Family Code of the Philippines:Requisites of a Valid Marriage
Art. 1, FC. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]