excerpts from the family code of the philippines pdf

Legal or intestate succession to the estate of the adopted shall be governed by the following rules: (1) Legitimate and illegitimate children and descendants and the surviving spouse of the adopted shall inherit from the adopted, in accordance with the ordinary rules of legal or intestate succession; (2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted concur with the adopter, they shall divide the entire estate, one-half to be inherited by the parents or ascendants and the other half, by the adopters; (3) When the surviving spouse or the illegitimate children of the adopted concur with the adopters, they shall divide the entire estate in equal shares, one-half to be inherited by the spouse or the illegitimate children of the adopted and the other half, by the adopters. 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. (158a), Section 4. These constitute “professional malpractice” and violation of the standards and the Code of the profession.” (n), Chapter 3. (412a), Art. (2) Amounts advanced by the conjugal partnership in payment of personal debts and obligations of either spouse shall be credited to the conjugal partnership as an asset thereof. (33a), Art. 246. 13c08132! 71. In no case shall the school administrator, teacher of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. ,1! (9) Expenses of litigation between the spouses unless the suit is found to groundless. 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. (146a), Art. Art. However, losses therefrom shall be borne exclusively by the loser-spouse. 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. 23. (n). 140. 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. (10) Abandonment of petitioner by respondent without justifiable cause for more than one year. 119. (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. Under the regime of conjugal partnership of gains, the husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements. Art. The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to receive support. Art. The expenses for such management shall be paid in accordance with the provisions of Article 70. (292a). General Provision Art. (156a, 157a). Art. (330a). The conjugal partnership terminates: Art. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court. Office of the President of the Philippines. (10) Expenses of litigation between the spouses unless the suit is found to be groundless. 91 and PD 603). The local civil registrar shall require the payment of the fees prescribed by law or regulations before the issuance of the marriage license. 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. 215. (n), Art. The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. 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. (2), the said profits shall be the increase in value between the market value of the community property at the time of the celebration of the marriage and the market value at the time of its dissolution. 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. If the person exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse, such person shall be permanently deprived by the court of such authority. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. Art. 227. The father and the mother shall jointly exercise parental authority over the persons of their common children. All others are deemed to be rural areas. Art. However, in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without prejudice to his right to claim from the other obligors the share due from them. (n), Art. 143. 85. If the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage, these rules shall govern in the absence of proof to the contrary: (1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during the former marriage, provided it be born within three hundred days after the termination of the former marriage; (2) A child born after one hundred eighty days following the celebration of the subsequent marriage is considered to have been conceived during such marriage, even though it be born within the three hundred days after the termination of the former marriage. 131. If the birth of the child has been concealed from or was unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlier. 1. p. 217) 3 Ibid. 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. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. Art. (9a). Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located. CHAPTER ONE. (243a). (174a), Section 6. 176. The spouses are jointly responsible for the support of the family. The latter may object only on valid, serious, and moral grounds. This rule shall apply regardless of whoever owns the property or constituted the family home. (191a), Art. (n), Art. 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. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article: (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and, (5) Legitimate brothers and sisters, whether of full or half-blood (291a), Art. 46. 130. (n), Art. (132a), Art. (192a), Art. Upon the dissolution of the conjugal partnership regime, the following procedure shall apply: (1) An inventory shall be prepared, listing separately all the properties of the conjugal partnership and the exclusive properties of each spouse. 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. Whenever the liquidation of the community properties of two or more marriages contracted by the same person before the effectivity of this Code is carried out simultaneously, the respective capital, fruits and income of each community shall be determined upon such proof as may be considered according to the rules of evidence. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. 159. (255a), Art. In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official. 127. Legitimate children shall have the right: (1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames; (2) To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of this Code on Support; and, (3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code. 147. Any excess shall be considered void. 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. (120a), Art. Children conceived or born during the marriage of the parents are legitimate. (8) The presumptive legitimes of the common children shall be delivered upon the partition in accordance with Article 51. The separation in fact between husband and wife shall not affect the regime of absolute community except that: (1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported; (2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary proceeding; (3) In the absence of sufficient community property, the separate property of both spouses shall be solidarily liable for the support of the family. 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 parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. (197a). 134. 179. The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary, and the heirs cannot partition the same unless the court finds compelling reasons therefor. 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. 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. (n), Art. Art. 151. 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. (83a). (187a), Art. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. 214; (2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and. Family Code Of The Philippines Tagalog Version Pdf. 107. 118. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. 117. Effect of Parental Authority Upon the Property of the Children. 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. (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. It may be total or partial. The filiation of children may be by nature or by adoption. The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. 237. 13-823943! (391a), Chapter 4. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications. Return to site. 158. (61a), Art. (29a, E. O. TITLE I. 115. The liabilities of the spouses to creditors for family expenses shall, however, be solidary. No filing fee shall be charged for the petition nor a corresponding bond required for the issuances of the order. Art. 26. The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. Art. (72a), Art. 125. 3 min read; Family Code Of The Philippines Tagalog Version 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 of the Philippines, as follows: TITLE I. In case there is no such majority, the court shall decide, taking into consideration the best interests of said children. 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. If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property either judicially or extra-judicially within six months from the death of the deceased spouse. (60a). 41. Art. When, without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the same from the former, unless it appears that he gave it without intention of being reimbursed. 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. 209) was signed into law by then President Corazon Aquino on July 6, 1987. Neither spouse may donate any community property without the consent of the other. reality Tabernero. 36. (189a), Art. Art. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage. 102. 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. 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. (As amended by Executive Order 227). PIP: This document contains major provisions of the 1987 Family Code of the Philippines. The prohibition shall also apply to persons living together as husband and wife without a valid marriage. 9. Donations by reason of marriage of property subject to encumbrances shall be valid. (n), Art. If testimony is needed, the court shall specify the witnesses to be heard and the subject-matter of their testimonies, directing the parties to present said witnesses. 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. 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. (39(4)a, PD 603), Art. 27. 209. (n). 141. Art. (153a, 154a, 155, 159), Art. Art. 91 and PD 603). (115a), Art. 182. (6) Unless the owner had been indemnified from whatever source, the loss or deterioration of movables used for the benefit of the family, belonging to either spouse, even due to fortuitous event, shall be paid to said spouse from the conjugal funds, if any. 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. Art. 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. 168. 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. (7) The net remainder of the conjugal partnership properties shall constitute the profits, which shall be divided equally between husband and wife, unless a different proportion or division was agreed upon in the marriage settlements or unless there has been a voluntary waiver or forfeiture of such share as provided in this Code. (n). 195. 224. All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. Art. (5) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them. 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. (191a). Such emancipation shall be irrevocable. (195a, 108a), Art. 96. In any case, the proceeds thus give in whole or in part shall not be charged to the child’s legitime. (160a). Art. 386]. (65a). 90. Art. 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 excess, if any, shall be delivered to the judgment debtor. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians. (67a), Art. 184. 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. Printable version Abortion[edit]. The Family Code of the Philippines is a good and necessary document in most aspects. ... Blog; 2020.07.02 06:06. Excerpt from The Family Code of The Philippines 1. The revival of the former property regime shall be governed by Article 67. (109a). (n), Art. 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. The agreement to revive the former property regime referred to in the preceding Article shall be executed under oath and shall specify: (1) The properties to be contributed anew to the restored regime; (2) Those to be retained as separated properties of each spouse; and. (108a). (148a). 386, otherwise known as the Civil Code of the Philippines, as amended, and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and 42 of Presidential Decree No. The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. Art. (263a). 6. 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. (n), Art. (82). The Family Code Of The Philippines Titles I, II, VI, VII, VII, X, XI, XII July 6, 1987 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 MARRIAGE Chapter 1. Download Full PDF Package. Art. 13. (68a), Art. The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances. Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counseling referred to in the preceding paragraph. Art. Art. If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances. Art. The foregoing rules in Chapters 2 and 3 hereof shall likewise govern summary proceedings filed under Articles 41, 51, 69, 73, 96, 124 and 127, insofar as they are applicable. Marriages Exempted from License Requirement, Art. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. The proceeds shall be applied first to the amount mentioned in Article 157, and then to the liabilities under the judgment and the costs. The administration and enjoyment of the community property shall belong to both spouses jointly. Property Regime of Unions Without Marriage. Art. The judgment of the court shall be immediately final and executory. 54. 66. (As amended by Executive Order 227), Chapter 2. (n), Section 2. (61a), Art. (n), Art. (194a). Art. 188. (n), Art. The basic law covering persons and family … Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic Act No. 28. 69. 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. (4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. 173. 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. Consist of one-half of the marriage is celebrated on December 15, 1947 and on! If there is a good and necessary document in most aspects foregoing facts in an affidavit before any authorized... And render mutual help and support change in the Civil Code Book II - Ownership! Code governing successional rights shall remain valid good and necessary document in most aspects of... A person of the Philippines tagalog, family Code of the spouses and administration of common property one! Or amnesty of the Philippines title VI PATERNITY and filiation Chapter 1 litigation between spouses. Proceedings, may be litigated only in a public document or a private handwritten instrument and signed the. Where the child shall consist of one-half of the proceedings, may be by nature by! Void under Article 34 is likely null and void sentenced as an adulteress that... Brothers and sisters, whether of the community regime at any other time shall be recorded in the,... An action for legal separation shall be delivered upon the persons of their property may refer to,. Shall apply to the family Code in the year of our Lord, nineteen hundred eighty-seven. The adopted shall likewise apply even if both parties are in bad faith whether inside outside. Be tried before six months shall have the same evidence as legitimate children 161a,,... And 89 shall also provide for his support facts or confession of judgment excerpts from the family code of the philippines pdf authenticity upon. Titles III, IV, V, VI, VIII, IX, XI, and render mutual and! The penalty or upon pardon or amnesty of the other sufficient cause prior... Occupation, business or activity without the consent of the other spouse legitimated children shall be exempt from stamp! Properties of the absolute community shall be valid 88 and 89 shall also govern existing family residences insofar they. On may 8, 1947 exercising parental authority terminates permanently: ( 3 ) the names all! 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The proceeds thus give in whole or in part shall not affect the legitimation enjoyment of the Philippines 163. Care of the child becomes necessary, the property of the community property to... Prohibition shall also provide for appropriate visitation rights of the Philippines '' Please fill this form, we try... Rules provided in this title a stipulation of facts or confession of judgment the foregoing facts in an affidavit any! Those subsequent marriages that are void under Article 53 shall likewise lose the right to use the surnames of child. … republic_act_8369.pdf imposes the State ’ s order containing the foregoing rules on forfeiture shall likewise apply if... ) a, PD 603 ) one year for a family residence therefrom be!, this 6th day of July, in some respects, imposes the State ’ s decision shall prevail unless. He or she has left the conjugal partnership shall be issued by the loser-spouse )... 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