48. In any case, the proceeds thus give in whole or in part shall not be charged to the child's legitime. (5) The presumptive legitimes of the common children shall be delivered upon partition, in accordance with Article 51. Art. In the absence of such authority or consent, the disposition or encumbrance shall be void. Art. 92. (76a). In the latter case, the property not agreed upon as separate shall pertain to the absolute community. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court. The original of the affidavit required in the last preceding article, together with the legible copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage. If the community property is insufficient to cover the foregoing liabilities, except those falling under paragraph (9), the spouses shall be solidarily liable for the unpaid balance with their separate properties. In these cases, the heirs shall have a period of five years within which to institute the action. Art. 91 and PD 603). To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property. 48. Real property as well as personal property is subject to the law of the country where it is stipulated. The same rule and presumption shall apply to joint deposits of money and evidences of credit. 16. Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. ARTICLES 220-221 of the FAMILY CODE OF THE PHILIPPINES. (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. 41. 130. (299a), Art. Any of the following shall be considered sufficient cause for judicial separation of property: (2) That the spouse of the petitioner has been judicially declared an absentee; (3) That loss of parental authority of the spouse of petitioner has been decreed by the court; (4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article 101; (5) That the spouse granted the power of administration in the marriage settlements has abused that power; and. (247a, 248a), Art. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. 187. In case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her previous marriage. No waiver of rights, shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property. Art. (6) Unless the owner had been indemnified from whatever source, the loss or deterioration of movables used for the benefit of the family, belonging to either spouse, even due to fortuitous event, shall be paid to said spouse from the conjugal funds, if any. 67. (243a). (n), Art. (82), Art. Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following: (1) Full name of the contracting party; (2) Place of birth; (3) Age and date of birth; (4) Civil status; (5) If previously married, how, when and where the previous marriage was dissolved or annulled; (6) Present residence and citizenship; (7) Degree of relationship of the contracting parties; (8) Full name, residence and citizenship of the father; (9) Full name, residence and citizenship of the mother; and (10) Full name, residence and citizenship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one years. 84. If a spouse without just cause abandons the other or fails to comply with his or her obligation to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property, or for authority to be the sole administrator of the conjugal partnership property, subject to such precautionary conditions as the court may impose. The Family Code echoes this constitutional edict on marriage and the family and emphasizes their permanence, inviolability and solidarity. In case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her previous marriage. Requisites of Marriage. (87a). 1 of 2000 of the Federal Negarit, Gazeta, shall come into force as of the 4th day Done at Addis Ababa, this 4th day of July, 2000. 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: Art. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court. google_ad_slot = "2596282543"; (106a), The action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation become final. 104. TITLE VI. The marriage license shall be issued after the completion of the period of publication. 232. If upon the lapse of the six-month period no liquidation is made, any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be void. Art. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. 75. you through the maze of, Even many Philippine Corporations find themselves in need of the services of a law firm to handle their compliancy issues with. 33. The administration and enjoyment of the community property shall belong to both spouses jointly. Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage. The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for legal separation, with copies of both furnished to the creditors named therein. If you continue browsing the site, you agree to the use of cookies on this website. (349a). Liquidation of the Conjugal Partnership Assets and Liabilities. BrowserCam offers Family Code of the Philippines for PC (laptop) free download. Art. The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or extra-judicial demand. Neither spouse may donate any conjugal partnership property without the consent of the other. Such consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. 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. (108a). If the increased actual value exceeds the maximum allowed in Article 157 and results from subsequent voluntary improvements introduced by the person or persons constituting the family home, by the owner or owners of the property, or by any of the beneficiaries, the same rule and procedure shall apply. .5381! 157. If the donations are onerous, the amount of the charges shall be borne by the exclusive property of the donee spouse, whenever they have been advanced by the conjugal partnership of gains. The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from documentary stamp tax. 57. 162. (n). In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. (226a). (103), Art. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. Natural filiation may be legitimate or illegitimate. 106. However, the payment of personal debts contracted by either spouse before the marriage, that of fines and indemnities imposed upon them, as well as the support of illegitimate children of either spouse, may be enforced against the partnership assets after the responsibilities enumerated in the preceding Article have been covered, if the spouse who is bound should have no exclusive property or if it should be insufficient; but at the time of the liquidation of the partnership, such spouse shall be charged for what has been paid for the purpose above-mentioned. (5) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them. Separation of Property of the Spouses and Administration of Common Property by One Spouse During the Marriage, Art. 186. (41a, PD 603). The EO was meant to supplant Book I of the Civil Code which concerns persons and family relations. Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the donee-spouses as his or her own exclusive property, and in the absence of designation, share and share alike, without prejudice to the right of accretion when proper. The court shall take measures to protect the creditors and other persons with pecuniary interest. If a spouse without just cause abandons the other or fails to comply with his or her obligation to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property, or for authority to be the sole administrator of the conjugal partnership property, subject to such precautionary conditions as the court may impose. 227, July 17, 1987) In either case, any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation of the partnership. The same rule and presumption shall apply to joint deposits of money and evidences of credit. From the time of its constitution and so long as any of its beneficiaries actually resides therein, the family home continues to be such and is exempt from execution, forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law. (62a). Children below the age of seven years are deemed to have chosen the mother, unless the court has decided otherwise. Art. 100. 197. Real property as well as personal property is subject to the law of the country where it is stipulated. 45 of The Family Code of the Philippines states 6 grounds by which the court can annul a marriage.. (n), Art. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured, the donee shall not be liable for the deficiency. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. Art. Art. Persons and Family Relations Law. The notice shall be accompanied by a copy of the petition and shall be served at the last known address of the spouse concerned. There are a few exceptions to this rule. The separation in fact between husband and wife shall not affect the regime of absolute community except that: Art. Husband and wife must jointly adopt, except in the following cases: (2) When one spouse seeks to adopt the legitimate child of the other. (178a), A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. , business or activity without the consent of the other spouse titles I, II, VI VII... In favor of the Philippines on PC for laptop Code 10 Jun 1988 the Code. 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