NEW CIVIL CODE 17 Duty of the local registrar (notice)

# Subject of Provision 18 Investigative power of the LCR and court intervention

1 Title 19 Payment of fees for marriage license
2 Effectivity of laws 20 Validity of marriage license
3 Ignorance of the law 21 Certificate/affidavit of legal capacity
4 Non-retroactivity of laws 22 Marriage certificate
5 Mandatory and prohibitory laws Duty of solemnizing officer to furnish copies of marriage
23
6 Prohibition against waiver certificate
7 Repeal / unconstitutional status / rules, admin/exec acts Duty of the LCR (prepare documents and administer
24
8 Judicial decisions oaths)
9 Duty of judges 25 LCR register marriage licenses filed
10 Doubtful statutes 26 Lex loci celebrationis / obtain divorce abroad
11 27 Marriages exempt from license requisite (articulo mortis)
Customs 28 Marriages exempt from license requisite (remote place)
12
13 Computation of legal period 29 Duty of solemnizing officer – affidavit and sent to LCR
14 Generality principle (penal laws) 30 w/in 30 days
15 Laws relating to family rights, duties, and persons 31 Articulo mortis – ship captain / airplane pilot
16 Properties 32 Articulo mortis – military commander
17 Forms and solemnities of contracts and wills Marriages of Muslims and members of ethnic cultural
33
18 Suppletory nature to Code of Commerce communities
19 Abuse of right – standards 34 Cohabitation, 5 years, no legal impediments
20 Abuse of right – damages (crime) 35 Void marriages
21 Abuse of right – damages (acts contrary to morals, good 36 Psychological incapacity
customs or public policy) 37 Void marriages for being incestuous
34 Independent civil actions – city or municipal police 38 Void marriages for reason of public policy
refusing/failing to render protection 39 Non-prescription of declaration of absolute nullity
37 Judicial capacity and capacity to act 40 Judicial declaration of nullity
38 Restriction on capacity to act 41 Bigamous marriage + presumptive death
39 Modifications on capacity to act 42 Affidavit of reappearance
40 43 Effects of termination of subsequent marriages
Commencement of civil personality
41 44 Marriage (both parties) contracted in bad faith
42 Termination of civil personality 45 Grounds for annulment
43 Proof of death 46 Circumstances that constitute fraud
44 Juridical persons 47 Prescription period for annulment
45 Procedure for annulment + nullity cases (role of
Laws governing juridical persons 48
46 prosecuting attorney or fiscal)
47 Dissolution of juridical persons Procedure for annulment + nullity cases (support for
49
111 Cohabitation, respect, etc. (compare w/ Art. 68, 60, FC) spouse and children)
115 Management of the household (compare w/ Art. 71, FC) 50 Effect of judgment of annulment and nullity
370 51 Presumptive legitimes
373 Rights and obligations between husband and wife – 52 Recordings in LCR and registries of property
377 use of surname 53 Noncompliance with requirements
378 54 Effect of JDAOM or JDNOM on status of children
390 55 Grounds for legal separation
Absence – restrictions on capacity to act 56 Grounds to deny legal separation
391
1327 57 Prescription period for action of legal separation
1328 Insanity – effects on contracts 58 6-month period before case can be tried
1399 59 Reconciliation
1327 60 Procedure for legal separation
807 State of being deaf mute – restrictions on capacity to act 61 - Role of prosecuting officer or fiscal
820 - Live separately
1109 62 - Management of property during suit
Family relations – restrictions on capacity to act - Support for the spouse, custody, support of children
1490
63 Effect of legal separation
64 Effect of legal separation on donations
FAMILY CODE 65 Join manifestation of reconciliation
# Subject of Provision 66 Consequences of JMOR
1 Marriage 67 Effect of JMOR on reviving property regime
2 Essential requisites 68 Rights and obligations – standards
3 Formal requisites 69 Family domicile
4 Absence/defect of requisites 70 Expenses for support
5 Legal capacity 71 Expenses for household management
6 Marriage ceremony 72 Relief for neglect of duties / injury
7 Authorized solemnizing officers Non-consent for profession/activity + separate property
8 Venue of marriage 73
liability
9 Place of issue of marriage license
Marriages solemnized by consul-general, consul, vice
10 REPUBLIC ACTS
consul
11 Application for marriage license # Subject of Laws
Documentary requirements for application of marriage 6809 Minority – lowered age of majority from 21 to 18 years
12 9344 Minority – established a comprehensive juvenile justice
license
13 Contracting party previously married and welfare system
14 Parental consent 9048 Correcting cleric or typographical errors in an entry
15 Parental advice and/or change of first name or nickname w/out need for
judicial order
16 Marriage counseling
8533 Nullified prescriptive period for action or defenses
grounded on psychological incapacity
10354 RH Law
8353 Anti-Rape Law
9262 Anti-VAWC Act of 2004
9710 Magna Carta for Women
8239 Philippine Passport Act of 1996 – cannot revert back to
maiden name once spouse’s surname has been used
in previous passports

RULES OF COURT
# Subject of Rules
131 Section 3(jj) – two persons perish in the same calamity,
not shown who died first à provides for rules on
survivorship
92 Section 2 – meaning of the word “incompetent” as it
applies to prodigality
103 Change of name
- Petition to CFI
- Filed, signed, and verified by the person
- Bona fide resident for at least 3 years
- Cause for which the change is sought
- State the name asked for
108 Cancellation or correction of entries in the civil registry
- Petition to CFI
- Any person interested may file
- Valid grounds (births, marriages, deaths, legal
separation, judgment of annulment, judgment of
nullity, legitimation, adoption, acknowledgment of
natural children, naturalization, election/loss/recovery
of citizenship, civil interdiction, judicial determination
of filiation, voluntary emancipation of a minor,
change of name)