Philippine Normal University Law Course Reviewer

Void and Voidable Marriages

• A void marriage is inexistent from the time of performance and cannot be ratified.
• A voidable marriage is valid until annulled by the court and can be ratified by cohabitation and/or prescription.
• In a void marriage, there is no community of property, and children are considered illegitimate.
• In a voidable marriage, there is an absolute community of property, and children are considered legitimate.

Annulment of Marriage

• The grounds for annulment of marriage are:
  • Lack of parental consent
  • Insanity of one party
  • Fraud
  • Force, intimidation, or undue influence
  • Impotence of one party
  • Serious STD of one party
• The period for filing an annulment varies depending on the ground, and prescription or cohabitation may ratify the marriage.
• An annulment can be filed by the injured party, and the court may declare the marriage null and void.

Case Study

• M and J got married, but M later discovered that J was pregnant by another man at the time of marriage.
• M filed an annulment of marriage on the ground of fraud, but the court will not grant the annulment because J was not pregnant at the time of marriage.

Grounds for Declaration of Nullity of Marriage

• The grounds for declaration of nullity of marriage are:
  • Psychological incapacity
  • Fraud
  • Lack of parental consent
  • Insanity of one party
  • Force, intimidation, or undue influence
  • Impotence of one party
  • Serious STD of one party
• A declaration of nullity of marriage can be filed by the injured party or the public prosecutor.

Expert Opinion

• An expert opinion is not required for a declaration of nullity of marriage due to psychological incapacity.
• The totality of evidence must sufficiently prove the psychological incapacity of one or both spouses.

Rights and Obligations of Spouses

• The rights and obligations of spouses include:
  • Living together
  • Observing mutual love, respect, and fidelity
  • Rendering mutual help and support
  • Fixing the family domicile
  • Jointly supporting the family
  • Managing the household
  • Not neglecting duties or committing acts that bring danger, dishonor, or injury to the family
  • Exercising parental authority over children's property
  • Answering for civil liability arising from injuries caused by children below 21

Property Regimes

• The types of property regimes under the Family Code are:
  • Absolute Community of Property
  • Conjugal Partnership of Gains
  • Complete Separation of Properties
• Each regime has its own rules and implications for the ownership and management of properties.

Violence Against Women and Children (VAWC)

• The types of violence under VAWC are:
  • Physical violence
  • Sexual violence
  • Psychological violence
  • Economic abuse
• Each type of violence has its own elements and characteristics.

Elements of Violence

• The elements of each type of violence are:
  • Physical violence: bodily or physical harm, and other specific acts
  • Sexual violence: sexual acts, including rape, sexual harassment, and other forms of sexual exploitation
  • Psychological violence: emotional or psychological harm, including intimidation, stalking, and other forms of psychological abuse
  • Economic abuse: deprivation or control of financial resources, including withholding of financial support### Introduction to Law
• A nation is a group of people with a common language, history, culture, and geographic territory.
• A state is a group of people occupying a fixed territory bound by one body politic subject to a definite authority exercising control over all persons occupying its territory.
• The four elements of a state are:
  • People
  • Territory
  • Government
  • Sovereignty
• The five functions of government are:
  • Maintain peace and security
  • Regulate the economy
  • Promote social welfare and development
  • Provide public services
  • Protect national territory
• The three inherent powers of the State are:
  • Police Power
  • Power of Eminent Domain
  • Power of Taxation

Family Code

• The essential requisites of marriage are:
  • Legal capacity of the contracting parties
  • Consent freely given in the presence of the solemnizing officer
• The formal requisites of marriage are:
  • Authority of the solemnizing officer
  • Valid marriage license (except in certain cases)
  • Marriage ceremony with the appearance of the contracting parties and witnesses
• Marriages exempt from the marriage license requirement include:
  • Articulo Mortis
  • No means of transportation
  • Marriage in articulo mortis between passengers and crew members
  • Marriage in articulo mortis between members of the armed forces or civilians
  • Marriages among Muslims or among members of the ethnic cultural communities
  • Marriage between a man and a woman who have lived together for five years and without any legal impediment to marry each other
• The effect of absence, defect or irregularity of the requisites of marriage:
  • Marriages lacking any essential or formal requisite are void ab initio
  • Marriages attended by a defective essential requisite are voidable
  • Marriages attended by an irregularity as to formal requisites are valid, subject to potential criminal, civil, or administrative liability

Labor Code

• The rights of workers protected by the State include:
  • Equal opportunity
  • Self-organization
  • Collective bargaining
  • Security of tenure
  • Just and humane conditions of work
• Management prerogative includes the right to:
  • Regulate all aspects of employment
  • Prescribe reasonable rules and regulations
  • Implement disciplinary measures
  • Hire and terminate employees
• The four-fold test in determining whether or not there is an employee-employer relationship:
  • Power of selection and hiring of employee
  • Power of discipline and dismissal
  • Payment of Wages
  • Control test
• Types of employment:
  • Regular Employees
  • Probationary Employees
  • Term Employees
  • Project Employees
  • Seasonal Employees
  • Casual Employees

Violence Against Women and Their Children (VAWC)

• The reliefs that an abused woman/child may seek include:
  • Filing of a criminal action
  • Protection Order
  • Economic Abuse
  • Psychological Abuse
• Economic abuse includes:
  • Willful withholding of support
  • Denial of financial resources
• Psychological abuse includes:
  • Causing mental or emotional anguish
  • Public ridicule or humiliation
  • Repeated verbal and emotional abuse

Reviewer

• The scope of the exam includes:
  • Introduction & Constitution
  • Family Code
  • Labor Code
• Notes:
  • This reviewer is meant to guide you in your review for the Mid-term Examinations.
  • You are still expected to read, understand, and apply the specific provisions of the laws and the cases that we tackled.