2 Flashcards
(33 cards)
Is the certificate of compliance under the RH Law constitutional?
Yes, it is. Sec. 15 of the RH Law requiring a certificate of compliance for would-be couples to receive information on family planning, responsible parenthood, child nutrition, and breastfeeding does not go against one’s religious freedoms or convictions since the requirement simply requires applicants to be properly informed with regards to family planning methods but does not require or bind them to subscribe to family planning methods which they feel are against their religious convictions.
Can a Muslim convert divorce his wife if he married his wife under civil rites?
No, he cannot. Art. 13 of PD 1083 states that the Code of Muslim Personal Laws only applies to marriages between two Muslims or where the husband is a Muslim and is solemnized in accordance with Muslim law. Since he was married under civil rites, the Civil Code or Family Code applies which does not have divorce.
What are the additional requirements for aliens to contract a marriage in the Philippines?
An alien would have to present a certificate of capacity for marriage signed by his or her diplomatic or consular official, and if that alien is a refugee or stateless, an affidavit with the circumstances being stated may suffice.
Does RA 9262 disqualify a husband from inheritance?
No, it does not. Disqualification from inheritance only applies in voidable marriages or in legal separation under the provisions of the Family Code. However, since the grounds under RA 9262 may give rise to a cause for legal separation, should the wife wish to pursue legal separation proceedings she may be able to achieve that effect.
What are the three effects of civil interdiction?
Marital authority, parental authority, and management of property.
Distinguish Art. 43, CC and Rule 131, ROC on the rules of survivorship.
Art. 43 applies in a situation where succession is in question, while Rule 131 applies for all other purposes except for succession.
Art. 43 states that without evidence proving the order of survivorship, they shall be presumed to have died at the same time.
Meanwhile, Rule 131 creates rules for presumptive death, where the age and sex of the persons involved are taken into account to determine who died first.
Distinguish Laperal and Yasin
Laperal is a case of the use of a woman’s surname after legal separation with her husband. She was not allowed because the marriage ties were not severed in legal separation.
Yasin involves the woman getting divorced under the Code of Muslim Personal Laws, and furthermore, she did not really change her surname after she got married to her ex-husband. The Court held that even if she did change her surname, she would be allowed to revert to her maiden name because that is the effect of divorce: the severance of marriage ties.
The two cases do not conflict with one another because of the material fact of the cause of their separation with their husband: one was separated by bed and board while the other was separated by dissolution of marriage.
What is the status of marriages under Art. 41?
A subsequent marriage under Art. 41 is performed without prejudice to the reappearance of the absent spouse. If the absent spouse reappears and enters an affidavit of reappearance to the civil registrar where the subsequent marriage was performed, then the marriage is automatically terminated.
Who are authorized to solemnize a marriage?
1) Any incumbent member of the judiciary within the court’s jurisdiction;
2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer’s church or religious sect;
3) Any ship captain or airplane chief only in the case mentioned in Article 31;
4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32;
5) Any consul-general, consul or vice-consul in the case provided in Article 10.
Is psychological certification required for psychological incapacity? Why or why not and cite a case.
No, it is not. In the case of Tan-Andal v. Andal, the Court held that expert evidence such as a psychological certification is no longer required for psychological incapacity.
To prove psychological incapacity, one must show the personality structure of the incapacitated spouse to be unable to perform the essential marital obligations. This may be done through testimonies and evidence presented by ordinary persons who have witnessed the couple during their married life and also prior to getting married.
What are defenses for legal separation?
Condonation. When the innocent spouse, after the marital offense was committed, was made aware of the offense and forgives the other spouse. This may be implied through cohabitation of the spouses even for just one night, since cohabitation presumes sexual intercourse and it implies the resumption of a regular marriage.
Consent. When the innocent spouse consented to the commission of a marital offense before it was committed. It may be express or implied, where in the latter, an innocent spouse may either show indifference to the act or give ill-advice on the matter which would lead to the guilty spouse inferring that the other spouse consents.
Connivance. When an innocent spouse secretly allows and desires the guilty spouse to commit the guilty act.
Mutual Guilt. When the innocent spouse also commits a marital offense which is a cause for legal separation.
Collusion. When both spouses collude to produce the outcome of legal separation. This can be done in three ways: by deliberately letting one commit a marital offense, by fabricating the existence of a marital offense, or by failing to raise a defense for legal separation.
Prescription. When the grounds for legal separation has prescribed (five years from the occurrence of the cause).
What is the rule on foreign divorces in the Philippines?
The rule is stated in Art. 26, par. 2 of the Family Code where a marriage between a Filipino is validly celebrated and a divorce thereafter is validly obtained by the alien spouse capacitating him to remarry, the Filipino spouse shall also be capacitated to remarry under Philippine law.
Since the ruling on Republic v. Molina, the Court interprets the provision such that any party to the marriage may initiate the divorce complaint, so whether it is the Filipino or the foreign spouse, or if it is a consensual divorce, if it is valid in that jurisdiction and the same effects may be produced by it, then the divorce shall be recognized in the Philippines.
Distinguish Silverio and Cagandahan
In the case of Silverio, the petitioner underwent sex reassignment surgery and asked the Court to change their sex from male to female. Meanwhile, in Cagandahan, the petitioner was medically diagnosed to be an intersex person who was assigned female at birth but developed male characteristics over time. Silverio’s petition was denied while Cagandahan’s petition was granted because the former had a medical intervention involved while the latter was by mere force of nature.
When is an emancipated minor required to get consent?
Under RA 6809, an emancipated minor still requires parental consent for marriage until they turn 21.
Furthermore, civil liability for injuries or damages caused by one who is 18-20 years old shall go to the parents or the guardian of that person.
What was the ruling in Estrada v. Escritor and does it go against the laws on divorce?
In Escritor, the Court held that her adulterous cohabitation with her partner does not fall under gross immorality because of the fact that she had a Declaration of Pledging Faithfulness which was recognized by her religion, the Jehohvah’s Witnesses.
Since her religion views the cohabitation as moral, the Court invoked religious neutrality so that the State will not interfere with one’s free exercise of religion. If the Court ruled that the cohabitation was immoral, then a state policy would be in conflict with a religious doctrine.
This did not at all legitimize the union of Escritor with her partner nor did it dissolve any subsisting marriages involved in the case, so there was no conflict with the state prohibition of divorce.
What is the difference between legal separation in the Civil Code and the Family Code?
The Civil Code provides two grounds: an attempt on the life of the petitioner by the respondent and adultery by the wife or concubinage by the husband.
The Family Code expanded the grounds to 10:
(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.
What happened in the case of Tañada v. Tuvera
Sen. Tañada sought to compel the Office of the President to publish executive issuances to the Official Gazette for them to have the force and effect of a law.
The Court held that since these issuances were never published, they did not have any binding effect of citizens yet. The requirement of publication for laws is indispensable for the effectivity of the law. Hence, at the time of this decision, all these laws had to be published in the Official Gazette and take effect 15 days thereafter. After this case, however, a new law was enacted amending the publication requirement to allow publication in either the Official Gazette or any newspaper of general circulation in the Philippines.
What is lex loci celebrationis and how does it apply?
Lex loci celebrationis is enshrined in Art. 26, par. 1 of the Family Code where all marriages solemnized outside the Philippines, in accordance with the laws of the country where they were solemnized and valid as such, shall also be valid in the Philippines except those prohibited in Art. 35, pars. 1, 4, 5, 6, Arts. 36, 37, and 38.
This means that lex loci celebrationis applies insofar as formal requisites of marriage are concerned, for the exceptions to the law are provisions involving essential requisites of marriage namely legal capacity and consent freely given.
In the case of Antonia Medina v. Gil Medina, Gil’s marriage with a Filipina in the Philippine consulate in the Northern Mariana Islands was deemed to be invalid in the NMI for not following the formal requisites in the NMI. However, the case here erroneously applied Philippine laws since it did not look at the special provisions of marriages performed by consuls which would render the marriage valid under Philippine law.
What are the 7 restrictions on the capacity to act
Minority
Insanity
Imbecility
State of being deaf-mute
Prodigality
Absence
Civil Interdiction
What are void marriages under Art. 38?
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.
Was there usurpation in Tolentino v. CA and Silva v. Peralta?
In Tolentino, the wife was divorced. In divorce, the woman has the option to revert to her maiden name or continue the use of her husband’s surname since the situation is similar to the death of a husband. What is important is she does not portray herself to be the legal wife because that constitutes usurpation.
In Silva v. Peralta, the wife did not know that she was not legally married to her husband since she got married with him while he had a subsisting marriage which he concealed from her. Hence, she portrayed herself as the legal wife in good faith. When she was made aware in a usurpation suit that she was not the legal wife, the Court ordered her to desist from using the surname Silva, but did not hold her liable for usurpation since she used the name in good faith.
In legal separation what can the innocent spouse do if they assigned the guilty spouse as beneficiary in insurance?
The innocent spouse may revoke this designation regardless of the irrevocability of the insurance policy. He or she must send a written notification to the guilty spouse in order for the revocation to take effect.
What happened in Santos vs. CA and what does the court look at for custody of children?
In Santos v. CA, the battle for custody was between the father and the grandparents. The grandparents accused the father of being irresponsible and his history of not sending financial support. However, the Court still ruled in favor of the father because he has parental authority is non-transferrable. Furthermore, his unsuitability was insufficiently proven by the grandparents. The Court does not look at wealth but rather the natural love of a parent to a child.
What are the essential marital obligation under the Molina case?
Art. 68 - Spouses must live together, observe love, respect, and fidelity, and render mutual help and support.
Art. 69 - Spouses must establish a family domicile.
Art. 70 - Spouses are jointly responsible for the support of the family.
Art. 71 - Spouses are jointly responsible for the management of the household.
Art. 220 - As parents, they shall give their children companionship, support, education, love, affection, moral and spiritual guidance, and the like.
Art. 221 - Parents shall be civilly liable for the injuries and damages caused by their children.
Art. 225 - Parents jointly exercise legal guardianship over the property of their children.
