Person And Family Relations Law Pdf
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- Persons and family relations
- Persons and Family Relations (Sta. Maria)
- Persons and Family Relations (Sta. Maria)
- Persons and family relations
Persons and family relations is one of the subjects covered in civil law in the Philippine Bar Examinations. Persons and family relations mainly deals with the issues of family matters such as marriage, annulment and voiding of marriages, adoption, property settlements between spouses, parental authority, support for spouses and children, emancipation, legitimes inheritance of children from their parents and between relatives.
Persons and family relations
Article Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.
Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements.
The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion.
A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb.
However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other.
The following are juridical persons:. Juridical persons mentioned in Nos. Private corporations are regulated by laws of general application on the subject. Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships.
Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization. Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned in No.
If nothing has been specified on this point, the property and other assets shall be applied to similar purposes for the benefit of the region, province, city or municipality which during the existence of the institution derived the principal benefits from the same. The following are citizens of the Philippines:. Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence.
When the law creating or recognizing them, or any other provision does not fix the domicile of juridical persons, the same shall be understood to be the place where their legal representation is established or where they exercise their principal functions.
The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support, under article In case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred. In case of ascendants, the paternal shall have a better right. Every funeral shall be in keeping with the social position of the deceased.
The funeral shall be in accordance with the expressed wishes of the deceased. In the absence of such expression, his religious beliefs or affiliation shall determine the funeral rites.
In case of doubt, the form of the funeral shall be decided upon by the person obliged to make arrangements for the same, after consulting the other members of the family. No human remains shall be retained, interred, disposed of or exhumed without the consent of the persons mentioned in articles and Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages, material and moral.
The construction of a tombstone or mausoleum shall be deemed a part of the funeral expenses, and shall be chargeable to the conjugal partnership property, if the deceased is one of the spouses.
Every child:. Every child shall:. Every parent and every person holding substitute parental authority shall see to it that the rights of the child are respected and his duties complied with, and shall particularly, by precept and example, imbue the child with highmindedness, love of country, veneration for the national heroes, fidelity to democracy as a way of life, and attachment to the ideal of permanent world peace.
The government promotes the full growth of the faculties of every child. For this purpose, the government will establish, whenever possible:. The Council for the Protection of Children shall look after the welfare of children in the municipality. It shall, among other functions:.
Juvenile courts will be established, as far as practicable, in every chartered city or large municipality. Whenever a child is found delinquent by any court, the father, mother, or guardian may in a proper case be judicially admonished.
In all questions on the care, custody, education and property of children the latter's welfare shall be paramount. No mother shall be separated from her child under seven years of age, unless the court finds compelling reasons for such measure. See Pertinent Adoption Laws. Legitimate and legitimated children shall principally use the surname of the father. An adopted child shall bear the surname of the adopter. A natural child acknowledged by both parents shall principally use the surname of the father.
If recognized by only one of the parents, a natural child shall employ the surname of the recognizing parent. Natural children by legal fiction shall principally employ the surname of the father.
Illegitimate children referred to in article shall bear the surname of the mother. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father.
A married woman may use:. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband's surname, unless:. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation. A widow may use the deceased husband's surname as though he were still living, in accordance with article In case of identity of names and surnames, the younger person shall be obliged to use such additional name or surname as will avoid confusion.
In case of identity of names and surnames between ascendants and descendants, the word "Junior" can be used only by a son. Grandsons and other direct male descendants shall either:. No person can change his name or surname without judicial authority. Usurpation of a name and surname may be the subject of an action for damages and other relief.
The unauthorized or unlawful use of another person's surname gives a right of action to the latter. The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. Pen names and stage names cannot be usurped. Except as provided in the preceding article, no person shall use different names and surnames.
When a person disappears from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property, the judge, at the instance of an interested party, a relative, or a friend, may appoint a person to represent him in all that may be necessary. This same rule shall be observed when under similar circumstances the power conferred by the absentee has expired.
The appointment referred to in the preceding article having been made, the judge shall take the necessary measures to safeguard the rights and interests of the absentee and shall specify the powers, obligations and remuneration of his representative, regulating them, according to the circumstances, by the rules concerning guardians. In the appointment of a representative, the spouse present shall be preferred when there is no legal separation.
If the absentee left no spouse, or if the spouse present is a minor, any competent person may be appointed by the court. Two years having elapsed without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in charge of the administration of his property, his absence may be declared.
The following may ask for the declaration of absence:. The judicial declaration of absence shall not take effect until six months after its publication in a newspaper of general circulation.
An administrator of the absentee's property shall be appointed in accordance with article The wife who is appointed as an administratrix of the husband's property cannot alienate or encumber the husband's property, or that of the conjugal partnership, without judicial authority.
The administration shall cease in any of the following cases:. In these cases the administrator shall cease in the performance of his office, and the property shall be at the disposal of those who may have a right thereto. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years.
If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. The following shall be presumed dead for all purposes, including the division of the estate among the heirs:. If the absentee appears, or without appearing his existence is proved, he shall recover his property in the condition in which it may be found, and the price of any property that may have been alienated or the property acquired therewith; but he cannot claim either fruits or rents.
Whoever claims a right pertaining to a person whose existence is not recognized must prove that he was living at the time his existence was necessary in order to acquire said right. Without prejudice to the provision of the preceding article, upon the opening of a succession to which an absentee is called, his share shall accrue to his coheirs, unless he has heirs, assigns, or a representative. They shall all, as the case may be, make an inventory of the property. The provisions of the preceding article are understood to be without prejudice to the action of petition for inheritance or other rights which are vested in the absentee, his representatives or successors in interest.
These rights shall not be extinguished save by lapse of time fixed for prescription. In the record that is made in the Registry of the real estate which accrues to the coheirs, the circumstance of its being subject to the provisions of this article shall be stated. Those who may have entered upon the inheritance shall appropriate the fruits received in good faith so long as the absentee does not appear, or while his representatives or successors in interest do not bring the proper actions.
Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. The following shall be entered in the civil register:. In cases of legal separation, adoption, naturalization and other judicial orders mentioned in the preceding article, it shall be the duty of the clerk of the court which issued the decree to ascertain whether the same has been registered, and if this has not been done, to send a copy of said decree to the civil registry of the city or municipality where the court is functioning.
The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. Every civil registrar shall be civilly responsible for any unauthorized alteration made in any civil register, to any person suffering damage thereby. However, the civil registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration.
Persons and Family Relations (Sta. Maria)
Article Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion.
Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion. A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.
Persons and Family Relations (Sta. Maria)
No marriage shall be valid, unless these essential requisites are present:. A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. No prescribed form or religious rite for the solemnization of the marriage is required. 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.
Effectivity of laws. This refers to the 15 day period and NOT to the requirement of publication. Tanada vs. NOTE: Administrative rules and regulations must also be published if their purpose is to enforce or implement existing laws pursuant to a valid delegation. The publication must be in full since its purpose is to inform the public of the contents of the law.
Persons and family relations
Albano, Ed Vincent A. Albano, Jr. Melencio S. Maria, Jr. Significant amendments to the Family Codeand other related laws are incorporated andexplained.
В разговор вмешался новый участник. - Д-директор. Все повернулись к экрану. Это был агент Колиандер из Севильи. Он перегнулся через плечо Беккера и заговорил в микрофон: - Не знаю, важно ли это, но я не уверен, что мистер Танкадо знал, что он пал жертвой покушения. - Прошу прощения? - проговорил директор. - Халохот был профессионалом высокого уровня, сэр.
Когда Сьюзан вернулась в Третий узел, Грег Хейл как ни в чем не бывало тихо сидел за своим терминалом. ГЛАВА 30 Альфонсо XIII оказался небольшим четырехзвездочным отелем, расположенным в некотором отдалении от Пуэрта-де-Хереса и окруженным кованой чугунной оградой и кустами сирени. Поднявшись по мраморным ступенькам, Дэвид подошел к двери, и она точно по волшебству открылась.
Сядь. - На этот раз это прозвучало как приказ. Сьюзан осталась стоять.
Стратмор прав. Это просто как день. Как они этого сразу не заметили. Северная Дакота - вовсе не отсылка к названию американского штата, это соль, которой он посыпал их раны.
- Он обошел Сквозь строй. Посмотри.