The person who solemnized the marriage shall also state, in either case, that he took the necessary steps to ascertain the ages and relationship of the contracting parties and that there was in his opinion no legal impediment to the marriage at the time that it was solemnized. 7. 37, 38, and 39. 11. The New Civil Code of the Philippines states that: “Art. 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. 3. It is the general law that governs family and property relations in the Philippines. 13.Art. No other misrepresentation or deceit as to character, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. Problem: What if the decedent is a Filipino domiciled in a foreign country whichfollows the domiciliary theory?According to Professor Balane, one way to resolve the situation is this –Philippine law should govern with respect to properties in Philippine while the law ofthe domicile should govern with respect to properties located in the state of domicile.Art. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. 92. 87. Art. Examples of Civil Obligations. 43. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. 2. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. This Act shall be known as the “Civil Code of the Philippines.” (n) Art. Under the civil law tradition, the court merely applies the law. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. (16a). These contracts are enumerated under Chapter 8, Articles 1403 paragraph (2) of the Civil Code of the Philippines. (n), Art. (7a). 6 February 13, 2017 Civil Code of the Philippines:Person, Arts. 70. 96. This Act shall be known as the “Civil Code of the Philippines.” (n), Art. 6657: Comprehensive Agrarian Reform Code: June 10, 1988: Presidential Decree No. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. (1a) Art. (5a), Art. (n). 38. Art. (n) Article 2. No judgment annulling a marriage shall be promulgated upon a stipulation of facts or by confession of judgment. Art. 93. Here’s some information on conjugal property under Philippine Law, take note that the Family Code of the Philippines was revised during President Corazon Aquino’s tenure and was effected on July 6, 1987 and ownership of property, whether paraphernal or not are subject to the Family Code. Civil Code of the Philippines: Conflicts of Law Provisions, Civil Code of the Philippines:Effect of Defective Marriages on the Status of Children, Civil Code of the Philippines:Person, Arts. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and mat be proved by a preponderance of evidence. 1305. Art. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall accompany the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn declaration. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. In Miciano vs. Brimo, the SC said that the will of a foreigner containing the conditionthat the law of the Philippines should govern regarding the distribution of theproperties is invalid.In Aznar vs. Garcia, what was involved was the renvoi doctrine. Marriage is not a mere contract but an inviolable social institution. The Philippine law on arbitration includes the Civil Code of the Philippines, RA 876, the Arbitration Law, RA 9285 entitled the Alternative Dispute Resolution Act of 2004 (2004 ADR Act) and the Supreme Court's A.M. No. (17a), Art. Such application shall insofar as possible contain the following data: (4) Civil status (single, widow or widower, or divorced); (5) If divorced, how and when the previous marriage was dissolved; (7) Degree of relationship of the contracting parties; (12) Full name and residence of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty years, if a male, or eighteen years if a female. Ignorance of the law excuses no one from compliance therewith. The official, priest, or minister solemnizing the marriage shall retain the third copy of the marriage contract, the marriage license and the affidavit of the interested party regarding the solemnization of the marriage in a place other than those mentioned in Article 57 if there be any such affidavit, in the files that he must keep. 53. Article 1868 of the Civil Code states that by the contract of agency, a person (agent) binds himself to render some service or to do something in representation or on behalf of another (principal), with the consent or authority of the latter. (n), Tagged as Authority to Solemnize Marriages, 0. Penal laws and those of public security and safety shall beobligatory upon all who live or sojourn in the Philippine territory, subject to theprinciples of public international law and to treaty stipulations. 68. (31a). 961: Coconut Industry Code: June 11, 1978: Code of Commerce: Republic Act No. The following actions must be brought within 10 years from the time the right of action accrues: (1) Upon a written contract; (2) Upon an obligation created by law; (3) Upon a judgment.” Art. The following are juridical persons: (1) The State and its political subdivisions; (2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law; (3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member. 24. Effect and Application of Laws. 1106 to 1155, Civil Code of the Philippines Prescription. Upon the defendant’s motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. Marriages between Mohammedans or pagans who live in the non-Christian provinces may be performed in accordance with their customs, rites or practices. 82. The following marriages shall be void from the beginning:(3) Those solemnized without license, except those covered thepreceding Chapter;Even if the foreign marriage did not comply with either 2 and 3 of Article35, Philippine law will recognize the marriage as valid as long as it is valid underforeign law.Art. 30. Theories on Personal Law:1. Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization. These special agreements require specific enumerated transactions to be evidenced by a writing signed by the party to be charged. Art. The contracting parties may establish such stipulations, clauses, terms and … Kris Aquino, sister of former president B.S. 1144. (1254a) Art. If they do not obtain such advice, or if it be unfavorable, the marriage shall not take place till after three months following the completion of the publication of the application for marriage license. Art. 45. Capacity to act is not limited on account of religious belief or political opinion. In case either of the contracting parties is on the point of death or the female has her habitual residence at a place more than fifteen kilometers distant from the municipal building and there is no communication by railroad or by provincial or local highways between the former and the latter, the marriage may be solemnized without necessity of a marriage license; but in such cases the official, priest, or minister solemnizing it shall state in an affidavit made before the local civil registrar or any person authorized by law to administer oaths that the marriage was performed in articulo mortis or at a place more than fifteen kilometers distant from the municipal building concerned, in which latter case he shall give the name of the barrio where the marriage was solemnized. This is a new provision taken from common law. 68: Corporation Code: May 1, 1980: Executive Order No. November 25, 2015 The duties mentioned in the two preceding articles shall be complied with by the ship captain, airplane chief or commanding officer. The local civil registrar shall demand the previous payment of fees required by law or regulations for each license issued. civil code. Art. Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against he latter, without prejudice to any disciplinary administrative action that may be taken. 9514: Fire Code This notice shall request all persons having knowledge of any impediment to the marriage to advise the local registrar thereof. (19a), CHAPTER 2 > MARRIAGES OF EXCEPTIONAL CHARACTER, Art. 613. (4a). Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. - CONTRACTS CHAPTER 1 GENERAL PROVISIONS Art. Parties - the actors involved in an obligation: 1.1. active subject(creditor/obligee) - one who demands the fulfillment of an obligation. (9a), Art. 33. 75. (30a). Art. 19. (n). 3. prevent unnecessary suits and payments thru the mutual extinction by operation of law of concurring debts. Mixed marriages between a Christian male and a Mohammedan or pagan female shall be governed by the general provision of this Title and not by those of the last preceding article, but mixed marriages between a Mohammedan or pagan male and a Christian female may be performed under the provisions of the last preceding article if so desired by the contracting parties, subject, however, in the latter case to the provisions of the second paragraph of said article. 72. ... Civil Code: June 18, 1949: Republic Act No. Art. 39. Art. 3. 23. The original of the affidavit required in the last preceding article, together with a copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days, after the performance of the marriage. 40. 3. (4a), Art. Private corporations are regulated by laws of general application on the subject. (18a), Art. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. 77. No priest or minister not having the required authorization may solemnize marriage. The exhibition of baptismal or birth certificates shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. Art. - Different Kinds of Easements Art. 35. Ownership. The following are citizens of the Philippines: (1) Those who were citizens of the Philippines at the time of the adoption of the Constitution of the Philippines; (2) Those born in the Philippines of foreign parents who, before the adoption of said Constitution, had been elected to public office in the Philippines; (3) Those whose fathers are citizens of the Philippines; (4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship; (5) Those who are naturalized in accordance with law. 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. Domiciliary theory – the personal laws of a person are determined by hisdomicile2. The common characteristics of contracts are: 1. 16. When either or both of the contracting parties are citizens or subjects of a foreign country, it shall be necessary, before a marriage license can be obtained, to provide themselves with a certificate of legal capacity to contract marriage, to be issued by their respective diplomatic or consular officials. Civil Code: June 18, 1949: Republic Act No. The nearest of kin of the contracting parties shall be preferred as witnesses, and in their default, persons well known in the province or the locality for their honesty and good repute. Spain, a civil law country, introduced the practice of codification in the Philippines, which it had colonized beginning in the late 16th century. Civil Code of the Philippines: Absense February 13, 2017 Family Code of the Philippines:Rules on the Forfeiture of the Share of the Guilty Spose February 13, 2017 Civil Code of the Philippines: IGNORANCE OF THE LAW Art. This Code shall take effect one year after such publication. (25a), Art. (7a), Art. n. in many states, the name for the collection of statutes and laws which deal with business and negligence lawsuits and practices. Exception: If the marriage is void under Philippine law, then the marriage is voideven if it is valid in the country where the marriage was solemnized .Exception to the exception:1. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. GeneralityGeneral Rule: Criminal laws apply to everyone in the territory (citizens andaliens)Exceptions: In these instances, all the Philippines can do is expel thema. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. A custom must be proved as a fact, according to the rules of evidence. (21), Art. Civil Code of the Philippines Congress of the Philippines Long title An Act to Ordain and Institute The Civil Code of the Philippines CitationRepublic … The marriage certificate in which the contracting parties shall state that they take each other as husband and wife, shall also contain: (1) The full names and domiciles of the contracting parties; (3) A statement that the proper marriage license has been issued according to law and that the contracting parties have the consent of their parents in case the male is under twenty or the female under eighteen years of age; and, (4) A statement that the guardian or parent has been informed of the marriage, if the male is between the ages of twenty and twenty-five years, and the female between eighteen and twenty-three years of age. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. Art. 2. Art. (35a). (5a), Art. Art. (1a), Art. 69. 2. a compensation does no… For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. Codification is predominant in countries that adhere to the legal system of civil law. 15. Said priest or minister or rabbi shall be obliged to exhibit his authorization to the contracting parties, to their parents, grandparents, guardians, or persons in charge demanding the same. - CLASSIFICATION OF PROPERTY PRELIMINARY PROVISIONS Art. Under Article 15, the Philippines follows the nationality theory. The marriage shall be solemnized publicly in the office of the judge in open court or of the mayor; or in the church, chapel or temple, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with Article 72 of this Code, or in case of marriage referred to in Article 76 or when one of the parents or the guardian of the female or the latter herself if over eighteen years of age request it in writing, in which cases the marriage may be solemnized at a house or place designated by said parent or guardian of the female or by the latter herself in a sworn statement to that effect. (30a). 2. Art. The action for annulment of marriage must be commenced by the parties and within the periods as follows: (1) For causes mentioned in Number 1 of Article 85, by the party whose parent or guardian did not give his or her consent, within four years after attaining the age of twenty or eighteen years, as the case may be; or by the parent or guardian or person having legal charge, at any time before such party has arrived at the age of twenty or eighteen years; (2) For causes mentioned in Number 2 of Article 85, by the spouse who has been absent, during his or her lifetime; or by either spouse of the subsequent marriage during the lifetime of the other; (3) For causes mentioned in Number 3 of Article 85, by the sane spouse, who had no knowledge of the other’s insanity; or by any relative or guardian of the party of unsound mind, at any time before the death of either party; (4) For causes mentioned in Number 4, by the injured party, within four years after the discovery of the fraud; (5) For causes mentioned in Number 5, by the injured party, within four years from the time the force or intimidation ceased; (6) For causes mentioned in Number 6, by the injured party, within eight years after the marriage. Please consult your lawyer for any concerns you […] 58. Art. November 25, 2015 - EASEMENTS OF SERVITUDES CHAPTER 1 EASEMENTS IN GENERAL SECTION 1. 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. (35a), Art. 64. In case two persons married in accordance with law desire to ratify their union in conformity with the regulations, rites, or practices of any church, sect, or religion it shall no longer be necessary to comply with the requirements of Chapter 1 of this Title and any ratification made shall merely be considered as a purely religious ceremony. (n), Art. 386. Laws shall have no retroactive effect, unless the contrary is provided. In case the death certificate cannot be found, the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and the date of the death of the deceased spouse. (10a). When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise. It have the force of law between the parties and have been complied with in good faith. 80. (3), Art. 6. Art. Constitution shall form a part of the legal system of the Philippines. (n), Art. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. 3613). (41a), Art. Art. 3. 59. The local civil registrar, upon receiving such application, shall require the exhibition of the original baptismal or birth certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals. 78. PROVISIONS ON LEASES FROM THE NEW CIVIL CODE OF THE PHILIPPINES; PROVISIONS ON LEASES FROM THE NEW CIVIL CODE OF THE PHILIPPINES. 18. Aquino, and PBA star James Yap held a civil wedding on July 10, 2005. Art. 29. (3). 55. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations.