After dissolution of the conjugal partnership, the provisions of Articles 214 and 215 shall apply. “Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due and observe honesty and good faith.” Art. In no case shall corporal punishment be countenanced. (30a). Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the wife as paraphernal property, and to the husband as capital, in the proportion specified by the donor or testator, and in the absence of designation, share and share alike, without prejudice to what is provided in Article 753. Art. When there is a separation in fact between husband and wife, without judicial approval, the provisions of Article 178 shall apply. 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. (33). The local civil registrar shall issue the proper license if each of the contracting parties swears separately before him or before any public official authorized to administer oaths, to an application in writing setting forth that such party has the necessary qualifications for contracting marriage. The family home may be established judicially or extrajudicially. 412. Express acceptance is not necessary for the validity of these donations. Art. yr=d.getFullYear(); Legitimate children shall have the right: (1) To bear the surnames of the father and of the mother; (2) To receive support from them, from their ascendants and in a proper case, from their brothers and sisters, in conformity with Article 291; (3) To the legitime and other successional rights which this Code recognizes in their favor. Art. I. ―Full civil capacity‖ is not really 100% but close toit. The family home extrajudicially formed shall be exempt from execution, forced sale or attachment, except: (2) For debts incurred before the declaration was recorded in the Registry of Property; (3) For debts secured by mortgages on the premises before or after such record of the declaration; (4) For debts due to laborers, mechanics, architects, builders, material-men and others who have rendered service or furnished material for the prosecution of the building. (158a), Art. Art. 234. The public official in charge of registration of priests and ministers shall cancel the authorization issued to a bishop, head, priest, rabbi, pastor or minister of the gospel of any denomination, church, sect, or religion, on his own initiative or at the request of any interested party, upon showing that the church, sect or religion whose ministers have been authorized to solemnize marriage is no longer in operation. 3. (Report of the Code Commission, p. 39). The courts may, in cases specified by law, deprive parents of their authority. Download with Google Download with Facebook. Art. 194. 314. 410. (2) She or the former husband is married again to another person. (120a). (1408a). As long as one has contractual capacity (a.k.a. Natural Persons - human beings created by God through the intervention of parents. Art. In case of identity of names and surnames, the younger person shall be obliged to use such additional name or surname as will avoid confusion. 105. (137), Art. Article 681 of the Civil Code of the Philippines states that fruits naturally falling upon adjacent land belong to the owner of said land. There is no presumption of legitimacy or illegitimacy of a child born after three hundred days following the dissolution of the marriage or the separation of the spouses. 315. (152a). 362. Art. This Code shall take effect one year after such publication. The husband may dispose of the conjugal partnership property for the purposes specified in Articles 161 and 162. Emancipation is final or irrevocable. A married woman of age may mortgage, encumber, alienate or otherwise dispose of her paraphernal property, without the permission of the husband, and appear alone in court to litigate with regard to the same. Art. Art. Download with Google Download with Facebook. 203. The Civil Code of the Philippines AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. 217. The following shall be presumed dead for all purposes, including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane; (2) A person in the armed forces who has taken part in war, and has been missing for four years; (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. No. Debts contracted by either spouse without the consent of the other shall be chargeable against the community to the extent that the family may have been benefited thereby. 383. The separation of property ceases: (1) Upon reconciliation of the spouses, in case of legal separation; (2) When the civil interdiction terminates; (4) When the court, at the instance of the wife, authorizes the husband to resume the administration of the conjugal partnership, the court being satisfied that the husband will not again abuse his powers as an administrator; (5) When the husband, who has abandoned the wife, rejoins her. the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. 77. Article 1. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. 136. The claim for support, when proper and two or more persons are obliged to give it, shall be made in the following order: (2) From the descendants of the nearest degree; (3) From the ascendants, also of the nearest degree; Art. (1) Between stepfathers and stepdaughters, and stepmothers and stepsons; (2) Between the adopting father or mother and the adopted, between the latter and the surviving spouse of the former, and between the former and the surviving spouse of the latter; (3) Between the legitimate children of the adopter and the adopted. Art. 96. They shall not prejudice third persons unless they are recorded in the Registry of Property. This notice shall request all persons having knowledge of any impediment to the marriage to advise the local registrar thereof. (1437), Art. Investigation of the paternity or maternity of children mentioned in the two preceding articles is permitted under the circumstances specified in Articles 283 and 284. If the petitioner is married, the family home may be selected from the conjugal partnership or community property, or from the separate property of the husband, or, with the consent of the wife, from her paraphernal property. 231. Art. 281. No marriage license or formal requisites shall be necessary. Any physical or juridical being susceptible o frights and obligations, or of being thesubject of legal relations. 308. Art. (36 and 37a), Art. Minority, insanity or imbecility, the state of being a deaf-mute,prodigality and civil interdiction are mere restrictions on capacity to act, and donot exempt the incapacitated person from certain obligations, as when thelatter arise from his acts or from property relations, such as easements. Dece Guy. Art. The husband is responsible for the support of the wife and the rest of the family. Capacity to act is notlimited on account of religious belief or political opinion. But the court may appoint one or two friends of the family. Article 39, last has been amended by R.A. No. Thus, every intendment of law or facts leans toward the validity of marriage, the indissolubility of the marriage bonds, the legitimacy of children, the community of property during marriage, the authority of parents over their children, and the validity of defense for any member of the family in case of unlawful aggression. 322. Art. school, law. Upon the dissolution and liquidation of the community, the net assets shall be divided equally between the husband and the wife or their heirs. Post category: Civil Code Of the Philippines; Post comments: 1 Comment Art. 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. Damages may be awarded in the following cases when the marriage is judicially annulled or declared void from the beginning: (1) If there has been fraud, force or intimidation in obtaining the consent of one of the contracting parties; (2) If either party was, at the time of the marriage, physically incapable of entering into the married state, and the other party was unaware thereof; (3) If the person solemnizing the marriage was not legally authorized to perform marriages, and that fact was known to one of the contracting parties, but he or she concealed it from the other; (4) If a bigamous or polygamous marriage was celebrated, and the impediment was concealed from the plaintiff by the party disqualified; (5) If in an incestuous marriage, or a marriage between a stepbrother and a stepsister or other marriage prohibited by article 82, the relationship was known to only one of the contracting parties but was not disclosed to the other; (6) If one party was insane and the other was aware thereof at the time of the marriage. document.write("1998 - "+yr); All other matters pertaining to the registration of civil status shall be governed by special laws. 3. 367. (156a), Art. The husband and the wife may agree upon the dissolution of the conjugal partnership during the marriage, subject to judicial approval. 254. No mother shall be separated from her child under seven years of age, unless the court finds compelling reasons for such measure. Marriages between Mohammedans or pagans who live in the non-Christian provinces may be performed in accordance with their customs, rites or practices. 91. With regard to the formation of the inventory, rules for appraisal and sale of property of the conjugal partnership, and other matters which are not expressly determined in the present Chapter, the Rules of Court on the administration of estates of deceased persons shall be observed. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. (1) In any of the cases referred to in the preceding article, as between the child and the mother; (2) When the birth and the identity of the child are clearly proved. The family home shall not be subject to payment of the debts of the deceased, unless in his will the contrary is stated. 385. Art. 166. (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. 369. 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. 169. (i.e., a lawyer cannot buy property in litigation – Article 1491(5)). The father and in a proper case the mother, shall lose authority over their children: (1) When by final judgment in a criminal case the penalty of deprivation of said authority is imposed upon him or her; (2) When by a final judgment in legal separation proceedings such loss of authority is declared. For the purposes of this article, the wife's adultery need not be proved in a criminal case. This Act shall be known as the "Civil Code of the Philippines." 174. 38. (134). (128a), Art. (n), Art. Reconciliation stops the proceedings for legal separation and rescinds the decree of legal separation already rendered. (18a), Art. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. Indemnities that must be paid by either spouse on account of a crime or of a quasi-delict shall be paid from the common assets, without any obligation to make reimbursement. (n), Art. The husband shall fix the residence of the family. (4a, Act 2710), Art. Article 37. In case either of the contracting parties is a widowed or divorced person, the same shall be required to furnish, instead of the baptismal or birth certificate required in the last preceding article, the death certificate of the deceased spouse or the decree of the divorce court, as the case may be. 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 court will give the necessary approval with respect to the contracts mentioned in Article 399. (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. (28a). 496. The payment of debts contracted by the husband or the wife before the marriage shall not be charged to the conjugal partnership. Said official may also by regulations fix and collect fees for the authorization of priests and ministers to solemnize marriages. 325. 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. The Philippine Civil Code is strongly influenced by the Spanish Código Civil, which was first enforced in 1889 within the Philippines when it was still a colony of the Spanish Empire. (1331a), Art. - OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS. 377. (124), Art. The loss or deterioration of the movables belonging to either spouse, although through fortuitous event, shall be paid from the conjugal partnership of gains, should there be any. 186. 332. Download Full PDF Package. (197), Art. The personal obligations of the husband can not be enforced against the fruits of the paraphernal property, unless it be proved that they redounded to the benefit of the family. The person obliged to give support may, at his option, fulfill his obligation either by paying the allowance fixed, or by receiving and maintaining in his house the person who has a right to receive support. Grandparents shall be consulted by all members of the family on all important family questions. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. (1442a). Art. (168a), Art. Any person, even if of age, may be adopted, provided the adopter is sixteen years older. 351. 38. When a creditor whose claim is not mentioned in Article 243 obtains a judgment in his favor, and he has reasonable grounds to believe that the family home of the judgment debtor is worth more than the amount mentioned in Article 231, he may apply to the Court of First Instance for an order directing the sale of the property under execution. (8a). In an action for legal separation or annulment of marriage, attorney's fees and expenses for litigation shall be charged to the conjugal partnership property, unless the action fails. 258. 272. This article is the governing rule on marriages of a Filipino and a foreigner. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. (1321a), Art. 247. CIVIL PERSONALITY. A donation by reason of marriage is not revocable, save in the following cases: (1) If it is conditional and the condition is not complied with; (3) When the marriage takes place without the consent of the parents or guardian, as required by law; (4) When the marriage is annulled, and the donee acted in bad faith; (5) Upon legal separation, the donee being the guilty spouse; (6) When the donee has committed an act of ingratitude as specified by the provisions of this Code on donations in general. Art. Infants are close to 0% but still have capacityto act. Art. MARRIAGE. If the birth of the child has been concealed, the term shall be counted from the discovery of the fraud. (1425a), Art. (n), Art. Read Title V: Trusts from the story Book IV: Civil Code of the Philippines by thebeststar with 3,209 reads. ARTICLE 35. Articles 1370 to 1379 of the Civil Code cover the rules on interpretation of contracts under Civil Law. Mutual aid, both moral and material, shall be rendered among members of the same family. 47. (401a) Art. 394. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by … In case of non-appearance of the defendant, the court shall order the prosecuting attorney to inquire whether or not a collusion between the parties exists. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. Title I - Civil Personality. (1430), Art. This Act shall be known as the Civil Code of the Philippines. 64. Art. (n), Art. Article 37. (1427a), Art. 228. Preliminary Title. 147. The father and the mother shall satisfy the support for the detained child; but they shall not have any intervention in the regime of the institution where the child is detained. 294. 100. Those who may have entered upon the inheritance shall appropriate the fruits received in good faith so long as the absentee does not appear, or while his representatives or successors in interest do not bring the proper actions. Article 2. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father. (19a), Art. Art. Art. 13 Replies. Art. Civil Code of the Philippines Report article no. 293. Download PDF. Such application shall insofar as possible contain the following data: (4) Civil status (single, widow or widower, or divorced); (5) If divorced, how and when the previous marriage was dissolved; (7) Degree of relationship of the contracting parties; (12) Full name and residence of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty years, if a male, or eighteen years if a female. (113a). 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. Such action requires only a preponderance of evidence. (n), Art. Chapter 1. However, without prejudice to the provisions of Article 292, the husband and the wife shall be reciprocally liable for their support during the separation, and for the support and education of their children; all in proportion to their respective property. CIVIL CODE OF THE PHILIPPINES BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS Title I. PROVISIONS ON LEASES FROM THE NEW CIVIL CODE OF THE PHILIPPINES. Art. 55. 61a48365-61f2-4f9d-8189-27e413ae863d.jpeg . Chapter Two of the Civil Code of the Philippines Friday, September 23, 2011. While Philippine legal codes are, strictly speaking, also Republic Acts, they may be differentiated in that the former represents a more comprehensive effort in embodying all aspects of a general area of law into just one legislative act. This paper. Males above twenty but under twenty-five years of age, or females above eighteen but under twenty-three years of age, shall be obliged to ask their parents or guardian for advice upon the intended marriage. (179a), Art. 7 to 10, the husband must be joined as a party defendant if the third paragraph of Article 163 is applicable. Nov 16, 2019. The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. On the other hand, itarises in artificial persons when such artificial persons are created.2. or. 4. — CLASSIFICATION … CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE Chapter 1 EFFECT AND APPLICATION OF LAWS Article 1. 386 AN ACT TO ORDAIN AND INSTITUTE The license shall be issued after the completion of the publication, unless the local civil registrar receives information upon any alleged impediment to the marriage. 150. Art. 59. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. Art. 50. 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. Art. (160), Art. 292. Download Full PDF Package. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost. Under Article 783 of Republic Act No. In all these cases, it is sufficient to present the final judgment which has been entered against the guilty or absent spouse. (1407). The Civil Code of the Philippines. In case of conflict, the court shall decide the question, after consulting the family council, if there is any. Art. 382. (151), Art. On application by or for a partner the court shall decree a dissolution whenever: (1) A partner has been declared insane in any judicial proceeding or … However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. The provisions of the preceding article are understood to be without prejudice to the action of petition for inheritance or other rights which are vested in the absentee, his representatives or successors in interest. 329. 2 component elements of capacity:1. (108a), Art. Family Code of the Philippines:Additional Requirements for Annulment or Declaration of Nullity February 13, 2017 Civil Code of the Philippines: Art. The usufruct which the spouses have over the property of their children, though of another marriage, shall be included in this provision. 164. 1. When the recognition of a minor does not take place in a record of birth or in a will, judicial approval shall be necessary. 368. 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. Latter in ownership and in usufruct and administrative officials shall foster this mutual assistance shall cause the dismissal of Philippines. Last two provisions emancipated according to Article 2180 of the Philippines. minor shall be exempt from community... 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