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Civil Law > Family Code of the Philippines > Flashcards

Family Code of the Philippines Flashcards

1
Q

Una sa family code.

Status of Marriage.

1st:

CHECK FACTS.

IS THERE DOUBT?

PRESUME IN FAVOR OF MARRIAGE.

IF THERE’S NO DOUBT. FOLLOW THE FACTS.

A
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2
Q

38 What marraiges are void for publci policy

A
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3
Q
  1. What constitutes fraud as annulment ground..
A

NO OTHER MISREPRESENTATION OR DECEIT…

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4
Q

1sts:

termination of subsequent marriage (41)/annullED marriage/nulliFIED marriage (36) (53)

A
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5
Q

essential requisites of marriage–absence or defect (vice)

A
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6
Q

formal requisites of marriage–absence / irregularity

A
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7
Q

What is marriage?

A
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8
Q

legal capacity to marry

A
  • 18 years old and above,
  • must marry the opposite sex (oppositve sex determined by antamony/genitalia as of birth)
  • and the marriage is not incestuous or against public policy
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9
Q

who are the EXCLUSIVELY authorized solemnizing officers?

A
  • Why exclusive? Only they are authorized by the state and only under these conditions
  1. INCUMBENT member of the judiciary, WITHIN TERRITORY (SC/CA/CTA/SB, nationwide scope)
  2. articulo mortis: ship captain/airplane chief and military commander
  3. ship captain, kapag bet. passenger or crewmember, while at sea or in flight, or in stopovers at ports of call.
  4. consul-general, consul, vice consul (of BOTH FILIPINOS yung parties)
  5. acting within written authority of his congregation, civil registrar general, at least one is member
  6. mayor (even acting mayor) within his jurisdiction
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10
Q

when license is NOT required… WHY?

A
  1. in articulo mortis (with any of the authorized solemnizers but strictly WITH AUTHORITY)–eithre or both–even if ailing subsequently survives–purpose: urgency to declare then ONE (for the status of their properties, and the legitimacy of their children)
  2. shipcaptain/airplane chief, in articulo mortis between passengers or crewmembers, while the ship is at sea or the plain is in flight, or stoppovers at ports of call. Urgency.
  3. military commander–commissioned officer–of at least a battalion, in articulo mortis between civilians or soldiers, within the zone of military operations (danger of death is not in the point of death). Reason: Urgency.
  4. consul-general, consul, or vice consul (where the prospecitve spouses are BOTH FILIPINOS)

REASON: TO LEGITIMIZE UNIONS, FOR THEIR PROPERTIES’ UNIONS, AND THE LEGITIMACY OF THEIR CHILDREN (that they may have rights)

  1. Art. 36 Mixed Marriages abroad. Filipino and Foreigner.
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11
Q

Who are the commissioned officers of the AFP?

GLMB CLML

A
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12
Q

Military units of the AFP

A
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13
Q
  1. when is parental consent required?
  2. Who has right to give parental consent?
  3. if walang parental consent, what’s theeffect?
  4. If voidable due to non-parental consent, who can file?
A

effect:

  1. 1) if either party is 18 above, below 21
  2. father, mother, surviving parent/guardian, person having charge
  3. publication (10 consecutive days by positing, but after 10o days of publication, 3 months delay bago issue); kung matuloy yung marriage, voidable
  4. who can file: the no-consent party, 5 years after turning 21, or the parent/person having legal charge, anytime before the party turns 21
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14
Q

1sts:

If there’s no presumption of marriage/no cohabitation/or there are facts na baka nga talagang void yung marriage… ano titignan mo?

A

if marriage is:

in the RP, go to essential or formal requisites;

abroad, go to Art. 26.

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15
Q

1sts: pag essential or formal requisites: check..

A

Capacity to act, REQUISITES, age, sex, relation, prior (prior as in prior marriage)

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16
Q

1sts:

Void ba? SEES

The list is “Specific, Express, Exclusive.”–STRICTLY CONSTRUED. EXCLUSIVE.

The State encourages legitimate unions for spousal rights, property rights–especially legitimacy rights–to arise.

EFFECTS OF VOID MARRIAGES: Child, Property Regime, Forfeiture of Share, Delivery of Presumptive Legitime

A
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17
Q

What are the void marriages:

Art. 26. If invalid in another country, it’s invalid to us.

Art. 35

Art. 36

Art. 37

Art. 38

Art. 40–yung invalid na subsequent one without obtaining the decree

41–yung invalid na subsequent bigamous (not the valid one terminated by presumptive death)

Art. 52-53

A
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18
Q

Process for securing Marriage License

A
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19
Q

Art. 26 on Mixed Marriages

Comity Provision. Why.

A
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20
Q

see “Reviewer in Persons”

A
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21
Q

18 years old to 25 years old–required ang certificate of marriage counselling.

Noncompliance…

A

When 10-day publication by posting completes, 3 month delay for issuance of marriage license.

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22
Q
A
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23
Q

When can local civil registrar have the right to NOT ISSUE?

A
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24
Q
A
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25
Q

1sts:

Requisites of the marriage

Was the marriage:

in Philippines?

or

Abroad?

A

If in RP:

if Filipino, follow essential and formal requisites.

if Foreigner/Stateless Person/Refugee, follow Art. 21, FC. Ceritficate of Legal Capacity bago ka mabigyan ng marriage license dito.

If abroad, Art. 26.

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26
Q
A
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27
Q

Venue for marriage ceremony. Exception.

A
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28
Q

Marriage contract who keeps and gives and to whom given (Art. 23).

A
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29
Q

Art. 24. Duties of the Local Civil Registrar.

A
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30
Q

pasadahan mo yung codal mula Art. 1 hanggang Art. 38.

A
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31
Q

Art. 91. Community Property

A

unless… celebration… thereafter

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32
Q
A
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33
Q

Art. 92. Exclusive property of either spouse (from ACP)

A
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34
Q
A
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35
Q

1sts:

property is acquired/property acquired

A
  • lex rei sitae
  • conjugal or exclusive
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36
Q

1sts

VOID AB INITIO SEES SPECIFIC EXCLUSIVE STRICTLY CONSTRUED; the rest presume in favor of preservation of marriage

A
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37
Q

Ano ang difference sa charges on ACP (Art. 94) sa charges on CPG (Art. 121)?

A
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38
Q

1st

illegitimate child… support–chargeable ba sa conjugal property or sa exclusive property

A
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39
Q

Memorize talaga:

charges peculiar to ACP not CPG

A
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40
Q

1sts

If solemnizer has NO authority:

A

CHECK FACTS:

if they show bad faith of the parties… VOID ang marriage

if the facts don’t show bad faith: PRESUME that marriage is valid.

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41
Q

August 3 1988 family code

A
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42
Q

Estopel cannot validate a void marriage in 30 minutes

A
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43
Q

Authority of solemniser is exclusive in strictly in one hour

A
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44
Q

Exemption from marriage license is strictly construed

A
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45
Q

military commander

A
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46
Q

Policy of the stage as to indigenous communities

A
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47
Q

Death of adapter for adopted surviving spouse

A
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48
Q

Recording is to bind in third persons

A
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49
Q

Article 26 still check capacity

A
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50
Q

Exceptions to Art. 26 (minor. bigamous/polygamous)

A
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51
Q

Attacking a void marriage

A
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52
Q

Delivery of presumptive Legitime

A

Art. 40

Annuled marriage

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53
Q

Effect of remarriage under article 40

A
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54
Q

Article 40 effect on property is article 43

A
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55
Q

Civil Interdiction guardianship of ward’s person or property

A
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56
Q

Limits to capacity to act does not exempt from obligations in 30 minutes

A
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57
Q

Article 40 effect on property is article 43

A
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58
Q
A
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59
Q

Define calendar month

A
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60
Q

Minor follows the domicile of his parents

A
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61
Q

Exercise of a legitimate profession is considered beneficial to the family page 384

A
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62
Q

Debts redounding to the benefit of the family is chargeable to conjugal property page 385

A
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63
Q

Article 73

A
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64
Q

Recording in which PROPER CIVIL registries

A
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65
Q

Mixed marriages incestuous and public policy

A
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66
Q

Mixed marriages should not be by Philippine consuls or diplomats

A
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67
Q

Mixed marriages still check capacity and Intrinsyc validity requisites age sex relations in Bryan marriage

A
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68
Q

Article 40 in relation to article 52 and 53

A
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69
Q

Prescription does not run between husband and wife even though there be a separation of property agreed upon in the marriage settlement article 1109 in 30 minutes every day

A
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70
Q

Effects and remedies of separation in fact and abandonment

A
71
Q

Requisites of a valid donation

A
72
Q

Prescription does not run between husband and wife even though there be a separation of property agreed upon in the marriage settlement article 1109 in 30 minutes every day

A
73
Q

Requisites of a valid prenuptial donation

A
74
Q

donation of movables

A
75
Q

donation of immovables

A
76
Q

Requisites of a valid prenuptial donation

A
77
Q

Acceptance of donation

A
78
Q

Donors capacity and Donee’s capacity

A
79
Q

In gratitude

A
80
Q

Inofficious donations

A
81
Q

Donation in consideration of marriage can be contained in the prenuptial agreement

A
82
Q

Art. 87. Donation between spouses/BETWEEN PARTNERS direct or indirect is

A
83
Q

Indirect donation during the marriage

A
84
Q

Prescription for recovery of movables is eight years from accrual

A
85
Q

Prescription for recovery of immovables is 30 years

A
86
Q

Article 86 option donors option to revoke

A
87
Q

Grounds for legal separation

A
88
Q

Article 85 donations with encumbrances in 30 minutes

A
89
Q

Article 82 Prenuptial donations, define.

A
90
Q

Article 81 no marriage with prenup without prenup every day

A
91
Q

Article 92 exclusive property from ACP in 30 minutes

A
92
Q

Exclusive property

A
93
Q

When is a natural person BORN

A
94
Q

Article 80 Philippine law applies except when prenuptial agreement says otherwise every day

A
95
Q

Article 74 what governs property relations

A
96
Q

Article 73 exercise of a profession

A
97
Q

Article 68 purely personal and moral obligations between husband and wife

A
98
Q

Article 68 purely personal moral voluntary obligation

A
99
Q

Marital rape forgiveness Valid extinguished

A
100
Q

Obligations between husband and wife every day

A
101
Q

Support charges on community property

A
102
Q

Art. 41 subsequent marriage based on presumptive death

A
103
Q

Art. 42. Reappearance

A
104
Q

Art. 43. Effects of termination by recording of reappearance on remarriage based on presumptive death

A
105
Q

Art. 44. Both in bad faith

A
106
Q

Art. 45. Grounds for annulment

A
107
Q

Art. 46. Fraud

A
108
Q

Art. 47. Prescription and plaintiffs for annulment

A
109
Q

Art. 48. Prosecuting attorney or fiscal

A
110
Q

Art. 49. Support and custody pendente lite

A
111
Q

Art. 50. Effects of Art. 43 (2-5) and Art. 44 shall apply to Art. 40 vo8d remarriage and Art. 45 annulled marriage

A
112
Q

Art. 51. Delivery of presumptive legitimes

A
113
Q

Art. 52. Recording

A
114
Q

Art. 53. Remarriage without recording

A
115
Q

Art. 54. Status of children in annulled marriage and Art. 36 voided marriage

A
116
Q

Art. 55. Legal separation grounds

A
117
Q

Art. 56. Denial grounds for legal sep

A
118
Q

Art. 57. Rx for legal separation

A
119
Q

Art. 58 and Art. 59 Cooling off period, steps for reconciliation

A
120
Q

Art. 60. No collusion no decree based on stipulation of facts or confession of judgment

A
121
Q

Art. 61. After filing and administratorshio of conjugal property

A
122
Q

Art. 62. Art 49 applies

A
123
Q

Art. 63. Art. 64. Effects of legal sep decree

A
124
Q

Art. 65 Art. 66 reconciliation and effects

A
125
Q

Article 91 what constitutes community property

A
126
Q

Article 96 charges dates during the marriage

A
127
Q

Article 96 charges on support

A
128
Q

Define abandonment

A
129
Q

No intention of returning for purposes of abandonment

A
130
Q

No intention of returning for purposes of abandonment

A
131
Q

BDPSL—debts/charges on CPG

A
132
Q

Art. 122. Personal debts of either spouse

A
133
Q

Death terminates ACP/CPG… liquidate.. or else COMPLETE SEPARATION OF PROPERTY

A
134
Q

Art. 52. Recording

A
135
Q

Grounds… Termination of Parental Authority Art. 229, 231, 232

A
136
Q

Art. 101. Art. 128 No intent to return… prima facie presumption when…

A
137
Q

Art. 101 what is abandonment

A
138
Q
A
139
Q

Requisites for absence delaration NCC

A
140
Q

Art. 383 NCC. Who may seek declaration of Absence

A
141
Q

Art. 67. Revival of separated property regime… applies to legal separation and judicial separation of property

A
142
Q

Manner of attack for void marriages

A
143
Q

Art. 50. In Art 40 and Art 45 LPDCSD decree shall provide unless settled in previous JUDICIAL proceedings

A
144
Q

What governance property relations

A
145
Q

Identity of names

A
146
Q

Prescription for no consent party

A
147
Q

When article 44 applies

A
148
Q

Which children are legitimate despite no valid marriage

A
149
Q

Nine recording of decree legitimate

A
150
Q

Conversion is an impairment of collateral

A
151
Q

Order of the bible is the conversion of collateral

A
152
Q

Problems in and solutions in marriage

A
153
Q

Study support and visitation rights

A
154
Q
A
155
Q

Prescription does not run between husband and wife in E wrestler Tory condition

A
156
Q

Ingratitude revocation one year

A
157
Q

donation by reason of marriage to donee becomes his exclusive or conjugal property

A
158
Q

Civil interdiction JAGS in 30 minutes

A
159
Q

Problems in and solutions in marriage

A
160
Q
A
161
Q

Conversion is an impairment of collateral

A
162
Q

Civil interdiction JAGS in 30 minutes

A
163
Q

Modification RAJV

A
164
Q

Mere preservation during the marriage of separate property

A
165
Q

Article 147

A
166
Q

Article 148

A
167
Q

Compare debts of ACP/CPG

A
168
Q

Declaration of pedigree

A
169
Q

Filiation proof by rules of court

A
170
Q

Who may adopt (RA 8552)

A
171
Q

Who may adopt (inter-country)

A
172
Q

Who may be adopted (RA 8552)

A
173
Q

Whose consent in adoption is required (mandated)

A

Civil Law (5 decks)

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