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Persons > Finals > Flashcards

Finals Flashcards

1
Q

When did the 1950 Civil Code take effect?

A

August 30, 1950

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2
Q

4 instances where laws can be given retroactive effect

A

1) Law expressly provides
2) Law is Curative or Remedial
3) Law is Procedural
4) Law is Penal in character and Favorable to the accused (as long as not a habitual delinquent)

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3
Q

When are rights NOT waivable?

A

If it is contrary to:

1) law
2) public policy
3) morals or good customs
4) prejudicial to a 3rd person with a right recognized by law

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4
Q

What is custom?

A

A rule of conduct formed by repetition of acts, uniformly observed (practiced) as a social rule, legally binding and obligatory.

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5
Q

National law of the decedent, in intestate or testamentary succession shall govern:

A

1) order of succession
2) amount of successional rights
3) intrinsic validity of the provisions of the will
4) capacity to succeed

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6
Q

What governs instrinsic validity? Extrinsic validity (forms and solemnities)?

A

Intrinsic: National law of decedent
Extrinsic: Law of country where it is executed

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7
Q

Elements of contra bonus mores

A

1) There is an act which is legal
2) But which is contrary to morals, good customs or public policy
3) and it is done with intent to injure

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8
Q

Instances where one can claim for damages even if such acts are not criminal offenses:

A

1) Prying into the privacy of another’s residence
2) Meddling or disturbing the private life or family relations of another
3) Intriguing to cause another to be alienated from his friends
4) Vexing or humiliating another on account of his:
(a) religious beliefs
(b) lowly station in life
(c) place of birth
(d) physical defect
(e) other personal condition

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9
Q

2 elements of prejudicial question

A

1) Civil action involves an issue RELATED to the issue raised in criminal action
2) Resolution of such issue DETERMINES whether or not criminal action may proceed

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10
Q

Juridical capacity
v.
Capacity to act

A

Juridical capacity = inherent in every natural person and can only be lost through death

Capacity to act = acquired and may be lost not only through death but by any valid cause provided by law

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11
Q

Who may get birth records?

A

1) person himself or person authorized by him
2) spouse, parents, direct descendants, or guardian if he is a minor
3) court or proper public official when absolutely necessary to determine identity of child’s parents
4) nearest kin in case of person’s death

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12
Q

Rights and obligations of a dead person are regulated by:

A

1) contract
2) will
3) law

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13
Q

What are Juridical persons?

A

A being of legal existence susceptible of rights and obligations, or being the subject of juridical relations

Not a natural person, but an entity bestowed with certain attributes of a natural person

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14
Q

What can be considered as juridical persons?

A

1) state and its political subdivisions
2) public corporations constituted by law
3) private corporations

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15
Q

When did the law governing public corporations take effect?

A

May 1, 1980, Corporation Code of the Philippines

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16
Q

Who are PH citizens?

A

1) PH citizens at the time of the adoption of this Constitution
2) Fathers and mothers are PH citizens
3) born before January 17, 1973 of Filipino mothers who elect PH citizenship upon reaching age of majority
4) naturalized in accordance with law

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17
Q

What is domicile?

A

Place of habitual residence; fixed permanent residence to which one has intention of returning

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18
Q

When may domicile be deemed lost?

A

1) Actual removal or actual change of domicile
2) bona fide intention of abandoning the former place or residence establishing a new one
3) acts which correspond with the purpose

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19
Q

Who are Natural-born citizens?

A

Those citizens of the Philippines from birth, without having to perform any act to acquire or perfect their PH citizenship.

Also, those who elect PH citizenship in accordance with Constitution (those born before January 17, 1973 of Filipino mothers) are natural-born citizens

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20
Q

Which do we follow: jus sanguinis or jus soli?

A

Answer: Jus sanguinis = citizenship by blood

Jus soli = citizenship by place of birth

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21
Q

Qualifications for naturalization

A

1) Not less than 21 years of age on the day of HEARING of petition

2) Resided in PH for continuous period of not less than 10 years*
* reduced to 5 years if:
(a) held office under PH government
(b) new industry or useful invention to PH
(c) married to a Filipina
(d) teacher in public or private school (not established for particular nationality or race) for not less than 2 years
(e) born in the PH

3) Good moral character
4) Own real estate in PH worth not less than 500,000 or must have known lucrative trade, profession or lawful occupation
5) Speak and write English or Spanish And any one of principal PH languages
6) Enrolled his minor children in any public or private school

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22
Q

Who are disqualified to be naturalized?

A

1) Persons opposed to organized government
2) Persons defending violence for success of their ideas
3) Polygamists
4) Convicted of crimes involving moral turpitude
5) Suffering mental alienation or incurable contagious diseases
6) Not mingled socially with Filipinos during their period of residence
7) Citizens of nations with whom US and PH are at war, during period of war
8) Citizens of nations other than US who do not grant Filipinos the right to become naturalized citizens

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23
Q

Grounds for loss of citizenship

A

1) naturalization in a foreign country
2) express renunciation of citizenship
3) owing allegiance to constitution of foreign country upon attaining 21 years of age
4) rendering service in armed forces of a foreign country, unless with consent of PH
5) cancellation of the certificate of naturalization
6) declared a deserter of PH armed forces in time of war, unless pardoned or given amnesty
7) Woman’s marriage to a foreigner by virtue of laws in force in her husband’s country stating she acquires his nationality

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24
Q

Grounds for reacquisition of citizenship

A

1) naturalization, provided no disqualifications
2) repatriation of deserters or woman married to an alien after termination of marital status
3) direct act of the of Congress

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25
Q

What is marriage?

A

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

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26
Q

When did the Family Code take effect?

A

August 3, 1988

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27
Q

When was the emancipation and age of majority amended?

A

December 18, 1989

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28
Q

What governs the validity of a marriage?

A

The law in force at the time the marriage was celebrated

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29
Q

May “marriage statutes” have a retroactive effect?

A

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

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30
Q

Mistake in identity is void ab initio and annullable when…

A

Void ab initio = after Family Code

Annullable = 1950 Civil Code

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31
Q

Requisites of consent

A

1) Freely given

2) made in the presence of the solemnizing officer

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32
Q

When did the Local Government Code take effect?

A

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

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33
Q

Minimum requirements of a valid marriage license

A

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

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34
Q

When is the date of issue?

A

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

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35
Q

Who may solemnize marriages?

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 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)

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36
Q

Requisites for priest, rabbi, imam or minister

A

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

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37
Q

Requisites for ship captain or airplane chief

A

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

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38
Q

Requisites for military commander

A

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

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39
Q

How to have marriage solemnized in another place (for consul generals, consul, vice-consul)

A

1) request to said official in writing

2) celebrated in the place designated in a SWORN STATEMENT

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40
Q

Requisites for consul generals, consul, vice-consul

A

1) between Filipinos
2) abroad

*EXCEPTION: Filipino and Foreigner IF recognized as valid in host country (Art. 26)

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41
Q

Exceptions to rule on venue

A

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

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42
Q

Order of preference for giving consent manifested in writing

A

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

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43
Q

Instances where local civil registrar can refuse to issue marriage license

A

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

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44
Q

Failure to present a marriage certificate is…

A

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

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45
Q

Marriages can be proved by

A

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

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46
Q

What is a petition for Declaratory Relief?

A

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

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47
Q

For divorce, when is the nationality determinative?

A

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

48
Q

To recognize foreign judgment on divorce, what must occur?

A

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)

49
Q

Instances where marriage license can be dispensed with

A

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)

50
Q

Requisites for cohabitation (no marriage license needed)

A

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)

51
Q

What is legal impediment?

A

Any possible ground to make a marriage infirm

52
Q

EDIT!!!!!! Void ab initio marriages (and can NEVER be ratified!!!)

A

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)

53
Q

Void
v.
Voidable

A

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
54
Q

General Rule on Bad Faith and Good Faith in VOID marriages (and exceptions)

A

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.

55
Q

General Rule on Bad Faith and Good Faith in PROPERTY DISPOSITION

A

Material

56
Q

What is a direct attack?

A

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

57
Q

When is direct attack required?

A

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

58
Q

What is a putative marriage?

A

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

59
Q

For psychological incapacity..

A

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

60
Q

Characteristics of psychological incapacity

A

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

61
Q

Incestuous marriages

A

Whether legitimate or illegitimate

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

62
Q

Void ab initio for reasons of public policy

A

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

63
Q

Prescription Rule

A

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

64
Q

Who can file a PETITION to declare the nullity

A

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!!!

65
Q

Jurisprudence on Judicial Declaration of Nullity

A

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

66
Q

Elements of bigamy

A

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

67
Q

General Rule for Presumption of Death

A

General Rule: Not required as such presumption arises from law

Exception: Art 41

68
Q

Grounds for annulment, who can ratify, prescriptive period

A

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)

69
Q

Moral turpitude

A

Everything contrary to justice, honesty, or good morals

70
Q

Habitual alcoholism

A

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

71
Q

Intimidation

A

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

72
Q

Incapacity to consummate

A

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

73
Q

Rule of trienniel cohabitation

A

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

74
Q

Collusion

A

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

75
Q

Legitime

A

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

76
Q

Grounds for Legal Separation

A

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

77
Q

Definition of Grossly Abusive Conduct

A

No exact definition! Case to case basis

78
Q

Grounds for denying legal separation

A

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

79
Q

Condation

A

An act of forgiving the offense after its commission

80
Q

Consent

A

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

81
Q

Collusion
v.
Connivance

A 
Collusion = Corrupt AGREEMENT
Connivance = Corrupt CONSENTING
82
Q

Effects of legal separation

A

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

83
Q

Requisites for Donation Propter Nuptias of one would-be spouse to the other

A

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

84
Q

Family relations include?

A

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

85
Q

When is earnest efforts toward compromise not required?

A

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)

86
Q

Prescription does not run among

A

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

87
Q

Beneficiaries of a family home

A

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

88
Q

Requisites of beneficiaries

A

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

89
Q

Whose WRITTEN consent is needed before the family home can be alienated?

A

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

90
Q

Types of illegitimate children

A

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

91
Q

2 types of artificial insemination

A

1) homologous - semen of husband (AIH)

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

92
Q

Grounds to impugn legitimacy

A

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

93
Q

A-B-O
HLA Test (Human Leukocyte Antigen)
DNA

A

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

94
Q

Prescriptive period for action to impugn legitimacy

A

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

95
Q

When can heirs impugn?

A

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

96
Q

Real party in interest

A

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

97
Q

How is filiation of legitimate (and illegitimate) children established?

A

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

98
Q

When can heirs of child file an ACTION TO CLAIM LEGITIMACY?

A

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

99
Q

Requisite before act or declaration regarding pedigree may be admitted as evidence

A

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

100
Q

Rules for legitimation

A

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

101
Q

Who are obliged to support each other to the whole extent?

A

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

102
Q

Order of Liability to give support

A

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

103
Q

quasi-contract

A

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

104
Q

Requirements for a stranger to be reimbursed from support

A

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

105
Q

When is waiver of parental authority allowed?

A

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

106
Q

Parental Preference Rule

A

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

107
Q

Order for substitute parental authority

A

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

108
Q

Doctrine of Vicarious liability

A

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

109
Q

General Rule:

Ordinarily Rules on Guardianship = merely suppletory, except:

A

child is:

1) under substitute parental authority
2) guardian is a stranger
3) parent has remarried

where ordinary rules on guardianship shall apply

110
Q

When is parental authority permanently terminated?

A

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

111
Q

When is parental authority suspended?

A

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

112
Q

Age of Majority to 18

A

December 19, 1989

113
Q

Vested Right

A

A right which cannot be revoked or rescinded

114
Q

What shall be entered in civil register

A

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

115
Q

Prima facie evidence

A

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

creates a presumption of fact

Persons (5 decks)

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