CIVIL CODE OF THE PHILIPPINES BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS Title I. Title I - Civil Personality. 2. This paper. A short summary of this paper. A married woman may use: (1) Her maiden first name and surname and add her husband's surname, or (2) Her maiden first name and her husband's surname, or (3) Her husband's full name, but prefixing a word indicating that she is his So, for example, if Juana Santos marries Pedro dela Cruz, the law gives her the option to use either one of following names: 1) Juana Santos-dela Cruz; 2) Juana dela Cruz; 3) Mrs. Pedro dela Cruz or 4) she may retain her maiden name, Juana Santos. Art. Download Free PDF. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. It was enacted in 1950, and remains in force to date with some significant amendments . Article 1. 700. Article 2.-Effect of the Civil Code 1. A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. Download PDF. The Civil Code shall apply in the territory of the Socialist Republic of Vietnam. THE FAMILY CODE OF THE PHILIPPINES. But the co-ownership may be terminated in accordance with Article … 386, otherwise known as "AN ACT TO OROAl~I AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES", "A married woman .may use: (1) Her maiden first name and surname and add her husband's surname, or (2) Her maiden Law on Agency Civil Code of the Philippines Article 1868 Article 1932 Capacity of the - CLASSIFICATION OF PROPERTY PRELIMINARY PROVISIONS. h�b```f``�g �����Y8�Ř��������S|jT�TTGX��O(�@� �B�
Article 5 The lawful civil rights and interests of citizens and legal persons shall be protected by law; no 2. ARTICLE 349. A contract of transportation by land or water ways of any kind shall be considered commercial: 1. 48 of March 20, 1947 by President Roxas. The district health officer shall take care that one or all of the remedies against a public nuisance are availed of. 1 and 6 of the Act to introduce Book 2 of the new Civil Code. Further, this interpretation is in consonance with the principle that surnames indicate descent.” (Emphasis supplied). Republic Act No. 370. 701. (1665a)X x x.Article 1770. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. Copyright © The Manila Times – All Rights Reserved. 3. This paper. THE FAMILY CODE OF THE PHILIPPINES. 414. 386, OTHERWISE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES. Ownership is acquired by occupation and by intellectual creation. Chapter 1. Article 3 Parties to a civil activity shall have equal status. But Rica is still studying. My fiancée Rica and I are planning to get married soon. We have no law which provides that the wife shall change her name to that of the husband upon marriage. This paper will first define legal systems, legal traditions, the civil and the common law, statutory law, mixed legal systems and mixed jurisdictions. TITLE IX PARTNERSHIPCHAPTER 1General ProvisionsArticle 1767. AMENDING FOR THE PURPOSE ARTICLE 370 OF REPUBLIC ACT NO. Be it enacted by the Senate and the House of Representatives in Congress assembled: SECTION 1. BOOK I PERSONS Title I. This Act shall be known as the “Civil Code of the Philippines.” (n) Art. (n) Article 2. 1976-04-08 (NLD-1976-L-13685) An Act to establish the text of Chs.
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11 Full PDFs related to this paper. This is in consonance with the principle that surnames indicate descent. h�mk�0���>nR�ؖm(��m��҅9���Z�%�� 3. READ PAPER. Article 370 of Republic Act No. Furthermore, the late legal scholar Arturo Tolentino gave the following explanation about this, viz: “Under the present article of our Code, however, the word “may” is used, indicating that the use of the husband’s surname by the wife is permissive rather than obligatory. No. 386 - An Act to Ordain and Institute the Civil Code of The Philippines. Article 1311 of the Civil Code. Articles 38 … ARTICLE … She is not prohibited from continuously using her maiden name once she is married because when a woman marries, she does not change her name but only her civil status. Art. Be it enacted by the Senate and the House of Representatives in Congress assembled: SECTION 1. An Act to Regulate the Practice of Civil Engineering in the Philippines Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Article I TITLE OF THE ACT AND DEFINITION OF TERMS Section 1. ... Art. When the courts declared a … Chapter One. Chapter 1 - General Provisions. The woman may choose to continue using her maiden name. After our marriage, is it required to change her surname immediately for her school records and to avoid confusion? That is, if she would want to retain it so as to reflect the same in her records in school. Download PDF. Now the question is that the J&K has no longer a const… 386, otherwise known as the Civil Code, is hereby further amended to read as follows: Art. 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: TITLE I. AMENDING FOR THE PURPOSE ARTICLE 370 OF REPUBLIC ACT NO. BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS Title I. Persons and Family Relations (Sta. Art. Dece Guy. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region located in the northern part of Indian subcontinent which was administered by India as a state from 1954 to 31 October 2019, conferring it with the power to have a separate constitution, a state flag and autonomy over the internal administration of the state. 374. A widow may use the deceased husband's surname as though he were still living, in accordance with Article 370. - CIVIL PERSONALITY CHAPTER 1 GENERAL PROVISIONS. The Civil Code shall apply to civil relations established from the effective date of this Code, unless otherwise provided for by this Code or the National Assembly’s resolution. endstream
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The said provision states: “Article 370. The succeeding provisions of the Civil Code establish other rules regarding a married woman's use of surname, viz: Article 371. In the situation you presented in your letter, there is no need for Rica to change her surname after marriage. %%EOF
The Civil Code of the Philippines. Questions for Chief Acosta may be sent to dearpao@manilatimes.net. Under the New Civil Code, particularly Article 370 thereof, a woman is given options as regards what name she may use in case she marries. The Philippine Civil Code is strongly influenced by the Spanish Código Civil, which was first enforced in 1889 within the Philippines, then a colony of the Spanish Empire.The Código Civil remained in effect even throughout the American Occupation, however by 1940 the Commonwealth Government of President Manuel Luis Quezon formed a Commission tasked with drafting a new Civil Code. — CLASSIFICATION OF PROPERTY. It seems, therefore, that a married woman may use only her maiden name and surname. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. Approved on June 18, 1949. The Civil Code of the Philippines. This Act shall be known as the Civil Code of the Philippines POINTS Republic Act Number 386: “An Act to Ordain and Institute the Civil Code of the Philippines.” • Main draft prepared by the Roxas Code Commission, created via E.O. CIVIL CODE OF THE PHILIPPINES Title VII. Title III - Marriage. When it has for its object merchandise or any article of commerce. Download Full PDF Package. MARRIAGE. This Code shall take effect one year after such publication. (1a) Article 3. Under the New Civil Code, particularly Article 370 thereof, a woman is given options as regards what name she may use in case she marries. A married woman may use: “(1) Her maiden first name and surname and add her husband’s surname, or “(2) Her maiden first name and her husband’s surname or Requisites of Marriage. Article 8 1. She is therefore allowed to use not only any of the three names provided in Article 370, but also her maiden name upon marriage. All things which are or may be the object of appropriation are considered either: The personal law applicable to an individual shall be determined by his nationality. Chapter 2 - Natural Persons. The interviews were supplemented by secondary sources, primarily news reports in the national and international media after 5 August 2019, when the Bharatiya Janata Party (BJP)-led government […] GENERAL PROVISIONS . Public law- deals with issues that affect the general public or state, the society as a whole. A married woman may use: (1) Her maiden first name and surname and add her husband's surname, or (2) Her maiden first name and her husband's surname or (3) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs." Article 371. 6 Full PDFs related to this paper. 7. Requisites of Marriage. Laws shall take effect after fi fteen INTRODUCTORY TITLE. (1) A prosecution under the Penal Code or any local ordinance: or (2) A civil action; or (3) Abatement, without judicial proceedings. This special report analyses insights gathered by the author from different sections of the Kashmir public regarding the impact of the abrogation of Article 370 on their lives. 386), specifically Articles 370 and 372 thereof and Article 63 of the Family Code of the Philippines (Executive Order 209). 495. Married applicants who wish to use the surnames of their husbands in their Philippine documents are advised that the following format will be used in accordance with Article 370 of the Civil Code of the Philippines which states that: “A married woman may use: It will 11. 613. Article 1. Art. The Civil Code of the Philippines is the product of the codification of private law in the Philippines. 24 0 obj
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Article 4 In civil activities, the principles of voluntariness, fairness, making compensation for equal value, honesty and credibility shall be observed. Our opinion may vary when other facts are changed or elaborated. Section I: The Law And Its Application . 0
laws indicate the Civil Code of the Philippines (Republic Act No. 386 An act to ordain and institute the Civil Code of the Philippines. Maria) Download. Indeed, being an heir of Encarnacion, there is privity of interest between him and his deceased mother. MARRIAGE. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. We hope that we were able to answer your queries. Notwithstanding the provisions of the preceding article, the co-owners cannot demand a physical division of the thing owned in common, when to do so would render it unserviceable for the use for which it is intended. Maria) Djan Auil De Chavez. Definition of Terms.” This Code shall take effect one year after such publication. Article 370(3) reads: Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify…Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification“. Oops, this content can't be loadedbecause you're having connectivity problems, Stay always informed and up to date with our breaking news alerts, Internet sensation Xander Ford detained for violence vs women, Quezon town police chief sacked for violating health protocol, Military overruns NPA lair in Sultan Kudarat, Palace urges Filipinos to share blessings this Christmas. Chapter 1. A married woman has the option to use her husband's surname but is not required to do so. The processing of Philippine civil registry documents is guided by Philippine regulations, including the Civil Code of the Philippines. 1991, c. 64 and in force January 1, 1994. It is the general law that governs family and property relations in the Philippines. Article 9 1. No. Based on the foregoing discussion, a validly married woman has, thus, four alternatives in the adoption of surname after marriage. B., LL.B., LL.M., LL.D. 386, otherwise known as the Civil Code, is hereby further amended to read as follows: Art. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise . Article 370 of Republic Act No. Article 1. 370. h�bbd``b`r~@���=$~�0012�I00 �3n� ` �L�
O Scribd é o maior site social de leitura e publicação do mundo. CC0390 CC_0390-0392 Republic Act No. Art. She has the option but not the duty, to use the surname of the husband in any of the ways provided by this Article.” (Tolentino, Civil Code of the Philippines, Vol. provided. language of Article 370 is permissive and not mandatory. By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves.Two or more persons may also form a partnership for the exercise of a profession. The said provision states: “(1) Her maiden first name and surname and add her husband’s surname, or, “(2) Her maiden first name and her husband’s surname or, “(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”. Capacity to act is not limited on account of religious belief or political opinion. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. Under the said laws, a married woman is not specifically granted the option to use her maiden name and surname; (repealed). Characteristics of a Partnership 1. ��ߝd9n�����N�{��p\FxLR�&�G��$�b"I�$��Ax�r"��\_ӻgs�e4���(�|��*
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Code, other codes, the Rules of Court, and in special laws. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. Chapter 3 - Juridical Persons. He only succeeds to what rights his mother had and what is valid and binding against her is also valid and binding as against him. Download Full PDF Package. Post category: Civil Code Of the Philippines; Post comments: 1 Comment Art. The 1947 Code Commission started working on May 8, 1947 and ended on December 15, 1947. endstream
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FUNDAMENTALS OF PARTNERSHIP According to Article 1767 of the Civil Code of the Philippines, Partnership is a contract whereby two or more persons bind themselves to contribute money, property, or industry into a common fund with the intention of dividing profit among themselves. Art. Such law shall govern capacity and civil status, family … Article (1) Legislative provisions shall be applicable to all matters dealt therein, in letter and context. Civil Code of the Philippines: | | | Civil Code of the Philippines | | | | ... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the … This Act shall be known as the "Civil Code of the Philippines." Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. When, whatever its object may be, the carrier is a merchant or is habitually engaged in transportation for the public. Civil Code of the Philippines - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. A short summary of this paper. Article 1. Article 370. Persons and Family Relations (Sta. NEW DELHI: BJP’s political agenda of a Ram temple in Ayodhya, scrapping Article 370 and adopting a Uniform Civil Code (UCC) has for several decades … Chapter 1 - Requisites of Marriage. 386, OTHERWISE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES. I, p.724, 1983 ed). regulations, including the Civil Code of the Philippines. Article 1. It is the product of codification of private law in the Philippines. 2. Pursuant to Memorandum Order No. Application of the Law and Its Effectiveness in Time and Place . READ PAPER. 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: TITLE I. 2. 386 Civil Code of the Philippines, Book I Persons, Title XIV Absence, Chapter 4 Presumption of Death Article … - EASEMENTS OF SERVITUDES CHAPTER 1 EASEMENTS IN GENERAL SECTION 1. BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP PRELIMINARY PROVISION . REPUBLIC ACT NO. 1976-05-06 (NLD-1976-L-13687) An act to amend the Civil Code in connection with a prohibition on dismissal in the event of marriage, pregnancy or confinement. CIVIL CODE of the PHILIPPINES ANNOTATED BY EDGARDO L. PARAS,† Litt. hެX�r�H}�+�"�eU�T��q����a�L�L���.H�Mx?cw?x2�J�j�u�/��̓�����~]n���?�:�;a�8��ߋ%�8
�0Z�sp���A0T ��J�bN y. 2016--07 of the Philippine Commission on Women and Article 370 of RA. On January 26, 1949, the Senate and the House of Representatives of the Philippines passed Republic Act 386, which is “An Act to Ordain and Institute the Civil Code of the Philippines.” Article 2. endstream
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See the Qubec Civil Code 1994. enacted by S.Q. - Different Kinds of Easements Art. (1a) Art. The very same statement was echoed in the case of Maria Virginia V. Remo vs The Honorable Secretary of Foreign Affairs (GR 169202, March 5, 2010), penned by Associate Justice Antonio Carpio, wherein the Supreme Court held that: “A married woman has an option, but not a duty, to use the surname of the husband in any of the ways provided in Article 370 of the Civil Code. Article 370 of the Civil Code provides that 'A married woman may use: (1) Her maiden first name and surname and add her husband's surname, or (2) Her maiden first name and her husband's surname, or (3) Her husband's full name, but prefixing a word indicating that she is … 15 0 obj
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