1. RIGHTS OF THE LESSOR Rights of the lessor: 1) To rescission and indemnification for damages; If the lessor or the lessee should not comply with the obligations set forth in Articles 1654 [lessor’s obligations] and 1657 [lessee’s obligations], the aggrieved party may ask for the rescission of the contract and indemnification for damages, or…
Lease in general, Lease Law 1. IN GENERAL The contract of lease may be of things, or of work and service. (Article 1642, Civil Code) a. Things ⦁ Definite period; Indefinite period – subject to 99-year lease limitation. In the lease of things, one of the parties binds himself to give to another the enjoyment…
Concept: Retroactivity. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. (Article 256, Family Code) Concept: Vested right. A vested right is one whose existence, effectivity and extent do not depend upon events foreign to the will…
1. GENERAL PROVISIONS Scope and extent of parental authority. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and…
1. WHAT IT COMPRISES Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. (Article 194, Family Code) The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade…
1. Domestic adoption (R.A. No. 8552) a. Who may adopt Who may adopt: 1) Filipino citizen – Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at…
1. Legitimate children Concept: Legitimate children. Children conceived or born during the marriage of the parents are legitimate.(Article 164, Ibid.) Conceived or born during marriage. Children conceived or born during the marriage of the parents are legitimate. (Ibid.) Artificial insemination. Children conceived as a result of artificial insemination of the wife with the sperm of…
1. WHAT CONSTITUTES A FAMILY HOME The family home, constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated. (Article 152, Ibid.) When deemed constituted. The family home is deemed constituted…
1. Property Relations Community property – “is the shared pool of assets and income that both spouses jointly own and administer during the marriage.” (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 21 April 2025]) Property relations – “in the context of married couples refer to the legal system that governs…
1. Rights and Obligations a. To live together Art. 68. The husband and wife are obliged to live together x x x 1) As expressed in Article 6845 of the Family Code, the marital covenants include the mutual obligations of husband and wife to live together, observe love, respect and fidelity and to help and…