The Laws Affecting the Family, Couple and the Child

RLE 3 Section 5

Family Code EO. 209

Marriage
A special contract of permanent union between man and a woman into accordance with law for the establishment of conjugal and family life.

Essential Requirements
Must be male and female 18 years of age or above* Consent freely given in front of solemnizing officer**

Marriage license
A license authorizing two people to marry
Valid in any part of the Philippines for 120 days from date of issue.

Marriage Certificate
A document that shows social union or legal matrimony between people that creates kinship.

Void/ voidable marriages

Below 18 years even with consent, not legally solemnized by authority, solemnized w/o consent, bigamous/polygamous (needs petition), subsequent marriage under Article 53. Psychologically incapacitated Incestuous For reasons of public policy (e.g., step-parents & step-children, adopted child & legitimate child, killing own spouse to marry other party, etc.)
***Up to 4th civil degree for marriage is prohibited. (e.g. first cousins = [1]cousin A to his dad -> [2]his dad to his dads parents > [3] parents to cousin Bs mom -> [4] cousin Bs mom to cousin B)

Missing spouse
Spouse must be missing for 4 consecutive year and present spouse must have well-founded belief that absent spouse is dead

2 consecutive years for disappearance where there is danger of death

Reasons for Annulment

18 y/o but less than 21 y/o, marriage was solemnized w/o consent Either party was of unsound mind Fraud consent non-disclosure of previous conviction involving moral turpitude, concealment of wife of pregnancy during marriage with another man, concealment of STD, drug addiction , alcoholism or homosexuality during marriage Consent obtained by force, intimidation or undue influence Either party was found to have serious and incurable STD

Reason for Legal Separation

Repeated physical violence Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; Attempt to engage child in prostitution Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; Drug addiction or habitual alcoholism of the respondent;

Reason for Legal Separation

Lesbianism or homosexuality of the respondent; Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; Sexual infidelity or perversion; Attempt by the respondent against the life of the petitioner; or Abandonment of petitioner by respondent without justifiable cause for more than one year.

Grounds for Denial of Petition for Legal Separation

Aggrieved party has condoned the offense or act complained of or consented to the commission of the offense or act complained of; Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation; Parties have given ground for legal separation;

Collusion between the parties to obtain decree of legal separation; or

Action is barred by prescription.

Effects of Decree of Legal Separation

The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed; The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, The custody of the minor children shall be awarded to the innocent spouse, The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession.

Filing of Joint Manifestation of Reconciliation

If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation

Effects of Reconciliation
if still pending legal separation, should be terminated at whatever stage. final decree of legal separation shall be set aside

Rights and Obligations between Husband and Wife

Coverture the legal status of a married woman,
considered to be under her husbands protection and authority

Rights and Obligations

Live together, observe mutual love, respect & fidelity, render mutual help & support Fix the family domicile Support the family Manage the household Either spouse may exercise any legitimate profession

Property Relations between Husband & Wife

Property relationship will be governed in the following order:
By marriage settlements executed before the marriage By provisions of this Code By the local custom

Marriage settlements must be made before marriage in writing, signed by both parties

They cannot donate to each other in their marriage settlements more than 1/5 of their present property. Any excess will be considered void.

 A donation by reason of marriage may be revoked by the donor in the following cases: If marriage is not celebrated or judicially declared void ab initio except donations made in marriage settlements When marriage took place without consent, as required by law When marriage is annulled, and the done acted in bad faith Upon legal separation, the done being the guilty spouse If with a resolutory condition and the condition compiled with When the done has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general The absolute community of property between spouses shall commence at celebration of marriage.

 The absolute community of property shall be liable for:

Support of spouse, common children, legitimate children of either spouse All debts & obligations contracted during marriage All taxes, liens, charges & expenses Expenses to enable either spouse to commence or complete a professional or vocational course Ante-nuptial debts of either spouse Expenses of litigation between the spouses unless the suit is found groundless

 If the community property is insufficient to cover the foregoing liabilities, the spouse shall be liable for the unpaid balance with their separate properties The administration and enjoyment of the community property shall belong to both spouses jointly. Either spouse may dispose by will his/her interest in the community property Neither spouse may donate any community property w/o the consent of the other

Exclusive Property of Each Spouse

That which is brought the marriage as his/her own That which each acquires during marriage by gratuitous title That which is acquired by right of redemption, barter or exchange w/ property belonging to only one of the spouses That which is purchased with exclusive money of the wife or husband

Conjugal Partnership Property all property

acquired during the marriage unless contrary is proved

Acquired by onerous title during marriage at the expense of common fund those obtained from labor, industry, work or profession of either or both spouses fruits, natural, industrial, or civil, due or received during marriage from common property share of either spouse in the hidden treasure w/c law awards to finder or owner of property where treasure is found those acquired though occupation (such as fishing or hunting) livestock existence those acquired by chance, such as winnings from gambling or betting (but losses are borne exclusively by the loser-spouse)

In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage shall not take place except by judicial order

The Family
Definition of Family
Foundation of the nation ; Basic social institution Governed by law No custom, practice or agreement destructive of the family shall be recognized or given effect

Family relations
Between husband and wife Between children and parents Among brothers and sisters (whether full or halfblood)

The Family Home

Family home
The dwelling house where the husband and wife or unmarried head of a family and their family reside and the land on which it is situated Deemed constituted on a house and lot

Beneficiaries of a family home :

Husband and wife, or an unmarried person who is the head of a family 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

 The family home shall be exempt from execution, forced sale or attachment except :
For nonpayment of taxes For debts incurred prior to the constitution of the family home For debts secured by mortgages on the premises before or after such constitution ; and For debts due to laborers, mechanics, architects, builders, material men and others who have rendered service or furnished material for the construction of the building.

Family home property

Must be part of the properties of the absolute community, of the conjugal partnership, or of the exclusive properties of either spouse with the latters consent. May be constituted by an unmarried head of

Paternity and Filiation

Filiation - by nature or by adoption; Natural
filiation: legitimate or illegitimate

Legitimate Children
-Conceived and born during the marriage
-Conceived as a result of artificial insemination of wife with sperm of husband or donor (insemination must be authorized or ratified in written instrument before birth and it must be recorded in civil registry with birth certificate of child)

Illegitimate Children - conceived and born outside

a valid marriage (unless otherwise provided in this code)

Legitimacy of a child may be impugned only on the following grounds :

That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of : The physical incapacity of the husband to have sexual intercourse with his wife The fact that the husband and wife were living separately in such a way that sexual intercourse was not possible

Legitimacy of a child may be impugned only on the following grounds :

Serious illness of the husband, which absolutely prevented sexual intercourse That it proved that for biological or other scientific reasons, the child could not have been that of the husband, That in case of children conceived through artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence.

Proof of Filiation
The filiation of legitimate children established by any of the following
The record of birth appearing in the civil register of a final judgment An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned

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. In these cases, the heirs shall have a period of 5 years within which to institute the action.

Legitimate children have the right :

To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code of Surnames To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provision of this Code on Support and To be entitled to the legitimate and other successional rights granted to them by the

Illegitimate Children
They may establish their illegitimate filiation in the same way and on the same evidence as legitimate children They shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each child shall consist of of the legitime of a legitimate child

Legitimated Children
Only children conceived or born outside of wedlock parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation

Legitimated Children
Legitimated children shall enjoy the same right as legitimate children The effects of legitimation shall retroact to the time of the childs birth The legitimation of children who died before the celebration of the marriage shall benefit their descendants.

 Legitimation may be impugned only by those who are prejudiced in their rights, within 5 years from the time their cause of action accrues. Legitimated children shall enjoy the same right as legitimate children

The legitimation of children who died before the celebration of the marriage shall benefit their descendants.

Adoption
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.

Adoption jointly by husband and wife

Husband and wife must jointly adopt, except in the following cases: (1) When one spouse seeks to adopt his own illegitimate child; or (2) When one spouse seeks to adopt the legitimate child of the other

Who may not be adopted:

A person of legal age, unless he or she is a child by nature of the adopter or his or her spouse, or, prior to the adoption, said person has been consistently considered and treated by the adopter as his or her own child during minority. An alien with whose government the Republic of the Philippines has no diplomatic relations; A person who has already been adopted unless such adoption has been previously revoked or rescinded.

Effects of Adoption
For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both shall acquire the reciprocal rights and obligations arising from the relationship of parent and child, including the right of the adopted to use the surname of the adopters;

Effects of Adoption
The parental authority of the parents by nature over the adopted shall terminate and be vested in the adopters, except that if the adopter is the spouse of the parent by nature of the adopted, parental authority over the adopted shall be exercised jointly by both spouses; The adopted shall remain an intestate heir of his parents and other blood relatives.

Support
- comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education (including his schooling or training for some profession, trade or vocation, even beyond the age of majority) and transportation (including going to and from school or place of work), in keeping with the financial capacity of the family.

Who are obliged to support each other?

The spouses; Legitimate ascendants and descendants; Parents and their legitimate children and the legitimate and illegitimate children of the latter; Parents and their illegitimate children and the legitimate and illegitimate children of the latter; Legitimate brothers and sisters, whether of full or half-blood

Support between illegitimate brothers and sisters

They are bound to support each other, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant's fault or negligence

Support during certain proceedings (legal separation or for annulment of marriage, and for declaration of nullity of marriage)
The spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. After the final judgment granting the petition, the obligation of mutual support between the spouses ceases. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order.

Order of support
Liability shall devolve upon the following persons in the order herein provided: The spouse; The descendants in the nearest degree; The ascendants in the nearest degree; and The brothers and sisters

Rules on amount of support

The amount of support shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

Amount of support subject to change or modification

According to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.

Unjust refusal to give support

Any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support.

Paternal 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 well-being.

 Duties of children under parental authority:

The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary. Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority.

 In case of death of one spouse or remarriage of surviving parent, the parent present shall continue exercising parental authority. In case of separation of parents, parental authority shall be exercised by the parent ordered by the Court. In case of death, absence and unsuitability of parent, there shall be substitute parental authority by grandparents.

 No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable in a crime against the descendant or by one parent against the other.

Persons exercising parental authority

(1) The surviving grandparent (2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and (3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.

Parents exercising special parent authority:

The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution.

 Persons exercising special or substitute parental authority shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable

Right and Duties of Parents

To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means; To give them love and affection, advice and counsel, companionship and understanding;

Right and Duties of Parents

To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship; To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals;

Right and Duties of Parents

To represent them in all matters affecting their interests; To demand from them respect and obedience; To impose discipline on them as may be required under the circumstances; and To perform such other duties as are imposed by law upon parents and guardians

 Permanent termination of parental authority:

Upon the death of the parents Upon the death of the child; or Upon emancipation of the child.

Suspension and deprivation of parental authority by court order:

Treats the child with excessive harshness or cruelty; Gives the child corrupting orders, counsel or example; Compels the child to beg; or Subjects the child or allows him to be subjected to acts of lasciviousness

 There will be permanent deprivation of parental authority if the person exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse. Authority of persons exercising substitute or special parental authority
Persons exercising substitute parental authority shall have the same authority over the person of the child as the parents. In no case shall the school administrator, teacher of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child.

Emancipation and Age of Majority

Emancipation freedom from unpleasant or unfair
social, political, or legal restrictions Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of twenty-one years. Emancipation also takes place:
By the marriage of the minor; or By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least eighteen years of age. Such emancipation shall be irrevocable.

Effect of Emancipation
Emancipation for any cause 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.

National Coalition Against Domestic Violence

National Coalition Against Domestic Violence

Formed in 1978, a national membership organization that represents grassroots organizations and individuals working to assist and empower battered women and their children. Its programs support and involve battered women of all social, racial, ethnic, religous and economic groups, ages, and lifestyles.

 Advocates to improve legislation and public policy which affect battered women and their children. Issues of focus include funding for programs, and housing and shelter eligibility. Promotes the development of programs that meet the special needs of battered women. They sponsors national conferences to provide a forum for the exchange of program information and action plans.

NCADV: Mission Statement

To organize for collective power by advancing transformative work, thinking and leadership of communities and individuals working to end the violence in our lives.

NCADV: PURPOSE
Eliminate Domestic Violence Empower Battered Women and Children Promote and Unify Direct Service Programs Alert and Educate the Public Promote Partnerships

NCADV: Vision Statement

NCADV strives to make issues relating to battered women and children one of the top ten political and legislative issues. NCADV strives to unite all safe houses, shelters, battered women's and children's programs and local domestic violence services under NCADV's umbrella so that our unified voice is a powerful one and those underrepresented groups are heard. NCADV strives to expand domestic and dating violence education and services to all.

 NCADV works to expand information on and respond to the impact of violence in the lives of children and youth. NCADV strives to make the purple ribbon and the on-going domestic violence tragedy that the ribbon stands for an important and recognizable symbol. We envision a time in the near future when NCADV will play a leadership role in exporting to and importing from other countries around the world a model for how all nations can carry out their own efforts to end the global tragedy of domestic violence.

NCADV: Programs and activities

NCADV Public Policy Office
Policy Publication

NCADV's Annual National Lobby Day NCADV's Membership Program

Financial Education Project

Cosmetic and Reconstructive Support (CRS) Program,

Face-To-Face Give Back A Smile S.C.O.R.E.S

National Directory of Domestic Violence Programs

Remember My Name