Retroactivity of the Family Code
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 […]
Emancipation
Concept: Emancipation. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of eighteen years.(Article 234, Family Code, as amended by R.A. 6809) Effect of emancipation. Emancipation shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts […]
Parental Authority
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 […]
Support
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 […]
Adoption
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 […]
Paternity Filiation
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 […]
Family Home
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 […]
Property relations between husband and wife
1. General provisions a. RULES GOVERNING PROPERTY REGIMES The property relationship between husband and wife shall be governed in the following order: 1) By marriage settlements executed before the marriage; 2) By the provisions of the [Family] Code; and 3) By the local custom. (Article 74, Family Code) b. KINDS OF MARRIAGE SETTLEMENTS The future […]
Rights and obligations between husband and wife
1. TO LIVE TOGETHER The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. (Article 68, Family Code) Fixed domicile. The husband and wife shall fix the family domicile. (Article 69, Ibid.) Court to decide in case of disagreement. In case of disagreement, the […]
Legal Separation
1. GROUNDS FOR LEGAL SEPARATION Grounds for legal separation: 1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; 2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; 3) Attempt of respondent to corrupt or induce the […]