Civil Code of the Philippines:Natural Persons , Arts. 40,41,42 and 43
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. […]
Family Code of the Philippines:Legal Separation (Bed and Board Separation)
Legal separation in the Philippines is a legal remedy that allows married couples to live separately without dissolving the marriage bond. Governed by Articles 55 to 66 of the Family Code, it is also known as bed and board separation — meaning the spouses are entitled to live apart and separate their property, but the […]
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 […]
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 […]
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 […]
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 […]