FAMILY CODE OF THE PHILIPPINES

  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...

  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...