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PERSONS AND FAMILY RELATIONS > PAFR Audio Lectures > Flashcards

PAFR Audio Lectures Flashcards

1
Q

Generality

A

Penal laws obligtory upon those who live or sojourn in the Philippines regardless of their nationality

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2
Q

Territoriality

A

Applicable and enforced upon all areas where Philippines has jurisdiction

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3
Q

American in the Philippines who committed a crime. Is he exempt?

A

No. because he is covered by the principle of generality

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4
Q

H&W married in Phils. H goes to HK and marries S. Bigamous?

But can H&S be held criminally liable in the Philippines?

A

Yes, bigamous.

No. Because of the principle of territoriality.

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5
Q

Exceptions to Article 14

A

International treaty laws

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6
Q

Nationality Principle

A

Family rights and duties, status, condition, or legal capacity shall be binding upon citizens of the Philippines even though living abroad

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7
Q

Does the Philippines recognize divorce?

A

No. It merely recognizes legal effects of a foreign divorce but not the divorce itself.

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8
Q

Article 26 (2) of FC

A

Divorce by foreign marriage. This is anchored on principle of reciprocity. Whatever the foreign law is or whatever are the legal effects of such laws, no more or no less shall be applied to the other spouse.

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9
Q

Republic v. Orbecido

A

Both H&W are Filipinos and got married in Phils. Wife went to US. Wife obtained US citizenship. The wife divorced husband who is in the Philippines. After divorcing the husband, wife got married to an American.

Husband filed a petition to be given the chance to remarry as well.

OSG: the law is very clear. Marriage between a Filipino and a foreigner only at the time of marriage. Principle of nationality.

SC: When the Filipina obtained US citizenship, she discarded her Filipino citizenship. Consequently, the nationality principle becomes broken. So when W obtained divorce and remarried, she did that as an American, not a Filipino. Hence, husband shall enjoy the same rights. Determination of citizenship of the parties is not on the time of the marriage but on the time that the decree of divorce was obtained by them.

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10
Q

Lex rei sitae

A

Article 16. Real and personal property is governed by law of situs or where it is situated.

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11
Q

Exceptions to Art. 16?

A

Matters on successional rights. This will depend on national law of the deceased.

a. order of succession
b. amount of successional rights
c. intrinsic validity of testamentary provisions
d. capacity to succeed

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12
Q

Will testaments automatically apply?

A

No. The Court would still have to check if the will is proper in form and in substance. (Probate of the will)

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13
Q

Renvoi problem

A

The doctrine literally means a referring back. Arises when there is a doubt on reference.
Ex. Nationality and domiciliary – refer back to the law of the 1st state

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14
Q

Christensen v. Garcia

A

If a California citizen dies domiciled in the Philippines. Article 16 (2) compels that Californian law be followed. Californian law refers back to laws of domiciliary. Single renvoi. If we refer it back to them, it would arise to a situation of “international football.”

Hence, it will depend on which country there will be a petition first. Only if there will be international football. But usually single renvoi prevails.

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15
Q

Lex loci celebrationis

A

Article 17. Extrinsic validity (forms and solemnities) shall be governed by the laws of the country where they are executed. Still, prohibitive laws under our laws shall not be appreciated in foreign countries.

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16
Q

Principle of ex territoriality

A

Even if the act is done abroad, still, if the said act is executed before Philippine diplomatic and consular officials, the solemnities of Philippine laws shall be observed.

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17
Q

Independent v. Separate Civil Action

A

Independent

  • Art. 32, 33, 34, and 2176 only
  • can proceed independently

Separate

  • everything else
  • either file after criminal case
  • or file this first but must be suspended when a criminal case is filed
  • or jointly
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18
Q

Rule 111, Sec. 3

A

Section 3. When civil action may proceeded independently. — In the cases provided for in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action. (3a)

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19
Q

Elements of a prejudicial question

A

(a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and (b) the resolution of such issue determines whether or not the criminal action may proceed.

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20
Q

What is a prejudicial question?

A

One which must be decided first before a criminal action may proceed.
One which arises in a case, the resolution of which question is a logical antecedent to the case.

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21
Q

H&W are married. Thereafter, H was assigned to work in the province. Miss S employed means to scare H to marry her. S&H marriage was attended by vitiated consent. Voidable marriage that can be questioned by petition for annulment of marriage.

H filed a petition for annulment. Later on, W learned of the marriage between H & S and filed a criminal case of bigamy against H&S.

You are counsel for H. File for a counter affidavit, the court orders. What will you do?

A

Immediately file a petition for the suspension of the criminal proceedings with existence of a valid prejudicial question as basis.

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22
Q

H&W are married. W is psychologically incapacitated. H assigned to province and fell in love with S. H immediately filed a petition for declaration of nullity of his marriage between H&W on grounds of psychological incapacity. Pending the petition for declaration of nullity, H marries S. When W learned that H married S, W filed a criminal case for bigamy between H&S.

Is there a valid prejudicial question?

A

None.

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23
Q

A&B are business partners. A filed a civil action for accounting and liquidation of the partnership properties. Thereafter, B filed a criminal case of estafa alleging that funds entrusted to A used them for other things. In this case, do we have a valid prejudicial question?

A

Yes. Kung mapapatunayan sa liquidation case na sa tama naggamit yung pera, wala sya criminal liability.

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24
Q

When can the petition for suspension of the criminal action by prejudicial question be filed?

A

As early as during the pendency of the preliminary investigation in the office of prosecutor or in court when action has already been filed for trial. Anytime before the prosecution rests its case.

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25
Q

Is it possible that a marriage be validly solemnized in groom - California, bride - Philippines via video call and priest is in Honolulu, Hawaii?

A

Art 3, par. 3 of FC

Personal declaration is clear enough to foreclose the possibility that marriage via video call can be possible.

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26
Q

Absence in formal requisite?

A

Void.

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27
Q

Marriage license released in questionable terms. Can we insist that marriage is void? Considering that marriage license was issued anyway.

A

No. So long as there is a marriage license presented to the solemnizing officer irrespective of how it was procured.

This is a mere irregularity and shall not affect validity of marriage. Party or parties responsible shall be held administratively liable.

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28
Q

What if walang original birth cert for marriage license?

A

Baptismal certificate or residence certificate (cedula) or sworn statement of two witnesses of legal age to attest that the parties are of legal age.

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29
Q

What will happen if either of the contracting parties was previously married? What do they need to present for application of marriage license?

A

Death cert (if namatay original spouse) or
Judicial decree of absolute nullity or
Judicial decree of annulment

*Judicial decree not the decision that would support the application for issuance of marriage license

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30
Q

If the contracting parties are between age 18-21, do they need parental consent?

A

Yes. Without this but still proceeded with marriage, marriage is voidable.

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31
Q

If between age 21-25, do they need parental advice?

A

Yes. If parent refuses or the parties failed to secure, issuance of marriage license will be delayed for 3 months from the end of the 10-day publication.

Same pag walang marriage counselling.

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32
Q

Should the local civil registrar be aware of a legal impediment, can he refuse to issue marriage license?

A

No. The duty of a local civil registrar is ministerial in nature. He has no discretion to deny such. He may, however, write down the impediments on the marriage license. Bahala na yung solemnizing officer. OR FILE A PETITION BEFORE THE RTC requesting for an issuance of a temporary restraining order or injunction to prevent their office from issuing said marriage license.

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33
Q

How many days is a marriage license valid?

A

120 days only.

34
Q

What will happen if one of the contracting parties is a foreigner? Is there any other requirement needed?

A
  • certificate of legal capacity to contract marriage issued by their respective diplomatic or consular officials
35
Q

What will happen if one the parties is stateless or is a refugee?

A

He shall submit an affidavit stating the circumstances that he is capacitated to contract said marriage.

36
Q

Marriage license v. Marriage Certificate

A

Marriage License
- one of the formal requisites of marriage

Marriage Certificate

  • best documentary evidence of marriage but not the only evidence to prove existence of marriage
  • testimony of witnesses, pictures to prove a ceremony before a solemnizing officer
37
Q

What are the exceptions in Article 26?

A 
35 (1)
- below 18
35 (4)
- bigamous or polygamous not falling under Art. 41 - absence of 4/2 years
35 (5)
- mistake of identity of the other
35 (6)
- void under Article 53 (if judgment of annulment, partition and distribution, delivery of presumptive legitimes not recorded in appropriate civil registry
36
- psychologically incapacitated
37
- incestuous relationships
38
- void by reason of public policy
38
Q

Ok so what are the instances falling under Article 26?

A

35(2)
- on matter of solemnizing authority
35(3)
- on matter of marriage license

39
Q

H is Japanese, W is FIlipino. Can Filipino file the divorce?

A

It was appreciated in Japan.
Yes, pwede ulit sya mag-asawa sa Philippines.

Article 26 (2) applies irrespective of who filed it first.

40
Q

What is the status of marriage if one of the essential or formal requisites are absent?

A

Void.

41
Q

Pag void marriage, what shall you file?

A

Petition for judicial declaration of nullity of marriage

42
Q

Pag voidable, what shall you file?

A

Petition for annulment

43
Q

Petition for annulment v. Petition for judicial declaration of nullity of marriage

A

PA
- for voidable marriages

PJDNM
- for void marriages4

44
Q

What are instances of void ab initio marriage?

A 
35 - BALBIS
Below 18
Authority to perform marriage
License
Bigamous
Identity - physical identity
Subsequent marriages void under Art. 53

36 - psychological incapacity
- shall be existing before the marriage already

37 - incestuous

38 - for reasons of public policy (exclusive)

45
Q

Explain the belief in good faith under Art. 35 (2)

A

It shall be anchored on a collorable legal basis.

46
Q

Why is psychological incapacity not defined by the law?

A

It shall be a very fluid legal concept.

47
Q

Who shall be your witnesses on grounds of psychological capacity?

A
  1. Client
  2. Psychologist or psychiatrist
  3. Someone who personally witnessed the psychological incapacity of that person - kasama sa household or relative
48
Q

Lewel Santos v. CA and Julia Rosario Abad Santos

A

Psychological incapacity cannot always apply to small quarrel matters. Art. 36 shall always be read in correlation to existing laws on marriage.

  • mutual obligation
  • intended for extreme health or mental conditions
49
Q

Chi Ming Choi v. CA

A

Inability to procreate can be grounds for psychological incapacity

50
Q

Republic v. Molina

A
  1. Burden of proof to to show the nullity of marriage belongs to plaintiff or petitioner and any doubt must be resolved in favor of the existence of the marriage and against its nullity
  2. The root cause of the psychological incapacity must be:
    a. medically or clinically identified
    b. alleged in the complaint or petition
    c. sufficiently proven by experts
    d. clearly explained in the decision
  3. The incapacity must be proven to be existing at the time of the celebration of marriage although manifestation may not have been perceivable at such time
  4. Incapacity must also be medically permanent or incurable. Must be relevant to assumptions of marital obligations
  5. Such illness must be great enough to bring about the disability of the party to assume the essential marital obligations
  6. Obligations must be those embraced by Articles 68-71 of FC And Art. 220-225 of FC in regard to parents and their children. Such non-compliance shall also be stated in petition, proven by evidence, and included in text of decision
  7. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling, should be given great respect by our courts
  8. Trial court must order the fiscal or prosecutor and solicitor general to appear as counsel for state - reasons must be written in certification and submitted to judge
51
Q

What to include in the Petition for psychological incapacity?

A

Juridical antecedents

  • at what point existing yung psychological incapacity
  • separation of parents, sexual assault, etc. what other reasons could have affected his growth path to have such psychological incapacity?
  • expert witness of psychologist or psychiatrist

Gravity

  • how grave in nature the psychological incapacity is
  • that bigger problems may erupt if such petition is not granted
  • violence, murder, etc.
  • to convince the court to declare the marriage void that it will not defeat the law

Incurability

  • respondent is unaware or in denial
  • or even if respondent is aware, the situation shows that there is no cure
  • conclusions drawn that it will be for the best interest of both husband and wife that the marriage be declared in nullity
  • can be relative to a spouse so okay lang to remarry
52
Q

Is there a proscription for action for nullity of marriage?

A

No. Even if marriage was celebrated prior to the effectivity of FC, they can still file for such petition.

53
Q

Exception to a bigamous and subsequent void marriage?

A

Article 41

  • absent spouse for 4 consecutive years and present spouse has well-founded belief that spouse is dead
  • accidents under Art. 391 - 2 years
  • declaration of presumptive death
  • not applicable to claim of death benefits
54
Q

Effects of termination of subsequent marriage?

A

Art. 43

55
Q

Voidable marriage?

A

Valid until annulled. When there is a defect in any of the essential requisites of marriage.
Art. 45

56
Q

H&W married for 3 years already. They can’t physically consummate marriage. H went to Roxas Blvd. and asked for a guest relations officer and it was a success lol so he came home to W immediately. Pero wala padin.

So can W file a petition for annulment?

A

Yes.

57
Q

H&W are high school classmates. When they graduated, wala na sila balita sa isa’t isa. W employee sa bank, gets a friend request from H and wants to be re-acquainted with W.

H is a seaman. They got married.
W found out about H’s sexual relations with men.

What to file?

A

Petition for annulment
- concealment of homosexuality
Alternative cause of action**in cases, you can apply as many laws as you can
- psychoogical incapacity

  • You must furnish a copy of this petiton for the OSG. Then he will deputize prosecutor. Then the court will ascertain if the petition is sufficient in form and substance. Summons will be sent to respondents. Respondent will be given 15 days to answer. Collusion investigation (if meron, automatic dismiss)

During the pendency of marriage, main concern of court is to protect the interest of minor child or innocent spouse.

Presentation of evidence.

Walang default default dito pag namiss yung pagfile ng answer because the sanctity of marriage will be maintained. Prosecutor will defend the State - social institution.

Final judgment shall provide for the liquidation, custody, delivery of presumptive legitimes.

Annotate yung decision saan nakaregister yung marriage, saan nakaregister yung properties affected by said decision rendered by the court.

58
Q

What is a presumptive legitime?

A

Legitime
- Reserved portion of a person’s estate which is by law, reserved in favor of the compulsory heirs except they are disinherited.

Presumptive legitime

  • amount of presumptive inheritance that the heir is entitled at that time that marriage is announced annulled
  • up to that point that marriage is dissolved only
59
Q

Are children conceived or born before the judgment of annulment or nullity of marriage legitimate?

A

Generally, they are illegitimate.
Except in instances cited in Art. 54
- Art. 36
- Art. 53

60
Q

Grounds for legal separation?

A

Art.55

61
Q

Grounds for denial of legal separation

A

Art. 56

  1. Condonation
  2. Consent
  3. Connivance
    - Volenti non fit iniuria is a common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict.
    - doctrine of unclean hand
    - corrupt consent
  4. in pari delicto
    - In pari delicto (potior/melior est conditio possidentis), Latin for “in equal fault (better is the condition of the possessor)”, is a legal term used to refer to two persons or entities who are equally at fault, whether the malfeasance in question is a crime or tort.
  5. Collusion between parties
    - corrupt agreement
62
Q

What is the rationale behind Art. 58?

A

“Cooling off period.” In hopes that the spouses can fix their issues internally.

Exceptions: temporary protective order - where there is danger to life or limb

63
Q

Effects of reconciliation?

A

Art. 66

64
Q

Marriage Privilege Rule

A

A husband cannot be examined for or against his wife without her consent nor a wife for or against her husband without his consent unless civil or criminal case against each other

65
Q

Marital Communication Rule

A

The H or W during marriage or afterwards cannot be examined without consent from each other.

66
Q

Instances that the court allows the spouse to live separately from each other

A

a. Vagabond or no fixed income
b. Maltreatment
c. Insists on immoderate or barbaric demands for sexual intercourse (marital rape law)
d. Threatened to leave
e. Concubinage and continuously indulges in such illicit relationships

67
Q

Why do you deserve that grade lolol

A

-

68
Q

If I am a non law practitioner, summarize what the new civil code is about

A

-

69
Q

What is a bigamous marriage?

A

-

70
Q

Conjugal property v. absolute community

A

-

71
Q

What did you learn from PAFR

A

-

72
Q

Case of Cagandahan and Silverio

A

-

73
Q

Declaration of nullity and annulment

A

-

74
Q

What is legal separation

A

-

75
Q

What is the civil code for a person without knowledge of the law

A

-

76
Q

Complete Separation of Property

A

-

77
Q

Molina Case

A

-

78
Q

Orbecideo Case

A

-

79
Q

Manalo Case

A

-

80
Q

Santos v. CA

A

-

81
Q

147 v. 148

A

-

PERSONS AND FAMILY RELATIONS (4 decks)

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