Mnemonics
Mnemonics
Mnemonics
Preliminary Titles
Art. 1CC of the Phils. Art. 2 15d; publication; OG, np; Art. 3 Ignorance Art. 4 no retroactive Art. 5 against mandatory/prohibitory Art. 6 rights may be waived (cept LOPMC3) Law, public Order, public Policy, Morals, good Custom, or prejudicial to the rights of a 3rd person Art. 7 repeal of laws Art. 8 judicial decisions Art. 9 court should render judgment Art. 10 presumption of lawmaking-bodys right and justice to prevail Art. 11 customs against LOP not countenanced Law, public Order, public Policy, Art. 12 customs proved as fact Art. 13 time period Art. 14 penal laws Art. 15 citizenship principle (FoRDSChooL) Family Rights and Duties, Status, Condition, and Legal Capacity Art. 16 real, personal property: law of country (cept successional order and amount) Art. 17 forms and solemnities: laws of country where executed Art. 18 Code of Commerce and Special Laws Art. 43 Doubt in succession order Art. 44 Juridical Persons (SP|ICE|CAP) States and political subdivisions Public institutions, corporations and entities Private corporations, associations and partnerships Art. 45 governs Art. 44 Art. 46 rights of juridical persons (POA) May acquire and possess property Incur obligations Bring civil or criminal actions Art. 47 dissolution of ICE
II. Persons
A. Civil Personality (37-47, FC)
Art. 37 JC, CA Art. 38 restrictions on capacity to act (MIDPI) Minority, Insanity/Imbecility, Deafmute, Prodigality, Civil Interdiction Art. 39 modify/limit capacity to act (PAID AT PIFI) Prodigality, Age, Insanity, Deafmute, Alienage, Trusteeship, Penalty, Family Relations, and Insolvency Art. 40 Birth determines personality Art. 41 Birth requirements Art. 42 civil personality extinguished by death
Art. 380 no person shall else use different names and surnames
right Art. 394 share shall accrue to co-heirs inventory of property Art. 395 previous provision without prejudice to action of petition for inheritance Art. 396 those who may have entered upon the inheritance shall appropriate the fruits received in good faith so long as the absentee does not appear
changed or corrected w/o judicial order Amended by RA 9048 Art. 413 all other civil status matters, governed by special laws CA 625: act providing the manner in which the option to elect Philippine citizenship shall be declared by a person whose mother is a Filipino PD 651: births and deaths PD 1083: Muslim Code PD 856: sanitation EO 121: reorganizing and strengthening the Philippine statistical system RA 9048: act authorizing city/municipal registrar or consul general to correct a clerical or typographical error in an entry and or change of first name or nickname in the civil registrar without need of court order
Art. 5anyone above 18 can contract marriage (unless under 37 or 38) Art. 6, FCminimum requirements of marriage Art. 7, FCauthorized solemnizing officers (5) (JRCCC) Member of judiciary within jurisdiction, authorized minister of religious order, ship captain/airplane chief if point of death, military commander under Art. 32, and any consul-general/consul/vice-consul under Art. 10 Art. 8 where marriage is solemnized (COCCTO-PDRPB) Court or judges chambers; chapel, church or temple; office of consul Unless point of death, remote place, or both parties request in writing Art. 9 license issued by registrar or municipality Art. 10 abroad: consular official Art. 11 marriage license application (Fuck, Please Assist Some Monkeys Crapping Rubbish For More Garbage) (10) Full name, place of birth, age and date of birth, civil status, previous marriage, present residence and citizenship, degree of relationship of contracting parties, father, mother, guardian Art. 12 presentation of birth certificate Art. 13 presentation of death c. or judicial decree Art. 14 presentation of consent of FMG in writing (18-21 yo) Art. 15 3mo delay of license if parental advice not obtained; sworn statement (21-25 yo) Art. 16 3mo delay of license if no certificate of solemnizing officer/marriage counselor (18-25 yo) Art. 17 notice for 10d straight Art. 18 registrar shall note down impediment Art. 19 registrar fees Art. 20 valid in the Philippines for 120d from date of issue Art. 21 if foreigners, certificate of legal capacity by consular officials Art. 22 marriage certificate also states (CCDLCAS)(7) Along with declaration that they take each other as husband and wife Full name, sex and age of consenting parties; citizenship, religion and habitual residence, date and precise time of marriage, proper marriage
license, consent, advice, marriage settlement Art. 23 duty of solemnizing officer Art. 24 oaths Art. 25 applications for marriage licenses Art. 26 outside the Philippines; law in force in the country; except prohibited under Art. 35 (1), (4), (5), (6), Arts. 36-38 If marriage bet. Foreigner and Filipinovalid divorce by alien, then Filipino can remarry
*In Republic v Molina, 1997 (268 SCRA 198), the Supreme Court held that the actions of the wife, described by the wife as highly immature and habitually quarrelsome who thought himself as a king to be served, does not amount to psychological incapacity. It held that what existed are mere irreconcilable differences. It also laid down in this case the guidelines to be followed by the courts in interpreting Art. 36. Guidelines: BREIGGMCC 1. The burden of proof to show the nullity of the marriage belongs to the plaintiff. 2. The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by the experts, (d) clearly explained in the decision. (MAEE) 3. The incapacity must be proven to be Existing at the time of the celebration of the marriage. 4. Such incapacity must also be shown to be medically or clinically permanent of Incurable. 5. Such illness must be Grave enough to bring about the disability of the party to assume the essential obligations of marriage. 6. The essential Marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221, and 225 of the same Code in regard to parents and their children. 7. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. 8. The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as Counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification. Art. 37 void by because of incest Art. 38 void because of public policy (9) (4SIASCLAK) Art. 39 An action for declaration of nullity of marriage is imprescriptible. Art. 40 For purposes of remarriage, the nullity of a previous marriage may be invoked solely on the basis of a final judicial declaration of nullity (JDN) of the previous marriage. Art. 41Marriage contracted by any person during the subsistence of a previous marriage is VOID
Exception: If the first spouse has been absent for four consecutive years, or two years under extraordinary circumstances, and the surviving spouse has a wellfounded belief that the spouse is dead, and there is a judicial declaration of presumptive death, without prejudice to the effect of the reappearance of the absent spouse. Exception to the exception: When both parties in the subsequent marriage acted in bad faith, the marriage is still void (Art. 44). Art. 42 subsequent marriage therefore automatically terminated Art. 43Effects of Bigamous Marriage: CPDISD (Come Play Dead In Some Day) 1. Children considered legitimate 2. Property Regime dissolved and liquidated (party in bad faith shall forfeit his/her share in favor of the common children or children by a previous marriage, and in case there are none, to the innocent spouse) 3. Donation propter nuptias remains valid, (but if the donee contracted marriage in bad faith, donations will be revoked) 4. Insurance benefits innocent spouse may revoke designation of guilty party as beneficiary, even if such designation is irrevocable 5. Succession Rights Party in bad faith disqualified to inherit from innocent spouse, whether testate or intestate 6. Donations - If both parties of subsequent marriage acted in bad faith, any donations and testamentary dispositions made by one party to the other by reason of marriage will be revoked (Art. 44) Art. 45 Voidable marriage AUFFPS (Are U Free For Paid Sex) (Note: ratification incumbent) 1. One of the parties is 18 or above but below 21, and there is no parental consent. (Age) 2. Either party was of unsound mind (insanity). 3. The consent of either party was obtained through fraud (different from mistake in identity): (chps) a. through non-disclosure of a previous conviction of a crime involving moral turpitude; b. through concealment of the wife of the fact that she was pregnant by another man; c. through concealment of a sexuallytransmitted disease, even if not serious or incurable; d. through concealment of drug addiction, habitual alcoholism or homosexuality/lesbianism. (Art.46) 4. The consent of either party was obtained through force, intimidation, or undue influence.
5. Either party is physically unable to consummate the marriage (impotence) (different from sterility). 6. Either party has a serious and incurable sexually-transmissible disease, even if not concealed. *In Buccat v Buccat, the Supreme Court refused to grant annulment filed by the husband because his wife gave birth to a baby a mere 89 days after their marriage. It held that it is unbelievable that the wife could have concealed the fact that she was 6 months pregnant at the time of the marriage. *However, in Aquino v Delizo, the Supreme Court granted annulment because the wife concealed the fact that she was 4 months pregnant during the time of the marriage. It argued that since Delizo was naturally plump, Aquino could hardly be expected to know, by mere looking, whether or not she was pregnant at the time of the marriage. Art. 46 circumstances constituting fraud Art. 47 periods of prescription for annulment Art. 48Court orders State to prevent collusion Art. 49 pendency of action; custody and support Art. 50 Art. 43 (CPDISD) also applies to void and voidable Art. 51 childrens legitimes delivered in cash, property, or securities, unless otherwise provided for Art. 52 JoPeL recorded in registries Final judgment, partition and distribution of properties of spouses, delivery of childrens presumptive legitimes Art. 53 remarriage after complying with reg reqs Art. 54 conceived or born before Art. 36 legit.
petitioner, to engage in prostitution or connivance in such corruption or inducement. 4. Final judgment sentencing respondent to (conviction) imprisonment of more than 6 years, even if pardoned (executive pardon, not pardon from offended party). 5. Drug addiction or habitual alcoholism of respondent. When it existed from the time of celebration, and concealed from petitioner, can be a ground for annulment of marriage. When it occurred only after the marriage, it is only a ground for legal separation, whether concealed or not. 6. Lesbianism or homosexuality of respondent. ditto on rules on drug addiction. 7. Contracting by respondent of a subsequent bigamous marriage, whether in the Philippines of abroad. 8. Sexual infidelity or perversion. 9. Attempt on the life of petitioner by respondent. There is no need for criminal conviction. 10. Abandonment of petitioner by respondent without justifiable cause for more than one year. *In Gandioco v Pearanda, the Supreme Court held that in sexual infidelity as a ground for legal separation, there is no need for prior conviction for concubinage, because legal separation only requires a preponderance of evidence, as opposed to proof beyond reasonable doubt required in concubinage. In fact, a civil action for legal separation based on infidelity may proceed ahead or simultaneously with the criminal action for concubinage, Art. 56 Grounds for Legal Separation: 4 Cs, BP 1. Condonation by aggrieved party 2. Consent by aggrieved party to the commission of the offense 3. Connivance between parties in the commission of the offense 4. Mutual guilt in ground for legal separation 5. Collusion between parties to obtain decree of legal separation 6. Prescription of action for legal separation *Other grounds for denying legal separation: 7. Death of either party during pendency of action (Lapuz-Sy v Eufemio) 8. Reconciliation of parties during pendency of action (Art. 66 par.1)
Art. 57 prescription: 5y w/n occurrence of cause Art. 58 no case can be tried before 6m w/n filing Art. 59 no legal separation may be decreed unless Court has taken steps toward reconciliation of spouseshighly improbable Art. 60 none based upon stipulation, confession Art. 61 after filing, entitlement to live separately; court designates administrator in absence of written agreement Art. 62 provisions of Art. 49 (custody, support) Art. 63 Effects of legal separation (ICLPI Crave Lolly Pops) 1. Disqualification of guilty spouse from inheritance by intestate succession. 2. Custody of minor children awarded to innocent spouse 3. They are entitled to live separately, but marriage bonds are not dissolved 4. Property regimes (ACP/CPG) dissolved and liquidatedforfeiture rule Art. 64 after finality of decree, innocent spouse may revoke donations in favor of guilty spouse (w/n 5 years of finality) Art. 65reconciliation: joint manifestation under oath Art. 66 effects of reconciliation (TS) 1. Legal separation proceedings terminated at whatever stage 2. Separation of property subsists unless spouses agree to revive property regime Art. 67agreement to revive specifications
injuryother party can apply for relief Art. 73 legitimate profession, occupation, business or activity unobjectionable, unless valid serious or moral grounds
3.
transaction, judicial authorization can be obtained in summary proceedings Absence of community property spouses separate property solidarily liable
Art. 102 liquidation procedure of ACP (I Party Day Night Light Dark) 1. Inventory 2. Payments of debts and obligations of ACPif insufficient, Art. 94 3. Delivery of remaining exclusive properties 4. Net assets are divided equally unless stated otherwise 5. Legitimes of children (presumptive) delivered 6. Dwelling is adjudicated to spouse with whom majority of the children choose to remain Art. 129 liquidation procedure of CPG (I Always Radically Party Day Midday Night Light Dark) Art. 135 sufficient cause for JSP(6) (CAPASA) 1. Penalty with civil interdiction 2. Spouse has juridically been declared an absentee 3. Loss of parental authority of spouse decreed by court 4. Abandonment of spouse or failure to comply with obligations 5. Separation for at leas one year with high improbability of reconciliation 6. Abuse of power of administration in marriage settlements
Nonpayment of taxes Debts incurred prior to constitution of family home 3. Debts secured by mortgages on the premises before or after such constitution 4. Debts due to laborers, mechanics, architects, builders, materialmen those who have rendered construction to building Art. 156 FH part of property regimes or sep property with latters consent. Art. 157Actual value shouldnt exceed UrbanP300,000 RuralP200,000 Art. 158 may be sold/assigned/encumbered with written consent of owner, spouse, and majority of beneficiaries of legal age Art. 159FH shall continue despite death of (Art. 152), for a period of 10 years or for as long as there is no minor beneficiary, but heirs cannot partition the same unless court finds compelling reasons therefore. Regardless of ownership. Art. 160creditor can apply for sale under execution if court finds actual value of FH exceeds amount allowed by law Art. 161a person may constitute, or be the beneficiary of, only one family home *may case
1. 2.
1st, 180d before solemnization of subsequent former marriage Born after 180d of celebration of subsequentsubsequent marriage Art. 169 burden of proof of legitimacy of child born after 300d after termination of marriage on whoever alleges legitimacy Art. 170 action to impugn legitimacy shall be brought within one year from knowledge of birth/recording; 2y if husband/heirs do not reside there; 3y if not in Phils.; if concealed, discovery of birth/record, whichever is earlier Art. 171 only cases wherein heirs may impugn (3) 1. If husband should die before expiration of period 2. If he should die after filing complaint, w/o having desisted 3. If child was born after death of husband PROOF of FILIATION Art. 172filiation is established by: (1) record of birth, (2) written admission of filiation signed by parent concerned. If foregoing absent, legitimate filiation is proven by (1) open and continuous possession of status of legit child, (2) any other means allowed by RoC and special laws Art. 173 Heirs of children have 5 years to institute action to claim legitimacy if child dies while in minority or in a state of insanity Art. 174rights of legitimate children (SSS) 1. Surname of both parents 2. Support of parents, ascendants, sibs 3. Successional rights granted by civil code ILLEGITIMATE CHILDREN Art. 175 establish same way as legitimate children Art. 176 surname; legitime (1/2 of legitimate) LEGITIMATED CHILDREN Art. 177 only those whose parents had no legal impediment at the time of the conception may be legitimated Art. 178 legitimation takes place by subsequent valid marriage Art. 179 same rights as legitimate children Art. 180 effects retroact to time of childs birth Art. 181 legitimation of child who died before celebration of subsequent marriage shall benefit childs descendants Art. 182 legitimation may only be impugned by those whose rights are prejudiced, w/n 5y from the time the cause of their action accrues.
Adopters v. illegitimate children AND surviving spouse 5. When only adopters survive 6. When only collateral blood relatives of adopted survive Art. 191judicial rescission (JR) if minor, if 18+ Art. 192 adopters may petition for JR (2) (1) Act constituting ground for disinheriting a descendant (2) Abandonment; any other repudiation Art. 193 reinstating of parental authority of parents by nature
4.
maintaining in dwelling Art. 205right to receive support shall not be levied upon on attachment or execution Art. 206if stranger gives support w/o knowledge of person obliged, stranger has right to claim from former (unless no intention of reimbursement) Art. 207 any 3rd person may furnish support when person obliged unjustly refuses/fails to give when urgently neededthe 3rd person has right of reimbursement from person obliged Art. 208 contractual support/willexcess beyond legal support is subject to levy on attachment or execution
caused by acts or omissions of unemancipated minor. Parents, judicial guardians, sub-PA: subsidiarily liable. All not liable if proved they exercised proper diligence required Everything elsequasi-delicts, CC. EFFECT OF PA ON CHILDREN Art. 220rights and duties of parents and those with PA to unemancipated children/wards (9) (SLGHGRODDLa Salle Green Hills has an ODD GRade) 1. Love and affection 2. Support, provide for their upbringing 3. Moral and spiritual Guidance, inculcate honesty, integrity, selfdiscipline, self-relianceinspire compliance with duties of citizenship 4. Enhance, protect, preserve and maintain physical and mental health at all times 5. To demand from them respect and obedience 6. To impose discipline on them 7. To perform other such duties as are imposed by law 8. to furnish them with good and wholesome educational materials, supervise their activitiesprevent them from acquiring habits detrimental to their health, studies and morals 9. To represent them in all matters affecting their interests Art. 221 parents, those exercising PA civilly liable for injuries and damages caused Art. 222 courts may appoint a guardian for child/property Art. 223 petition for disciplinary measures over child Art. 224 disciplinary measures may include commitment of child for not more than 30d in entities or institutions EFFECT OF PA UPON PROPERTY OF CHILD Art. 225parents jointly exercise legal guardianship over property of their unemancipated common child; if income or value>P50,000, parents furnish bond not less than 10 % of the value of the property Art. 226property of unem. Child earned or acquired with his work or industry or by onerous or gratuitous titlechilds in ownership, devoted to his support and education unless title provides otherwise Art. 227 if child manages/administrates parents propertynet proceeds belong to parents; monthly allowance/entire proceeds (not charged to legitime) SUSPENSION/TERMINATION OF PA
Art. 228PA terminates permanently (3) (PCE) 1. Death of parent 2. Death of child 3. Emancipation of child Art. 229 PA also terminates (but can be revived by final judgment) (5) (AGAFA) 1. Upon adoption of child 2. Upon appointment of general guardian 3. Upon judicial declaration of abandonment of the child in a case filed for the purpose 4. Upon final judgment of a competent court divesting party of PA 5. Upon judicial declaration of absence or incapacity of person exercising PA Art. 230 PA suspended upon conviction of parent or person exercising same of crime which carries penalty of civil interdiction; sentence, pardon, amnesty Art. 231other reasons for suspension of PA (4) (Hot Cold Big Large) 1. Treats the child with excessive harshness or cruelty 2. Gives the child corrupting orders, counsel or example 3. Compels the child to beg 4. Subjects the child or allows him to be subjected to acts of lascviousness Art. 232 sexual abuse=permanent deprivation of PA Art. 233no corporal punishment for special PA