annex - persons and family relations.printable.pdf

8/10/2019 Annex - Persons and Family Relations.printable.pdf

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Civil Law Summer Reviewer

ATENEOCENTRALBAROPERATIONS2007

re.

ANNEX A

EFFECTS OF TERMINATION OF MARRIAGE

Grounds for annulment Who can file Prescriptive period

a. Party under age a. Within 5 years afterattaining 21

Lack of parental consent

b. Parent or guardian b. Before child reaches 21

Free cohabitati

2 views:

Sempio-Diy:

Before death of other party

Dean Del Castil lo:

Sane spouse

Within 5 years from the time theright or action accrues

Free cohabitati

Guardian of insanespouse

Anytime before the death ofeither party

Insanity of one party

Insane spouse During the lucid interval or afterregaining sanity also beforedeath of other party

Fraud Injured Party Within 5 years after discoveryof Fraud

Free cohabitatfacts constitutin

Vitiated consent Injured Party Within 5 years from time force,

intimidations or undue influencedisappeared or ceased

Free cohabitat

or ceased

Incapability to Consummate/Sexually transmissible disease

Injured Party Within Five Years after themarriage ceremony

No ratification s


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ANNEX B

EFFECTS OF VOIDABLE BIGAMOUS MARRIAGE, DECLARATION OF NULLITY, AND AN

VOIDABLE B IGAMOUS MARRIAGE(ART 41) DECLARATION OF NULLITY

Status ofchildren

Children of subsequent marriage conceived before its termination legitimate

Illegitimate exceptArt.36 and Art. 53

PropertyRelations

ACP/CPG shall be liquidated. Spouse who contracted the marriage inbad faith, his/her share in the net profits of community property shall beforfeited in favor of common children or if there are none, children of theguilty spouse by previous marriage or in default, the innocent spouse

Same

DonationsPropter

Nuptias

Shall remain VALID excepta. If donee contracted the marriage in bad faith, donations propter

nuptiasmade 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.

Same

Insurance If one spouse acted in bad faith, innocent spouse may revoke hisdesignation as beneficiary in the insurance policy even if suchdesignation be stipulated irrevocable

Same

Succession If one spouse contracted the marriage in bad faith, he shall bedisqualified to inherit from the innocent spouse both testate andintestate

Same


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ANNEX C

DISTINCTION BETWEEN VOID AND VOIDABLE MARRIAGE

VOIDAs to nature Inexistent from the time of performance Valid until annulled

As to susceptibility toratification

Cannot be ratified Can be ratified either by fre

As to effect on property No community property, only co-ownership (Art147)

Absolute community existsagreed upon in marriage se

As to effect on children Children are illegitimateExceptions:

a. In case of psycho incapacity (Art 36)b. Children born of subsequent marriage (Art 53)

Children are legitimate if coannulment

As to how marriage maybe impugned

a. May be attacked directly or collaterally but forpurpose of remarriage, there must be judicialdeclaration of nullity.

b. Can still be impugned even after death of partiesc. Action for nullity does not prescribe

a. Cannot be attacked collamust be a decree of ann

b. Can no longer be impugn

partiesc. Action prescribes


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ANNEX D

STAGESWHO

MAY FILEWHEN TO FILE REMEDY

Spouse

a. receivership (Art. 12, FC)ProvisionalAbsence

No statutory periodb. judicial separation of property (Art. 12, FC)c. authority to be sole administrator of the

conjugal partnership (Art . 12, FC)

Declarationof Absence

without administrator- 2 years from time of

disappearance

with administrator

- 5 years from time ofdisappearance

a. the spouseb. voluntary heirsc. intestate heirsd. those who may

have over theproperty of theabsentee somerightsubordinated tothe condition ofthe absentee'sdeath

Declaration of Absence and Appointment ofAdministrator (spouse shall be preferred) butonly under the following cases:a. when the absentee has properties which

have to be taken cared of or administeredby 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 allclasses in the marriage be transferred to her(Art .142, FC)

ORDINARY ABSENCE

4 yearspersonpresumed dead forpurposes of remarriageof the spouse present

7 yearspresumeddead for all purposesEXCEPT for those ofopening succession

10 yearspersonpresumed dead forpurposes of succession

EXCEPT if he disappearedafter the age of 75, in whichcase, a period of 5 years

Presumptionof death

Spouse

EXTRAORDINARYABSENCE

4 yearsfor allpurposes including thoseof opening succession

2 yearsfor purposesof remarriage)

Action to declare a person presumptively dead isproper only when the spouse of the absenteewants to remarry

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