

Answer 22

to seek from the court judgment on their capacity to marry if they are not certain if they can proceed with the marriage

Answer 23

At the time of the divorce and NOT at time of marriage ceremony

Answer 24

There should be an opportunity to challenge the foreign judgment in order for the court in this jurisdiction to properly determine its efficacy (Bayot v. CA)

Answer 25

1) articulo mortis (27=31+32) 2) no means of transportation (28) 3) marriage among muslims or ethnic cultural communities (33) (only Muslims and CAR; other ethnic communites has to follow Family Code because they do not have separate laws) 4) cohabitation for 5 years without legal impediment (34)

Answer 26

1) living together as HUSBAND and WIFE for AT LEAST 5 years characterized by EXCLUSIVITY and CONTINUITY THAT IS UNBROKEN 2) WITHOUT LEGAL IMPEDIMENT to marry each other AT THE TIME OF ACTUAL MARRIAGE celebration (not the whole 5 years)

Answer 27

Any possible ground to make a marriage infirm

Answer 28

1) Absence of essential/formal requisites (Art. 4) 2) Void from the beginning (Art. 35) (a) Below 18 even with consent of parents/guardians (b) Solemnized by any person NOT legally AUTHORIZED, unless good faith of EITHER or BOTH contracting parties that officer had legal authority to do so (c) Solemnized WITHOUT LICENSE, except the exceptions (d) Bigamous or Polygamous NOT falling under 41 (e) Mistake in Identity (f) Subsequent marriages that are void under Art. 53 3) Psychological Incapacity (Art 36) 4) Incestuous marriages (Art 37) Whether legitimate or illegitimate a) Ascendants and descendants of any degree b) Brothers and sisters, whether full or half-blood 5) Against public policy (Art 38) a) Between collateral blood relatives, whether legitimate or illegitimate, up to 4th civil degree (BUT ONLY FULL BLOOD) b) Step-parents and step-children c) parents-in-law and children-in-law d) adopting parent and adopted child e) Surviving spouse of adopting parent and adopted child f) Surviving spouse of adopted child and adopter g) Adopted child and legitimate child of adopter h) Adopted children of the same adopter i) Parties where one, with the intention to marry the other, killed that other person's spouse or his spouse 6) Remarriage without judicial declaration of nullity (Art 40) 7) Subsequent bigamous marriage (Art 41) 8) Both in bad faith in SUBSEQUENT marriage (Art 44) 9) Failure to comply with Art. 52 (Art. 53)

Answer 29

VOID - can never be ratified - can be attacked collaterally - can be assailed even after death/action DOES not prescribe - only husband and wife can assail VOIDABLE - can be ratified - cannot be attacked collaterally - can be assailed only during lifetime of parties - parties + their parents/guardians

Answer 30

Immaterial in determining whether or not a marriage is null and void EXCEPTIONS: (1) Art 35(2): good faith on EITHER or BOTH of contracting parties in authority of solemnizing officer (2) Art 41: (a) well-founded belief that spouse is dead, (b) got judicial declaration of presumptive death, and (c) contracted subsequent marriage in good faith, otherwise void for Art 44 *To be void, BOTH must be in bad faith.

Answer 31

Filing a case precisely putting forth as principal issue the nullity of the marriage

Answer 32

1) For remarriage (Art. 40) 2) Essential to the determination of the case 3) Revocation of donation propter nuptias by the donor

Answer 33

A matrimonial union which has been solemnized in due form and good faith on the part of one or both of the parties but which by reason of some legal infirmity is either void or voidable Essential basis of putative marriage is the belief that it is valid

Answer 34

mere difficulty/refusal/neglect of assuming essential marital obligations DOES NOT constitute incapacity. It should be DOWNRIGHT INCAPACITY

Answer 35

1) gravity 2) juridical antecedence 3) incurability (in regard to other spouse, not necessarily everyone) +medically identified

Answer 36

Whether legitimate or illegitimate 1) Ascendants and descendants of any degree 2) Brothers and sisters, whether full or half-blood

Answer 37

1) Between collateral blood relatives, whether legitimate or illegitimate, up to 4th civil degree (BUT ONLY FULL BLOOD) 2) Step-parents and step-children 3) parents-in-law and children-in-law 4) adopting parent and adopted child 5) Surviving spouse of adopting parent and adopted child 6) Surviving spouse of adopted child and adopter 7) Adopted child and legitimate child of adopter 8) Adopted children of the same adopter 9) Parties where one, with the intention to marry the other, killed that other person's spouse or his spouse

Answer 38

1) if psychological incapacity, does not prescribe EVEN if marriage was celebrated before Family Code took effect 2) all void marriages under Family Code do NOT prescribe

Answer 39

depends. .. if before March 15, 2003 - anyone can file petition and it is imprescriptible; even after death if after March 15, 2003 -only the husband and wife can file the case, and case will be closed or terminated if during its pendency either husband or wife should die!!!

Answer 40

Sept. 28, 1954 to Feb. 28, 1957 -- NO June 30, 1970 to Jan. 30, 1971 -- YES June 02, 1977 to May 30, 1983 -- NO August 19, 1986 -- YES October 28, 1986 -- NO August 03, 1988 -- YES

Answer 41

1) Offender has been legally married 2) Marriage has not been legally dissolved 3) Offender contracts a second or subsequent marriage 4) Second or subsequent marriage has all the essential requisites for validity

Answer 42

General Rule: Not required as such presumption arises from law Exception: Art 41

Answer 43

1) no parental consent 2) unsound mind 3) fraud (a) non-disclosure of previous conviction by final judgment involving moral turpitude (b) concealment that she was pregnant by other man (c) concealment of STD (d) concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism 4) vitiated consent (force, intimidation, undue influence) 5) physically incapable to consummate (continuous and incurable) 6) STD (serious and incurable)

Answer 44

Everything contrary to justice, honesty, or good morals

Answer 45

Persistent habit of becoming intoxicated, whereby he has lost power to control his appetite for intoxicating liquor or he cannot resist opportunity or temptation

Answer 46

One of the parties is compelled by a well-grounded fear of an imminent and grave evil upon his person or property or that of his spouse, ascendant, descendants to give his consent Need to determine age, sex, condition of person *must be from an UNLAWFUL ACT. if he committed a crime and they threaten him that they will report, it is not intimidation

Answer 47

Permanent inability on the part of one of the spouses to perform the complete act of sexual intercourse

Answer 48

If wife remains virgin for at least 3 years from the time they started cohabitating, husband must show that he is not impotent during the said period

Answer 49

Where for purposes of getting annulment or nullity decree, the parties come up with an agreement to make it appear that the marriage is defective due to the existence of any ground and agreeing to represent false or non-existent cause of action

Answer 50

That part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs who are called the compulsory heirs

Answer 51

1) Repeated physical violence or grossly abusive conduct 2) Physical violence or moral pressure to change... 3) Attempt to corrupt or induce, to engage in prostitution or connivance in such inducement or corruption 4) Final judgment of imprisonment of more than 6 years, even if pardoned 5) Drug addiction or habitual alcoholism 6) Lesbianism or homosexualiy 7) Bigamy, abroad or in PH 8) Sexual infidelity or perversion 9) Attempt on life of petitioner 10) Abandonment without just cause for more than 1 year

Answer 52

No exact definition! Case to case basis

Answer 53

1) condonation 2) consent 3) connivance 4) collusion 5) both has given grounds 6) action is barred by prescription

Answer 54

An act of forgiving the offense after its commission

Answer 55

Either of the spouses AGREED or DID NOT OBJECT despite FULL KNOWLEDGE to the act giving the ground BEFORE such act was in fact committed

Answer 56

``` Collusion = Corrupt AGREEMENT Connivance = Corrupt CONSENTING ```

Answer 57

1) entitled to live separately 2) forfeiture according to 43 (2) 3) custody of minor children to innocent spouse 4) disqualification from testate and intestate

Answer 58

1) there is a valid marriage settlement 2) marriage settlement states that property regime other than ACP 3) donation must not be more than 1/5 of present proerty 4) donation is accepted by would-be spouse 5) comply with Civil Code requisites on donations

Answer 59

1) husband and wife 2) parents and child 3) among other ascendants and descendants 4) among brothers and sisters, whether full or half-blood

Answer 60

1) included in the suit between family members is a stranger not of the same family 2) cases where compromise is not allowed (a) civil status (b) validity of marriage or of legal separation (c) any ground for legal separation (d) future support (e) jurisdiction of courts (f) future legitime 3) special proceedings (i.e. inheritance)

Answer 61

1) husband and wife (with exceptions) 2) parents and child, during minority/insanity 3) guardian and ward

Answer 62

1) husband and wife, or an unmarried person who is head of the family 2) parents, ascendants, descendants, brothers and sisters (legitimate or illegitimate), who are LIVING IN THE FAMILY HOME and who DEPEND upon the HEAD of the family for legal support *may include in-laws, but excludes maids

Answer 63

1) must be among the enumeration 2) live in the Family Home 3) dependent for legal support upon head

Answer 64

1) person constituting the same 2) latter's spouse 3) MAJORITY of the beneficiaries of legal age

Answer 65

1) natural children 2) natural children by legal fiction 3) acknowledged or recognized natural children 4) illegitimate children other than natural (spurious) 5) adulterous children

Answer 66

1) homologous - semen of husband (AIH) 2) heterologous - semen of 3rd party donor (AID) (a) consensual (b) nonconsensual

Answer 67

1) Physically impossible to have sex within first 120 days of 300 days which immediately preceded birth of child because: (a) physical INCAPACITY to have sex (b) living separately where sex was NOT POSSIBLE (c) serious illness of husband, which absolutely prevented sex 2) Proved for biological or other scientific reasons 3) Consent on artificial insemination of either parent was by mistake, fraud, violence, intimidation or undue influence

Answer 68

ABO: Accurate only in EXCLUDING PATERNITY HLA: antigen of mother, father and child are compared DNA: hereditary characteristics 99.9% = refutable presumption <99.9% = merely corroborative

Answer 69

1 year from knowledge of birth or recording (if same city) 2 years (if do not reside at place of birth) 3 years (if abroad) If concealed, counted from discovery or knowledge OR registration, WHICHEVER IS EARLIER

Answer 70

1) husband should die before expiration of period fixed for bring action 2) husband died after filing, without having desisted 3) child is born after husband's death

Answer 71

One who stands to be benefited or injured by the judgement in the suit

Answer 72

1) record of birth appearing in civil registrar OR final judgment 2) admission of legitimate filiation in a public document or a PRIVATE HANDWRITTEN instrument and SIGNED by the parent concerned in its absence... 1) open and continuous possession of status of legitimate child 2) any other means allowed by Rules of Court and Special laws

Answer 73

1) child died during minority 2) while insane 3) died after had already been instituted

Answer 74

1) Declarant is dead or unable to testify 2) Pedigree must be in issue 3) Declarant must be a relative of the person whose pedigree is in issue 4) Declaration must be made before the controversy 5) Relationship between declarant and person whose pedigree is in issue must be shown by evidence other than such declaration

Answer 75

1) Parents do not suffer any legal impediment or are disqualified to marry because either or both of them are 18 years of age at the time of conception of child 2) child has been conceived AND born outside a valid marriage 3) parents subsequently enter into a valid marriage

Answer 76

1) spouses 2) legitimate ascendants and descendants 3) parents and their legitimate children and the legitimate children and illegitimate children of the latter 4) parents and their illegitimate children and the legitimate and illegitimate children of the latter 5) LEGITIMATE brothers and sisters, whether full or half-blood + brothers and sisters not legitimately related, except when support, being of age, is needed due to fault or negligence

Answer 77

1) spouses 2) descendants in NEAREST degree 3) ascendants in NEAREST degree 4) brothers and sisters

Answer 78

juridical relation which arises from certain lawful, voluntary and unilateral acts to the end that no one shall be unjustly enriched or benefited at the expense of the other

Answer 79

1) support has been furnished (upon) a dependent of one bound to give support but fails to do so 2) support was supplied by stranger 3) support was given without knowledge of the person charged with the duty 1) there is an urgent need to be supported on part of recipient 2) person obliged to give support UNJUSTLY refuses or FAILS to give support 3) 3rd person furnishes the support to the needy individual

Answer 80

1) adoption 2) guardianship 3) surrender to a children's home or an orphan institution

Answer 81

Natural parents of GOOD CHARACTER and can REASONABLY PROVIDE for the child are ordinarily entitled to the custody against all persons Right to custody springs from exercise of parental authority

Answer 82

1) surviving grandparent 2) oldest brother or sister, over 21 unless unfit or disqualified 3) child's actual custodian, over 21 unless unfit or disqualified

Answer 83

A person is not only liable for torts committed by him but also committed by others for whom he is responsible

Answer 84

child is: 1) under substitute parental authority 2) guardian is a stranger 3) parent has remarried where ordinary rules on guardianship shall apply

Answer 85

1) death of parents 2) death of child 3) emancipation of child 4) parent subjected the child or allowed to be subject to sexual abuse

Answer 86

1) adoption of child 2) appointment of general guardian 3) judicial declaration of abandonment in a case filed for the purpose 4) final judgment divesting party concerned of parental authority 5) judicial declaration of incapacity or absence of person exercising parental authority 6) conviction of parent for crime carrying civil interdiction (automatic revival) 7) treats child with excessive harshness or cruelty 8) gives child corrupting orders, counsel or example 9) compels child to beg 10) subjects child or allows him to be subjected to acts of lasciviousness *revival by final judgment is allowed

Answer 87

December 19, 1989

Answer 88

A right which cannot be revoked or rescinded

Answer 89

1) birth 2) marriage 3) death 4) legal sep 5) annulment 6) void ab initio 7) legitimation 8) filiation 9) adoption 10) acknowledgment of natural child 11) loss 12) naturalization 13) recovery 14) civil interdiction 15) emancipation of minor 16) changes of name

Answer 90

Proof, if it remains unrebutted or uncontradicted, is sufficient to maintain the fact such evidence seeks to substantiate creates a presumption of fact