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Pfr 5 Star Provisions (2)

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  THE CIVIL CODE OF THE PHILIPPINES(REPUBLIC ACT NO. 386, AS AMENDED)FIVE STAR PROVISIONSArt.15. 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. Art. 19 . Every person must, in the exercise of his rights and in the performance of his duties, actwith justice, give everyone his due, and observe honesty and good faith. Art. 6.  Every person shall respect the dignity, personality, privacy and peace of mind of hisneighbors and other persons. The following and similar acts, though they may not constitute acriminal oense, shall produce a cause of action for damages, prevention and other relief! #$ Prying into the privacy of another%s residence& '$ (eddling with or disturbing the private life or family relations of another& )$ *ntriguing to cause another to be alienated from his friends& +$ exing or humiliating another on account of his religious beliefs, lowly station in life,place of birth, physical defect, or other personal condition. Art. 9.  -hen the accused in a criminal prosecution is acuitted on the ground that his guilt hasnot been proved beyond reasonable doubt, a civil action for damages for the same act oromission may be instituted. /uch action reuires only a preponderance of evidence. 0pon motionof the defendant, the court may reuire the plainti to 1le a bond to answer for damages in casethe complaint should be found to be malicious. *f in a criminal case the judgment of acuittal is based upon reasonable doubt, the courtshall so declare. *n the absence of any declaration to that eect, it may be inferred from the textof the decision whether or not the acuittal is due to that ground. Art. 3.   MEMORI!E $ 2ny public o3cer or employee, or any private individual, who directly orindirectly obstructs, defeats, violates or in any manner impedes or impairs any of the followingrights and liberties of another person shall be liable to the latter for damages! #$ 4reedom from religion '$ 4reedom of speech )$ 4reedom to write for the press or to maintain a periodical publication& +$ 4reedom from arbitrary or illegal detention 5$ 4reedom of surage 6$ The right against deprivation of property without due process 7$ The right to a just compensation when private property is ta8en for public use& 9$ The right to the eual protection of the laws& :$ The right to be secure in one%s person, house, papers, and eects againstunreasonable searches and seizures& #;$ The liberty of abode and of changing the same& ##$ The privacy of communication and correspondence& #'$ The right to become a member of associations or societies for purposes not contraryto law& #)$ The right to ta8e part in a peaceable assembly to petition the <overnment for redressof grievances& #+$ The right to be free from involuntary servitude in any form& #5$ The right of the accused against excessive bail& #6$ The right of the accused to be heard by himself and counsel, to be informed of thenature and cause of the accusation against him, to have a speedy and public trial, to meetthe witnesses face to face, and to have compulsory process to secure the attendance of witnesses in his behalf&  #7$ 4reedom from being compelled to be a witness against one%s self, or from beingforced to confess guilt, or from being induced by a promise of immunity or reward to ma8esuch confession, except when the person confessing becomes a /tate witness& #9$ 4reedom from excessive 1nes, or cruel and unusual punishment, unless the same isimposed or in=icted in accordance with a statute which has not been judicially declaredunconstitutional& and #:$ 4reedom of access to the courts. *n any of the cases referred to in this article, whether or not the defendant%s act oromission constitute a criminal oense, the aggrieved party has a right to commence an entirelyseparate and distinct civil action for damages, and for other relief. /uch civil action shall proceedindependently of any criminal prosecution if the latter be instituted$, and may be proved by apreponderance of evidence.  The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set forth is not demandable from a judge unless his act oromission constitutes a violation of the Penal >ode or other penal statute. Art. #.  ?irth determines personality& but the conceived child shall be considered born for allpurposes that are favorable to it, provided it be born later with the conditions speci1ed in thefollowing article. ':a$ E$ECUTIVE ORDER NO. #9THE FAMIL% CODE OF THE PHILIPPINESFIVE STAR PROVISIONSArt. 1.   MEMORI!E $ (arriage is a special contract of permanent union between a man and awoman entered into in accordance with law for the establishment of conjugal and family life. *t isthe foundation of the family and an inviolable social institution whose nature, conseuences, andincidents are governed by law and not subject to stipulation, except that marriage settlementsmay 1x the property relations during the marriage within the limits provided by this >ode. 5'a$ Art. .  @o marriage shall be valid, unless these essential reuisites are present! #$ Legal capacity of the contracting parties who must be a male and a female& and '$ >onsent freely given in the presence of the solemnizing o3cer. Art. 3.  The formal reuisites of marriage are! #$ 2uthority of the solemnizing o3cer& '$ 2 valid marriage license except in the cases provided for in >hapter ' of this Title& and )$ 2 marriage ceremony which ta8es place with the appearance of the contracting partiesbefore the solemnizing o3cer and their personal declaration that they ta8e each other ashusband and wife in the presence of not less than two witnesses of legal age. 5)a, 55a$ Art. 1 .  *n case either or both of the contracting parties, not having been emancipated by aprevious marriage, are between the ages of eighteen and twentyAone, they shall, in addition tothe reuirements of the preceding articles, exhibit to the local civil registrar, the consent to theirmarriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. /uch consent shall be manifested in writing by the interestedparty, who personally appears before the proper local civil registrar, or in the form of an a3davitmade in the presence of two witnesses and attested before any o3cial authorized by law toadminister oaths. The personal manifestation shall be recorded in both applications for marriagelicense, and the a3davit, if one is executed instead, shall be attached to said applications. 6#a$ Art. 15.   IMPORTANT $ 2ny contracting party between the ages of twentyAone and twentyA1veshall be obliged to as8 their parents or guardian for advice upon the intended marriage. *f they  do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued tillafter three months following the completion of the publication of the application therefore. 2sworn statement by the contracting parties to the eect that such advice has been sought,together with the written advice given, if any, shall be attached to the application for marriagelicense. /hould the parents or guardian refuse to give any advice, this fact shall be stated in thesworn statement. 6'a$ Art. 1.   IMPORTANT $ -hen either or both of the contracting parties are citizens of a foreigncountry, it shall be necessary for them before a marriage license can be obtained, to submit acerti1cate of legal capacity to contract marriage, issued by their respective diplomatic orconsular o3cials. /tateless persons or refugees from other countries shall, in lieu of the certi1cate of legalcapacity herein reuired, submit an a3davit stating the circumstances showing such capacity tocontract marriage. 66a$ Art. 6.  2ll marriages solemnized outside the Philippines, in accordance with the laws in force inthe country where they were solemnized, and valid there as such, shall also be valid in thiscountry, except those prohibited under 2rticles )5 #$, +$, 5$ and 6$, )6, )7 and )9. #7a$ -here a marriage between a 4ilipino citizen and a foreigner is validly celebrated and adivorce is thereafter validly obtained abroad by the alien spouse capacitating him or her toremarry, the 4ilipino spouse shall have capacity to remarry under Philippine law. 2s amended byExecutive Brder ''7$ Art. 3 .  @o license shall be necessary for the marriage of a man and a woman who have livedtogether as husband and wife for at least 1ve years and without any legal impediment to marryeach other. The contracting parties shall state the foregoing facts in an a3davit before anyperson authorized by law to administer oaths. The solemnizing o3cer shall also state under oaththat he ascertained the uali1cations of the contracting parties are found no legal impediment tothe marriage. 76a$ Art. 35.  The following marriages shall be void from the beginning! #$ Those contracted by any party below eighteen years of age even with the consent of parents or guardians& '$ Those solemnized by any person not legally authorized to perform marriages unlesssuch marriages were contracted with either or both parties believing in good faith that thesolemnizing o3cer had the legal authority to do so& )$ Those solemnized without license, except those covered by the preceding >hapter& +$ Those bigamous or polygamous marriages not failing under 2rticle +#& 5$ Those contracted through mista8e of one contracting party as to the identity of theother& and 6$ Those subseuent marriages that are void under 2rticle 5). Art. 36.  2 marriage contracted by any party who, at the time of the celebration, waspsychologically incapacitated to comply with the essential marital obligations of marriage, shallli8ewise be void even if such incapacity becomes manifest only after its solemnization. 2samended by Executive Brder ''7$ Art. 3&.   MEMORI!E $ (arriages between the following are incestuous and void from thebeginning, whether relationship between the parties be legitimate or illegitimate! #$ ?etween ascendants and descendants of any degree& and '$ ?etween brothers and sisters, whether of the full or half blood. 9#a$ Art. 38.   MEMORI!E $ The following marriages shall be void from the beginning for reasons of public policy! #$ ?etween collateral blood relatives, whether legitimate or illegitimate, up to the fourthcivil degree&  '$ ?etween stepAparents and stepAchildren& )$ ?etween parentsAinAlaw and childrenAinAlaw& +$ ?etween the adopting parent and the adopted child& 5$ ?etween the surviving spouse of the adopting parent and the adopted child& 6$ ?etween the surviving spouse of the adopted child and the adopter& 7$ ?etween an adopted child and a legitimate child of the adopter& 9$ ?etween adopted children of the same adopter& and :$ ?etween parties where one, with the intention to marry the other, 8illed that otherperson%s spouse, or his or her own spouse. 9'a$ Art. 39.   IMPORTANT $ The action or defense for the declaration of absolute nullity of amarriage shall not prescribe. 2s amended by C.2. @o. 95))$ Art. 1.  2 marriage contracted by any person during the subsistence of a previous marriageshall be null and void, unless before the celebration of the subseuent marriage, the prior spousehad been absent for four consecutive years and the spouse present had a wellAfounded belief that the absent spouse was already dead. *n case of disappearance where there is danger of death under the circumstances set forth in the provisions of 2rticle ):# of the >ivil >ode, anabsence of only two years shall be su3cient. 4or the purpose of contracting the subseuent marriage under the preceding paragraph,the spouse present must institute a summary proceeding as provided in this >ode for thedeclaration of presumptive death of the absentee, without prejudice to the eect of reappearance of the absent spouse. 9)a$ Art. .  The subseuent marriage referred to in the preceding 2rticle shall be automaticallyterminated by the recording of the a3davit of reappearance of the absent spouse, unless there isa judgment annulling the previous marriage or declaring it void ab initio. 2 sworn statement of the fact and circumstances of reappearance shall be recorded in thecivil registry of the residence of the parties to the subseuent marriage at the instance of anyinterested person, with due notice to the spouses of the subseuent marriage and withoutprejudice to the fact of reappearance being judicially determined in case such fact is disputed. n$ Art. 3.  The termination of the subseuent marriage referred to in the preceding 2rticle shallproduce the following eects! #$ The children of the subseuent marriage conceived prior to its termination shall beconsidered legitimate, and their custody and supA port in case of dispute shall be decidedby the court in a proper proceeding& '$ The absolute community of property or the conjugal partnership, as the case may be,shall be dissolved and liuidated, but if either spouse contracted said marriage in badfaith, his or her share of the net pro1ts of the community property or conjugal partnershipproperty shall be forfeited in favor of the common children or, if there are none, thechildren of the guilty spouse by a previous marriage or in default of children, the innocentspouse& )$ Donations by reason of marriage shall remain valid, except that if the done contractedthe marriage in bad faith, such donations made to said donee are revo8ed by operation of law& +$ The innocent spouse may revo8e the designation of the other spouse who acted in badfaith as bene1ciary in any insurance policy, even if such designation be stipulated asirrevocable& and 5$ The spouse who contracted the subseuent marriage in bad faith shall be disuali1edto inherit from the innocent spouse by testate and intestate succession. n$ Art. .  *f both spouses of the subseuent marriage acted in bad faith, said marriage shall bevoid ab initio and all donations by reason of marriage and testamentary dispositions made byone in favor of the other are revo8ed by operation of law. n$

cfc_19071109.pdf

Jul 23, 2017

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Jul 23, 2017
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