Family Code PDF

# FAMILY CODE ## Article 1. ### MARRIAGE - is a 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, c...

# FAMILY CODE ## Article 1. ### MARRIAGE - is a 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 stipulation **EXCEPT:** that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. ## Article 2. - No marriage shall be valid unless these **ESSENTIAL REQUISITES** are present: - (1) Legal capacity of the contracting parties who must be a male and a female; and - (2) Consent freely given in the presence of the solemnizing officer. ## Article 3. - The **FORMAL REQUISITES** of marriage are: - (1) Authority of the solemnizing officer; - (2) A valid marriage License - except in the cases provided for in Chapter 2 of this Title; and - (3) A marriage Ceremony - which takes place with the appearance of the contracting parties - before the solemnizing officer and - their personal declaration that they take each other as husband and wife - in the presence of not less than two witnesses of legal age. ## Article 9. - A **MARRIAGE LICENSE** - shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides, - **EXCEPT**: in marriages where no license is required in accordance with Chapter 2: Marriages Exempted from License Requirement # TITLE V ## THE FAMILY ### Chapter 1. The Family as an Institution ## Article 149 - The family, - being the foundation of the nation, - is a basic social institution which public policy cherishes and protects. - Consequently, family relations - are governed by law and - no custom, practice or agreement destructive of the family shall be recognized or given effect. (216a, 218a) # TITLE VI ## PATERNITY AND FILIATION ### Chapter 1. Legitimate Children ## Article 163. - The filiation of children - may be by nature or by adoption. - Natural filiation - may be legitimate or illegitimate. (n) ### Chapter 3. Illegitimate Children ## Article 175. - Illegitimate children - may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. - The action must be brought within the same period specified in Article 173, - **EXCEPT**: when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a) # TITLE VIII ## SUPPORT ## Article 194. - Support comprises everything indispensable for: - sustenance, - dwelling, - clothing, - medical attendance, - education and - transportation, - in keeping with the financial capacity of the family. - The education of the person entitled to be supported referred to in the preceding paragraph - shall include his schooling or training for some profession, trade or vocation, - even beyond the age of majority. - Transportation shall include expenses in going: - to and from school, or - to and from place of work. (290a) # TITLE IX ## PARENTAL AUTHORITY ### Chapter 1. General Provisions ## Article 209 - Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, - Parental authority and responsibility shall include: - the caring for and rearing them for civic consciousness and efficiency and - the development of their moral, mental and physical character and well-being. (n) # TITLE X ## EMANCIPATION AND AGE OF MAJORITY ## Article 234. - **EMANCIPATION** - takes place by the attainment of majority. - Unless otherwise provided, majority commences at the age of twenty-one years (eighteen years?). - Emancipation also takes place: - (1) By the marriage of the minor; or - (2) By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least eighteen years of age. - Such emancipation shall be irrevocable. (397a, 398a, 400a, 401a) # PROPERTY - All things which are or may be the object of the appropriation - Comprehends every species of title, - Inchoate or complete, - Legal or equitable ## TYPES OF IMMOVABLE PROPERTIES (LTAS-FAM-MDC) 1. **Land, Buildings, Roads and Constructions of all kinds adhered to the soil LAND** - An immovable property - **SHOVEL OF LAND** - Personal property but when it is used to cover a land, it becomes immovable again - **BUILDINGS** - Immovables by incorporation - Their adherence to the land must be permanent and substantial - They are more or less of a permanent structure, substantially adhering to the land, - and NOT mere superimpositions on the land like barong-barongs or Quonset fixtures and - provided there is intent of permanent annexation 2. **TREES, Plants and Growing plants** - They are immovable property on the theory that they derive their existence or substance from the soil - **TREES ARE CUT OR UPROOTED,** - Incorporation ceases and they become movable - **EXCEPT**: In the case of uprooted timber - it is still an integral part of an immovable property - when it constitutes the natural product of the latter 3. **STATUES, reliefs, paintings, or other objects for use or ornamentation REQUISITES: (OPOI)** - a. It is an OBJECT of ornamentation or object of use - b. The property is PLACED on a building or land - c. It must be placed by the OWNER of the immovable (buildings or lands) - The owner of the immovable may act through his agent or duly appointed guardian - d. There is an INTENTION of permanent annexation or attachment, even if adherence will NOT involve breakage or injury - This is the main consideration 4. **FERTILIZER** - This is an immovable by destination - The term "Actually used" - Means that it has been spread over the land - Fertilizers kept in a barn or still in their containers - Should be regarded as movables ## PROPERTY IN RELATION TO WHOM IT BELONGS 1. **PUBLIC DOMINION** - Owned by the state in its public or sovereign capacity and intended for public use and NOT for the use of the state as a juridical person 2. **PRIVATE OWNERSHIP** - a. **PATRIMONIAL PROPERTY** - Property owned by the State and its political subdivisions in their private capacity - b. **Property belonging to private person,** - Either individually or collectively # OWNERSHIP ## OWNERSHIP - It is the independent and general right of a person to control a thing particularly in is possession, enjoyment, disposition, and recovery, subject to no restrictions - **EXCEPT**: Those impose by the State or private persons, without prejudice to the provisions of the law ## KINDS OF OWNERSHIP: 1. **FULL OWNERHSIP (Dominium or jus in re propria)** - Includes all the rights of an owner 2. **NAKED OWNERSHIP (Nuda Proprietas)** - The bare title to property - Where the right to the use and fruits has been denied # QUIETING OF TITLE ## ACTION TO QUIET TITLE - A common law remedy for the removal of any cloud upon or doubt or uncertainty with respect to title to real property - To secure an adjudication that a claim of title to or an interest in property, - adverse to that of complainant is invalid, - so that the complainant and those claiming under him may be forever afterward free from any danger of hostile claim # CO-OWNERSHIP ## CO-OWNERSHIP - It is that form of ownership which exists whenever an undivided thing or right belongs to different persons - By the nature of co-ownership, - A co-owner cannot point to any specific portion of the property owned in common as his own - Because his share in it remains intangible and ideal ## REQUISITES OF CO-OWNERSHIP (POL): 1. PLURALITY of owners 2. The OBJECT of ownership must be a thing or right which is undivided 3. Each co-owner's right must be LIMITED only to his ideal share of the physical whole # OCCUPATION ## OCCUPATION - It is a mode of acquiring ownership by the seizure of corporeal things that have no owner, - With the intention of acquiring them, - And according to the rules laid down by law ## REQUISITES OF OCCUPATION: (CARISO) 1. The thing seized must be CORPOREAL personal property 2. The thing must be susceptible of APPROPRIATION by nature 3. REQUISITES laid down by law must be complied with 4. There must be an INTENTION to appropriate 5. There must be SEIZURE of a thing 6. The thing must be without an OWNER # DONATION ## DONATION - it is an act of liberality whereby a person disposes gratuitously a thing or right in favor of another who accepts it ## REQUISITES OF DONATION: (CIDA) 1. Donor must have CAPACITY to make the donation at the time of the perfection of the contract 2. He must have a donative INTENT 3. There must be DELIVERY 4. Donee must ACCEPT or consent to the donation # IV. SUCCESSION ## A. GENERAL PROVISIONS ### A.1. DEFINITION - is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person - are transmitted through his death to another or others either by his will or by operation of law ## KINDS OF SUCCESSION: - (1) Testamentary; - (2) Legal or intestate; or - (3) Mixed. ## B. TESTAMENTARY SUCCESSION - TESTAMENTARY SUCCESSION - is that which results from the designation of an heir, - made in a will - executed in the form prescribed by law. ### B.1. WILLS - A WILL - is an act whereby a person is permitted, with the formalities prescribed by law, - to control to a certain degree - the disposition of his estate, - to take effect after his death ## CHARACTERISTICS OF A WILL: (PFV-DRUM) 1. It is a strictly PERSONAL act 2. It is a FORMAL and solemn act 3. It is a free and VOLUNTARY act 4. It is a DISPOSITION of property 5. It is ambulatory and REVOCABLE 6. It is an individual and UNILATERAL act 7. It is an act MORTIS CAUSA ## C. LEGAL OR INTESTATE SUCCESSION - LEGAL OR INTESTATE SUCCESSION takes place: (WISHI) - (1) If a person dies WITHOUT a will, or with a void will, or one which has subsequently lost its validity; - (2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. - In such case, legal succession shall take place only with respect to the property of which the testator has not disposed; - (3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or - (4) if the heir dies before the testator, or repudiates the inheritance, - there being no substitution, and - no right of accretion takes place; - (5) When the heir instituted is incapable of succeeding, except in cases provided in this Code # OBLIGATIONS ## OBLIGATION - A juridical necessity: - To give - To do, or - Not to do - A juridical relation whereby a person (called the creditor) demand from another (called the debtor) the observance of a determinative conduct (the giving, doing or not doing), and - In case of breach, may demand satisfaction from the assets of the latter ## ELEMENTS OF OBLIGATION (JAPO) 1. Juridical Tie / Vinculum juris 2. Active subject (creditor) 3. Passive subject (debtor) 4. Object ## SOURCES OF OBLIGATIONS: LC-QAQ 1. Law – Ex Lege 2. Contracts – Ex-Contractu 3. Quasi-contracts – Quasi Ex-Contractual 4. Acts or omissions punished by law (Delicts, Ex-delictu, culpa criminal) 5. Quasi-delicts ## KINDS OF QUASI-CONTRACT 1. **NEGOTIORUM GESTIO (Officious Management)** - Whoever voluntarily takes charge of the agency or management of the business or property of another, - Without any power from the latter, - Is obliged to continue the same until the termination of the affair and its incidents - Or to require the person concerned to substitute him, - If the owner is in a position to do so - **REQUISITES OF NEGOTIORUM GESTIO: (No-CAN-Vo)** - NO meeting of the minds - Taking CHARGE of another's business or property - Property or business must have been ABANDONED or neglected - The officious manager must NOT have been expressly or implicitly authorized; and - The officious manager (gestor) must have VOLUNTARILY taken charge - There must be no vitiated consent, such as error in thinking that he owned the property or the business 2. **SOLUTIO INDEBITI (Payment not due)** - If something is received when there is NO right to demand it, - And it was unduly delivered through mistake, - The obligation to return it arises - **ELEMENTS OF SOLUTION INDEBITI** - A payment is made when there exists no binding relation between: - The payor, who has NO duty to pay, and - The person who received the payment; and - The payment is made through mistake and NOT through liberality or some other cause ## KINDS OF DELAY 1. **MORA SOLVENDI** - Delay on the part of the debtor by not performing his obligation after a demand / specified time and may either be - a. Ex Re - obligations to give - b. Ex Persona – obligations to do 2. **MORA ACCIPIENDI** - The delay on the part of the creditor without justifiable reason to accept the performance of the obligation 3. **COMPENSATIO MORAE** - Delay of the parties in a reciprocal obligation # PURE AND CONDITIONAL OBLIGATIONS ## PURE OBLIGATIONS ### PURE OBLIGATIONS (1.a.) - Obligations whose performances do NOT depend: - upon a future or uncertain event or - upon a past event unknown to the parties are demandable at once - Obligations which contain NO terms and conditions whatever - Upon which depends the fulfillment of the obligation contracted by the obligor ## WHEN IS AN OBLIGATION DEMANDABLE AT ONCE 1. When it is pure 2. When it is subject to a resolutory condition 3. When it is subject to a resolutory period ## CLASSIFICATION OF CONDITIONS: 1. As to the Effect of Obligation - a. **SUSPENSIVE** - When the fulfillment of the condition results in the acquisition of rights arising out of the obligation - If does NOT take place, - The parties would stand as if the conditional obligation had never existed - There can be NO rescission of an obligation that is still non-existent, - The suspensive condition NOT having been fulfilled - b. **RESOLUTORY** - When the fulfillment of the condition results in extinguishment of rights arising out of the obligation ## ALTERNATIVE OBLIGATION - A person alternatively bound by different prestations shall completely perform one of them - It is one where out of two or more prestations which may be given, only one is due - Determined by the choice of the debtor who generally has the right of election - LIMITATION: The creditor CANNOT be compelled to receive part of one, and part of the other undertaking ## FACULTATIVE OBLIGATION - An obligation wherein only one object or prestation has been agreed upon by the parties to the obligation, - But which may be complied with by the delivery of another or the performance of another prestation in substitution - Communication is necessary to effect the substitution of the other prestation ## JOINT AND SOLIDARY OBLIGATIONS ### JOINT OBLIGATION (OBLIGACION MANCOMUNADA) - The whole obligation is to be: - paid or fulfilled proportionately by different debtors or - demanded proportionately by different creditors - Each debtor is liable only for a proportionate part of the debt, - And the creditor is entitled to demand only a proportionate part of the credit from each debtor ### SOLIDARY OBLIGATION (OBLIGACION SOLIDARIA) - Each one of the debtors is bound to render, and/or each one of the creditors has a right to demand entire compliance with the prestation- - Each of the debtors is liable for the entire obligation, and each of the creditors is entitled to demand the satisfaction of the whole obligation from any or all of the debtors ## EXTINGUISHMENT OF OBLIGATIONS: (NoCoMeRe-PaLo-Pre-Re-FulAn) 1. Novation 2. Compensation 3. Merger or Confusion 4. Rescission 5. Payment or Performance 6. Loss of the thing due 7. Prescription 8. Remission or Condonation 9. Fulfillment of a resolutory condition and 10. Annulment # MERGER OR CONFUSION ## CONFUSION - It is the merger of the characters of the creditor and the debtor in one and the same person by virtue of which the obligation is extinguished ## REQUISITES OF MERGER: (CPM) 1. Merger of the CHARACTERS of the creditor and debtor must be in the same person 2. Must take place in the PERSON of either the principal debtor 3. When the merger refers to the entire obligation or only part thereof, - There must be complete and definite MEETING of all quantities of creditor and debtor in the obligation or in part thereof affected by the merger # CONTRACTS ## CONTRACT - Is a meeting of minds between two persons whereby one binds himself, - With respect to the other to give something or to render some service ## ESSENTIAL REQUISITES OF A CONTRACT 1. CONSENT of the contracting parties 2. OBJECT certain which is the subject matter of the contract 3. CAUSE of the obligation which is established # FORMS OF CONTRACTS ## FORMS OF CONTRACTS ### GENERAL RULE: - Contracts shall be obligatory, in whatever form they may have been entered into, Provided all the essential requisites for their validity are present ### EXCEPTIONS: 1. When the law requires that the contract be in a certain form to be valid 2. When law requires that the contract be in a certain form to be enforceable 3. When required to make the contract effective as against third parties ## FORMALITIES FOR VALIDITY 1. Those which must appear in writing 2. Those which must appear in a public document 3. Those which must be registered ## DEFECTIVE CONTRACTS 1. Rescissible Contracts – “Valid but defective because of injury or damage" 2. Voidable Contracts – “All elements are present but consent is vitiated” 3. Unenforceable Contracts - "Cannot be enforced unless ratified" 4. Void Contracts - “Prohibited by law or contrary to moral, public policy etc" 5. Inexistent Contracts – “Lack one or some of its essential elements for validity"