The Civil Code of the Philippines. The existing laws which punish acts or omissions concerning the marriage license, solemnization of marriage, authority to solemnize marriages, and other acts or omissions relative to the celebration of marriage shall remain and continue to be in force. An orphan who is minor may, at the instance of any relative or other person, obtain emancipation by concession upon an order of the Court of First Instance. Mutual aid, both moral and material, shall be rendered among members of the same family. (7) By the civil interdiction of any partner; (8) By decree of court under the following article. (150). 273. 137. An adopted child shall bear the surname of the adopter. 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. 145. The said provision states: “Article 370. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost. In this case, the public instrument shall be recorded in the Registry of Property. (1700a and 1701a) Art. 23. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father. A child born within one hundred eighty days following the celebration of the marriage is prima facie presumed to be legitimate. 71. 412. 405. Usurpation of a name and surname may be the subject of an action for damages and other relief. school, law. This article shall not apply to property acquired by the conjugal partnership before the effective date of this Code. The following shall be void and of no effect: (1) Any contract for personal separation between husband and wife; (2) Every extra-judicial agreement, during marriage, for the dissolution of the conjugal partnership of gains or of the absolute community of property between husband and wife; (3) Every collusion to obtain a decree of legal separation, or of annulment of marriage; (4) Any simulated alienation of property with intent to deprive the compulsory heirs of their legitime. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. (1394a), Art. 310. 243. If the child is to be kept in a children's home or similar institution for not more than one month, an order of the justice of the peace or municipal judge shall be necessary, after due hearing, where the child shall be heard. 3 - The CIVIL CODE of the Philippines - ARTICLE 35 Kunin ang link; Facebook; Twitter; Pinterest; Email; Iba Pang App; Setyembre 04, 2017 The CIVIL CODE. The hearing on the petition, appraisal of the value of the family home, the sale under execution and other matters relative to the proceedings shall be governed by such provisions in the Rules of Court as the Supreme Court shall promulgate on the subject, provided they are not inconsistent with this Code. The following shall be beneficiaries of the family home: (3) His or her parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or otherwise, who are living in the family home and who depend upon him for support. (1329a), Art. (128a), Art. 251. The declaration setting up the family home shall be under oath and shall contain: (1) A statement that the claimant is the owner of, and is actually residing in the premises; (4) The names of the claimant's spouse and the other beneficiaries mentioned in Article 226. In case of annulment of the marriage, the spouse who acted in bad faith or gave cause for annulment shall forfeit his or her share of the conjugal partnership profits. 67. Art. The debts, charges and obligations of the conjugal partnership having been paid; the capital of the husband shall be liquidated and paid to the amount of the property inventoried. (1) By contract executed before the marriage; Art. Emancipation is final or irrevocable. Title III - Marriage. 192. The courts may deprive the parents of their authority or suspend the exercise of the same if they should treat their children with excessive harshness or should give them corrupting orders, counsels, or examples, or should make them beg or abandon them. The net remainder of the conjugal partnership of gains shall be divided equally between the husband and the wife or their respective heirs, unless a different basis of division was agreed upon in the marriage settlements. The common characteristics of contracts are: 1. (1437), Art. Art. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. 270. (n). Reported by: JOY G DE LOYOLA. (31a). Parental authority cannot be renounced or transferred, except in cases of guardianship or adoption approved by the courts, or emancipation by concession. Art. (n), Art. 332. (n), Art. (2) His opposition is founded on serious and valid grounds. (33a). (1410), Art. This paper. 113. (n), The same obligation shall devolve upon a widow who believes herself to have been left pregnant by the deceased husband, or upon the wife who believes herself to be pregnant by her husband from whom she has been legally separated. (1) That which is brought to the marriage as his or her own; (2) That which each acquires, during the marriage, by lucrative title; (3) That which is acquired by right of redemption or by exchange with other property belonging to only one of the spouses; (4) That which is purchased with exclusive money of the wife or of the husband. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. (n), (1) For adultery on the part of the wife and for concubinage on the part of the husband as defined in the Penal Code; or, (2) An attempt by one spouse against the life of the other. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. The court may counsel the offender to comply with his or her duties, and take such measures as may be proper. Art. The adopter may donate property, by an act inter vivos or by will, to the adopted person, who shall acquire ownership thereof. The Civil Code of the Philippines AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. 318. Art. 2. (1427a), Art. However, he may provide in his will that the family home shall be subject to payment of debts not specified in Article 243. Under the New Civil Code, particularly Article 370 thereof, a woman is given options as regards what name she may use in case she marries. (n), Art. 368. For example, they have the right to accept donations or to succeed. A child who is of age cannot be recognized without his consent. Art. Read Title IX. But the President of the Philippines, upon recommendation of the Secretary of the Interior, may at any time before the expiration of said period, by proclamation, make any of said provisions applicable to the Mohammedan and non-Christian inhabitants of any of the non-Christian provinces. Civil Code of the Philippines(3) SECTION 7. With the exception of moderate donations for charity, neither husband nor wife can donate any property of the conjugal partnership without the consent of the other. (114), Art. Labels: civil code of the philippines article 37. The wife may, during the marriage, and within ten years from the transaction questioned, ask the courts for the annulment of any contract of the husband entered into without her consent, when such consent is required, or any act or contract of the husband which tends to defraud her or impair her interest in the conjugal partnership property. The fruits and interest of the child's property referred to in article 321 shall be applied first to the expenses for the support and education of the child. Art. The following circumstances, among others, modify or limitcapacity to act: age, insanity, imbecility, the state of being a deaf-mute,penalty, prodigality, family relations, alienage, absence, insolvency andtrusteeship. Art. No particular form for the ceremony of marriage is required, but the parties with legal capacity to contract marriage must declare, in the presence of the person solemnizing the marriage and of two witnesses of legal age, that they take each other as husband and wife. 91. (7a, Act 2710). 199. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn declaration. (1395). Civil Code of the Philippines Annotated: Arts. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Art. 309. 319. (n), Art. In case of unjustifiable refusal by the other spouse, the courts may grant the necessary consent. 233. Any person who, with malice, or in bad faith, reports or files a completely unwarranted or false information relative to money laundering transaction against any person shall be subject to a penalty to six (6) months to four (4) years imprisonment and a fine of not less than One hundred thousand Philippine pesos (Php100,000.00) but not more than Five hundred thousand Philippine pesos … During the pendency of legal separation proceedings the court shall make provision for the care of the minor children in accordance with the circumstances and may order the conjugal partnership property or the income therefrom to be set aside for their support; and in default thereof said minor children shall be cared for in conformity with the provisions of this Code; but the Court shall abstain from making any order in this respect in case the parents have by mutual agreement, made provision for the care of said minor children and these are, in the judgment of the court, well cared for. The Civil Code is divided into four “books”, with each specific book namely: (23). 261. (1423a), Art. In case of legal separation or annulment of marriage, the provisions of Articles 176 and 177 shall apply to the net profits acquired during the marriage. Art. This Code shall take effect one year after such publication. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the needs of the recipient and the resources of the person obliged to furnish the same. Art. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. (1) Upon the death of the parents or of the child; (4) Upon the appointment of a general guardian. The following are obliged to support each other to the whole extent set forth in the preceding article: (2) Legitimate ascendants and descendants; (3) Parents and acknowledged natural children and the legitimate or illegitimate descendants of the latter; (4) Parents and natural children by legal fiction and the legitimate and illegitimate descendants of the latter; (5) Parents and illegitimate children who are not natural. Persons vs. ThingsA person is the subject of legal relationsA things is the object of legal relationsArt. As for the movables, the husband shall give adequate security. - OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. The provisions of this Code concerning the effect of partition stated in Articles 498 to 501 shall be applicable. Capacity to act is notlimited on account of religious belief or political opinion. 210. The decree of legal separation shall have the following effects: (1) The spouses shall be entitled to live separately from each other, but marriage bonds shall not be severed; (2) The conjugal partnership of gains or the absolute conjugal community of property shall be dissolved and liquidated, but the offending spouse shall have no right to any share of the profits earned by the partnership or community, without prejudice to the provisions of Article 176; (3) The custody of the minor children shall be awarded to the innocent spouse, unless otherwise directed by the court in the interest of said minors, for whom said court may appoint a guardian; (4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. 268. 278. 90. (2) When there is a decree of legal separation; (4) In case of judicial separation of property under Article 191. The family home may be established judicially or extrajudicially. (173a). (172). Collusion between the parties to obtain legal separation shall cause the dismissal of the petition. The principle of abuse of rights is found under Articles 19, 20 and 21 of the Civil Code of the Philippines, which states that: Art. The mourning apparel of the widow shall be paid for out of the estate of the deceased husband. 39. (29a). Article 1. Attorney's fees and expenses incurred in the litigation shall be charged to the conjugal partnership property, unless the action fails. 132. Article 37. Art. (1332a). 129. 301. — CLASSIFICATION … This declaration shall be set forth in an instrument in triplicate, signed by signature or mark by the contracting parties and said two witnesses and attested by the person solemnizing the marriage. Family relations shall include those: (3) Among other ascendants and their descendants; Art. 380. (n), Art. Whatever the child may acquire with the capital or property of the parents belongs to the latter in ownership and in usufruct. 172. (1) Between ascendants and descendants of any degree; (2) Between brothers and sisters, whether of the full or half blood; (3) Between collateral relatives by blood within the fourth civil degree. Subscribe. Juridical capacity, which is the fitness to be the subject of legalrelations, is inherent in every natural person and is lost only through death.Capacity to act, which is the power to do acts with legal effect, is acquired andmay be lost. xxxx. After they have been fully met, the debts of the conjugal partnership which have redounded to the benefit of the family may be paid from said fruits and interest. The husband or the wife may ask for the separation of property, and it shall be decreed when the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction, or has been declared absent, or when legal separation has been granted. Those suffered by real property shall not be reimbursable in any case, except those on paraphernal property administered by the husband, when the losses were due to his fault. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other. The courts may, in cases specified by law, deprive parents of their authority. (10a. 228. 362. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. (n), PHILIPPINE SUPREME COURT DECISIONS ON-LINE, Copyright Â© 264. CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE Chapter 1 EFFECT AND APPLICATION OF LAWS. The funeral shall be in accordance with the expressed wishes of the deceased. (n), Art. 239. 385. They may lift the detention when they deem it opportune, with the approval of the court. For the validity of marriage settlements executed by any person upon whom a sentence of civil interdiction has been pronounced, the presence and participation of the guardian shall be indispensable, who for this purpose shall be designated by a competent court, in accordance with the provisions of the Rules of Court. In these cases, the courts may also deprive the parents in whole or in part, of the usufruct over the child's property, or adopt such measures as they may deem advisable in the interest of the child. CIVIL CODE OF THE PHILIPPINES BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS Title I. (n), Art. Article 3. Create a free account to download. Art. The husband is the administrator of the conjugal property, unless there is a stipulation in the marriage settlements conferring the administration upon the wife. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost. Art. 96. A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. The property or income donated, bequeathed or devised to the unemancipated child for the expenses of his education and instruction shall pertain to him in ownership and usufruct; but the father or mother shall administer the same, if in the donation or testamentary provision the contrary has not been stated. 386, or otherwise known as the Civil Code of the Philippines (“Civil Code”), a will has been defined as an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death. Improvements, whether for utility or adornment, made on the separate property of the spouses through advancements from the partnership or through the industry of either the husband or the wife, belong to the conjugal partnership. When the mother of an illegitimate child marries a man other than its father, the court may appoint a guardian for the child. Law2. Republic Act No. (n), Art. 245. (1415a), Art. 496. A short summary of this paper. 2 component elements of capacity:1. The duties of the local civil registrar and of a judge or justice of the peace or mayor with regard to the celebration of marriage shall be performed by such consuls and vice-consuls. In case of abuse of powers of administration of the conjugal partnership property by the husband, or in case of abandonment by the husband, separation of property may also be ordered by the court, according to the provisions of Articles 167 and 178, No. For the purposes of this article, the wife's adultery need not be proved in a criminal case. 141. The court may grant the petition if it is satisfactorily shown that the best interest of the family requires the dissolution of the family home. 232. He shall pay for the same. Art. 131. 6809. (n). I , CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and promulgate the Family Code of the Philippines, as follows: TITLE I. 6 February 13, 2017 Civil Code of the Philippines:Person, Arts. (112), If he or his heirs are absent, the period shall be eighteen months if they should reside in the Philippines; and two years if abroad. 363. (322a). — CLASSIFICATION OF PROPERTY. During the proceedings for legal separation, or for annulment of marriage, the spouses and children, shall be supported from the conjugal partnership property. A short summary of this paper. 105. Chapter 1 - General Provisions. Neither the right to receive legal support nor any money or property obtained as such support or any pension or gratuity from the government is subject to attachment or execution. (1433a). Art. 1831. Art. (1700a and 1701a) Art. 34. Partition shall be governed by the Rules of Court insofar as they are consistent with this Code. Upon being advised of any alleged impediment to the marriage, the local civil registrar shall forthwith make an investigation, examining persons under oath. 365. Effect and Application of Laws. (1393). 288. Without prejudice to the provision of the preceding article, upon the opening of a succession to which an absentee is called, his share shall accrue to his co-heirs, unless he has heirs, assigns, or a representative. (n). (n), Art. 348. (i.e., a lawyer cannot buy property in litigation – Article 1491(5)). Children conceived of voidable marriages before the decree of annulment shall be considered as legitimate; and children conceived thereafter shall have the same status, rights and obligations as acknowledged natural children, and are also called natural children by legal fiction. Notwithstanding the provisions of the preceding article, a daughter above twenty-one but below twenty-three years of age cannot leave the parental home without the consent of the father or mother in whose company she lives, except to become a wife, or when she exercises a profession or calling, or when the father or mother has contracted a subsequent marriage. However, support in arrears may be compensated and renounced, and the right to demand the same may be transmitted by onerous or gratuitous title. MAIN INDEX: Preliminary Title Articles 1-36: Book One Articles 37-413: Book Two Articles 414-711: Book Three Articles 712-1155: Book Four Articles 1156-2270: Read the full text of the Civil Code of the Philippines contained in one web page. Trusteeship – one is placed in guardianship. Art. If some credit payable in a certain number of years, or a life pension, should pertain to one of the spouses, the provisions of Articles 156 and 157 shall be observed to determine what constitutes the paraphernal property and what forms the capital of the husband. 3 Full PDFs related to this paper. (1403a). 298. Express acceptance is not necessary for the validity of these donations. 354. Civil Code of the Philippines Report article no. 396. (130), Art. She may purchase things necessary for the support of the family, and the conjugal partnership shall be bound thereby. Art. 39. "Child" or "minor" or "youth" as used in this Code, shall refer to such persons. July 6, 1987. Art. 191. (13a). In the absence of the titles indicated in the preceding article, the filiation shall be proved by the continuous possession of status of a legitimate child. 325. Such a child is conclusively presumed to be legitimate in any of these cases: (1) If the husband, before the marriage, knew of the pregnancy of the wife; (2) If he consented, being present, to the putting of his surname on the record of birth of the child; (3) If he expressly or tacitly recognized the child as his own. (58a), Art. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. An action for legal separation cannot be filed except within one year from and after the date on which the plaintiff became cognizant of the cause and within five years from and after the date when such cause occurred. Effects of this partnership during the marriage to advise the local civil registrar demand... 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