III. PERSONS AND FAMILY RELATIONS Flashcards
III. PERSONS AND FAMILY RELATIONS
A. Natural Persons
1. Capacity to Act; Restrictions
– Civil Code, arts. 37-39
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Here are the summarized key points of Articles 37 to 39:
- Article 37 establishes that every natural person has inherent juridical capacity, which is the fitness to be the subject of legal relations, while capacity to act, the power to do acts with legal effect, can be acquired and lost during one’s lifetime.
- Article 38 clarifies that certain conditions like minority, insanity, or civil interdiction restrict capacity to act but do not exempt an incapacitated person from certain obligations arising from their acts or property relations.
- Article 39 lists various circumstances that modify or limit capacity to act, including age, insanity, imbecility, penalty, prodigality, among others, with the consequences governed by the Civil Code, other laws, and rules.
- Additionally, a married woman, aged 21 or over, is generally qualified for all acts of civil life, except in cases specified by law, as stated in the last part of Article 39.
III. PERSONS AND FAMILY RELATIONS
A. Natural Persons
- Commencement and End of Civil Personality
– Civil Code, arts. 40-42
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Here are the summarized key points of Articles 40 to 42:
- Article 40 establishes that birth determines personality, meaning that once a child is born, it acquires legal personality. Additionally, a conceived child is considered born for all purposes favorable to it, provided it is born later under certain conditions.
- Article 41 specifies that for civil purposes, a foetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. However, if the foetus had an intra-uterine life of less than seven months, it is not considered born if it dies within twenty-four hours after complete delivery.
- Article 42 states that civil personality is extinguished by death. The effect of death on the rights and obligations of the deceased is determined by law, contracts, and wills.
III. PERSONS AND FAMILY RELATIONS
A. Natural Persons
- Proof of Death
– Civil Code, art. 43; Rules of Court, Rule 131, sec. 3 (jj)
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Certainly! Here are the key points for easy memorization:
- Civil Code, Article 43: This article states that when a person has been unheard from for four years, it is presumed that they are dead, provided that the circumstances surrounding their disappearance give rise to a reasonable presumption of death. This presumption can be contested through evidence to the contrary.
- Rules of Court, Rule 131, Section 3: This rule establishes that a person’s death can be proven by either direct evidence, such as a death certificate or testimony from witnesses who saw the person die, or by circumstantial evidence, such as the person’s prolonged absence coupled with circumstances indicating their probable death.
In essence, these provisions establish the legal framework for proving an individual’s death in the absence of direct evidence, relying on specific circumstances and presumptions outlined in the law.
III. PERSONS AND FAMILY RELATIONS
B. Juridical Persons
(Civil Code, arts. 44-47)
the term “succeed each other” refers to their status as potential heirs or beneficiaries of each other’s estates. This designation could arise if, for example, they had designated each other as beneficiaries in their respective wills or if the law stipulated that they inherit from one another due to their relationship.
JP begins when? Governed by?
Certainly! Here are the summarized key points of each of the articles:
Article 44:
- Establishes the concept of juridical persons, including the State and its political subdivisions, corporations, institutions, and entities for public interest or purpose created by law, and private corporations, partnerships, and associations.
- Juridical personality begins upon CONSTITUTION according to law.
- Private corporations are regulated by laws of general application, while partnerships and associations for private interest are governed by provisions concerning partnerships.
Article 45:
- Juridical persons mentioned in Article 44 are governed by the LAWS CREATING or RECOgnizinG them.
- Private corporations are regulated by laws of general application on the subject, while partnerships and associations for private interest are governed by provisions concerning partnerships.
Article 46:
- Juridical persons have the CAPacity to acquire and possess property, incur obligations, and bring civil or criminal actions in accordance with the laws and regulations of their organization.
Article 47:
- Upon dissolution of corporations, institutions, or entities for public interest mentioned in Article 44, their property and assets are disposed of in accordance with law or their charter.
- If nothing is specified, the property and assets are applied to similar purposes for the benefit of the region, province, city, or municipality that derived principal benefits from them during their existence.
III. PERSONS AND FAMILY RELATIONS
C. Domicile; Residence
(Civil Code, arts. 50-51)
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Certainly! Here are the summarized key points of Articles 50 and 51:
Article 50:
- Establishes the concept of domicile for natural persons in relation to the exercise of civil rights and fulfillment of civil obligations.
- Domicile is determined as the place of habitual residence.
Article 51:
- Addresses the domicile of juridical persons when not fixed by law or any other provision.
- Domicile for juridical persons is understood to be the place WHERE their LEGAL Representation is established or where they EXERCISE their PRINCIPAL functions.
III. PERSONS AND FAMILY RELATIONS
D. Surnames
(Civil Code, arts. 364-380; - STATE THE RULES
Family Code, arts. 176, 189 and 193;
R.A. No. 9048; R.A. No. 10172)
These articles establish the general rules and regulations regarding surnames in this legal system:
Children:
Legitimate/Legitimized children: Primarily use the father’s surname (e.g., John Smith Jr. following his father John Smith Sr.).
Adopted children: Take the adopter’s surname (e.g., if Alice Miller is adopted by David Brown, she becomes Alice Brown).
Natural children:
Acknowledged by both parents: Primarily use the father’s surname.
Acknowledged by only one parent: Use the recognizing parent’s surname (e.g., if a child is only acknowledged by their mother, Mary Jones, they would be Mary Jones).
Legitimated by fiction (legal procedures): Primarily use the father’s surname.
Illegitimate (as defined in article 287): Use the mother’s surname.
Children conceived before a marriage annulment: Use the father’s surname.
Spouses:
Married woman: Can choose to:
Keep her maiden name and add her husband’s surname (e.g., Sarah Jones becomes Sarah Jones Smith).
Use her husband’s full name with a prefix like “Mrs.” (e.g., Sarah becomes Mrs. John Smith).
After marriage annulment:
Guilty wife: Reverts to her maiden name.
Innocent wife: Can keep her husband’s name unless a court or remarriage dictates otherwise.
Legal separation: Wife keeps the surname she used before separation.
Widow: Can continue using her deceased husband’s surname.
Other Situations:
To avoid confusion: If two individuals share the same name and surname, the younger person might need to add an additional name or identifier (e.g., John Smith Jr.).
Descendants: Grandsons and other male descendants can add a middle name, their mother’s surname, or Roman numerals (e.g., John Smith III) to differentiate themselves from fathers or grandfathers with the same name.
Changing names: Requires legal authorization.
Using aliases: Permitted for artistic purposes (pen names, stage names) as long as it’s done ethically and doesn’t harm others.
III. PERSONS AND FAMILY RELATIONS
E. Absentees
(Civil Code, arts. 381-396)
What are the provisional remedies in case of an Absence?
Summary of Articles 381-383: Provisional Measures in Case of Absence (Someone Goes Missing)
When someone disappears:
Someone interested (family, friend) can ask a judge to appoint a representative:
This is to manage the missing person’s property and rights until they return.
This can also happen if the missing person’s appointed representative’s term ends.
The judge will:
Appoint a representative to act on the missing person’s behalf.
Set limitations and responsibilities for the representative, similar to a guardian.
Who can be the representative?
Preferred: The missing person’s spouse (if present and not legally separated).
If no spouse or the spouse is a minor: Any competent person chosen by the court.
Example:
John Doe goes missing, leaving his house and finances unattended. His sister, Jane, is worried and wants someone to manage his affairs until he returns.
Jane can petition the court to appoint a representative for John. The court might choose Jane herself or another suitable person to act responsibly and handle John’s property and rights until his situation is resolved
III. PERSONS AND FAMILY RELATIONS
F. Marriage; General Principles
(Family Code, art. 1)
*Exclude: Muslim Code (P.D. No. 1083)
- Essential and Formal Requisites - WHAT ARE THE REQUISITES FOR A VALID MARRIAGE?
– Family Code, arts. 1-3, 5-11, 20-21, 26 and 31-35
*Exclude: Duties of a Civil Registrar – Family Code, arts. 12-19 and 23-25
A. Essential Requisites of Marriage (MUST be present for a valid marriage):
Legal Capacity: Both partners must be male and female and legally able to enter a marriage (e.g., not already married to someone else).
Consent: Both partners must freely consent to the marriage without coercion or pressure in the presence of the person officiating the ceremony.
Example:
If a 17-year-old girl is forced into marriage by her family, the marriage wouldn’t be valid due to a lack of legal capacity and free consent.
B. Formal Requisites of Marriage (Procedures to follow for a valid marriage):
Authorized Official: The ceremony must be performed by a licensed solemnizing officer like a priest, judge, or authorized government official.
Marriage License: A valid marriage license is usually required, except for specific situations outlined in the law.
Marriage Ceremony: The couple must appear in person before the authorized official and publicly declare their intention to become husband and wife in the presence of at least two adult witnesses.
Example:
If a couple has a wedding ceremony officiated by an unauthorized person, without a license, and only their friends (under 18) as witnesses, the marriage wouldn’t be considered legally valid due to missing formal requisites.
III. PERSONS AND FAMILY RELATIONS
F. Marriage; General Principles
(Family Code, art. 1)
- Effects of Absence, Defect or Irregularity – Family Code, art. 4
This article deals with the effects of missing essential or formal requisites for a marriage in the Philippines. It outlines three scenarios:
- Absence of any essential requisite:
If any of the essential requisites (legal capacity, free consent) are completely missing, the marriage is considered void ab initio. This means it is treated as if it never happened from the beginning.
Example: A man already married to someone else enters into a second marriage ceremony. This second marriage is void ab initio due to the lack of legal capacity (existing marriage). - Defect in an essential requisite:
If an essential requisite is present but has a flaw or defect, the marriage itself is still considered valid. However, the party responsible for the defect might face legal consequences (civil, criminal, or administrative).
Example: A woman is forced into marriage under duress (threats or coercion). The marriage is technically valid because consent is present (the ceremony happened), but it’s defective due to the lack of free consent. The person responsible for the coercion could face legal repercussions. - Irregularity in a formal requisite:
If a formal requisite (e.g., marriage license, authorized official) is missing or not followed correctly, it’s considered an irregularity. This doesn’t affect the validity of the marriage, but the responsible party might still face legal consequences.
Example: A couple gets married by a friend posing as a priest, without a license (assuming they didn’t fall under any exceptions for license requirements). While the marriage itself might be valid, the friend could face legal sanctions for impersonating an authorized official.
Key Points:
Essential requisites: Must be present for a valid marriage (legal capacity, free consent). Absence renders the marriage void ab initio.
Defects: Flaws in essential requisites don’t necessarily invalidate the marriage but might lead to legal consequences for the responsible party.
Irregularities: Issues with formal requisites don’t affect the marriage’s validity but could still have legal repercussions for the responsible party.
III. PERSONS AND FAMILY RELATIONS
G. Mixed Marriages
(Family Code, art. 26)
What is the rule for marriages Performed OUTSIDE the Philippines? GR & exceptions
This article addresses the validity of marriages performed outside the Philippines:
General Rule:
Marriages solemnized outside the Philippines are recognized as valid in the Philippines if they comply with the laws of the country where they were performed and are considered valid there.
Exceptions:
However, this general rule has exceptions for specific types of marriages considered prohibited under Philippine law:
Refer to Article 35:
(1) Marriages by minors (under 18) even with parental consent.
(4) Bigamous or polygamous marriages (having multiple spouses simultaneously).
(5) Marriages where one party is mistaken about the other’s identity.
(6) Subsequent marriages during the subsistence of a previous undissolved marriage.
Example:
A Filipino couple gets married in a ceremony following the legal requirements of France, where the marriage is valid. This marriage would likely be recognized as valid in the Philippines unless they fall under any of the exceptions mentioned in Article 35.
Special Case: Divorce and Remarriage:
If a Filipino citizen is married to a foreigner who obtains a valid divorce abroad allowing them to remarry, the Filipino spouse can also remarry under Philippine law, even though divorce is not generally recognized in the Philippines.
III. PERSONS AND FAMILY RELATIONS
H. Void Marriages; Effects and Remedies
(Family Code, arts. 35-44 and 50-54)
What are the effects of a void marriage?
What are the remedies in case of a void marriage?
A. Effects of a Void Marriage in the Philippines:
- Marriage is declared legally non-existent (Art. 35-38, 41):
This applies to marriages that never met essential requirements (e.g., underage marriage) or are prohibited due to public policy (e.g., bigamy, incest).
Example: A man already married enters a second marriage ceremony. This second marriage is void and has no legal effect. - Consequences for subsequent marriages (Art. 41-44):
If someone unknowingly entered a bigamous marriage believing their first spouse was dead (after 4 years of absence), their children are considered legitimate.
The innocent spouse can claim property rights and revoke benefits given to the spouse who acted in bad faith.
Both spouses acting in bad faith in a subsequent marriage render it void ab initio, and any benefits are revoked. - Financial and property divisions (Art. 50-52):
The court may order the division of conjugal property and allocate “presumptive legitimes” (advance inheritance) for children.
Debts and creditors are considered during the division process.
These effects are recorded and impact third parties only if properly registered.
B. Remedies for a Void Marriage (Art. 39-40, 53):
- Action for declaration of nullity:
Anyone can file a lawsuit to declare the marriage void, and there’s no time limit (except for specific situations).
A final judgment declaring the marriage void is required for remarriage (based solely on this judgment). - Remarriage after a void marriage:
Both former spouses can remarry after the declaration of nullity and complying with registration requirements.
A subsequent marriage without following these steps would be invalid.
III. PERSONS AND FAMILY RELATIONS
I. Voidable Marriages; Effects and Remedies (Family Code, arts. 45-54)
*Exclude: A.M. No. 02-11-10-SC and R.A. No. 6955
What are voidable marriages? Explain each
Voidable Marriages in the Philippines (Article 45):
A voidable marriage is one that is valid until declared null and void by a court. This article outlines six grounds for annulment, meaning reasons why a court may declare such a marriage invalid:
- Lack of parental consent (18-21 years old):
Example: A 19-year-old gets married without parental consent. The marriage is voidable, but if they cohabitate freely as husband and wife after turning 21, it becomes valid. - Unsound mind:
Example: One spouse has a mental illness at the time of marriage, rendering their consent questionable. The marriage is voidable, but cohabitation after regaining mental clarity can validate it. - Fraudulent consent:
Example: One spouse hides a criminal conviction or a sexually transmitted disease to obtain consent. This fraud makes the marriage voidable, but the innocent spouse’s continued cohabitation with full knowledge might validate it. - Forced consent:
Example: One spouse is pressured or intimidated into marriage through threats or coercion. This forced consent makes the marriage voidable, but freely cohabiting after the pressure ceases might validate it. - Physical incapacity:
Example: One spouse has a permanent and incurable physical condition preventing sexual intercourse. This incapacity makes the marriage voidable. - Serious and incurable sexually transmitted disease:
Example: One spouse hides a serious and incurable sexually transmitted disease at the time of marriage. This makes the marriage voidable.
Additionally:
Article 46 specifies examples of what constitutes fraud regarding consent (e.g., concealing a criminal past, pregnancy, or addiction).
It’s important to note that cohabitation (living together as husband and wife) after the grounds for annulment are known might validate the marriage in some cases.
III. PERSONS AND FAMILY RELATIONS
J. Legal Separation
(Family Code, art. 55-67)
*Exclude: A.M. No. 02-11-11-SC
What are the rules for Legal Separation?
Legal Separation in the Philippines: Key Points Explained with Example
Grounds for Legal Separation (Art. 55):
Similar to annulment, legal separation allows spouses to live separately but doesn’t dissolve the marriage. However, unlike annulment, it has specific grounds for filing, such as:
Physical or psychological abuse (against spouse or child)
Drug addiction or alcoholism
Infidelity
Abandonment
Example: Maria files for legal separation due to her husband, Mark’s, repeated physical abuse.
Defenses against Legal Separation (Art. 56):
The court may deny the petition if the aggrieved party:
Condones the act (e.g., continues living with the abusive spouse)
Consents to the act (e.g., participates in gambling despite the other’s disapproval)
Colludes with the other spouse to obtain separation
Procedures and Effects (Art. 57-63):
A petition must be filed within 5 years of the incident.
The court prioritizes reconciliation efforts before proceeding.
After separation:
Spouses can live separately but remain married.
Conjugal property is dissolved and divided (offending spouse may lose share).
Innocent spouse gets custody of minor children (unless otherwise deemed unfit).
The offending spouse cannot inherit from the innocent one.
Reconciliation and Revival (Art. 65-67):
Spouses can reconcile and file a joint manifestation to terminate the case.
The final separation decree is set aside, but property division consequences remain.
Spouses can revive their former property regime (e.g., conjugal partnership) through a formal agreement specifying how properties and debts will be handled.
III. PERSONS AND FAMILY RELATIONS
K. Property Relations Between Spouses
(Family Code, arts. 74-81)
Explain the Marriage Settlements General rules
Marriage Settlements in the Philippines: Key Points Explained
These articles outline the legal framework for marriage settlements in the Philippines, which are agreements between future spouses defining their property rights during marriage.
- Priority of Agreements and Default (Art. 74-75):
Spouses can choose their desired property regime through a marriage settlement (e.g., absolute community, separate property).
In the absence of a settlement, or if the agreed-upon regime is invalid, the default system of absolute community applies (property acquired during marriage is shared equally).
Example: Sarah and Michael draft a marriage settlement before their wedding, opting for complete separation of property. This means each spouse keeps ownership and control of their individual assets and debts during the marriage. - Formalities and Modifications (Art. 76-79):
Settlements must be written, signed, and executed before marriage.
Any modifications must also be done before the wedding.
Settlements involving minors or individuals with legal limitations require additional legal steps. - Applicability and Registration (Art. 77, 80):
Settlements must be registered with the local civil registry and property registries to be enforceable against third parties (e.g., creditors).
In general, Philippine law governs property relations regardless of the marriage location or spouses’ residence, except for specific situations involving foreign spouses or property abroad. - Effect of Non-Marriage (Art. 81):
If the marriage doesn’t take place, any stipulations linked to the marriage (e.g., donations between spouses) become void. However, independent agreements (e.g., pre-existing individual property ownership) remain valid.
III. PERSONS AND FAMILY RELATIONS
K. Property Relations Between Spouses (Family Code, arts. 74-81)
1. Donation Propter Nuptias; Void Donations – Family Code, arts. 82-83, 86
87, 43(3) and 50
Donations in the Context of Marriage (Philippines):
a. Donation Propter Nuptias (Art. 82-86):
These are donations made before marriage in consideration of the marriage itself.
They are governed by general donation rules but with some specific exceptions.
Revocation: These donations can be revoked by the donor under certain situations, such as:
If the marriage doesn’t happen (except those in marriage settlements).
If the marriage is annulled due to the donee’s bad faith.
If the donee commits an act of ingratitude towards the donor.
Example: A wealthy father gifts his daughter a car before her wedding to assist her in starting married life. This is a donation propter nuptias. If the wedding cancels, the father can reclaim the car (except if it was part of a marriage settlement).
b. Void Donations during Marriage (Art. 87):
Generally: Any donations or gifts between spouses during marriage are void. This aims to prevent unfair advantages or manipulation within marriage.
Exception: Moderate gifts on specific occasions (e.g., birthdays, anniversaries) are allowed.
Example: During their marriage, Sarah gifts her husband, Michael, a large sum of money to start a business. This donation is void and Michael cannot legally keep the money. However, a small birthday present from Sarah to Michael would be acceptable under the “moderate gifts” exception.
Additional Notes:
The document mentions Article 87 on termination of subsequent marriage but doesn’t provide the full text. Please refer to the full legal reference for complete information on this specific point.
The document also mentions Article 50 on marriages declared void or annulled. While not directly related to donations, it outlines the consequences of such marriages, including property division and child support.
III. PERSONS AND FAMILY RELATIONS
K. Property Relations Between Spouses (Family Code, arts. 74-81)
- Marriage Settlements
– Family Code, arts. 75-81
a. Absolute Community of Property Regime – Family Code, arts. 84
and 88-104 - STATE THE RULES
Summary of Articles on Absolute Community of Property in the Philippines:
1. Formation and Termination (Art. 88, 99):
Starts at marriage and ends upon death, legal separation, marriage annulment, or judicial separation of property.
- Community Property (Art. 90-93, 95):
Included: All property acquired during the marriage (except exceptions) and the fruits and income generated from it.
Excluded:
Property owned before marriage by either spouse (except fruits and income if designated for the community).
Property acquired during marriage through inheritance or donation unless designated for the community.
Personal and exclusive items of each spouse (except jewelry).
Debts: Community debts are covered by community property assets first, then by separate properties (if insufficient).
Example: John buys a car using their shared income during marriage. This car is community property. - Management and Debts (Art. 94, 96):
Both spouses jointly manage the community property:
Husband’s decision initially prevails in case of disagreement, but the wife can challenge it legally.
Community debts are covered by community property assets first. - Dissolution and Liquidation (Art. 99-104):
Upon termination, the community property is liquidated (divided).
Debts are paid first, then remaining assets are divided equally (unless agreed otherwise).
The surviving spouse has specific responsibilities for liquidation after a death.
Example: After divorce, John and Mary’s house, bought together, would be divided equally after paying any joint debts. - Pre-marital Property (Art. 92):
Property acquired before marriage through non-gratuitous means (purchase, investment) becomes part of the community property.
Exceptions: Property acquired through inheritance or donation (gratuitous title) remains separate.
Example: Michael’s business, established before marriage, becomes community property after marrying Sarah.
III. PERSONS AND FAMILY RELATIONS
K. Property Relations Between Spouses (Family Code, arts. 74-81)
- Marriage Settlements – Family Code, arts. 75-81
b. Conjugal Partnership of Gains Regime – Family Code, arts. 105-133
GIVE AN OVERVIEW OF CPG
Summary of Articles on Conjugal Partnership of Gains (CPG) Regime:
1. Choosing CPG and Applicability (Art. 105):
Spouses can choose CPG in their marriage settlements.
CPG rules apply to existing CPG partnerships established before the current code, but respecting previously acquired rights under older laws.
- What’s Included in CPG (Art. 106):
A common fund is created with:
Income and profits from both spouses’ separate properties.
Earnings and gains acquired by either spouse during the marriage.
Upon marriage dissolution, the net gains (difference between total earnings and expenses) are divided equally (unless otherwise agreed upon).
Example: John and Mary choose CPG. John earns a salary and Mary has rental income from her pre-marital property. Both the salary and rental income go into the common fund. When they divorce, the total earnings from both incomes minus any expenses during the marriage are divided equally. - Additional Notes (Art. 107, 108):
Similar rules regarding marriage annulment and termination as in the Absolute Community of Property regime apply.
For matters not explicitly covered in CPG regulations or the couple’s agreement, the general partnership contract rules apply.
III. PERSONS AND FAMILY RELATIONS
K. Property Relations Between Spouses (Family Code, arts. 74-81)
- Marriage Settlements – Family Code, arts. 75-81
c. Separation of Property Regime – Family Code, arts. 143-146
Summary of Separation of Property Regime in the Philippines (Family Code):
The Separation of Property regime allows married couples to keep their finances separate throughout their marriage. Here’s a breakdown of key points:
- Opt-In Regime (Art. 143): This regime is not automatic. Couples must explicitly choose it through a prenuptial agreement (marriage settlements) before marriage.
- Scope of Separation (Art. 144):
Type: Separation can cover present and/or future property, meaning it can apply to property owned before and/or acquired during the marriage.
Extent: It can be total (all property separate) or partial (specific categories of property separate, remaining property under Absolute Community). - Independent Management and Ownership (Art. 145):
Each spouse owns and manages their separate estate (property) independently.
There’s no need for the other spouse’s consent for buying, selling, or managing their own property.
Example: John and Mary choose partial separation. John’s pre-marital house remains his separate property. He can sell it without Mary’s permission.
- Sharing Family Expenses (Art. 146):
Spouses contribute to family expenses based on their income or the value of their separate property if income is insufficient.
However, liability for debts incurred for family expenses is joint and several (both spouses are equally responsible).
Example: John earns more than Mary. They agree to contribute proportionally to their income for groceries. If they fall short, they’ll use the value of their respective properties to cover the deficit. If they can’t pay a family bill, both John and Mary are liable to the creditor.
III. PERSONS AND FAMILY RELATIONS
K. Property Relations Between Spouses (Family Code, arts. 74-81)
- Judicial Separation of Property – Family Code, arts. 134-142
Summary of Judicial Separation of Property Regime in the Philippines (Family Code):
- Default and Court Order (Art. 134):
Separation doesn’t happen automatically after marriage.
It requires a court order unless explicitly specified in a prenuptial agreement.
This order can be voluntary (both spouses agree) or due to sufficient cause (specific reasons listed in the law). - Grounds for Judicial Separation (Art. 135):
Courts can grant separation for various reasons, including:
Spouse’s criminal conviction with certain penalties.
Spouse declared legally absent.
Spouse loses parental authority by court order.
Spouse abandons or neglects family obligations.
Abuse of power by spouse managing common property.
Spouses are physically separated for at least a year with unlikely reconciliation.
Example: John abandons Mary and their children. Mary can petition the court for judicial separation of property due to abandonment (Art. 135(4)).
- Voluntary Dissolution (Art. 136):
Spouses can jointly petition the court to voluntarily dissolve the property regime and separate their assets.
Creditors and other financially interested parties need to be informed and protected during the process. - Liquidation and Support (Art. 137):
Once separation is approved, the existing property regime (e.g., Absolute Community) is liquidated (divided) according to the Family Code.
While the proceedings are ongoing, the existing regime still covers the support of spouses and children. - Post-Separation and Revival (Art. 138-141):
After separation, the spouses have complete separate property ownership.
The separation decree and final judgment must be recorded in relevant registries.
In certain situations (e.g., spouse reappears, reconciliation), spouses can petition to revive the previous property regime through the court. - Transfer of Administration (Art. 142):
Under specific circumstances (e.g., guardianship, legal absence), the court can transfer the management of one spouse’s separate property to the other.
III. PERSONS AND FAMILY RELATIONS
K. Property Relations Between Spouses (Family Code, arts. 74-81)
- Property Regime of Unions Without Marriage – Family Code, arts. 147
148
Property Acquisition During Cohabitation Without Marriage (Philippines Family Code)
Articles 147 and 148 address property ownership for couples who cohabit without formal marriage, including both “void marriages” and simply living together. These articles establish:
- Presumption of Equal Ownership (Art. 147):
When a couple lives together as husband and wife (regardless of marriage validity), their wages and salaries are equally owned.
Property acquired through joint efforts is presumed to be co-owned in equal shares.
Example: John and Mary live together for several years without marrying. They both work and contribute financially to the household. Any property they acquire, like a car or house, is presumed to be co-owned equally (50/50) unless proven otherwise.
- Care and Maintenance as Contribution (Art. 147):
Taking care of the family and household is considered a valid contribution to jointly acquired property, even if one partner doesn’t earn income.
Example: Sarah stays at home to raise their children while Michael works and earns a salary. Sarah’s contribution to childcare and home management is considered equal to Michael’s financial contribution, and they are presumed to co-own any property acquired during their cohabitation.
- Restrictions on Disposal (Art. 147):
Neither partner can sell or encumber (e.g., mortgage) their share of co-owned property without the other’s consent until cohabitation ends. - Forfeiture in Void Marriages (Art. 147):
If the marriage is void and only one spouse was in good faith (believed the marriage was valid), the bad faith spouse’s share in the co-owned property is forfeited:
To their common children (if any).
To the innocent spouse if there are no children. - Proportionate Ownership in Other Cases (Art. 148):
For cohabitation outside of a void marriage, ownership relies on proof of contribution:
Property acquired through joint financial contributions (money, property) or work is co-owned in proportion to each person’s contribution.
In the absence of proof, contributions and shares are presumed equal.
Example: Lisa and David cohabitate and buy a house. Lisa contributes a larger sum as a down payment, while David handles renovations. They are considered co-owners, but the proportion of ownership might not be equal (e.g., Lisa: 60%, David: 40%) based on their documented contributions.
- Forfeiture in Certain Situations (Art. 148):
If one partner is already married, their share in the co-ownership goes to their existing marital property regime (e.g., Absolute Community).
If both partners acted in bad faith (knew the cohabitation was invalid), their shares are forfeited according to the rules in Article 147 (for void marriages).
III. PERSONS AND FAMILY RELATIONS
L. Rights and Obligations Between Husband and Wife (Family Code, arts. 68-73)
*Exclude: R.A. No. 7192; R.A. No. 8187; R.A. No. 9710
III. PERSONS AND FAMILY RELATIONS
M. The Family; Family Home (Family Code, arts. 149-162)
Rights and Obligations Between Husband and Wife (Philippines Family Code, Art. 68-73)
These articles outline the key rights and obligations shared by spouses in the Philippines:
- Cohabitation, Love, and Support (Art. 68):
Spouses are obligated to live together and demonstrate mutual love, respect, and fidelity.
They are also expected to provide support and help to each other.
Example: John and Mary are married. They have a shared responsibility to live together, maintain a loving relationship, and offer emotional and practical support to each other.
- Domicile and Responsibility for Family Expenses (Art. 69 & 70):
Spouses jointly decide on the family home (domicile). In case of disagreement, the court can intervene.
Both spouses share the burden of supporting the family financially.
Community property (acquired during marriage) covers these expenses, followed by income from individual properties, and finally, the spouses’ separate properties.
Example: Sarah and Michael are married and share a house (community property). They are both responsible for household expenses like groceries and utilities. They use their combined income from their jobs (separate property) to cover these costs.
- Shared Household Management (Art. 71):
Managing the household is a shared responsibility of both spouses.
Expenses related to household management are covered according to Article 70 (mentioned above).
Example: Mark and Leah are married. They share responsibilities like cooking, cleaning, and budgeting household expenses.
- Protection from Neglect and Abuse (Art. 72):
If one spouse neglects their duties or commits harmful acts towards the other or the family, the aggrieved spouse can seek court relief.
Example: If David constantly ignores his family responsibilities and verbally abuses Mary, she can petition the court for legal measures to protect herself and their family.
- Professional Freedom with Qualified Objection (Art. 73):
Each spouse has the right to pursue their chosen career without needing the other’s consent.
However, the other spouse can object on valid, serious, and moral grounds.
Example: Anna wants to start a business that requires traveling frequently, which might disrupt family life. While Michael cannot prevent her from pursuing this venture, he can raise an objection if he believes it significantly impacts their family well-being. The court would then decide if the objection is valid and if the business benefits the family.
III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation
1. Concepts of Paternity, Filiation and Legitimacy – Family Code, art. 163
Understanding Children’s Filiation in the Philippines (Article 163):
This article clarifies the different ways children in the Philippines establish their connection to their parents, known as filiation:
Filiation can be established through:
Nature: This is the biological connection between a child and their parents.
Adoption: This is a legal process where a non-biological parent(s) assume all parental rights and responsibilities for a child.
Natural filiation: This refers to children born to biological parents and can further be categorized as:
Legitimate: Children born to parents who are legally married at the time of their birth.
Illegitimate: Children born to parents who are not married at the time of their birth.
Examples:
Natural Filiation by Nature:
John and Mary, a married couple, have a biological child, Sarah. Sarah’s filiation to John and Mary is established by nature, specifically natural and legitimate filiation.
Lisa, a single woman, gives birth to a child, David. David’s filiation is established by nature but categorized as illegitimate because Lisa was not married at the time of his birth.
Filiation by Adoption:
Daniel, an orphaned child, is legally adopted by a couple, Michael and Anne. Daniel’s filiation to Michael and Anne is established by adoption.
III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation
- Legitimate and Illegitimate Children – Family Code, arts. 164-165 and
167-169
a. Proof of Filiation – Family Code, arts. 172, 173 and 175
Establishing a Child’s Filiation in the Philippines (Family Code, Art. 172, 173, 175)
These articles explain how a child can establish their filiation, or legal connection to their parents, in the Philippines. Here’s a breakdown for easy understanding:
- Proof of Legitimate Filiation (Art. 172):
There are preferred methods to prove a child’s legitimate filiation (born to married parents):
Primary evidence:
Record of birth in the civil register.
Final court judgment declaring legitimacy.
Secondary evidence (if primary evidence is unavailable):
Open and continuous possession of the status of a legitimate child: This means being treated and acknowledged as a legitimate child throughout life (e.g., being raised by the parents, using their surname, being included in family gatherings).
Other methods allowed by law: This could involve witness testimonies, DNA testing, or other legal proceedings as determined by the court and specific laws.
Example:
John and Mary, a married couple, have a child, Sarah. Sarah’s birth certificate is registered, proving her legitimate filiation through the primary evidence mentioned in the first point.
- Time Limit to Claim Legitimacy (Art. 173):
A child can file a claim of legitimacy anytime during their lifetime.
If the child dies young or is mentally incapable, their heirs have five years to file the claim. - Proof of Illegitimate Filiation (Art. 175):
Illegitimate children (born to unmarried parents) can use the same methods and evidence as legitimate children to establish their filiation.
They also have the same five-year time limit to file a claim, except in one case:
If the claim relies on the second point of Art. 172 (open and continuous possession of child status), the claim can be filed during the alleged parent’s lifetime.
Example:
Lisa, a single mother, raises her son, David. David can use evidence like his mother’s statements acknowledging him as her son (second point of Art. 172) or other methods approved by law to prove his filiation to Lisa. However, he must file his claim within the five-year timeframe mentioned in the article.
III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation
- Legitimate and Illegitimate Children – Family Code, arts. 164-165 and
167-169
b. Rights of Legitimate Children – Family Code, art. 174
Rights of Legitimate Children in the Philippines (Article 174):
This article outlines the key rights granted to legitimate children in the Philippines:
- Right to Surnames (Art. 174(1)):
Legitimate children have the right to bear the surnames of both their father and mother, following the regulations outlined in the Civil Code on Surnames.
Example: John and Mary, a married couple, have a child named Sarah. Sarah has the right to use both “Cruz” (John’s surname) and “Santos” (Mary’s surname) as her surnames, following the specific regulations mentioned in the Civil Code.
- Right to Support (Art. 174(2)):
Legitimate children have the right to receive support from:
Parents (primary responsibility)
Grandparents and other ascendants (if parents are unable)
Siblings (in specific situations, such as when parents and ascendants are unavailable)
The extent and specifics of support are further defined in the Family Code provisions on “Support.”
Example: Sarah, John and Mary’s daughter, is entitled to financial and emotional support from both her parents. If, for some reason, John and Mary cannot provide adequate support, Sarah can potentially receive support from her grandparents.
- Right to Inheritance (Art. 174(3)):
Legitimate children are entitled to inherit from their parents according to the legitimate and other successional rights outlined in the Civil Code.
These rights specify the legal share of inheritance each child receives based on their relationship to the deceased parent and other factors.
Example: When John dies, Sarah, as his legitimate daughter, is entitled to inherit a specific portion of his estate according to the intestacy provisions (rules for inheritance without a will) or his will, if any.
III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation
- Legitimate and Illegitimate Children – Family Code, arts. 164-165 and
167-169
c. Rights of Illegitimate Children – Family Code, art. 176 as amended
by R.A. No. 9255
Rights of Illegitimate Children (Family Code & RA 9255)
Combining Article 176 of the Family Code and Republic Act No. 9255, here’s a breakdown of the rights of illegitimate children in the Philippines:
- Surname (as per RA 9255):
Illegitimate children can use their father’s surname under specific conditions:
Father expressly acknowledges paternity (through birth record or document).
Child fulfills age-based procedures with an “Affidavit of Acknowledgement of Paternity” (AUSF).
Mother’s surname remains the default if these conditions are not met.
- Parental Authority and Support (Family Code Art. 176):
Illegitimate children remain under the parental authority of their mother.
They are entitled to support from their parents according to the Family Code provisions. - Inheritance (Family Code Art. 176):
Illegitimate children receive half the inheritance share of a legitimate child (their “legitime”).
Other inheritance rights follow the Civil Code provisions.
Note:
RA 9255 primarily addresses the right to use the father’s surname.
The Family Code outlines broader rights, including parental authority, support, and inheritance.
III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation
- Legitimate and Illegitimate Children – Family Code, arts. 164-165 and
167-169
d. Action to Impugn Legitimacy – Family Code, arts. 166 and 170
171
Impugning the Legitimacy of a Child in the Philippines (Family Code, Art. 166, 170, 171)
These articles detail the legal process for challenging the legitimacy of a child born to married parents in the Philippines:
- Grounds for Impugning Legitimacy (Art. 166):
The husband (or his heirs) can only challenge a child’s legitimacy under these specific circumstances:
a) Physical Impossibility: The husband couldn’t have had sexual relations with his wife within a specific timeframe (120 days) before the child’s birth due to:
Physical incapability
Living separately
Serious illness preventing intercourse
b)Biological or Scientific Reasons: The child cannot be biologically related to the husband due to scientific evidence (excluding situations covered under Art. 164, not discussed here).
c) Artificial Insemination: The husband’s consent to the procedure was obtained through deception, fraud, force, or undue influence.
Example: John claims that Mary, his wife, gave birth to a child (David) who cannot be his biological son due to a medical condition preventing him from having children. If proven true, John could potentially impugn David’s legitimacy based on biological reasons.
- Time Limit for Filing the Action (Art. 170):
The husband (or his heirs) must file the action to challenge legitimacy within specific timeframes:
a) One year from:
Knowing about the birth
The birth being registered Whichever comes first.
b) Extended timeframes if the husband or heirs live outside the Philippines:
Two years if residing in the Philippines
Three years if residing abroad
c) Special consideration: If the birth was concealed from the husband/heirs, the time limit starts from the time they discover the birth (or its registration).
- Heirs’ Right to Impugn Legitimacy (Art. 171):
The husband’s heirs can only challenge legitimacy within the same timeframe as the husband under these conditions:
a) The husband died before filing the action, or
b) The husband died after filing the action and didn’t withdraw it, or
c) The child was born after the husband’s death.
III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation
- Legitimated Children – Family Code, arts. 177-182; R.A. No. 9858
*Exclude: A.M. No. 06-11-5-SC
a. Rights of Legitimated Children – Family Code, art. 179
Legitimation of Children in the Philippines (Family Code, Chapter 4)
This chapter defines how a child born outside of marriage can be legitimized and gain the same rights as a legitimate child. Here are the key points:
- Who Can Be Legitimated (Art. 177):
Only children born outside of wedlock to parents who could have legally married at the time of conception are eligible for legitimation. - Methods of Legitimation (Art. 178):
Subsequent valid marriage between the child’s biological parents.
Annulment of a voidable marriage between the parents does not affect the existing legitimation. - Rights of Legitimated Children (Art. 179):
Legitimated children enjoy the same rights as legitimate children (e.g., inheritance, support). - Retroactive Effect (Art. 180):
Legitimation applies retroactively, meaning the child’s rights are considered to have existed since their birth. - Benefits for Descendants (Art. 181):
If the child dies before their parents’ marriage, their descendants (children, grandchildren, etc.) still benefit from the legitimation.
III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation
- Legitimated Children – Family Code, arts. 177-182; R.A. No. 9858
*Exclude: A.M. No. 06-11-5-SC
b. Action to Impugn Legitimacy
– Family Code, art. 182
- Challenging Legitimation (Art. 182):
Only those whose rights are directly harmed by the legitimation can challenge it within five years of discovering the grounds for their claim.
III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation
- Adopted Children
a. Domestic Administrative Adoption and Alternative Child Care
Act – R.A. No. 11642
Following the enactment of RA 11642, or the Domestic Administrative Adoption and Alternative Child Care Act, the Supreme Court has issued guidelines on the implications of the law on the Rule on Adoption.
In an En Banc Resolution, the Court adopted the recommendations of the Committee on Family Courts and Juvenile Concerns, led by then Senior Associate Justice Estela M. Perlas-Bernabe, as follows:
Upon effectivity of RA 11642, courts may no longer receive or accept petitions for domestic adoption. Jurisdiction over domestic adoption cases shall now be with the newly created National Authority for Child Care (NACC), a quasi-judicial agency attached to the Department of Social Welfare and Development.
Adoptions proceedings are now administrative.
Petitioners have the option to immediately withdraw judicial petitions for domestic adoption pending in court, regardless of the stage of the proceedings. Otherwise, the courts shall continue to hear and decide such petitions.
The courts shall give petitioners time to manifest their intent to withdraw. If petitioners fail to notify the court within the set period, they are considered to have waived the option to withdraw their petitions.
Petitioners, and their respective counsels, who avail of the benefits of RA 11642 without first withdrawing their pending petitions before the courts shall be sanctioned under the Rules of Court.
Domestic adoption provisions in the Rule on Adoption are now rendered ineffective except for pending domestic cases before the courts not withdrawn by petitioners.
Rescission of adoption under Section 47 of RA 11642 covers judicial adoptions.
Inter-country adoption petitions pending before the courts pursuant to Part B of the Rule on Adoption shall be dismissed.
All courts are required to submit to the Office of the Court Administrator a list and status report of all pending adoption cases, including archived cases.
RA 11642 took effect on January 28, 2022 with the goal of making domestic adoption proceedings simpler and less costly. The law also seeks to streamline alternative child care services.
III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation
- Adopted Children
b. Inter-Country Adoption Act
– R.A. No. 8043
Key Points of Inter-Country Adoption in the Philippines (RA 8043):
Nature and Purpose:
Last resort: Inter-country adoption is considered after all domestic adoption options are exhausted.
Best interests of the child: The primary goal is to benefit and protect the child’s fundamental rights.
Eligibility and Process:
Applicants: Foreign nationals or Filipinos residing abroad can apply.
Application: Through the ICAB, Central Authority, or accredited Foreign Adoption Agency (FAA).
Eligible children: Voluntarily or involuntarily committed to the Department of Social Welfare and Development (DSWD) as dependent, abandoned, or neglected.
Matching and Placement:
Matching conference: ICAB pairs children with suitable applicants, ensuring a good parent-child relationship.
Direct engagement prohibited: Applicants cannot directly choose a child.
Trial custody: The child lives with the potential adopters for 6 months.
Progress reports: Adopters submit reports on the child’s adjustment.
Supervision: Central Authority/FAA monitors the placement.
Finalization and Repatriation:
Decree of adoption: Issued based on successful trial custody and court decision.
Failure of placement: If the relationship deteriorates, the child is withdrawn and placed elsewhere.
Repatriation (return to the Philippines) is a last resort, with costs borne by the initial applicants.
Successful adoption: Adoption is finalized through the court or relevant authorities.
Compliance and Penalties:
Non-compliance: Participating in illegal adoptions is punishable by law.
Emphasis: Following the law ensures the best interests of the child are met.
Nuances:
The document highlights the importance of prioritizing the child’s well-being throughout the process.
It emphasizes the safeguards and regulations in place to ensure ethical and responsible inter-country adoption.
It clarifies the roles and responsibilities of various entities involved, such as the ICAB, Central Authority, and FAA.
III. PERSONS AND FAMILY RELATIONS
N. Paternity and Filiation
- Adopted Children
c. Simulated Birth Rectification Act
– R.A. No. 11222
Key Points of the Simulated Birth Rectification Act (Republic Act No. 11222)
Purpose:
Allows rectification of simulated birth records for children raised by someone other than their biological parents, if done for the child’s best interest.
Grants amnesty and adoption rights to those who simulated the birth (under certain conditions).
Ensures the well-being and legal rights of the child.
Eligibility for Rectification and Adoption:
Applies to children whose birth records were simulated before the law’s effectivity.
The person(s) who simulated the birth and raised the child can apply for:
Rectification of the simulated birth record
Administrative adoption of the child
Conditions:
The child has lived with the applicant(s) for at least 3 years before the law’s effectivity.
An application is filed within 10 years of the law’s effectivity.
The child’s best interests are met.
Process:
1) Petition:
Filed with the local Social Welfare and Development Office (SWDO).
Includes supporting documents (simulated birth certificate, affidavits, etc.).
2) Review and Recommendation:
SWDO, Regional Director, and Secretary of DSWD review the petition.
3) Decision:
Secretary decides on the petition within 30 days.
4) Order of Adoption (if granted):
Grants the child the legal status of a legitimate child of the adopter(s).
Cancels the simulated birth record and issues a new one.
Effects of Adoption:
The child enjoys all rights and obligations of a legitimate child, including:
Inheritance rights
Love, guidance, and support from the adoptive family
Parental rights of the biological parents are severed (except if the biological parent is the adopter’s spouse).
Rescission of Adoption:
The adoption can be rescinded by the child (with support from SWDO/DSWD) on specific grounds like abuse or neglect by the adopter.
Rescission process follows a similar procedure as adoption.
Upon rescission:
Child’s original birth record (or foundling certificate) is restored.
Parental rights may return to the biological parents (if known and the child is a minor).
Inheritance rights revert to the pre-adoption status, but vested rights are respected.
Penalties:
Penalties apply for:
Obtaining adoption consent through unfair means.
Not following proper adoption procedures.
Endangering or exploiting the child during the adoption process.
Example:
A couple raised a child whose birth record was simulated because they couldn’t have biological children. They can apply to rectify the child’s birth record and adopt them through this law, provided they meet the requirements and the child’s well-being is ensured.
III. PERSONS AND FAMILY RELATIONS
O. Support
(Family Code, arts. 194-208)
Understanding the Legal Concept of Support in the Philippines (Family Code Articles 194-208)
These articles from the Family Code define the legal obligation of support between family members in the Philippines.
1) What is Support?**
* Support encompasses everything necessary for a person’s basic needs: food, shelter, clothing, medical care, education, and transportation (Art. 194).
* Education includes training for a profession or trade, even beyond the age of majority (Art. 194).
* Transportation covers commuting to school or work (Art. 194).
2) Who Owes Support?**
* Primarily, spouses owe support to each other (Art. 105).
* Parents (legitimate and illegitimate) and their descendants (children, grandchildren, etc.) are obligated to support each other (Art. 105).
* Legitimate and illegitimate siblings also have a support obligation towards each other, with some exceptions (Art. 105 & 196).
3) Who Pays When Multiple People Owe Support?**
* The spouse comes first, followed by descendants, then ascendants (parents, grandparents), and lastly siblings (Art. 199).
* The burden is shared proportionally based on each person’s financial resources (Art. 200).
* In urgent situations, the court might order one person to provide support temporarily (Art. 200).
* If a child and a spouse need support simultaneously, the child takes priority (Art. 200).
5) How Much Support is Owed?**
* The amount depends on the needs of the recipient and the resources of the person providing support (Art. 201).
* This amount can be adjusted if the needs or resources change significantly (Art. 202).
6) When Does the Obligation Start and End?**
* The support obligation starts when the recipient needs it for basic necessities (Art. 203).
* It’s legally enforceable only from the date of a formal demand (court order or written request) (Art. 203).
* Support payments typically occur monthly, and any pre-paid support doesn’t need to be returned if the recipient dies (Art. 203).
* The obligation ends with the death of either party or when a legal separation decree ends the marital obligation of support (Art. 198).
- Other Important Points:**
- The right to receive support cannot be taken away by creditors (Art. 205).
- A stranger who provides support without the obligated person’s knowledge might seek reimbursement (Art. 206).
- Anyone can provide support to a neglected family member in urgent need and seek reimbursement from the obligated person (Art. 207).
- Examples:**
- A father is legally obligated to support his minor children with food, shelter, and education (Art. 194).
- If an adult child becomes disabled and cannot work, their parents might be obligated to provide financial support depending on their resources (Art. 195).
- In a divorce case, the court might order one spouse to pay support to the other, especially if there’s a significant difference in income (Art. 198).
III. PERSONS AND FAMILY RELATIONS
P. Parental Authority
(Family Code, arts. 209-233)
*Exclude: A.M. No. 03-02-05-SC; A.M. No. 03-04-04-SC; R.A. No. 8972, as
amended; R.A. No. 8980; R.A. No. 9231
Understanding Parental Authority in the Philippines (Family Code Articles 209-224)
These articles define parental authority, the rights and responsibilities parents have over their unemancipated children (under 18). Here’s a summary:
1) Core Concept:**
* Parental authority is the right and duty of parents to care for, raise, and discipline their children.
* It includes providing for their physical, emotional, and moral well-being, education, and guidance (Art. 209 & Art. 220).
2) Who Has Parental Authority?**
* Primarily, both parents have joint authority (Art. 211).
* In case of disagreement, the father’s decision prevails unless a court orders otherwise (Art. 211).
* If one parent dies or is absent, the other parent retains authority (Art. 212).
* In separation cases, the court designates a parent based on the child’s preferences (over 7 years old) and the parent’s fitness (Art. 213).
* If both parents are unfit or unavailable, grandparents or other relatives can take on substitute parental authority (Art. 214-216).
* Institutions caring for abandoned or neglected children have parental authority entrusted by the court (Art. 217).
* Schools and day-care centers have limited parental authority while the child is under their supervision (Art. 218).
3) Rights and Duties of Parents:**
* Raise children with love, good values, and proper education (Art. 220(1-4)).
* Discipline them as needed (Art. 220(7)).
* Represent them legally (Art. 220(5)).
* Provide for their basic needs (Art. 220(1)).
* Be liable for their actions under certain circumstances (Art. 221).
4) Loss of Parental Authority:**
* Parental authority can be revoked by the court if a parent is deemed unfit or neglects their duties (Art. 223).
- Examples:**
- Parents have the right to decide on their child’s school but must consider the child’s preferences as they get older (Art. 220(1) & Art. 211).
- A single mother has full parental authority over her child after the father abandons them (Art. 212).
- If parents cannot agree on how to discipline their teenager, they can seek court guidance (Art. 211 & Art. 223).
- Grandparents can be granted parental authority if both parents pass away (Art. 214).
III. PERSONS AND FAMILY RELATIONS
- ## What is the primary difference between juridical capacity and capacity to act according to Article 37 of the Civil Code?
Answer: Juridical capacity is inherent and lost only through death, while capacity to act is acquired and may be lost.
III. PERSONS AND FAMILY RELATIONS
- Which of the following circumstances does NOT modify or limit capacity to act according to Article 39 of the Civil Code?
a) Minority
b) Insanity
c) Proficiency in multiple languages
d) Penalty
- Answer: c) Proficiency in multiple languages
III. PERSONS AND FAMILY RELATIONS
- According to Article 38 of the Civil Code, which of the following conditions does NOT exempt an incapacitated person from certain obligations?
a) Minority
b) Insanity
c) Civil interdiction
d) State of being a deaf-mute
- Answer: d) State of being a deaf-mute
