PFR Atty Gonzales 4thyr

7/24/2019 PFR Atty Gonzales 4thyr

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marriage-

- special contract

- Permanent union

- Between man and woman

- Entered into an accordance with law

- For the establishment of conjugal and

family life

Aspects : -- 1. as a contract :

- only man and woman can enter

- permanent- only death can extinguish

- rights and obligations not subject to

stipulations but xed by law

except- marriage settlement on

property regime.

- breach results in penal and civil sanctions.

As a status-

- inviolable social institution

- foundation of family

- institution of public order or policy

- implication in two elds-

personal rights

property relations

Requisites :

-essential-

. Legal capacity of parties, 18 age,male and female

no impidements in !" or !#

$. consent freely given

in the presence of solemni%ing o&cer.

-formal-

!. Authority of solemnizing ocer

!. "arriage ceremony # no form or rites

required$

appearance of parties before solemni%ing o&cerpersonal declaration that they ta'e each other as husband or wife

in presence of two witnesses of legal age.

( )f there was no marriage ceremony* as when the parties merely signed a marriage contract

without the presence of the solemni%ing o&cer* there is no marriage to spea' of* since there is

no actual marriage ceremony performed between the parties by the solemni%ing o&cer* hence*

there is no need to le a summary proceding to declare the marriage void. +,origo vs People*

" /012 3$ +$4435.

(6he mere private signing of a marriage contract bears no semblance of a valid marriage* and

thus* need no judicial declaration of nullity. +,origo* supra5

3. 7alid marriage license, e%cept &

a- marriage in articulo mortis #either or 'oth, even if survived $

'- residence of either is so located that no means of transportation to appear before

local civil registrar

c- marriage among muslims or mem'ers of ethnic cultural communities* accdg. to

customs rites and practices.

d- ,arriage between man and woman who have coha'ited for (ve years )ithout legal


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impediment to marry.

*- 0elebrated in country )here no marriage license is required.+

()n /evilla vs 0ardenas* 8" /012 $#* the certication issued by the 0ivil 1egistry of /an 9uan

to the e:ect that ;no marriage license


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1emote place

1e?uest of both parties in writing* in a place or house designated by them in sworn statement

A'sence of *ssential

Formal re?.- marriage void

Except- belief in good faith of parties that party solemni%ing is duly authori%ed

Examples- absence of essential re?-

-lac' of age- below #

-parties of same sex

-prohibited by law to marry each other

-2bsence of consent- marriage in jest

Examples of absence of formal re?.-

-Person solemni%ing has no authority except believed to be duly authori%ed

-


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&ce of the ,ayor of agupan 0ity to get married. 6he ,ayor was not there* but the ,ayorDs

secretary as'ed ,ichael and 2nna and their witnesses to ll up and sign the re?uired marriage

contract forms. 6he secretary then told them to wait* and went out to loo' for the ,ayor who

was attending a wedding in a neighboring municipality. Ghen the secretary cannot nd the

,ayor* he re?uested the 7ice-,ayor to celebrate the marriage. 6hereafter* ,ichael and 2nna

had three sons.

HaI )s the marriage of ,ichael and 2nna valid* voidable* or void> Explain your answer.

HbI Ghat is the status of the three children of ,ichael and 2nna> Explain your answer.

"arriages solemnized outside country- valid there as such shall also 'e valid in this

country, e%cept :

article !3 +5 no legal capacity to get married

+5 bigamous or polygamous

+35 consent lac'ing because of mista'e

in identity of the other

2rticle !- party psychologically incapacitated2rticle !"- incestuous marriage

2rticle !#- marriage void by reason of public

policy

ivorce obtained by a foreigner-spouse* the Filipino spouse shall li'ewise have the capacity to

remarry under Philippine law.

+E..


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missing

'- missing in action in )ar

c- under danger of death under

other circumstances

ectivity of the

ectivity of the @e) ?ivil ?ode, the

presumption of death is esta'lished 'y la) and no court declaration is needed for

the presumption to arise, since death is presumed to have ta9en place 'y the

seventh year of a'sence pursuant to Art. 6B5 of the ?ivil ?ode. #3aldez vs Repu'lic,

7B ?RA 16$.

f the su'sequent marriage #'y reason of presumptive death of the a'sentee spouse$too9 place prior to August 6, 1B88, the su'sequent marriage is valid even if there

)as no udicial declaration of presumptive death so long as the prescri'ed period of

a'sence is met. #Armas vs ?alisterio, 665 ?RA 4551$.

;ut, if such su'sequent marriage is cele'rated during the e>ectivity of the


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1. Dus'and)ife refuses to d)ell )ith and su'sequently leave the

pouse )ithout fault of the other&

4. Dus'and)ife leaves the spouse )ithout usti(a'le cause&

6. Dus'and)ife refuses to have se% )ith the other spouse&

!. Gife refuses to have children&

7. =here is un'eara'le ealousy on the part of either party, hence,

"a9ing life of the parties un'eara'le&

C. mmaturity or )here is there is lac9 of rational udgment and

Responsi'ility as )hen the hus'and refuses to support the family&

. Dus'and or )ife cannot shoulder the heavy responsi'ility of 'eing

A parent&

"ere sho)ing of Hirreconcila'le di>erencesI and Hcon/icting personalitiesI does not

constitute psychological incapacity. #Repu'lic vs. ?ourt of Appeals, and Roridel

"olina, 4C8 ?RA 1B8$.

"olina case laid do)n for guidance of 'ar and 'ench, the interpretation of Art. 6C-

1. ;urden of proof to sho) nullity 'elongs to plainti>&

4. Root cause of psychological incapacity must 'e: A- medically or clinically identi(ed

;- alleged in the complaint

?- suciently proven 'y e%perts

- clearly e%plained in the decision

6. =he incapacity must 'e proven to 'e e%isting at the time of

?ele'ration of marriage&

!. ncapacity must 'e sho)n to 'e medically or clinically

ermanent or incura'le&

7. llness must 'e grave enough to 'ring a'out the disa'ility

to assume the essential o'ligations of marriage& C. @on-complied marital o'ligations must 'e stated in the

etition and proven 'y evidence and included in the te%t

of the decision&

. =he court must order the (scal and solicitor general to appear

as counsel for the tate.

n the case of antos vs. ?A, 4!5 ?RA 45, the upreme ?ourt held that 'eing of

unsound mind, drug addiction, ha'itual alcholism, les'ianism, or homose%uality may

'e indicia of psychological incapacity, depending on the degree of severity of the

disorder.

n "arcos vs "arcos, 6!6 ?RA 77, the ? clari(ed that there is no requirement that

the defendant spouse should 'e personally e%amined 'y a physician or psychologist

as a condition sine qua non for the declaration of nullity of marriage 'ased on

psychological incapacity.

uch psychological incapacity, ho)ever, must 'e esta'lished 'y the totality of the

evidence presented during trial.

;ut, in ;ier vs ;ier, 7! ?RA 146, the clinical psyschologist relied only on the

information fed 'y the petitioner. =hus, the ?ourt considers the testimony of the

clinical psychologist hearsay evidence since she had no personal 9no)ledge of thealleged facts she )as testifying on.

Lately, in @go =e vs Ju-=e, 7B ?RA 1B6, and Azcueta vs Repu'lic, 788 ?RA 1BC, the

court rela%ed the "olina guidelines 'y relying heavily on the (ndings of the e%pert

)itness #clinical pyschologist$ in declaring the marriage void on ground of

psychological incapacity.

=he ?ourt said- H;y the very nature of Art. 6C, courts, despite having the primary

tas9 and 'urden of decision-ma9ing, must not discount 'ut, instead, must consider


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as decisive evidence the e%pert opinion on the psychological and mental

temperaments of the partiesI.

n psychological incapacity, the spouse declared to 'e psychologically incapacitated

has innate incapacity or ina'ility to comply )ith the essential o'ligations of marriage

'ecause of an utter insensitivity or ina'ility to understand such o'ligations #antos

vs ?A 4!5 45$

As such, he or she cannot 'e held lia'le to pay moral damages to the other spouse

'ased on Article 441 and 41 of the @?? )hich connotes )illfulness of the actscomplained of.

f the same acts constitutive of the psychological incapacity )ere made the 'asis of

the a)ard of moral damages, it is contradictory to characterize acts as product of

pyschological incapacity, hence 'eyond the control of the party 'ecause of innate

ina'ility, )hile at the same time considering the same set acts as )illfull.

#;uenaventura vs ?A, !7! ?RA 4C1$.

n Antonio vs Reyes, !8! ?RA 676, the respondent )as a pathological liar and )hich

lies )ere held to 'e indicative of her failure to distinguish truth from (ction, or at

least a'ide 'y the truth. n declaring her psychologically incapacitated, the ?ourt

held that a person una'le to distinguish 'et)een fantasy and reality )ould similarly

'e una'le to comprehend the legal nature of the marital 'ond, much less its psychic

meaning, and the corresponding o'ligation attached to marriage.

=he ?ourt may not refuse to apply the guidelines in the "olina case simply 'ecause

the marriage is a mi%ed one and that the respondent is a foreign citizen. =he ? held

in Repu'lic vs Kuintero-Dermano #!48 ?RA 67$ that such guidelines may not 'erela%ed ust 'ecause the spouse alleged to 'e psychologically incapacitated happens

to 'e a foreign national. =he norms used for determining psychological incapacity

should apply to any person regardless of nationality 'ecause the rules )ere

formulated on the 'asis of studies of human 'ehavior in general.

Art. 6 ncestous marriages-

- 'et)een ascendants and descendants of any degree

-'et)een 'rothers and sisters, )hether of full or half 'lood.

Art. 68 "arriages void 'y reason of pu'lic policy-

1. 'et)een collateral 'lood relatives, )hether

legitimate or illegitimate, up to the fourth

civil degree.

4. 'et)een step-parents and step-children

6. 'et)een parents-in-la) and children-in-la)

!. 'et)een adopting parent and adopted child

7. 'et)een surviving spouse of the adopting

parent and the adopted child

C. 'et)een surviving spouse of theadopted child and the adopter

. 'et)een an adopted child and

legitimate child of the adopter

8. 'et)een adopted children of the same

adopter

B. 'et)een parties )here one, )ith the

intention to marry the other, 9illed that

others spouse, or his o)n spouse.


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@ota 'ene: marriage 'et)een the adopted child and the illegitimate child of the

adopter is not included in Article 68.

Gho may (le petition for declaration of nullity of marriage+

A- n @inal vs ;ayadog, 648 ?RA 144, the upreme ?ourt allo)ed the

compulsorylegal heirs to (le petition for declaration of nullity of their fathers

marriage against respondent after the death of their father.

;- u'sequently thereafter, the ? promulgated the Rule on eclaration of A'solute

@ullity of 3oid "arriages and Annulment of 3oida'le "arriages #A" @o. 54-11-15-?$,)hich too9 e>ect on "arch 17, 4556, and ection 4 thereof, ma9es it the sole right of

the hus'and or the )ife to (le a petition for declaration of a'solute nullity of void

marriage.

n *nrico vs Deirs of ps. "edinaceli, 76! ?RA !18, the ?ourt clari(ed that the

coverage of the A" @o. 54-11-15-? e%tends only to those marriages entered during

the e>ectivity of the ectivity of the


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Action or defense for the declaration of a'solute nullity of marriage shall not

prescri'e. #6B$#as amended 'y RA 8766, ect of failure to ta9e such step+

Ene must (rst secure a (nal udicial declaration of nullity of his previous marriage

'efore he can validly contract another marriage and failure to do so shall ma9e him

lia'le for the crime of 'igamy if he contracts a su'sequent marriage. #"ar'ella-;o'is

vs ;o'is, supra, A'unado vs eople, !4C ?RA 7C4$ #!1$

*ven if the prior marriage is void 'ut a party thereto fails to secure a udicial

declaration of its nullity 'efore contracting another marriage, the su'sequent

marriage is also void. #Art. 75


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proper proceedings.

6. community property shall 'e dissolved and liquidated,

'ut share of spouse in 'ad faith in the net pro(ts shall

'e forfeited in favor of common children, or children of

guilty spouse, or innocent spouse.

!. donations 'y reason of marriage shall remain valid, 'ut those in favor of spouse in

'ad faith, shall 'e revo9e 'y operation of la).

7. innocent spouse may revo9e the designation of spouse in 'ad faith as

'ene(ciary in any insurance policy, even if designation is irrevoca'le.

C. spouse in 'ad faith shall 'e disquali(ed to inherit from the innocent spouse,

)hether 'y testate or intestate succession.

< ;E=D @ ;A


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, a (rst year la) student, met the defendant in "arch 1BC8. After several

meetings, 'ecame engaged and )ere married. After 88 days, defendant gave 'irth to

child. lainti> a'andoned defendant and (led suit for annulment on the ground of

fraud, as the defendant assured that she )as a virgin. Gill suit the prosper+

=he marriage cannot 'e annulled. =he la) is e%plicit, no other misrepresentation or

deceit as to character, health, ran9, fortune, or ?DA==J shall constitute fraud forannulment of marriage.

En the ground that she )as pregnant 'y another man, the la) is e%plicit. =here

must 'e concealment. Dere is there is no possi'ility of concealment. efendant )as

already a'out C months pregnant. At such advance stage of pregnancy, concealment

)ould 'e impossi'le. #;uccat vs. ;uccat, 4 hil 1B$.

Accdg to medical authorities, )hen a )oman is already C months pregnant, the

enlargement of her a'domen is a'ove, and no longer 'elo), the um'ilicus. #Aquino

vs. elizo, 15B hil 41$.

"E=*@?J-

=est on mpotency- the test is not the capacity to reproduce 'ut the capacity to

copulate. #arao vs. Fuevarra, ?A E>. Faz. 4C6$.

hysical incapacity as ground for annulment of marriage refers to ina'ility to

perform the se%ual act, and not sterility or ina'ility to procreate. #"enciano vs. an

Mose, 8B hil C6& Mimenez vs. ?anizares, 15B hil 46$.

f the spouse 9ne) that the other party is impotent, can she as9 for annulment of her

marriage+

Do) a'out if the man is already 85 years old, can she as9 for annulment+

@o. 1. =o 'e entitled, party must 'e una)are of the impotency 'ecause the la)

requires that the party that can 'ring the action must 'e the inured party. f she

9ne), she is not an nured party.

4. *stoppel. he is renouncing copulation, )hich is a purely personal right.

6. e%ual intercourse is not the only end or purpose of marriage.


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f the man is 85 years old, the )ife should 9no) that he should 'e already

impotent, and is under estoppel to annul her marriage.

octrine of triennial coha'itation- the presumption that the hus'and is impotent

should the )ife still remain a virgin after living together )ith the hus'and for 6

years.

?an relative impotency 'e invo9ed to annul marriage+

Jes. n vie) of the physical incapa'ility of one party to to consummate saidmarriage

)ith the other.

?an a )oman 'e compelled to undergo physical e%amination to determine her

physical capacity for copulation+ #private part of the )oman to small to allo)

penetration$.

Jes. A physical e%amination in this case is not self-incrimination. he is not charged

)ith any o>ense. he is not 'eing compelled to 'e a )itness against herself.

mpotency, 'eing an a'normal condition, should not 'e presumed =he presumption is

in favor of potency. #Mimenez vs.?anizares, 15B hil 46$.

Gho may 'ring an action to annul a marriage+

AR=J =E A@@NL "ARRAF* #!$

AR*@=FNARA@ )ithout consent, 'efore 41, or

AR=J #)hose parent did not give consent$- )ithin 7 years after 41 years of age

A@* EN* #if no 9no)ledge$

R*LA=3*FNARA@ E< @A@* EN*, at anytime 'efore death of *=D*R AR=J,

@A@* during lucid interval or upon regaining sanity


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6. innocent spouse may revo9e designation of

guilty pouse as 'ene(ciary in life insurance

policy, even if designation is irrevoca'le.

!. guilty spouse shall 'e disquali(ed to inherit

from innocent spouse

7. rovides for custody and support of common

children

C. Erders the delivery of presumptive legitimes

. conugal d)elling and lot shall 'e

adudicated to spouse )hom maority of

children choses to remain& in case no

maority, court decides

8. either spouse may remarry, 'ut deliver

presumptive legitimes, other)ise remarriage

is void

B. children conceived or 'orn 'efore udgment

are legitimate #76$

15. children conceived or 'orn of su'sequent

marriage are legitimate #7!$

f the udgment of annulment or declaration of nullity of marriage, partition and

distri'ution is not registered, )hat is the e>ect+

=he udgment of annulment or a'solute nullity of marriage, partition and

distri'ution of the properties of spouses and delivery of presumptive legitimes

shall 'e recorded in the civil registry and registry of properties, other)ise, the

same shall not a>ect third persons.

f not registered, the su'sequent marriage of either of former spouses shall 'e

null and void. #74$

Ghere there are no properties of the spouses )hich could 'e the su'ect of

liquidation, and no legitimes to 'e delivered, is there a need for recording of the

udgment of annulment or a'solute nullity of marriage+

=here is no need for recording of the udgment in the appropriate registries of

property )here there are no properties that )ould 'e su'ect of liquidation,

partition and distri'ution and no presumptive legitimes that could 'e

delivered. Logically, our governing la)s do not require such udgment to 'e

furnished and recorded in the registries of property.

L*FAL *ARA=E@ #77$

1. DJ?AL 3EL*@?* repeated

FRELJ A;N3* ?E@N?=

4. DJ?AL 3EL*@?* ER "ERAL R*NR* to

change politic or religion


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6. A==*"= =E ?ERRN=

@N?* to engage in prostitution

6.


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A caught his )ife, ;, having illicit relations )ith . De then told her that he )ill (le

an action against her for legal separation )hich the latter agreed provided that no

criminal charges shall 'e (led against her. =he complaint )as (led and ; defaulted.

Ghen questioned 'y the


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4. Der maiden (rst name and her hus'ands surname, or

6. Der hus'ands full name, 'ut pre(%ing a )ord indicating that she is his )ife, such

as H"rsI.n case of legal separation, the )ife shall continue using her name andsurname employed 'efore the legal separation. #Art. 64


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regime di>erent from that )hich they had prior to the (ling of the petition for legal

separation. #ec. 46#e$ and 4!, A" @o. 54-11-11-?$.

t is su'mitted, ho)ever, that the parties may not adopt a'solute community or

conugal partnerhip of gains as their ne) property regime 'ecause regimes cannot

commence at any other time e%cept the precise moment of the cele'ration of

marriage and any stipulation to the contrary is e%pressly declared 'y la) to 'e void.

#Art. 88 and 15,


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#proportionate to their properties, 'ut to creditors, solidarily lia'le$.

"anagement of household- right and duty of 'oth #article 1$ e%penses to 'e paid in

the same order as in support

rofession or occupation- )ife may e%ercise )ithout consent of hus'and 'utDus'and may o'ect on valid, serious and moral grounds

n case of disagreement 2 court decides on )hether or not o'ection proper, and

'ene(ts accrued to the family.

f 'ene(t accrued to family prior to o'ection , resulting o'ligation shall 'e

enforced against the a'solute community& after o'ection, against separate property

of spouse )ho has not o'tained consent.

Nnder RA B4C4, if the hus'and prevents his )ife from engaging in any legitimate

profession, occupation or or activity, he has committed an act of violence punisha'le'y said la) #ec. 7#e$, RA B4C4$, e%cept in cases )here the hus'and o'ects on valid,

serious and moral grounds. #ec. 6#a$ #$ #1$, RA B4C4$.

Legal sanctions : # petition court for relief$ #4$ f spouse

1. neglects duties to conugal union

4. commits acts )hich tend to 'ring

danger, dishonor or inury to the

other or to the family.

*%ercise of profession- #6$

-either spouse may e%ercise )ithout the consent of the other

-spouse may o'ect on valid, serious and moral grounds

-in case of disagreement, the court shall decide )hether or not the o'ection is

proper and 'ene(t accrued to the family 'efore o'ection or thereafter.

-if the 'ene(t accrued prior, the resulting o'ligation shall 'e enforced against the

separate property of spouse )ho has not o'tained consent.

RE*R=J R*LA=E@ ;*=G**@ DN;A@ A@ G


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f there is no marriage settlement- a'solute community regime

K. A, married ;, a very rich )oman. Ghen ; died, A claimed of the properties of ;

on the 'asis of a pu'lic instrument e%ecuted 'y A and ; )here'y all their separate

properties )ere converted into conugal properties. s the claim valid+

Ans. =he claim is not valid.

1. roperty relations 'et)een hus'and and )ife cannot 'e changed, altered or

modi(ed during marriage.

4. =he pu'lic instrument, if given e>ect, )ould result in giving validity to donation

'et)een spouses )hich is not allo)ed 'y la).

6. t )ould allo) commission of fraud 'y the spouses.


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!. e%trinsic validity of contracts entered in hil. ;ut a>ecting property situated

outside of R )hose la)s require di>erent formality for their e%trinsic validity.

E@A=E@ RE=*R @N=A #84$

Req.

1. made 'efore marriage

4. in consideration thereof

6. in favor of one or 'oth of the future spouses

*%cepted: #not considered donation propter nuptias$

-Erdinary )eeding gifts after marriage

-onation 'efore 'ut not in consideration of the marriage

- onation to other persons even if founded on the intended marriage

-nsurance contract over the life of spouse#'elong to the 'ene(ciary$

Limitations on ho) much can 'e donated: #8!$

-no limitationif spouse agrees on a'solute community- if not a'solute community- J3 of present property

-n case of future property- rule on succession

FREN@


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SRule applies to common-la) relationships

K. P had 'een ta9ing care of ; until she got married to A. rior to the marriage, A

e%ecuted a deed of donation, )ith the follo)ing conditions: 1. if there are children to

their marriage, the property shall go to said children& 4. if there are no children, and

A should die ahead, shall 'e given to his 'rothers& 6. if there are no children, and ;

should die ahead, shall go to P. @ine months A


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Ans. =he action )ill prosper, 'ut only to of the property.

=he donation made 'y P to his common-la) )ife J is admittedly void. onation

'et)een legally married spouses is void. #aid rle applies in e$al measre to

illegitimate relations.

J is ho)ever entitled to share of the property, 'eing an intestate heir, as she was

legally married to % before he died. =he other shall go to the sister of P, )ho is

also his intestate heir.

RE*R=J R*LA=E@ :

A;ELN=* ?E""N@=J- governs after the e>ectivity of the family code, unless

di>erent regime agreed upon 'y the spouses. .

?E""*@?*"*@=: precise moment marriage is cele'rated. #88$

GA3*R of rights, interests, shares and e>ects of community property during the

marriage- 3E.

*P?*=: #8B, second paragraph$

1. )aiver ta9es place upon udicial separation of property

4. )aiver ta9es place after marriage had 'een dissolved or annulled.

GA3*R must appear in pu'lic instrument and recorded.

?reditors of )aiving spouse may petition the court to rescind )aiver to the e%tent of

their credit.

?E""N@=J RE*R=J ?E@= E


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!.=AP* liens, charges and e%penses, including maor or minor repairs upon

community property.

7. =AP* and e%penses for preservation made during marriage upon separate

property of either spouse use 'y family.

C. *P*@* to ena'le either spouse to commence or complete a professional,

vocational or other activity for self-improvement.

. A@=*@N=AL *;= of either spouse that redounded to the 'ene(t of family.

8. 3ALN* of )hat is donated or promised 'y 'oth spouses to their common children

for the e%clusive purpose of commencing or completing professional or vocational

course or for self- improvement.

B. A@=*@N=AL *;= of either spouse that do not redound to the 'ene(ts of the

family, NER= for

lleg. children, lia'ilities for crime, or quasi-delict, if separate property not

sucient

15. *P*@* for litgation 'et)een spouses, unless suit found to 'e groundless.

f the community property is not sucient, the separate property of either spouse

shall 'e solidarily lia'le for the unpaid 'alance.

LE* @ FA";L@F, 'etting, s)eepsta9es, or any other 9ind of gam'ling, )hether

prohi'ited or permitted 'y la), shall 'e 'orne 'y the loser, and not chargea'le to

the community, 'ut )inning pertains to the community. #B7$

n the system of a'solute community, lia'ilities incurred 'y either spouse 'y reason

of crime is chargea'le to the a'solute community property, in the a'sence or

insuciency of the e%clusive property of the de'tor-spouse. #;uado vs ?A 78C ?RA

6B$

A"@=RA=E@ Q *@MEJ"*@= of community property- ;E=D- #BC$

n case of AFR**"*@=- hus'ands decision prevails, 'ut )ife may see9

recourse in court )ithin 7 years from date of contract implementing the decision.

n case of incapacity or ina'ility to participate in administration- the other

spouse shall assume sole po)er, 'ut cannot dispose or encum'er community

property, )ithout court approval or consent of the other spouse.

E=E@ ER *@?N";RA@?* of community property- ;E=D- #BC, second

paragraph$

f made 'y one, )ithout consent of the other, it shall 'e considered as continuing

o>er on the part of the consenting spouse, and may 'e perfected as a 'inding

contract upon the acceptance 'y the other spouse or authorization 'y the court

'efore the o>er is )ithdra)n 'y either or 'oth o>erors..

f consent is )ithheld or cannot 'e o'tained- ?ENR= may give the authority as

)arranted 'y the circumstances.

*=D*R spouse may dispose 'y )ill hisher interest in the a'solute community. #B$

E@A=E@ E< ?E""N@=J RE*R=J- ;E=D #B8$

- e%cept moderate donations to charity ER on occasion of family reoicing ER

family distress.

ELN=E@ E< A;ELN=* ?E""N@=J R*F"*- #BB$

1. death of either spouse


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4. decree of legal separation

6. marriage is annulled or declared void

!. Mudicial separation of property under 16! to 168

AR=?L* 16!- *ARA=E@ E< RE*R=J NR@F =D* "ARRAF* =AO* LA?* E@LJ

;J MN?AL ER*R-E@* under -

A- Art. 16C- 'y agreement )here they ointly (le a veri(ed petition for voluntarydissolution of the a'solute community property

;- Art. 167- for sucient cause.

AR=?L* 167-

1. spouse convicted )ith penalty of ?3L @=*R?=E@

4. spouse udicially declared an A;*@=**

6. LE E< AR*@=AL AN=DER==J decreed 'y court

!. A;A@E@"*@= 'y the spouse ER failure to comply )ith o'ligation

7. A;N* E< EG*R E< A"@=RA=E@

C. *ARA=E@ @


25/56

RE?*NR* :

1. prepare inventory of a'solute and separate properties

4. ay de'ts and o'ligations

f not sucient-separate property-solidarily lia'le

6. @*= R*"A@*R shall 'e divided equally

e%cept- A- di>erent divisions agreed upon in marriage settlement.

;- 3oluntary )aiver 'y one spouse of his share.

!. R*N"=3* L*F="* of common children shall 'e

delivered

7. conugal d)elling and lot adudicated :

a- agreement of the parties

'- spouse, maority of the common children chooses to remain, child 'elo) ,

presumed to have chosen the mother

c- if no maority- court decides ta9ing into onsideration the 'est interest of the

children.

=*R"@A=E@ E< ?E""N@=J RE*R=J ;J *A=D- #156$

A- liquidated in the proceeding for settlement of estate deceased.

;- urviving spouse shall liquidate community property udicially or e%traudicially,

)ithin one year from death of deceased spouse.

?- f no liquidation after one year from death-

E=E@ ER *@?N";RA@?* involving the community property shall 'e 3E.

- f the surviving spouse contracts a su'sequent marriage )ithout liquidation of

community property, mandatory regime of complete separation of property shall

govern the property relations of the su'sequent marriage.

LKNA=E@ E< ?E""N@=J RE*R=* E< =GE "ARRAF*- #15!$

A- *=*R"@* the capital, fruits and income of each community property upon such

proof as may 'e considered according to the rules of evidence.

;- in case of dou't as to )hich the community the e%isting properties 'elong, they

'e shall divided 'et)een the t)o communities in proportion to the capital and

duration of each.

?E@MNFAL AR=@*RD E< FA@

1. property of regime that applies )hen agreed upon in the marriage settlement.

4. conugal partnership of gains already esta'lished 'et)een spouses 'efore the

e>ectivity of the family code.


26/56

RFD= E< *A?D EN* @ =D* ?E@MNFAL RE*R=J NR@F "ARRAF* "*R*LJ

@?DEA=*-

=hus, a private creditor of the hus'and cannot attach or levy on one-half of the

oint account of the spouses in a 'an9 on the ground that it is the share of the

hus'and in said account.

=he right of the hus'and to one half of the properties of the conugal

partnership does not vest until its dissolution and there are net assets left.#eAnsaldo vs. heri> of "anila, C! hil 17C$

0=he ect on 6 August 1B88, provides that any alienation

or encum'rance made 'y the hus'and of the conugal partnership property )ithout

the consent of the )ife is void.

Do)ever, )hen the sale )as made 'efore the e>ectivity of the


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1. 'rought to the marriage as hisher o)n.

4. acquires during marriage 'y gratuitous title

#'y donation or )ill, either singly or ointly, if share designated- per designation if

not- share and share ali9e$

6. acquired 'y right of redemption, 'y 'arter or 'y e%change )ith property 'elonging

to only one of the spouses

!. purchased )ith e%clusive money of the spouse.

n conugal partnership regime, if a spouse acquires a property through the e%ercise

of the right of redemption solely pertaining to himher, the property so acquired is

hisher e%clusive property, even if conugal funds )ere used in the redemption.

3illegas vs Lingan, 74C ?RA C6$. ;ut the o)ner-spouse has the o'ligation to

reim'urse the conugal partnership for the funds coming from said property regime.

=he )ife during the marriage sold under pacto de retro her paraphernal property

consisting of house and lot. A fe) )ee9s later, the )ife died. =he hus'and redeemed

the property using his e%clusive funds. =o )hom )ill the property 'elong, hus'and or)ife+

roperty still 'elongs to the )ife. roperty acquired 'y right of redemption is

e%clusive property. Ghat matter is the origin of the right, if the right of redemption

pertains to the )ife, then it 'elong to the )ife if redeemed. Dus'and can recover the

amount used to redeem.

D 'efore marriage )ith G )as given 'y his friend a usufruct over a riceland for 7

years. =)o years thereafter, D married G. s the usufruct conugal or e%clusive+

=he right of usufruct is e%clusive, 'ut the fruits derived from said right is conugal.ncome or fruits of the separate property of the spouses is conugal.

EG@*RD, E*E@, A"@=RA=E@, *@MEJ"*@= E< *P?LN3* RE*R=J-

retains 'y the o)ner spouse. ;ut fruits of the separate property 'elongs to the

conugal partnership of gains

E)ner spouse may mortgage, encum'er, alienate, or dispose her e%clusive property.

pouse may appear alone in court to ligitate.

=RA@


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- the test is the origin of the money invested in the purchase, if it came from

conugal funds, the property acquired is conugal. #Rivera vs. ;atallones, ?A !5 EF

45B5$.

4. E;=A@* from la'or, industry, )or9 or profession of either or 'oth spouse

- 'ut teachers gratuity under special la), 'eing remuneratory is not conugal.

#Alano vs.


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1- improvements are for utility or adornment

4. made in separate property of the spouse

6. 'y the conugal partnership or through acts or e>orts of either or 'oth spouse.

Rules-

A- shall pertain to the conugal partnership if the cost of the improvement and

resulting increase in value is more than the value of the property at the time of theimprovement.

;- shall pertain to the o)ner-spouse if the cost of the improvement and resulting

increase is less than the value of the property at the time of improvement.

?- the o)ner-spouse shall 'e entitled to reim'ursement, and shall retain o)nership

thereof until reim'ursement. E)nership shall 'e vested upon reim'ursement, )hich

shall 'e made at the time of the dissolution of the partnership.

=he o'ligation to reim'urse for the cost of the improvements, under Art. 145


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illegitimate children& su'ect to deduction from hisher share at the time of

liquidation of the conugal property..

?onugal property cannot 'e held lia'le for the personal de'ts contracted 'y one

spouse, unless some advantage or 'ene(t is sho)n to have accrued to the conugal

partnership. #;uado vs ?A, 78C ?RA 6B$

Nnli9e in the system of a'solute community )here lia'ilities incurred 'y either

spouse 'y reason of a crime or quasi-delict is chargea'le to the a'solute communityproperty, in the a'sence or insuciency of the e%clusive property of the de'tor-

spouse, the same advantage is not accorded in the system of conugal partnership.

=he conugal partnership of gains has no duty to ma9e advance payments for the

lia'ility of the de'tor-spouse. #;uado vs ?A 78C ?RA 6B$

Legal presumption that de't redounds to the 'ene(t of the family- f either spouse

contracts an o'ligation on 'ehalf of the family 'usiness, there is a legal presumption

that such o'ligation redounds to the 'ene(t of the conugal partnership. #*;=? vs

"ar =ierra ?orp. 758 ?RA !1B& Ayala nvestment and evelopment vs ?A 48C ?RA

44$

=hus-

1. f the hus'and himself is the principal o'ligor in the contract, ie., the direct

recipient of the money and services to 'e used in or for his o)n 'usiness or

profession, the transaction falls )ithin the term Ho'ligations for the 'ene(t of the

conugal partnershipI.

4. ;ut if the money or services are given to another person or entity and the

hus'and acted only as a surety or guarantor, the transaction cannot 'y itself 'e

deemed an o'ligation for the 'ene(t of the conugal partnership. t is for the

'ene(t of the principal de'tor and not for the surety or his family.

A"@=RA=E@ A@ *@MEJ"*@= E< ?E@MNFAL RE*R=J. #14!$

-shall 'elong to 'oth spouses ointly in case of disagreement, hus'ands decision

prevails

- )ife may go to court for relief, )ithin (ve years from date of contract

implementing said decision

- if spouse is incapacitated or una'le to participate in administration of conugal

property, other spouse may assume sole po)ers of administration- e%cept- po)er to

dispose or encum'er, )hich requires court approval or consent of the other.

--- in the a'sence of the court authority or consent of the other spouse, the

disposition or encum'rance shall 'e void ho)ever, the transaction shall 'e

considered as continuing o>er on the part of the consenting spouse and third person,

and perfected as a 'inding contract upon the acceptance 'y the other spouse or

approval 'y the court 'efore o>er is )ithdra)n 'y either or 'oth o>erors.

E@A=E@ E< ?E@MNFAL RE*R=J 2#147$

either can not donate )ithout the consent of the other

e%cept- moderate donations to charity or on occasions of family reoicing or family

distress.

ELN=E@ E< ?E@MNFAL AR=@*RD #14C$

1. upon death of either spouse

4. )hen there is decree of legal separation

6. )hen the marriage is annulled or declared void


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!. in case of udicial separation of property during marriage under Art 16!-168

*ARA=E@ * ect the conugal partnership spouse )ho leaves the conugal home or

refuses to live therein )ithout ust cause, shall have no right to 'e supported

-)hen consent of spouse to any transaction is required, udicial authorization shall

'e o'tained in a summary proceeding.

- resent spouse may 'e given udicial authority to dispose or encum'er separate

property of other spouse to satisfy the latters share if conugal property is not

sucient for the support of the family.

if spouse a'andons the other )ithout ust cause or fails to comply )ith hisher

o'ligations, the aggrieved spouse may petition court for :

1- receivership

4. udicial separation of property

6. authority to 'e sole administrator of conugal property.

- -EN* **"* =E DA3* A;A@E@* =D* E=D*R- )hen she or he left the

conugal d)elling )ithout any intention of returning

- -EN* )ho left the conugal d)elling for a period of three months or has failed

)ithin the same period to give any information as to hisher )herea'outs shall 'e

prima facie presumed to have no intention of returning to the conugal d)elling.

LKNA=E@ E< ?E@MNFAL AR=@*RD A*= A@ LA;L=*#14B$

RE?*NR* :

1. inventory of conugal and separate properties

4. amounts advanced 'y the conugal partnership in payment of personal de'ts of

either spouse shall 'e credited to the partnership as asset thereof.

6. Reim'ursement to the spouses of :

A- e%clusive fund for acquisition of property

;- for value of property vested to the conugal artnership

!. de'ts and o'ligation of partnership shall 'e paid

7. remainder of the e%clusive property shall 'e delivered to each of them

C. loss of deterioration of mova'le 'elonging each spouse used for 'ene(t of family

shall 'e paid from common funds

. net remainder of conugal assets shall 'e divided equally 'et)een spouses,

unless di>erent proportion agreed upon in marriage settlement, or unless )aived or

forfeited as provided in the code

8. the presumptive legitimes of common children shall 'e delivered upon partition

B. conugal d)elling and lot on )hich is situated shall 'e adudicated to the spouse

)ith )hom the maority of the common children choose to remain unless other)ise

agreed upon 'y the spouses, provided that children 'elo) years deemed to have

chosen the mother, unless the court decides other)ise& in case there is no maority,

the court decides ta9ing consideration the 'est interest of the children

LKNA=E@ E< ?E@MNFAL AR=@*RD E< 4 ER "ER* "ARRAF*#161$

*lements-


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1. t)o or more marriages contracted 'y the same person.

4. marriages contracted 'efore the e>ectivity of this code

6. liquidation carried out simultaneously

rules-

1. respective capital, fruits, and income of each partnership shall 'e determined,

upon proof allo)ed under the rules of evidence

4. in case of dou't as to )hich partnership the e%isting properties 'elong, the

same shall 'e divided 'et)een or among the di>erent partnership in proportion to

capital and duration of each.

*ARA=E@ E< RE*R=J E< EN* :

*ARA=E@ E< RE*R=J =AO* LA?* :

1. if stipulated in marriage settlement

4. 'y udicial order

A- voluntary

;- sucient cause

3AL ?AN*


33/56

B. eparation of property of spouse shall not preudice rights previously acquired

'y creditors

R*33AL E< =D* RER RE*R=J R*F"* : ;J


34/56


35/56

4. d)elling house )here they and their family reside and the land on )hich it is

situated

- property su'ect of conditional sale on installments, )here o)nership is reserved

'y vendor only to guarantee payment of purchase price may 'e constituted as a

family home. #17C$

L"=A=E@ E@ ?E@==N=E@ E<


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in case of con/ict, court shall decide

*ecting civil status of persons3alidity of marriage or legal separation

Any ground for legal separation


37/56

"aternity- is the civil status of the mother )ith respect to the child.


38/56

hus'and is not entitled to visitation rights 'ecause of the a'sence of parent-child

relationship that e%ists 'et)een them. =he ?ourt e%plained that since the child )as

'orn during the valid marriage of the )ife and the (rst hus'and, the child is

presumed to 'e a legitimate child of that marriage.

FREN@ =E "NF@ L*F="A?J E< A ?DL #1CC$

1. physical impossi'ility of se%ual intercourse 'y hus'and )ith )ife )ithin the (rst

145 days of the 655 days )hich immediately preceded the 'irth of the child due to :a-physical incapacity of hus'and to have

se%ual intercourse )ith his )ife

'- fact that hus'and and )ife )ere living

separately in such a )ay that se%ual

intercourse )as not possi'le.

c- serious illness of the hus'and )hich

a'solutely prevented se%ual intercourse

4. f it is proved that for 'iological or other scienti(c reasons , the child could not

have 'een that of the hus'and, e%cept in case of arti(cial insemination

6. that in case of children conceive through arti(cial insemination, the )ritten

authorization or rati(cation of either parent )as o'tain through mista9e ,fraud,

violence, intimidation or undue in/uence.

G


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the period shall 'e counted from the discovery or 9no)ledge of 'irth or fact of

registration, )hichever comes (rst.

D*R "AJ ;R@F A?=E@ =E "NF@ L*F="A?J E< ?DL #11$

if hus'and should die 'efore the e%piration of the period (%ed for 'ringing the

action.

if hus'and should die after the (lling of complaint, )ithout having desisted

therefrom.

if the child )as 'orn after the death of the hus'and

REE< E<


40/56

lifetime and shall 'e transmitted to the heirs should the child die during minority

or in a state of insanity

heirs have a period of 7 years to institute the action

if the child dies after commencing the action, the heirs of the child )ill 'e

su'stituted for him, even if the parent also dies during the pendency of the action

RFD= E< L*F="A=* ?DLR*@- #1!$

1. =o 'ear surname of father and

mother

4. =o receive support from parents,

ascendants, 'rothers and sisters

6. =o 'e entitled to legitime and other

successional rights under the civil code

RFD= E< LL*F="A=* ?DLR*@ 2 #1C$

1. Nse the surname of mother

4. Nnder the parental authority of mother

6. *ntitled to support

!. *ntitled to legitime under the civil code-

#14 that of the legitimate child$

@ote: RA B477 approved on


41/56

llegitimate children shall use the surname of the mother, regardless of )hether or

not the father admits paternity. #"ossesgeld vs ?A, 655 ?RA !C!$.

Dence, the illegitimate father cannot compel the local civil registrar to register

the certi(cate of live 'irth of the illegitimate child using his surname.

Do)ever, an illegitimate child shall have the option #'ut not an o'ligation$ to use

the surname of the father in the follo)ing instances:

1. f hisher (liation has 'een e%pressly recognized 'y the father through therecord of 'irth appearing in the civil register

4. )hen an admission of paternity is made 'y the father in a pu'lic document or

private hand)ritten instrument.

=he recognition of the illegitimate child in the record of 'irth, or through an

admission in a pu'lic document or private hand)ritten instrument is in itself, a

consummated act of ac9no)ledgment of the childs paternity& hence, no separate

action for udicial approval is necessary. #ela ?ruz vs Fracia, 7B! ?RA C!8$

K. "ust the admission of paternity in a private hand)ritten instrument 'e signed

'y the putative father+

n ela ?ruz vs Fracia, 7B! ?RA C!8, the ? lay do)n the rules:

a- )here the private hand)ritten instrument is the lone piece of evidence

su'mitted to prove (liation, the same must 'e signed 'y the ac9no)ledging

parent.

'. )here the private instrument is accompanied 'y other relevant and competent

evidence, it suces that the claim of (liation therein 'e sho)n to have 'een made

and signature of the ac9no)ledging parent is merely corro'orative of such

evidence.

n ;riones vs "iguel, !!5 ?RA !77, the ?ourt reiterated the rule that anillegitimate child is under the parental authority of the mother, and the

recognition of an illegitimate child 'y the father is a ground for ordering the latter

to give support, 'ut not custody of the child. =he illegitimate father, ho)ever, is

entitled to visitation rights.

n n re: tephanie @aty Astorga, !7! ?RA 7!1, it )as held that an illegitimate

child, upon adoption 'y her natural father, may 'e allo)ed to use the surname of

her natural mother as her middle name. =he ?ourt e%plained that the same is in

9eeping )ith the


42/56

=he court ruled that the cause of action is actually to see9 the declaration of the

marriage of the parents of the child as void for 'eing 'igamous and impugn the

childs, )hich causes of action are governed not 'y Rule 158 'ut 'y A" @o. 54-11-

15-? )hich too9 e>ect on "arch 17, 4556, and Art. 11 of the


43/56

GDE "AJ AE=+

1. of age

4. possessed of civil capacity and legal rights

6. can support and care for his children, in 9eeping )ith the

means of the family!. 1C years older than adopted

e%cept 2 1. adopter is parent 'y nature of adopted

4. adopter is spouse of legitimate parent of the

person adopted

@E=* :

erson )ith children can adopt

Adopter or adopted may 'e single or married

Age di>erence is to assure maturity

GDE "AJ @E= AE= +

1. guardian )ith respect to )ard 'efore the (nal

account of guardianship is approved

4. those convicted of crime involving moral turpitude

6. alien

e%cept- a- former


44/56

C. spouse of person to 'e adopted

@E=* :

consent of parent )ho a'andoned child is not necessary.

f 'oth parents a'andoned the child to 'e adopted, then consent of those e%ercising

su'stitute parental authority is needed

n Landingin vs Repu'lic, !B6 ?RA !17, the ?ourt held that the )ritten consent of

the 'iological parents is indispensa'le for the validity of a decree of adoption. =he?ourt e%plained that the natural right of a parent to his child requires that his

consent must 'e o'tained 'efore his parental rights and duties may 'e terminated

and re-esta'lished in the adoptive parents.

f the )ritten consent of the 'iological parents cannot 'e o'tained, the )ritten

consent of the legal guardian of the minors )ill suce. f it is claimed that the

'iological mother of the minor had indeed a'andoned them, the )ritten consent of

their legal guardian must 'e adduced. #Landingin vs Repu'lic$

rior to the amendment introduced 'y RA B746 #e>ective 455B$, the declaration of

a child as legally availa'le for adoption may 'e had either udicially oradministratively. Gith the amendment introduced 'y RA B746, only the G no)

has the sole authority to issue the certi(cation declaring a child legally availa'le for

adoption. uch certi(cation that a child is legally availa'le for adoption shall 'e

issued 'y the G in lieu of a udicial order, thus ma9ing the entire process

administrative in nature.

n addition, the amendatory la) provides that such certi(cation shall 'e, for all

intents and purposes, the primary evidence that the child is legally availa'le in a

domestic adoption proceeding #as provided in RA 8774 or the omestic Adoption Act$

and in an nter-country adoption proceeding #as provided in RA 85!6 or the nter-

?ountry Adoption Act$.

*


45/56

adopters only )hole estate

only collateral relatives- intestacy applies

FREN@


46/56

*


47/56

e- is in a position to provide the proper care and support and to give the necessary

moral values and e%ample to all his children, including the child to 'e adopted.

f- agrees to uphold the 'asic right of the child as em'odied under hilippine la)s,

the N@ ?onvention on the Rights of the ?hild and to a'ide 'y the Rules and

regulations issued to implement the provisions of this act.

g- comes from a country )ith )hom the hilippines has diplomatic relations and

)hose government maintains a similarly authorized and accredited agency and that

adoption is allo)ed under his or her national la).

h- possess all the quali(cations provided herein and other applica'le hilippine la)s.

GD*R* =E


48/56

?DARA?=*R=? :

- urely personal 2 founded on personal

necessity

- ?annot 'e attached or e%ecuted- NR33AL

- ntransmissi'le and non-assigna'le

- 3aria'le

- Reciprocal

- emanda'le from time of needs and even

'eyond age of maority or even if married.

*RE@ E;LF* =E F3* NER= :

1- pouses

4- Leg. asc. And desc.

6- arents and their leg. children, and leg. and illeg. children of the latter.

!- arents and their illeg. ?hildren, and the leg. and illeg. children of the latter.

7- Leg. 'rothers and sisters, )hether of full or

half 'lood.

C- lleg. ;rothers or sisters, e%cept- )hen already of age and due to cause imputa'leto claimants fault or negligence

ENR?* E< NER= :

- EN*- a'solute or conugal

property

- ?ommon children- a'solute or

conugal property

- ?hildren of spouse 'y another

marriage- same

llegitimate children of either spouse- a- if A;ELN=* ?E""N@=J R*F"*-

1- separate property

4- f insucient- a'solute community

;ut deduct from share of spouse upon liquidation

'- if ?E@MNFAL AR=@*RD-

1- separate property

4- if insucient-conugal property

;ut deduct from share of spouse upon liquidation

;rothers or sisters- from separate property of spouse- f insucient-from a'solute or conugal property if (nancially capa'le.

;ut to 'e deducted upon liquidation

NER= NR@F RE?**@F


49/56

n atricio vs ario , 75 ?RA !68, it )as held that grandchildren cannot

demand support directly from their grandparents, if they have parents #ascendants

of nearest degree$ )ho are capa'le of supporting them. =his is so 'ecause )e have

to follo) the order of support under Art. 1BB


50/56

needed.

AR*@=AL AN=DER=J

AR*@=AL AN=DER=J-

?oncept- mass of rights and o'ligations )hich parents have in relation to the person

and property of their children until their emancipation, and even 'eyond under

certain circumstances.

NRE* 2

1. sound physical development of

children

4. cultivation of their intellectual

perceptions

6. nourishment of their appetitive

and sensitive faculties#Reyes vs.

Alvarez, 8 hil. 46$

LAG E@ AR*@=AL AN=DER=J-

;efore august 6 1B88, C56 and civil code

After august 6, 1B88 , family code e%pressly repealing =itle P of the civil code on

parental authority and Arts. 1, 18 and 1B of C56 on parental authority #art 47!,

family code$

?DARA?=*R=? E< AR*@=AL AN=DER=J 2

- A natural right and duty of parents#45B$- ?an not 'e renounced, transferred or

)aived e%cept in cases authorized 'y la), #415$, as in the case of:

1. adoption

4. guardianship

6. commitment of child in an entity or

institution engaged in child care or in

childrens home#446-44!$

- Mointly e%ercised #411$

in case of disagreement, fathers decision prevails unless there is udicial order to

the contrary.

- urely personal and cannot 'e e%ercised

thru agents

- =emporary, ends )hen child emancipated,

can ta9e care of himself Q his property or

parent una'le to properly e%ercise the

authority

AR*@=AL AN=DER=J ?E@= E


51/56

@ ?A* E< *ARA=E@ E< AR*@=, #416$ parental authority shall 'e e%ercised 'y :

parent designated 'y court, 'ut :

court shall ta9e into account all relevant considerations, specially the choice of child

over years of age, unless parent chosen is un(t&

no child under years of age shall 'e separated from the mother, unless court (ndscompelling reason to order other)ise, such as insanity, communica'le disease )hich

might endanger health and life of child, maltreatment of child or other similar

reasons )hich ma9e her un(t.

0 n the case of a'lo-Fual'erto vs Fual'erto, !C1 ?RA !75, and Fam'oa-Dirsch

vs ?A, 74 ?RA 685, the ?ourt referred to the second paragraph of Article 416 of

the


52/56

t shall apply to all authorized activities )hether inside or outside the premises of

the school , entity or institution.

=he school administrator, teacher or individual engaged in child care and e%ercising

parental authority shall in no case in/ict corporal punishment upon the child.

=@?=E@ ;*=G**@ N;==N=* A@ *?AL AR*@=AL AN=DER=J 2

u'stitute parental authority is e%ercised in the case of death, a'sence orunsuita'ility of parents.

u'stitute parental authority is not e%ercised concurrently )ith the e%ercise 'y

parent of parental authority.

pecial authority is e%ercised concurrent )ith parental authority of parents.

=he parents temporarily relinquish parental authority over those granted special

authority )hile children are in the custody of the latter.

LA;L=J E< *RE@ F3*@ N;==N=* ER *?AL AR*@=AL AN=DER=J-

hall 'e principally and solidarily lia'le for damage caused 'y acts or omissions of

the minor under their custody.=he parents, guardian or person e%ercising su'stitute parental authority shall 'e

su'sidiarily lia'le.

ue diligence is availa'le as defense.

RFD= E< AR*@= ER *RE@ *P*R?@F AR*@=AL AN=DER=J- #445$

- to 9eep them in their company

- to support

- to educate

- to instruct them 'y right precept

and good e%ample

- to provide for their up'ringing in 9eeping )ith

their means.

- to give them love and a>ection

- to give them advice and counsel

- to give them companionship and

understanding

- to provide them )ith moral and spiritual

guidance

- to inculcate in them honesty, integrity, self-

discipline, self-reliance, industry and thrift

- =o stimulate their interest in civic a>airs

- =o inspire in them compliance )ith

duties of citizenship

- to enhance, protect, preserve and

maintain their physical and mental

health at all times .

- to furnish them )ith good and

)holesome educational materials

- =o supervise their activities, reaction and

association )ith others- =o protect them from 'ad companies

- =o prevent them from acquiring ha'its

detrimental to their health, studies and

morals.

- to represent them in all matters a>ecting

their interest

- to demand from them respect and

o'edience

- to impose discipline on them as may 'e


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required under the circumstances

- to perform such other duties as are

imposed 'y la) upon parents and

guardians, such as those right and duties speci(ed in chapters 6 and chapter ! of

C56 on parental crimes

AR= 45! of C56 2 penalizing parents or guardians )ho aid, or connive in the

commission 'y the child of delinquency or do acts promoting or contri'uting to a

child 'ecoming uvenile deliquent.

LA;L=J


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child

- t shall 'e devoted e%clusively for his support and education, unless the title or

transfer provides other)ise.

- And secondarily, for the collective needs of the family.

parental usufruct over the properties of their unemancipated children had 'een

a'olished.

N@*"A@?A=* ?DL *@=RN=* G=D "A@AF*"*@= E< AR*@= RE*R=J 44

- net proceeds of properties shall 'elong to the

parents o)ner.

- ?hild shall 'e given reasona'le monthly

allo)ance in an amount not less than )hich

shall 'e given to strangers )ho manages the

property

- f parents give the entire proceeds of the

property to the child, it shall not 'e chargedto his legitime

=*R"@A=E@ E< AR*@=AL AN=DER=J #448$

- upon death of parents

- upon death of child

- upon emancipation of the child

termination is permanent and can no 'e revived

E=D*R FREN@


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upon service of the penalty or upon

pardon or amnesty of the o>ender

N*@E@ E< AR*@=AL AN=DER=J =DRN ?ENR= A?=E@ #461$ Frounds-

- treats the child )ith e%cessive harshness or

cruelty

- gives the child corrupting orders, counsel or

e%ample- compels the child to 'eg

- su'ect child or allo)s him to 'e su'ected to

acts of lasciviousness

a'ove grounds include cases )hich have resulted from culpa'le negligence of the

parents

*R"A@*@= *R3A=E@ E< AR*@=AL AN=DER=J #464$

parent su'ected the child or allo)ed himher to 'e su'ected to se%ual a'use

deprivation is permanent and can not 'e restored

@E ?ERERAL N@D"*@= ;J =DE* *P*R?@F N;==N=* AN=DER=J #466$

- person e%ercising su'stitute parental authority have the same authority over the

child as the parents

- can impose discipline on the child as required under the circumstances, )hich

includes moderate punishment, 'ut not amounting to maltreatment or cruelty

- can not in/ict corporal punishment upon the child

*"A@?A=E@ A@ AF* E< "AMER=J- #46!-46


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community&

6. the change )ill avoid confusion. #RA B5!8$

;efore a person can legally change his given name, he must present proper or

reasona'le cause or any compelling reason ustifying such change. #Gang vs ?e'u

?ity ?ivil

Registrar, !7! ?RA 177$

PFR Atty Gonzales 4thyr

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