The beneficiaries of a family home are: (1) The husband and wife, or an unmarried person who is the head of a family; and, (2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or illegitimate, who are living in the family home and who depend upon the head of the family for legal support. Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. (235a), Art. Art. A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides, or, if the child resides in a foreign country, in the proper court of the place where the property or any part thereof is situated. 131. (n), Art. The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling. EXECUTIVE ORDER NO. If upon the lapse of the six-month period no liquidation is made, any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be void. 190. The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority. 105. (3) The names of all their known creditors, their addresses and the amounts owing to each. 8. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured. Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom. Download Family Code of the Philippines Comments. Art. (c) One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a relative by consanguinity of the latter. (61a), Art. (9a). In either case, any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation of the partnership. 164. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority. Art. (261a). The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity. The Code was approved as Republic Act. (n). If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without necessity of a marriage license. (n), Art. 249. 38. 71. 239. Section 2. Under the regime of conjugal partnership of gains, the husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements. Effect of Parental Authority 217. (126), Art. Art. After dissolution of the absolute community or of the conjugal partnership, the provisions on complete separation of property shall apply. (115a), Art. The family home may be sold, alienated, donated, assigned or encumbered by the owner or owners thereof with the written consent of the person constituting the same, the latter's spouse, and a majority of the beneficiaries of legal age. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. Separation of property may refer to present or future property or both. (n), Art. The final judgment in such cases shall provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of third presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings. (164a), Section 4. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person or property of the children. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. The liabilities of the spouses to creditors for family expenses shall, however, be solidary. However, such exemption shall not apply if the same is not compatible with the solidarity of the family. 60. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2). The courts may appoint a guardian of the child's property or a guardian ad litem when the best interests of the child so requires. 141. 209 July 6, 1987 (n), Art. 21. (273a), Art. The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to receive support. A person of age and in possession of full civil capacity and legal rights may adopt, provided he is in a position to support and care for his children, legitimate or illegitimate, in keeping with the means of the family. (264a). The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official. 94. Chapter 1. (57a), Art. Payment shall be made within the first five days of each corresponding month or when the recipient dies, his heirs shall not be obliged to return what he has received in advance. Art. (327a). 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