1. Concept Art. 164. Children conceived or born during the marriage of the parents are legitimate. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them…
1. Concept 1) Impugn – means “to assail by words or arguments”. (Merriam-Webster Online Dictionary) 2) Legitimacy – means “the quality or state of being legitimate”. (Merriam-Webster Online Dictionary) 3) Impugning legitimacy – refers to the act of assailing or questioning the status of children as to whether they are marital or nonmarital children. a….
1. Concept Art. 164. Children conceived or born during the marriage of the parents are legitimate. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them…
1. Concept Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated. (223a) The family home is the dwelling place of a person and his family,…
1. Concept Art. 149. The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect. (216a, 218a) Art. 50. Family relations include those: (1)…
1. Suppletory Application Art. 143. Should the future spouses agree in the marriage settlements that their property relations during marriage shall be governed by the regime of separation of property, the provisions of this Chapter shall be suppletory. (212a) A. Prenuptial Agreement 1) Should future spouses decide on a separation of properties as their property…
1. Grounds a. Spouse becomes a guardian of the other Art. 142. The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse: (1) When one spouse becomes the guardian of the other; x x x 1) This provision means that if one spouse is…
1. Grounds a. Civil interdiction termination Art. 141. The spouses may, in the same proceedings where separation of property was decreed, file a motion in court for a decree reviving the property regime that existed between them before the separation of property in any of the following instances: (1) When the civil interdiction terminates; x…
1. Procedure a. Verified Petition Art. 136. The spouses may jointly file a verified petition with the court for the voluntary dissolution of the absolute community or the conjugal partnership of gains, and for the separation of their common properties. x x x 1) Under Article 136 of the Family Code of the Philippines, both…
1. Grounds Grounds for judicial separation of properties: 1) Spouse sentenced to a penalty with civil interdiction; 2) Spouse judicially declared absent; 3) Spouse loses parental authority as decreed by a court; 4) Spouse abandoned or failed to comply with obligations to the family; 5) Spouse abused power of administration granted in marriage settlement; and…