8/9/2019 Parf Acronyms
1/3
Monday, September 2, 2013
Persons and Family Relations Lecture Notes IImportant Notes to
Remember
Who are covered by the mandatory publication requirementas
provided in Article 2 of the Civil Code !PLACCC"#
P$ Presidential DecreesL$ Laws referrin% to all statutes
A$Administrativerules and re%ulationsC$ Charter of a cityC$
Circulars by the Monetary BoardC$ Circulars &hich prescribes a
penaty!$ Executive orders
Who are N'( covered by the mandatory publicationrequirement as
provided in Article 2 of the Civil Code !IL)#
I$ InterpretativestatutesL$ Lawsreferrin% to all statutesM "
Municipal ordinances
What are the *inds of la&s &hich allo&
retroactiveapplication !PP+( NIC"# !Art, -#
P " Proceduralor remedial la&sP " Penalla&s favourable
to the accused# " Unless it is other&iseprovided$ " Tax
la&s &hich e.pressly declared or is clearly thele%islative
intentN " New rights!La&s creatin% ne& ri%hts#I "
Interpretative statutesC " Curative or remedial statutes! "
Emergenc la&s
".ception to the e.ception/ !"I#
! " Ex post !actola&sI " La&s that impair obli%ations of
contracts
What are the la&s that allo& e.ecution a%ainst the
provisionsof mandatory or prohibitory la&s !Art, 0# PA1"
P " La& that ma*es the act valid but p%nis&esthe
violatorA " A%t&ori'esits validity( " La& that ma*es the
act )oidabe! " Reco%nies the validity of the act but reco%niesits
e*ects as e+ay eistin+
What are the requisites of a valid &aiver !Art, 3# !C+"4
CF#
C " Full capacity to ma*e a &aiver# " )ust be unequivocal! "
)ust e.ist at the time bein% &aivedC " )ust not be contrary to
public la&5 public policy5 %oodcustoms5 pre6udicial to a third
person- " When formalities are required5 the same must becomplied
&ith,
What are the e.ceptions to &aive a ri%ht !C4P"N#
C " Waiver is contrary to la&P " Waiver is pre6udicial to a
third person &ithout a ri%htreco%nied by la&,! " Alle%ed
ri%hts &hich really do not e.ist yetN " If a ri%ht is a natural
ri%ht
What are the requisites to ma*e a custom an obli%atory
rule!PP('#
P " Plurarity or repetition of actsP " Practiced by the %reat
mass of the social %roup$ " Continued practice for a lon% time. "
'bli%atory upon all5 customs accept it as a proper &ay
What la&s are considered as e.ceptions to the
territorialityrule of a la& !(PP#
$ "(reaty stipulationsP " La&s on preferential applicationP
" Principles of public international la&
What are the elements of abuse of ri%ht !L7P#
L " ".istence of a le%al ri%ht and dutyB " ".ercised in bad
faithP "(he intent is to pre6udice or in6ure another,
What are acts contra bonus mores or acts a%ainst %oodmorals
!LCI#
L "(here is a le%al actC " Which is contrary to morals5 %ood
customs5 public orderI " 8one &ith an intent to in6ure
What are the requisites for un6ust enrichment !"9LA#
! " 8efendant has been enriched/ " "nrichment is &ithout
6ust causeL " Plainti: has su:ered a lossA " ;e has no other action
based on contract5 quasi4 contract
or crime on quasi4 delict
What are di:erent independent civil actions %ranted by
la&!C8 city mayors
/ "9udiciary membersC " Commanders of military unitC " Consul4
%enerals5 vice consulsC" ?hip captains or airplaine chief
)arria%es e.empt from license requirement !)'LAR#
M " )uslims or members of ethnic cultural communities. "
?olemnied outside the PhilippinesL " ;usband and &ife &ho
lived to%ether for 0 yearsA " In articulo mortisR " Remote
places
What are authoried venues for marria%e !CCC#
C " Chambers of 6ud%e or open courtC " Church5 chapel or
templeC" Consul4 %eneral o@ce
What are the requisites for psycholo%ical incapacity
/ "9uridical antecedenceI " Incurability " rave and serious
8/9/2019 Parf Acronyms
2/3
What are the essential elements of psycholo%ical
incapacity!)AFFCCI#
M " )ental conditionA " Applies to a person contracted to
another- " Failure to perform> comply &ith essential
obli%ations ofmarria%e- " Failure to perform is chronicC " Cause is
psycholo%icalC " Cause is seriousI " Incapacity results in failure
of marria%e
What are the 6urisprudential %uidelines for
psycholo%icalincapacitated !PR'7"PI#P " Permanent or incurableR "
Root cause must be clinically indentiBed and alle%ed. " 'bli%ations
referred to in Article 3 D EB " 7urden of proof! " ".istin%P "
Permanent or incurableI " Interpretations of National Appellate "
rave enou%h
What are e.amples of incestuous marria%e !C4GAAAP???#
C " Collateral blood relatives " Gilled the latter spouseA "
Adoptin% parent and adopted child !AP D AC#A " Adopted child and
le%itimated child of the adopter !AC DLC#A " Adopted children of
the same adopter !AC D AC#P " Parents4 in4 la& and children4
in4 la&S " ?urvivin% spouse of the adoptin% parent and the
adoptedchild
Who can no& marry each other !L?CA#
L " 7rothers4in4 la&5 sisters4in4la&S " ?tepbrother and
stepsister
" uardian and &ardC " Parties convicted of adulteryA "
Adopted and the ille%itimate child
"ssential requisites of marria%e !LC#
L " Le%al capacity of contractin% parties ! yrs old andabove and
not under any le%al impediment#C " Consent freely %iven in presence
of solemniin% o@cer
What are the formal requisites of marria%e !AL)#
A " Authority of the solemniin% o@cerL " 1alid marria%e licenseM
" marria%e ceremony &here the contractin% partiesappear,
What are the requisites for 6udicial declaration of nullity
ofmarria%e &hen it comes to missin% spouse !9A7#
/ "9udicial declaration of presumptive deathA " Absence of
spouse for - years5 2 years if there is dan%erof deathB " Well4
founded belief that the missin% spouse is dead
Certain restrictions on the capacity to act !8o not e.empt
theincapacitated person from certain obli%ations# Art, H, )I84
PC
M " )inorityI " Insanity or imbecility " 8eaf4 muteP "
Prodi%ality
C " Civil interdiction
)odiBcations and limitations on capacity to act
!FIII(PPAAA8#
- " Family relationsI " InsanityI " ImbecilityI " Insolvency$
"(rusteeshipP " PenaltyP " Prodi%alityA " A%eA " Aliena%eA "
Absence " 8eaf4 mute
What are the %rounds for annulment FFIIN?
- " Force- " FraudI " Incapability to consummateI " InsanityN "
Non4 consent of the contractin% parties
S " ?e.ually transmissible diseaseWhat are the %rounds for le%al
separation ?A)7ALIPA8
S " ?e.ual indifelityA " Attempt of the respondent to induce
petitioner5 acommon child5 or a child of the petitioner to en%a%e
inprostitution5 or connivance in such corruption or inducement,M "
)oral pressure to compel other to chan%e reli%ious orpolitical
beliefB " ?ubsequent bi%amous marria%eA " Attempt of the respondent
a%ainst the life of petitionerL " Lesbianism or homose.ualityI "
Imprisonment of more than 3 yearsP " Repeated physical violenceA "
Abandonment of the petitioner
" 8ru% addiction
What are the %rounds for denial of petition for le%alseparation
CCCC)P8R
C " Condonation of o:enseC " Consent to commit a crimeC "
Connivance of both partiesC " CollusionM " )utual %uiltP "
Prescription !&ithin 0 years only# " 8eath of either partyR "
Reconciliation
What are the e:ects of Blin% petition for le%al separation
L8?
L "(hey must live separately " 8esi%nate husband5 &ife or
Hrdperson to administerabsolute community or con6u%al partnership
propertyS " No ri%ht to se.ual intercourse
What are the ri%hts and obli%ations bet&een husband
and&ife 9L4F'R)
/$ 9oint responsibilityL " Live to%ether- " Fi. the family
domicile. " 'bserve mutual loveR " Render mutual helpM "9oint
mana%ement of household
