• Civil Code Of the Philippines

    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 Articles 235 and 237 of the same Code are hereby repealed.Sec. 3.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…

  • Civil Code Of the Philippines

    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…

  • Civil Code Of the Philippines

    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…

  • Civil Code Of the Philippines

    Civil Code of the Philippines:Civil Registry

     The Civil Registry is the repository of relevant facts of a person (birth, adoption,nationalization, marriage, death, etc.)Art. 407. Acts, events and judicial decrees concerning the civil status ofpersons shall be recorded in the civil register. Anything which affects the civil status of persons shall be recorded in the CivilRegister. (Read also Article 7, of PD 603)Art. 408. The following shall be entered in the civil register: (1)Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments ofmarriage; (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…

  • Civil Code Of the Philippines

    Civil Code of the Philippines: Art. 5.

     Art. 5. Acts executed against the provisions of mandatory or prohibitorylaws shall be void, except when the law itself authorizes their validity.A mandatory law is one which prescribes some element as a requirement (i.e., willsmust be written – Article 804; form of donations – Article 749)A prohibitory law is one which forbids something (i.e., joint wills – Article 818)General Rule: Acts which are contrary to mandatory or prohibited laws are void.Exceptions:1. When the law itself authorized its validity (i.e., lotto, sweepstakes)2. When the law makes the act only voidable and not void (i.e., if consent is vitiated,the contract is voidable and not void)3. When the law makes the act valid…

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    Civil Code of the Philippines:Effect of Defective Marriages on the Status of Children

     A. If the marriage is voidable (Article 54)Art. 54. Children conceived or born before the judgment ofannulment or absolute nullity of the marriage under Article 36 hasbecome final and executory shall be considered legitimate. Childrenconceived or born of the subsequent marriage under Article 53 shalllikewise be legitimate. Legitimate – if conceived before final judgment Illegitimate – if conceived after final judgmentB. If the marriage is void General Rule: Children are illegitimate (Article 165)Art. 165. Children conceived and born outside a valid marriageare illegitimate, unless otherwise provided in this Code. Exceptions: Legitimate if the marriage falls under:1. Article 36 – Psychological incapacityArt. 36. A marriage contracted by any party who, at…

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    Civil Code of the Philippines: Art. 6

     Art. 6. Rights may be waived, unless the waiver is contrary to law, publicorder, public policy, morals, or good customs, or prejudicial to a third personwith a right recognized by law. What one can waive are rights and not obligations. Example, a creditor can waive theloan but the debtor may not. There is no form required for a waiver since a waiver is optional. You can waive bymere inaction, refusing to collect a debt for example is a form of waiver. Requisites of a valid waiver (Herrera vs. Boromeo)1. Existence of a right2. Knowledge of the existence of the right3. An intention to relinquish the right (implied in this is…

  • Civil Code Of the Philippines

    Family Code of the Philippines:Marriage Certificate (Articles 22 and 23)

     Art. 22. The marriage certificate, in which the parties shall declare thatthey take each other as husband and wife, shall also state:(1) The full name, sex and age of each contracting party;(2) Their citizenship, religion and habitual residence;(3) The date and precise time of the celebration of the marriage;(4) That the proper marriage license has been issued according to law,except in marriage provided for in Chapter 2 of this Title;(5) That either or both of the contracting parties have secured the parentalconsent in appropriate cases;(6) That either or both of the contracting parties have complied with thelegal requirement regarding parental advice in appropriate cases; and(7) That the parties have entered…