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Suggested questions for Person and Family Relations

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Question no. 1: Enumerate the effects of the decree of legal separation. Answer: The decree of legal separation shall have the following effects: The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed; The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2); The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of the Family Code; and The offending spouse shall be disqualified from inheriting from the spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. Question no. 2: Janie Reyes was born on September...
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Articles 407-413 of the Civil Code of the Philippines

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Title XV- CIVIL REGISTER Art. 407.   Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. (325a) Art. 408. The following shall be entered in the civil register: (1) Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments of marriage; (6) judgments declaring marriages void from the beginning; (7) legitimations; (8) adoptions; (9) acknowledgments of natural children; (10) naturalization; (11) loss, or (12) recovery of citizenship; (13) civil interdiction; (14) judicial determination of filiation; (15) voluntary emancipation of a minor; and (16) changes of name. (326a) Art. 409. In cases of legal separation, adoption, naturalization and other judicial orders mentioned in the preceding article, it shall be the duty of the clerk of the court which issued the decree to ascertain whether the same has been registered, and if this has not been done, to send a copy of said decree ...
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Articles 211, 212, & 213 of the Family Code of the Philippines

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ARTICLE 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary. Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority. (17a, P.D. No. 603) The general rule is that in matters of the physical, moral and educational development of the child, the parental authority is joint. However, the law recognizes preferential authority of the father in instances like: Art. 225 of the Family Code In case of conflict regarding the guardianship over a minor’s properties, the decision of the father shall prevail, except if there is a judicial order to the contrary. Art. 14 of the Family Code When the child gets married, but parental consent is needed, the father is preferred to that of the mother. ...
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Article 172 of the Family Code of the Philippines

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Proof of Filiation Art. 172. The filiation of legitimate children is established by any of the following: (1) The record of birth appearing in the civil register or a final judgment; or (2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. In the absence of the foregoing evidence, the legitimate filiation shall be proved by: (1) The open and continuous possession of the status of a legitimate child; or (2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a) The Supreme Court in a case made the observation that: “Parentage, lineage and legitimacy cannot be made to depend upon parental authority or bodily marks of similarity. There is scarcely a family among any of the nationalities where there are a number of children, when one or more of them, due to heredity perhaps, do not resemble either of the immediate parents. Lineage cannot depend whol...
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Article 124 of the Family Code of the Philippines

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Article 124. The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court b...
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Articles 63 and 64 of the Family Code of the Philippines

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Article 63.  The decree of legal separation shall have the following effects: The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed; The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2); The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; and The offending spouse shall be disqualified from inheriting from the spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. (106a) In this article, the law enumerates the effect of legal separation. Living separately The right to live separa...
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CASE DIGEST: Art. 36 of the Family Code of the Philippines (Psychological Incapacity)

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G.R. No. 166357               January 14, 2015 VALERIO E. KALAW,  Petitioner, vs. MA. ELENA FERNANDEZ,  Respondent. PONENTE:  Bersamin, J. FACTS : Petitioner Kalaw presented the testimonies of two supposed expert witnesses who concluded that respondent is psychologically incapacitated.  The experts presented by Kalaw heavily relied on petitioner’s allegations of respondent’s constant mahjong sessions, visits to the  beauty parlor , going out with friends, adultery, and neglect of their children. Petitioner’s experts reasoned that respondent’s alleged habits, when performed constantly to the detriment of quality and quantity of time devoted to her duties as mother and wife, constitute a psychological incapacity in the form of Narcissistic Personality Disorder (NPD). However, the Supreme Court in its decision dated September 19, 2011, dismissed the complaint for declaration of nullity of th...
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