1. Concept Personal property or movable property – under the Civil Code, refers to property that is movable or all things that can be transferred from one place to another without damaging real property where such personal/movable property may be fixed. a. Legal basis Article 416. The following things are deemed to be personal property:…
Article 393. Whoever claims a right pertaining to a person whose existence is not recognized must prove that he was living at the time his existence was necessary in order to acquire said right. (195) Article 394. Without prejudice to the provision of the preceding article, upon the opening of a succession to which an…
Article 390. 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…
Article 387. An administrator of the absentee’s property shall be appointed in accordance with article 383. (187a) Notes: 1) Spouse present preferred, if no legal separation. The rule on preferring the spouse present to be the administrator of an absentee’s property is adopted for purpose of administration of property. a. Same; Article 383, Civil Code:…
Article 384. Two years having elapsed without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in charge of the administration of his property, his absence may be declared. (184) Article 385. The following may ask for the declaration of…
Article 381. When a person disappears from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property, the judge, at the instance of an interested party, a relative, or a friend, may appoint a person to represent him in all that may be necessary. This same rule shall be observed…
Notes: 1) Chapters 1 and 2, Title V, Book I of the Civil Code provided for the provisions on the Age of Majority. However, it has been superseded by the Executive Order No. 209 (series of 1987; otherwise known as the Family Code), which in turn has been amended by Republic Act No. 6809. See:…
Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of eighteen years. (As amended by R.A. 6809) Art. 236. Emancipation shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life, save…
Article 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. (325a) Article 408. The following shall be entered in the civil register: (1) Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments of marriage; (6) judgments declaring marriages void from the beginning; (7) legitimations;…
What is RA 9048? Republic Act No. 9049 (henceforth, “RA 9048”) is a law which allowed the changing of entries in the civil registry without the need for a judicial order: Provided, That it is limited to “clerical or typographical errors and change of first name or nickname, the day and month in the date…