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: WHEN LAWS TAKE EFFECT Art. 2.
WHEN LAWS TAKE EFFECT Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. (1a) Tañada v. Tuvera (1986): (a) The clause “unless it is otherwise provided” refers to the date […]
Civil Code of the Philippines: IGNORANCE OF THE LAW Art. 3.
IGNORANCE OF THE LAW Art. 3. Ignorance of the law excuses no one from compliance therewith. (2) (a) Conclusive Presumption – That everyone knows the law, even if they have no actual knowledge of the law (b) Mistake of Fact & Difficult Questions of Law – These may excuse a party from the legal consequences […]
Civil Code of the Philippines: RETROACTIVITY OF LAWS Art. 4.
RETROACTIVITY OF LAWS Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. (3) General Rule: All statutes are to be construed as having only prospective operation Exceptions (1) When the law itself expressly provides Exceptions to Exception: (a) Ex post facto law (b) Impairment of contract (2) In case of remedial […]
Murder in the Philippines: Basic Criminal Law Guide
Philippine Legal Guide Murder cases require a disciplined review of the records, the alleged qualifying circumstances, and the actual evidence gathered by investigators. This guide explains the general practical issues families commonly review first. Legal ConsultationContact the Office What Families Usually Need to Understand First A serious criminal case is not just about the accusation […]
Parricide in the Philippines: Basic Criminal Law Guide
Philippine Legal Guide Parricide is a serious criminal-law topic that requires careful factual and documentary review. This guide explains the general issues people usually examine first when a case or accusation involves parricide. Legal ConsultationContact the Office Why the Relationship and Facts Matter The legal analysis depends on the exact relationship alleged, the surrounding events, […]