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. The annulment or declaration of nullity of the marriage of a minor or of the recorded agreement mentioned in the foregoing. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. (259a), Art. The person exercising substitute parental authority shall have the same authority over the person of the child as the parents. (60a). 198. (315a), Chapter 2. 245. 115. (264a), Art. Such emancipation shall be irrevocable. (n), Art. The family home may be sold, alienated, donated, assigned or encumbered by the owner or owners thereof with the written consent of the person constituting the same, the latter's spouse, and a majority of the beneficiaries of legal age. Rights of the Child. Art. (67a), Art. However, interests falling due during the marriage on the principal shall belong to the conjugal partnership. (144a), (3) Among brothers and sisters, whether of the full or half-blood. Payment shall be made within the first five days of each corresponding month or when the recipient dies, his heirs shall not be obliged to return what he has received in advance. Art. 91 and PD 603). (n), Art. (n), Art. It was enacted in 1950, and remains in force to date with some significant amendments . (n), Art. The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded. (n). Art. (255a). The adopters may petition the court for the judicial rescission of the adoption in any of the following cases: (2) When the adopted has abandoned the home of the adopters during minority for at least one year, or, by some other acts, has definitely repudiated the adoption. In case there in no such majority, the court shall decide, taking into consideration the best interests of said children. 76. 18. 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. Nakapaloob dito ang resulta nang halos 8 taon na pagsusuri at pagsasagawa ng 2 komite sa dating Batasang Pambansa. (109a). (n), Art. (256a). 200. Art. When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief. (261a). The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. (287a), Art. 122. 220. Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage. 247. 209, otherwise known as the “Family Code of the Philippines.” 173. (n), Art. Transportation shall include expenses in going to and from school, or to and from place of work. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. (296a), Art. After dissolution of the absolute community or of the conjugal partnership, the provisions on complete separation of property shall apply. If the property is sold for more than the total amount of said obligation, the donee shall be entitled to the excess. The parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. 252. If both spouses of the subsequent marriage acted in bad faith, said marriage shall be void. (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. In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary. In case of contractual support or that given by will, the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution. 174. (263a). /* newpages_2012-ATF */ 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. (318a). 213. 24. The excess, if any, shall be delivered to the judgment debtor. (6) Unless otherwise agreed upon by the parties, in the partition of the properties, the conjugal dwelling and the lot on which it is situated shall be adjudicated to the spouse with whom the majority of the common children choose to remain. Legitimation shall take place by a subsequent valid marriage between parents. 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. 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. 51. Upon proper petition or at its own instance, the court may terminate the commitment of the child whenever just and proper. 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 paragraph (2) of Article 121. If any provision of this Code is held invalid, all the other provisions not affected thereby shall remain valid. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate: (2) Between brothers and sisters, whether of the full or half blood. (n), Art. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution.(349a). Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided: (1) The spouse; (2) The descendants in the nearest degree; (3) The ascendants in the nearest degree; and (4) The brothers and sisters. (n), Art. Unless subsequently revived by a final judgment, parental authority also terminates: (1) Upon adoption of the child; (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. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from documentary stamp tax. For the validity of any marriage settlement executed by a person upon whom a sentence of civil interdiction has been pronounced or who is subject to any other disability, it shall be indispensable for the guardian appointed by a competent court to be made a party thereto. 176. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided: (2) The descendants in the nearest degree; (3) The ascendants in the nearest degree; and. On August 3, 1988, the Family Code of the Philippines finally took effect. (272a), Art. For purpose of computing the net profits subject to forfeiture in accordance with Articles 43, No. In case of foundlings, abandoned neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of children’s homes, orphanages and similar institutions duly accredited by the proper government agency. (17a), Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (292a). family code ng Pilipinas. 145. No marriage shall be valid, unless these essential requisites are present: (1) Legal capacity of the contracting parties who must be a male and a female; and, (2) Consent freely given in the presence of the solemnizing officer. In the absence of such authority or consent, the disposition or encumbrance shall be void. (n). (193a), Art. 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. Be stamped in bold characters on the same way and on the face every... 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