1L_Persons and Family Relations Flashcards

Question

What constitute fraud as ground for annulment?

Answer 1

**Article 46.** (1) Concealment of previous conviction at the time of marriage (2) Concealment of pregnancy (from other man other than husband) at the time of marriage (3) Concealment of STD at the time of marriage (4) Concealment of drug addiction and habitual alcoholism at the time of marriage (5) Concealment of homoxesuality or lesbianism (practicing) at the time of marriage

Answer 2

(1) Articulo mortis - Art. 27 (2) Residence in bario with no means of transportation - Art. 28 (3) Marriages among muslims or members of the ethnic communities - Art. 33 (4) 5-year continuous cohabitation - Art. 34

Answer 3

**Article 8.** (1) Chamber of judge or open court (2) church or chapel (3) office of the consul (4) office of the mayor (5) or any place designated by couple with a sworn statement requesting the solemnizing officer

Answer 4

Soleminizing Officer

Answer 5

**Article 17 of NCC.** (1) The forms and solemnities of contracts, wills, and other public instruments **shall be governed by the laws of the country in which they are executed**. (2) When the acts referred to are **executed before the diplomatic or consular officials** of the Republic of the Philippines in a foreign country, the solemnities established by **Philippine laws shall be observed** in their execution. **Article 26(1) of FC.** All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country.

Answer 6

**Article 15 of the New Civil Code.** Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

Answer 7

**Article 4.** (1) The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35(2) - S.O. w/o legal authority but parties believed in good faith. (2) A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45 - applicable only to consent. (3) An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

Answer 8

- The ceremony being referred to under the law is simply the appearance of the contracting parties before the solemnizing officer and their personal declaration before such officer that they take each other as husband and wife. - Thus, common-law marriages and marriages by proxy are not sanctioned in the Philippines because of failure to comply with the requirement of a marriage ceremony.

Answer 9

- Psychologica Incapacity - Article 36 of the Family Code provides for an entirely new ground to assail the validity of a marriage. - It was taken from Canon 1095(3) of the New Code of Canon Law

Answer 10

**Article 39.** The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.

Answer 11

**Article 41.** For the purpose of contracting the subsequent marriage under the preceding paragraph, the spouse present must **institute a summary proceeding** as provided in this Code **for the declaration of presumptive death** of the absentee, without prejudice to the effect of reappearance of the absent spouse.

Answer 12

**Article 41.** A marriage contracted by any person during the subsistence of a previous marriage shall be null and void unless before the celebration of the subsequent marriage, the **prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead**. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

Answer 13

**Article 42.** The subsequent marriage referred to in the preceding Article **shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse**, unless there is a judgment annulling the previous marriage or declaring it void ab initio. The reappearance of the absent spouse shall produce no effect on the subsequent marriage if the spouse present contracted the same in good faith.

Answer 14

**Article 50.** The final judgment in such cases shall provide for the liquidation, partition, and distribution of the properties of the spouses, the custody and support of the common children, and **the delivery of their presumptive legitimes** unless such matters had been adjudicated in previous judicial proceedings. **Article 53.** Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.

Answer 15

The Supreme Court enumerates the requisites for the issuance of a judicial declaration of presumptive death: (a) that the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code; (b) that the present spouse wishes to remarry; (c) that the present spouse has a **well-founded belief** that the absentee spouse is dead; and (d) that the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.

Answer 16

Jurisprudence state: The absence of a marriage license, as required by Article 35(3) of the Family Code, renders a marriage void ab initio. The marriage license is a formal requisite of marriage, and its absence cannot be cured by the presumption of validity or subsequent conduct of the parties as husband and wife.

Answer 17

Jurisprudence state: The presumption of validity of marriage can be rebutted by clear and convincing evidence, such as a certification from the local civil registrar attesting to the non-issuance of a marriage license. This presumption is strong but not conclusive, and when successfully rebutted, the marriage can be declared void ab initio.

Answer 18

Jurisprudence state: Falsification of marriage requisites, such as the marriage license, renders the marriage void ab initio. The law requires strict compliance with the requisites of marriage, and any falsehood or deceit involved in fulfilling these requisites leads to the nullity of the marriage.

Answer 19

Jurisprudence state: Both formal and essential requisites are critical for the validity of a marriage under the Family Code. The absence of any formal requisite, such as a marriage license, or the failure to fulfill essential requisites, such as mutual consent, can render the marriage void from the beginning.

Answer 20

Jurisprudence state: A judicial declaration of nullity is necessary for marriages that are void ab initio. This declaration is essential to ensure that the legal status of the parties is clearly established, protecting the rights of both the parties involved and any potential heirs.

Answer 21

Jurisprudence state: A "well-founded belief" requires more than mere suspicion or assumption of death; **it necessitates concrete, diligent, and reasonable efforts to locate the absent spouse.** These efforts must demonstrate that the spouse has exhausted all possible avenues to find their partner before presuming death. Failure to meet this standard means that a declaration of presumptive death cannot be granted, and any subsequent marriage would be void. This doctrine emphasizes the need for thorough search efforts, such as seeking assistance from authorities, making inquiries with relatives, and utilizing other resources to ascertain the whereabouts of the missing spouse.

Answer 22

Jurisprudence state: **No, a judicial declaration of presumptive death under Article 41 of the Family Code is specifically required for remarriage.** For other purposes, such as claiming benefits, the presumption of death under Articles 390 and 391 of the Civil Code may suffice, and it arises by operation of law without needing a court declaration. However, when the objective is to remarry, the law mandates strict compliance with the judicial process to prevent the premature or erroneous dissolution of marriages.

Answer 23

Jurisprudence state: **The spouse seeking to declare their partner presumptively dead carries the burden of proof. They must demonstrate that the absent spouse has been missing for the required period and that they have a well-founded belief in the spouse's death.** This belief must be supported by substantial efforts to locate the missing spouse, and any failure to meet these requirements results in the denial of the petition. The courts emphasize the protection of the marriage institution, requiring strict adherence to legal standards before allowing remarriage.

Answer 24

Jurisprudence state: The strict standard for the declaration of presumptive death under Article 41 of the Family Code is in place to protect the sanctity of marriage. The law prioritizes the preservation of marital ties and requires substantial proof before allowing remarriage, to prevent the premature dissolution of valid marriages and to safeguard against potential abuse.

Answer 25

Jurisprudence state: The presumption of death under Articles 390 and 391 of the Civil Code is primarily for civil purposes, such as inheritance, and does not require a judicial declaration. In contrast, under the Family Code, a judicial declaration is mandatory when the presumption of death is used as a basis for remarriage. This distinction ensures that remarriage is only permitted under stringent conditions.

Answer 26

Jurisprudence state: If the absent spouse reappears after being declared presumptively dead, the subsequent marriage is voidable. The present spouse must file for the annulment of the subsequent marriage to dissolve it legally. The law also requires that an affidavit of reappearance be filed to alert the courts of the spouse's return.

Answer 27

Jurisprudence state: Good faith plays a crucial role in presumptive death declarations. If the present spouse acted in good faith, genuinely believing that the absent spouse was dead and having made substantial efforts to locate them, the courts may be more sympathetic in their rulings. However, good faith alone is not enough; the legal requirements of a well-founded belief and diligent efforts must still be met.

Answer 28

Jurisprudence state: **Efforts to Locate the Absent Spouse** (1) Visiting multiple locations; (2) Inquiring with friends and relatives; (3) Seeking help from local authorities (4) Placing advertisement in newspapers and other media outlets **Documented Inquiries and Reports** (1) File mising person report (2) Seeking official assistance **Extended Duration of Absence Without Communication** (1) Minimum of 4yrs in normal situation (2) In case of potential death, 2yrs

Answer 29

Jurisprudence state: A subsequent marriage is presumed valid until declared null and void by a competent court. Administrative agencies, such as the Social Security Commission, cannot nullify a marriage based on their findings without a judicial decree.

Answer 30

Jurisprudence state: Yes, judgments in these proceedings are immediately final and executory and are not subject to ordinary appeal. The proper remedy is a petition for certiorari in cases of grave abuse of discretion.

Answer 31

Jurisprudence state: An action for **annulment of judgment** is the proper remedy when a declaration of presumptive death is obtained through extrinsic fraud, not merely the filing of an affidavit of reappearance.

Answer 32

Jurisprudence state: No, the subsequent marriage remains valid until a judicial declaration annuls it. The reappearance of the first spouse does not automatically nullify the second marriage unless the conditions under Article 42 of the Family Code are met.

Answer 33

Jurisprudence state: Only a competent court has the authority to declare a spouse presumptively dead and to annul subsequent marriages. Administrative agencies and other entities do not have the power to make such declarations.

Answer 34

Jurisprudence state: A foreign divorce decree obtained by an alien spouse may be recognized in the Philippines, provided that the divorce is valid according to the foreign spouse's national law. For such recognition, the divorce decree and the foreign law must be proven as facts under Philippine law on evidence.

Answer 35

Jurisprudence state: Yes, a divorce obtained by mutual consent can be recognized under Article 26(2) of the Family Code, provided that the divorce is valid under the foreign spouse’s national law and proven according to Philippine evidence rules.

Answer 36

Jurisprudence state: Conversion to Islam does not exempt an individual from criminal liability for bigamy unless the second marriage complies with the Code of Muslim Personal Laws. The **conversion itself does not dissolve the first marriage**, and the subsequent marriage remains subject to the Family Code if the legal requirements under Muslim law are not met.

Answer 37

Jurisprudence state: Pulido Doctrine - A void ab initio marriage can be used as a defense against a bigamy charge without requiring a prior judicial declaration of nullity. The marriage's void nature means it is legally non-existent from the outset.

Answer 38

Jurisprudence state: A subsequent marriage is void if the prior marriage is merely voidable and has not been annulled. The existence of a valid prior marriage precludes the validity of any subsequent marriage until the first marriage is legally annulled.

Answer 39

Jurisprudence state: A judicial declaration of nullity is necessary for resolving property relations arising from void marriages. This declaration serves as a legal basis for determining the distribution of property and addressing related legal issues.

Answer 40

Jurisprudence state: A **subsequent civil marriage does not supersede a prior Muslim marriage**. The **initial marriage under Muslim rites remains valid**, and the Muslim Code governs the marital relations.

Answer 41

Jurisprudence state: No, relitigation is not required. Recognition of a foreign judgment nullifying a bigamous marriage in Philippine courts only requires proof of the judgment as a fact.

Answer 42

Jurisprudence state: Pulido Doctrine - Yes, the absence of a marriage license renders a marriage void ab initio under the Family Code, which can be used as a defense in bigamy cases.

Answer 43

Jurisprudence state: Tan-Andal Doctrine - Psychological incapacity is a legal concept, not a medical condition, and it does not require a clinical diagnosis. It refers to the spouse's inability to understand and fulfill essential marital obligations due to a grave, incurable, and juridically antecedent mental condition. The totality of evidence suffices to establish psychological incapacity, without the need for a personal psychological examination of the incapacitated spouse.

Answer 44

Jurisprudence state: Tan-Andal Doctrine - To establish psychological incapacity under Article 36, the incapacity must meet the criteria of **juridical antecedence** (existing at the time of the marriage), **gravity** (seriousness that impedes the fulfillment of marital obligations), and **incurability** (inability to be remedied).

Answer 45

Jurisprudence state: No, a personal psychological examination is not necessary to establish psychological incapacity under Article 36. Collateral information and expert testimony are acceptable if the totality of evidence sufficiently demonstrates the incapacity.

Answer 46

Jurisprudence state: The totality of evidence approach considers all relevant facts and circumstances presented in court, including testimonies of witnesses and psychological reports. The credibility of these witnesses is crucial to establishing psychological incapacity.

Answer 47

Jurisprudence state: Yes, both spouses can be declared psychologically incapacitated if each suffers from a grave, incurable incapacity that existed at the time of marriage.

Answer 48

Jurisprudence state: Psychological incapacity prevents the incapacitated spouse from fulfilling essential marital obligations such as fidelity, support, mutual respect, and cohabitation. This dysfunction must be rooted in a personality disorder that existed at the time of marriage.

Answer 49

Jurisprudence state: A void marriage due to psychological incapacity legally restores both parties to their single status, dissolves the property regime, and affects custody and support arrangements. The children remain legitimate.

Answer 50

Jurisprudence state: Yes, psychological incapacity may exist without malice or fault. The incapacity stems from an inherent inability to fulfill marital obligations due to a personality disorder.

Answer 51

Jurisprudence state: The dissolution of property relations follows upon the declaration of nullity. The marriage is treated as if it never existed, and the property is divided according to the applicable property regime (co-ownership, FC147).

Answer 52

Jurisprudence state: The legitimacy of children remains unaffected by the nullity of a marriage based on psychological incapacity. Children born during the marriage are considered legitimate.

Answer 53

Jurisprudence state: Tan-Andal Doctrine - No, a clinical diagnosis is not required. Psychological incapacity under Article 36 is a legal concept and can be proven through a totality of evidence without the need for a medical or psychiatric evaluation.

Answer 54

Jurisprudence state: Marital difficulties, such as nagging or infidelity, do not automatically equate to psychological incapacity. Psychological incapacity must be a grave, enduring mental condition that prevents fulfilling marital obligations.

Answer 55

Jurisprudence state: No, expert testimony is not mandatory. Psychological incapacity can be proven through other evidence (totality of evidence), including testimonies of family members or close acquaintances.

Answer 56

Jurisprudence state: Yes, personality disorders, such as narcissistic, antisocial, or dependent personality disorders, can constitute psychological incapacity if they prevent the spouse from fulfilling marital obligations.

Answer 57

Jurisprudence state: Under A.M. No. 02-11-10-SC, only the husband or wife in the marriage may file a petition to declare the marriage void. This rule strictly limits the ability to challenge the validity of a marriage to the parties involved, ensuring that such matters are addressed only by those directly affected by the marital relationship.

Answer 58

Jurisprudence state: While generally, only the husband or wife may file a petition to declare a marriage void, heirs and collateral relatives may challenge the validity of a marriage in **estate settlement proceedings** or when their succession rights are directly affected by the marriage.

Answer 59

Jurisprudence state: Either spouse, whether psychologically incapacitated or not, can file a petition to declare the nullity of their marriage under Article 36 of the Family Code. The doctrine of unclean hands does not bar a psychologically incapacitated spouse from initiating such a petition.

Answer 60

Jurisprudence state: A **prior spouse** can file a petition to declare a subsequent marriage void based on bigamy. However, this standing is limited to the prior spouse, as the subsequent marriage is deemed void ab initio under the Family Code.

Answer 61

Jurisprudence state: No, heirs generally have only inchoate rights before the death of their predecessor, which do not allow them to file a petition to declare a marriage void. They may only challenge the marriage's validity after the spouse's death during estate proceedings.

Answer 62

**Article 39.** The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.

Answer 63

**Article 48:** The participation of the State, through the prosecuting attorney or fiscal, is essential to **prevent collusion** between the parties and to **ensure that evidence is not fabricated** or suppressed. Without the State's active involvement, the validity of the trial court's decision may be compromised, necessitating a remand for proper trial.

Answer 64

Jurisprudence state: Proper service of summons is critical in **establishing the court's jurisdiction over the parties**. **Any irregularity in the service of summons can invalidate the proceedings**, as it compromises the defendant's right to due process and increases the risk of collusion.

Answer 65

Jurisprudence state: Once a judgment in a nullity case becomes final and executory, it is generally **subject to the principle of res judicata, which bars the relitigation** of issues that have already been settled by a court of competent jurisdiction. Any jurisdictional challenge must **be raised in a separate action for annulment of judgment**.

Answer 66

**Article 49.** During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the Court shall provide for the support of the spouses and the custody and support of their common children. The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided to in Title IX. It shall also provide for appropriate visitation rights of the other parent

Answer 67

Jurisprudence state: A declaration of nullity due to psychological incapacity in one marriage can extend to an earlier marriage if both marriages occurred under similar circumstances.

Answer 68

Jurisprudence state: In **void marriages**, particularly those **under Article 36** of the Family Code, the **decree of nullity can be issued without waiting for the liquidation of properties** governed by co-ownership under Article 147.

Answer 69

Jurisprudence state: Only the **aggrieved spouse in the subsequent marriage** has the standing to file a petition for the declaration of nullity due to **non-compliance with Articles 52 and 53** of the Family Code.

Answer 70

Jurisprudence state: Filing a separate petition in another court to declare properties as paraphernal during the pendency of a nullity case constitutes forum shopping, as all related issues should be resolved within the same proceeding.

Answer 71

Jurisprudence state: Co-ownership in void marriages under Article 147 of the Family Code ceases upon the separation of the parties. Post-separation acquisitions are owned solely by the contributing spouse.

Answer 72

Family Code state: Failure to comply with Articles 52 and 53, which mandate partition and delivery of presumptive legitimes, nullifies the subsequent marriage.

Answer 73

Under Article 147, properties acquired during a void marriage are divided equally, regardless of the disparity in contributions.

Answer 74

Jurisprudence state: Only the spouse directly affected by non-compliance with Articles 52 and 53 can file for nullity, not third parties such as heirs.

Answer 75

Jurisprudence state: Properties acquired after separation are not included in the co-ownership regime established by Article 147 and belong solely to the acquiring spouse.

Answer 76

**Article 176.** The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.

Answer 77

**Article 51.** In said partition, the value of the presumptive legitimes of all common children, computed as of the date of the final judgment of the trial court, shall be delivered in cash, property or sound securities, unless the parties, by mutual agreement judicially approved, had already provided for such matters.

Answer 78

Jurisprudence state: No, the use of a husband’s surname by the wife is permissive, not obligatory. Upon dissolution of the marriage, a woman may revert to her maiden name without requiring judicial approval, depending on the circumstances surrounding the marriage's end.

Answer 79

Jurisprudence state: No, a married woman who has adopted her husband's surname in her passport cannot revert to her maiden name unless the marriage is annulled, declared void, or dissolved through divorce.

Answer 80

Jurisprudence state: Judicial approval is generally not required for a woman to revert to her maiden name after the dissolution of her marriage. The decision to resume a maiden name is a personal choice that does not necessitate a formal court process, especially when the marriage is annulled, declared void, or dissolved by divorce.

Answer 81

Jurisprudence state: The sale of conjugal property by a surviving spouse without prior liquidation is not entirely void. It is **valid concerning the share of the vendor spouse** that will eventually be allotted to them in the final partition. **The buyer of such property becomes a co-owner** with the heirs of the deceased.

Answer 82

Jurisprudence state: Upon the death of a spouse, the conjugal partnership is dissolved, and the property is subject to liquidation. **Any sale or disposition made by the surviving spouse without prior liquidation affects only the seller's undivided share** and does not prejudice the interests of the other heirs.

Answer 83

Jurisprudence state: Property dispositions by the surviving spouse without prior liquidation of the conjugal partnership are not void in their entirety. The nullity of such dispositions is limited to the undivided interest of the other heirs. The sale is valid only to the extent of the vendor spouse's share.

Answer 84

Jurisprudence state: Upon the death of a spouse, an **implied co-ownership** arises among the surviving spouse and the heirs. The surviving spouse can dispose of their share, but this does not prejudice the co-ownership interests of the other heirs.

Answer 85

Jurisprudence state: Vested rights of the surviving spouse are protected, allowing them to dispose of their undivided share even without prior liquidation. However, such dispositions do not affect the vested rights of the heirs to their respective shares.

Answer 86

Jurisprudence state: The appropriate remedy in disputes over the sale of undivided property is an **action for partition, not nullification of the sale**. This allows for the proper division of the property according to the shares of the co-owners.

Answer 87

Article 493 of the Civil Code allows a co-owner to sell their undivided share, while Article 130 of the Family Code mandates liquidation of conjugal property upon the death of a spouse. The sale of an undivided share is valid, but the buyer becomes a co-owner with the other heirs.

Answer 88

**Breakdown:** - **Ages 21-25:** Individuals in this age range must seek parental or guardian advice before marriage. - **If No Advice or Unfavorable Advice:** The marriage license will be delayed for three months. - **Sworn Statement:** The couple must submit a sworn statement saying they sought advice, with the written advice attached if available. If the advice was refused, this should also be stated. **Salient Points:** - The law acknowledges the maturity of individuals over 21 but still values parental input. - The provision introduces a waiting period (three months) as a way to ensure that individuals consider the implications of their marriage. **Summary:** If you’re between 21 and 25, you need to ask your parents for advice before getting married. If they don’t give it or say something negative, you’ll have to wait three months before you can get married. You also need to prove that you asked for their advice.

Answer 89

**Breakdown:** - **When Required:** When parental consent (for those under 21) or parental advice (for those 21-25) is needed. - **Counseling Certificate:** A certificate from a priest, imam, minister, or accredited marriage counselor is required to confirm that the couple has undergone marriage counseling. - **Consequence of Not Attaching Certificate:** Failure to attach this certificate results in a suspension of the marriage license for three months. - **Issuing Officer’s Liability:** If a license is issued during the prohibited period, the officer faces administrative sanctions, but the marriage remains valid. **Salient Points:** - Emphasizes the importance of marriage counseling, especially when young people are involved. - Ensures that both parties are fully aware of the responsibilities they are taking on. **Summary:** If you need your parents’ permission or advice to get married, you also need to go through marriage counseling and get a certificate proving it. If you don’t, you’ll have to wait three more months to get married. The official who gives you the license too early might get in trouble, but your marriage is still valid

Answer 90

**Breakdown:** - **Notice Preparation:** The local civil registrar must prepare a notice containing the full names of the marriage applicants, their ages, and their parents’ or guardians’ names. - **Posting:** This notice must be posted on a bulletin board outside the local civil registrar’s office for ten consecutive days. - **Location:** The posting should be done in a place visible to the community where either party lives. **Salient Points:** - Ensures transparency and allows the public to be informed about impending marriages. - Gives an opportunity for any objections or concerns to be raised before the marriage is solemnized. **Layman’s Summary:** Before you can get married, the local civil registrar must post a notice with your names and other details in a public place for ten days. This is to make sure everyone in the community knows about it and can raise any issues if needed.

Answer 91

1. **Void Marriages as a Defense in Bigamy:** The Supreme Court's ruling clarifies that a marriage that is void ab initio does not need a prior judicial declaration of nullity to serve as a defense in bigamy cases. This is a departure from earlier jurisprudence that required such a declaration before the accused could remarry or use it as a defense against bigamy charges. The ruling recognizes the retroactive effect of a void marriage, meaning that for all legal purposes, the marriage is treated as if it never existed. 2. **Harmonization of Laws:** The decision harmonizes the Family Code and the Revised Penal Code. While Article 40 of the Family Code mandates a judicial declaration of nullity for purposes of remarriage, this requirement does not extend to criminal prosecutions for bigamy. This distinction is crucial because it prevents an overly harsh application of the law that could result in unjust convictions. 3. **Impact on the Sanctity of Marriage:** By allowing a void marriage to be a defense without a prior judicial declaration, the Court underscores that the law's primary concern is with the validity of marriages. This decision protects individuals from being wrongfully convicted of bigamy when the first marriage was never legally valid in the first place. It also maintains the integrity of the institution of marriage by ensuring that only valid marriages are protected under the law.

Answer 92

**Article 147** applies when a man and a woman live together as husband and wife without the benefit of marriage or under a void marriage, provided they are legally capacitated to marry each other (i.e., there are no legal impediments such as an existing valid marriage with another person). **In this scenario:** - **Ownership of Property:** The wages, salaries, and properties acquired by both parties through their joint work or industry are governed by the rules of co-ownership. This means that these properties are presumed to be owned equally by both parties, regardless of who earned more or who directly acquired the property. - **Contribution:** If one party primarily took care of the family and household (e.g., a homemaker), their efforts are considered as contributing to the acquisition of property, thus entitling them to an equal share. - **Forfeiture:** If the relationship is based on a void marriage where only one party was in good faith (unaware of the marriage's void nature), the share of the party in bad faith (who knew of the void nature) is forfeited in favor of their common children. If there are no children, the share goes to the innocent party.

Answer 93

**Article 148** applies in situations where the cohabiting parties are not legally capacitated to marry each other, such as when one or both parties are already married to someone else. **In this scenario:** - **Ownership of Property:** Only the properties acquired through the actual joint contribution of money, property, or industry are considered co-owned, and each party's share is proportional to their contribution. Unlike Article 147, there is no presumption of equal ownership. - **Forfeiture:** If one party is validly married to another, their share of the co-owned property accrues to the absolute community or conjugal partnership of their valid marriage. If the party acted in bad faith, their share is forfeited in favor of the children or the innocent party, similar to the provisions in Article 147. This forfeiture applies even if both parties are in bad faith.

Answer 94

Legitimate

Answer 95

Illegitimate

Answer 96

Void ab initio

Answer 97

Elements of psychological incapacity: (1) Gravity (2) Incurability and Permanence (3) Juridical Antecedence

Answer 98

Jurisprudence state: A marriage cannot be annulled on the ground of insanity if the alleged insanity manifested only after the marriage, and if the couple cohabited freely for a significant period without any indication of mental derangement at the time of marriage.

Answer 99

Jurisprudence state: No, the non-disclosure of a pre-marital relationship or previous pregnancy does not constitute fraud under Article 46(2) of the Family Code unless the pregnancy was ongoing and concealed at the time of the marriage.

Answer 100

Jurisprudence state: Yes, under Article 46(2) of the Family Code, the concealment by the wife of her pregnancy by another man at the time of marriage constitutes fraud and is a valid ground for annulment.

Answer 101

Jurisprudence state: The concealment of homosexuality (practicing) can constitute fraud if it vitiates the consent of the other party, but homosexuality per se is not a ground for annulment.

Answer 102

Jurisprudence state: No, acts such as sexual infidelity and abandonment that occur after marriage do not automatically constitute psychological incapacity. The incapacity must be proven to have existed at the time of marriage.

Answer 103

**Article 45.** Fraud must directly affect the consent of the party at the time of the marriage to constitute a valid ground for annulment.

Answer 104

Jurisprudence state: Mere intimidation or threats, which do not legally amount to force or violence, are not sufficient grounds for the annulment of a marriage. The validity of a marriage is strongly presumed once the formalities have been observed.

Answer 105

Jurisprudence state: The test of impotency in annulment cases is not the ability to procreate but the ability to copulate or consumate. Sterility or barrenness is not a valid ground for annulment.

Answer 106

Jurisprudence state: Specific party (injured party) based on the grounds under Article 45 of the Family Code (e.g., lack of parental consent, insanity, fraud, force, physical incapacity, or sexually-transmissible disease).

Answer 107

**Article 47.** Generally, within 5years after the occurence or after the age of 21.

Answer 108

Jurisprudence state: Yes, a foreign divorce obtained by a foreign spouse is recognized in the Philippines if valid under the foreign spouse's national law. The Filipino spouse may remarry under Article 26(2) of the Family Code.

Answer 109

Jurisprudence state: Yes, as long as the foreign divorce is valid under the foreign spouse's national law, a divorce by mutual consent can be recognized.

Answer 110

Jurisprudence state: The fact of the divorce and the applicable foreign law must be proven as facts before Philippine courts, with proper authentication of documents.

Answer 111

Jurisprudence state: Yes, a Filipino spouse may have a foreign divorce recognized even if they initiated it, provided the foreign law allows the divorce and capacitated the foreign spouse to remarry.

Answer 112

Jurisprudence state: No. A foreign divorce obtained by a Filipino (both married in the Philippines) is not recognized under Philippine law, and subsequent marriages would be considered bigamous.

Answer 113

Jurisprudence state: Yes, as long as the foreign divorce is valid under the foreign spouse's national law and the foreign law is proven in Philippine courts.

Answer 114

Jurisprudence state: Yes, provided the foreign divorce and the applicable law are proven.

Answer 115

Jurisprudence state: A petition must be filed in the proper venue and must comply with the Rules of Court to correct entries in the civil registry and recognize foreign divorces.

Answer 116

Jurisprudence state: Yes, in the interest of justice, the Supreme Court can remand cases for the submission of additional evidence to prove foreign divorce and law.

Answer 117

Jurisprudence state: Yes, a foreigner has the legal capacity to file a petition for nullity of marriage if the marriage was celebrated in the Philippines.

Answer 118

Jurisprudence state: No, foreign law must be proven as fact before Philippine courts.

Answer 119

**Article 15 of the New Civil Code.** Yes, under the nationality principle, the personal law of a Filipino follows them wherever they are, and divorce is not allowed under Philippine law unless the foreign spouse obtains a valid divorce in their country.

Answer 120

Jurisprudence state: Yes, a foreign divorce obtained by a foreign spouse in a mixed marriage (Filipino and foreigner) is recognized in the Philippines if it is valid under the foreign spouse’s national law.

Answer 121

Jurisprudence state: Yes, if the foreign spouse obtained a valid divorce under their national law, the Filipino spouse can remarry without incurring liability for bigamy once the divorce is judicially recognized.

Answer 122

Jurisprudence state: Yes, dual citizens can invoke Article 26(2) of the Family Code to recognize foreign divorces obtained abroad.

Answer 123

Jurisprudence state: The petition for recognition of a foreign divorce and correction of civil registry entries **must be filed in the court where the civil registry is located**, and venue is jurisdictional.

Answer 124

Jurisprudence state: If the foreign law is not proven, the court may apply the **doctrine of processual presumption**, meaning Philippine law will govern the case.

Answer 125

Jurisprudence state: The party seeking recognition of a foreign divorce has the burden of proving both the fact of the divorce and the applicable foreign law.

Answer 126

Jurisprudence state: When both parties are Muslims, the **Muslim Code (PD 1083)** governs the marriage, even if the couple later renews their vows under civil rites. **The first marriage, performed under Muslim rites, is the validating one**. The renewal of vows under civil law is merely ceremonial and does not change the governing law.

Answer 127

Jurisprudence state: A valid divorce under the Muslim Code, such as through **talaq**, effectively severs the marriage bond, making subsequent marriages lawful. The Revised Penal Code provisions on bigamy do not apply to a marriage dissolved under the Muslim Code.

Answer 128

Jurisprudence state: The **Muslim Code (PD 1083)** cannot retroactively apply to marriages governed by the Civil Code unless both parties explicitly declare their intent to be governed by Muslim law. Marriages celebrated before the enactment of the Muslim Code in 1977 are governed by the Civil Code, and subsequent marriages during the subsistence of an earlier marriage are considered bigamous.

Answer 129

Jurisprudence state: Once a divorce decree issued by the Shari’a Circuit Court becomes final, it constitutes **res judicata** and cannot be collaterally attacked in subsequent proceedings. The divorce is irrevocable, and the parties are free to remarry.

Answer 130

Jurisprudence state: Divorces granted under ethnic customs and practices that are contrary to existing laws, such as the prohibition of bigamy, cannot be legally recognized. **Only marriages solemnized according to non-Christian customs are recognized by the State, but not their dissolution**. The dissolution of a marriage under ethnic customs is not recognized unless explicitly allowed by law, such as in the case of Muslim Personal Laws.

Answer 131

(1) **Separation in fact** - a separation *de facto*. The spouses live apart, but no action has been filed in court. (2) **Separation de jure** - After the filing of the petition for legal separation, the spouses shall be entitled to live separatrely from each other. (3) **Legal separation** - separation by way of judgement of a court.

Answer 132

Jurisprudence state: **Extrajudicial agreements between spouses to dissolve their marriage** or separate without judicial approval, such as in the form of a "Kasunduan ng Paghihiwalay," **are void and against public policy**. Lawyers who prepare or notarize such agreements violate the Code of Professional Responsibility.

Answer 133

Jurisprudence state: Yes. A spouse who engages in abusive conduct may lose the right to compel cohabitation and may be required to provide support outside the conjugal home.

Answer 134

Jurisprudence state: Yes. Infidelity can serve as a ground for legal separation and may constitute psychological violence under Republic Act No. 9262.

Answer 135

Jurisprudence state: Yes. Abandonment without just cause for over a year constitutes grounds for legal separation and may lead to judicial separation of property.

Answer 136

Jurisprudence state: Psychological incapacity requires a grave, incurable condition existing at the time of marriage, whereas acts like infidelity or abandonment are grounds for legal separation but not nullity.

Answer 137

Jurisprudence state: Yes. Emotional and psychological abuse inflicted by one spouse can justify legal separation under Article 55 of the Family Code.

Answer 138

Jurisprudence state: Yes. Habitual gambling and neglect of duties, particularly when associated with other forms of misconduct like infidelity, can justify legal separation.

Answer 139

Jurisprudence state: Yes. Physical abandonment for an extended period, even without emotional detachment, can still serve as grounds for legal separation.

Answer 140

Jurisprudence state: No, homosexuality **per se** is not a ground for legal separation under the Family Code of the Philippines. However, its **concealment at the time of marriage** can serve as a ground for annulment. Homosexuality by itself is not listed as a ground for legal separation, though misconduct related to it, **such as infidelity**, might justify legal separation.

Answer 141

Jurisprudence state: Yes. Habitual intoxication that causes harm to the family or leads to the neglect of marital obligations is a ground for legal separation.

Answer 142

Jurisprudence state: Yes. Extramarital affairs violate the sanctity of marriage and are grounds for legal separation under Article 55 of the Family Code.

Answer 143

**Article 55.** (1) Repeated physical violence or grossly abusive conduct (2) Moral pressure to compel to change religion or political affiliation (3) Inducement to engage in prostitution (4) Imprisonment of more than six years (5) Drug addiction or habitual alcoholism (6) Homosexuality or Lesbianism (7) Bigamous marriage (8) Sexual infidelity (9) Attempt against life (10) Abandonment in not less than 1yr

Answer 144

(1) Consent - gives consent to wrongful act (2) Condonation - forgiveness (3) Recrimination - the aggrieved spouse equally guitly of marital misconduct (4) Collusion - illegal agreement (5) Prescription - allowed time limit for filing the petition (6) Reconciliation - spouses reconcile (7) Death - one of the party dies

Answer 145

Jurisprudence state: Yes, while the six-month period under Article 103 of the Civil Code is designed to encourage reconciliation, the court can address urgent ancillary matters like child custody, temporary support, and property management during this period. This ensures the protection of the parties' immediate rights and interests.

Answer 146

Jurisprudence state: No, a decree of legal separation cannot be based solely on a confession of judgment or stipulation of facts. The court must ensure that there is no collusion between the parties, and independent evidence must support the grounds for legal separation.

Answer 147

Jurisprudence state: An action for legal separation abates upon the death of one of the spouses. Since the action is personal in nature and the marriage is dissolved by death, the proceedings cannot continue.

Answer 148

Jurisprudence state: Yes, when a husband has given cause for legal separation or divorce, the wife may acquire a separate domicile to file her case, and she may seek protection of her rights, including preventing the alienation of conjugal property.

Answer 149

Jurisprudence state: Yes, a legal separation case **may proceed independently** of a criminal case for concubinage. **Legal separation focuses on conjugal rights and is not dependent on the criminal conviction of the spouse**.

Answer 150

Jurisprudence state: Yes, the court can issue urgent injunctions, such as those preventing the alienation of property or protecting a spouse's interests, even before the six-month period concludes.

Answer 151

Jurisprudence state: Yes, the court is required to investigate possible collusion between the spouses to ensure that the legal separation is genuine and that the grounds for separation are independently proven.

Answer 152

Jurisprudence state: Support pendente lite may be granted, but it hinges on the existence of a valid marriage and the innocence of the spouse seeking support.

Answer 153

Jurisprudence state: Yes, courts can issue preliminary injunctions to prevent the dissipation of conjugal properties while legal separation cases are pending.

Answer 154

**Article 103 of the New Civil Code.** The six-month "cooling-off" period under Article 103 of the Civil Code does not prevent courts from resolving urgent matters such as child custody and support pendente lite.

Answer 155

Jurisprudence state: Criminal liability for denial of financial support requires proof of willful intent to cause emotional or psychological harm.

Answer 156

Jurisprudence state: Yes, during legal separation cases, the innocent spouse may be designated as the temporary administrator of the conjugal property to prevent dissipation and ensure proper management.

Answer 157

Jurisprudence state: Yes, the innocent spouse may acquire a separate domicile when the husband’s conduct has provided justifiable grounds for legal separation.

Answer 158

Jurisprudence state: Consent to the adulterous or illicit act **bars the offended spouse from pursuing legal separation** or prosecuting the offender. Prolonged acquiescence or a prior agreement allowing illicit **acts can constitute valid consent**, preventing the spouse from seeking legal remedies.

Answer 159

Jurisprudence state: Yes, resuming marital relations with knowledge of the spouse's adultery constitutes condonation, which bars legal separation.

Answer 160

Jurisprudence state: No, recrimination applies when both spouses have committed offenses. Legal separation may only be claimed by the innocent spouse.

Answer 161

Jurisprudence state: Yes, collusion or mutual consent to separate can invalidate a claim for legal separation.

Answer 162

Jurisprudence state: Yes, legal separation abates upon the death of a spouse, and any related property claims cease.

Answer 163

Jurisprudence state: Yes, a legal separation case must be filed within five years of the discovery of the offense; otherwise, the right to file prescribes.

Answer 164

Jurisprudence state: No, if the abandonment was for a justifiable reason, such as physical abuse, it does not bar the filing of legal separation.

Answer 165

Jurisprudence state: Yes, failure to prove the alleged ground for legal separation, such as sexual infidelity or violence, will result in the denial of the petition.

Answer 166

Jurisprudence state: Yes, if the spouses voluntarily agreed to separate and not interfere in each other's affairs, it may bar legal separation.

Answer 167

Jurisprudence state: Yes, the law requires the inclusion of both the guilty spouse and their paramour in adultery prosecutions, failing which the case may be dismissed.

Answer 168

Jurisprudence state: The guilty spouse's share in the net profits is forfeited in favor of the children or the innocent spouse, as provided by Article 129(7) of the Family Code.

Answer 169

Upon legal separation, the conjugal partnership is dissolved, and any remaining properties are co-owned unless proven otherwise.

Answer 170

**Article 371 of the New Civil Code.** A wife is generally required to continue using her married name even after legal separation, as the marital bond remains intact.

Answer 171

Jurisprudence state: Custody is usually awarded to the innocent spouse, in line with the best interest of the child.

Answer 172

**Article 39.** The action or defense for the **declaration of absolute nullity of marriage shall not prescribe**.

Answer 173

**Article 50.** No, it is only applicable to subsequent marriages described in Art. 40 and 43, and to voidable marriages described in Art. 45.

Answer 174

**Article 213.** No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise. **Article 63.** The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213.

Answer 175

Jurisprudence state: (1) Divorce Decree (2) Proof of Foreign Citizenship (3) Marriage Certificate

Answer 176

**Article 165.** Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code.

Answer 177

Refer to the portion of the estate that is presumed to be the rightful inheritance of legitimate heirs (such us children).

Answer 178

**Article 15, 16, and 17.** For contracting party between the age of 21 and 25: (1) If no parental advice was given = 3months waiting time (2) If no marriage counselling certificate were issued/obtained = 3months waiting time (3) Posting of the party at registrar's bulletin board = 10days waiting time

Answer 179

**Article 148.** If one party is validly married to another, his share of the co-owned property accrues to the absolute community or conjugal partnership of the valid marriage.

Answer 180

**Article 147.** If the relationship is based on a void marriage where only one party is in good faith (unware of the nature of other party's marriage), the share of the party in bad faith (who knew of the void nature) is forfeited in favor of his common childred. If there are no children, the share goes to the innocent party.

Answer 181

**Article 147.** Presumes equal ownership of property acquired during the relationship. **Article 148.** Does not presume equal ownership. Instead, property is based on the actual contributions made by each party.

Answer 182

August 3, 1988

Answer 183

Civil Code is a collection of laws which **regulate the private relations** of member of society, **determining their respective rights and obligations**, with reference to persons, things and civil acts

Answer 184

August 30, 1950

Answer 185

**Article 2 NCC:** Laws shall take effect after 15 days following the completion of their publication either in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided.

Answer 186

**"Laws” refer to:** 1. Presidential Decrees and Executive Orders 2. Administrative Rules and Regulations - if the purpose is to enforce or implement existing laws 3. Monetary Board Circulars - circulars which prescribed a penalty for violation

Answer 187

It refers to the date of effectivity and not the publication requirement.

Answer 188

It shall take effect only after **15days** **FOLLOWING** its complete publication. **Formula:** Date of Publication + 16days

Answer 189

- "15 days **AFTER** its publication" = **Date of Publication + 15days** - "after 15days **FOLLOWING** its publication" = **Date of Publication + 16days**

Answer 190

No, Article 2 of the New Civil Code does not preclude the requirement of publication even if the law provides for its own effectivity. Also, the objective of the law is to give the general public adequate notice of various laws which to regulate their actions and conduct as citizens. Without notice of publication, there is no basis for the application of the maxim “ignorantia legis non excusat.” Also, without notice would directly violates Section 6 of the Bill of Rights - the right of the people to information on matters of public concern.

Answer 191

No, the publication of laws requires printed form pursuant to Art. 2 of the Civil Code and Sec. 18 of the Administrative Code.

Answer 192

No, it will only become effective immediately upon its publication. When the law provides for its immediate effectivity upon approval, it must properly be interpreted as coming into effect immediate upon its publication.

Answer 193

Yes, the legislative may, in its discretion provide that the usual 15-day period be shortened or extended.

Answer 194

Laws and presidential issuances of general application **must be published in the Official Gazette to be effective**, ensuring public awareness and compliance with due process.

Answer 195

The law takes effect **fifteen days after publication in a newspaper of general circulation** unless otherwise provided, but the requirement of publication itself cannot be omitted.

Answer 196

**Article 3:** Ignorance of the law excuses no one from compliance therewith. - The presumption of knowledge of laws under Article 3 of the Civil Code is conclusive. Everyone is conclusively presumed to know the law. - Actual notice is not required since constructive notice is sufficient. - The conclusive presumption that every person knows the law presupposes that the law has been published. - Without such notice of publication, there would be no basis for the application of the maxim *"ignorantia legis non excusat"*

Answer 197

**Article 4:** Laws shall have no retroactive effect, unless the contrary is provided. - **General rule:** Laws are to be construed as having only prospective operation. - *"Lex prospicit, not respicit:"* the law looks forward, not backward. This is due to the unconstitutional result of retroacting a law's application: it **divests vested rights** or **impairs obligation of contract**. - **Exception:** Laws may be given retroactive effect: (1) if the law itself provides for retroactivity; (2) penal laws favorable to the accused; (3) if the law is procedural; (4) when the law is curative; and (5) when law creates new substantive rights.

Answer 198

- **Mandatory Laws** - the law commands that something must be done e.g. filing of tax under National Internal Revenue Code. - **Prohibitory Laws** - the law commands that something should not be done e.g. possession of illegal drugs under the Comprehensive and Dangerous Drug Act - **Permissive Laws** - the law commands that what it permits to be done should be tolerated or respected e.g. adoption of a child under Adoption Act.

Answer 199

**Article 6:** Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs or prejudicial to a third person with a right recognized by law. **Requisites of a Valid Waiver** - In order for that person may be considered to have validly renounced a right, the following requisites should be present: (1) that the **person making the waiver possesses the right**; (2) that he **has the capacity and power to dispose the right**; (3) that the **waiver must be clear and unequivocal** manner although it may be made expressly or impliedly; and (4) that the **waiver is not contrary to law, public policy, public order, morals, good customs or prejudicial to a third person** with a right recognized by law.

Answer 200

- Laws are repealed in two ways: (1) *expressly* (2) *impliedly* - **Express repeal** is that contained in a special provision of a law, known as the repealing clause, and the latter identifies or designates the law to be abolished. - **Implied repeal** takes place when the provisions of the subsequent law are incompatible with those of an earlier law and there is no express repeal. - Implied repeal are not to be favored because they rest only on the presumption that because the old and the new laws are incompatible with each other. - There must be a plain, unavoidable, and irreconcilable repugnancy between the two.

Answer 201

**Article 8:** Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. - Under Article 8 of the New Civil Code, the decisions of the Supreme Court from part of the country's legal system. - While these decisions are not laws pursuant to the doctrine of separation of powers, they evidence the laws' meaning, breadth, and scope and, therefore, have the same binding force as the laws themselves. - Article 8 of the New Civil Code embodies the basic principle of *"stare decisis et non quieta movere"* (to adhere to precedents and not to unsettle established matters) that enjoins the adherence to judicial precedents embodied in the decision of the Supreme Court.

Answer 202

**Section 31: Legal Periods.** - "Year" shall be understood to be twelve calendar months; "month" of thirty days, unless refers to a specific calendar in which case it shall be computed according to the number of days the specific month contains; "day" to a day of twenty four hours; and night from sunset to sunrise.

Answer 203

**Article 15 of NCC:** Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. - Following the nationality rule, it is the national law of the person involved, whether he is a Filipino or a foreigner, that will apply if the issue in a given case relates to any of the following: **(1) family rights and duties, (2) legal status of persons; (3) condition of persons; or (4) his or her legal capacity**.

Answer 204

**Article 37 of NCC:** **Juridical capacity**, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. **Capacity to act**, which is the power to do acts with legal effect, is acquired and may be lost. Alternative meaning: - **Juridical Capacity** = **Legal Capacity** - **Capacity to Act** = **Legal Capacity to Act** or **Active Capacity** - **Juridical Act** = **Legal Act**

Answer 205

Juridical capacity + Capacity to act

Answer 206

**Articles 38 and 39 of NCC.** - Minority - Insanity - Imbecility - Deaf-Mutism - Civil Interdiction - Prodigality - Alienage - Absence - Insolvency & Trusteeship - Physical Incapacity or Disease

Answer 207

**Article 40 of NCC:** Birth determines personality; but the **conceived child shall be considered born for all purposes that are favorable to it**, provided it be born later with the conditions specified in the following article. **Article 41 of NCC:** For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, **if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb**.

Answer 208

**Article 42 of NCC:** Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will.

Answer 209

**Article 44 of NCC:** The following are juridical persons: (1) **The State** and its political subdivisions; (2) Other **corporations**, **institutions** and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law; (3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct form that of each shareholder, partner or member.

Answer 210

**Article 1327 of NCC:** The following cannot give consent to a contract: - Unemancipated minors; - Insane or demented persons, and deaf-mutes who do not know how to write. **Article 1328 of NCC:** Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable.

1L_Persons and Family Relations Flashcards

(235 cards)