Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
(2) Between brothers and sisters, whether of the full or half blood
Art 87 FC
Every donation or grant of gratuitous advantage, direct or indirect,
between the spouses during the marriage shall be void, except
moderate gifts which the spouses may give each other on the occasion
of any family rejoicing. The prohibition shall also apply to persons living
together as husband and wife without a valid marriage.
Art 215
No descendant shall be compelled, in a criminal case, to testify against
his parents and grandparents, except when such testimony is
indispensable in a crime against the descendant or by one parent
against the other.
Absence
Art 390 NCC
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
Art. 391
The following shall be presumed dead for all purposes, including the
division of the estate among the heirs:
(1)
(2)
A person in the armed forces who has taken part in war, and has
been missing for four years;
(3)
Art 41 FC
(3) The right of the family to a family living wage and income; and
(4) The right of families or family associations to participate in the
planning and implementation of policies and programs that affect
them.
Sec 4, Article 15 1987 Constitution
The family has the duty to care for its elderly members but the State
may also do so through just programs of social security
Aguiling-Panganalanan, Marriage and unmarried cohabitation
Requisites of Marriage
Art 2 Family Code
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
Art 3 Family Code
The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter
2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the
contracting parties before the solemnizing officer and their personal
declaration that they take each other as husband and wife in the
presence of not less than two witnesses of legal age
Art 16 Code of Muslim Personal Laws
Capacity to contract marriage.
(1) Any Muslim male at least fifteen years of age and any Muslim
female of the age of puberty or upwards and not suffering from any
impediment under the provisions of this Code may contract marriage.
A female is presumed to have attained puberty upon reaching the age
of fifteen.
(2) However, the Shari'a District Court may, upon petition of a proper
wali, order the solemnization of the marriage of a female who though
less than fifteen but not below twelve years of age, has attained
puberty.
(3)Marriage through a wali by a minor below the prescribed ages shall
be regarded as betrothal and may be annulled upon the petition of
either party within four years after attaining the age of puberty,
provided no voluntary cohabitation has taken place and the wali
who contracted the marriage was other than the father or paternal
grandfather.
Art 17 Code of Muslim Personal Laws
Marriage ceremony. No particular form of marriage ceremony is
required but the ijab and the gabul in marriage shall be declared
publicly in the presence of the person solemnizing the marriage and
two competent witnesses. This declaration shall be set forth in an
instrument in triplicate, signed or marked by the contracting parties
and said witnesses, and attested by the person solemnizing the
marriage. One copy shall be given to the contracting parties and
another sent to the Circuit Registrar by the solemnizing officer who
shall keep the third.
Art 18 Code of Muslim Personal Laws
Authority to solemnize marriage. Marriage may be solemnized:
(a) By the proper wali of the woman to be wedded;
(b) Upon authority of the proper wali, by any person who is competent
under Muslim law to solemnize marriage; or
(c) By the judge of the Shari'a District Court of Shari'a Circuit Court or
any person designated by the judge, should the proper wali refuse
without justifiable reason, to authorize the solemnization.
Section 22 Article 2 1987 Constitution
The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.
Section 17 Article 14 1987 Constitution
The State shall recognize, respect, and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions,
and institutions. It shall consider these rights in the formulation of
national plans and policies.
Section 2 (c) The indigenous peoples rights act 1977
Declaration of State Policies. - The State shall recognize and
promote all the rights of Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs) hereunder enumerated within the framework of the
Constitution:
c) The State shall recognize, respect and protect the rights of ICCs/IPs
to
preserve and develop their cultures, traditions and institutions. It shall
consider these rights in the formulation of national laws and policies;
Section 29 The indigenous peoples rights act 1977
Protection of Indigenous Culture, traditions and institutions. The state shall respect, recognize and protect the right of the ICCs/IPs
to
preserve and protect their culture, traditions and institutions. It shall
consider these rights in the formulation of national plans and policies.
Section 32. The indigenous peoples rights act 1977
Community Intellectual Rights. ICCs/IPs have the right to practice and
revitalize their own cultural traditions and customs. The State shall
preserve, protect and develop the past, present and future
manifestations of their cultures as well as the right to the restitution of
cultural, intellectual, religious, and spiritual property taken without
their free
and prior informed consent or in violation of their laws, traditions and
customs.
Essential Requisites (Legal Capacity)
1. Male and female
Rule 103, Rules of court
Section 1. Venue. A person desiring to change his name shall
present the petition to the Court of First Instance of the province in
which he resides, or, in the City of Manila, to the Juvenile and Domestic
Relations Court.
Section 2. Contents of petition. A petition for change of name shall
be signed and verified by the person desiring his name changed, or
some other person on his behalf, and shall set forth:
(a)
That the petitioner has been a bona fide resident of the province
where the petition is filed for at least three (3) years prior to the date
of such filing;
(b)
The cause for which the change of the petitioner's name is
sought;
(c)
(1) "City or Municipal civil registrar" refers to the head of the local civil
registry office of the city or municipality, as the case may be, who is
appointed as such by the city or municipal mayor in accordance with
the provisions of existing laws.
(2) "Petitioner" refers to a natural person filing the petition and who
has direct and personal interest in the correction of a clerical or
typographical error in an entry or change of first name or nickname in
the civil register.
(3) "Clerical or typographical error" refers to a mistake committed in
the performance of clerical work in writing, copying, transcribing or
typing an entry in the civil register that is harmless and innocuous,
such as misspelled name or misspelled place of birth or the like, which
is visible to the eyes or obvious to the understanding, and can be
corrected or changed only by reference to other existing record or
records: Provided, however, That no correction must involve the
change of nationality, age, status or sex of the petitioner.
(4) "Civil Register" refers to the various registry books and related
certificates and documents kept in the archives of the local civil
registry offices, Philippine Consulates and of the Office of the Civil
Registrar General.
(5) "Civil registrar general" refers to the Administrator of the National
Statistics Office which is the agency mandated to carry out and
administer the provision of laws on civil registration.
(6) "First name" refers to a name or nickname given to a person which
may consist of one or more names in addition to the middle and last
names.
Section 3. Who May File the Petition and Where. Any person having
direct and personal interest in the correction of a clerical or
typographical error in an entry and/or change of first name or
nickname in the civil register may file, in person, a verified petition
with the local civil registry office of the city or municipality where the
record being sought to be corrected or changed is kept.
In case the petitioner has already migrated to another place in the
country and it would not be practical for such party, in terms of
transportation expenses, time and effort to appear in person before the
local civil registrar keeping the documents to be corrected or changed,
the petition may be filed, in person, with the local civil registrar of the
place where the interested party is presently residing or domiciled. The
(3) Other documents which the petitioner or the city or municipal civil
registrar or the consul general may consider relevant and necessary
for the approval of the petition.
In case of change of first name or nickname, the petition shall likewise
be supported with the documents mentioned in the immediately
preceding paragraph. In addition, the petition shall be published at
least once a week for two (2) consecutive weeks in a newspaper of
general circulation. Furthermore, the petitioner shall submit a
certification from the appropriate law enforcement agencies that he
has no pending case or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies
to be distributed as follows: first copy to the concerned city or
municipal civil registrar, or the consul general; second copy to the
Office of the Civil Registrar General; and third copy to the petitioner.
Section 6. Duties of the City or Municipal Civil Registrar or the Consul
General. The city or municipal civil registrar or the consul general to
whom the petition is presented shall examine the petition and its
supporting documents. He shall post the petition in a conspicuous
place provided for that purpose for ten (10) consecutive days after he
finds the petition and its supporting documents sufficient in form and
substance.
The city or municipal civil registrar or the consul general shall act on
the petition and shall render a decision not later than five (5) working
days after the completion of the posting and/or publication
requirement. He shall transmit a copy of his decision together with the
records of the proceedings to the Office of the Civil Registrar General
within five (5) working days from the date of the decision.
Section 7. Duties and Powers of the Civil Registrar General. The civil
registrar general shall, within ten (10) working days from receipt of the
decision granting a petition, exercise the power to impugn such
decision by way of an objection based on the following grounds:
(1) The error is not clerical or typographical;
(2) The correction of an entry or entries in the civil register is
substantial or controversial as it affects the civil status of a person; or
(3) The basis used in changing the first name or nickname of a person
does not fall under Section 4.
The civil registrar general shall immediately notify the city or municipal
civil registrar or the consul general of the action taken on the decision.
Upon receipt of the notice thereof, the city or municipal civil registrar
or the consul general shall notify the petitioner of such action.
The petitioner may seek reconsideration with the civil registrar general
or file the appropriate petition with the proper court.
If the civil registrar general fails to exercise his power to impugn the
decision of the city or municipal civil registrar or of the consul general
within the period prescribed herein, such decision shall become final
and executory.
Where the petition is denied by the city or municipal civil registrar or
the consul general, the petitioner may either appeal the decision to the
civil registrar general or file the appropriate petition with the proper
court
Essential Requisites (Consent Freely Given)
Art 4 Family Code
The absence of any of the essential or formal requisites shall render
the marriage void ab initio, except as stated in Article 35 (2).
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.
Art 45 (3) Family code
A marriage may be annulled for any of the following causes, existing at
the time of the marriage
That the consent of either party was obtained by fraud, unless such
party afterwards, with full knowledge of the facts constituting the
fraud, freely cohabited with the other as husband and wife;
Breach of Promise to Marry
Art 19 Civil Code
Every person must, in the exercise of his rights and in the performance
of his duties, act with justice, give everyone his due, and observe
honesty and good faith.
Art 20 Civil Code