8/9/2019 Intro to Law - Persons - Essential Requisites for Marriage

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BOOKS UNDER CIVIL LAW1 - Persons and Family Relations2 - Property3 - Succession4 - Obligations and ContractsKINDS OF SUCCESSION:

TESTATE SUCCESSION written documentsstating te will o! deceased is present" e#isting

Kinds of Wills:Notarial Will prepared by attorneyaccdg$ %o te will o! te deceasedHologra!i" Will written by te deadperson itsel!

INTESTATE SUCCESSION deceased persondied but no will was written

S#r$i$ing arti%s&Spouse '()Cildren '() *distribute e+ually,llegitimate cild"cildren only .

o! te sare o! legitimate cildren

/Secure 0rst te parts o! estate tat te eirs areentitled to$/al! o! te estate"e#cess o! estate *, is calledfree portion$ ! te deceased desires to donate itto carity !oundations$

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BOOK 1 PERSONS AND FAMILY RELATIONS

PERSON is a being, physical or moral, real or juridical,

and legal, which is susceptible to right and obligation, or

being the subject of legal negation.

Two Kinds of Persons:

1. N!"r# Person human beings that have

physical equipment; product of procreation

How personality is determined?

Bir!$.- Unborn persons not persons yet.% Pre&!"re 'ir!$ ( life 7 mos. And below

o aby $s !o s"r)i)e *+ $rs. to be

considered as a person !after

complete delivery"- S",,ession# unborn persons are entitled

to inheritance e)en ! !$e !i&e of

,on,e-!ion.

How personality is extinguished?

De!$.

*. "ridi,# Person involves a person in the

contemplation of the law; product of legal fictionEx.1. State and political subdivisions

2. Corporations, institutions for public interest

created by law3. corporations, associations, companies,

other institutions registered at SEC

How personality is determined?

- $reated by law; legal fiction- %egistration sa &'$ !private firms"

How personality is extinguished?

- (eneral rule) after /0 erssince creation- *+s ,n renew! SE2for another

years

+ersons

have legal rights.

o the

right !o s"e

o the right !o 'e s"ed.

"ridi,# -ersons w$o wi## 'er o'#i3!ions4

re-resen! in !ri#s4 'er ,os!s if ,se wi## no! -ros-er4

'e $e#d #i'#e5 BOARD OF TR6STEES

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MARRIA7E a s-e,i# ,on!r,! of -er&nen! "nion

between a &n nd wo&nentered into in

,,ordn,e wi!$ #wfor the es!'#is$&en! of

,on8"3# nd f&i# #ife.

%special contract:non-renewable, permanent

-man and woman) not allow same se marriage

-purpose: establishment of conjugal and family life

-obligations)/. mutual fide#i!0. mutual s"--or!1. mutual #o)e

% ,o-"#!ion 9'si,

;stated in the Civil Code but was superseded by Family

Code, esp. rt. 1!""

RE

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SC &uling: Sex upon birth can never be

changed. #o amount of sexual reassignment can

ever change your sex.

Ex.". Case o& an intersex person!(born with

two sex organs* (hermaphrodites*(Case of 1enny* grew up and raised as a female.

as overdeveloped clitoris (penis-li3e*.4ater on, absence of menstruation is now

5uestioned. #o female rituals.ad her tested, founded that 1enny was male.no

uterus. nderdeveloped penis.Corrected her #S$ 0C from female to male.

SC &uling: 6es, 1enny71eff can marry.

&ecogni'ed as male. )n the case of intersex

persons, science and tech can help determine

original gender7sexual ma3e up.

0. $onsent freely given in the presence of

solemni5ing officer

*. FORMAL RE of ?amily $ode

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2'@ 2(9& $'2'%A:9B9&

& @e fo##ow !$e #ws w$ere !$e

&rri3e is so#e&nied. 9f marriage is celebrated abroad, it

should also follow laws of the place

where it is solemni5ed

All marriages solemni5ed outside of the

+hilippines in accordance with the laws in theplace where they were solemni5ed, and valid

there as such, shall also be valid in this country,

ecept those prohibited at) Article 1!/" = parties 'e#ow 1G Ho

,

even with parentCs consent Article 1 !D" = 'i3&o"sH-o#3&o"s

marriages, ecept Art D/ !Dyr absence of

a spouse, believed as dead" Article 1 !" =

&is!=en iden!i! Article 1 !>" = subsequent marriages

who

fi#ed !o ,o&-# nn"#&en!

re?"ire&en!s Article 1> =

-s,$o#o3i,##

in,-,i!!ed Article 17 =

in,es!"o"s relationships

!blood relations"& Article 1E - )oid ' -"'#i, -o#i,

Pro &rri3e= not valid in the +hilippines.

- ?amily $ode) should have personalappearance of the parties before the

solemni5ing officer% 9f marriage was solemni5ed abroad, then

proy marriage is valid there, &rri3e wi##

'e re,o3nied in P

Fuestion)

9f spouses 3o! &rriedin a country w$ere di)or,e is

##owed, !case of &ied &rri3e", wi## !$e di)or,eobtained on that place 'e re,o3nied in P5

Answer: YES.

Art. 0> ?$

o marriage between a

?ilipino citi5en and a

foreignero 6ivorce obtained by alien spouse on the

country where they celebrated marriageo Di)or,e s$o"#d 'e FINAL4

EJE26TORY AND de,ree !$! i!

s$o"#d ,-,i!!e Fi#i-ino s-o"se !o

re&rr "nder P$i#i--ine #w.

Ex. /ar%ia vs 0e%io

Facts: Recio, a PH citizen, married an

Australian citizen (Editha Samson in

PH). Eventually, they moved to Australia.

Recio ecame an Australian citizen.

Recio remarried ! "arcia

"arcia #led declaration of nullity of

marria$eo Recio has susistin$ marria$e -

%&"A'o Rebuttal:ivorce *as otained

in an Australian court. Alienspouse otained divorce

o Divorce not provenssue()s &ecio allowed to remarry or not!

SC 0uling( &ecio cannot remarry, on account offailure to prove divorce.

EJ.*. Re- of P )s Or'e,ido

Facts: Orbecidoand spouse married (oth

+ilipinos,in PH)

Eventually, spouse $ot forei$ncitizenship. As an alien, spouse otained a decree

of divorce. ivorce proven.

Spouse *ants to remarryIss"e: Can the spouse remarry!

S2 R"#in3: Spouse can remarry, since at the time of

obtaining divorce, she is not already an &9 citi'en. 0ase

it on nationality at the time of getting divorce. Since

spouse is a citi'en of a place where divorce is legal, she

can remarry. +lso applies to $rbecido.

!Art. 0> of ?$ = 4here a marriage between a?ilipino citi5en and a foreigner is validly celebratedand

a divorce is thereafter validly obtained

abroadby the alien spouse capacitating himher to remarry

;the Fi#i-ino s-o"se s$## #i=ewise $)e !$e,-,i! !o re&rrunder %+ law."

(eneral %ule) 8arris