III. PERSONS AND FAMILY RELATIONS Flashcards

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1
Q

III. PERSONS AND FAMILY RELATIONS
A. Natural Persons
1. Capacity to Act; Restrictions

– Civil Code, arts. 37-39

Natpers > Inhrnt JC - fitness 2b subj Lr vs C2A (pow 2D a w le) cn b A//L
MIC restrcts C2A
Limits C2A AiiP
M >21

A

Here are the summarized key points of Articles 37 to 39:

  1. Article 37 establishes that every natural person has inherent juridical capacity, which is the fitness to be the subject of legal relations, while capacity to act, the power to do acts with legal effect, can be acquired and lost during one’s lifetime.
  2. Article 38 clarifies that certain conditions like minority, insanity, or civil interdiction restrict capacity to act but do not exempt an incapacitated person from certain obligations arising from their acts or property relations.
  3. Article 39 lists various circumstances that modify or limit capacity to act, including age, insanity, imbecility, penalty, prodigality, among others, with the consequences governed by the Civil Code, other laws, and rules.
  4. Additionally, a married woman, aged 21 or over, is generally qualified for all acts of civil life, except in cases specified by law, as stated in the last part of Article 39.
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2
Q

III. PERSONS AND FAMILY RELATIONS
A. Natural Persons

  1. Commencement and End of Civil Personality

– Civil Code, arts. 40-42

a c B Acquires LP
Conceived C ..Fav
F is considered B if.. but uf IuL <7
D Extngshd cP
E of D detrmnd LCW

CivPers v Jcap v cap2A v jurPersnlty

A

Here are the summarized key points of Articles 40 to 42:

  1. Article 40 establishes that birth determines personality, meaning that once a child is born, it acquires legal personality. Additionally, a conceived child is considered born for all purposes favorable to it, provided it is born later under certain conditions.
  2. Article 41 specifies that for civil purposes, a foetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. However, if the foetus had an intra-uterine life of less than seven months, it is not considered born if it dies within twenty-four hours after complete delivery.
  3. Article 42 states that civil personality is extinguished by death. The effect of death on the rights and obligations of the deceased is determined by law, contracts, and wills.
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3
Q

III. PERSONS AND FAMILY RELATIONS
A. Natural Persons

  1. Proof of Death

– Civil Code, art. 43; Rules of Court, Rule 131, sec. 3 (jj)

How to prove D?

Unheard of - 2y if in V, .4Y.. provdd RPoD
D proven by Dc, T, Ce

A

Certainly! Here are the key points for easy memorization:

  1. Civil Code, Article 43: This article states that when a person has been unheard from for four years, it is presumed that they are dead, provided that the circumstances surrounding their disappearance give rise to a reasonable presumption of death. This presumption can be contested through evidence to the contrary.
  2. Rules of Court, Rule 131, Section 3: This rule establishes that a person’s death can be proven by either direct evidence, such as a death certificate or testimony from witnesses who saw the person die, or by circumstantial evidence, such as the person’s prolonged absence coupled with circumstances indicating their probable death.

In essence, these provisions establish the legal framework for proving an individual’s death in the absence of direct evidence, relying on specific circumstances and presumptions outlined in the law.

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4
Q

III. PERSONS AND FAMILY RELATIONS

B. Juridical Persons

(Civil Code, arts. 44-47)

the term “succeed each other” refers to their status as potential heirs or beneficiaries of each other’s estates. This designation could arise if, for example, they had designated each other as beneficiaries in their respective wills or if the law stipulated that they inherit from one another due to their relationship.

JP begins when? Governed by?

A

Certainly! Here are the summarized key points of each of the articles:

Article 44:
- Establishes the concept of juridical persons, including the State and its political subdivisions, corporations, institutions, and entities for public interest or purpose created by law, and private corporations, partnerships, and associations.
- Juridical personality begins upon CONSTITUTION according to law.
- Private corporations are regulated by laws of general application, while partnerships and associations for private interest are governed by provisions concerning partnerships.

Article 45:
- Juridical persons mentioned in Article 44 are governed by the LAWS CREATING or RECOgnizinG them.
- Private corporations are regulated by laws of general application on the subject, while partnerships and associations for private interest are governed by provisions concerning partnerships.

Article 46:
- Juridical persons have the CAPacity to acquire and possess PROPERTY, incur OBLIGATIONS, and bring civil or criminal ACTIONS in accordance with the laws and regulations of their organization.

Article 47:
- Upon dissolution of corporations, institutions, or entities for public interest mentioned in Article 44, their property and assets are disposed of in accordance with law or their charter.
- If nothing is specified, the property and assets are applied to similar purposes for the benefit of the region, province, city, or municipality that derived principal benefits from them during their existence.

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5
Q

III. PERSONS AND FAMILY RELATIONS

C. Domicile; Residence

(Civil Code, arts. 50-51)

Dom in rel to exercise of cr
D as p of HabRes
D of Jp is w LR or PF

A

Certainly! Here are the summarized key points of Articles 50 and 51:

Article 50:
- Establishes the concept of domicile for natural persons in relation to the exercise of civil rights and fulfillment of civil obligations.
- Domicile is determined as the place of habitual residence.

Article 51:
- Addresses the domicile of juridical persons when not fixed by law or any other provision.
- Domicile for juridical persons is understood to be the place WHERE their LEGAL Representation is established or where they EXERCISE their PRINCIPAL functions.

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6
Q

III. PERSONS AND FAMILY RELATIONS

D. Surnames

(Civil Code, arts. 364-380; - STATE THE RULES
Family Code, arts. 176, 189 and 193;
R.A. No. 9048; R.A. No. 10172)

A

These articles establish the general rules and regulations regarding surnames in this legal system:

Children:
Legitimate/Legitimized children: Primarily use the father’s surname (e.g., John Smith Jr. following his father John Smith Sr.).
Adopted children: Take the adopter’s surname (e.g., if Alice Miller is adopted by David Brown, she becomes Alice Brown).
Natural children:
Acknowledged by both parents: Primarily use the father’s surname.
Acknowledged by only one parent: Use the recognizing parent’s surname (e.g., if a child is only acknowledged by their mother, Mary Jones, they would be Mary Jones).
Legitimated by fiction (legal procedures): Primarily use the father’s surname.
Illegitimate (as defined in article 287): Use the mother’s surname.
Children conceived before a marriage annulment: Use the father’s surname.

Spouses:
Married woman: Can choose to:
Keep her maiden name and add her husband’s surname (e.g., Sarah Jones becomes Sarah Jones Smith).
Use her husband’s full name with a prefix like “Mrs.” (e.g., Sarah becomes Mrs. John Smith).
After marriage annulment:
Guilty wife: Reverts to her maiden name.
Innocent wife: Can keep her husband’s name unless a court or remarriage dictates otherwise.
Legal separation: Wife keeps the surname she used before separation.
Widow: Can continue using her deceased husband’s surname.

Other Situations:
To avoid confusion: If two individuals share the same name and surname, the younger person might need to add an additional name or identifier (e.g., John Smith Jr.).
Descendants: Grandsons and other male descendants can add a middle name, their mother’s surname, or Roman numerals (e.g., John Smith III) to differentiate themselves from fathers or grandfathers with the same name.
Changing names: Requires legal authorization.
Using aliases: Permitted for artistic purposes (pen names, stage names) as long as it’s done ethically and doesn’t harm others.

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7
Q

III. PERSONS AND FAMILY RELATIONS

E. Absentees

(Civil Code, arts. 381-396)

What are the provisional remedies in case of an Absence?

A

Here’s a summary of the key points for each article, with examples:

Art. 381: When a person disappears without leaving an agent, a judge can appoint a representative at the request of an interested party, relative, or friend[1][2].

Example: John vanishes without a trace. His sister Mary asks the court to appoint someone to manage his affairs.

Art. 382: After appointing a representative, the judge must take measures to protect the absentee’s rights and interests, specifying the representative’s powers, obligations, and compensation[1][2].

Example: The judge appoints Sarah as John’s representative, outlining her authority to pay bills and maintain his property, and setting her monthly compensation.

Art. 383: In appointing a representative, the court prefers the present spouse if there’s no legal separation. If there’s no spouse or the spouse is a minor, any competent person can be appointed[1][2].

Example: Since John is unmarried, the court appoints his longtime friend Tom as his representative, as Tom is familiar with John’s affairs and is deemed competent to manage them.

These articles outline the initial legal steps taken when someone disappears, focusing on appointing a representative to manage the absentee’s affairs and protect their interests.

Art. 384: Absence can be declared after 2 years without news, or 5 years if someone was left in charge of property.
Example: John hasn’t been heard from in 3 years, so his family can declare him absent.

Art. 385: Lists who can request a declaration of absence (spouse, heirs, relatives, those with rights dependent on death).
Example: Mary, John’s wife, can ask the court to declare him absent.

Art. 386: Declaration of absence takes effect 6 months after publication.
Example: The court declares John absent in January, but it’s not official until July.

Art. 387: An administrator for the absentee’s property must be appointed.
Example: The court appoints Mary as administrator of John’s assets.

Art. 388: A wife appointed as administrator needs court approval to sell or encumber property.
Example: Mary needs court permission to sell John’s car.

Art. 389: Lists when administration ends (absentee returns, death proven, third party claims ownership).
Example: Administration ends when John unexpectedly returns home.

Art. 390: Presumption of death after 7 years for most purposes, 10 years for succession.
Example: After 8 years, John is presumed dead, but his will can’t be executed yet.

Art. 391: Specific situations where death is presumed after 4 years (lost at sea, missing in war, other dangers).
Example: A soldier missing in action for 4 years is presumed dead.

Art. 392: If absentee returns, they can reclaim property but not fruits or rents.
Example: John returns and gets his house back, but not the rent collected while he was gone.

Art. 393-396: Various legal provisions about rights and inheritance related to absentees.
Example: John’s share of an inheritance goes to his co-heirs unless he has representatives.

These articles primarily deal with the legal status of absent persons, property administration, and inheritance rights.

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8
Q

III. PERSONS AND FAMILY RELATIONS

F. Marriage; General Principles

(Family Code, art. 1)
*Exclude: Muslim Code (P.D. No. 1083)

  1. Essential and Formal Requisites - WHAT ARE THE REQUISITES FOR A VALID MARRIAGE?

– Family Code, arts. 1-3, 5-11, 20-21, 26 and 31-35
*Exclude: Duties of a Civil Registrar – Family Code, arts. 12-19 and 23-25

A

A. Essential Requisites of Marriage (MUST be present for a valid marriage):
Legal Capacity: Both partners must be male and female and legally able to enter a marriage (e.g., not already married to someone else).
Consent: Both partners must freely consent to the marriage without coercion or pressure in the presence of the person officiating the ceremony.

Example:
If a 17-year-old girl is forced into marriage by her family, the marriage wouldn’t be valid due to a lack of legal capacity and free consent.

B. Formal Requisites of Marriage (Procedures to follow for a valid marriage):
Authorized Official: The ceremony must be performed by a licensed solemnizing officer like a priest, judge, or authorized government official.
Marriage License: A valid marriage license is usually required, except for specific situations outlined in the law.
Marriage Ceremony: The couple must appear in person before the authorized official and publicly declare their intention to become husband and wife in the presence of at least two adult witnesses.

Example:
If a couple has a wedding ceremony officiated by an unauthorized person, without a license, and only their friends (under 18) as witnesses, the marriage wouldn’t be considered legally valid due to missing formal requisites.

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9
Q

III. PERSONS AND FAMILY RELATIONS

F. Marriage; General Principles

(Family Code, art. 1)

  1. Effects of Absence, Defect or Irregularity – Family Code, art. 4
A

This article deals with the effects of missing essential or formal requisites for a marriage in the Philippines. It outlines three scenarios:

  1. Absence of any essential requisite:
    If any of the essential requisites (legal capacity, free consent) are completely missing, the marriage is considered void ab initio. This means it is treated as if it never happened from the beginning.
    Example: A man already married to someone else enters into a second marriage ceremony. This second marriage is void ab initio due to the lack of legal capacity (existing marriage).
  2. Defect in an essential requisite:
    If an essential requisite is present but has a flaw or defect, the marriage itself is still considered valid. However, the party responsible for the defect might face legal consequences (civil, criminal, or administrative).
    Example: A woman is forced into marriage under duress (threats or coercion). The marriage is technically valid because consent is present (the ceremony happened), but it’s defective due to the lack of free consent. The person responsible for the coercion could face legal repercussions.
  3. Irregularity in a formal requisite:
    If a formal requisite (e.g., marriage license, authorized official) is missing or not followed correctly, it’s considered an irregularity. This doesn’t affect the validity of the marriage, but the responsible party might still face legal consequences.
    Example: A couple gets married by a friend posing as a priest, without a license (assuming they didn’t fall under any exceptions for license requirements). While the marriage itself might be valid, the friend could face legal sanctions for impersonating an authorized official.

Key Points:
Essential requisites: Must be present for a valid marriage (legal capacity, free consent). Absence renders the marriage void ab initio.
Defects: Flaws in essential requisites don’t necessarily invalidate the marriage but might lead to legal consequences for the responsible party.
Irregularities: Issues with formal requisites don’t affect the marriage’s validity but could still have legal repercussions for the responsible party.

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10
Q

III. PERSONS AND FAMILY RELATIONS

G. Mixed Marriages

(Family Code, art. 26)

What is the rule for marriages Performed OUTSIDE the Philippines? GR & exceptions

A

This article addresses the validity of marriages performed outside the Philippines:

General Rule:
Marriages solemnized outside the Philippines are recognized as valid in the Philippines if they comply with the laws of the country where they were performed and are considered valid there.

Exceptions:
However, this general rule has exceptions for specific types of marriages considered prohibited under Philippine law:

Refer to Article 35:
(1) Marriages by minors (under 18) even with parental consent.
(4) Bigamous or polygamous marriages (having multiple spouses simultaneously).
(5) Marriages where one party is mistaken about the other’s identity.
(6) Subsequent marriages during the subsistence of a previous undissolved marriage.

Example:
A Filipino couple gets married in a ceremony following the legal requirements of France, where the marriage is valid. This marriage would likely be recognized as valid in the Philippines unless they fall under any of the exceptions mentioned in Article 35.

Special Case: Divorce and Remarriage:
If a Filipino citizen is married to a foreigner who obtains a valid divorce abroad allowing them to remarry, the Filipino spouse can also remarry under Philippine law, even though divorce is not generally recognized in the Philippines.

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11
Q

III. PERSONS AND FAMILY RELATIONS

H. Void Marriages; Effects and Remedies

(Family Code, arts. 35-44 and 50-54)

What are the effects of a void marriage?

What are the remedies in case of a void marriage?

A

A. Effects of a Void Marriage in the Philippines:

  1. Marriage is declared legally non-existent (Art. 35-38, 41):
    This applies to marriages that never met essential requirements (e.g., underage marriage) or are prohibited due to public policy (e.g., bigamy, incest).
    Example: A man already married enters a second marriage ceremony. This second marriage is void and has no legal effect.
  2. Consequences for subsequent marriages (Art. 41-44):
    If someone unknowingly entered a bigamous marriage believing their first spouse was dead (after 4 years of absence), their children are considered legitimate.
    The innocent spouse can claim property rights and revoke benefits given to the spouse who acted in bad faith.
    Both spouses acting in bad faith in a subsequent marriage render it void ab initio, and any benefits are revoked.
  3. Financial and property divisions (Art. 50-52):
    The court may order the division of conjugal property and allocate “presumptive legitimes” (advance inheritance) for children.
    Debts and creditors are considered during the division process.
    These effects are recorded and impact third parties only if properly registered.

B. Remedies for a Void Marriage (Art. 39-40, 53):

  1. Action for declaration of nullity:
    Anyone can file a lawsuit to declare the marriage void, and there’s no time limit (except for specific situations).
    A final judgment declaring the marriage void is required for remarriage (based solely on this judgment).
  2. Remarriage after a void marriage:
    Both former spouses can remarry after the declaration of nullity and complying with registration requirements.
    A subsequent marriage without following these steps would be invalid.
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12
Q

III. PERSONS AND FAMILY RELATIONS

I. Voidable Marriages; Effects and Remedies (Family Code, arts. 45-54)
*Exclude: A.M. No. 02-11-10-SC and R.A. No. 6955

What are voidable marriages? Explain each

A

Voidable Marriages in the Philippines (Article 45):
A voidable marriage is one that is valid until declared null and void by a court. This article outlines six grounds for annulment, meaning reasons why a court may declare such a marriage invalid:

  1. Lack of parental consent (18-21 years old):
    Example: A 19-year-old gets married without parental consent. The marriage is voidable, but if they cohabitate freely as husband and wife after turning 21, it becomes valid.
  2. Unsound mind:
    Example: One spouse has a mental illness at the time of marriage, rendering their consent questionable. The marriage is voidable, but cohabitation after regaining mental clarity can validate it.
  3. Fraudulent consent:
    Example: One spouse hides a criminal conviction or a sexually transmitted disease to obtain consent. This fraud makes the marriage voidable, but the innocent spouse’s continued cohabitation with full knowledge might validate it.
  4. Forced consent:
    Example: One spouse is pressured or intimidated into marriage through threats or coercion. This forced consent makes the marriage voidable, but freely cohabiting after the pressure ceases might validate it.
  5. Physical incapacity:
    Example: One spouse has a permanent and incurable physical condition preventing sexual intercourse. This incapacity makes the marriage voidable.
  6. Serious and incurable sexually transmitted disease:
    Example: One spouse hides a serious and incurable sexually transmitted disease at the time of marriage. This makes the marriage voidable.

Additionally:
Article 46 specifies examples of what constitutes fraud regarding consent (e.g., concealing a criminal past, pregnancy, or addiction).
It’s important to note that cohabitation (living together as husband and wife) after the grounds for annulment are known might validate the marriage in some cases.

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13
Q

III. PERSONS AND FAMILY RELATIONS

J. Legal Separation

(Family Code, art. 55-67)
*Exclude: A.M. No. 02-11-11-SC

What are the rules for Legal Separation?

A

Legal Separation in the Philippines: Key Points Explained with Example

Grounds for Legal Separation (Art. 55):
Similar to annulment, legal separation allows spouses to live separately but doesn’t dissolve the marriage. However, unlike annulment, it has specific grounds for filing, such as:
Physical or psychological abuse (against spouse or child)
Drug addiction or alcoholism
Infidelity
Abandonment
Example: Maria files for legal separation due to her husband, Mark’s, repeated physical abuse.

Defenses against Legal Separation (Art. 56):
The court may deny the petition if the aggrieved party:
Condones the act (e.g., continues living with the abusive spouse)
Consents to the act (e.g., participates in gambling despite the other’s disapproval)
Colludes with the other spouse to obtain separation

Procedures and Effects (Art. 57-63):
A petition must be filed within 5 years of the incident.
The court prioritizes reconciliation efforts before proceeding.
After separation:
Spouses can live separately but remain married.
Conjugal property is dissolved and divided (offending spouse may lose share).
Innocent spouse gets custody of minor children (unless otherwise deemed unfit).
The offending spouse cannot inherit from the innocent one.

Reconciliation and Revival (Art. 65-67):
Spouses can reconcile and file a joint manifestation to terminate the case.
The final separation decree is set aside, but property division consequences remain.
Spouses can revive their former property regime (e.g., conjugal partnership) through a formal agreement specifying how properties and debts will be handled.

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14
Q

III. PERSONS AND FAMILY RELATIONS

K. Property Relations Between Spouses

(Family Code, arts. 74-81)

Explain the Marriage Settlements General rules

A

Marriage Settlements in the Philippines: Key Points Explained

These articles outline the legal framework for marriage settlements in the Philippines, which are agreements between future spouses defining their property rights during marriage.

  1. Priority of Agreements and Default (Art. 74-75):
    Spouses can choose their desired property regime through a marriage settlement (e.g., absolute community, separate property).
    In the absence of a settlement, or if the agreed-upon regime is invalid, the default system of absolute community applies (property acquired during marriage is shared equally).
    Example: Sarah and Michael draft a marriage settlement before their wedding, opting for complete separation of property. This means each spouse keeps ownership and control of their individual assets and debts during the marriage.
  2. Formalities and Modifications (Art. 76-79):
    Settlements must be written, signed, and executed before marriage.
    Any modifications must also be done before the wedding.
    Settlements involving minors or individuals with legal limitations require additional legal steps.
  3. Applicability and Registration (Art. 77, 80):
    Settlements must be registered with the local civil registry and property registries to be enforceable against third parties (e.g., creditors).
    In general, Philippine law governs property relations regardless of the marriage location or spouses’ residence, except for specific situations involving foreign spouses or property abroad.
  4. Effect of Non-Marriage (Art. 81):
    If the marriage doesn’t take place, any stipulations linked to the marriage (e.g., donations between spouses) become void. However, independent agreements (e.g., pre-existing individual property ownership) remain valid.
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15
Q

III. PERSONS AND FAMILY RELATIONS

K. Property Relations Between Spouses (Family Code, arts. 74-81)
1. Donation Propter Nuptias; Void Donations – Family Code, arts. 82-83, 86
87, 43(3) and 50

A

Donations in the Context of Marriage (Philippines):

a. Donation Propter Nuptias (Art. 82-86):
These are donations made before marriage in consideration of the marriage itself.
They are governed by general donation rules but with some specific exceptions.
Revocation: These donations can be revoked by the donor under certain situations, such as:
If the marriage doesn’t happen (except those in marriage settlements).
If the marriage is annulled due to the donee’s bad faith.
If the donee commits an act of ingratitude towards the donor.
Example: A wealthy father gifts his daughter a car before her wedding to assist her in starting married life. This is a donation propter nuptias. If the wedding cancels, the father can reclaim the car (except if it was part of a marriage settlement).

b. Void Donations during Marriage (Art. 87):
Generally: Any donations or gifts between spouses during marriage are void. This aims to prevent unfair advantages or manipulation within marriage.
Exception: Moderate gifts on specific occasions (e.g., birthdays, anniversaries) are allowed.
Example: During their marriage, Sarah gifts her husband, Michael, a large sum of money to start a business. This donation is void and Michael cannot legally keep the money. However, a small birthday present from Sarah to Michael would be acceptable under the “moderate gifts” exception.

Additional Notes:

The document mentions Article 87 on termination of subsequent marriage but doesn’t provide the full text. Please refer to the full legal reference for complete information on this specific point.
The document also mentions Article 50 on marriages declared void or annulled. While not directly related to donations, it outlines the consequences of such marriages, including property division and child support.

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16
Q

III. PERSONS AND FAMILY RELATIONS

K. Property Relations Between Spouses (Family Code, arts. 74-81)

  1. Marriage Settlements

– Family Code, arts. 75-81

a. Absolute Community of Property Regime – Family Code, arts. 84
and 88-104 - STATE THE RULES

A

Summary of Articles on Absolute Community of Property in the Philippines:
1. Formation and Termination (Art. 88, 99):
Starts at marriage and ends upon death, legal separation, marriage annulment, or judicial separation of property.

  1. Community Property (Art. 90-93, 95):
    Included: All property acquired during the marriage (except exceptions) and the fruits and income generated from it.
    Excluded:
    Property owned before marriage by either spouse (except fruits and income if designated for the community).
    Property acquired during marriage through inheritance or donation unless designated for the community.
    Personal and exclusive items of each spouse (except jewelry).
    Debts: Community debts are covered by community property assets first, then by separate properties (if insufficient).
    Example: John buys a car using their shared income during marriage. This car is community property.
  2. Management and Debts (Art. 94, 96):
    Both spouses jointly manage the community property:
    Husband’s decision initially prevails in case of disagreement, but the wife can challenge it legally.
    Community debts are covered by community property assets first.
  3. Dissolution and Liquidation (Art. 99-104):
    Upon termination, the community property is liquidated (divided).
    Debts are paid first, then remaining assets are divided equally (unless agreed otherwise).
    The surviving spouse has specific responsibilities for liquidation after a death.
    Example: After divorce, John and Mary’s house, bought together, would be divided equally after paying any joint debts.
  4. Pre-marital Property (Art. 92):
    Property acquired before marriage through non-gratuitous means (purchase, investment) becomes part of the community property.
    Exceptions: Property acquired through inheritance or donation (gratuitous title) remains separate.
    Example: Michael’s business, established before marriage, becomes community property after marrying Sarah.
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17
Q

III. PERSONS AND FAMILY RELATIONS

K. Property Relations Between Spouses (Family Code, arts. 74-81)

  1. Marriage Settlements – Family Code, arts. 75-81

b. Conjugal Partnership of Gains Regime – Family Code, arts. 105-133

GIVE AN OVERVIEW OF CPG

A

Summary of Articles on Conjugal Partnership of Gains (CPG) Regime:
1. Choosing CPG and Applicability (Art. 105):
Spouses can choose CPG in their marriage settlements.
CPG rules apply to existing CPG partnerships established before the current code, but respecting previously acquired rights under older laws.

  1. What’s Included in CPG (Art. 106):
    A common fund is created with:
    Income and profits from both spouses’ separate properties.
    Earnings and gains acquired by either spouse during the marriage.
    Upon marriage dissolution, the net gains (difference between total earnings and expenses) are divided equally (unless otherwise agreed upon).
    Example: John and Mary choose CPG. John earns a salary and Mary has rental income from her pre-marital property. Both the salary and rental income go into the common fund. When they divorce, the total earnings from both incomes minus any expenses during the marriage are divided equally.
  2. Additional Notes (Art. 107, 108):
    Similar rules regarding marriage annulment and termination as in the Absolute Community of Property regime apply.
    For matters not explicitly covered in CPG regulations or the couple’s agreement, the general partnership contract rules apply.
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18
Q

III. PERSONS AND FAMILY RELATIONS
K. Property Relations Between Spouses (Family Code, arts. 74-81)

  1. Marriage Settlements – Family Code, arts. 75-81

c. Separation of Property Regime – Family Code, arts. 143-146

A

Summary of Separation of Property Regime in the Philippines (Family Code):
The Separation of Property regime allows married couples to keep their finances separate throughout their marriage. Here’s a breakdown of key points:

  1. Opt-In Regime (Art. 143): This regime is not automatic. Couples must explicitly choose it through a prenuptial agreement (marriage settlements) before marriage.
  2. Scope of Separation (Art. 144):
    Type: Separation can cover present and/or future property, meaning it can apply to property owned before and/or acquired during the marriage.
    Extent: It can be total (all property separate) or partial (specific categories of property separate, remaining property under Absolute Community).
  3. Independent Management and Ownership (Art. 145):
    Each spouse owns and manages their separate estate (property) independently.

There’s no need for the other spouse’s consent for buying, selling, or managing their own property.

Example: John and Mary choose partial separation. John’s pre-marital house remains his separate property. He can sell it without Mary’s permission.

  1. Sharing Family Expenses (Art. 146):
    Spouses contribute to family expenses based on their income or the value of their separate property if income is insufficient.

However, liability for debts incurred for family expenses is joint and several (both spouses are equally responsible).

Example: John earns more than Mary. They agree to contribute proportionally to their income for groceries. If they fall short, they’ll use the value of their respective properties to cover the deficit. If they can’t pay a family bill, both John and Mary are liable to the creditor.

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19
Q

III. PERSONS AND FAMILY RELATIONS
K. Property Relations Between Spouses (Family Code, arts. 74-81)

  1. Judicial Separation of Property – Family Code, arts. 134-142
A

Summary of Judicial Separation of Property Regime in the Philippines (Family Code):

  1. Default and Court Order (Art. 134):
    Separation doesn’t happen automatically after marriage.
    It requires a court order unless explicitly specified in a prenuptial agreement.
    This order can be voluntary (both spouses agree) or due to sufficient cause (specific reasons listed in the law).
  2. Grounds for Judicial Separation (Art. 135):
    Courts can grant separation for various reasons, including:

Spouse’s criminal conviction with certain penalties.
Spouse declared legally absent.
Spouse loses parental authority by court order.
Spouse abandons or neglects family obligations.
Abuse of power by spouse managing common property.
Spouses are physically separated for at least a year with unlikely reconciliation.
Example: John abandons Mary and their children. Mary can petition the court for judicial separation of property due to abandonment (Art. 135(4)).

  1. Voluntary Dissolution (Art. 136):
    Spouses can jointly petition the court to voluntarily dissolve the property regime and separate their assets.
    Creditors and other financially interested parties need to be informed and protected during the process.
  2. Liquidation and Support (Art. 137):
    Once separation is approved, the existing property regime (e.g., Absolute Community) is liquidated (divided) according to the Family Code.
    While the proceedings are ongoing, the existing regime still covers the support of spouses and children.
  3. Post-Separation and Revival (Art. 138-141):
    After separation, the spouses have complete separate property ownership.
    The separation decree and final judgment must be recorded in relevant registries.
    In certain situations (e.g., spouse reappears, reconciliation), spouses can petition to revive the previous property regime through the court.
  4. Transfer of Administration (Art. 142):
    Under specific circumstances (e.g., guardianship, legal absence), the court can transfer the management of one spouse’s separate property to the other.
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20
Q

III. PERSONS AND FAMILY RELATIONS
K. Property Relations Between Spouses (Family Code, arts. 74-81)

  1. Property Regime of Unions Without Marriage – Family Code, arts. 147
    148
A

Property Acquisition During Cohabitation Without Marriage (Philippines Family Code)
Articles 147 and 148 address property ownership for couples who cohabit without formal marriage, including both “void marriages” and simply living together. These articles establish:

  1. Presumption of Equal Ownership (Art. 147):
    When a couple lives together as husband and wife (regardless of marriage validity), their wages and salaries are equally owned.

Property acquired through joint efforts is presumed to be co-owned in equal shares.

Example: John and Mary live together for several years without marrying. They both work and contribute financially to the household. Any property they acquire, like a car or house, is presumed to be co-owned equally (50/50) unless proven otherwise.

  1. Care and Maintenance as Contribution (Art. 147):
    Taking care of the family and household is considered a valid contribution to jointly acquired property, even if one partner doesn’t earn income.

Example: Sarah stays at home to raise their children while Michael works and earns a salary. Sarah’s contribution to childcare and home management is considered equal to Michael’s financial contribution, and they are presumed to co-own any property acquired during their cohabitation.

  1. Restrictions on Disposal (Art. 147):
    Neither partner can sell or encumber (e.g., mortgage) their share of co-owned property without the other’s consent until cohabitation ends.
  2. Forfeiture in Void Marriages (Art. 147):
    If the marriage is void and only one spouse was in good faith (believed the marriage was valid), the bad faith spouse’s share in the co-owned property is forfeited:
    To their common children (if any).
    To the innocent spouse if there are no children.
  3. Proportionate Ownership in Other Cases (Art. 148):
    For cohabitation outside of a void marriage, ownership relies on proof of contribution:

Property acquired through joint financial contributions (money, property) or work is co-owned in proportion to each person’s contribution.
In the absence of proof, contributions and shares are presumed equal.
Example: Lisa and David cohabitate and buy a house. Lisa contributes a larger sum as a down payment, while David handles renovations. They are considered co-owners, but the proportion of ownership might not be equal (e.g., Lisa: 60%, David: 40%) based on their documented contributions.

  1. Forfeiture in Certain Situations (Art. 148):
    If one partner is already married, their share in the co-ownership goes to their existing marital property regime (e.g., Absolute Community).
    If both partners acted in bad faith (knew the cohabitation was invalid), their shares are forfeited according to the rules in Article 147 (for void marriages).
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21
Q

III. PERSONS AND FAMILY RELATIONS

L. Rights and Obligations Between Husband and Wife (Family Code, arts. 68-73)
*Exclude: R.A. No. 7192; R.A. No. 8187; R.A. No. 9710

A

Rights and Obligations Between Husband and Wife under the Philippine Family Code

Key Points

The Philippine Family Code outlines the fundamental rights and obligations between spouses. These include:

  • Mutual Obligations: Husbands and wives must live together, respect, love, and support each other (Article 68).
  • Family Domicile: Spouses jointly decide on the family domicile. If they disagree, the court intervenes (Article 69).
  • Family Support: Both spouses are responsible for supporting the family. Expenses are primarily covered by community property, then separate income, and finally, separate properties if necessary (Article 70).
  • Equal Rights: Both spouses have equal rights to manage the household (Article 73).
  • Fidelity and Respect: Spouses owe each other fidelity and respect. Breach of these duties can lead to legal consequences (implied from various provisions).

Example

  • Mutual Support: When a husband loses his job, the wife may provide financial support until he finds a new one, demonstrating the principle of mutual help and support.

Note: These are just a few key points. The Family Code provides a more comprehensive framework for the rights and obligations between spouses, including provisions on property relations, parental authority, and grounds for legal separation.

Would you like to delve deeper into specific aspects of the husband and wife relationship under Philippine law?

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22
Q

III. PERSONS AND FAMILY RELATIONS

M. The Family; Family Home (Family Code, arts. 149-162)

A

Here’s a summary of the key points for each article, with examples:

Art. 149: The family is a protected social institution, governed by law.
Example: A custom allowing child marriage would be invalid as it’s destructive to the family.

Art. 150: Defines family relations as between spouses, parents and children, and siblings.
Example: A dispute between cousins is not considered a family relation under this article.

Art. 151: Requires attempts at compromise before family lawsuits can proceed.
Example: Before suing her brother, Maria must show she tried to resolve the issue amicably.

Art. 152: Defines the family home as the dwelling of the family.
Example: The Garcia family’s house and lot where they live is their family home.

Art. 153: The family home is exempt from execution or forced sale while occupied.
Example: Creditors cannot force the sale of the Lim family’s home while they live there.

Art. 154: Lists beneficiaries of the family home.
Example: Juan’s elderly parents living with him are beneficiaries of his family home.

Art. 155: Specifies exceptions to family home protection.
Example: The Santos family home can be sold for unpaid property taxes.

Art. 156-157: Outlines ownership requirements and value limits for family homes.
Example: The Reyes family home in Manila is valued at 300,000 pesos, the urban area limit.

Art. 158-162: Covers sale, continuance, and execution rules for family homes.
Example: After Mr. Tan’s death, his family home continues for his minor children for 10 years.

These articles primarily deal with defining and protecting the family home as a crucial aspect of family relations under Philippine law.

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23
Q

III. PERSONS AND FAMILY RELATIONS

N. Paternity and Filiation
1. Concepts of Paternity, Filiation and Legitimacy – Family Code, art. 163

A

Understanding Children’s Filiation in the Philippines (Article 163):
This article clarifies the different ways children in the Philippines establish their connection to their parents, known as filiation:

Filiation can be established through:
Nature: This is the biological connection between a child and their parents.
Adoption: This is a legal process where a non-biological parent(s) assume all parental rights and responsibilities for a child.

Natural filiation: This refers to children born to biological parents and can further be categorized as:
Legitimate: Children born to parents who are legally married at the time of their birth.
Illegitimate: Children born to parents who are not married at the time of their birth.

Examples:
Natural Filiation by Nature:
John and Mary, a married couple, have a biological child, Sarah. Sarah’s filiation to John and Mary is established by nature, specifically natural and legitimate filiation.
Lisa, a single woman, gives birth to a child, David. David’s filiation is established by nature but categorized as illegitimate because Lisa was not married at the time of his birth.

Filiation by Adoption:
Daniel, an orphaned child, is legally adopted by a couple, Michael and Anne. Daniel’s filiation to Michael and Anne is established by adoption.

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24
Q

III. PERSONS AND FAMILY RELATIONS

N. Paternity and Filiation

  1. Legitimate and Illegitimate Children – Family Code, arts. 164-165 and
    167-169
    a. Proof of Filiation – Family Code, arts. 172, 173 and 175
A

Establishing a Child’s Filiation in the Philippines (Family Code, Art. 172, 173, 175)
These articles explain how a child can establish their filiation, or legal connection to their parents, in the Philippines. Here’s a breakdown for easy understanding:

  1. Proof of Legitimate Filiation (Art. 172):

There are preferred methods to prove a child’s legitimate filiation (born to married parents):

Primary evidence:
Record of birth in the civil register.
Final court judgment declaring legitimacy.

Secondary evidence (if primary evidence is unavailable):
Open and continuous possession of the status of a legitimate child: This means being treated and acknowledged as a legitimate child throughout life (e.g., being raised by the parents, using their surname, being included in family gatherings).
Other methods allowed by law: This could involve witness testimonies, DNA testing, or other legal proceedings as determined by the court and specific laws.

Example:
John and Mary, a married couple, have a child, Sarah. Sarah’s birth certificate is registered, proving her legitimate filiation through the primary evidence mentioned in the first point.

  1. Time Limit to Claim Legitimacy (Art. 173):
    A child can file a claim of legitimacy anytime during their lifetime.
    If the child dies young or is mentally incapable, their heirs have five years to file the claim.
  2. Proof of Illegitimate Filiation (Art. 175):
    Illegitimate children (born to unmarried parents) can use the same methods and evidence as legitimate children to establish their filiation.
    They also have the same five-year time limit to file a claim, except in one case:
    If the claim relies on the second point of Art. 172 (open and continuous possession of child status), the claim can be filed during the alleged parent’s lifetime.

Example:
Lisa, a single mother, raises her son, David. David can use evidence like his mother’s statements acknowledging him as her son (second point of Art. 172) or other methods approved by law to prove his filiation to Lisa. However, he must file his claim within the five-year timeframe mentioned in the article.

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25
Q

III. PERSONS AND FAMILY RELATIONS

N. Paternity and Filiation

  1. Legitimate and Illegitimate Children – Family Code, arts. 164-165 and
    167-169

b. Rights of Legitimate Children – Family Code, art. 174

A

Rights of Legitimate Children in the Philippines (Article 174):
This article outlines the key rights granted to legitimate children in the Philippines:

  1. Right to Surnames (Art. 174(1)):
    Legitimate children have the right to bear the surnames of both their father and mother, following the regulations outlined in the Civil Code on Surnames.

Example: John and Mary, a married couple, have a child named Sarah. Sarah has the right to use both “Cruz” (John’s surname) and “Santos” (Mary’s surname) as her surnames, following the specific regulations mentioned in the Civil Code.

  1. Right to Support (Art. 174(2)):
    Legitimate children have the right to receive support from:
    Parents (primary responsibility)
    Grandparents and other ascendants (if parents are unable)
    Siblings (in specific situations, such as when parents and ascendants are unavailable)
    The extent and specifics of support are further defined in the Family Code provisions on “Support.”

Example: Sarah, John and Mary’s daughter, is entitled to financial and emotional support from both her parents. If, for some reason, John and Mary cannot provide adequate support, Sarah can potentially receive support from her grandparents.

  1. Right to Inheritance (Art. 174(3)):
    Legitimate children are entitled to inherit from their parents according to the legitimate and other successional rights outlined in the Civil Code.
    These rights specify the legal share of inheritance each child receives based on their relationship to the deceased parent and other factors.

Example: When John dies, Sarah, as his legitimate daughter, is entitled to inherit a specific portion of his estate according to the intestacy provisions (rules for inheritance without a will) or his will, if any.

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26
Q

III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation

  1. Legitimate and Illegitimate Children – Family Code, arts. 164-165 and
    167-169

c. Rights of Illegitimate Children – Family Code, art. 176 as amended
by R.A. No. 9255

A

Rights of Illegitimate Children (Family Code & RA 9255)
Combining Article 176 of the Family Code and Republic Act No. 9255, here’s a breakdown of the rights of illegitimate children in the Philippines:

  1. Surname (as per RA 9255):

Illegitimate children can use their father’s surname under specific conditions:
Father expressly acknowledges paternity (through birth record or document).
Child fulfills age-based procedures with an “Affidavit of Acknowledgement of Paternity” (AUSF).
Mother’s surname remains the default if these conditions are not met.

  1. Parental Authority and Support (Family Code Art. 176):
    Illegitimate children remain under the parental authority of their mother.
    They are entitled to support from their parents according to the Family Code provisions.
  2. Inheritance (Family Code Art. 176):
    Illegitimate children receive half the inheritance share of a legitimate child (their “legitime”).
    Other inheritance rights follow the Civil Code provisions.
    Note:

RA 9255 primarily addresses the right to use the father’s surname.
The Family Code outlines broader rights, including parental authority, support, and inheritance.

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27
Q

III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation

  1. Legitimate and Illegitimate Children – Family Code, arts. 164-165 and
    167-169

d. Action to Impugn Legitimacy – Family Code, arts. 166 and 170
171

A
  1. Grounds for Impugning Legitimacy (Art. 166):
    The husband (or his heirs) can only challenge a child’s legitimacy under these specific circumstances:

a) Physical Impossibility: The husband couldn’t have had sexual relations with his wife within a specific timeframe (120 days) before the child’s birth due to:
Physical incapability
Living separately
Serious illness preventing intercourse
b)Biological or Scientific Reasons: The child cannot be biologically related to the husband due to scientific evidence (excluding situations covered under Art. 164, not discussed here).
c) Artificial Insemination: The husband’s consent to the procedure was obtained through deception, fraud, force, or undue influence.

Example: John claims that Mary, his wife, gave birth to a child (David) who cannot be his biological son due to a medical condition preventing him from having children. If proven true, John could potentially impugn David’s legitimacy based on biological reasons.

  1. Time Limit for Filing the Action (Art. 170):
    The husband (or his heirs) must file the action to challenge legitimacy within specific timeframes:

a) One year from:
Knowing about the birth
The birth being registered Whichever comes first.

b) Extended timeframes if the husband or heirs live outside the Philippines:
Two years if residing in the Philippines
Three years if residing abroad

c) Special consideration: If the birth was concealed from the husband/heirs, the time limit starts from the time they discover the birth (or its registration).

  1. Heirs’ Right to Impugn Legitimacy (Art. 171):
    The husband’s heirs can only challenge legitimacy within the same timeframe as the husband under these conditions:

a) The husband died before filing the action, or
b) The husband died after filing the action and didn’t withdraw it, or
c) The child was born after the husband’s death.

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28
Q

III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation

  1. Legitimated Children – Family Code, arts. 177-182; R.A. No. 9858
    *Exclude: A.M. No. 06-11-5-SC
    a. Rights of Legitimated Children – Family Code, art. 179
A

Legitimation of Children in the Philippines (Family Code, Chapter 4)
This chapter defines how a child born outside of marriage can be legitimized and gain the same rights as a legitimate child. Here are the key points:

  1. Who Can Be Legitimated (Art. 177):
    Only children born outside of wedlock to parents who could have legally married at the time of conception are eligible for legitimation.
  2. Methods of Legitimation (Art. 178):
    Subsequent valid marriage between the child’s biological parents.
    Annulment of a voidable marriage between the parents does not affect the existing legitimation.
  3. Rights of Legitimated Children (Art. 179):
    Legitimated children enjoy the same rights as legitimate children (e.g., inheritance, support).
  4. Retroactive Effect (Art. 180):
    Legitimation applies retroactively, meaning the child’s rights are considered to have existed since their birth.
  5. Benefits for Descendants (Art. 181):
    If the child dies before their parents’ marriage, their descendants (children, grandchildren, etc.) still benefit from the legitimation.
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29
Q

III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation

  1. Legitimated Children – Family Code, arts. 177-182; R.A. No. 9858
    *Exclude: A.M. No. 06-11-5-SC

b. Action to Impugn Legitimacy

– Family Code, art. 182

A
  1. Challenging Legitimation (Art. 182):

Only those whose rights are directly harmed by the legitimation can challenge it within five years of discovering the grounds for their claim.

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30
Q

III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation

  1. Adopted Children
    a. Domestic Administrative Adoption and Alternative Child Care
    Act – R.A. No. 11642
A

Following the enactment of RA 11642, or the Domestic Administrative Adoption and Alternative Child Care Act, the Supreme Court has issued guidelines on the implications of the law on the Rule on Adoption.

In an En Banc Resolution, the Court adopted the recommendations of the Committee on Family Courts and Juvenile Concerns, led by then Senior Associate Justice Estela M. Perlas-Bernabe, as follows:

Upon effectivity of RA 11642, courts may no longer receive or accept petitions for domestic adoption. Jurisdiction over domestic adoption cases shall now be with the newly created National Authority for Child Care (NACC), a quasi-judicial agency attached to the Department of Social Welfare and Development.

Adoptions proceedings are now administrative.

Petitioners have the option to immediately withdraw judicial petitions for domestic adoption pending in court, regardless of the stage of the proceedings. Otherwise, the courts shall continue to hear and decide such petitions.

The courts shall give petitioners time to manifest their intent to withdraw. If petitioners fail to notify the court within the set period, they are considered to have waived the option to withdraw their petitions.

Petitioners, and their respective counsels, who avail of the benefits of RA 11642 without first withdrawing their pending petitions before the courts shall be sanctioned under the Rules of Court.

Domestic adoption provisions in the Rule on Adoption are now rendered ineffective except for pending domestic cases before the courts not withdrawn by petitioners.

Rescission of adoption under Section 47 of RA 11642 covers judicial adoptions.

Inter-country adoption petitions pending before the courts pursuant to Part B of the Rule on Adoption shall be dismissed.

All courts are required to submit to the Office of the Court Administrator a list and status report of all pending adoption cases, including archived cases.

RA 11642 took effect on January 28, 2022 with the goal of making domestic adoption proceedings simpler and less costly. The law also seeks to streamline alternative child care services.

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31
Q

III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation

  1. Adopted Children

b. Inter-Country Adoption Act

– R.A. No. 8043

A

Key Points of Inter-Country Adoption in the Philippines (RA 8043):

Nature and Purpose:
Last resort: Inter-country adoption is considered after all domestic adoption options are exhausted.
Best interests of the child: The primary goal is to benefit and protect the child’s fundamental rights.

Eligibility and Process:
Applicants: Foreign nationals or Filipinos residing abroad can apply.
Application: Through the ICAB, Central Authority, or accredited Foreign Adoption Agency (FAA).
Eligible children: Voluntarily or involuntarily committed to the Department of Social Welfare and Development (DSWD) as dependent, abandoned, or neglected.

Matching and Placement:
Matching conference: ICAB pairs children with suitable applicants, ensuring a good parent-child relationship.
Direct engagement prohibited: Applicants cannot directly choose a child.
Trial custody: The child lives with the potential adopters for 6 months.
Progress reports: Adopters submit reports on the child’s adjustment.
Supervision: Central Authority/FAA monitors the placement.

Finalization and Repatriation:
Decree of adoption: Issued based on successful trial custody and court decision.
Failure of placement: If the relationship deteriorates, the child is withdrawn and placed elsewhere.
Repatriation (return to the Philippines) is a last resort, with costs borne by the initial applicants.
Successful adoption: Adoption is finalized through the court or relevant authorities.

Compliance and Penalties:
Non-compliance: Participating in illegal adoptions is punishable by law.
Emphasis: Following the law ensures the best interests of the child are met.

Nuances:
The document highlights the importance of prioritizing the child’s well-being throughout the process.
It emphasizes the safeguards and regulations in place to ensure ethical and responsible inter-country adoption.
It clarifies the roles and responsibilities of various entities involved, such as the ICAB, Central Authority, and FAA.

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32
Q

III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation

  1. Adopted Children

c. Simulated Birth Rectification Act

– R.A. No. 11222

A

Key Points of the Simulated Birth Rectification Act (Republic Act No. 11222)

Purpose:
Allows rectification of simulated birth records for children raised by someone other than their biological parents, if done for the child’s best interest.
Grants amnesty and adoption rights to those who simulated the birth (under certain conditions).
Ensures the well-being and legal rights of the child.

Eligibility for Rectification and Adoption:
Applies to children whose birth records were simulated before the law’s effectivity.
The person(s) who simulated the birth and raised the child can apply for:
Rectification of the simulated birth record
Administrative adoption of the child
Conditions:
The child has lived with the applicant(s) for at least 3 years before the law’s effectivity.
An application is filed within 10 years of the law’s effectivity.
The child’s best interests are met.

Process:
1) Petition:
Filed with the local Social Welfare and Development Office (SWDO).
Includes supporting documents (simulated birth certificate, affidavits, etc.).
2) Review and Recommendation:
SWDO, Regional Director, and Secretary of DSWD review the petition.
3) Decision:
Secretary decides on the petition within 30 days.
4) Order of Adoption (if granted):
Grants the child the legal status of a legitimate child of the adopter(s).
Cancels the simulated birth record and issues a new one.

Effects of Adoption:
The child enjoys all rights and obligations of a legitimate child, including:
Inheritance rights
Love, guidance, and support from the adoptive family
Parental rights of the biological parents are severed (except if the biological parent is the adopter’s spouse).

Rescission of Adoption:
The adoption can be rescinded by the child (with support from SWDO/DSWD) on specific grounds like abuse or neglect by the adopter.
Rescission process follows a similar procedure as adoption.
Upon rescission:
Child’s original birth record (or foundling certificate) is restored.
Parental rights may return to the biological parents (if known and the child is a minor).
Inheritance rights revert to the pre-adoption status, but vested rights are respected.

Penalties:
Penalties apply for:
Obtaining adoption consent through unfair means.
Not following proper adoption procedures.
Endangering or exploiting the child during the adoption process.

Example:
A couple raised a child whose birth record was simulated because they couldn’t have biological children. They can apply to rectify the child’s birth record and adopt them through this law, provided they meet the requirements and the child’s well-being is ensured.

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33
Q

III. PERSONS AND FAMILY RELATIONS

O. Support

(Family Code, arts. 194-208)

A

Understanding the Legal Concept of Support in the Philippines (Family Code Articles 194-208)

These articles from the Family Code define the legal obligation of support between family members in the Philippines.

1) What is Support?**
* Support encompasses everything necessary for a person’s basic needs: food, shelter, clothing, medical care, education, and transportation (Art. 194).
* Education includes training for a profession or trade, even beyond the age of majority (Art. 194).
* Transportation covers commuting to school or work (Art. 194).

2) Who Owes Support?**
* Primarily, spouses owe support to each other (Art. 105).
* Parents (legitimate and illegitimate) and their descendants (children, grandchildren, etc.) are obligated to support each other (Art. 105).
* Legitimate and illegitimate siblings also have a support obligation towards each other, with some exceptions (Art. 105 & 196).

3) Who Pays When Multiple People Owe Support?**
* The spouse comes first, followed by descendants, then ascendants (parents, grandparents), and lastly siblings (Art. 199).
* The burden is shared proportionally based on each person’s financial resources (Art. 200).
* In urgent situations, the court might order one person to provide support temporarily (Art. 200).
* If a child and a spouse need support simultaneously, the child takes priority (Art. 200).

5) How Much Support is Owed?**
* The amount depends on the needs of the recipient and the resources of the person providing support (Art. 201).
* This amount can be adjusted if the needs or resources change significantly (Art. 202).

6) When Does the Obligation Start and End?**
* The support obligation starts when the recipient needs it for basic necessities (Art. 203).
* It’s legally enforceable only from the date of a formal demand (court order or written request) (Art. 203).
* Support payments typically occur monthly, and any pre-paid support doesn’t need to be returned if the recipient dies (Art. 203).
* The obligation ends with the death of either party or when a legal separation decree ends the marital obligation of support (Art. 198).

  • Other Important Points:**
  • The right to receive support cannot be taken away by creditors (Art. 205).
  • A stranger who provides support without the obligated person’s knowledge might seek reimbursement (Art. 206).
  • Anyone can provide support to a neglected family member in urgent need and seek reimbursement from the obligated person (Art. 207).
  • Examples:**
  • A father is legally obligated to support his minor children with food, shelter, and education (Art. 194).
  • If an adult child becomes disabled and cannot work, their parents might be obligated to provide financial support depending on their resources (Art. 195).
  • In a divorce case, the court might order one spouse to pay support to the other, especially if there’s a significant difference in income (Art. 198).
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34
Q

III. PERSONS AND FAMILY RELATIONS

P. Parental Authority

(Family Code, arts. 209-233)
*Exclude: A.M. No. 03-02-05-SC; A.M. No. 03-04-04-SC; R.A. No. 8972, as
amended; R.A. No. 8980; R.A. No. 9231

A

Understanding Parental Authority in the Philippines (Family Code Articles 209-224)

These articles define parental authority, the rights and responsibilities parents have over their unemancipated children (under 18). Here’s a summary:

1) Core Concept:**
* Parental authority is the right and duty of parents to care for, raise, and discipline their children.
* It includes providing for their physical, emotional, and moral well-being, education, and guidance (Art. 209 & Art. 220).

2) Who Has Parental Authority?**
* Primarily, both parents have joint authority (Art. 211).
* In case of disagreement, the father’s decision prevails unless a court orders otherwise (Art. 211).
* If one parent dies or is absent, the other parent retains authority (Art. 212).
* In separation cases, the court designates a parent based on the child’s preferences (over 7 years old) and the parent’s fitness (Art. 213).
* If both parents are unfit or unavailable, grandparents or other relatives can take on substitute parental authority (Art. 214-216).
* Institutions caring for abandoned or neglected children have parental authority entrusted by the court (Art. 217).
* Schools and day-care centers have limited parental authority while the child is under their supervision (Art. 218).

3) Rights and Duties of Parents:**
* Raise children with love, good values, and proper education (Art. 220(1-4)).
* Discipline them as needed (Art. 220(7)).
* Represent them legally (Art. 220(5)).
* Provide for their basic needs (Art. 220(1)).
* Be liable for their actions under certain circumstances (Art. 221).

4) Loss of Parental Authority:**
* Parental authority can be revoked by the court if a parent is deemed unfit or neglects their duties (Art. 223).

  • Examples:**
  • Parents have the right to decide on their child’s school but must consider the child’s preferences as they get older (Art. 220(1) & Art. 211).
  • A single mother has full parental authority over her child after the father abandons them (Art. 212).
  • If parents cannot agree on how to discipline their teenager, they can seek court guidance (Art. 211 & Art. 223).
  • Grandparents can be granted parental authority if both parents pass away (Art. 214).
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35
Q

III. PERSONS AND FAMILY RELATIONS

  1. ## What is the primary difference between juridical capacity and capacity to act according to Article 37 of the Civil Code?
A

Answer: Juridical capacity is inherent and lost only through death, while capacity to act is acquired and may be lost.

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36
Q

III. PERSONS AND FAMILY RELATIONS

  1. Which of the following circumstances does NOT modify or limit capacity to act according to Article 39 of the Civil Code?
    a) Minority
    b) Insanity
    c) Proficiency in multiple languages
    d) Penalty
A
  • Answer: c) Proficiency in multiple languages
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37
Q

III. PERSONS AND FAMILY RELATIONS

  1. According to Article 38 of the Civil Code, which of the following conditions does NOT exempt an incapacitated person from certain obligations?
    a) Minority
    b) Insanity
    c) Civil interdiction
    d) State of being a deaf-mute
A
  • Answer: d) State of being a deaf-mute
38
Q

III. PERSONS AND FAMILY RELATIONS
5. True or False: Capacity to act is limited on account of religious belief or political opinion according to the Civil Code.

A
  • Answer: False
39
Q

III. PERSONS AND FAMILY RELATIONS
4. Under what circumstances is a married woman, twenty-one years of age or over, qualified for all acts of civil life according to the Civil Code?

A
  • Answer: When not specified by law otherwise
40
Q
  1. According to Article 40 of the Civil Code, what determines a person’s legal personality?
    a) Conception
    b) Birth
    c) Intra-uterine development
    d) Parental consent
A

Correct answer: b) Birth

41
Q
  1. Under Article 41, when is a foetus considered born for civil purposes?
    a) At the moment of conception
    b) After six months of intra-uterine life
    c) When it is delivered from the mother’s womb alive
    d) After twenty-four hours of intra-uterine development
A

Correct answer: c) When it is delivered from the mother’s womb alive

42
Q
  1. In what circumstance is a foetus not considered born under Article 41?
    a) If it dies within seven months of intra-uterine life
    b) If it dies within twenty-four hours after complete delivery
    c) If it is delivered by Caesarean section
    d) If it is born prematurely
A

Correct answer: b) If it dies within twenty-four hours after complete delivery

43
Q
  1. According to Article 42, how is civil personality extinguished?
    a) By marriage
    b) By birth
    c) By death
    d) By adoption
A

Correct answer: c) By death

44
Q
  1. What determines the effect of death on the rights and obligations of the deceased, as stated in Article 42?
    a) Personal preference
    b) Contractual agreements
    c) Legal provisions, contracts, and wills
    d) Family lineage
A

Correct answer: c) Legal provisions, contracts, and wills

45
Q
  1. What does Civil Code, Article 43 stipulate regarding the presumption of death?
    A) A person is presumed dead after two years of being unheard from.
    B) A person is presumed dead after four years of being unheard from, given certain circumstances.
    C) A person is presumed dead after one year of being unheard from, regardless of circumstances.
    D) A person is presumed dead after six years of being unheard from, without exceptions.
A

Correct Answer: B) A person is presumed dead after four years of being unheard from, given certain circumstances.

46
Q
  1. According to Rules of Court, Rule 131, Section 3, how can a person’s death be proven?
    A) Only through direct evidence such as a death certificate.
    B) Only through circumstantial evidence such as prolonged absence.
    C) Both through direct evidence and circumstantial evidence.
    D) None of the above.
A

Correct Answer: C) Both through direct evidence and circumstantial evidence.

47
Q
  1. Can the presumption of death outlined in Civil Code, Article 43 be easily challenged?
    A) Yes, it can be challenged with any form of evidence.
    B) No, it cannot be challenged once the four-year period has passed.
    C) Yes, it can be challenged through evidence to the contrary.
    D) No, it cannot be challenged under any circumstances.
A

Correct Answer: C) Yes, it can be challenged through evidence to the contrary.

48
Q
  1. In cases where two or more persons perish in the same event and there is uncertainty regarding who died first, what presumption does Civil Code Article 44 establish?
    A) The youngest person is presumed to have died first.
    B) They are presumed to have died at the same time.
    C) The oldest person is presumed to have died first.
    D) The person with the most assets is presumed to have died first.
A

Correct Answer: B) They are presumed to have died at the same time.

49
Q
  1. Under Civil Code Article 45, what happens to the estate of individuals if the order of deaths cannot be determined?
    A) It is divided equally among their surviving relatives.
    B) It is divided as if each person survived the other.
    C) It is awarded to the closest living relative.
    D) It is forfeited to the state.
A

Correct Answer: B) It is divided as if each person survived the other.

50
Q
  1. When there is no evidence to establish the order of deaths and the property rights of the deceased, what presumption applies according to Civil Code Article 46?
    A) The presumption of survivorship.
    B) The presumption of simultaneous death.
    C) The presumption of inheritance.
    D) The presumption of natural death.
A

Correct Answer: B) The presumption of simultaneous death.

51
Q
  1. In what circumstances does the presumption of simultaneous death apply, as clarified in Civil Code Article 47?
    A) Only when individuals are related by blood.
    B) Only when individuals are related by marriage.
    C) Only when individuals are related by adoption.
    D) Even when individuals are not related by blood, marriage, or adoption.
A

Correct Answer: D) Even when individuals are not related by blood, marriage, or adoption.

52
Q

What does Civil Code Article 44 establish regarding the presumption of survivorship in cases of uncertain death order?
A) It favors the individual with the most assets.
B) It assumes individuals died at different times.
C) It assumes individuals died at the same time.
D) It favors the youngest individual.

A

Correct Answer: C) It assumes individuals died at the same time.

53
Q

Question: In a whimsical turn of events, characters Professor Whimsy and Dr. Dizzy, renowned scientists, conduct a daring experiment involving time travel. Unfortunately, their experiment goes awry, and they both vanish without a trace. Now, their colleagues are puzzled over how to handle their research grants and patents.
Note they had designated each other as beneficiaries in their respective wills (or if the law stipulated that they inherit from one another due to their relationship).

What legal principle applies in this peculiar situation?

A

Answer: The principle outlined in Article 45 of the Civil Code comes into play in cases like this, where the order of deaths cannot be determined due to a common disaster or calamity. Since Professor Whimsy and Dr. Dizzy disappeared simultaneously due to the failed time travel experiment, their estates should be divided as if they survived one another. This ensures equitable distribution of their intellectual property rights and research assets among their respective heirs, despite the mysterious circumstances of their disappearance.

54
Q

Article 44:
Question: What entities are considered juridical persons according to Article 44 of the Civil Code?
a) Only private corporations
b) Only partnerships and associations
c) The State and its political subdivisions, corporations, institutions, and entities for public interest or purpose created by law, and private corporations, partnerships, and associations
d) None of the above

A

Answer: c) The State and its political subdivisions, corporations, institutions, and entities for public interest or purpose created by law, and private corporations, partnerships, and associations

54
Q

Article 45:
Question: How are juridical persons mentioned in Article 44 governed?
a) They are not governed by any laws
b) They are governed by laws unrelated to their creation or recognition
c) They are governed by the laws creating or recognizing them
d) They are governed by the laws applicable to natural persons

A

Answer: c) They are governed by the laws creating or recognizing them

55
Q

Article 46:
Question: What rights do juridical persons have according to Article 46?
a) Only the right to acquire property
b) Only the right to incur obligations
c) Only the right to bring criminal actions
d) The capacity to acquire and possess property, incur obligations, and bring civil or criminal actions in accordance with the laws and regulations of their organization

A

Answer: d) The capacity to acquire and possess property, incur obligations, and bring civil or criminal actions in accordance with the laws and regulations of their organization

56
Q

Article 47:
Question: What happens to the property and assets of dissolved corporations, institutions, or entities for public interest mentioned in Article 44?
a) They are distributed among the shareholders
b) They are disposed of in accordance with law or their charter
c) They are left abandoned
d) They are destroyed

A

Answer: b) They are disposed of in accordance with law or their charter

57
Q

Article 44:
Scenario:
In the bustling city of Legalese, Professor Legalia decides to start a new venture called Legally Awesome Corp. He gathers a group of friends, including Lawyer Larry and Entrepreneur Ellie, to discuss the formation of their company. Professor Legalia explains that according to Article 44 of the Civil Code, their corporation will be considered a juridical person separate from its shareholders, with its own legal personality.

Question:
What concept is Professor Legalia referring to when he mentions that Legally Awesome Corp will have its own legal personality, distinct from its shareholders?
a) Joint liability
b) Corporate veil
c) Juridical personhood
d) Limited liability

A

Answer: c) Juridical personhood

58
Q

Article 45:
Scenario:
In the sleepy town of Legaltown, a group of friends decides to form a partnership to open a small law firm. Lawyer Lisa, Accountant Alex, and Paralegal Paul discuss the legal implications of their partnership. Lawyer Lisa recalls that according to Article 45 of the Civil Code, their partnership will be governed by the laws applicable to partnerships, as opposed to private corporations.

Which set of laws will govern the partnership formed by Lawyer Lisa, Accountant Alex, and Paralegal Paul, as per Article 45 of the Civil Code?
a) Laws applicable to private corporations
b) Laws applicable to natural persons
c) Laws concerning juridical persons
d) Laws applicable to partnerships

A

Answer: d) Laws applicable to partnerships

59
Q

Article 46:
Scenario:
In the town of Legalville, Legal Eagle Corp, a newly formed legal services company, is preparing to acquire office space for its operations. Legal Eagle Corp’s CEO, Cathy, is thrilled about the company’s prospects. She recalls that according to Article 46 of the Civil Code, juridical persons like Legal Eagle Corp have the capacity to acquire and possess property, incur obligations, and bring legal actions in accordance with the laws and regulations governing their organization.

Question:
What rights and capacities does Legal Eagle Corp possess as a juridical person, as outlined in Article 46 of the Civil Code?
a) Only the right to acquire and possess property
b) Only the capacity to bring legal actions
c) Only the capacity to incur obligations
d) The capacity to acquire and possess property, incur obligations, and bring legal actions in accordance with the laws and regulations governing their organization

A

Answer: d) The capacity to acquire and possess property, incur obligations, and bring legal actions in accordance with the laws and regulations governing their organization

60
Q

Article 47:
Scenario:
In the village of Legaland, Legally Minded Institute, a nonprofit organization dedicated to legal education, faces financial difficulties and decides to dissolve. The members of the institute, including Professor Pete and Paralegal Pam, discuss what will happen to the institute’s assets. They remember that according to Article 47 of the Civil Code, upon dissolution, the institute’s property and assets will be disposed of in accordance with the law or their charter.

Question:
What will happen to Legally Minded Institute’s property and assets upon its dissolution, as per Article 47 of the Civil Code?
a) They will be distributed among the members
b) They will be disposed of in accordance with the law or their charter
c) They will be left abandoned
d) They will be transferred to the government

A

Answer: b) They will be disposed of in accordance with the law or their charter

61
Q

III. PERSONS AND FAMILY RELATIONS

D. Surnames

(Civil Code, arts. 364-380; -
Family Code, arts. 176, 189 and 193; - STATE THE RULES
R.A. No. 9048; R.A. No. 10172)

A

Surnames for Illegitimate Children and Adopted Children:
These articles outline the rules regarding surnames for illegitimate children and adopted children:

Illegitimate Children (Article 176):
Surname: Use their mother’s surname.

Adopted Children (Article 189):
Upon adoption: They gain the right to use the adopters’ surname as if they were their biological children.

Rescission of Adoption (Article 193):
If the adoption is judicially rescinded (legally cancelled):
The child loses the right to use the adopters’ surname.
They revert to their surname before adoption.

Remember:
These are general rules, and specific situations might have exceptions.
These articles might be part of a larger legal code governing other aspects of family law and inheritance.

Example:
Maria, an illegitimate child, uses her mother’s surname, Garcia.
If Maria is adopted by the Johnson family, she can legally use the surname “Johnson.”
However, if the adoption is later rescinded, Maria would lose the right to use “Johnson” and would need to use her original surname, “Garcia,” again.

62
Q

III. PERSONS AND FAMILY RELATIONS

D. Surnames

(Civil Code, arts. 364-380; -
Family Code, arts. 176, 189 and 193;
R.A. No. 9048; R.A. No. 10172) - STATE THE RULES

A

Summary of the Act: Correcting Entries and Changing First Names/Nicknames in the Civil Register (Focus on Name-Related Rules)
This Act allows corrections of clerical or typographical errors and changes of first names or nicknames in the civil register without needing a court order. However, it doesn’t apply to changing surnames.

Who can file:
Anyone with a direct interest in the correction/change.
Petitions can be filed:
In person at the local civil registry office where the record is kept.
If residing elsewhere, with the local civil registry where they currently live (they’ll communicate with the original office).
For Filipinos abroad, with the nearest Philippine Consulate.

Allowed changes:
Correcting mistakes: Fixing typos, misspellings, or errors in information like birthplace in the civil registry.
Changing first name or nickname: This is allowed if:
The current name is considered ridiculous, offensive, or difficult to use.
The new name has been consistently used by the petitioner and is widely known within their community.
The change avoids confusion.

Process:
File a petition with supporting documents (e.g., certified copy of the record, proof of the correct information).
The petition goes through a review and posting process.
The city/municipal civil registrar or consul general decides and informs the petitioner.
The Civil Registrar General can object within 10 days if the change significantly affects civil status or the reason doesn’t meet the allowed grounds.
Penalties: Violating the Act can lead to imprisonment and fines.

Example:
Maria Santos has a typo in her birth certificate (birthplace misspelled). She can file a petition to correct this error with the local civil registry office.
John Cruz wants to change his nickname “JJ” to “John Jr.” because “JJ” is no longer appropriate for his age. He can petition the civil registry office if he can show consistent use of “John Jr.” and community recognition by this name.

63
Q

III. PERSONS AND FAMILY RELATIONS

E. Absentees

(Civil Code, arts. 381-396)

What must be completed for Declaration of absence?

A

These articles explain how someone can be declared legally “absent” after a significant period of being missing:

Requirements for declaration of absence:
Time Period:
2 years: If there’s no news about the missing person or since the last news was received.
5 years: If the missing person left someone managing their property.

Who can request the declaration:
The missing person’s spouse (if present).
Heirs named in a valid will (with proof).
Family members who would inherit if the person were deceased.
Anyone with a legal right to the missing person’s property, conditional upon their presumed death.

Process and Effect:
If the above conditions are met, a court can declare the person legally “absent” after a petition is filed.
This declaration becomes effective 6 months after publication in a major newspaper.

Example:
Maria Garcia went missing 3 years ago, leaving no word and no one managing her property. Her brother, Antonio, worries about her and wants to handle her affairs responsibly.
Antonio can petition the court to declare Maria legally absent. If the court approves, this declaration would become effective 6 months after being published in a newspaper. This allows Antonio to manage Maria’s property legally until her status changes (either reappearing or being declared presumed dead).

64
Q

III. PERSONS AND FAMILY RELATIONS

E. Absentees

(Civil Code, arts. 381-396)

What are the procedures for managing the property of a missing person?

A

These articles establish procedures for handling a missing person’s property and the legal consequences of their prolonged absence:

Managing the Property (Articles 387-389):
Administering the property:
A representative is appointed to manage the missing person’s property, similar to the process for an absent spouse (Article 383).
The spouse managing the property cannot sell or encumber it without court approval (Article 388).

Ending the administration:
The administration ends if:
The missing person reappears.
Their death is proven, and heirs appear (with a will or through inheritance laws).
Someone else proves ownership of the property through legal documents.

Presumption of Death (Articles 390-391):
Presumed dead after 7 years: If no news is received for 7 years, the missing person is presumed dead for most legal purposes (except inheritance).
Opening succession: Their inheritance can only be distributed after 10 years (or 5 years if they disappeared over 75 years old).

Exceptions for quicker presumption:
If they were on a lost ship or plane and unheard of for 4 years.
If they were missing in military service for 4 years.
If they faced a life-threatening situation and haven’t been heard of for 4 years.
** reappearing after being presumed dead (Article 392):**

The missing person can reclaim their remaining property in its current state.
They cannot claim any income or rents collected during their absence.

Impact on Contingent Rights (Articles 393-396):
Someone claiming rights based on the missing person’s existence must prove they were alive at the crucial time.
If the missing person is presumed dead, their share of inheritance goes to their co-heirs (unless they have their own heirs or representatives).
Co-heirs must create an inventory of the property.
The missing person or their representatives can still claim their inheritance rights later, unless the usual time limits for claiming such rights have passed.

Example:
Daniel Garcia went missing 8 years ago. His wife, Maria, is appointed to manage his property. After 10 years, with no news from Daniel, Maria petitions the court to declare him presumed dead. The court approves, and Maria, along with Daniel’s siblings (his co-heirs), inherit his property according to his will.
If Daniel reappears later, he cannot claim the distributed inheritance from his co-heirs. However, he can claim any remaining property in its current condition and potentially pursue any rights that haven’t expired due to time limits.

65
Q

DEFINE MARRIAGE

A

Based on the provided articles from the Philippine Family Code, marriage can be understood from two perspectives:

  1. Legal Definition (Article 1):
    Marriage is a special contract between a man and a woman established according to law.
    It creates a permanent union for the purpose of forming a conjugal and family life.
    It’s considered the foundation of the family and a fundamental social institution.
    Its nature, consequences, and characteristics are governed by law and cannot be freely changed, except for property arrangements within legal limits through a marriage settlement.
  2. Simplified Explanation:
    Marriage is a legally recognized union between a man and a woman, established through specific procedures and formalities, aiming to create a lasting partnership for building a family life.

It’s important to remember that this definition is specific to the Philippine Family Code and may differ based on cultural, religious, and legal viewpoints in other contexts

66
Q

III. PERSONS AND FAMILY RELATIONS

F. Marriage; General Principles

(Family Code, art. 1)
*Exclude: Muslim Code (P.D. No. 1083)

  1. Essential and Formal Requisites -

– Family Code, arts. 1-3, 5-11, 20-21, 26 and 31-35
*Exclude: Duties of a Civil Registrar – Family Code, arts. 12-19 and 23-25

What are the rules for the validity of a Marriage License?

A

Key Points about Marriage Licenses and Validity (Articles 20, 21, and 26):
1. Marriage License (Article 20):
A marriage license is valid for 120 days from the date of issuance.
If the marriage doesn’t occur within 120 days, the license automatically expires.
The expiry date is clearly marked on the license.

Example:
A couple obtains a marriage license on February 1st. The license is valid until May 31st of the same year. If they don’t get married by then, they’ll need a new license.

  1. Foreigners Getting Married in the Philippines (Article 21):
    If either partner is a foreign citizen, they need a certificate of legal capacity to marry from their embassy or consulate.
    Stateless persons or refugees can submit an affidavit stating they are legally able to marry.

Example:
John, a US citizen, wants to marry Maria, a Filipino citizen, in the Philippines. John needs a certificate from the US embassy confirming he can legally marry.

  1. Marriages Abroad (Article 26):
    Marriages performed outside the Philippines are generally recognized as valid in the Philippines if they follow the laws of the country where they happened.
    Exceptions: Marriages prohibited under specific Philippine laws (e.g., bigamy, marriages between close relatives) are not recognized even if valid abroad.
    Divorce: If a Filipino citizen is married to a foreigner who obtains a valid divorce abroad allowing them to remarry, the Filipino spouse can also remarry under Philippine law.

Example:
Sarah, a Filipina, married David, a British citizen, in the UK following their local laws. Their marriage is likely considered valid in the Philippines.
If David later obtains a valid divorce in the UK, allowing him to remarry, Sarah would also be able to remarry under Philippine law due to this exception.

67
Q

What are the exceptions to the REQUIREMENT: MARRIGE LICENSE? EXPLAIN

A

Exceptions to the Usual Marriage License Requirement (Articles 31-34):
While a marriage license is typically required, there are some exceptions:

  1. Marriages in danger of death (articulo mortis) (Articles 31 & 32):

These can be solemnized by:
Ship captain or airplane pilot: During travel or stopovers.
Military commander: In war zones, for both military and civilians.
Example:

Two passengers on a ship experience a medical emergency, and one proposes to the other fearing they may not survive. The ship captain can solemnize their marriage in this exceptional circumstance.
2. Marriages among certain communities (Article 33):

Marriages among Muslims or specific ethnic cultural communities might be valid without a license if performed according to their established customs or traditions.
Example:

A Muslim couple follows their traditional ceremony to get married, which might not involve a license but is recognized as valid under their community’s customs.
3. Marriages after living together (Article 34):

If a man and woman have cohabited (lived together) for at least 5 years and are legally eligible to marry (no existing marriages, etc.), they don’t need a license. They must:
Submit an affidavit stating this cohabitation before an authorized person.
Have the officiating officer verify their eligibility and absence of legal impediments.
Example:

A couple has been living together for 7 years and decides to get married. If they meet the requirements and fulfill the affidavit and verification process, they can proceed without a license.

68
Q

What are the void marriages?

A

Summary of Article 35: Marriages Void from the Beginning (with Examples from Philippine Jurisprudence)

This article outlines six types of marriages considered void from the outset, meaning they have no legal effect even if a ceremony took place.

  1. Underage marriage (even with parental consent):
    Example: A 16-year-old girl gets married with her parents’ consent. The marriage is void due to her age. (Republic vs. Court of Appeals, G.R. No. 126325, September 27, 1999)
  2. Solemnized by unauthorized person (unless good faith belief):
    Example: A couple gets married by a friend pretending to be a priest. The marriage is void unless they genuinely believed the friend had the legal authority. (People vs. De Guzman, G.R. No. L-42117, May 31, 1978)
  3. Marriage without a license (except for exceptions):
    Example: A couple in a situation not covered by the exceptions in Article 33 (e.g., not Muslim or living together for 5 years) gets married without a license. The marriage is void.
  4. Bigamous or polygamous marriages:
    Example: A married man attempts to marry another woman. This second marriage is void as bigamy is illegal in the Philippines. (Republic vs. Court of Appeals, G.R. No. 122272, July 12, 1999)
  5. Mistake about identity:
    Example: A woman is tricked into marrying someone pretending to be another person. The marriage is void due to her mistaken identity of the partner. (Republic vs. Court of Appeals, G.R. No. 138222, April 10, 2002)
  6. Subsequent marriages during subsistence of a previous undissolved marriage:
    Example: A married person, without legally dissolving their first marriage, attempts to marry someone else. This second marriage is void. (Santos vs. Court of Appeals, G.R. No. L-35042, December 29, 1972)
69
Q

III. PERSONS AND FAMILY RELATIONS

I. Voidable Marriages; Effects and Remedies (Family Code, arts. 45-54)
*Exclude: A.M. No. 02-11-10-SC and R.A. No. 6955

What are the effects of a voidable marriage?
Explain remedies available of a voidable marriage.

A

A. Effects and B. Remedies of a Voidable Marriage in the Philippines:

A. Effects (Art. 49-52):
Financial and property consequences: Similar to void marriages, annulled marriages involve property division (Art. 50) and determining the “presumptive legitimes” (advance inheritance) for children (Art. 51). Debts and creditors are also considered (Art. 50).
Custody and support: During the annulment process and in the absence of a written agreement, the court decides on spousal support and the custody and support of children, prioritizing their well-being and preferences (Art. 49).
Registration: The final judgment of annulment, property division, and children’s provisions must be registered to be legally binding (Art. 52).

B. Remedies (Art. 47):
Who can file and when: Each ground for annulment has a specific person authorized to file and a timeframe (e.g., spouse within 5 years of discovering fraud).
Example: A wife discovers her husband concealed a criminal conviction (fraud) after 4 years of marriage. She can file for annulment within 1 year (remaining year from the 5-year limit).
State involvement: The court appoints a prosecutor to prevent collusion (fake agreements) and ensure fair evidence handling (Art. 48).
Remarriage: After a final judgment of annulment and complying with registration requirements, both former spouses can remarry (Art. 53).

70
Q

explain the Ban on Donations between Spouses - rules

A

Prohibition on Donations Between Spouses in the Digital Age (Art. 87)

Rule: Article 87 of the Family Code of the Philippines prohibits any donation or grant of gratuitous advantage (direct or indirect) between spouses during the marriage.
Exceptions exist for moderate gifts on occasions of family rejoicing. This applies equally to couples living together without a valid marriage.

Rationale:
Protecting Spouses: This rule safeguards spouses from undue influence or pressure, especially in situations where one spouse might be financially dominant. It ensures a fair and balanced financial footing within the marriage.
Maintaining Conjugal Partnership: Donations could undermine the concept of a shared marital estate (conjugal partnership) where property acquired during marriage belongs to both spouses.
Preventing Fraud: Prohibiting donations prevents one spouse from secretly transferring assets to avoid creditors or legal obligations.

Practical Application in the Digital Age:
Financial Transactions: Gifts of money through online transfers, virtual wallets, or cryptocurrencies fall under the rule.
Asset Transfers: Transferring ownership of digital assets like stocks, bonds, or NFTs held in online accounts could be considered a donation.
Expensive Digital Gifts: While the “moderate gifts” exception might apply to some digital purchases, excessive in-game item purchases or virtual gifts could be considered a void donation.

Example from Philippine Jurisprudence:
The case of G.R. No. 233365 (Teddy vs. Dely) exemplifies the application of Art. 87. Teddy and Dely were a common-law couple who jointly owned a property. Dely executed a document (Redemption Right Waiver - RRW) relinquishing her ownership rights to Teddy. The court ruled the RRW void as it constituted a donation between unmarried partners and violated Art. 87.

Digital Age Considerations:
Traceability: Digital transactions can be easier to trace, potentially aiding in identifying and challenging void donations.
Complexity: The evolving nature of digital assets might require further legal interpretations regarding ownership and transfer within marriage.

71
Q

III. PERSONS AND FAMILY RELATIONS

K. Property Relations Between Spouses (Family Code, arts. 74-81)

  1. Marriage Settlements – Family Code, arts. 75-81

b. Conjugal Partnership of Gains Regime – Family Code, arts. 105-133

Under CPG, what are the exclusive property?

A

Summary of Articles on Exclusive Property under Conjugal Partnership of Gains (CPG):
1. What’s considered “Exclusive Property” (Art. 109):
Owned before marriage: Property brought into the marriage by either spouse.
Acquired through gifts or inheritance: Property received by either spouse during the marriage through inheritance, donation, etc.
Acquired through specific means: Property obtained by redemption, barter, or exchange involving only one spouse’s property.
Purchased with individual funds: Property bought solely with the money of one spouse.
Example: John inherits a house during the marriage. This house remains his exclusive property.

  1. Management and Rights over Exclusive Property (Art. 110-112):
    Each spouse retains ownership, control, and enjoyment of their exclusive property.
    One spouse can temporarily transfer management of their exclusive property to the other through a legal document.
    Each spouse can sell, mortgage, or transfer their exclusive property without the other’s consent.
    Example: Mary allows John to manage her inherited stocks for a while. John can do so with a recorded legal document, but Mary retains ownership.
  2. Donations and Sharing (Art. 113):
    If property is donated or left to both spouses with specific shares, it becomes their exclusive property according to the designated shares.
    If no specific shares are mentioned, the property is divided equally (unless there’s a right of accretion, a legal inheritance right).
  3. Onerous Donations and Charges (Art. 114):
    If a donation to a spouse comes with conditions or obligations, the associated costs are covered by the receiving spouse’s exclusive property if the CPG already paid for them.
  4. Retirement Benefits and Similar Items (Art. 115):
    Retirement benefits, pensions, annuities, gratuities, usufructs (right to use another’s property), and similar benefits are treated differently depending on how they were acquired (gift, inheritance, etc.). Each situation requires individual legal evaluation.
72
Q

III. PERSONS AND FAMILY RELATIONS

K. Property Relations Between Spouses (Family Code, arts. 74-81)

  1. Marriage Settlements – Family Code, arts. 75-81

b. Conjugal Partnership of Gains Regime – Family Code, arts. 105-133

What is included and excluded in the CPG property? How is it dissolved?

A
  1. What’s Included and Excluded (Art. 109, 116-119):

Included:
Income and earnings: Wages, salaries, business profits, etc., earned by either spouse during the marriage.
Fruits from separate property: Rent from a spouse’s pre-marital house becomes part of the CPG.
Acquisitions through specific means: Property bought through exchange of only one spouse’s property belongs to the CPG.
Presumed: All property acquired during the marriage is presumed CPG unless proven otherwise.

Excluded:
Property owned before marriage: Each spouse keeps their pre-marital assets (e.g., inherited land).
Gifts and inheritances: Property received as gifts or inheritance by either spouse remains their exclusive property.
Debts and obligations: Debts incurred before marriage and personal expenses generally aren’t CPG liabilities.
Example: John inherits a house before marriage (excluded). He then starts a business with Mary during their marriage. The income from the business (included) goes into the CPG.

  1. Management and Rights (Art. 110-115):

Each spouse manages their exclusive property.
Temporary management transfer: One spouse can temporarily grant management of their exclusive property to the other through a legal document.
Individual control over exclusive property: Each spouse can sell or transfer their exclusive property without the other’s consent.
Retirement benefits: Treatment depends on how they were acquired (gift, inheritance, etc.).

  1. Dissolution and Liquidation (Art. 126-133):

CPG dissolves upon: Death, legal separation, marriage annulment, or judicial separation of property.
Inventory and accounting: All assets and debts are listed and valued.
Reimbursement: Spouses are reimbursed for personal funds used to acquire CPG assets or for the value of exclusive property used for the CPG.
Debt payment: CPG debts are paid first, then with remaining separate properties if needed.
Net profit division: Remaining assets are divided equally (unless agreed otherwise).
Example: Upon John and Mary’s divorce, their house bought during marriage (CPG) is sold. After paying off any CPG debts, the remaining money is split equally between them.

73
Q

Questions on Scenario 1: Mark and Lea are married under the Absolute Community regime. Mark inherits a significant amount of money during the marriage. Lea quits her job to manage their finances full-time. Later, they decide to separate.

Question 1: How will the money Mark inherited be classified?

A. It remains Mark’s exclusive property.
B. It becomes part of the absolute community and is subject to equal division.
C. Lea is entitled to a larger share due to her contribution as a homemaker.
D. The money will be divided based on the specific amount each spouse contributed after inheritance.

A

Absolute Community of Property (Philippines)

Answer: B (Art. 90, Family Code) - Under Absolute Community, all property acquired during the marriage (except exclusions) becomes part of the community property. Inheritance falls under this category.

74
Q

Scenario 2: Sarah and Michael are married under Absolute Community. Sarah uses her pre-marital savings to buy a car during the marriage. They both use the car regularly. After a few years, they get divorced.

Question 2: Who owns the car?

A. Sarah retains full ownership of the car.
B. Michael gets ownership because they used it together.
C. The car becomes co-owned by Sarah and Michael upon registration.
D. The car is considered community property subject to division.

A

Absolute Community of Property (Philippines)

Answer: D (Art. 90, 92 Family Code) - Although Sarah used her separate funds, property acquired during the marriage (like the car) becomes part of the community property.

75
Q

Scenario 3: During their marriage under Absolute Community, Bea takes a loan to open a flower shop. The business flourishes, but Bea secretly uses some of the profits for gambling debts. They later separate.

Question 3: How will the gambling debts be addressed during the liquidation of their assets?

A. Bea is solely responsible for the gambling debts.
B. The gambling debts are deducted from Bea’s share of the community property.
C. The community property is not liable for Bea’s personal debts.
D. The gambling debts become a shared obligation deducted from the total assets.

A

Absolute Community of Property (Philippines)

Answer: D (Art. 96 Family Code) - Community debts are covered by community property assets first. Bea’s gambling debts, although a personal expense, become a shared obligation as they reduce the total community assets.

76
Q

Scenario 4 (Tests Interpretation of the Law): Daniel and Carla are married under Absolute Community. Daniel, without Carla’s knowledge, uses their community funds to buy a condo unit and puts the title solely under his name. Carla discovers this later.

Question 4: Can Carla claim ownership rights over the condo unit?

A. No, the condo unit belongs solely to Daniel as the title is under his name.
B. Yes, Carla can claim ownership rights because it was bought with community funds.
C. Carla can only claim ownership if she can prove she contributed more funds.
D. Daniel can keep the condo but needs to compensate Carla for half of its value.

A

Absolute Community of Property (Philippines)

Answer: B (Art. 90 Family Code) - The condo unit, despite being titled under Daniel’s name, is still considered community property because it was acquired with community funds. Carla has ownership rights.

77
Q

Scenario 5 (Tests Knowledge of Exceptions): Elsa and James are married under Absolute Community. James receives a gift of a rare painting from his grandmother.

Question 5: Does the painting become part of the community property?

A. Yes, all gifts received during the marriage are community property.
B. No, the painting remains James’ exclusive property as it is a gift.
C. The painting becomes community property only if it is sold during the marriage.
D. James needs to get Elsa’s consent before keeping the painting.

A

Absolute Community of Property (Philippines)

Answer: B (Art. 92 Family Code) - The painting is an exception to the absolute community rule. Property acquired through gratuitous title (gifts, inheritance) remains the separate property of the receiving spouse.

78
Q

Scenario 6 (Tests Knowledge of Specific Articles): After 10 years of marriage under Absolute Community, Gina finds out that Miguel has been hiding income from his side hustle. Gina wants to sue Miguel for hiding marital assets.

Question 6: Under which Article of the Family Code can Gina potentially base her lawsuit?

A. Article 88 - Formation and Termination of Absolute Community
B. Article 90 - Community Property
C. Article 94 - Management and Debts
D. Article 105 - Choosing Conjugal Partnership of Gains

A

Absolute Community of Property (Philippines)

Answer: C (Art. 94 Family Code) - Article 94 covers the management of community property.

79
Q

Scenario 1: Lisa and Mark are married under the Conjugal Partnership of Gains (CPG) regime. Lisa inherits a stock portfolio before the marriage. During the marriage, the stock portfolio generates significant dividends.

Question 1: How will the dividends from the stock portfolio be classified?

A. It remains Lisa’s exclusive property.
B. The dividends become part of the conjugal partnership and are subject to equal division.
C. Mark is entitled to a share of the dividends due to his contribution to the marriage.
D. The classification depends on whether the dividends were reinvested in the stock portfolio.

A

CPG

Answer: A (Art. 109 & 113 Family Code) - The stock portfolio is Lisa’s exclusive property (pre-marital inheritance). Dividends are considered “fruits” of exclusive property and remain hers (Art. 113).

80
Q

Scenario 2: During their CPG marriage, Daniel uses his salary to buy a car and registers it solely under his name. Later, they decide to sell the car for a profit.

Question 2: Who owns the profit from the sale of the car?

A. Daniel owns the entire profit because the car was registered under his name.
B. The profit is divided equally between Daniel and his spouse.
C. Daniel gets a larger share of the profit since he used his salary to buy the car.
D. The profit depends on who initiated the sale of the car.

A

CPG

Answer: B (Art. 106 & 117 Family Code) - Although Daniel bought the car, it’s presumed to be conjugal property as it was acquired during the marriage (Art. 116). The profit from the sale becomes part of the conjugal partnership and is divided equally (Art. 106 & 117).

81
Q

Scenario 3 (Tests Knowledge of Specific Articles): Ben and Bea are married under CPG. Bea secretly uses her salary to pay for a professional development course to improve her career prospects.

Question 3: Can Ben claim reimbursement for the cost of the course from the conjugal funds?

A. No, Bea’s self-improvement expenses cannot be charged to the conjugal partnership.
B. Yes, Ben can claim reimbursement if the course improves Bea’s earning potential for the family.
C. Bea needs to get Ben’s consent before using conjugal funds for such expenses.
D. The answer depends on whether the course is accredited by a government agency.

A

CPG

Answer: A (Art. 121 Family Code) - While self-improvement expenses can be a charge on the conjugal partnership (Art. 121(6)), the key is that the benefit should be for the family. Here, Bea’s course primarily benefits her career.

82
Q

Scenario 4 (Tests Interpretation of the Law): During their CPG marriage, Carla wins a significant amount of money in the lottery. She deposits the money in a separate bank account under her name only.

Question 4: Does the lottery win become part of the conjugal partnership property?

A. No, the lottery win remains Carla’s exclusive property as winnings from gambling are excluded.
B. Yes, the lottery win becomes part of the conjugal partnership and is subject to equal division.
C. Carla can choose to keep the winnings as her exclusive property but needs to inform her spouse.
D. The answer depends on how Carla uses the lottery winnings.

A

CPG

Answer: A (Art. 109(7) & 117(7) Family Code) - Winnings from gambling or betting are excluded from the conjugal partnership and remain the exclusive property of the winning spouse (Art. 109(7) & 117(7)).

83
Q

Scenario 5 (Tests Knowledge of Spousal Consent): Under CPG, Miguel wants to donate a significant amount of money from their conjugal funds to charity.

Question 5: Does Miguel need his spouse’s consent before making the donation?

A. No, Miguel can donate any amount from the conjugal funds without his spouse’s consent.
B. Yes, Miguel needs his spouse’s consent for any donation from the conjugal funds.
C. Miguel can donate a moderate amount without consent, but needs approval for larger donations.
D. The answer depends on the specific charity receiving the donation.

A

CPG

Answer: C (Art. 125 Family Code) - Spousal consent is generally required for donations of conjugal partnership property. However, moderate donations for charity are allowed without consent (Art. 125).

84
Q

Differences and Similarities between Judicial Separation of Property (Art. 134-142) and Separation of Property Regime (Art. 143-146):

Discuss

A

While both Judicial Separation of Property and the Separation of Property Regime involve separate ownership and management of assets by spouses, they differ significantly in their initiation, applicability, and reversibility:

Trigger: Judicial Separation requires a court order due to specific reasons like abandonment or abuse (Art. 135) or voluntary agreement, while the Separation of Property Regime is established through a pre-marital agreement before marriage (Art. 143).
Applicability: Judicial Separation applies to existing marriages, while the Separation of Property Regime applies to future marriages.
Reversibility: Judicial Separation can be revived under specific circumstances like reconciliation (Art. 141), while the Separation of Property Regime cannot be directly reversed.

Despite these differences, both regimes share similarities:
Independent Management and Ownership: Spouses independently own and manage their separate property (Art. 145 & 142(1-4)).
Sharing Family Expenses: Spouses contribute proportionally or based on property value (Art. 146).
Joint and Several Liability: Both spouses are equally liable for family debts (Art. 146).

Example:
John and Mary are married under Absolute Community. John abandons Mary and their children. Mary can petition the court for judicial separation of property (Art. 135(4)). This separates their assets while they are still married. Later, if John reappears and they reconcile, they can petition to revive the Absolute Community (Art. 141(2)).
Mark and Leah are planning to get married. They choose the separation of property regime through a prenuptial agreement (Art. 143). This means each spouse keeps their finances separate throughout the marriage and cannot be revived later.

85
Q

III. PERSONS AND FAMILY RELATIONS

P. Parental Authority

(Family Code, arts. 209-233)
*Exclude: A.M. No. 03-02-05-SC; A.M. No. 03-04-04-SC; R.A. No. 8972, as
amended; R.A. No. 8980; R.A. No. 9231

When is parental authority suspended or terminated?

A

Termination and Suspension of Parental Authority in the Philippines (Family Code Articles 228-233)

These articles outline the situations where parental authority can end or be temporarily suspended.

1) Complete Termination:**
* Parental authority permanently ends upon the death of either the parent(s) or the child (Art. 228(1) & (2)).
* Emancipation (granting a minor legal independence) also terminates parental authority (Art. 228(3)).

2) Termination Unless Reinstated:**
* Adoption of the child by another family severs the biological parents’ parental authority (Art. 229(1)).
* Appointing a general guardian (someone managing the child’s property) terminates parental authority (Art. 229(2)).
* Court declaration of abandonment by a parent permanently ends their authority (Art. 229(3)).
* A court judgment specifically removing parental authority terminates it (Art. 229(4)).
* If a parent is declared legally absent or incapacitated, their authority is terminated (Art. 229(5)).

3) Temporary Suspension:**
* Conviction of a crime with a penalty of civil interdiction (loss of certain rights) suspends parental authority (Art. 230). This is automatically reinstated after serving the sentence or receiving pardon/amnesty.
* The court can suspend parental authority if a parent:
* Abuses or mistreats the child (Art. 231(1)).
* Encourages negative behavior in the child (Art. 231(2)).
* Forces the child to beg (Art. 231(3)).
* Allows the child to be sexually abused (Art. 231(4) & Art. 232).
* If the court deems it necessary for the child’s welfare, they can terminate parental authority instead of suspension (Art. 231).
* Suspension or termination can be reversed if the reason is no longer a threat (Art. 231(5)).

4) Substitute Parental Authority:**
* When someone takes on substitute parental authority (grandparents, etc.), they have the same rights as biological parents over the child’s person (Art. 233(1)).
* Corporal punishment is strictly prohibited in schools and daycare centers, even for those with limited parental authority (Art. 233(2)).

5) Examples:**
* A parent who murders their spouse loses parental authority permanently (Art. 229(4)).
* If a child is adopted by their aunt and uncle, their biological parents’ authority ends (Art. 229(1)).
* A parent who continuously abuses their child might have their parental authority suspended or even terminated by the court (Art. 231).
* Grandparents with substitute parental authority can make decisions about the child’s daily life but cannot revoke their biological parents’ wills (Art. 233).

86
Q

What is parental authority

A

In Philippine law, parental authority is a legal concept enshrined in the Family Code (Executive Order No. 209) that outlines the rights and responsibilities parents have over their children. It encompasses a dual nature:

  • Rights: This includes the right to make decisions regarding the child’s upbringing, education, healthcare, and religious instruction.
  • Responsibilities: This involves the duty to care for the child’s physical, emotional, and moral well-being, provide for their basic needs, and ensure their proper development.

Key Points:

  • Joint Exercise: For legitimate children, parental authority is generally exercised jointly by both parents. In case of disagreement, the father’s decision prevails, unless a judicial order dictates otherwise.
  • Sole Exercise: For illegitimate children, parental authority is typically exercised solely by the mother, unless the father proves paternity and fights for shared authority.
  • Tender Age Rule: A child below seven years old cannot be separated from the mother, except under compelling reasons determined by the court.
  • Obligation Until Emancipation: Parental authority continues until a child reaches the age of majority (18 years old) or becomes emancipated (granted legal independence by the court).

In essence, parental authority in the Philippines strikes a balance between parental rights and the vital role parents play in shaping their children’s lives.

87
Q

What is parental authority of the school?

A

In the Philippines, parental authority of the school is a distinct concept from that of parents. It’s referred to as special parental authority and is defined in Article 218 of the Family Code (Executive Order No. 209).

Here’s a breakdown of the concept:

  • Granting Authority: The law grants schools, their administrators, teachers, or any entity engaged in childcare (like daycare centers) special parental authority over a minor child while under their supervision, instruction, or custody.
  • Scope of Authority: This special authority applies to all authorized school activities, whether inside or outside the school premises.
  • Responsibility for Safety: Schools essentially assume a role of temporary guardians, responsible for the child’s safety and well-being during these authorized activities.
  • Limits of Authority: It’s important to note that this special parental authority doesn’t supersede the rights and responsibilities of the child’s biological parents. The school’s authority is meant to complement and support parental authority within the designated school context.

Key Points:

  • Focus on Authorized Activities: The school’s special parental authority is limited to activities sanctioned by the school or parents.
  • Duty of Care: Schools have a legal obligation to take reasonable measures to ensure the child’s safety and well-being while under their supervision. This includes implementing safety protocols, proper supervision during activities, and addressing any concerns promptly.
  • Liability for Damages: Article 219 of the Family Code holds schools solidarily liable for damages caused by the acts or omissions of the unemancipated minor while under their supervision. This emphasizes the school’s responsibility in ensuring proper care and guidance.

In essence, the concept of special parental authority in the Philippines acknowledges the role schools play in a child’s life and holds them accountable for ensuring the child’s safety and well-being within the school environment.

88
Q

Who exercises parental authority?

A

In the Philippines, parental authority is primarily exercised by parents and, in specific situations, by schools with “special parental authority.” However, there can be other entities involved in situations where parental authority might be exercised, though to a lesser extent. Here’s a breakdown:

  • Guardians: A court-appointed guardian can exercise some aspects of parental authority over a minor if the parents are deemed unfit or unable to fulfill their responsibilities. This authority is granted by the court and is specific to the circumstances of the case.
  • Social Welfare Agencies: In cases of child neglect, abuse, or abandonment, the Department of Social Welfare and Development (DSWD) or other authorized social welfare agencies may intervene to protect the child. They may have temporary custody or authority over the child’s well-being while permanent solutions are sought (e.g., reuniting with parents or finding a guardian).
  • Emancipation: In rare cases, a minor can be granted legal independence (emancipation) by the court. This allows them to make their own decisions and removes parental authority from the parents. However, emancipation is a complex process and not readily granted.

Important to Remember:

  • These are exceptions to the general rule of parental authority.
  • The court plays a crucial role in determining the extent of authority granted to non-parental entities.
  • The primary goal is always to ensure the child’s best interests and well-being.

In conclusion, while parental authority in the Philippines rests primarily with parents and schools in specific contexts, courts, social welfare agencies, and in rare cases, emancipation can play a role in exceptional circumstances when the child’s well-being necessitates intervention.

89
Q

MCQ 1
Maria and Juan are married and have a joint bank account. Juan withdraws a large sum of money without Maria’s consent to invest in a business venture. The business fails. Which of the following is correct?

(A) Maria can hold Juan solely liable for the loss.
(B) Both Maria and Juan are equally liable for the loss.
(C) The loss should be borne by the joint bank account.
(D) Maria can file for legal separation based on this incident.

A

Answer: (B) Both Maria and Juan are equally liable for the loss.

Legal Basis: Under the principle of equal management of household affairs, both spouses are generally liable for debts incurred for the benefit of the family. This includes joint bank accounts.

90
Q

MCQ 2
A husband and wife decide to separate. The wife insists on keeping the family home as part of the property division. The husband refuses. Which of the following is correct?

(A) The wife has the absolute right to stay in the family home.
(B) The husband has the absolute right to decide on the fate of the family home.
(C) The court will decide on the matter based on the best interests of the family.
(D) The family home must be sold and the proceeds divided equally between the spouses.

A

Answer: (C) The court will decide on the matter based on the best interests of the family.

Legal Basis: The Family Code provides for the joint management of the family home. In case of disagreement, the court has the authority to intervene and decide on matters related to the family home based on the best interests of the family, considering factors such as custody of children and financial circumstances.

91
Q

MCQ 3
A husband refuses to support his wife and children despite having sufficient means. Which of the following actions can the wife take?

(A) She can file for legal separation.
(B) She can seek support through the courts.
(C) She can claim exclusive ownership of the family home.
(D) She can request the police to arrest her husband.

A

Answer: (B) She can seek support through the courts.

Legal Basis: The Family Code mandates mutual support between spouses. Failure to provide support is a ground for legal separation, but seeking support through the courts is a more immediate remedy. The wife can file a petition for support to compel the husband to fulfill his obligation.