Adopting the New Code of Judicial Conduct for the Philippine Judiciary Supreme Court of the Philippines 2004 WHEREAS, at the Round Table Meeting of Chief Justices held at the Peace Palace, The Hague, on 25-26 November 2002, at which the Philippine Supreme Court was represented by the Chief Justice and Associate Justice Reynato S. Puno, the (83a). During the pendency of the proceedings for separation of property, the absolute community or the conjugal partnership shall pay for the support of the spouses and their children. (142a), Art. Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT NO. In any case, the judge shall endeavor to protect the interests of the non-appearing spouse. Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. 254. (255a), Art. (n), Art. 206. (n), Art. (4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. (223a), 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: Art. The rules provided in Articles 88 and 89 shall also apply to conjugal partnership of gains. 246. Art. During the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage, the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. 177. (259a), Art. In case there in no such majority, the court shall decide, taking into consideration the best interests of said children. (256a). 170. Art. 79. 163. The proceeds shall be applied first to the amount mentioned in Article 157, and then to the liabilities under the judgment and the costs. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. Art. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from the separate properties. 172. (n), Art. Art. In case of any impediment known to the local civil registrar or brought to his attention, he shall note down the particulars thereof and his findings thereon in the application for marriage license, but shall nonetheless issue said license after the completion of the period of publication, unless ordered otherwise by a competent court at his own instance or that of any interest party. 157. Art. 194. (6) Those subsequent marriages that are void under Article 53. 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. Charges and Obligations of the Absolute Community. Naabutan ng Edsa Revolution ang paggawa ng batas na ito, at nilagdaan ito bilang batas ng dating Pangulong Corazon C. Aquino. (226a). 165. 200. 169. If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation. 224. 96. 112. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic Act No. Upon the Persons of the Children. Ang Family Code o Executive Order No. 248. 175. Art. (164a), Section 4. (123a). 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. (10) Expenses of litigation between the spouses unless the suit is found to be groundless. (181a, 182a, 183a, 184a, 185a). Rape of males is also legally recognized as rape by sexual assault, which is penalized by imprisonment of six to twelve years. 152. Support compromises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. Petitions filed under Articles 223, 225 and 235 of this Code involving parental authority shall be verified.. (n), Art. (298a), Art. (131a). Art. (192a), Art. Any stipulation, express or implied, for the commencement of the community regime at any other time shall be void. (187a), Art. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. If the adopted is at least eighteen years of age, he may petition for judicial rescission of the adoption on the same grounds prescribed for disinheriting an ascendant. 102. (109a). The provisions on family law, prior to the enactment of the present Family Code, were contained in the Civil Code of the Philippines. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. (100a), Art. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. (52a). According to Article 45 of The Family Code of the Philippines, there are 6 legal grounds for the annulment of a marriage: lack of parental consent (if either party is at least 18 but below 21 years old) psychological incapacity; fraud; consent for marriage obtained by force, intimidation, or … 3. 603: BOOK I PERSONS. (191a). The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. Art. 38. (275a). The revival of the former property regime shall be governed by Article 67. (1) Any incumbent member of the judiciary within the court's jurisdiction; (2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect; (3) Any ship captain or airplane chief only in the case mentioned in Article 31; (4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32; (5) Any consul-general, consul or vice-consul in the case provided in Article 10. Any excess shall be considered void. 213. Emancipation takes place by the attainment of majority. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same. It was enacted in 1950, and remains in force to date with some significant amendments. 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. 62. In case there is no such majority, the court shall decide, taking into consideration the best interests of said children. Republic Act No. 13c08132! In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern. The petition shall attach the proposed deed, if any, embodying the transaction, and, if none, shall describe in detail the said transaction and state the reason why the required consent thereto cannot be secured. (201a), Art. The family home must be part of the properties of the absolute community or the conjugal partnership, or of the exclusive properties of either spouse with the latter's consent. 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. Art. 253. (n), Art. (2) By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least eighteen years of age. 17. 146. (59a), Art. In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage shall not take place except by judicial order. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (n), TITLE XI The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property relations. Art. 215. Art. If any provision of this Code is held invalid, all the other provisions not affected thereby shall remain valid. Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations between the adopters and the adopted arising from the relationship of parent and child. (391a), Chapter 4. Art. Titles I, II, VI, VII, VII, X, XI, XII. 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. (161a). These certificates or certified copies of the documents by this Article need not be sworn to and shall be exempt from the documentary stamp tax. Transportation shall include expenses in going to and from school, or to and from place of work. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate, the copy of the marriage certificate, the original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the solemnization of the marriage in place other than those mentioned in Article 8. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code. SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured. Submit Close. Articles 1 – 162 | Articles 163 – 257 THE FAMILY CODE OF THE PHILIPPINES. 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. 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. 20. ,1! 69. (222a), Art. Art. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. (55a, 258a), Art. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2). (39(4)a, PD 603), Art. 129. The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable. 214. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. 55. 103. (75a), Art. 193. 164. 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. 177, Family Code) (3) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them. 214; (2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and. (215a), Chapter 7. (299a), Art. (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. The Rules of Court on the administration of estates of deceased persons shall be observed in the appraisal and sale of property of the conjugal partnership, and other matters which are not expressly determined in this Chapter. Section 2. (n), 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. (227a, 228a). 603, otherwise known as the Child and Youth Welfare Code, as amended, and all laws, decrees, executive orders, proclamations, rules and regulations, or parts thereof, inconsistent herewith are hereby repealed. 78. (n). Property Regime of Unions Without Marriage. The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not notified, unless the debtor-spouse has sufficient separate properties to satisfy the creditor's claim. The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects: (1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate; (2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse; (3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law; (4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; and, (5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession. A marriage may be annulled for any of the following causes, existing at the time of the marriage: (1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife; (2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife; (3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife; (4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife; (5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or, (6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. Natural filiation may be legitimate or illegitimate. 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. (40a, PD 603). Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation. 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. The children or their guardian or the trustee of their property may ask for the enforcement of the judgment. 48 on March 20, l947. 30. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. 33. (150a), Art. 173. 189. The court shall accordingly order the amendment of the records in the proper registries. Art. 196. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein: (1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one; (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 Articles 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. (n), Art. (3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified. Art. If the adopted is a minor or otherwise incapacitated, the adoption may be judicially rescinded upon petition of any person authorized by the court or proper government instrumental acting on his behalf, on the same grounds prescribed for loss or suspension of parental authority. Art. However, stipulations that do not depend upon the celebration of the marriages shall be valid. The excess, if any, shall be delivered to the judgment debtor. Art. The father and the mother shall jointly exercise parental authority over the persons of their common children. (9a). (302a), Art. 218. 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:. 56. Rape in the Philippines is considered a criminal offense.In Philippine jurisprudence, it is a heinous crime punishable by life imprisonment when committed against women. 250. 209, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES, NULLIFYING THE PRESCRIPTIVE PERIOD FOR ACTION OR DEFENSES GROUNDED ON PSYCHOLOGICAL INCAPACITY. 65. ! 114. (78a), Art. Legitimated children shall enjoy the same rights as legitimate children. (262a). 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. Legitimation shall take place by a subsequent valid marriage between parents. The family home shall be exempt from execution, forced sale or attachment except: (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. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. 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. 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. 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. 45. 75. 228. If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner. (n), Art. (10) Full name, residence and citizenship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one years. Children below the age of seven years are deemed to have chosen the mother, unless the court has decided otherwise. Articles 234 and 235 shall revive the parental authority over the minor but shall not affect acts and transactions that took place prior to the recording of the final judgment in the Civil Register. (102), Art. Art. Suspension or Termination of Parental Authority. Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. 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. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. Either spouse may dispose by will of his or her interest in the community property. Exclusive Property of Each Spouse. Article 176 of Executive Order No. (274), Art. (n), Art. 99. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. (189a), Art. No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said license. 25. The payment of personal debts contracted by the husband or the wife before or during the marriage shall not be charged to the conjugal properties partnership except insofar as they redounded to the benefit of the family. PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE 210. The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided to in Title IX. 116. A person of age and in possession of full civil capacity and legal rights may adopt, provided he is in a position to support and care for his children, legitimate or illegitimate, in keeping with the means of the family. Art. 3 Sec. The provisions of this Chapter shall also apply to conjugal partnerships of gains already established between spouses before the effectivity of this Code, without prejudice to vested rights already acquired in accordance with the Civil Code or other laws, as provided in Article 256. (397a, 398a, 400a, 401a), Art. )77*84)9.-(! Art. 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. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void. Art. (270a), Art. Art. 11. THE FAMILY CODE OF THE PHILIPPINES, As Amended Executive Order 209 THE CHILD AND YOUTH WELFARE CODE, As Amended Presidential Decree No. (10) Abandonment of petitioner by respondent without justifiable cause for more than one year. The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or institutions engaged in child care or in children's homes duly accredited by the proper government agency. What Constitutes Community Property, Art. 177. 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. Dissolution of Absolute Community Regime. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary. The court in an action filed for the purpose in a related case may also suspend parental authority if the parent or the person exercising the same: (1) Treats the child with excessive harshness or cruelty; (2) Gives the child corrupting orders, counsel or example; (4) Subjects the child or allows him to be subjected to acts of lasciviousness. 240. In any case, the final deed duly executed by the parties shall be submitted to and approved by the court. Description. (191a). This rules shall not apply to cases which may not be the subject of compromise under the Civil Code. 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. 235. 208. 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. (62a). 6657: Comprehensive Agrarian Reform Code 10 Jun 1988 71. 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. Art. Art. 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