204. (55a). (n), Art. 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. 34. A family that has a father and a mother that bond with each other and give love to each other can be a good example to the society. The revival of the former property regime shall be governed by Article 67. 170. Art. 215. (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. Art. THE FAMILY CODE OF THE PHILIPPINES July 6, 1987. The instrument shall be recorded in the civil registry together with the birth certificate of the child. The child shall be entitled to the assistance of counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the child shall be heard. 97. (391a). 43. They lived together and support each other. 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: (5) If previously married, how, when and where the previous marriage was dissolved or annulled; (7) Degree of relationship of the contracting parties; (8) Full name, residence and citizenship of the father; (9) Full name, residence and citizenship of the mother; and. (321a, 323a), Art. 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. 91 and PD 603). (n), Art. (327a). 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. Art. (n). Transportation shall include expenses in going to and from school, or to and from place of work. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. If any provision of this Code is held invalid, all the other provisions not affected thereby shall remain valid. (n). (n), Art. Requisites of Marriage Article 1. (144a), (3) Among brothers and sisters, whether of the full or half-blood. 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. 49. Art. The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority. 186. Children conceived or … The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons. If it is shown that no such efforts were in fact made, the same case must be dismissed. 91 and PD 603), (2) The parental authority of the parents by nature over the adopted shall terminate and be vested in the adopters, except that if the adopter is the spouse of the parent by nature of the adopted, parental authority over the adopted shall be exercised jointly by both spouses; and, (3) The adopted shall remain an intestate heir of his parents and other blood relatives. The parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. Art. It shall be the duty of the local civil registrar to prepare the documents required by this Title, and to administer oaths to all interested parties without any charge in both cases. 171. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. (259a). Chapter 1. The annulment of a voidable marriage shall not affect the legitimation. Both spouses shall bear the family expenses in proportion to their income, or, in case of insufficiency or default thereof, to the current market value of their separate properties.chan robles virtual law library, The liabilities of the spouses to creditors for family expenses shall, however, be solidary. Separation of property may refer to present or future property or both. 140. The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in the same proceeding if the court finds that the cause therefor has ceased and will not be repeated. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority. BC Philippines law offices Philippines will assist 189. (391a), Chapter 4. (10) Expenses of litigation between the spouses unless the suit is found to be groundless. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court. (c) serious illness of the husband, which absolutely prevented sexual intercourse; (3) That in case of children conceived through artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence. 230. (n). The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property relations. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counseling. Children conceived or born during the marriage of the parents are legitimate. 214. 58. google_ad_slot = "2596282543"; The action for annulment of marriage must be filed by the following persons and within the periods indicated herein: (2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other's insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity; (3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud; (4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased; (5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage. In the cases provided for in the two preceding articles, the solemnizing officer shall state in an affidavit executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed in articulo mortis or that the residence of either party, specifying the barrio or barangay, is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar and that the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of legal impediment to the marriage. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable. Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties. 211. ... Lester sends money to family members in the Philippines. 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. The effects of legitimation shall retroact to the time of the child's birth. 253. In the absence of descendants, such share shall belong to the innocent party. (287a), Art. Art. (85a). 208. (146a), Art. Upon proper petition or at its own instance, the court may terminate the commitment of the child whenever just and proper. The filiation of legitimate children is established by any of the following: (1) The record of birth appearing in the civil register or a final judgment; or (2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. Art. If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. The judgment of the court shall be immediately final and executory. 91 and PD 603). 203. 146. 20. If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. However, stipulations that do not depend upon the celebration of the marriages shall be valid. 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 (The Family Code of the Philippines). Art. If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the conjugal partnership property either judicially or extra-judicially within six months from the death of the deceased spouse. 222. Download Family Code of the Philippines Comments.