(227a, 228a). The Family Code of the Philippines (Executive Order no. Art. The actual value of the family home shall not exceed, at the time of its constitution, the amount of the three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural areas, or such amounts as may hereafter be fixed by law. 152. (c) serious illness of the husband, which absolutely prevented sexual intercourse; (3) That in case of children conceived through artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate. (2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the conjugal partnership of gains, or by both spouses or by one of them with the consent of the other; (3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have benefited; (4) All taxes, liens, charges, and expenses, including major or minor repairs upon the conjugal partnership property; (5) All taxes and expenses for mere preservation made during the marriage upon the separate property of either spouse; (6) Expenses to enable either spouse to commence or complete a professional, vocational, or other activity for self-improvement; (8) The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self-improvement; and. Upon the filing of the petition, the court shall notify the other spouse, whose consent to the transaction is required, of said petition, ordering said spouse to show cause why the petition should not be granted, on or before the date set in said notice for the initial conference. (c) One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a relative by consanguinity of the latter. 90. No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable in a crime against the descendant or by one parent against the other. 38. 136. (n). (72a), Art. The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. Divorce is granted abroad 3. Art. (n), Art. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.chan robles virtual law library. In case of doubt as to which partnership the existing properties belong, the same shall be divided between the different partnerships in proportion to the capital and duration of each. All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation. In the absence of such authority or consent, the disposition or encumbrance shall be void. Art. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. Art. (60a). (243a). The court, in the absence of a written agreement between the spouses, shall designate either of them or a third person to administer the absolute community or conjugal partnership property. (164a), In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume sole powers of administration. )77*84)9.-(! Such emancipation shall be irrevocable. This Article shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed. Legal or intestate succession to the estate of the adopted shall be governed by the following rules: Art. 112. In order that any modification in the marriage settlements may be valid, it must be made before the celebration of the marriage, subject to the provisions of Articles 66, 67, 128, 135 and 136. (273a), Art. The court shall so order if it finds that the actual value of the family home exceeds the maximum amount allowed by law as of the time of its constitution. The proceeds shall be applied first to the amount mentioned in Article 157, and then to the liabilities under the judgment and the costs. Art. Upon the termination of the marriage by death, the community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. The Family Code Of The Philippines. From the time of its constitution and so long as any of its beneficiaries actually resides therein, the family home continues to be such and is exempt from execution, forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law. Any of the following shall be considered sufficient cause for judicial separation of property: (1) That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction; (2) That the spouse of the petitioner has been judicially declared an absentee; (3) That loss of parental authority of the spouse of petitioner has been decreed by the court; (4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article 101; (5) That the spouse granted the power of administration in the marriage settlements has abused that power; and (6) That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable. Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. Either spouse may dispose by will of his or her interest in the community property. 56. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a registry book strictly in the order in which the same are received. 148. 50. Art. Art. The Family Code of the Philippines of 1987 was enacted into law by the 11th President of the Philippines Maria Corazon Cojuangco Aquino. (3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified. The Family Code of the Philippines of 1987 was enacted into law by the 11th President of the Philippines Maria Corazon Cojuangco Aquino. Art. 119. Art. The Philippines, with 80% of its population being devoutly Roman Catholic, is only one of two countries in the world that prohibits divorce, with the other being the smallest country in the world—Vatican City. The ethno-linguistic communities of the Philippine archipelago before the Spanish conquest practiced divorce. If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. chapter 1. requisites of marriage. Your name. The children or their guardian or the trustee of their property may ask for the enforcement of the judgment. 182. 117. .5381! (3) Each spouse shall be reimbursed for the use of his or her exclusive funds in the acquisition of property or for the value of his or her exclusive property, the ownership of which has been vested by law in the conjugal partnership. The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits. 47. CGP is only optional but if no one chose this ABSOLUTE COMMUNITY PROPERTY Will come in. (178a). (n), Art. (231a), Art. 162. (n), Art. 2. No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said license. In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed. (215a), Chapter 7. 83. Chapter 1. 101. Art. A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. Donations by reason of marriage of property subject to encumbrances shall be valid. (101a). (2) and 63, No. REQUISITES OF MARRIAGE. He shall record in said book the names of the applicants, the date on which the marriage license was issued, and such other data as may be necessary. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer. 30. 211. 89! (105a). (110a), Art. (275a). The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage settlements. (59a). In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties, in accordance with the provisions of paragraph (2) of Article 121. The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse: (1) When one spouse becomes the guardian of the other; (2) When one spouse is judicially declared an absentee; (3) When one spouse is sentenced to a penalty which carries with it civil interdiction; or (4) When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case. 141. 114. (n). During the pendency of the action for legal separation, the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of the common children. Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. (311a)  chan robles virtual law library, Art. A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling without intention of returning. (153a, 154a, 155, 159), Art. 209, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES, NULLIFYING THE PRESCRIPTIVE PERIOD FOR ACTION OR DEFENSES GROUNDED ON PSYCHOLOGICAL INCAPACITY, The Civil Code of the Philippines - At a Glance, Republic Act No. Articles 234 and 235 shall revive the parental authority over the minor but shall not affect acts and transactions that took place prior to the recording of the final judgment in the Civil Register. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. 31. Upon dissolution of the absolute community regime, the following procedure shall apply: (1) An inventory shall be prepared, listing separately all the properties of the absolute community and the exclusive properties of each spouse. Titles I, II, VI, VII, VII, X, XI, XII. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. 51. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by Article 44 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45. A marriage was solemnized and one or the other party was eighteen (18) years of age or over but below twenty-one (21) and consent was not given by the parents, guardian or person having substitute parental authority. Both spouses shall bear the family expenses in proportion to their income, or, in case of insufficiency or default thereof, to the current market value of their separate properties. The filiation of children may be by nature or by adoption. The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from documentary stamp tax. For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may constitute, or be the beneficiary of, only one family home. The local civil registrar shall prepare a notice which shall contain the full names and residences of the applicants for a marriage license and other data given in the applications. (226a). Art. For purpose of computing the net profits subject to forfeiture in accordance with Articles 43, No. 136. (2) The debts and obligations of the absolute community shall be paid out of its assets. 4. The effects of legitimation shall retroact to the time of the child's birth. 57. (164a), Section 5. Art. However, either spouse may, without the consent of the other, make moderate donations from the conjugal partnership property for charity or on occasions of family rejoicing or family distress. 121. 104. Divorce is granted abroad 3. 85. The court shall take measures to protect the creditors and other persons with pecuniary interest. 141. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. Family code of the Philippines (Executive No. 29. 48. If the adopted is a minor or otherwise incapacitated, the adoption may be judicially rescinded upon petition of any person authorized by the court or proper government instrumental acting on his behalf, on the same grounds prescribed for loss or suspension of parental authority. No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said license. 3 min read; Family Code Of The Philippines Tagalog Version Pdf. 28. Art. For purposes of this Article, the term “child” shall include a child by nature or by adoption. Art. FAMILY CODE OF THE PHILIPPINES ART. (3) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them. 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. 171. Any of the following shall be considered sufficient cause for judicial separation of property: (2) That the spouse of the petitioner has been judicially declared an absentee; (3) That loss of parental authority of the spouse of petitioner has been decreed by the court; (4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article 101; (5) That the spouse granted the power of administration in the marriage settlements has abused that power; and. Whatever may be lost during the marriage in any game of chance or in betting, sweepstakes, or any other kind of gambling whether permitted or prohibited by law, shall be borne by the loser and shall not be charged to the conjugal partnership but any winnings therefrom shall form part of the conjugal partnership property. Art. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. (2) Upon appointment of a general guardian; (3) Upon judicial declaration of abandonment of the child in a case filed for the purpose; (4) Upon final judgment of a competent court divesting the party concerned of parental authority; or, (5) Upon judicial declaration of absence or incapacity of the person exercising parental authority. The same rule and presumption shall apply to joint deposits of money and evidences of credit. The applicants, their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license. Your family members and in-laws who commit theft, swindling, and malicious mischief against you are not criminally liable. 144. (86a). Book I of the Civil Code, which governed marriage and family law, was supplanted by the Family Code in 1987. In any event, if the value of the currency changes after the adoption of this Code, the value most favorable for the constitution of a family home shall be the basis of evaluation. 106. The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. The liabilities of the spouses to creditors for family expenses shall, however, be solidary. If upon the lapse of the six-month period no liquidation is made, any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be void. In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides, except in marriages where no license is required in accordance with Chapter 2 of this Title. (27a, E. O. It shall be the duty of the local civil registrar to prepare the documents required by this Title, and to administer oaths to all interested parties without any charge in both cases. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. 165. (10) Expenses of litigation between the spouses unless the suit is found to be groundless. No filing fee shall be charged for the petition nor a corresponding bond required for the issuances of the order. Art. 151. (121), Art. 168. (144a). The action for annulment of marriage must be filed by the following persons and within the periods indicated herein: (1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one; (2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other’s insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death of either party, or by the insane spouse during a lucid interval or after regainin sanity; (3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud; (4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased; (5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage. If any provision of this Code is held invalid, all the other provisions not affected thereby shall remain valid. The Family Code provides the essential as well as the formal requisites of marriage entered into by the contracting parties in the Philippines. 5. If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation. The separation of property shall not prejudice the rights previously acquired by creditors. The conjugal partnership terminates: Art. 215. 49. 26 All marriages solemnized outside the Philippines in accordance 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 those prohibited under Articles 35{1},{4},{5} and {6},36,37 and 38. I, CORAZON C. AQUINO, President of the Philippines, by virtue. (53a), (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and, (3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (39(4)a, PD 603). Art. The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not notified, unless the debtor-spouse has sufficient separate properties to satisfy the creditor's claim. (n), Art. (n). Only minors may be adopted, except in the cases when the adoption of a person of majority age is allowed in this Title. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. (9a) Article 16. The following marriages shall be void from the beginning for reasons of public policy: (1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) Between step-parents and step-children; (3) Between parents-in-law and children-in-law; (4) Between the adopting parent and the adopted child; (5) Between the surviving spouse of the adopting parent and the adopted child; (6) Between the surviving spouse of the adopted child and the adopter; (7) Between an adopted child and a legitimate child of the adopter; (8) Between adopted children of the same adopter; and, (9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse. 12. (318a). In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in accordance with the provisions of Articles 102 and 129. In case of disagreement, the court shall decide. 38. All creditors of the absolute community or of the conjugal partnership of gains, as well as the personal creditors of the spouse, shall be listed in the petition and notified of the filing thereof. The family home, constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated. (66a). 79. 91 and PD 603). 214. A petition for legal separation may be filed on any of the following grounds: (1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; (2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; (3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; (4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; (5) Drug addiction or habitual alcoholism of the respondent; (6) Lesbianism or homosexuality of the respondent; (7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; (8) Sexual infidelity or perversion; (9) Attempt by the respondent against the life of the petitioner; or (10) Abandonment of petitioner by respondent without justifiable cause for more than one year. The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody. (n), Art. Upon the termination of the marriage by death, the community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit an affidavit stating the circumstances showing such capacity to contract marriage. 64. The provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter. 131. (137a, 168a, 169a), Art. Whenever an amount or credit payable within a period of time belongs to one of the spouses, the sums which may be collected during the marriage in partial payments or by installments on the principal shall be the exclusive property of the spouse. Book I of the Civil Code, which governed marriage and family law, was supplanted by the Family Code in 1987. (74a), Art. Marriages Exempted from License Requirement, Art. An action for legal separation shall be filed within five years from the time of the occurrence of the cause. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. 209 was enacted into law by former President Corazon C. Aquino on July 6, 1987 • It was intended to supplant Book 1 of the Civil Code of the Philippines concerning persons and family relations (The Teaching Profession) 386, otherwise known as the Civil Code of the Philippines, as amended, Presidential Decree No. (n), Art. If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just cause, the court shall appoint a suitable person to be the administrator. (108a). 99. FAMILY CODE OF THE PHILIPPINES.pptx - Free download as Powerpoint Presentation (.ppt / .pptx), PDF File (.pdf), Text File (.txt) or view presentation slides online. 65. (147a), Section 2. (192a), Art. The basic law covering persons and family relations governs marriages, legal separations, property relations between spouses, and parental authority, among others. The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects: (1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate; (2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse; (3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law; (4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; and (5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession. 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