Family code of the philippines pdf


 

I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and promulgate the Family Code. and promulgate the Family Code of the Philippines, as follows: TITLE I. MARRIAGE. Chapter 1. Requisites of Marriage. Article 1. Marriage is a. I, CORAZON C. AQUINO, President of the Philippines, by virtue. of the powers vested in Family Code of medical-site.info ( KB, K views).

Author:VIVAN ABRAMS
Language:English, Spanish, Japanese
Country:Marshall Islands
Genre:Technology
Pages:154
Published (Last):05.12.2015
ISBN:454-6-17097-648-5
Distribution:Free* [*Register to download]
Uploaded by: LIANA

68572 downloads 144503 Views 27.36MB PDF Size Report


Family Code Of The Philippines Pdf

The Revised Family Code Proclamation. I. CHAPTER ONE. Conclusi on 0f Marriage. ;'. 3. Section I General. 3. Section 2 Essential Conditions of Marriage. 4. This Act shall be known as the "Civil Code of the Philippines. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons. live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. (8a). Article Laws relating to family rights.

The Commission's records were later destroyed by Allied bombing during the Battle of Manila in Capistrano , and future Vice-President Arturo Tolentino. The Code Commission completed the final draft of the new Civil Code by December , and this was submitted to Congress , which enacted it into law through Republic Act No. The Civil Code took effect in Several legal luminaries developed reputations as experts on the Civil Code and consequently enhanced their reputations in the field of Philippine law. Content[ edit ] The influence of the Spanish Civil Code is most evident in the books on property , succession and obligations and contracts. The law on succession, for example, retains such concepts indigenous to Spain such as the rule on legitimes and reserva troncal.

Ar12 Loc. Philippines recognize relative divorce, or legal separation as termed under its Family Code, it has not sanctioned absolute divorce in the country except ebt 01 pdf for. Since, its revival in A. The following is a list of Philippine Codes and how they are cited. Dec 6, The ebook kindle pdf the house by the medlar tree by giovanni verga complete provisions of the Family Code on void and voidable. The bill seeks to introduce divorce in Philippine law with a strong sense of. Philippines Civil, commercial and family law 7.

Errol Smythe. Grace Serrano. Pradipan Ghosh. Jovan Lim. Pau Saul. Biggun BGee. Nielsen Jose Marcelino. Nancy Bauer. David Badash. Michael Variacion. Lorraine Bagol. Anonymous wk5l4HB. Prestige Sapphire. Tippy Dos Santos. Popular in Virtue. Anonymous r9kIAk. Zan Billones.

Dhoorjati Vommi. Albemar Tangonan. Mikhail Rei Tigno.

Matthew Seth Sarelson. Gillian Alexis. Emran Shah. Love Hatred. Daryl Dumayas. Law Library. On-Line Bar Review. Intellectual Property. Chan Robles Virtual Law Library. Requisites of Marriage Article 1. 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.

It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.

No marriage shall be valid, unless these essential requisites are present: The formal requisites of marriage are:. The absence of any of the essential or formal requisites shall render the marriage void ab initio , except as stated in Article 35 2.

The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect.

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. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the marriage was solemnized.

Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate, the copy of the marriage certificate, the original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the solemnization of the marriage in place other than those mentioned in Article 8. Chapter 2.

Marriages Exempted from License Requirement Art. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. Chapter 3. Void and Voidable Marriages Art. The following marriages shall be void from the beginning:. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.

The following marriages shall be void from the beginning for reasons of public policy:. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.

If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law.

Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:. No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed.

A petition for legal separation may be filed on any of the following grounds:. For purposes of this Article, the term "child" shall include a child by nature or by adoption.

An action for legal separation shall be filed within five years from the time of the occurrence of the cause. After the finality of the decree of legal separation, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located.

Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured.

The court's order containing the foregoing shall be recorded in the proper civil registries. The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for legal separation, with copies of both furnished to the creditors named therein.

After due hearing, the court shall, in its order, take measure to protect the interest of creditors and such order shall be recorded in the proper registries of properties. The foregoing provisions shall not prejudice the rights of creditors who acted in good faith. General Provisions Art. The property relationship between husband and wife shall be governed in the following order:. 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.

In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern. Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage, including donations between the prospective spouses made therein, shall be rendered void if the marriage does not take place. However, stipulations that do not depend upon the celebration of the marriages shall be valid.

Donations by Reason of Marriage Art. 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. Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing.

The prohibition shall also apply to persons living together as husband and wife without a valid marriage. System of Absolute Community Section 1. The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. Any stipulation, express or implied, for the commencement of the community regime at any other time shall be void.

Section 2. What Constitutes Community Property Art. Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter.

Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom. Charges and Obligations of the Absolute Community Art. The absolute community of property shall be liable for:. If the community property is insufficient to cover the foregoing liabilities, except those falling under paragraph 9 , the spouses shall be solidarily liable for the unpaid balance with their separate properties.

Whatever may be lost during the marriage in any game of chance, 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 community but any winnings therefrom shall form part of the community property. The administration and enjoyment of the community property shall belong to both spouses jointly.

In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision.

Section 5. Dissolution of Absolute Community Regime. The separation in fact between husband and wife shall not affect the regime of absolute community except that:. If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property or for authority to be the sole administrator of the absolute community, subject to such precautionary conditions as the court may impose.

Section 6. Upon dissolution of the absolute community regime, the following procedure shall apply:. 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. Chapter 4. Conjugal Partnership of Gains Section 1. In case the future spouses agree in the marriage settlements that the regime of conjugal partnership gains shall govern their property relations during marriage, the provisions in this Chapter shall be of supplementary application.

Exclusive Property of Each Spouse Art. The following shall be the exclusive property of each spouse:. The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties. Section 3. Conjugal Partnership Property Art. All property acquired during the marriage, whether the acquisition appears to have been made, contracted or registered in the name of one or both spouses, is presumed to be conjugal unless the contrary is proved.

Property bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal funds belongs to the downloader or downloaders if full ownership was vested before the marriage and to the conjugal partnership if such ownership was vested during the marriage.

In either case, any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation of the partnership.

Section 4. The conjugal partnership shall be liable for:. If the conjugal partnership is insufficient to cover the foregoing liabilities, the spouses shall be solidarily liable for the unpaid balance with their separate properties. Administration of the Conjugal Partnership Property Art.

The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. Dissolution of Conjugal Partnership Regime Art. The conjugal partnership terminates:. The separation in fact between husband and wife shall not affect the regime of conjugal partnership, except that:. If a spouse without just cause abandons the other or fails to comply with his or her obligation to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property, or for authority to be the sole administrator of the conjugal partnership property, subject to such precautionary conditions as the court may impose.

Section 7. Upon the dissolution of the conjugal partnership regime, the following procedure shall apply:. Upon the termination of the marriage by death, the conjugal partnership property shall be liquidated in the same proceeding for the settlement of the estate of the deceased.

Chapter 5. In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage shall not take place except by judicial order. Such judicial separation of property may either be voluntary or for sufficient cause.

Republic Act No. 9858

In the cases provided for in Numbers 1 , 2 and 3 , the presentation of the final judgment against the guilty or absent spouse shall be enough basis for the grant of the decree of judicial separation of property.

The revival of the former property regime shall be governed by Article 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.

Regime of Separation of Property Art. Should the future spouses agree in the marriage settlements that their property relations during marriage shall be governed by the regime of separation of property, the provisions of this Chapter shall be suppletory.

Chapter 7. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.

The Family as an Institution Art. The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect.

No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed. The Family Home Art. 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.

The family home shall be exempt from execution, forced sale or attachment except:. The family home must be part of the properties of the absolute community or the conjugal partnership, or of the exclusive properties of either spouse with the latter's consent. It may also be constituted by an unmarried head of a family on his or her own property.

Legitimate Children Art. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate. The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress.

The legitimacy or illegitimacy of a child born after three hundred days following the termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy.

Proof of Filiation Art.

Civil Code of the Philippines

The filiation of legitimate children is established by any of the following:. In the absence of the foregoing evidence, the legitimate filiation shall be.

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. In these cases, the heirs shall have a period of five years within which to institute the action. Illegitimate Children Art. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.

Legitimated Children Art. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated.

A person of age and in possession of full civil capacity and legal rights may adopt, provided he is in a position to support and care for his children, legitimate or illegitimate, in keeping with the means of the family. Aliens not included in the foregoing exceptions may adopt Filipino children in accordance with the rules on inter-country adoptions as may be provided by law.

In case husband and wife jointly adopt or one spouse adopts the legitimate child of the other, joint parental authority shall be exercised by the spouses in accordance with this Code. The written consent of the following to the adoption shall be necessary:. Adoption shall have the following effects:.

Legal or intestate succession to the estate of the adopted shall be governed by the following rules:. 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.

If the adopted is at least eighteen years of age, he may petition for judicial rescission of the adoption on the same grounds prescribed for disinheriting an ascendant. If the adopted minor has not reached the age of majority at the time of the judicial rescission of the adoption, the court in the same proceeding shall reinstate the parental authority of the parents by nature, unless the latter are disqualified or incapacitated, in which case the court shall appoint a guardian over the person and property of the minor.

If the adopted person is physically or mentally handicapped, the court shall appoint in the same proceeding a guardian over his person or property or both. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise bound to support each other to the full extent set forth in Article , except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant's fault or negligence.

When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being.

Substitute and Special Parental Authority Art. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated:.

Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties:.

Family Code of the Philippines PDF | Marriage | Codification (Law)

Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated common child without the necessity of a court appointment. Suspension or Termination of Parental Authority Art.

Parental authority terminates permanently:. Unless subsequently revived by a final judgment, parental authority also terminates:.

Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority.

Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of twenty-one years. The provisions governing emancipation by recorded agreement shall also apply to an orphan minor and the person exercising parental authority but the agreement must be approved by the court before it is recorded.

Prefatory Provisions Art. Until modified by the Supreme Court, the procedural rules provided for in this Title shall apply as regards separation in fact between husband and wife, abandonment by one of the other, and incidents involving parental authority. Separation in Fact Art. When a husband and wife are separated in fact, or one has abandoned the other and one of them seeks judicial authorization for a transaction where the consent of the other spouse is required by law but such consent is withheld or cannot be obtained, a verified petition may be filed in court alleging the foregoing facts.

Incidents Involving Parental Authority Art. Petitions filed under Articles , and of this Code involving parental authority shall be verified. The foregoing rules in Chapters 2 and 3 hereof shall likewise govern summary proceedings filed under Articles 41, 51, 69, 73, 96, and , insofar as they are applicable.

Law Library: News Publications Laws Presidential Issuances. Preliminary Title Articles Book One Articles Book Two Articles Book Three Articles Book Four Articles The formal requisites of marriage are: Marriage may be solemnized by: Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following: The marriage certificate, in which the parties shall declare that they take each other as husband and wife, shall also state: The following marriages shall be void from the beginning: As amended by Executive Order Art.

Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate: The following marriages shall be void from the beginning for reasons of public policy: The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects: A marriage may be annulled for any of the following causes, existing at the time of the marriage: Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article: The action for annulment of marriage must be filed by the following persons and within the periods indicated herein: A petition for legal separation may be filed on any of the following grounds: The petition for legal separation shall be denied on any of the following grounds: The decree of legal separation shall have the following effects: The reconciliation referred to in the preceding Articles shall have the following consequences: The agreement to revive the former property regime referred to in the preceding Article shall be executed under oath and shall specify: In case of disagreement, the court shall decide whether or not: The property relationship between husband and wife shall be governed in the following order: This rule shall not apply: A donation by reason of marriage may be revoked by the donor in the following cases: The following shall be excluded from the community property: However, jewelry shall form part of the community property; 3 Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property.

The absolute community of property shall be liable for: Dissolution of Absolute Community Regime Art. The absolute community terminates: The separation in fact between husband and wife shall not affect the regime of absolute community except that: Upon dissolution of the absolute community regime, the following procedure shall apply: The following shall be the exclusive property of each spouse: