Art. 40. Birth determines personality; but the conceived child shall beconsidered born for all purposes that are favorable to it, provided it be bornlater with the conditions specified in the following article.Art. 41. For civil purposes, the foetus is considered born if it is alive atthe time it is completely delivered from the mother’s womb. However, if thefoetus 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 maternalwomb. Principles:1. For personality to be acquired one must be born2. Once birth occurs, personality for favorable purposes retroacts to the moment ofconception To be born…
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Family Code of the Philippines:Legal Separation (Bed and Board Separation)
Art. 55. A petition for legal separation may be filed on any of thefollowing grounds:(1) Repeated physical violence or grossly abusive conduct directed againstthe petitioner, a common child, or a child of the petitioner; The key words are ―repeated‖ and ―grossly‖.(2) Physical violence or moral pressure to compel the petitioner to changereligious or political affiliation; There must be undue pressure since some pressure is expected in every marriage. Itmust go beyond what is permissible (case to case basis).(3) Attempt of respondent to corrupt or induce the petitioner, a commonchild, or a child of the petitioner, to engage in prostitution, orconnivance in such corruption or inducement;(4) Final judgment sentencing the respondent…
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Civil Code of the Philippines: Juridical Persons, Arts. 44, 45 ,46, and 47
Art. 44. The following are juridical persons:(1) The State and its political subdivisions;(2) Other corporations, institutions and entities for public interest orpurpose, created by law; their personality begins as soon as they havebeen constituted according to law;(3) Corporations, partnerships and associations for private interest orpurpose to which the law grants a juridical personality, separate anddistinct from that of each shareholder, partner or member.This enumerates the juridical persons. A juridical person is an organic unit resulting from a group of persons or mass orproperty to which the state grants or recognizes personality and capacity to holdpatrimonial rights independent of those of component members The juridical personality of political subdivisions and public…
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Family Code of the Philippines:Rights and Obligations between Husband and Wife
Art. 68. The husband and wife are obliged to live together, observemutual love, respect and fidelity, and render mutual help and support. This is really a declaration of policy The 3 duties of the spouses to each other are:1. Live together2. Observe mutual love, respect, and fidelity3. Render mutual help and support Article 68 is Article 36’s reference when it refers to the spouse’s inability to complywith the essential marital obligations. Although the courts cannot compel the spouses to comply with their maritalobligations, under Articles 100 and 127, the spouse who leaves the conjugal home orrefuses to live there without jus t cause shall not have the right to be…
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Civil Code of the Philippines: Citizenship and Domicile
Art. 48. The following are citizens of the Philippines:(1) Those who were citizens of the Philippines at the time of the adoption ofthe Constitution of the Philippines;(2) Those born in the Philippines of foreign parents who, before theadoption of said Constitution, had been elected to public office in thePhilippines;(3) Those whose fathers are citizens of the Philippines;(4) Those whose mothers are citizens of the Philippines and, upon reachingthe age of majority, elect Philippine citizenship;(5) Those who are naturalized in accordance with law. This has been superseded by the Constitution.ARTICLE IV, PHILIPPINE CONSTITUTIONSection 1. The following are citizens of the Philippines:(1) Those who are citizens of the Philippines at the time…
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Civil Code of the Philippines: Surnames
Surnames are important for identification. Surnames identify the family to which aperson belongs (transmitted from parent to child). A name is a word or a combination by which a person is known or identified (Republicvs. Fernandez) Characteristics of Surnames1. Absolute – intended to protect from confusion2. Obligatory3. Fixed – can’t change at one’s leisure4. Outside the commerce of man – can’t sell or donate5. Imprescriptible – even if one does not use, still your name Rules1. As far as the state is concerned, your real name is the one in the Civil Registry(not the baptismal certificate since parish records are no longer official)2. Change of name can only be done…
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Civil Code of the Philippines:Emancipation and Age of Majority (RA 6809)
REPUBLIC ACT NO. 6809AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN YEARS,AMENDING FOR THE PURPOSE EXECUTIVE ORDER NUMBERED TWO HUNDRED NINE, ANDFOR OTHER PURPOSESSec. 1. Article 234 of Executive Order No. 209, the Family Code of the Philippines, ishereby amended to read as follows:“Art. 234. Emancipation takes place by the attainment of majority. Unlessotherwise provided, majority commences at the age of eighteen years.”Sec. 2. Articles 235 and 237 of the same Code are hereby repealed.Sec. 3. Article 236 of the same Code is also hereby amended to read as follows:“Art. 236. Emancipation shall terminate parental authority over the person andproperty of the child who shall then be…
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Civil Code of the Philippines: Absense
Absence is that special legal status of one who is not in his domicile, his whereaboutsbeing unknown and it being uncertain whether he is dead or alive.Example: When Lacson went to the US, Lacson was not absent since his whereaboutswere known. Stages of Absence (According to Seriousness)1. Temporary or Provisional (Articles 381 – 383)Art. 381. When a person disappears from his domicile, hiswhereabouts being unknown, and without leaving an agent to administerhis property, the judge, at the instance of an interested party, a relative,or a friend, may appoint a person to represent him in all that may benecessary.This same rule shall be observed when under similar circumstancesthe power conferred by…
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Civil Code of the Philippines :Presumptive Death
a. Ordinary Presumptive Death (Article 390)Art. 390. After an absence of seven years, it being unknownwhether or not the absentee still lives, he shall be presumed dead forall purposes, except for those of succession.The absentee shall not be presumed dead for the purpose ofopening his succession till after an absence of ten years. If hedisappeared after the age of seventy-five years, an absence of fiveyears shall be sufficient in order that his succession may be opened.1. If absentee is 75 or below 7 years – for all purposes except succession 10 years – for succession2. If absentee is over 75 years old 5 years for all purposesb. Qualified Presumptive Death…
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Civil Code of the Philippines:Funerals
Art. 305. The duty and the right to make arrangements for the funeral ofa relative shall be in accordance with the order established for support, underarticle 294. In case of descendants of the same degree, or of brothers andsisters, the oldest shall be preferred. In case of ascendants, the paternal shallhave a better right.The order given in Article 305 as to who has the right to make funeral arrangementsfollows the order for support under Article 199* of the Family Code.Art. 306. Every funeral shall be in keeping with the social position of thedeceased.Art. 307. The funeral shall be in accordance with the expressed wishes ofthe deceased. In the absence of…