Mnemonics

I. 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

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. 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

B. Use of Surnames (364-380,

CC)
Art.
Art.
Art.
Art.
Art.
Art.

364 children: surname of father

365 adopted child: surname of adopter
366 natural: father if both acknowledge
367 natural by legal fiction: fathers
368 illegitimate (Art. 287): mothers
369 conceived before decree of
annulment: fathers
Art. 370 married woman may use (3)

X Y-Zee

X Zee

Mrs. A Zee
Art. 371 If annulment, guilty wife shall use
own surname. Innocent may
resume maiden surname, or choose
to continue husbands, unless: 1)
court decrees otherwise, 2)
subsequent marriage of either
Art. 372 if legal separation, no change of
surname
Art. 373 if widow, may use husbands
surname
Art. 374 if same names, younger person has
to add name
Art. 375 male descendants

Jose Crisostomo, Jr.

Jose P. Crisostomo

Jose Crisostomo III

Art. 376 no person can change his name
without judicial authority

Repealed by RA 9048
Art. 377 usurpation of name subject of
action for damages and other relief
Art. 378 unauthorized use=right of action
Art. 379pen names and stage names ok
(GF, 3)

Art. 380 no person shall else use different

names and surnames

C. Emancipation and Age of

Majority
RA 6809 lowered age of majority from 21 to
18

D. Absence (381-396, CC)

Provisional Measures in case of absence
Art. 381 judge may appoint representation if
person disappears from domicile,
whereabouts unknown and no agent
appointed
Art. 382 judge specifies powers, obligation
and remuneration or rep (to safeguard
absentees rights and interests)
Art. 383 spouse is preferred as rep if there
is no LS
Declaration of Absence
Art. 3842 years, news; 5 years,
administrator
Art. 385 who can ask for declaration
(SHaRP)
1. Spouse
2. Heirs instituted in a will
3. Relatives (intestate succession)
4. Those who have right over property of
absentee
Art. 386 declaration takes effect 6m after
pub.
Administration of Property of Absentee
Art. 387 administrator appointed (Art. 383)
Art. 388 administratix-wife cant
alienate/encumber w/o judicial authority
Art. 389 administration ceases (AD3)
1. Appearance of absentee or agent
2. Death is proved and heirs appear
3. Third person appears, shows proper
document
Presumption of death
Art. 390 7y; succession: 10y & if 75 yo, 5y
Art. 391 4y; dead for all purposes (VAD)
1. A person on board a lost
vessel/aeroplane
2. Armed forces, war, MIA
3. Person who has been in danger of
death under other circumstances
Art. 392 If existence proved, absentee can
recover the property (but not claim fruits or
rents)
Effect of absence upon contingent rights
of absentees
Art. 393 must prove existence to acquire

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

E. Funerals (305-310, CC)

Art. 305 duty and right to make
arrangements for funeral order of
support (?)
Art. 306 funeral in keeping with social
position
Art. 307in accordance w/ ds wishes; beliefs
Art. 308 no human remains shall be
retained w/o consent (relatives?)
Art. 309 disrespect is liable for damages
(MM)
Art. 310 tombstone/mausoleum part of
funeral expenses, chargeable to conjugal
partnership

F. Civil Register (407-413)

Art. 407 civil status of persons recorded
(EJA)

Events, Judicial decrees, Acts

Art. 408 following should be entered in civil
register (CLIME has BLAND FLAVAR)
(16)
1.
Changes of name
2.
Loss
3.
Civil interdiction
4.
Marriages
5.
Emancipation
6.
Birth
7.
Legal separations
8.
Adoptions
9.
Naturalization
10.
Deaths
11.
Judicial determination of
filiation
12.
Legitimations
13.
Acknowledgements of
natural children
14.
Void ab initio judgments
15.
Annulments of marriage
16.
Recovery of citizenship
Art. 409 duty of court to see if
CLIMEBLANDFLAVAR has been registered
Art. 410 books of civil registry prima facie
evidence of facts
Art. 411 every civil registrar responsible for
unauthorized alteration
Art. 412 No entry in a civil register shall be

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

III. Family Relations

A. Introduction

B. Requisites of Marriage (126, FC)

Art. 1 definition of marriage (SUMEFILS-PL)

Special contract of Permanent union

between a Man and a woman Entered
into in accordance with law for the
establishment of conjugal and family
life. It is the Foundation of the family
and an Inviolable social institution
whose nature, consequences and
incidents are governed by Law and not
subject to Stipulations, except that
marriage settlements may fix Property
relations during the marriage within
the limits provided by this Code.
Art. 2Essential Requisites: LC
1. Legal capacity
2. Consent freely given in the presence of
the solemnizing officer
Art. 3Formal Requisites: ALC
1. Authority of solemnizing officer
2. A valid marriage License (except for
chap. 2 of this title)
3. Marriage Ceremony
Art. 4:
If ER or FR absent=void ab initio
If ER has defect=voidable
If FR has irregularities=valid, but
civil/criminal/administrative liabilities

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

C. Marriages exempt from

license requirement (2734, FC)
Art. 27 point of death
Art. 28 remote place (no means of transpo)
Art. 29 solemnizing officers affidavit for
Arts. 28-29
Art. 30 affidavit must be sent to registrar
w/n 30d
Art. 31 articulo mortis bet. passengers/crew
mems
Art. 32 PoD w/n zone of military ops
Art. 33 Muslims in acc. w/ customs rights
and practices
Art. 34 license not necessary if cohabitation
for 5y w/o legal impediment

D. Void and Voidable marriages

(35-54, FC)
Art. 35ASL, Be My Sweetie
1. Age: under 18, even without consent of
parents
2. Solemnized by anyone not authorized
to do so
3. There is no marriage license
4. Bigamous or polygamous marriage
(except when first spouse has been
absent for four years, or two years
under extraordinary circumstances,
and the remaining spouse has a wellfounded belief that the absent spouse
is dead, and is judicially declared
presumptively dead. (Art. 41))
5. Mistake of identity
6. Subsequent marriages under Art. 53
(Marriage is void when Art. 52 is not
complied with: There must be a
partition and distribution of property
after the judgment of annulment of
declaration of nullity. The presumptive
legitimes of the children must also be
delivered and recorded in the
appropriate civil registry)
Art. 36 psychological incapacity

*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.

E. Legal Separation (55-67, FC)

Art. 55Legal Separation: VVCCDLSSAA
(Valle-Verde Country Club De La Salle
Super Alumni Association)
BED AND BOARD SEPARATION MAY BE
DECREED WHEN THERE IS (Art. 55):
1. Repeated violence or grossly abusive
conduct directed against petitioner, a
common child, or a child of the petitioner.
2. Physical violence or moral pressure to
compel petitioner to change religious or
political affiliation.
3. Attempt of respondent to corrupt or
induce petitioner, a common child, or child of

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. 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

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

F. Rights and Obligations (Arts.

68-73, FC)

*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. 68mutual love and support

Art. 69family domicile
Art. 70 spouses jointly responsible for
support of family
Art. 71 management of household right and
duty of both
Art. 72 neglect/act bringing danger dishonor

Goitia v. Campos Rueda

Wife leaves conjugal home because she was
repeatedly asked by her husband to perform
lascivious acts on his genital organ. Now suing
for support. COURT HELD: wife is entitled to
separate maintenance.
She was forced to
leave conjugal home without fault on her part.
Husband cannot relieve himself of the duty
imposed by law.

injuryother party can apply for relief

Art. 73 legitimate profession, occupation,
business or activity unobjectionable, unless
valid serious or moral grounds

G. Property Relations between

husband and Wife (74-148,
FC)
(see other handouts)
Art. 86 revocation of donations (6)(VGALRI
Very Good Aim, Like Really Ick)
1. Void ab initio marriage
2. Lack of consent from guardian
3. Annulmentdonee acted in bad faith
4. Legal Separationguilty spouse donee
5. Donee committed act of ingratitude
Art. 94 liabilities of ACP (10) (So Dana
Dices Tomato Tapas In A Cupboard Of
Love)
1. Support of spouse, all children cept
illegit
2. Debts and obligations contracted
during the marriage by administratorspouse, both spouses, spouse
w/consent
3. Debts and obligations contracted by a
spouse without consent if family
benefited
4. Taxes, liens charges and expenses
in community property
5. Taxes and expenses for mere
preservation upon separate property
of either spouse
6. Expenses for self-improvement
7. Ante-nuptial debts redounding to the
benefit of the family
8. Value of what is donated/promised in
favor of common legitimate children
for self-improvement
9. Other debts which would be
considered advances to be deducted
from share of debtor-spouse upon
liquidation
10. Expenses of litigation between
spouses (cept if groundless)
Art. 99 termination of ACP (4) (DLVJ)
1. Death
2. Legal separation
3. Declaration of nullity/annulment
4. Judicial separation of property
Art. 100 & 127 separation de facto (SCA
Super California Adventure)
1. Spouse who leaves w/o just cause not
entitled to support
2. If consent of spouse is required for

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

H. Family (149-162, FC)

Art. 150 family relations include: (4)
Art. 151 no suit can prosper unless
attempted compromise has failed
Art. 152 dwelling house where husband and
wife or unmarried head of a family reside,
and where it is situated
Art. 153 from time of constitution, family
home exempt from execution, forced sale
or attachment except as provided and to
extend of value allowed by law
Art. 154 beneficiaries of family home: (2)
1. Husband and wife/unmarried head
2. Parents, ascendants, descendants,
siblings who live in the family home
and depend on support
Art. 155execution, forced sale and
attachment allowable if (3) (NPLM
NaPaLM)

1.
2.

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

I. Paternity and Filiation (163182, FC)

Art. 163 filiation may be by nature or by
adoption
Art. 164conceived or born during
marriage=legitimate; sperm donors
Art. 165 conceived or born outside valid
marriage=illegitimate
Art. 166 grounds of impugning legitimacy
(3) (PiliBA)
1. Physical impossibility (1st 120 days of
300 days before birth)
a. Physical incapacity to have
sexual intercourse
b. Living separately
c. Serious illness which
prevented intercourse
2. Biological or Scientific impossibility
3. Artificial Inseminationwritten
authorization obtained through
mistake, fraud, violence, intimidation,
or undue influence
Art. 167 child may be legit even if mom is
adulteress/says otherwise
Art. 168 If subsequent marriage

Born within 300d after termination of

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.

J. Adoption (183-193, FC)

Art. 183person may adopt if legally
capacitated and w/ full legal rights and civil
capacity, provided he is in the position to
support and care for the children, in
keeping w/ means of family; only minors;
16y older (unless parent/spouse of parent)
Art. 184 persons who may not adopt (3)
(GMAfsj)
1. Guardian, prior to approval of final
accounts rendered upon termination of
guardianship
2. Someone who has been convicted of
moral turpitude
3. Alien, except
a. Former Filipinorelative by
consanguinity
b. Spouse of Filipinolegit child
of Filipino spouse
c. One seeking to jointly adopt a
relative by consanguinity of the
latter
*aliens not inc. may adopt in acc. w/ intercountry adoption as provided by law
Art. 185 husband and wife must jointly
adopt, except when (1) own illegitimate
child, (2) legitimate child of the other
spouse
Art. 186 joint parental authority
Art. 187 may not be adopted (3) (LAP)
1. Legal age (cept if child by nature or
consistent consideration)
2. Alien w/ no diplomatic relations
3. Person who has previously been
adopted, unless adoption has been
previously revoked or rescinded
Art. 188 written consent of following to
adoption (5)
(10 APLIS)
1. Child to be adopted (10yo or older)
2. Parent by nature, guardian, gov.
instrumentality
3. Legitimate, adopted children of
adopters, 10yo
4. Illegitmate children, if living w/
adopting parent
5. Spouse
Art. 189effects of adoption (3) (RAH)
1. Rights and obligations; surname;
2. Parental authority of parents by
nature terminates
3. Adopted shall remain intestate heir of
parents and other blood relatives
Art. 190 legal/intestate succession of
adopted (6)
1. Legitimate and illegitimate children
and descendants and surviving spouse
2. Parents v. adopters
3. Surviving spouse OR illegitimate
children v. adopters

4.

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

K. Support (194-208, FC)

Art. 194everything indispensable for
(Samantha Dayrit Crisostomo May Eat
Tommy)

Sustenance, dwelling, clothing,

medical attendance, education
(profession, trade or vocation),
transportation
Art. 195obligated to support each other (5)
1.
Spouses
2.
Ascendants and descendants
3.
Parents and their legitimate
children (and legit/illegit of latter)
4.
Parents and their illegit (and
legit/illegit of latter)
5.
Legit brothers and sisters
Art. 196brothers not legitimately related are
likewise bound to support except when
need for support is due to a cause
imputable to claimants fault or negligence
Art. 197 separate property liable
Art. 198 proceedings for spouses and
children supported by ACP/CPG; final
judgmentmutual support ceases
(exception: LS)
Art. 199liability of support order (Some
Drive A Benz)

Spousedescendantsascendantsbr
others and sisters
Art. 200 obligation to support divided
between person in proportion to resources
of each; if 2 or more recipients
Art. 201amount of support: proportionate to
resources of giver and necessities of
recipient
Art. 202support would be reduced or
increased proportionately
Art. 203obligation to give support shall be
demandable from the time the person who
has a right to receive the same needs it for
maintenance, but shall not be paid except
from date of judicial or extrajudicial
demand
Art. 204obligation fulfilled by: allowance;

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

L. Parental Authority (209-233,

FC)
Art. 209parental authority and
responsibility: (Can RaCE DoMoMPraWd)
Art. 210PAR may not be renounced or
transferred (cept in cases authorized by
law)
Art. 211 joint exercise of PA over children;
father
Art. 212 one spouse: absence, death;
remarriage
Art. 213 separation; child 7yo w/ mom
(unless)
Art. 214 if both parents: death, absence,
unsuitabilitysurviving grandparent,
designated by court
Art. 215no descendant shall be compelled in
a criminal case to testify against his
parents and grandparents, except when
such testimony is indispensable in a crime,
against the descendant or by one parent
against the other
SUBSITUTE AND SPECIAL PARENTAL
AUTHORITY
Art. 216substitute parental authority in
default of parents or judicially appointed
guardian (GOC)
1. Surviving grandparent
2. Oldest brother or sister (21+;
-unfit/disqualified)
3. Childs actual custodian (21+;
-unfit/disqualified)
Art. 217foundlings, abandoned, neglected,
abused childrenheads of childrens
homes, orphanages and similar institutions
accredited by the proper gov. agency
Art. 218special parental authority: school,
administrators, teachers, individual, entity
or institution engaged in child carewhile
under their supervision, instruction or
custody, inside or outside premises
Art. 219 those w/ special parental authority
principally and solidarily liable for damages

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

M. Emancipation and Age of

Majority (234-237, FC)
Art.
Art.
Art.
Art.

23418yo: age of majority (RA 6809)

235 repealed by RA 6809
236 effect of emancipation
237repealed by RA 6809

N. Summary Judicial
Proceedings (238 253, FC)
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.
Art.

238
239
240
241
242
243
244
245
246
247
248
249
250
251

Art. 252
Art. 253