what is civil code of the philippines

Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. Exemplary damages may also be adjudicated. 88. Damages may be awarded in the following cases when the marriage is judicially annulled or declared void from the beginning: (1) If there has been fraud, force or intimidation in obtaining the consent of one of the contracting parties; (2) If either party was, at the time of the marriage, physically incapable of entering into the married state, and the other party was unaware thereof; (3) If the person solemnizing the marriage was not legally authorized to perform marriages, and that fact was known to one of the contracting parties, but he or she concealed it from the other; (4) If a bigamous or polygamous marriage was celebrated, and the impediment was concealed from the plaintiff by the party disqualified; (5) If in an incestuous marriage, or a marriage between a stepbrother and a stepsister or other marriage prohibited by article 82, the relationship was known to only one of the contracting parties but was not disclosed to the other; (6) If one party was insane and the other was aware thereof at the time of the marriage. In Tayag vs. Benguet consolidated, the SC said that Philippine law shall govern incases involving shares of stock of a Philippine corporation even if the owner is in theUS.Art. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. Under Article 15, the Philippines follows the nationality theory. Libel under Article 353 of the Revised Penal Code is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. (8a), Art. Book I of the Civil Code, which governed marriage and family law , was supplanted by the Family Code in 1987. The common characteristics of contracts are: 1. The Civil Code of the Philippines is the product of the codification of private law in the Philippines. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. However, if what is involved is not the formal requirements, then the law of theplace where the properties (whether real or personal) are located shall govern.Art. 71. When a marriage is annulled, the court shall award the custody of the children as it may deem best, and make provision for their education and support. - Different Kinds of Easements Art. - CLASSIFICATION OF PROPERTY PRELIMINARY PROVISIONS Art. ... Civil Code: June 18, 1949: Republic Act No. The local civil registrar shall issue the proper license if each of the contracting parties swears separately before him or before any public official authorized to administer oaths, to an application in writing setting forth that such party has the necessary qualifications for contracting marriage. Article 35, Family CodeArt. 12. 10. 36. 3613). Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. (30a). The local civil registrar shall post during ten consecutive days at the main door of the building where he has his office a notice, the location of which shall not be changed once it has been placed, setting forth the full names and domiciles of the applicants for a marriage license and other information given in the application. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost. (10a), Art. The following marriages shall also be void from the beginning: (1) Between stepfathers and stepdaughters, and stepmothers and stepsons; (2) Between the adopting father or mother and the adopted, between the latter and the surviving spouse of the former, and between the former and the surviving spouse of the latter; (3) Between the legitimate children of the adopter and the adopted. (20), Art. Prohibitive laws concerning persons, their acts or property, and those which have, for their object, public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. 2. This Act shall be known as the “Civil Code of the Philippines.” (n) Art. If months are designated by their name, they shall be computed by the number of days which they respectively have. New Civil Code. 32. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. 7991, January 29, 1914. 3. 961: Coconut Industry Code: June 11, 1978: Code of Commerce: Republic Act No. Such civil action may be supported by a preponderance of evidence. 96. A marriage may be annulled for any of the following causes, existing at the time of the marriage: (1) That the party in whose behalf it is sought to have the marriage annulled was between the ages of sixteen and twenty years, if male, or between the ages of fourteen and eighteen years, if female, and the marriage was solemnized without the consent of the parent, guardian or person having authority over the party, unless after attaining the ages of twenty or eighteen years, as the case may be, such party freely cohabited with the other and both lived together as husband and wife; (2) In a subsequent marriage under Article 83, Number 2, that the former husband or wife believed to be dead was in fact living and the marriage with such former husband or wife was then in force; (3) That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife; (4) 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 her husband or his wife, as the case may be; (5) That the consent of either party was obtained by force or intimidation, unless the violence or threat having disappeared, such party afterwards freely cohabited with the other as her husband or his wife, as the case may be; (6) That either party was, at the time of marriage, physically incapable of entering into the married state, and such incapacity continues, and appears to be incurable. 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Dated 01 September 2009 entitled Special Rules of court on Alternative Dispute Resolution ( Special ADR ).

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