The family is a basic social institution which public policy cherishes and protects. Claims for damages by either spouse, except costs of the proceedings, may be litigated only in a separate action. 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 or vocation, even beyond the age of majority. The parents or, in their absence or incapacity, the individual, entity or institution exercising parental authority, may petition the proper court of the place where the child resides, for an order providing for disciplinary measures over the child. 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. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. PHILIPPINES SIGNED IN TO LAW ON JULY 6, 1987 EFFECTIVITY DATE ON AUGUST 3, 1988. (318a). (272a), Art. (40a, PD 603). A preliminary conference shall be conducted by the judge personally without the parties being assisted by counsel. The Family Code of the Philippines of 1987 was enacted into law by the 11th President of the Philippines Maria Corazon Cojuangco Aquino. Art. (n), Art. The basic law covering persons and family relations governs marriages, legal separations, property relations between spouses, and parental authority, among others. I, CORAZON C. AQUINO, President of the Philippines, by virtue. 168. Unless otherwise provided, majority commences at the age of twenty-one years. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. Such emancipation shall be irrevocable. 188. Required fields are marked *. (n), Chapter 3. (273a), Art. article 1. marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. 202. During the proceedings for 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. 603, otherwise known as the Child and Youth Welfare Code, as amended, and all laws, decrees, executive orders, proclamations, rules and regulations, or parts thereof, inconsistent herewith are hereby repealed. Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. 213. 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. 225. (314a). (33a), Art. The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded. The right of the parents over the fruits and income of the child’s property shall be limited primarily to the child’s support and secondarily to the collective daily needs of the family. Family relations shall include those: (1) Between husband and wife; (2) Between parent and child; (3) Among other ascendants and their descendants; (4) Among brothers and sisters. This is the law on family relations. Emancipation takes place by the attainment of majority. (n), Art. Art. (n), SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW, Art. 216. Art. If the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage, these rules shall govern in the absence of proof to the contrary: (1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during the former marriage, provided it be born within three hundred days after the termination of the former marriage; (2) A child born after one hundred eighty days following the celebration of the subsequent marriage is considered to have been conceived during such marriage, even though it be born within the three hundred days after the termination of the former marriage. PATERNITY AND FILIATION. Illegitimate children 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. 209. In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary. If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner. The marriage of petitioner to Eulogio was celebrated on August 26, 2004 which falls within the ambit of the order. Petitions filed under Articles 223, 225 and 235 of this Code involving parental authority shall be verified. 183. 200. (n), Art. Legitimated children shall enjoy the same rights as legitimate children. (n), Chapter 4. The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in the same proceeding if the court finds that the cause therefor has ceased and will not be repeated. Art. Legal or intestate succession to the estate of the adopted shall be governed by the following rules: (1) Legitimate and illegitimate children and descendants and the surviving spouse of the adopted shall inherit from the adopted, in accordance with the ordinary rules of legal or intestate succession; (2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted concur with the adopter, they shall divide the entire estate, one-half to be inherited by the parents or ascendants and the other half, by the adopters; (3) When the surviving spouse or the illegitimate children of the adopted concur with the adopters, they shall divide the entire estate in equal shares, one-half to be inherited by the spouse or the illegitimate children of the adopted and the other half, by the adopters. 166. Art. Submit Close. Kumbaga po kinamkam na niya. THE FAMILY(n) CHAPTER 1 The Family as an Institution. (315a), Chapter 2. (299a), Art. 163. (2166a). 228. The instrument shall be recorded in the civil registry together with the birth certificate of the child. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. Art. 237. The written consent of the following to the adoption shall be necessary: (1) The person to be adopted, if ten years of age or over, (2) The parents by nature of the child, the legal guardian, or the proper government instrumentality; (3) The legitimate and adopted children, ten years of age or over, of the adopting parent or parents; (4) The illegitimate children, ten years of age or over, of the adopting parent, if living with said parent and the latter’s spouse, if any; and (5) The spouse, if any, of the person adopting or to be adopted. 255. When a husband and wife are separated in fact, or one has abandoned the other and one of them seeks judicial authorization for a transaction where the consent of the other spouse is required by law but such consent is withheld or cannot be obtained, a verified petition may be filed in court alleging the foregoing facts.