Article 37. 131. If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. Donations by reason of marriage of property subject to encumbrances shall be valid. It may be total or partial. During the pendency of the action for legal separation, the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of the common children. MARRIAGE . (64a), Art. 241. (174a), Section 6. Art. If upon the lapse of the six months period, no liquidation is made, any disposition or encumbrance involving the community property of the terminated marriage shall be void. 42. In any case, the final deed duly executed by the parties shall be submitted to and approved by the court. (n), Art. 3!z!! 61. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties: (1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means; (2) To give them love and affection, advice and counsel, companionship and understanding; (3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship; (4) To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals; (5) To represent them in all matters affecting their interests; (6) To demand from them respect and obedience; (7) To impose discipline on them as may be required under the circumstances; and, (8) To perform such other duties as are imposed by law upon parents and guardians. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The expiry date shall be stamped in bold characters on the face of every license issued. Incidents Involving Parental Authority, Art. Art. 34. (153a, 154a, 155, 159), Art. 230. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by Article 44 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45. Art. The local civil registrar shall prepare a notice which shall contain the full names and residences of the applicants for a marriage license and other data given in the applications. In either case, the ownership of the entire property shall be vested upon the reimbursement, which shall be made at the time of the liquidation of the conjugal partnership. 142. (165a), Art. TITLE I CIVIL PERSONALITY. EXECUTIVE ORDER NO. Art. 153. Natural filiation may be legitimate or illegitimate. (65a). Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. Whenever the liquidation of the community properties of two or more marriages contracted by the same person before the effectivity of this Code is carried out simultaneously, the respective capital, fruits and income of each community shall be determined upon such proof as may be considered according to the rules of evidence. 5. The rules in Chapter 2 hereof shall also govern summary proceedings under this Chapter insofar as they are applicable. EMANCIPATION AND AGE OF MAJORITY. 3. 28. 132. Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. (412a), Art. However, either spouse may, without the consent of the other, make moderate donations from the community property for charity or on occasions of family rejoicing or family distress. In no case shall the school administrator, teacher of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. (108a). (2164a), Art. 205. 209 July 6, 1987 (223a). (n), TITLE IX All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. 201. 40. 36. No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. (133a), Art. The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits. The petition shall attach the proposed deed, if any, embodying the transaction, and, if none, shall describe in detail the said transaction and state the reason why the required consent thereto cannot be secured. 185. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. The Family Code Of The Philippines; The Family Code Of The Philippines 5 Years Ago admin Laws and acts governing the system. This rule shall apply regardless of whoever owns the property or constituted the family home. The expenses for such management shall be paid in accordance with the provisions of Article 70. Art. Art. (290a). The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. It was enacted in 1950, and remains in force to date with some significant amendments. Art. Support pendente lite may be claimed in accordance with the Rules of Court. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of administration. 212. (67a), Art. 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; (2) When one spouse is judicially declared an absentee; (3) When one spouse is sentenced to a penalty which carries with it civil interdiction; or. 265. (10) Expenses of litigation between the spouses unless the suit is found to be groundless. In case of absence or death of either parent, the parent present shall continue exercising parental authority. Art. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of … Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT NO. Art. It was enacted in 1950. If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the conjugal partnership property either judicially or extra-judicially within six months from the death of the deceased spouse. (n). The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary, and the heirs cannot partition the same unless the court finds compelling reasons therefor. (287a), Art. 151. The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either of both of the parents; but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitime. If the adopted minor has not reached the age of majority at the time of the judicial rescission of the adoption, the court in the same proceeding shall reinstate the parental authority of the parents by nature, unless the latter are disqualified or incapacitated, in which case the court shall appoint a guardian over the person and property of the minor. (n), Art. In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. If testimony is needed, the court shall specify the witnesses to be heard and the subject-matter of their testimonies, directing the parties to present said witnesses. The Civil Code governs private law in the Philippines, including obligations and contracts, succession, torts and damages, property. Art. lawphi1.net, The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. During the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage, the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. Marriages Exempted from License Requirement, Art. The Family Code Of The Philippines July 6, 1987 I, CORAZON C. AQUINO, President of the Philippines, by virtue TITLE I MARRIAGE Chapter 1. If the donations are onerous, the amount of the charges shall be borne by the exclusive property of the donee spouse, whenever they have been advanced by the conjugal partnership of gains. Children below the age of seven years are deemed to have chosen the mother, unless the court has decided otherwise. When the waiver takes place upon a judicial separation of property, or after the marriage has been dissolved or annulled, the same shall appear in a public instrument and shall be recorded as provided in Article 77. 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. 211. 8. (226a). The rules provided in Articles 88 and 89 shall also apply to conjugal partnership of gains. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. (68a), Art. (n), Art. TITLE I In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and date of death of the deceased spouse. 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. The person exercising substitute parental authority shall have the same authority over the person of the child as the parents. (223a), Art. 159. Art. However, if in the same proceeding the court finds the petitioner at fault, irrespective of the merits of the petition, or when the circumstances so warrant, the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper. Such emancipation shall be irrevocable. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in accordance with the provisions of Articles 102 and 129. If any provision of this Code is held invalid, all the other provisions not affected thereby shall remain valid. (214a). The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage settlements. (161a). Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. (100a), Art. A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed. The following marriages shall be void from the beginning for reasons of public policy: (1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) Between step-parents and step-children; (3) Between parents-in-law and children-in-law; (4) Between the adopting parent and the adopted child; (5) Between the surviving spouse of the adopting parent and the adopted child; (6) Between the surviving spouse of the adopted child and the adopter; (7) Between an adopted child and a legitimate child of the adopter; (8) Between adopted children of the same adopter; and, (9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse. A marriage may be annulled for any of the following causes, existing at the time of the marriage: (1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife; (2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife; (3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife; (4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife; (5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or, (6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. CHAPTER 1 General Provisions. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary. Article 176 of Executive Order No. Done in the City of Manila, this 6th day of July, in the year of Our Lord, nineteen hundred and eighty-seven. Art. Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations between the adopters and the adopted arising from the relationship of parent and child. Dissolution of Conjugal Partnership Regime. The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded. 75. The court shall take measures to protect the creditors and other persons with pecuniary interest. 196. 140. 120. The conjugal partnership shall be liable for: (1) The support of the spouse, their common children, and the legitimate children of either spouse; however, the support of illegitimate children shall be governed by the provisions of this Code on Support; (2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the conjugal partnership of gains, or by both spouses or by one of them with the consent of the other; (3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have benefited; (4) All taxes, liens, charges, and expenses, including major or minor repairs upon the conjugal partnership property; (5) All taxes and expenses for mere preservation made during the marriage upon the separate property of either spouse; (6) Expenses to enable either spouse to commence or complete a professional, vocational, or other activity for self-improvement; (8) The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self-improvement; and. Art. (161a, 162a, 163a, 202a-205a), Art. Art. The petition for judicial authority to administer or encumber specific separate property of the abandoning spouse and to use the fruits or proceeds thereof for the support of the family shall also be governed by these rules. (As amended by Executive Order 227), Chapter 2. (n), Art. The right to receive support under this Title as well as any money or property obtained as such support shall not be levied upon on attachment or execution. The courts may appoint a guardian of the child's property or a guardian ad litem when the best interests of the child so requires. The separation in fact between husband and wife shall not affect the regime of conjugal partnership, except that: (3) In the absence of sufficient conjugal partnership property, the separate property of both spouses shall be solidarily liable for the support of the family. 149. 431.8/84).3-! Upon the Persons of the Children. Art. The father and the mother shall jointly exercise parental authority over the persons of their common children. The court's order containing the foregoing shall be recorded in the proper civil registries. (n), Art. Such judicial separation of property may either be voluntary or for sufficient cause. (327a), Art. (259a), Art. 80. 177. 119. (127a). 126. (2) The final decree of legal separation shall be set aside, but the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime. (65a), Art. THE FAMILY CODE OF THE PHILIPPINES 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: The children or their guardian or the trustee of their property may ask for the enforcement of the judgment. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate: (1) Between ascendants and descendants of any degree; and, (2) Between brothers and sisters, whether of the full or half blood. ?0)128)9-! (302a), Art. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. 179. (299a), Art. 244. Liquidation of the Absolute Community Assets and Liabilities. The child shall be entitled to the assistance of counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the child shall be heard. (As amended by Executive Order 227). Art. The annulment of a viodable marriage shall not affect the legitimation. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. 228. The reconciliation referred to in the preceding Articles shall have the following consequences: (1) The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage; and. In case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her previous marriage. Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case. Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the Republic of the Philippines. In case of disagreement, the court shall decide whether or not: (2) Benefit has occurred to the family prior to the objection or thereafter. Art. Art. In case of disagreement, the court shall decide. 188. $ =340 .863!e1 231!d, i!rwx ! If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances. 101. The management of the household shall be the right and the duty of both spouses. (124a), Art. (243a). 154. (3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order. It is the general law that governs family and property relations in the Philippines. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. The birth certificate of the Philippines although the mother shall jointly exercise authority! 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