Annex - Persons And Family Relations

Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ANNEX A EFFECTS OF TERMINATION OF MARRIAGE Grounds for annulment Lack of parental consent

Insanity of one party

Who can file

Prescriptive period

a. Party under age

a. Within 5 years after attaining 21

b. Parent or guardian

b. Before child reaches 21

Sane spouse

2 views:

Ratification Free cohabitation after reaching 21

Free cohabitation after insane regains sanity

Sempio-Diy: Before death of other party Dean Del Castillo: Within 5 years from the time the right or action accrues

Fraud Vitiated consent

Guardian of insane spouse

Anytime before the death of either party

Insane spouse

During the lucid interval or after regaining sanity also before death of other party

Injured Party

Within 5 years after discovery of Fraud

Free cohabitation even with full knowledge of facts constituting the fraud

Injured Party

Within 5 years from time force, intimidations or undue influence disappeared or ceased

Free cohabitation after the cause disappeared or ceased

Injured Party

Within Five Years after the marriage ceremony

No ratification since defect is permanent.

QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

Incapability to Consummate/ Sexually transmissible disease

Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

ANNEX B EFFECTS OF VOIDABLE BIGAMOUS MARRIAGE, DECLARATION OF NULLITY, AND ANNULMENT

Status of children Property Relations

Donations Propter Nuptias

Insurance

Succession

VOIDABLE BIGAMOUS MARRIAGE (ART 41) Children of subsequent marriage conceived before its termination – legitimate

DECLARATION OF NULLITY Illegitimate except Art. 36 and Art. 53

ACP/CPG shall be liquidated. Spouse who contracted the marriage in bad faith, his/her share in the net profits of community property shall be forfeited in favor of common children or if there are none, children of the guilty spouse by previous marriage or in default, the innocent spouse Shall remain VALID except a. If donee contracted the marriage in bad faith, donations propter nuptias made to the donee are revoked by operation of law. b. If both spouses acted in bad faith, donations propter nuptias made by one in favor of the other are revoked by operation of law. If one spouse acted in bad faith, innocent spouse may revoke his designation as beneficiary in the insurance policy even if such designation be stipulated irrevocable If one spouse contracted the marriage in bad faith, he shall be disqualified to inherit from the innocent spouse both testate and intestate

Same

ANNULMENT Children conceived or born before annulment decree – legitimate Same

Same

Same

Same

Same

Same

Same

QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

ANNEX C

As to nature As to susceptibility to ratification As to effect on property As to effect on children

As to how marriage may be impugned

DISTINCTION BETWEEN VOID AND VOIDABLE MARRIAGE VOID VOIDABLE Inexistent from the time of performance Valid until annulled Cannot be ratified Can be ratified either by free cohabitation or prescription No community property, only co-ownership (Art 147) Children are illegitimate Exceptions: a. In case of psycho incapacity (Art 36) b. Children born of subsequent marriage (Art 53) a. May be attacked directly or collaterally but for purpose of remarriage, there must be judicial declaration of nullity. b. Can still be impugned even after death of parties c. Action for nullity does not prescribe

QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

Absolute community exists unless another system is agreed upon in marriage settlement Children are legitimate if conceived before decree of annulment

a. Cannot be attacked collaterally, only directly, i.e. there must be a decree of annulment b. Can no longer be impugned after death of one of the parties c. Action prescribes

Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ANNEX D STAGES

Provisional Absence

Declaration of Absence

Presumption of death

WHEN TO FILE

No statutory period

without administrator - 2 years from time of disappearance with administrator - 5 years from time of disappearance

WHO MAY FILE

REMEDY

Spouse

a. receivership (Art. 12, FC) b. judicial separation of property (Art. 12, FC) c. authority to be sole administrator of the conjugal partnership (Art . 12, FC)

a. the spouse b. voluntary heirs c. intestate heirs d. those who may have over the property of the absentee some right subordinated to the condition of the absentee's death

Declaration of Absence and Appointment of Administrator (spouse shall be preferred) but only under the following cases: a. when the absentee has properties which have to be taken cared of or administered by a representative appointed by the Court (Art. 384, NCC) b. when the spouse of the absentee is asking for separation of property (Art. 135, FC) c. when the spouse of the absentee is asking the Court that the administration of all classes in the marriage be transferred to her (Art .142, FC)

ORDINARY ABSENCE • 4 years Æ person presumed dead for purposes of remarriage of the spouse present • 7 years Æ presumed dead for all purposes EXCEPT forQuickTime™ those ofand a TIFF (Uncompressed) decompressor opening are succession needed to see this picture. • 10 years Æ person presumed dead for Spouse purposes of succession EXCEPT if he disappeared after the age of 75, in which case, a period of 5 years EXTRAORDINARY ABSENCE • 4 years Æ for all purposes including those of opening succession • 2 years Æ for purposes of remarriage)

Action to declare a person presumptively dead is proper only when the spouse of the absentee wants to remarry