(178a), Section 6. In all cases, the forfeiture shall take place upon termination of the cohabitation. 257. Case of abandonment was not mentioned. 192. 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. 180. Transportation shall include expenses in going to and from school, or to and from place of work. (3) The names of all their known creditors, their addresses and the amounts owing to each. (72a), Art. (191a), Art. Art. (2) To give them love and affection, advice and counsel, companionship and understanding; (3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship; (4) To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals; (5) To represent them in all matters affecting their interests; (6) To demand from them respect and obedience; (7) To impose discipline on them as may be required under the circumstances; and, (8) To perform such other duties as are imposed by law upon parents and guardians. 26. An action for legal separation shall be filed within five years from the time of the occurrence of the cause. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. Family relations include those: (1) Between husband and wife; (2) Between parents and children; (3) Among brothers and sisters, whether of the full or half-blood. 13. (n). When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment in his favor, and he has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in Article 157, he may apply to the court which rendered the judgment for an order directing the sale of the property under execution. 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. The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable. 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. In any event, if the value of the currency changes after the adoption of this Code, the value most favorable for the constitution of a family home shall be the basis of evaluation. (n), Art. In case of non-appearance of the spouse whose consent is sought, the court shall inquire into the reasons for his failure to appear, and shall require such appearance, if possible. The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. A donation by reason of marriage may be revoked by the donor in the following cases: (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. (127a). The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either of both of the parents; but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitime. 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. 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. 131. 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. SOCIAL TITLE IX PARENTAL AUTHORITY Chapter 1. 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. Property bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal funds belongs to the buyer or buyers if full ownership was vested before the marriage and to the conjugal partnership if such ownership was vested during the marriage. Download Family Code of the Philippines Comments. 149. Donations by Reason of Marriage, Art. The foregoing provisions shall not prejudice the rights of creditors who acted in good faith. 68. //-->, CLICK HERE FOR THE LATEST PHILIPPINE LAWS, STATUTES & CODES, THE FAMILY CODE OF THE PHILIPPINES July 6, 1987. The local civil registrar shall require the payment of the fees prescribed by law or regulations before the issuance of the marriage license. 159. (2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the community, or by both spouses, or by one spouse 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 been benefited; (4) All taxes, liens, charges and expenses, including major or minor repairs, upon the community property; (5) All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family; (6) Expenses to enable either spouse to commence or complete a professional or vocational course, 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; (9) Ante-nuptial debts of either spouse other than those falling under paragraph (7) of this Article, the support of illegitimate children of either spouse, and liabilities incurred by either spouse by reason of a crime or a quasi-delict, in case of absence or insufficiency of the exclusive property of the debtor-spouse, the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the community; and. Done in the City of Manila, this 6th day of July, in the year of Our Lord, nineteen hundred and eighty-seven. (2) That which each acquires during the marriage by gratuitous title; (3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and, (4) That which is purchased with exclusive money of the wife or of the husband. Art. I, CORAZON C. AQUINO, President of the Philippines, by virtue. (n), Art. Art. No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said license. He shall record in said book the names of the applicants, the date on which the marriage license was issued, and such other data as may be necessary. 142. 208. 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. 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. (4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. The marriage must be one between a Filipino and a foreigner 2. 3. (121), Art. The notice shall be posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in conspicuous place within the building and accessible to the general public. The local civil registrar shall prepare a notice which shall contain the full names and residences of the applicants for a marriage license and other data given in the applications. 51. Art. (130a), Art. 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. 182. (262a). ARTICLE 1. 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. Art. The expiry date shall be stamped in bold characters on the face of every license issued. (61a), 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. (27a, E. O. (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. Submit Close. Either spouse may dispose by will of his or her interest in the community property. (n). Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. 10. Art. (119a), Art. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by Article 44 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45. 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. If it is shown that no such efforts were in fact made, the same case must be dismissed. 72. 179. (41a, PD 603). (58a), Art. Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. (191a). 8. The beneficiaries of a family home are: (2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or illegitimate, who are living in the family home and who depend upon the head of the family for legal support. family code of the philippines reviewer pdf Him to the care and custody of his family who shall be charged with his surveillance and education.The Family Code of the Philippines Executive Order No. In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of the second paragraph of Article 94. The Family Code of the Philippines recognizes a family constituted through the union of a man and a woman. Naabutan ng Edsa Revolution ang paggawa ng batas na ito, at nilagdaan ito bilang batas ng dating Pangulong Corazon C. Aquino. A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed. The following shall be excluded from the community property: (1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property; (2) Property for personal and exclusive use of either spouse.