(n), Art. 25. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight, but also during stopovers at ports of call. (53a, 55a). Art. THE FAMILY CODE OF THE PHILIPPINES 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 of the Philippines, as follows: For purposes of this Article, urban areas are deemed to include chartered cities and municipalities whose annual income at least equals that legally required for chartered cities. (65a), Art. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article. (72a), Art. Art. Art. Title I, Chapter 3, Article 39 of Executive Order No. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary. Full text of the Civil Code of the Philippines [Republic Act No. 4. The following persons may not adopt: (1) The guardian with respect to the ward prior to the approval of the final accounts rendered upon the termination of their guardianship relation; (2) Any person who has been convicted of a crime involving moral turpitude; (a) A former Filipino citizen who seeks to adopt a relative by consanguinity; (b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or. (75a). For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former's efforts consisted in the care and maintenance of the family and of the household. (111a), Art. The spouses are jointly responsible for the support of the family. The courts may appoint a guardian of the child's property or a guardian ad litem when the best interests of the child so requires. 146. 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. When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials. Effect of Parental Authority The family home may be sold, alienated, donated, assigned or encumbered by the owner or owners thereof with the written consent of the person constituting the same, the latter's spouse, and a majority of the beneficiaries of legal age. (n), Art. The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations referred to in the second paragraph of this Article shall be heard and resolved. 192. A donation by reason of marriage may be revoked by the donor in the following cases: (1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81; (2) When the marriage takes place without the consent of the parents or guardian, as required by law; (3) When the marriage is annulled, and the donee acted in bad faith; (4) Upon legal separation, the donee being the guilty spouse; (5) If it is with a resolutory condition and the condition is complied with; (6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general. 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. 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. TITLE I Art. 116. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. (164a), Section 5. 253. The petition for judicial authority to administer or encumber specific separate property of the abandoning spouse and to use the fruits or proceeds thereof for the support of the family shall also be governed by these rules. 180. 54. Art. 386]. 3) The child's actual custodian, over 21 years of age, unless unfit or disqualified, as provided in Article 216 (3), Family Code of the Philippines. Unless subsequently revived by a final judgment, parental authority also terminates: (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. (291a), Art. - The court may, upon the death of the parents and in the cases mentioned in Arts. 95. Art. 200. 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. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio. (317). Section 2. The separation of property shall not prejudice the rights previously acquired by creditors. Art. (n), Art. Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority. The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. 152. (189a), Art. In case there in no such majority, the court shall decide, taking into consideration the best interests of said children. (265a, 266a, 267a). In said partition, the value of the presumptive legitimes of all common children, computed as of the date of the final judgment of the trial court, shall be delivered in cash, property or sound securities, unless the parties, by mutual agreement judicially approved, had already provided for such matters. (9) In the partition of the properties, the conjugal dwelling and the lot on which it is situated shall, unless otherwise agreed upon by the parties, be adjudicated to the spouse with whom the majority of the common children choose to remain. 244. (n). The excess, if any, shall be delivered to the judgment debtor. (164a), Section 4. (178a), Section 6. 124. (120a), Art. 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. 176. Emancipation for any cause shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life. (327a). A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling without intention of returning. (103), Art. 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. (167a, 191a), Section 7. 47. (74a), Art. 232. 211. Art. 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. 186. Full text of the Civil Code of the Philippines [Republic Act No. 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. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article: (1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or. Art. (263a). Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case. 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. PARENTAL AUTHORITY (67a), Art. (247a, 248a), Art. Jurisdiction over the petition shall, upon proof of notice to the other spouse, be exercised by the proper court authorized to hear family cases, if one exists, or in the regional trial court or its equivalent sitting in the place where either of the spouses resides. The Code was approved as Republic Act. 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. (131a). 209. A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides, or, if the child resides in a foreign country, in the proper court of the place where the property or any part thereof is situated. 177. When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief. 226. Reason. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order. 42. (8) The presumptive legitimes of the common children shall be delivered upon the partition in accordance with Article 51. (7) When after voluntary dissolution of the absolute community of property or conjugal partnership has been judicially decreed upon the joint petition of the spouses, they agree to the revival of the former property regime. Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage. In no case shall the school administrator, teacher of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. When two or more recipients at the same time claim support from one and the same person legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the order established in the preceding article shall be followed, unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the child shall be preferred. (2) An alien with whose government the Republic of the Philippines has no diplomatic relations; and, (3) A person who has already been adopted unless such adoption has been previously revoked or rescinded. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic Act No. 210. The effects of legitimation shall retroact to the time of the child's birth. (54a). 250. Submit Close. In the absence of such authority or consent, the disposition or encumbrance shall be void. 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. 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. 105. (298a), Art. 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. ! (191a), Art. It was enacted in 1950. 265. Chapter 1. ADMINISTRATIVE ORDER NO. 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. (223a). (315a), Chapter 2. 188. 141. EMANCIPATION AND AGE OF MAJORITY. 45. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate. (292a). (299a), Art. (214a). 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 following are conjugal partnership properties: (1) Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses; (2) Those obtained from the labor, industry, work or profession of either or both of the spouses; (3) The fruits, natural, industrial, or civil, due or received during the marriage from the common property, as well as the net fruits from the exclusive property of each spouse; (4) The share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the treasure is found; (5) Those acquired through occupation such as fishing or hunting; (6) Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse; and, (7) Those which are acquired by chance, such as winnings from gambling or betting. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided: (2) The descendants in the nearest degree; (3) The ascendants in the nearest degree; and. (n), Art. 164. 132. In case of disagreement, the court shall decide whether or not: (2) Benefit has occurred to the family prior to the objection or thereafter. 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. Jointly exercise parental authority terminates permanently: ( 3 ) the child becomes,. Occupied as a family on his or her interest in the preceding paragraph refer to present future!, 398a, 400a, 401a ), TITLE X emancipation and age of majority age is allowed this. Proper receipts shall be governed by the provisions of the spouses as well as personal property is sold for than... 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