Marriage until Foreign Divorce Flashcards
1
Q
Define Marriage under Art. 1 of the Family Code
A
Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.
It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code
2
Q
Essential requisites of a marriage (2)
A
- Legal capacity of the contracting parties who must be a male and a female; and
- Consent freely given in the presence of the solemnizing officer
3
Q
Formal requisites of a marriage (3)
A
- Authority of the solemnizing officer
- A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
- A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age
4
Q
What happens when there is an absence of any of the essential or formal requisites of a marriage?
A
The marriage is rendered void ab initio, except when the either or both the contracting parties believed in good faith that the solemnizing officer had the legal authority to do so (Art. 35(2))
5
Q
What happens when there is a defect in any of the ESSENTIAL requisites of a marriage?
A
Marriage is voidable
6
Q
What happens when there is an irregularity in any of the FORMAL requisites of a marriage?
A
The marriage shall be valid however, the party or parties responsible for the irregularity shall be civilly, criminally, and administratively liable
7
Q
Under Art. 7 of the Family Code, who may solemnize a marriage? (6)
A
- Any incumbent member of the judiciary within the court’s jurisdiction;
- Any priest rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted him by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer’s church or religious sect
- Any ship captain or airplane chief in a marriage in articulo mortis
- Any military commander of a unit to which a CHAPLAIN is assigned, in the ABSENCE of the latter, during a MILITARY OPERATION, likewise only in a marriage in articulo mortis
- Any consul-general, consul or vice-consul of the Republic of the Philippines
- Municipal mayor (Under 1991 Local Government Code)
8
Q
Under Art. 10 of the Family Code, what duties are performed by the consular official with regards to the celebration of marriage? (2)
A
- Issuance of marriage license
- Duties of the local civil registrar and of the solemnizing officer
9
Q
What is a marriage in articulo mortis
A
It is a marriage when one of the parties to the marriage is at the point of death
10
Q
Under Art. 31 of the Family Code, marriage between what parties may a ship captain or the airplane pilot may solemnize?
A
Between passengers or crew members, provided that the ship is at sea or the plane is in flight, but also during stopovers at ports of call
11
Q
Under Art. 32 of the Family Code, who may solemnize the marriage between members of the armed forces or civilians within the zone of military operation?
A
A military commander of a unit, who is a commissioned officer, provided the chaplain assigned is absent
12
Q
Under Art. 9 of the Family Code, where shall the marriage license be issued?
A
It shall be issued by the local civil registar of the city or municipality where EITHER contracting party HABITUALLY RESIDES, except In marriages where no license is required
13
Q
Under Art. 11 of the Family Code, should each of the contracting parties file separately a sworn application for such license? If so, what should be specified in the application?
A
Each of the contracting parties shall file separately a sworn appliccation with the proper local civil registrar which shall specify the following:
1. Full name of the contracting party;
2. Place of birth;
3. Age and date of birth;
4. Civil Status;
5. If previously married, how, when and where the previous marriage was dissolved or annulled;
6. Present residence and citizenship
7. Degree of relationship of the contracting parties
8. Full name, residence and citizenship of the father
9. Full name, residence and citizenship of the mother; and
10. Full name, residence and citizehnship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one years
14
Q
In securing the marriage license, are the applicants, their parents or guardians required to exhibit their residence certificates?
A
No
15
Q
Under Art. 12 of the Family Code, after the local civil registrar receives the application for a marriage license, what is required to be presented?
A
Original birth certificate
If none, the baptismal certificates of the contracting parties
or copies of such documents duly attested by the persons having custody of the originals
16
Q
Under Art. 12 of the Family Code, are the birth certificates / batismal certificates or copies thereof need to be sworn to? And are they exempt from documentary stamp tax?
A
No, they do not need to be sworn to and;
Yes, they are exempt from documentary stamp tax
17
Q
Under Art. 12 of the Family Code, what suffices as sufficient proof of the authenticity of the birth/baptismal certificate?
A
Signature and official title of the person issuing the certificate
18
Q
Under Art. 12 of the Family Code, how many days must either of the contracting parties have their birth/baptismal certificate prior to the application for a marriage license?
A
15 Days
19
Q
Under Art. 12 of the Family Code, what may be used instead if the birth/baptismal ceritficates are absent?
A
Current residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to adminster oaths.
Such instrument shall contain the sworn declaration of two witnesses of legal age, setting forth the full name, residence and citizenship of such contracting party and of his or her parents, if known, and the place and date of birth of such party.
20
Q
Under Art. 12 of the Family Code, who are the preferred witnesses for when the birth/baptismal certificates are absent?
A
Nearest of kin of the contracting parties, or in their default, persons of good reputation in the province or the locality
21
Q
Under Art. 12 of the Family Code, under what circumstances is the presentation of birth/baptismal certificate not required? (2)
A
- When the parents of the contracting parties appear personally before the local civil registar and swear to the correctness of the lawful age of said parties, as stated in the application or;
- When the local civil registrar shall, by merely looking at the applicants upon their personally apeparing before him, be convinced that either or both of them have the required age
22
Q
Under Art. 13 of the Family Code, if either of the contracting parties have been previously married, what shall be furnished instead? (3)
A
- Death certificate of the deceased spouse or;
- Judicial decree of the absolute divorce or;
- Judicial decree of annulment or declaration of nullity of his or her previous marriage
If no death certificate, affidavit setting forth this circumstance and his or her actual civil status and the name and date of death of the deceased spouse
23
Q
Under Art. 14 of the Family Code, in case one of the parties are between the ages of 18-21, whose consent (in order of priority) is required?
A
- Father
- Mother
- Suriving parent or guardian
- Persons having legal charge of them
24
Q
Under Art. 14 of the Family Code, should the consent be in writing?
A
Yes. By the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to adminster oaths
25
Under Art. 15 of the Family Code, for parties between ages of 21-25, what are obliged of them?
Ask their parents or guardian for advice upon the intended marriage.
26
Under Art. 15 of the Family Code, if the advice is not obtained or if it be unfavorable, will the marriage license be issued?
The marriage license shall not be issued till after 3 months following the completion of the publication fo the application therefor.
27
Under Art. 15 of the Family Code, for parties between ages of 21-25, how is the advice shown in the application?
Through a sworn statement to the effect that such advice had been sought, together with the written advice given, shall be attached to the application for marriage license. If refused to give any advice, this fact shall be stated in the sworn statement
28
Under Art. 16 of the Family Code, for marriages where consent or advice is needed, is a certificate issued by a priest, imam or minister authorized to solemnize marriage or a marriage counsellor to the effect that the parties have undergone marriage counselling required?
Yes
29
Under Art. 16 of the Family Code, for marriages where consent or advice is needed, what happens if the certificate issued by the priest is not acquired?
It shall suspend the issuance of the marriage license for a period of 3 months from completion of the publication of the application
30
Under Art. 16 of the Family Code, for marriages where consent or advice is needed, if only one of the parties need parental consent or advice, should the other party be present at the counselling?
Yes
31
Under Art. 17 of the Family Code, for how many days will the local civil registar post the notice containing the full names and residences of the applicants for a marriage license?
10 consecutive days, after which the marriage license shall be issued
32
Under Art. 17 of the Family Code, for what purpose will the local civil registar post the notice containing the full names and residences of the applicants for a marriage license?
To request all persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof
33
Under Art. 18 of the Family Code, in case any impediment known to the local civil registar or brought to his attention, will the marriage license be not issued anymore?
No. It will still be issued however, the local civil registrar will note down the particulars thereof and his findings thereon in the application for the marriage license, unless ordered otherwise by a competent court or that of any interested party
34
Under Art. 19 of the Family Code can the local civil registrar require payment of the fees prescribed by law or regulations before the issuance of the marriage license? Is there an exception?
Yes. Provided no other sum shall be collected in the nature of a fee or tax of any kind.
Yes. It is free of charge for idigent parties
35
Under Art. 20 of the Family Code, where and for how long is the marriage license valid?
Any part of the Philippines and for a period of 120 days from the date of issue, it shall be deemed automatically cancelled at the expiration of said period if not yet used.
36
Under Art. 20 of the Family Code, will the expiry date of the marriage license be stamped in bold characters on the face of very license issued?
Yes
37
Under Art. 21 of the Family Code, what is required when either or both of the contracting parties are citizens of a foreign country?
Certificate of legal capacity to contract marriage, issued by their diplomatic or consular officials
38
Under Art. 21 of the Family Code, what is required when either or both of the contracting parties are stateless persons or refugees?
Affidavit stating the circumstances showing such capacity to contract marriage
39
Under Art. 22 of the Family Code, other than the parties declaring that they take each other as husband and wife, it shall also state the following: (7)
1. The full name, sex and age of each contracting party
2. Their citizenship, religion and habitual residence
3. The date and precise time of the celebration of the marriage
4. That the proper marriage license has been issued according to law
5. That either or both of the contracting parties have secured the parental consent in appriopriate cases
6. That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases
7. That the parties have entered into a marriage settlement, if any, attaching a copy thereof
40
Under Art. 23 of the Family Code, what is the duty of the person solemnizing the marriage? (2)
1. To furnish either of the contracting parties the original of the marriage certificate
2. To send the duplicate or triplicate copies of the certificate not later than 15 days after the marriage to the local civil registrar of the place where the marriage was solemnized
41
Under Art. 26 of the Family Code, in a marriage between a filipino citizen and a foreigner, when the alien spouse validly obtains a divorce abroad capacitating him or her to remarry, can the filipino spouse also have the capacity to remarry under Philippine law?
Yes
42
Under Art. 27 of the Family Code, if either or both of the contracting parties are at the point of death, is a marriage license still required? If that party survives, is still valid?
No, it is not required anymore.
Yes, it is still valid even if the ailing party subsequently survives
43
Under Art. 28 of the Family Code, if the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, is a marriage license still required?
No
44
Under Art. 33 of the Family Code, do marriages among Muslims still require a marriage license?
No, provided however, that they are solemnized in accordance with their customs, rites or practices
45
Under Art. 34 of the Family Code, when is the marriage license not required anymore?
When the man and a woman who have lived together for at least five(5) years and without any legal impediment to marry each other
46
Under Art. 34 of the Family Code, should the 5 years requirement be continuous meaning it was not broken?
Yes
47
Under PD 965 (Family Planning), what is required before the marriage license be issued?
Certificate issued by an Office of Family planning that they had received instructions and information on family planning and responsible parenthood
48
Under Art. 6 of the Family Code, what is the prescribed form or religious rite for the solemnization of the marriage?
No prescribed form is required. The only requirement is to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife
49
In a marriage in articulo mortis, can one of the witnesses to the marriage write the name of the party at the point of death?
Yes, which fact shall be attested by the solemnizing officer
50
Under Art. 8 of the Family Code, where shall the marriage be solemnized?
It shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office of the consul-general, consul or vice-consul, as the case may be
51
Exception under Art. 8 of the Family Code, regarding where the marriage shall be solemnized
Where BOTH of the parties request the solemnizing officer IN WRITING which case the marriage may be solemnized at a house or place designated by them IN A SWORN STATEMENT to that effect
52
Under Art. 220 of the Civil Code(repealed), what is the presumption of marriage?
In case of doubt, all presumptions favor the solidarity of the family
53
Under Sec. 3 (aa), Rule 131 of the Revised Rules of Court, what is the presumption of marriage?
That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage, provided this is uncontradicted. This may be contradicted and overcome by other evidence
54
Under Art. 35 of the Family Code, these marriages are void from the beginning: (6)
1. Those contracted by any party below eighteen (18) years of age even with the consent of parents or guardians;
2. Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
3. Those solemnized without a license; except those covered by the preceding Chapter
4. Those bigamous or polygamous marriages not falling under Art. 41;
5. Those contracted through mistake of one contracting party as to the identity of the other and;
6. Those subsequent marriages that are void under Art. 53
55
Under Art. 53 of the Family Code, what is required for the purpose of remarrying; otherwise, the subsequent marriage shall be null and void? (3)
Judgement of the following:
1. Annulment or of absolute nullity of the marriage
2. Partition and distribution of the properties of the spouses
3. Delivery of the children's presumptive legitimes
shall be RECORDED in the appropriate civil registry and registries of property (Art. 52 of the Family Code)
56
Under Art. 36 of the Family Code, when should the psychological incapacity be present for the marriage to be void?
At the time of the celebration of the marriage, even if such incapacity becomes manifest only after its solemnization
57
Under Art. 37 of the Family Code, marriages between the following are incestuous and therefore, void from the beginning, regardless if it be legitimate or illegitimate (2)
1. Between ascendants and descendants of any degree
2. Between brothers and sisters, whether of the full or half blood
58
Under Art. 38 of the Family Code, the following marriages shall be void from the beginning for reasons of public policy (9)
1. Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;
2. Between step-parents and step-children;
3. Between parents-in-law and children-in-law;
4. Between the adopting parent and the adopted child;
5. Between the surviving spouse of the adopting parent and the adopted child;
6. Between the surviving spouse of the adopted child and the adopter;
7. Between an adopted child and a legitimate child of the adopter;
8. Between the adopted children of the same adopter; and
9. Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse
59
Under Art. 41 of the Family Code, how many years is it required for the absentee to be absent before the present spouse can remarry?
4 consecutive years however, for the purposes of remarriage, the present spouse must institute a summary proceeding for the declaration of presumptive death of the absentee
60
Under Art. 41 of the Family Code, how many years is it required for the absentee to be absent for cases under Art. 391 of the Civil Code before the present spouse can remarry?
2 years shall be sufficient
61
Under Art. 44 of the Family Code, if both spouses of the subsequent marriage acted in bad faith, what happens to the marriage? To the donations by reason of marriage?
Marriage shall be void ab initio and the donations by reason of marriage and testamentary dispostions made by one in favor of the other are revoked by operation of law
62
Under Art. 27 of PD 1083 (Code of Muslim Personal Laws), up to how many wives at a time can a Muslim male have? And what is the requirement to have more than one?
Not more than four(4) at a time. No Muslim male can have more than one wife unless he can deal with them with equal companionship and just treatment as enjoined by Islamic law and only in exceptional cases
63
Under Art. 40 of the Family Code, is the judgment of absolute nullity of the previous marriage only required for the purpose of remarriage?
No. It can be invoked for any other purpose but for the person to be able to remarry, they must get a judgment of absolute nullity of the previous marriage first which is the sole basis to be able to remarry. See Domingo v. CA
64
Under Art. 39 of the Family Code, may the action or defense for the declaration of absolute nullity of a marriage prescribe?
No, it shall not prescribe
65
Under Art. 48 of the Family Code, may a stipulation of facts or confession of judgment suffice for all cases of annulment or declaration of absolute nullity of marriage?
No. The Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed
66
Under Art. 49 of the Family Code, when may the Court provide for the support of the pouses and custody and support of their common children?
In the absence of adequate provisions in a written agreement between the spouses
67
Under Art. 42 of the Family Code, when is the subsequent marriage terminated?
Upon the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio
68
Under Art. 42 of the Family Code, where shall a sworn statement of the fact and circumstances of reappearance be recorded?
In the civil registry of the residence of the parties to the SUBSEQUENT MARRIAGE
69
Under Art. 51 of the Family Code, as of what date shall the value of the presumptive legitimes of all common children be computed?
As of the date of the final judgment of the trial court
70
Under Art. 54 of the Family Code, are children conceived or born before the judgment of annlment or absolute nullity of the marriage under Art. 36 (Psych Incap) has become final and executory legitimate?
Yes
71
Under Art. 54 of the Family Code, are children conceived or born in the subsequent marriage under Art. 53 legitimate?
Yes
72
Under Art. 45 of the Family Code, these are grounds of annullment for any of the collowing causes, existing at the time of the marriage: (6)
1. That the party in whose behalf it is sought to have the marriage annuled was eighteen (18) years of age or over but below twenty-one (21), and the marriage was solemnized without the consent of the parents, guardian or person having subsitute parental authority over the party, in that order, unless after attaining the age of 21, such party freely cohabited with the other and both lived together as husband and wife
2. That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
3. That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife
4. That the consent of either party was obtained by force, intimidation or undue innfluence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife
5. That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
6. That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable
73
Under Art. 46 of the Family Code, any of these circumstances shall constitute as fraud refered to number 3 in Art. 45 of the Family Code (4)
1. Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
2. Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband
3. Concealmeany of a sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or
4. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage
74
Under Art. 47 of the Family Code, the action for annulment must be filed by the following persons: (6)
1. By the party whose parent or guardian did not give consent, within 5 years after attaining the age of 21, or by the parent or guardian, at any time before such party has reached 21
2. By the sane spouse who had no knowledge of the other's insanity; or by any relative or guardian, at any time before the death of either party; or by the insane spouse during a lucid interval or after regaining sanity
3. By the injured party, within 5 years after discovery of the fraud
4. By the injured party, within 5 years from the time the force, intimidation or undue influence disappeared or ceased;
5. By the injured party, within 5 years after the marriage
6. By the injured party, within 5 years after the marriage
75
Under Art. 50, what are the effects when a marriage is declared void ab initio or annuled by final judgment (5)
1. The Absolute Community of Property or Conjugal Partnership shall be dissolved, if either spouse acted in bad faith, his or her share in the net profits of the community property or the conjugal partnership shall be forfeited in favor of the common children, if none, children of the guilty spouse of a previous marriage, or in default still, the innocent spouse
2. Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law
3. The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy; even if such designation be stipulated as irrevocable;
4. The spouse who contracted the marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession
5, If both spouses acted in bad faith, all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law
76
Under 369 of the Civil Code, children conceived before the decree annulling a voidable marriage shall principally use the surname of which parent?
The father
77
Under 371 of the Civil Code, in case of annulment of marriage, what are the rules for the wife in using maiden names and surnames? (2)
1. If she is the guilty party, she SHALL resume her maiden name and surname
2. If she is the innocenty party, she MAY resume her maiden name and surname. However, she may choose to continue employing her former husband's surname, unless: (1) the Court decrees otherwise; or (2) She or the former husband is married again to another person
78
Under A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Marriages), who may file a petition for declaration of absolute nullity of void marriage? Where shall it be filed?
Solely by the husband or the wife
In the Family Court (Same for annulment)
79
Under Art. 55 of the Family Code, these are the grounds for legal separation (10)
1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner
2. Phyiscal violence or moral pressure to compel the petitioner to change religious or political affiliation
3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducment
4. Final judgment sentencing the respondent to imprisonment of more than 6 years, even if pardoned
5. Drug addiction or habitual alcoholism of the respondent
6. Lesbianism or homosexuality of the respondent
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad
8. Sexual infidelity or perversion
9. Attempt by the respondent against the life of the petitioner
10. Abandonment of petitioner by respondent without justifiable cause for more than one year
80
Under Art. 56 of the Family Code, these are the defenses for legal separation (6)
1. Where the aggrieved party has condoned the offense or act complained of
2. Where the aggrieved party has consented to the commission of the offense or act complained of
3. Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation
4. Where both aprties have given ground for legal separation
5. Where there is collusion between the parties to obtain the decree of legal separation; or
6. Where the action is barred by prescription
81
Under Art. 57 of the Family Code, within how many years shall an action for legal separation be filed?
5 years from the time of the occurrence of the cause
82
Under Art. 58 of the Family Code, for what period will an action for legal separation be not tried?
Before six months shall have elapsed since the filing of the petition
83
Under Art. 59 of the Family Code, when may the court decree a legal separation?
When after the Court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable
84
Under Art. 61 of the Family Code, when shall the spouses be entitled to live separately from each other
After the filing of the petition for legal separation
85
Under Art. 63 of the Family Code, these are the effects of the legal separation (4)
1. The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed
2. The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Art. 43(2)
3. The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Art. 213 of this Code; and
4. The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law
86
Under Art. 64 of the Family Code, what can the innocent spouse do with regards to donations and designation of the offending spouse as beneficiary in any insurance policy after the finality of the decree of legal separation(2)
1. Revoke the donations made by him or her in favor of the offending spouse
2. Revoke the designation of the offending spouse as a beneficiary in any insurance policy, even if such designation be stipulated as irrevocable
87
Under Art. 64 of the Family Code, when shall the revocation of or change in the designation of the insurance benficiary take effect?
Upon written notification by the insurer
88
Under Art. 64 of the Family Code, when shall action to revoke the donation be brought?
Within 5 years from the time the decree of legal separation has become final
89
Under Art. 213 of the Family Code, in case of legal separation, who has the parental authority of the child(ren)?
Parent designated by the Court
90
Under Art. 213 of the Family Code, in case of legal separation, the Court considers the best interest of the child(child's preference) over what years of age?
Over seven years of age, unless the parent chosen is unfit
91
Under Art. 213 of the Family Code,what is the tender years presumption?
It is a presumption that no child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise
92
Under Art. 213 of the Family Code, in the tender years presumption, what are considered compelling reasons to deem the mother unfit by the court? (4)
1. Insane
2. With a communicable disease that might endanger the life or health of the child
3. Is maltreating the child
4. Has another child by another man who lives with her
93
Under the tender years presumption, does prostitution or infidelity count as a compelling reason to deem the mother unfit to take care of the child?
No, unless it clearly shows that it adversely affects the life or health of the child
94
What are the advantages and disadvantages in the best interests standard when determining child custody?
Advantages:
1. It is centered on the child's developmental and psychological needs, rather than parental demands, social stereotypes, or legal tradition(most important advantage)
2. Potentially responsive to changing social or legal trends outside custody law
Disadvantages:
1. Lack of uniformity regarding which interests to consider
2. Disadvantages women by discounting the importance of primary care-taking
95
What are the advantages and disadvantages in the primary caretaker standard when determining child custody?
Advantages:
1. Favors women/mothers who do the primary caretaking activities
Disadvantages:
1. Ignores the qualitative characteristics of the relationship between the child and the primary caretaker
2. Disadvantages men for being the primary wage earner, even if their caretaking activities have been considerable
3. Psychological adjustment of the primary caretaker is not taken into account
96
What are the advantages and disadvantages in the child's preference standard when determining child custody?
Advantages:
Considers the preference of the child
Disadvantage:
No uniformity
97
Under Art. 65 of the Family Code, if the spouses should reconcile, what shall be filed with the court in the same proceeding for legal separation
Corresponding joint manifestation under oath duly signed by them
98
Under Art. 66 of the Family Code, these are the consequences in a reconciliation (2)
1. The legal separation proceedings, if still pending, shall be terminated at whatever stage
2. The final decree of legal separation shall be set aside, but the separation of property and any forefeiture of the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime.
The court's order containing the foregoing shall be recorded in the proper civil registries
99
Under Art. 67 of the Family Code, the agreement to revive the former property regime referred to in Art. 66, shall be executed under oath and shall specify: (3)
1. The properties to be contributed anew to the restored regime
2. Those to be retained as separated properties of each spouse
3. The names of all their known creditoes, their addreses and the amounts owning to each
100
Under Art. 43 of the Family Code, what are the effects of the termination of a subsequent marriage? (5)
1. The children of the subsequent marriage conceived prior to its termination shall be considered legitimate, and their custody and support in case of dispute shall be decided by the court in a proper proceeding
2. The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children, or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse
3. Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law
4. The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; and
5. The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse
LDDRI - Legitimate, Dissolved, Donations, Revoke, Inherit
