Article 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In this case, the heirs shall have a period of five years within which to institute the action. The action already commenced by the child shall survive notwithstanding the death of either or both of the parties. (268a) During his or her lifetime the law allows a child to prove his legitimate filiation. Such right is transmissible to his/her heirs if he should die during minority or in a state of insanity where the heirs shall have a period of five years within which to institute the action. The law on succession is the obvious purpose of the law because it will benefit the legitimate children. However, if not brought within five years after the death of the father in case he died a minor or in a state of insanity the action will prescribe. In short, it is considered that they ...
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Article 126. The conjugal partnership terminates 1. Upon the death of either spouse 2. When there is a decree of legal separation 3. When the marriage is annulled or declared void, or 4. In case of judicial separation of property during the marriage under Articles 134 to 138. (175a) According to the conjugal partnership of gains regime , the couple’s properties will be like this: 1. Properties acquired by the husband before he got married shall be exclusively his, the same way that the wife’s will be hers. 2. However, when they get married their exclusive properties shall be joined as part of a one estate within the conjugal property and the “fruits” of those properties shall be shared for the duration of the marriage. In addition, any property acquired during their marriage...
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RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE Article 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. When wife may establish separate dwelling · The husband is immoderate or barbaric in his demands for sexual intercourse. · Gross insult made upon her by the husband · He maltreats her Living together, a personal act. A wife cannot be compelled to go back if she refuses to live with her husband because the act of living together is a personal act and it is not demandable by a court of action. The husband and wife can only be fulfilled the duty of living together if they are physically together. A wife cannot be compelled by her husband to return to their common home using mandatory injunction. CASE: G.R. No. L-17014 August 11, 1921...
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Substitute and Special Parental Authority Article 216. In default of parents or a judicially appointed guardian, the following persons shall exercise substitute parental authority over the child in order indicated: 1. The surviving grandparent, as provided in Art. 214; 2. The oldest brother and sister, over twenty-one years of age, unless unfit or disqualified; and 3. The child’s actual custodian, over twenty-one years of age, unless unfit or disqualified. Whenever the appointment of a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. (39a,351a,354a) Rules: 1. The Law states that the surviving grandparents are preferred over all other persons. 2. The custody of a child may be awarded to strangers as provided by law. In certain...
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Article 26 (Requisites of Marriage) All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38. Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validity obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by E.O No. 227) Rules on foreign marriages of Filipinos It is valid in the Philippines if the marriage is between a Filipino citizen who solemnize in a foreign country. Except when the marriage abroad by a Filipinos is bigamous it is considered void even if valid on the country where it was celebrated. The Philippine law is the one who determines their legal capacity The injustice of the old p...
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CIVIL PERSONALITY Article 41. 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. (30a) The law avoids an abortion of six-month fetus because the child is well-formed and may live if he is already seven months, also it is considered as birth. Under Article 1025 of the Civil Code in order to be capacitated to inherit, the heir, devisee or legatee must be living in the moment of succession, except in the case of representation. Illustration: RV executed a will instituting the fetus inside Lyn’s womb. When Lyn’s gave birth to a child it had an intra-uterine life of 8 months. But if the child dies after birth and already considered born he would transmit successional rights to his heir. Remember that ta...
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THE CIVIL CODE R.A. NO. 386 Article 14. Penal Laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippines territory, subject to the principles of public international law and to treaty stipulations. In Philippine territory the law makes obligatory penal law and those of public security and safety upon all who live or sojourn. So, even if a Japanese citizen is a mere guest in the Philippines, he is still liable from the crime he commits here in the Philippines. Illustration: Vincent is a Japanese citizen who is having a vacation in Laguna. He met Rose and he decided to rape her inside his house. He is liable and can be charged with rape. According to Art. 14 everybody who sojourns on Philippine territory is bound by Philippine penal laws and those of public safety so He cannot invoke that he is a foreigner. The rule would be different if Vincent is a Japanese Ambassador because the Philippine penal laws an...