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 […]
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 […]
Civil Code of the Philippines: Art. 7
Art. 7. Laws are repealed only by subsequent ones, and their violation ornon-observance shall not be excused by disuse, or custom or practice to thecontrary. When the courts declared a law to be inconsistent with the Constitution,the former shall be void and the latter shall govern.Administrative or executive acts, orders and regulations shall be validonly […]
Family Code of the Philippines:Additional Requirements for Annulment or Declaration of Nullity
Art. 48. In all cases of annulment or declaration of absolute nullity ofmarriage, the Court shall order the prosecuting attorney or fiscal assigned to itto appear on behalf of the State to take steps to prevent collusion between theparties and to take care that evidence is not fabricated or suppressed.In the cases referred to in […]
Civil Code of the Philippines: Articles 8,9,10,11,12 and 13
Art. 8. Judicial decisions applying or interpreting the laws or theConstitution shall form a part of the legal system of the Philippines. This is a new provision taken from common law. Under the civil law tradition, thecourt merely applies the law. However since the Philippine legal system is acombination of civil law and common law, […]
Family Code of the Philippines: Foreign Marriages and Foreign Divorces
Art. 26, . All marriages solemnized outside the Philippines, inaccordance with the laws in force in the country where they were solemnized,and valid there as such, shall also be valid in this country, except thoseprohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. General Rule: Foreign marriages which are in accordance with […]
Civil Code of the Philippines: Conflicts of Law Provisions, Arts. 14 ,15, 16, 17, and 18
Art. 14. Penal laws and those of public security and safety shall beobligatory upon all who live or sojourn in the Philippine territory, subject to theprinciples of public international law and to treaty stipulations. Two principles:1. TerritorialityGeneral Rule: Criminal laws apply only in Philippine territory.Exception: Article 2, Revised Penal Code.2. GeneralityGeneral Rule: Criminal laws apply […]
Family Code of the Philippines: Effects of a Defective Marriage
provisions in favor of the offending spouse made in the will ofthe innocent spouse shall be revoked by operation of law.Art. 64. After the finality of the decree of legal separation, theinnocent spouse may revoke the donations made by him or by her infavor of the offending spouse, as well as the designation of the […]
Civil Code of the Philippines: Human Relations, Arts. 19 to 36
Art. 19. Every person must, in the exercise of his rights and in theperformance of his duties, act with justice, give everyone his due, and observehonesty and good faith.Art. 20. Every person who, contrary to law, willfully or negligently causesdamage to another, shall indemnify the latter for the same.Art. 21. Any person who willfully causes […]