(298a), Art. Chap 6-Lesson 6- Excerpts from the Family Code of the Philippines I learned that “cases of child abuse in schools have been reported in print and broadcast media. 189. (158a). (61a), Art. The conjugal partnership shall be liable for: (1) The support of the spouse, their common children, and the legitimate children of either spouse; however, the support of illegitimate children shall be governed by the provisions of this Code on Support; (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; (7) Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family; (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 (9) Expenses of litigation between the spouses unless the suit is found to groundless. 127. 6. 53. Art. PHILIPPINES SIGNED IN TO LAW ON JULY 6, 1987 EFFECTIVITY DATE ON AUGUST 3, 1988. 83. Art. (194a). 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. (299a), Art. (327a). 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. 15. 41. The expiry date shall be stamped in bold characters on the face of every license issued. 226. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient. (10) Expenses of litigation between the spouses unless the suit is found to be groundless. 131. 2. (106a), The action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation become final. 3. 106. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. (316a), Art. No voluntary separation of property may thereafter be granted. 138. Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. Art. During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the Court shall provide for the support of the spouses and the custody and support of their common children. In case of doubt as to which community the existing properties belong, the same shall be divided between the different communities in proportion to the capital and duration of each. Art. 119. 47. The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable. Art. 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) (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. (174a), Section 6. (n). The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. Art. 91 and PD 603). 70. The basic law covering persons and family relations governs marriages, legal separations, property relations between spouses, and parental authority, among others. 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. 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. 164. Support pendente lite may be claimed in accordance with the Rules of Court. However, the payment of personal debts contracted by either spouse before the marriage, that of fines and indemnities imposed upon them, as well as the support of illegitimate children of either spouse, may be enforced against the partnership assets after the responsibilities enumerated in the preceding Article have been covered, if the spouse who is bound should have no exclusive property or if it should be insufficient; but at the time of the liquidation of the partnership, such spouse shall be charged for what has been paid for the purpose above-mentioned. No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment. 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. 27 talking about this. The prohibition shall also apply to persons living together as husband and wife without a valid marriage. The Family Code Of The Philippines; The Family Code Of The Philippines 5 Years Ago admin Laws and acts governing the system. Ownership, Administrative, Enjoyment and Disposition of the Community Property. I made my own analysis and compiled some cases so that it can be easily understood by readers. 133. Art. google_ad_slot = "7161381404"; 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. (302a), Art. Art. (2) The final decree of legal separation shall be set aside, but the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime. Marriage Annulment & Divorce in the Philippines, Grounds for Annulment of Marriage in the Philippines, PROCEDURE ON GETTING ANNULMENT IN THE PHILIPPINES, How to File an Annulment in the Philippines, Philippines BPO KPO Registration Incorporation, Philippines Foreign Corporation Branch Office, BOI – Board of Investments Tax Incentives, Foreign Ownership of Land in the Philippines, Foreign Ownership of Corporations in the Philippines, Declaration of Nullity of Marriage in the Philippines, BOI - Board of Investments Tax Incentives. Maria, Melencio S. (2015). It shall also provide for appropriate visitation rights of the other parent. 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. The second big problem is that your “official” marriage certificate under Article 34 is likely null and void. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe. Art. The conjugal partnership terminates: Art. Art. (2) For debts incurred prior to the constitution of the family home; (3) For debts secured by mortgages on the premises before or after such constitution; and, (4) For debts due to laborers, mechanics, architects, builders, materialmen and others who have rendered service or furnished material for the construction of the building. 204. Art. Art. 8533; The phrase “However, in case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense shall prescribe in ten years after this Code shall taken effect” has been deleted by Republic Act No. Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. 247. Art. (222a), Art. The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling. Art. (66a). REQUISITES OF MARRIAGE. (116a). The following are conjugal partnership properties: (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. If upon the lapse of the six months period, no liquidation is made, any disposition or encumbrance involving the community property of the terminated marriage shall be void. At the execution sale, no bid below the value allowed for a family home shall be considered. 2) The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. (178a). Laguna State Polytechnic University – Sta.Cruz, Laguna . The following persons may not adopt: (2) Any person who has been convicted of a crime involving moral turpitude; (b) One who seeks to adopt the legitimate child of his or her Filipino spouse; or. 153. (122a), Art. The Family Code echoes this constitutional edict on marriage and the family and emphasizes their permanence, inviolability and solidarity. (178a), A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. (n), Art. Legal or intestate succession to the estate of the adopted shall be governed by the following rules: Art. (n), Art. (29a, E. O. Claims for damages by either spouse, except costs of the proceedings, may be litigated only in a separate action. The person exercising substitute parental authority shall have the same authority over the person of the child as the parents. 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. 209 MARRIAGE. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. FAMILY CODE OF THE PHILIPPINES.pptx - Free download as Powerpoint Presentation (.ppt / .pptx), PDF File (.pdf), Text File (.txt) or view presentation slides online. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of administration. Art. 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. (88a), 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. 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. Liquidation of the Absolute Community Assets and Liabilities. The court's order containing the foregoing shall be recorded in the proper civil registries. The grounds for annulment of marriage are: 1. (n), Section 2. The ethno-linguistic communities of the Philippine archipelago before the Spanish conquest practiced divorce. 103. 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. (321a, 323a), Art. (67a), Art. 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. 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. Art. (104a), Art. However, either spouse may, without the consent of the other, make moderate donations from the community property for charity or on occasions of family rejoicing or family distress. 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