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 […]
Family Code of the Philippines:Rules on the Forfeiture of the Share of the Guilty Spose
1. Re-appearance of spouse (Article 43(2))Art. 43. The termination of the subsequent marriage referred to inthe preceding Article shall produce the following effects:(2) The absolute community of property or the conjugal partnership,as the case may be, shall be dissolved and liquidated, but if eitherspouse contracted said marriage in bad faith, his or her share ofthe […]
Civil Code of the Philippines:Person, Arts. 37, 38, and 39
Any physical or juridical being susceptible o frights and obligations, or of being thesubject of legal relations Persons vs. ThingsA person is the subject of legal relationsA things is the object of legal relationsArt. 37. Juridical capacity, which is the fitness to be the subject of legalrelations, is inherent in every natural person and is […]
Family Code of the Philippines: Instances when there is Delivery of Presumptive Legitimes
1. Re-appearance of former spouse (Articles 102 (5), 43(2))Art. 102. Upon dissolution of the absolute community regime, thefollowing procedure shall apply:(5) The presumptive legitimes of the common children shall bedelivered upon partition, in accordance with Article 51.Art. 43. The termination of the subsequent marriage referred to inthe preceding Article shall produce the following effects:(2) The […]
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 […]