Mnemonics

Mnemonics

I. Preliminary Titles

Art. 1CC of the Phils.

Art. 2 15d; publication; OG, np; Art. 3 Ignorance

Art. 4 no retroactive

Art. 5 against mandatory/prohibitory

Art. 6 rights may be waived (‘cept LOPMC3)

Law, public Order, public Policy, Morals,

good Custom, or prejudicial to the rights of a

3rd person

Art. 7 repeal of laws Art. 8 judicial decisions

Art. 9 court should render judgment Art. 10 presumption of lawmaking-body’s

right and justice to prevail

Art. 11 customs against LOP not

countenanced

 Law, public Order, public Policy,

Art. 12 customs proved as fact Art. 13 time period

Art. 14 penal laws

Art. 15 citizenship principle (FoRDSChooL)

 Family Rights and Duties, Status, Condition, and Legal Capacity Art. 16 real, personal property: law of

country (‘cept successional order and amount)

Art. 17 forms and solemnities: laws of

country where executed

Art. 18 Code of Commerce and Special Laws

II. Persons

A. Civil Personality (37-47, FC)

Art. 38 restrictions on capacity to act

(MIDPI)

 Minority, Insanity/Imbecility, Deaf-mute, Prodigality, Civil Interdiction Art. 39 modify/limit capacity to act (PAID AT

PIFI)

 Prodigality, Age, Insanity, Deaf-mute, Alienage, Trusteeship, Penalty, Family Relations, and Insolvency

Art. 40 Birth determines personality Art. 41 Birth requirements

Art. 42 civil personality extinguished by

death

Art. 43 Doubt in succession order Art. 44 Juridical Persons (SP|ICE|CAP)

 States and political subdivisions

 Public institutions, corporations and

entities

 Private corporations, associations and partnerships

Art. 45 governs Art. 44

Art. 46 rights of juridical persons (POA)

 May acquire and possess property  Incur obligations

 Bring civil or criminal actions

Art. 47 dissolution of ICE

B. Use of Surnames (364-380,

CC)

Art. 364 children: surname of father Art. 365 adopted child: surname of adopter Art. 366 natural: father if both acknowledge Art. 367 natural by legal fiction: father’s Art. 368 illegitimate (Art. 287): mother’s Art. 369 conceived before decree of

annulment: father’s

Art. 370 married woman may use (3)

 X Y-Zee  X Zee  Mrs. A Zee

Art. 371 If annulment, guilty wife shall use

own surname. Innocent may resume maiden surname, or choose to continue husband’s, unless: 1) court decrees otherwise, 2) subsequent marriage of either

Art. 372 if legal separation, no change of

surname

Art. 373 if widow, may use husband’s

surname

Art. 374 if same names, younger person has

to add name

Art. 375 male descendants

 Jose Crisostomo, Jr.  Jose P. Crisostomo  Jose Crisostomo III

Art. 376 no person can change his name

without judicial authority  Repealed by RA 9048

Art. 377 usurpation of name subject of

action for damages and other relief

Art. 378 unauthorized use=right of action Art. 379pen names and stage names ok

Art. 380 no person shall else use different

names and surnames

C. Emancipation and Age of

Majority

RA 6809 lowered age of majority from 21 to

18

D. Absence (381-396, CC)

person disappears from domicile, whereabouts unknown and no agent appointed

Art. 382 judge specifies powers, obligation

and remuneration or rep (to safeguard absentee’s rights and interests)

Art. 383 spouse is preferred as rep if there

is no LS

Declaration of Absence

Art. 3842 years, news; 5 years,

administrator

Art. 385 who can ask for declaration

(SHaRP)

1. Spouse

2. Heirs instituted in a will

3. Relatives (intestate succession) 4. Those who have right over property of

absentee

Art. 386 declaration takes effect 6m after

pub.

Administration of Property of Absentee Art. 387 administrator appointed (Art. 383) Art. 388 administratix-wife can’t

alienate/encumber w/o judicial authority

Art. 389 administration ceases (AD3)

1. Appearance of absentee or agent 2. Death is proved and heirs appear 3. Third person appears, shows proper

document

Presumption of death

Art. 390 7y; succession: 10y & if 75 yo, 5y Art. 391 4y; dead for all purposes (VAD)

1. A person on board a lost

vessel/aeroplane

2. Armed forces, war, MIA

3. Person who has been in danger of

death under other circumstances Art. 392 If existence proved, absentee can

recover the property (but not claim fruits or rents)

Effect of absence upon contingent rights of absentees

Art. 393 must prove existence to acquire

right

Art. 394 share shall accrue to co-heirs—

inventory of property

Art. 395 previous provision without

prejudice to action of petition for inheritance

Art. 396 those who may have entered upon

the inheritance shall appropriate the fruits received in good faith so long as the absentee does not appear

E. Funerals (305-310, CC)

arrangements for funeral order of support (?)

Art. 306 funeral in keeping with social

position

Art. 307in accordance w/ d’s wishes; beliefs Art. 308 no human remains shall be

retained w/o consent (relatives?)

Art. 309 disrespect is liable for damages

(MM)

Art. 310 tombstone/mausoleum part of

funeral expenses, chargeable to conjugal partnership

F. Civil Register (407-413)

(EJA)

 Events, Judicial decrees, Acts Art. 408 following should be entered in civil

register (CLIME has BLAND FLAVAR) (16) 1. Changes of name 2. Loss 3. Civil interdiction 4. Marriages 5. Emancipation 6. Birth 7. Legal separations 8. Adoptions 9. Naturalization 10. Deaths 11. Judicial determination of filiation 12. Legitimations 13. Acknowledgements of natural children

14. Void ab initio judgments

15. Annulments of marriage

16. Recovery of citizenship Art. 409 duty of court to see if

CLIMEBLANDFLAVAR has been registered

Art. 410 books of civil registry prima facie

evidence of facts

Art. 411 every civil registrar responsible for

unauthorized alteration

changed or corrected w/o judicial order  Amended by RA 9048

Art. 413 all other civil status matters,

governed by special laws

CA 625: act providing the manner in which the

option to elect Philippine citizenship shall be declared by a person whose mother is a Filipino

PD 651: births and deaths PD 1083: Muslim Code PD 856: sanitation

EO 121: reorganizing and strengthening the

Philippine statistical system

RA 9048: act authorizing city/municipal

registrar or consul general to correct a clerical or typographical error in an entry and or change of first name or nickname in the civil registrar without need of court order

III. Family Relations

A. Introduction

B. Requisites of Marriage

(1-26, FC)

Art. 1 definition of marriage (SUMEFILS-PL)

 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 Stipulations, except that marriage settlements may fix Property relations during the marriage within the limits provided by this Code.

Art. 2Essential Requisites: LC

1. Legal capacity

2. Consent freely given in the presence of the solemnizing officer

Art. 3Formal Requisites: ALC

1. Authority of solemnizing officer 2. A valid marriage License (except for

chap. 2 of this title) 3. Marriage Ceremony

Art. 4:

If ER or FR absent=void ab initio If ER has defect=voidable

If FR has irregularities=valid, but civil/criminal/administrative liabilities

Art. 5anyone above 18 can contract

marriage (unless under 37 or 38)

Art. 6, FCminimum requirements of

marriage

Art. 7, FCauthorized solemnizing officers (5)

(JRCCC)

 Member of judiciary within jurisdiction, authorized minister of

religious order, ship captain/airplane chief if point of death, military

commander under Art. 32, and any consul-general/consul/vice-consul

under Art. 10

Art. 8 where marriage is solemnized

(COCCTO-PDRPB)

 Court or judge’s chambers; chapel, church or temple; office of consul

 Unless point of death, remote

place, or both parties request in writing

Art. 9 license issued by registrar or

municipality

Art. 10 abroad: consular official

Art. 11 marriage license application (Fuck, Please Assist Some Monkeys Crapping Rubbish For More Garbage) (10)

 Full name, place of birth, age and date of birth, civil status, previous marriage, present residence and citizenship, degree of relationship of contracting parties, father, mother, guardian

Art. 12 presentation of birth certificate Art. 13 presentation of death c. or judicial

decree

Art. 14 presentation of consent of FMG in

writing (18-21 yo)

Art. 15 3mo delay of license if parental

advice not obtained; sworn statement (21-25 yo)

Art. 16 3mo delay of license if no certificate

of solemnizing officer/marriage counselor (18-25 yo)

Art. 17 notice for 10d straight Art. 18 registrar shall note down

impediment

Art. 19 registrar fees

Art. 20 valid in the Philippines for 120d from

date of issue

Art. 21 if foreigners, certificate of legal

capacity by consular officials

Art. 22 marriage certificate also states

(CCDLCAS)(7)

 Along with declaration that they take each other as husband and wife  Full name, sex and age of consenting

parties; citizenship, religion and

habitual residence, date and precise time of marriage, proper marriage

license, consent, advice, marriage settlement

Art. 23 duty of solemnizing officer Art. 24 oaths

Art. 25 applications for marriage licenses Art. 26 outside the Philippines; law in force

in the country; except prohibited under Art. 35 (1), (4), (5), (6), Arts. 36-38

 If marriage bet. Foreigner and Filipinovalid divorce by alien, then Filipino can remarry

C. Marriages exempt from

license requirement

(27-34, FC)

Art. 27 point of death

Art. 28 remote place (no means of transpo) Art. 29 solemnizing officer’s affidavit for

Arts. 28-29

Art. 30 affidavit must be sent to registrar

w/n 30d

Art. 31 articulo mortis bet. passengers/crew

mems

Art. 32 PoD w/n zone of military ops Art. 33 Muslims in acc. w/ customs rights

and practices

Art. 34 license not necessary if cohabitation

for 5y w/o legal impediment

D. Void and Voidable marriages

(35-54, FC)

Art. 35ASL, Be My Sweetie

1. Age: under 18, even without consent of parents

2. Solemnized by anyone not authorized to do so

3. There is no marriage license 4. Bigamous or polygamous marriage

(except when first spouse has been absent for four years, or two years under extraordinary circumstances, and the remaining spouse has a well-founded belief that the absent spouse is dead, and is judicially declared presumptively dead. (Art. 41)) 5. Mistake of identity

6. Subsequent marriages under Art. 53 (Marriage is void when Art. 52 is not complied with: There must be a partition and distribution of property after the judgment of annulment of declaration of nullity. The presumptive legitimes of the children must also be delivered and recorded in the

appropriate civil registry)

Art. 36 psychological incapacity

*In Republic v Molina, 1997 (268 SCRA 198), the Supreme Court held that the actions

of the wife, described by the wife as “highly immature and habitually quarrelsome who thought himself as a king to be served,” does not amount to psychological incapacity. It held that what existed are mere irreconcilable differences. It also laid down in this case the guidelines to be followed by the courts in interpreting Art. 36.

Guidelines: BREIGGMCC

1. The burden of proof to show the nullity of the marriage belongs to the plaintiff. 2. The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by the experts, (d) clearly explained in the decision. (MAEE)

3. The incapacity must be proven to be

Existing at “the time of the celebration” of

the marriage.

4. Such incapacity must also be shown to be medically or clinically permanent of

Incurable.

5. Such illness must be Grave enough to bring about the disability of the party to assume the essential obligations of marriage.

6. The essential Marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221, and 225 of the same Code in regard to parents and their children.

7. Interpretations given by the National Appellate Matrimonial Tribunal of the

Catholic Church in the Philippines, while

not controlling or decisive, should be given great respect by our courts.

8. The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as Counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification.

Art. 37 void by because of incest

Art. 38 void because of public policy (9)

(4SIASCLAK)

Art. 39 An action for declaration of nullity of

marriage is imprescriptible.

Art. 40 For purposes of remarriage, the

nullity of a previous marriage may be invoked solely on the basis of a final judicial declaration of nullity (JDN) of the previous marriage.

Art. 41Marriage contracted by any person

during the subsistence of a previous marriage is VOID

Exception: If the first spouse has been

absent for four consecutive years, or two years under extraordinary circumstances, and the surviving spouse has a well-founded belief that the spouse is dead, and there is a judicial declaration of presumptive death, without prejudice to the effect of the reappearance of the absent spouse.

Exception to the exception: When

both parties in the subsequent marriage acted in bad faith, the marriage is still void (Art. 44).

Art. 42 subsequent marriage therefore

automatically terminated

Art. 43Effects of Bigamous Marriage: CPDISD (Come Play Dead In Some Day)

1. Children – considered legitimate

2. Property Regime – dissolved and liquidated (party in bad faith shall forfeit his/her share in favor of the common children or children by a previous marriage, and in case there are none, to the innocent spouse)

3. Donation propter nuptias – remains valid, (but if the donee contracted marriage in bad faith, donations will be revoked)

4. Insurance benefits – innocent spouse may revoke designation of guilty party as beneficiary, even if such designation is irrevocable

5. Succession Rights – Party in bad faith disqualified to inherit from innocent spouse, whether testate or intestate

6. Donations - If both parties of subsequent marriage acted in bad faith, any donations and testamentary dispositions made by one party to the other by reason of marriage will be revoked (Art. 44)

Art. 45 Voidable marriage AUFFPS (Are U

Free For Paid Sex) (Note: ratification incumbent)

1. One of the parties is 18 or above but below 21, and there is no parental consent. (Age) 2. Either party was of unsound mind (insanity). 3. The consent of either party was obtained through fraud (different from mistake in identity): (chps)

a. through non-disclosure of a previous

conviction of a crime involving moral turpitude;

b. through concealment of the wife of the fact that she was pregnant by another man;

c. through concealment of a

sexually-transmitted disease, even if not serious or

incurable;

d. through concealment of drug addiction,

habitual alcoholism or homosexuality/lesbianism. (Art.46)

4. The consent of either party was obtained through force, intimidation, or undue influence.

5. Either party is physically unable to

consummate the marriage (impotence)

(different from sterility).

6. Either party has a serious and incurable

sexually-transmissible disease, even if not

concealed.

*In Buccat v Buccat, the Supreme Court refused to grant annulment filed by the husband because his wife gave birth to a baby a mere 89 days after their marriage. It held that it is unbelievable that the wife could have concealed the fact that she was 6 months pregnant at the time of the marriage.

*However, in Aquino v Delizo, the Supreme Court granted annulment because the wife concealed the fact that she was 4 months pregnant during the time of the marriage. It argued that since Delizo was “naturally plump,” Aquino could hardly be expected to know, by mere looking, whether or not she was pregnant at the time of the marriage.

Art. 46 circumstances constituting fraud Art. 47 periods of prescription for annulment Art. 48Court orders State to prevent

collusion

Art. 49 pendency of action; custody and

support

Art. 50 Art. 43 (CPDISD) also applies to void

and voidable

Art. 51 children’s legitimes delivered in

cash, property, or securities, unless otherwise provided for

Art. 52 JoPeL recorded in registries

 Final judgment, partition and distribution of properties of spouses,

delivery of children’s presumptive

legitimes

Art. 53 remarriage after complying with reg

reqs

Art. 54 conceived or born before Art. 36—

legit.

E. Legal Separation (55-67, FC)

BED AND BOARD SEPARATION MAY BE DECREED WHEN THERE IS (Art. 55):

1. Repeated violence or grossly abusive

conduct directed against petitioner, a

common child, or a child of the petitioner. 2. Physical violence or moral pressure to compel petitioner to change religious or

political affiliation.

3. Attempt of respondent to corrupt or

petitioner, to engage in prostitution or

connivance in such corruption or inducement.

4. Final judgment sentencing respondent to (conviction) imprisonment of more than 6

years, even if pardoned (executive pardon, not

pardon from offended party).

5. Drug addiction or habitual alcoholism of respondent.

 When it existed from the time of celebration, and concealed from petitioner, can be a ground for annulment of marriage. When it occurred only after the marriage, it is only a ground for legal separation, whether concealed or not.

6. Lesbianism or homosexuality of respondent.

ditto on rules on drug addiction.

7. Contracting by respondent of a subsequent

bigamous marriage, whether in the

Philippines of abroad.

8. Sexual infidelity or perversion.

9. Attempt on the life of petitioner by respondent.

There is no need for criminal conviction.

10. Abandonment of petitioner by respondent

without justifiable cause for more than one

year.

*In Gandioco v Peñaranda, the Supreme Court held that in sexual infidelity as a ground for legal separation, there is no need for prior conviction for concubinage, because legal separation only requires a preponderance of evidence, as opposed to proof beyond reasonable doubt required in concubinage. In fact, a civil action for legal separation based on infidelity may proceed ahead or simultaneously with the criminal action for concubinage,

Art. 56 Grounds for Legal Separation: 4 C’s, BP

1. Condonation by aggrieved party 2. Consent by aggrieved party to the

commission of the offense

3. Connivance between parties in the commission of the offense

4. Mutual guilt in ground for legal separation

5. Collusion between parties to obtain decree of legal separation

6. Prescription of action for legal separation

*Other grounds for denying legal separation:

7. Death of either party during pendency of action (Lapuz-Sy v Eufemio)

8. Reconciliation of parties during pendency of action (Art. 66 par.1)

Art. 57 prescription: 5y w/n occurrence of cause

Art. 58 no case can be tried before 6m w/n

filing

Art. 59 no legal separation may be decreed

unless Court has taken steps toward reconciliation of spouses—highly improbable

Art. 60 none based upon stipulation,

confession

Art. 61 after filing, entitlement to live

separately; court designates administrator in absence of written agreement

Art. 62 provisions of Art. 49 (custody,

support)

Art. 63 Effects of legal separation (ICLPI Crave Lolly Pops)

1. Disqualification of guilty spouse from inheritance by intestate succession. 2. Custody of minor children awarded to

innocent spouse

3. They are entitled to live separately, but marriage bonds are not dissolved 4. Property regimes (ACP/CPG)

dissolved and liquidated—forfeiture rule

Art. 64 after finality of decree, innocent

spouse may revoke donations in favor of guilty spouse (w/n 5 years of finality)

Art. 65reconciliation: joint manifestation

under oath

Art. 66 effects of reconciliation (TS)

1. Legal separation proceedings

terminated at whatever stage

2. Separation of property subsists unless spouses agree to revive property regime

Art. 67agreement to revive specifications

F. Rights and Obligations (Arts.

68-73, FC)

Wife leaves conjugal home because she was repeatedly asked by her husband to perform lascivious acts on his genital organ. Now suing for support. COURT HELD: wife is entitled to separate maintenance. She was forced to leave conjugal home without fault on her part. Husband cannot relieve himself of the duty imposed by law.

Art. 68mutual love and support Art. 69family domicile

Art. 70 spouses jointly responsible for

support of family

Art. 71 management of household right and

duty of both

injury—other party can apply for relief

Art. 73 legitimate profession, occupation,

business or activity unobjectionable, unless valid serious or moral grounds

G. Property Relations between

husband and Wife (74-148,

FC)

(see other handouts)

Art. 86 revocation of donations (6)(VGALRI —Very Good Aim, Like Really Ick)

1. Void ab initio marriage

2. Lack of consent from guardian 3. Annulment—donee acted in bad faith 4. Legal Separation—guilty spouse donee 5. Donee committed act of ingratitude

Art. 94 liabilities of ACP (10) (So Dana Dices Tomato Tapas In A Cupboard Of Love)

1. Support of spouse, all children ‘cept illegit

2. Debts and obligations contracted during the marriage by administrator-spouse, both spouses, spouse w/consent

3. Debts and obligations contracted by a spouse without consent if family benefited

4. Taxes, liens charges and expenses in community property

5. Taxes and expenses for mere

preservation upon separate property

of either spouse

6. Expenses for self-improvement 7. Ante-nuptial debts redounding to the

benefit of the family

8. Value of what is donated/promised in favor of common legitimate children for self-improvement

9. Other debts which would be considered advances to be deducted from share of debtor-spouse upon liquidation

10. Expenses of litigation between spouses (‘cept if groundless)

Art. 99 termination of ACP (4) (DLVJ)

1. Death

2. Legal separation

3. Declaration of nullity/annulment 4. Judicial separation of property

Art. 100 & 127 separation de facto (SCA— Super California Adventure)

1. Spouse who leaves w/o just cause not entitled to support

2. If consent of spouse is required for

transaction, judicial authorization can be obtained in summary proceedings 3. Absence of community property—

spouses’ separate property solidarily liable

Art. 102 liquidation procedure of ACP (I Party Day Night Light Dark)

1. Inventory

2. Payments of debts and obligations of ACP—if insufficient, Art. 94

3. Delivery of remaining exclusive properties

4. Net assets are divided equally unless stated otherwise

5. Legitimes of children (presumptive) delivered

6. Dwelling is adjudicated to spouse with whom majority of the children choose to remain

Art. 129 liquidation procedure of CPG (I Always Radically Party Day Midday Night Light Dark)

Art. 135 sufficient cause for JSP(6)

(CAPASA)

1. Penalty with civil interdiction

2. Spouse has juridically been declared an

absentee

3. Loss of parental authority of spouse decreed by court

4. Abandonment of spouse or failure to comply with obligations

5. Separation for at leas one year with high improbability of reconciliation 6. Abuse of power of administration in

marriage settlements

H. Family (149-162, FC)

attempted compromise has failed

Art. 152 dwelling house where husband and

wife or unmarried head of a family reside, and where it is situated

Art. 153 from time of constitution, family

home exempt from execution, forced sale or attachment except as provided and to extend of value allowed by law

Art. 154 beneficiaries of family home: (2)

1. Husband and wife/unmarried head 2. Parents, ascendants, descendants,

siblings who live in the family home and depend on support

Art. 155execution, forced sale and

attachment allowable if (3) (NPLM—

1. Nonpayment of taxes

2. Debts incurred prior to constitution of family home

3. Debts secured by mortgages on the premises before or after such

constitution

4. Debts due to laborers, mechanics,

architects, builders, materialmen…

those who have rendered construction to building

Art. 156 FH part of property regimes or sep

property with latter’s consent.

Art. 157Actual value shouldn’t exceed

 UrbanP300,000  RuralP200,000

Art. 158 may be sold/assigned/encumbered

with written consent of owner, spouse, and majority of beneficiaries of legal age

Art. 159FH shall continue despite death of

(Art. 152), for a period of 10 years or for as long as there is no minor beneficiary, but heirs cannot partition the same unless court finds compelling reasons therefore. Regardless of ownership.

Art. 160creditor can apply for sale under

execution if court finds actual value of FH exceeds amount allowed by law

Art. 161a person may constitute, or be the

beneficiary of, only one family home

*may case

I. Paternity and Filiation

(163-182, FC)

Art. 163 filiation may be by nature or by

adoption

Art. 164conceived or born during

marriage=legitimate; sperm donors

Art. 165 conceived or born outside valid

marriage=illegitimate

Art. 166 grounds of impugning legitimacy

(3) (PiliBA)

1. Physical impossibility (1st 120 days of 300 days before birth)

a. Physical incapacity to have sexual intercourse

b. Living separately c. Serious illness which

prevented intercourse 2. Biological or Scientific impossibility 3. Artificial Insemination—written

authorization obtained through mistake, fraud, violence, intimidation, or undue influence

Art. 167 child may be legit even if mom is

adulteress/says otherwise

Art. 168 If subsequent marriage

 Born within 300d after termination of

1st, 180d before solemnization of subsequent former marriage  Born after 180d of celebration of

subsequentsubsequent marriage

Art. 169 burden of proof of legitimacy of

child born after 300d after termination of marriage on whoever alleges legitimacy

Art. 170 action to impugn legitimacy shall

be brought within one year from knowledge of birth/recording; 2y if

husband/heirs do not reside there; 3y if not in Phils.; if concealed, discovery of

birth/record, whichever is earlier

Art. 171 only cases wherein heirs may

impugn (3)

1. If husband should die before expiration of period

2. If he should die after filing complaint, w/o having desisted

3. If child was born after death of husband

PROOF of FILIATION

Art. 172filiation is established by: (1) record

of birth, (2) written admission of filiation signed by parent concerned. If foregoing absent, legitimate filiation is proven by (1) open and continuous possession of status of legit child, (2) any other means allowed by RoC and special laws

Art. 173 Heirs of children have 5 years to

institute action to claim legitimacy if child dies while in minority or in a state of insanity

Art. 174rights of legitimate children (SSS)

1. Surname of both parents

2. Support of parents, ascendants, sibs 3. Successional rights granted by civil

code

ILLEGITIMATE CHILDREN

Art. 175 establish same way as legitimate

children

Art. 176 surname; legitime (1/2 of

legitimate)

LEGITIMATED CHILDREN

Art. 177 only those whose parents had no

legal impediment at the time of the conception may be legitimated

Art. 178 legitimation takes place by

subsequent valid marriage

Art. 179 same rights as legitimate children Art. 180 effects retroact to time of child’s

birth

Art. 181 legitimation of child who died

before celebration of subsequent marriage shall benefit child’s descendants

Art. 182 legitimation may only be impugned

by those whose rights are prejudiced, w/n 5y from the time the cause of their action accrues.

J. Adoption (183-193, FC)

capacitated and w/ full legal rights and civil capacity, provided he is in the position to support and care for the children, in keeping w/ means of family; only minors; 16y older (unless parent/spouse of parent)

Art. 184 persons who may not adopt (3)

(GMAfsj)

1. Guardian, prior to approval of final accounts rendered upon termination of guardianship

2. Someone who has been convicted of

moral turpitude

3. Alien, except

a. Former Filipinorelative by consanguinity

b. Spouse of Filipinolegit child of Filipino spouse

c. One seeking to jointly adopt a relative by consanguinity of the latter

*aliens not inc. may adopt in acc. w/ inter-country adoption as provided by law

Art. 185 husband and wife must jointly

adopt, except when (1) own illegitimate child, (2) legitimate child of the other spouse

Art. 186 joint parental authority Art. 187 may not be adopted (3) (LAP)

1. Legal age (‘cept if child by nature or consistent consideration)

2. Alien w/ no diplomatic relations 3. Person who has previously been

adopted, unless adoption has been previously revoked or rescinded

Art. 188 written consent of following to

adoption (5)

(10 APLIS)

1. Child to be adopted (10yo or older) 2. Parent by nature, guardian, gov.

instrumentality

3. Legitimate, adopted children of adopters, 10yo

4. Illegitmate children, if living w/ adopting parent

5. Spouse

Art. 189effects of adoption (3) (RAH)

1. Rights and obligations; surname; 2. Parental authority of parents by

nature terminates

3. Adopted shall remain intestate heir of parents and other blood relatives

Art. 190 legal/intestate succession of

adopted (6)

1. Legitimate and illegitimate children and descendants and surviving spouse 2. Parents v. adopters

3. Surviving spouse OR illegitimate children v. adopters

4. Adopters v. illegitimate children AND surviving spouse

5. When only adopters survive

6. When only collateral blood relatives of adopted survive

Art. 191judicial rescission (JR) if minor, if

18+

Art. 192 adopters may petition for JR (2)

(1) Act constituting ground for disinheriting a descendant

(2) Abandonment; any other repudiation

Art. 193 reinstating of parental authority of

parents by nature

K. Support (194-208, FC)

(Samantha Dayrit Crisostomo May Eat

Tommy)

 Sustenance, dwelling, clothing, medical attendance, education (profession, trade or vocation), transportation

Art. 195obligated to support each other (5)

1. Spouses

2. Ascendants and descendants 3. Parents and their legitimate children (and legit/illegit of latter) 4. Parents and their illegit (and legit/illegit of latter)

5. Legit brothers and sisters

Art. 196brothers not legitimately related are

likewise bound to support except when need for support is due to a cause

imputable to claimant’s fault or negligence

Art. 197 separate property liable

Art. 198 proceedings for spouses and

children supported by ACP/CPG; final judgmentmutual support ceases (exception: LS)

Art. 199liability of support order (Some Drive A Benz)

 Spousedescendantsascendantsbr others and sisters

Art. 200 obligation to support divided

between person in proportion to resources of each; if 2 or more recipients

Art. 201amount of support: proportionate to

resources of giver and necessities of recipient

Art. 202support would be reduced or

increased proportionately

Art. 203obligation to give support shall be

demandable from the time the person who has a right to receive the same needs it for maintenance, but shall not be paid except from date of judicial or extrajudicial demand

maintaining in dwelling

Art. 205right to receive support shall not be

levied upon on attachment or execution

Art. 206if stranger gives support w/o

knowledge of person obliged, stranger has right to claim from former (unless no intention of reimbursement)

Art. 207 any 3rd person may furnish support

when person obliged unjustly refuses/fails to give when urgently needed—the 3rd person has right of reimbursement from person obliged

Art. 208 contractual support/will—excess

beyond legal support is subject to levy on attachment or execution

L. Parental Authority (209-233,

FC)

Art. 209parental authority and

responsibility: (Can RaCE DoMoMPraWd)

Art. 210PAR may not be renounced or

transferred (‘cept in cases authorized by law)

Art. 211 joint exercise of PA over children;

father

Art. 212 one spouse: absence, death;

remarriage

Art. 213 separation; child 7yo w/ mom

(unless)

Art. 214 if both parents: death, absence,

unsuitability—surviving grandparent, designated by court

Art. 215no descendant shall be compelled in

a criminal case to testify against his parents and grandparents, except when such testimony is indispensable in a crime, against the descendant or by one parent against the other

SUBSITUTE AND SPECIAL PARENTAL AUTHORITY

Art. 216substitute parental authority in

default of parents or judicially appointed guardian (GOC)

1. Surviving grandparent 2. Oldest brother or sister (21+;

-unfit/disqualified)

3. Child’s actual custodian (21+; -unfit/disqualified)

Art. 217foundlings, abandoned, neglected,

abused children—heads of children’s homes, orphanages and similar institutions accredited by the proper gov. agency

Art. 218special parental authority: school,

administrators, teachers, individual, entity or institution engaged in child carewhile under their supervision, instruction or custody, inside or outside premises

Art. 219 those w/ special parental authority

principally and solidarily liable for damages

caused by acts or omissions of unemancipated minor.

 Parents, judicial guardians, sub-PA: subsidiarily liable.

 All not liable if proved they exercised proper diligence required

 Everything else—quasi-delicts, CC.

EFFECT OF PA ON CHILDREN

Art. 220rights and duties of parents and

those with PA to unemancipated children/wards (9) (SLGHGRODD—La

Salle Green Hills has an ODD GRade)

1. Love and affection

2. Support, provide for their upbringing…

3. Moral and spiritual Guidance, inculcate honesty, integrity, self-discipline, self-reliance…inspire compliance with duties of citizenship 4. Enhance, protect, preserve and

maintain physical and mental health at all times

5. To demand from them respect and

obedience

6. To impose discipline on them 7. To perform other such duties as are

imposed by law

8. to furnish them with good and wholesome educational materials, supervise their activities…prevent them from acquiring habits detrimental to their health, studies and morals 9. To represent them in all matters

affecting their interests

Art. 221 parents, those exercising PA—

civilly liable for injuries and damages caused

Art. 222 courts may appoint a guardian for

child/property

Art. 223 petition for disciplinary measures

over child

Art. 224 disciplinary measures may include

commitment of child for not more than 30d in entities or institutions

EFFECT OF PA UPON PROPERTY OF CHILD Art. 225parents jointly exercise legal

guardianship over property of their

unemancipated common child; if income or value>P50,000, parents furnish bond not less than 10 % of the value of the property

Art. 226property of unem. Child earned or

acquired with his work or industry or by onerous or gratuitous title—child’s in ownership, devoted to his support and education unless title provides otherwise

Art. 227 if child manages/administrates

parent’s property—net proceeds belong to parents; monthly allowance/entire

proceeds (not charged to legitime)

Art. 228PA terminates permanently (3)

(PCE)

1. Death of parent 2. Death of child

3. Emancipation of child

Art. 229 PA also terminates (but can be

revived by final judgment) (5) (AGAFA) 1. Upon adoption of child

2. Upon appointment of general

guardian

3. Upon judicial declaration of

abandonment of the child in a case

filed for the purpose

4. Upon final judgment of a competent court divesting party of PA

5. Upon judicial declaration of absence or incapacity of person exercising PA

Art. 230 PA suspended upon conviction of

parent or person exercising same of crime which carries penalty of civil interdiction; sentence, pardon, amnesty

Art. 231other reasons for suspension of PA

(4) (Hot Cold Big Large)

1. Treats the child with excessive

harshness or cruelty

2. Gives the child corrupting orders, counsel or example

3. Compels the child to beg

4. Subjects the child or allows him to be subjected to acts of lascviousness

Art. 232 sexual abuse=permanent

deprivation of PA

Art. 233no corporal punishment for special

PA

M. Emancipation and Age of

Majority (234-237, FC)

Art. 236 effect of emancipation Art. 237repealed by RA 6809

N. Summary Judicial

Proceedings (238 253, FC)