Document: R.A. No. 7888 - An Act to Amend Article 7 (13) of Executive Order No. 226, Otherwise Known As the Omnibus Investments Code of 1987 (RA-7888) | Section: SEC. 2. This Act shall take effect after fifteen (I 5) days following its publication either in the official Gazette or a newspaper of general circulation in the Philippines.

SEC. 2. This Act shall take effect after fifteen (I 5) days following its publication either in the official Gazette or a newspaper of general circulation in the Philippines.

Approved,

(Sgd.)JOSE DE VENECIA, JR. | (Sgd.)EDGARDO J. ANGARA Speaker of the House of Representatives | President of the Senate

This Act which is a consolidation of Senate Bill No. 397 and House Bill No. 12718, was finally passed by the Senate and the House of Representatives on February 15, 1995.

(Sgd.)CAMILO L. SABIO | (Sgd.)EDGARDO E. TUMANGAN Secretary General House of Representatives | Secretary of the Senate

Approved: February 20, 1995

(Sgd.)FIDEL V. RAMOS President of the Philippines

Document: R.A. No. 7888 - An Act to Amend Article 7 (13) of Executive Order No. 226, Otherwise Known As the Omnibus Investments Code of 1987 (RA-7888) | Section: Document Body

S. No. 397 H. No. 12718 / 91 OG No. 19, 2846 (May 8, 1995) ; Malaya 3/1/95 ; Times 2/25/95 ; 5 VLD 34 2d

Document: R.A. No. 7888 - An Act to Amend Article 7 (13) of Executive Order No. 226, Otherwise Known As the Omnibus Investments Code of 1987 (RA-7888) | Section: [ REPUBLIC ACT NO. 7888, February 20, 1995 ]

[ REPUBLIC ACT NO. 7888, February 20, 1995 ]

Document: R.A. No. 7888 - An Act to Amend Article 7 (13) of Executive Order No. 226, Otherwise Known As the Omnibus Investments Code of 1987 (RA-7888) | Section: AN ACT TO AMEND ARTICLE 7 (13) OF EXECUTIVE ORDER NO. 226, OTHERWISE KNOWN AS THE OMNIBUS INVESTMENTS CODE OF 1987

AN ACT TO AMEND ARTICLE 7 (13) OF EXECUTIVE ORDER NO. 226, OTHERWISE KNOWN AS THE OMNIBUS INVESTMENTS CODE OF 1987

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Article 7 (13) of Executive Order No. 226, otherwise known as the Omnibus Investments Code of 1987, is hereby amended to read as follows: "(13) To the extent that such activities are allowed by the Constitution and relevant laws, to recommend to the President of the Philippines, the suspension of the nationality requirement provided in this Code in cases of ASEAN projects, or investments by ASEAN nationals, regional ASEAN or multilateral financial institutions including their subsidiaries in preferred projects and/or projects allowed through either financial or technical assistance agreements entered into by the President, and in the case of regional complementation for the manufacture of a particular product which seeks to take advantage of economies of scale. For the purpose of this Act, a multilateral financial institution shall refer to a financial agency or entity, and its affiliates which satisfy the following qualifications:

"(1) The institution is either owned or controlled by member countries but does not possess any national identity; "(2) The institution sources its funds from capital stock subscriptions and contributions by member countries; and "(3) The primary responsibility of the institution is to provide funds for developmental purposes and international economic stability."

Document: Lijnenv. vs. Laks, G.R. No. 156330 (DSR-G.R. No. 156330) | Section: Article 1736 and Article 1738 are the provisions in the New Civil Code which define the period when the common carrier is required to exercise diligence lasts, viz

[19] Wildvalley Shipping Co., Ltd., v. Court of Appeals, supra note 13 at 395.

[20] 61 Phil. 471 (1935).

[21] Manufacturer Hanover Trust Co. v. Guerrero, supra note 16 at 779 citing Willamete Iron and Steel Works v. Muzzal, id.

[22] Wildvalley Shipping Co., Ltd., v. Court of Appeals, supra note 13 at 396.

[23] New Civil Code, Article 1733.

[24] New Civil Code, Article 1734.

[25] National Trucking and Forwarding Corp. v. Lorenzo Shipping Corporation, 491 Phil. 151, 156 (2005).

[26] Id.

[27] Id.

[28] Petition for Review on Certiorari. Rollo, pp. 54-56.

[29] Saludo, Jr., v. Court of Appeals, G.R. No, 95536, 23 March 1992, 207 SCRA 498, 511.

[30] Id.

[31] Samar Mining Company, Inc. v. Nordeutscher Lloyd and C.F. Sharp and Company, Inc., 217 Phil. 497, 506 (1984).

[32] Id.

[33] Id.

[34] Regional Container Lines (RCL) of Singapore v. The Netherlands Insurance Co., (Philippines), Inc., G. R. No. 168151, 4 September 2009, 598 SCRA 304, 313.

[35] Id.

[36] Id.

[37] Id.

[38] National Trucking and Forwarding Corp. v. Lorenzo Shipping Corporation, supra note 25 at 157.

Document: Kam vs. Ni, G.R. No. 160283 (DSR-G.R. No. 160283) | Section: Article 2176 of the New Civil Code provides

[2] Rollo, pp. 29-37; Penned by Associate Justice Juan Q. Enriquez, Jr. with Associate Justices Roberto A. Barrios and Arsenio J. Magpale, concurring.

[3] Rollo, pp. 44-45.

[4] Rollo, pp. 44-45.

[5] Records, pp. 1-5.

[6] Records, pp. 8-10.

[7] Records, pp. 35-37.

[8] Records, pp. 53-56.

[9] Records, pp. 97-99.

[10] Records, pp. 116-117.

[11] Records, pp. 364-432.

[12] Records, p. 398.

[13] Records, pp. 430-432.

[14] Records, pp. 440-441.

[15] Records, p. 442.

[16] Rollo, pp. 46-60.

[17] Rollo, p. 59.

[18] Rollo, p. 60.

[19] Ibid.

[20] Rollo, p. 36.

[21] Rollo, p. 103.

[22] Rollo, p. 19.

[23] Rollo, pp. 20-21.

[24] Rollo, p. 84.

[25] Rollo, p. 87.

[26] CA Rollo, pp. 72 and 148.

[27] CA Rollo, p. 151.

[28] Article 2194, New Civil Code.

[29] Worcester v. Ocampo, 22 Phil. 42 (1912), citing Cooley on Torts, 133; Moir v. Hopkins, 16 Ill., 313 (63 Am. Dec., 312 and note); Berry v. Fletch, 1st Dill., 67; Smithwick v. Ward, 7 Jones L. 64; Smith v. Felt, 50 Barb. (N.Y.), 612; Shephard v. McQuilkin, 2 W. Va., 90; Lewis v. Johns, 34 Cal., 269.

[30] CA Decision, p. 5.

[31] Article 2229, New Civil Code.

[32] Article 2231, New Civil Code.

[33] Amadeo v. Rio y Olabarrieta, Inc., 95 Phil. 33, citing Wall v. Cameron [1882] 6 Colo., 275.

Document: People vs. Marino, G.R. Nos. 89404-05 (DSR-G.R. Nos. 89404-05) | Section: Article 2202, New Civil Code.

Article 2202, New Civil Code.

Document: Law and Jurisprudence on Corrections and Changes in Entries in the Civil (G.R. No. 53417,) (CASE-168 SCRA 303) | Section: §4. Ty Kong Tin ruling flawed from the start

The first article under the title states that “acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register,” (italics supplied) and the immediately succeeding article enumerates the precise matters to be entered in the civil register, to wit: (1) Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments of marriage; (6) judgments declaring marriages void from the beginning; (7) legitimations; (8) adoptions; (9) acknowledgments of natural children: (10) naturalization; (11) loss, or (12) recovery of citizenship; (13) civil interdiction; (14) judicial determination of filiation; (15) voluntary emancipation of a minor; and (16) changes of name. Clearly, these specific matters involve not only status of persons but also their nationality, so it was clear error when Ty Kong Tin ruled that article 412 “does not contemplate matter which may affect the civil status or the nationality or citizenship of the persons involved.” This interpretation had isolated article 412 from the rest of the articles in said title of the Code, and is contrary to the rule of construction that all the provisions of the same law must be interpreted together to arrive at the true meaning of the enactment. In fact, the “judicial decrees” mentioned in article 407 and the “judicial order” spoken of in article 412 must be construed as importing the same meaning, unless they fall under “all other matters pertaining to the registration of civil status” that “shall be governed by special laws,” contemplated in article 413. As of the moment, only the subjects of “naturalization,” “loss” or “recovery of citizenship,” ”civil interdiction” and “changes of name” are governed by “special laws.” All the others are governed by the Civil Code.

Document: Balatero vs. Intermediate Appellate Court (G.R. No) (CASE-154 SCRA 530) | Section: Article 1602 of the present Civil Code states

"Article 1602 is a new provision in the Civil Code designed primarily to curtail the evils brought about by contracts of sale with right of repurchase, such as the circumvention of the usury law and pactum commissorium. It particularly envisions contracts of sale with right of repurchase where the real intention of the parties is that the pretended purchase price is money loaned, and in order to secure the payment of the loan a contract purporting to be a sale with pacto de retro is drawn up (See report of the Code Commission, pp. 61-63).

Being remedial in nature, Article 1602 may be applied retroactively to cases arising prior to the effectivity of the New Civil Code. (Casabar v. Sino Cruz, L-6882, Dec. 29, 1954). Hence, it may be applied in this case to determine the nature of Exhibit 3." (at p. 1045; italics supplied).

The pertinent portions of the contract donominated as Pacto de Retro Sale stated:

Document: Colmenares vs Duterte (G.R. No. 245981) (CASE-AVR569-rw) | Section: Syllabi

by the lex contractus or “proper law of the contract.” This is the law voluntarily agreed upon by the parties (the lex loci voluntatis) or the law intended by them either expressly or implicitly (the lex loci intentionis). The law selected may be implied from such factors as substantial connection with the transaction, or the nationality or domicile of the parties. Philippine courts would do well to adopt the first and most basic rule in most legal systems, namely, to allow the parties to select the law applicable to their contract, subject to the limitation that it is not against the law, morals, or public policy of the forum and that the chosen law must bear a substantive relationship to the transaction. Indeed, in several contract disputes involving foreign elements, the Court has given primacy to the principle of lex loci intentionis, or the law intended by the parties. In much the same way, even while the Loan Agreements stipulate the application of Chinese law and appoint the CIETAC and HKIAC as arbitral tribunals, absent any showing that the assailed stipulations offend the law, morals, or public policy, the same must be sustained.

LEONEN, J., Dissenting Opinion:

Judicial Review; Grave Abuse of Discretion; View that under the present constitution, judicial review is no longer limited to the authority to settle actual controversies. It now includes the power “to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.” The incorporation of this new power was meant to narrow the reach of the political question doctrine and “to broaden the scope of judicial inquiry.”—Under the present constitution, judicial review is no longer limited to the authority to settle actual controversies. It now includes the power “to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.” The incorporation of this new power was meant to narrow the reach of the political question doctrine and “[to] broaden the scope of judicial inquiry[.]” Saguisag v. Ochoa, Jr., 779 SCRA 241 (2016), teaches: The power of judicial review has since been strengthened in the 1987 Constitution. The scope of that power has been extended to the determination of whether in matters traditionally considered to be within the sphere of appreciation of another branch of government, an exercise of discretion has been attended with grave abuse. The expansion of this

302

Document: R.A. No. 386 - An Act to Ordain and Institute the CIVIL Code of the Philippines (RA-386) | Section: ART. 2034. There may be a compromise upon the civil liability arising from an offense; but such compromise shall not extinguish the public action for the imposition of the legal penalty. (1813)

ART. 2034. There may be a compromise upon the civil liability arising from an offense; but such compromise shall not extinguish the public action for the imposition of the legal penalty. (1813)

ART. 2035. No compromise upon the following questions shall be valid: (1) The civil status of persons;

(2) The validity of a marriage or a legal separation;

(3) Any ground for legal separation;

(4) Future support;

(5) The jurisdiction of courts;

(6) Future legitime. (1814a) ART. 2036. A compromise comprises only those objects which are definitely stated therein, or which by necessary implication from its terms should be deemed to have been included in the same.

A general renunciation of rights is understood to refer only to those that are connected with the dispute which was the subject of the compromise. (1815)

Document: R.A. No. 386 - An Act to Ordain and Institute the CIVIL Code of the Philippines (RA-386) | Section: ART. 959. A disposition made in general terms in favor of the testator’s relatives shall be understood to be in favor of those nearest in degree. (751)

ART. 959. A disposition made in general terms in favor of the testator’s relatives shall be understood to be in favor of those nearest in degree. (751)

CHAPTER 3

LEGAL OR INTESTATE SUCCESSION

Document: R.A. No. 386 - An Act to Ordain and Institute the CIVIL Code of the Philippines (RA-386) | Section: ART. 1420. In case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter may be enforced.

ART. 1420. In case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter may be enforced.

Document: R.A. No. 386 - An Act to Ordain and Institute the CIVIL Code of the Philippines (RA-386) | Section: ART. 1748. An agreement limiting the common carrier’s liability for delay on account of strikes or riots is valid.

ART. 1748. An agreement limiting the common carrier’s liability for delay on account of strikes or riots is valid.

Document: Cruz vs. Court of Appeals (GR) (CASE-293 SCRA 239) | Section: Syllabi

Contracts constitute the law between the parties. They must be read together and interpreted in a manner that reconciles and gives life to all of them. The intent of the parties, as shown by the clear language used, prevails over post facto explanations that find no support from the words employed by the parties or from their contemporary and subsequent acts showing their understanding of such contracts. Furthermore, a subsequent agreement cannot novate or change by implication a previous one, unless the old and the new contracts are, on every point, incompatible with each other. Finally, collateral facts may be admitted in evidence when a rational similarity exists between the conditions giving rise to the fact offered and the circumstances surrounding the issue or fact to be proved.

Document: Colmenares vs Duterte (G.R. No. 245981) (CASE-AVR569-rw) | Section: Syllabi

by the lex contractus or “proper law of the contract.” This is the law voluntarily agreed upon by the parties (the lex loci voluntatis) or the law intended by them either expressly or implicitly (the lex loci intentionis). The law selected may be implied from such factors as substantial connection with the transaction, or the nationality or domicile of the parties. Philippine courts would do well to adopt the first and most basic rule in most legal systems, namely, to allow the parties to select the law applicable to their contract, subject to the limitation that it is not against the law, morals, or public policy of the forum and that the chosen law must bear a substantive relationship to the transaction. Indeed, in several contract disputes involving foreign elements, the Court has given primacy to the principle of lex loci intentionis, or the law intended by the parties. In much the same way, even while the Loan Agreements stipulate the application of Chinese law and appoint the CIETAC and HKIAC as arbitral tribunals, absent any showing that the assailed stipulations offend the law, morals, or public policy, the same must be sustained.

LEONEN, J., Dissenting Opinion:

Judicial Review; Grave Abuse of Discretion; View that under the present constitution, judicial review is no longer limited to the authority to settle actual controversies. It now includes the power “to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.” The incorporation of this new power was meant to narrow the reach of the political question doctrine and “to broaden the scope of judicial inquiry.”—Under the present constitution, judicial review is no longer limited to the authority to settle actual controversies. It now includes the power “to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.” The incorporation of this new power was meant to narrow the reach of the political question doctrine and “[to] broaden the scope of judicial inquiry[.]” Saguisag v. Ochoa, Jr., 779 SCRA 241 (2016), teaches: The power of judicial review has since been strengthened in the 1987 Constitution. The scope of that power has been extended to the determination of whether in matters traditionally considered to be within the sphere of appreciation of another branch of government, an exercise of discretion has been attended with grave abuse. The expansion of this

302

Document: Bustamante vs. Rosel (G.R) (CASE-319 SCRA 413) | Section: Syllabi

Syllabi

• Civil Law; Contracts; Pactum Commissorium; Article 1306 of the Civil Code is one of the exceptions to the rule that contracts have the force of law between the contracting parties and must be complied with in good faith.—Respondents argue that contracts have the force of law between the contracting parties and must be complied with in good faith. There are, however, certain exceptions to the rule, specifically Article 1306 of the Civil Code, which provides: “Article 1306. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy.” A scrutiny of the stipulation of the parties reveals a subtle intention of the creditor to acquire the property given as security for the loan. This is embraced in the concept of pactum commissorium, which is proscribed by law.

• Same; Same; Same; Elements of Pactum Commissorium.—“The elements of pactum commissorium are as follows: (1) there should be a property mortgaged by way of security for the payment of the principal obligation, and (2) there should be a stipulation for automatic appropriation by the creditor of the thing mortgaged in case of non-payment of the principal obligation within the stipulated period.”

PETITION for review on certiorari of a decision of the Court of Appeals.

The facts are stated in the resolutions of the Court.

Emerico B. Lomibao for petitioner.

Julio C. Contreras for private respondents.

Document: Dela Cruz vs. Dela Cruz (G.R) (CASE-419 SCRA 648) | Section: Syllabi

Syllabi

• Civil Law; Contracts; Interpretation of Contracts; As a rule, when the terms of a contract are clear and unambiguous as to the intention of the contracting parties, the literal meaning of its stipulations shall control; It is only when the words appear to contravene the evident intention of the parties that the latter shall prevail over the former; The real nature of a contract may be determined from the express terms of the agreement and from the contemporaneous and subsequent acts of the parties thereto.—Petitioners’ arguments are less than persuasive, to say the least. As a rule, when the terms of a contract are clear and unambiguous as to the intention of the contracting parties, the literal meaning of its stipulations shall control. It is only when the words appear to contravene the evident intention of the parties that the latter shall prevail over the former. The real nature of a contract may be determined from the express terms of the agreement and from the contemporaneous and subsequent acts of the parties thereto. When they have no intention to be bound at all, the purported contract is absolutely simulated and void. Hence, the parties may recover what they gave under the simulated contract. If, on the other hand, the parties state a false cause in the contract to conceal their real agreement, the contract is relatively simulated and the parties’ real agreement may be held binding between them.

• Same; Same; Same; For Article 1332 to apply, it must first be convincingly established that the illiterate or disadvantaged party could not read or understand the language in which the contract was written or that the contract was left unexplained to said party.—Petitioners harp on the fact that the assailed Deed was in English and that it was not explained to Paciencia. But we find that the petitioners failed to prove their allegation that Pacencia could not speak, read, or understand English. Moreover, Paciencia’s bare testimony on this point is uncorroborated. For Article 1332 to apply, it must first be convincingly established that the illiterate or disadvantaged party could not read or understand the language in which the contract was written, or that the contract was left unexplained to said party. Petitioners failed to discharge this burden.

Document: Dela Cruz vs. Dela Cruz (G.R) (CASE-419 SCRA 648 (2)) | Section: Syllabi

Syllabi

• Civil Law; Contracts; Interpretation of Contracts; As a rule, when the terms of a contract are clear and unambiguous as to the intention of the contracting parties, the literal meaning of its stipulations shall control; It is only when the words appear to contravene the evident intention of the parties that the latter shall prevail over the former; The real nature of a contract may be determined from the express terms of the agreement and from the contemporaneous and subsequent acts of the parties thereto.—Petitioners’ arguments are less than persuasive, to say the least. As a rule, when the terms of a contract are clear and unambiguous as to the intention of the contracting parties, the literal meaning of its stipulations shall control. It is only when the words appear to contravene the evident intention of the parties that the latter shall prevail over the former. The real nature of a contract may be determined from the express terms of the agreement and from the contemporaneous and subsequent acts of the parties thereto. When they have no intention to be bound at all, the purported contract is absolutely simulated and void. Hence, the parties may recover what they gave under the simulated contract. If, on the other hand, the parties state a false cause in the contract to conceal their real agreement, the contract is relatively simulated and the parties’ real agreement may be held binding between them.

• Same; Same; Same; For Article 1332 to apply, it must first be convincingly established that the illiterate or disadvantaged party could not read or understand the language in which the contract was written or that the contract was left unexplained to said party.—Petitioners harp on the fact that the assailed Deed was in English and that it was not explained to Paciencia. But we find that the petitioners failed to prove their allegation that Pacencia could not speak, read, or understand English. Moreover, Paciencia’s bare testimony on this point is uncorroborated. For Article 1332 to apply, it must first be convincingly established that the illiterate or disadvantaged party could not read or understand the language in which the contract was written, or that the contract was left unexplained to said party. Petitioners failed to discharge this burden.

Document: Ambrose vs SuqueAmbrose (G.R. No. 206761) (CASE-AVF387-rw) | Section: Syllabi

Lex loci celebrationis is a Latin term, literally translated as the law of the place of the ceremony. It means that the valid490

ity of a contract is governed by the place where it is made, executed, or to be performed. [Footnote *: ] It is adhered to by Philippine law, as enunciated under the first paragraph of Article 26 of the Family Code, viz.:

Otherwise stated, a marriage formally valid in the place it is celebrated is valid in the Philippines.

Lex loci celebrationis is a conflict of law principle that comes into play when there are substantive issues relating to a contract that is celebrated elsewhere than the place of citizenship of its parties. [Footnote *: ] Philippine courts apply the same, not only with respect to marriage but to other contracts, in order to determine the law that is to be applied in resolving disputes that arise as a result thereof.

Applied to this controversy, the marriage between the parties having been celebrated in the Philippines, is governed by Philippine laws. The same laws holds true with its incidents and consequences. Thus, all matters relating to the validity of the contract of marriage, such as the presence or absence of requisites, forms, or solemnities are to be judged in relation to the law in which it has been celebrated or performed.

Along this line, it is useful to state that when the marriage is celebrated elsewhere, its validity does not depend fully on foreign law. While accepted in the jurisdiction in which it is celebrated, it may be held invalid in the Philippines when it falls under the instances mentioned in par. 1, Article 26 of the Family Code such as incestuous or bigamous marriages. As

491

well, irrespective of the place of solemnization of marriage, Philippine laws bind the contracting Filipino citizen with respect to “family rights and duties, status, condition, and legal capacity”; any controversy arising therefrom would then have to be determined in accordance with the same law. [Footnote *: ]

Herein, it is indubitable that the action relates to the validity of the marriage celebrated in the Philippines. The petitioner’s action assails the psychological incapacity of the respondent to perform the essential marital obligations. Ultimately, therefore, the result of the action would have an effect on the personal status of the respondent. With this, there is no reason to foreclose the petitioner’s right to institute the instant petition for nullity of marriage.

Document: Ambrose vs SuqueAmbrose (G.R. No. 206761) (CASE-AVF387-rw) | Section: Syllabi

Same; Same; Same; Same; Persons and Family Relations; Marriages; It is useful to state that when the marriage is celebrated elsewhere, its validity does not depend fully on foreign law. While accepted in the jurisdiction in which it is celebrated, it may be held invalid in the Philippines when it falls under the instances mentioned in par. 1, Article 26 of the Family Code such as incestuous or bigamous marriages.—Lex loci celebrationis is a conflict of law principle that comes into play when there are substantive issues relating to a contract that is celebrated elsewhere than the place of citizenship of its parties. Philippine courts apply the same, not only with respect to marriage but to other contracts, in order to determine the law that is to be applied in resolving disputes that arise as a result thereof. Applied to this controversy, the marriage between the parties having been celebrated in the Philippines, is governed by Philippine laws. The same laws holds true with its incidents and consequences. Thus, all matters relating to the validity of the contract of marriage, such as the presence or absence of requisites, forms, or solemnities are to be judged in relation to the law in which it has been celebrated or performed. Along this line, it is useful to state that when the marriage is celebrated elsewhere, its validity does not depend fully on foreign law. While accepted in the jurisdiction in which it is celebrated, it may be held invalid in the Philippines when it falls under the instances mentioned in par. 1, Article 26 of the Family Code such as incestuous or bigamous marriages. As well, irrespective of the place of solemnization of marriage, Philippine laws bind the contracting Filipino citizen with respect to “family

484

rights and duties, status, condition, and legal capacity”; any controversy arising therefrom would then have to be determined in accordance with the same law.

Document: Lim vs Court of Appeals (CASE-65 SCRA 161) | Section: Syllabi

Syllabi

• Paternity and filiation; Recognition of natural children; Law in force at the time of recognition governs the act of recognition.—Since the recognition allegedly took place during the effectivity of the Civil Code of 1889, such recognition should be reckoned in accordance with the requisites established by the said Civil Code. For, the law in force at the time of the recognition governs the act of recognition.

• Same; Same; Civil Code of 1889; Recognition must be precise, express and solemn.—Recognition, under the Civil Code of 1889, “must be precise, express and solemn.”

• Same; Same; Same; Recognition must be made in the record of birth, in a will or in some other public document.—Section 131 of the Civil Code of 1889 requires that the recognition of a natural child “be made in the record of birth, in a will, or on some other public document.”

• Same; Same; Same; Public documents; Classes of.—According to article 1216 of the Civil Code of 1889, public documents “are those authenticated by a notary or by a competent public official, with the formalities required by law.” Thus, “there are two classes of public documents, those executed by private individuals which must be authenticated by notaries, and those issued by competent public officials by reason of their office.” “The public document pointed out in Article 131 as one of the means by which recognition may be made belongs to the first class.”

• Same; Same; Same; Same; Marriage contract not a public document of recognition.—The marriage contract is not a written act with the intervention of a notary; it is not an instrument executed in due form before a notary and certified by him. The marriage contract is a mere declaration by the contracting parties, in the presence of the person solemnizing the marriage and of two witnesses of legal age, that they take each other as husband and wife, signed by signature or mark by the said contracting parties and the said witnesses, and attested by the person solemnizing the marriage. The marriage contract does not possess the requisites of a public document of recognition.

Document: Floresca vs. Philex Mining Corporation (CASE-136 SCRA 141) | Section: Article 8 of the New Civil Code provides

“Idolatrous reverence” for the letter of the law sacrifices the human being. The spirit of the law insures man’s survival and ennobles him. In the words of Shakespeare, “the letter of the law killeth; its spirit giveth life.”

Document: Corpuz vs. People, G.R. No. 180016 (DSR-G.R. No. 180016) | Section: Article 315 ofthe RPC

Article 315 ofthe RPC

The cardinal canon in statutory construction - the Plain Meaning rule or verba legis - requires that "the meaning of a statute should, in the first instance, be sought in the language in which the act is framed; if the language is plain, the sole function of the courts is to enforce it according to its terms."[19] In interpreting any statute in the exercise of its judicial power of applying the law, the Court should always tum to this cardinal canon before all others. "Courts should always presume that a legislature says in a statute what it means and means in a statute what it says there,"[20] and that the legislature knows "the meaning of the words, to have used them advisedly, and to have expressed the intent by use of such words as are found in the statute."[21]

Thus, when the law is clear and free from any doubt or ambiguity,[22] and does not yield absurd and unworkable results[23] the duty of interpretation, more so of construction, does not arise;[24] the Court should resort to the canons of statutory construction only when the statute is ambiguous[25]

Interpretation, as understood in the rules of statutory construction, refers to the art of finding out the true sense of any form of words, or the sense which their author intended to convey.[26] Construction, on the other hand, refers to the art of drawing conclusions from matters beyond the direct expressions of text, from elements known from and given in the text, or conclusions that are in spirit, but not within the text,[27] where the intention is rendered doubtful, among others, because the given case is not explicitly provided for in the law[28] or because the words used are obscure or susceptible to numerous interpretations. Both these two terms, however, have no place in the present case as the meaning of the penalties imposed is clear and needs neither construction nor interpretation.

II.D. The ''Plain Meaning rule" and the principle of separation of powers prevent this Court from modifying, by adjusting for inflation, the penalties under Article 315 of the RPC

The language of the penalty clauses of Article 315 of the RPC is plain and clear; no reservation, condition or qualification, particularly on the need for adjustment for inflation, can be read from the law, whether by express provision or by implication. The clear legislative intention to penalize Estafa according to the "amount of Fraud" as enumerated in the law, therefore, should be deemed complete - Article 315 embodies all that the legislature intended when the law was crafted.

Document: Pimentel vs Legal Education Board (G.R. No. 230642) (CASE-AVM739-rw) | Section: Syllabi

Education;LegalEducation;Legaleducationorthestudyof law is not the practice of law, the former being merely preparatory to the latter; The definition of the practice of law, no matter how broad, cannot be further enlarged as to cover the study of law.—Petitioners readily acknowledge that legal education or the study of law is not the practice of law, the former being merely preparatory to the latter. In fact, the practice of law has a settled jurisprudential meaning: The practice of law is not limited to the conduct of cases or litigation in court; it embraces the preparation of pleadings and other papers incident to actions and social proceedings, the management of such actions and proceedings on behalf of clients before judges and courts, and in addition, conveying. In general, all advice to clients, and all action taken for them in matters connected with the law corporation services, assessment and condemnation services contemplating an appearance before a judicial body, the foreclosure of a mortgage, enforcement of a creditor’s claim in bankruptcy and insolvency proceedings, and conducting proceedings in attachment, and in matters of estate and guardianship have been held to constitute law practice as the preparation and drafting of legal instruments, where the work done involves the determination by the trained legal mind of the legal effect of facts and conditions. Practice of law under modern conditions consists in no small part of work performed outside of any court and having no immediate relation to proceedings in court. It embraces conveyancing, the giving of legal advice on a large variety of subjects, and the preparation and execution of legal instruments

296

covering an extensive field of business and trust relations and other affairs. Although these transactions may have no direct connection with court proceedings, they are always subject to become involved in litigation. They require in many aspects a high degree of legal skill, a wide experience with men and affairs, and great capacity for adaptation to difficult and complex situations. These customary functions of an attorney or counselor at law bear an intimate relation to the administration of justice by the courts. No valid distinction, so far as concerns the question set forth in the order, can be drawn between that part of the work of the lawyer which involved appearance in court and that part which involves advice and drafting of instruments in his office. It is of importance to the welfare of the public that these manifold customary functions be performed by persons possessed of adequate learning and skill, of sound moral character, and acting at all times under the heavy trust obligations to clients which rests upon all attorneys. x x x The definition of the practice of law, no matter how broad, cannot be further enlarged as to cover the study of law.

Document: Pimentel vs Legal Education Board (G.R. No. 230642) (CASE-AVM739-rw) | Section: Syllabi

Same;Same;Same;ViewthattheSupremeCourt(SC)recognizes that, aside from the written bar examination, the practical aspect of legal education is an essential component in the formation ofcompetentandablelawyers.—Instead of restricting the study of law only to the bar examinations, the Court must endeavor to promote its liberalization. The bar-centric mindset of law schools must be amended. It must be emphasized that legal education should not confine law students to the syllabi for bar examinations. Instead, law schools must encourage their students to freely take elective subjects that spark their interests; participate in legal aid clinics to render free legal service; experience debate and moot court competitions; and publish law journal articles for their respective schools. These liberalizations of legal education must be accomplished for the enrichment of the law student’s knowledge. In order to  implement these innovative measures, various stakeholders in the entire country must be consulted and conferred with to ensure active, wide, and effective participation. Notably, the Court has recently issued A.M. No. 19-03-24-SC, otherwise known as the Revised Law Student Practice Rule, which liberalizes the Law Student Practice. It was issued to ensure access to justice for the marginalized sectors, to enhance learning opportunities of law students, to instill  among them the value of legal professional social responsibility, and to prepare them for the practice of law. Further, the completion of clinical legal education courses was made a prerequisite of the bar examinations to produce practice-ready lawyers. Thus, the Court recognizes that, aside from the written bar examination, the practical aspect of legal education is an essential component in the formation of competent and able lawyers.

Same;Same;Same;DoctrineofConstitutionalAvoidance; WordsandPhrases;ViewthatthedoctrineofconstitutionalavoidancestatesthattheSupremeCourt(SC)maychoosetoignoreor sidestep a constitutional question if there is some other ground upon which the casecanbedisposedof.—One of the issues raised by the parties is that R.A. No. 7662 is unconstitutional because it infringes

361

Document: Pimentel vs Legal Education Board (G.R. No. 230642) (CASE-AVM739-rw) | Section: Syllabi

Same;Same;Same;Viewthatthereisnoclearevidencethat grades and other evaluators of law school performance, and even the barexamination,areparticularlygoodpredictorsofcompetenceor success as a lawyer.—It must be stressed that the bar examination is not the sole and penultimate goal of the study of law. There is no clear evidence that grades and other evaluators of law school performance, and even the bar examination, are particularly good predictors of competence or success as a lawyer. The legal education is a wide spectrum of discipline, ranging from the traditional subjects of political, civil, and remedial laws, to the liberal and innovative subjects of media, sports, and competition laws. It is not confined to

360

litigation practice, court hearings, and drafting pleadings and other legal documents. The study of law is a dynamic concept that seeks to analyze, comprehend and apply the effects and interrelationships of the Constitution, laws, rules, and regulations, in view of a just and humane society.

Document: Pimentel vs Legal Education Board (G.R. No. 230642) (CASE-AVM739-rw) | Section: Syllabi

Statutory Construction; Basic is the rule in statutory construction that every part of the statute must be interpreted with reference to the context, that is, every part must be read together with the other parts, to the end that the general intent of the law is given primacy.—Much of the protestation against the LEB’s exercise of the power to prescribe the minimum standards for law admission stems from the interpretation extended to the phrase “law admission.” For petitioners, “law admission” pertains to the practice of law, the power over which belongs exclusively to the Court. The statutory context and the intent of the legislators do not permit such interpretation. Basic is the rule in statutory construction that every part of the statute must be interpreted with reference to the context, that is, every part must be read together with the other parts, to the end that the general intent of the law is given primacy. As such, a law’s clauses and phrases cannot be interpreted as isolated expressions nor read in truncated parts, but must be considered to form a harmonious whole. Accordingly, the LEB’s power under Section 7(e) of R.A. No. 7662 to prescribe the minimum standards for law admission should be read with the State policy behind the enactment of R.A. No. 7662 which is fundamentally to uplift the standards of legal education and the law’s thrust to undertake reforms in the legal education system. Construing the LEB’s power to prescribe the standards for law admission together with the LEB’s other powers to administer, supervise, and accredit law schools, leads to the logical interpretation that the law circumscribes the LEB’s power to prescribe admission requirements only to those seeking enrollment to a school or college of law and not to the practice of law.

Education; Legal Education; Law Admission; The phrase “law admission” pertains to admission to the study of law or to legal education, and not to the practice of law.—Reference may also be made to DECS Order No. 27-1989, as the immediate precursor of R.A. No. 7662, as to what is sought to be regulated when the law speaks of “law admission” requirements. Section 1, Article VIII of DECS Order

308

Document: Pimentel vs Legal Education Board (G.R. No. 230642) (CASE-AVM739-rw) | Section: Syllabi

Practice of Law; Law Student Practice; Legal Education Board; View that law practice internship or articling as it is called elsewhere alreadyinvolvesthepracticeoflaw.Itcallsforputtingone’slegal education to apply to real life situations. Continuing legal education covers lawyers, not law students. It is part and parcel of ensuring a lawyer’s competence, not a law student’s aptitude for legal education. Clearly,theLegalEducationBoard(LEB)cannotdecideonthese mattersprimarily,directly,andmuchless,exclusively.—A “statute must always be construed as a whole, and the particular meaning to beattached to any word or phrase isusually to beascertained from the context, the nature of the subject treated and the purpose or intention of the body which enacted or framed the statute.” In other words, the rule’s purpose or context must be the controlling guide in interpreting every provision thereof. Accordingly, I read Subsections 7(g) and (h) with the caveat that the Legal Education Board’s exercise of power over these matters is neither final, direct, primary nor exclusive for the simple reason that the subject matters of Subsections 7(g) and (h) are no longer about promoting the quality of legal education. Law practice internship or articling as it is called elsewhere alreadyinvolvesthepracticeoflaw. Itcallsforputtingone’s

372

legal education to apply to real life situations. Continuing legal education covers lawyers, not law students. It is part and parcel of ensuringalawyer’scompetence, nota lawstudent’saptitudeforlegal education. Clearly, theLegalEducationBoardcannotdecide onthesemattersprimarily,directly,andmuchless,exclusively. Subsections7(g) and (h) soasnottorenderthemunconstitutional or illegal, must be read consistent with the objectiveofRA7662: is tofocusonenhancingthequalityof legal education, and these provisions cannotbegiveneffect beyond that objective**.

Document: Villafuerte vs. Court of Appeals (G.R) (CASE-459 SCRA 58) | Section: Syllabi

While Article 19 of the New Civil Code may have been intended as a declaration of principle, the “cardinal law on human conduct” expressed in said article has given rise to certain rules, e.g., that where a person exercises his rights but does so arbitrarily or unjustly or performs his duties in a manner that is not in keeping with honesty and good faith, he opens himself to civil liability. (Andrade vs. Court of Appeals, 371 SCRA 555 [2001])

Document: Versoza vs. Versoza, G.R. No. L-25609 (DSR-G.R. No. L-25609) | Section: Article 1814 of the Spanish Civil Code was reproduced in Article

Article 1814 of the Spanish Civil Code was reproduced in Article

2035 of the new Civil Code - in an expanded form - as follows:

"ART. 2035.  No compromise upon the following questions shall be valid:

(1) The civil status of persons;

(2) The validity of a marriage or a legal separation;

(3) Any ground for legal separation;

(4) Future support;

(5) The Jurisdiction of courts;

(6) Future Legitime."

It thus appears that Article 2035 has roots deeper than Article 222.  For, whereas Article 222 is inserted as a new concept in the present Code in a laudable effort to obviate a sad and tragic spectacle occasioned by a litigation between members of the same family, Article 2035 firmly maintains the ancient Injunction against compromise on matters involving future support.  And this is as it should be.  For, even as Article 222 requires earnest efforts at a compromise and inability to reach one as a condition precedent to the filing and maintenance of a suit "between the members of the same family", that same article took good care to add: "subject to the limitations in article 2035."

Plaintiffs ask for support past, present and future.  There is also the prayer for alimony pendente lite.  Since the present action also revolves on the right to future support and because compromise on future support is proscribed,[14] then the conclusion is irresistible that an attempt at compromise of future support and failure thereof is not a condition precedent to the filing of the present suit.  It need not be alleged in the Complaint.  The very opening statement in Article 2035 unmistakably confirms our view.  It says that "(n)o compromise upon the following questions shall be valid: x x x (4) Future support."[15] We cannot afford to give a loose view to this controlling statute.  We may not disregard it.  To do so is to misread the law, to write off an explicit congressional will, to cross the line which circumscribes courts of justice and step into legislative area.

Document: Falcis Iii vs. Civil Registrar General, G.R. No. 217910 (DSR-G.R. No. 217910) | Section: ARTICLE 13. Mitigating Circumstances. — The following are mitigating circumstances

ARTICLE 13. Mitigating Circumstances. — The following are mitigating circumstances:

xxx xxx xxx

1. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.

2. REV. PEN. CODE, art. 15 provides:

ARTICLE 15. Their concept. — Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication, and the degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony; but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.

1. REV. PEN. CODE, art. 266-B as amended by Republic Act No. 8353 (1997), provides:

Document: Barretto vs. Tuason, G.R. Nos. 36811 and 36827 and 36840 and 36872 (DSR-G.R. Nos. 36811 and 36827 and 36840 and 36872) | Section: Article 1939 of the present Civil Code provides

Article 1939 of the present Civil Code provides:

"ART. 1939. Prescription which began to run before the publication of this Code shall be governed by the prior law; but if, after this Code took effect, all the time required by the same for prescription has elapsed, it shall be sufficient even if according to such prior law a longer period of time would have been required."

And article 1301 of the same Code provides:

"ART . 1301. The action of annulment shall last four years.

"The term shall commence to run—

"In cases of intimidation or violence from the day on which it has ceased;

"In those of error or deceit or falsity of consideration, from the date of the consummation of the contract;

"When the purpose of the action is to invalidate the unauthorized contracts of a married woman, from the date of the dissolution of the marriage;

"With respect to contracts made by minors or incapacitated persons, from the date they were released from guardianship."

According to these provisions, the action of annulment, admitting that it had not yet prescribed when the Civil Code took effect in these Islands on December 7, 1889 (Mijares vs. Nery, 3 Phil., 195), should have been commenced by the impugners of the sales within the four (4) years following the taking effect of the Civil Code, which was not done.

The rules of prescription found in the Code of Civil Procedure, Act No. 190, are not applicable to the action of annulment under consideration, because according to section 38 thereof, the prescriptive period provided in former statutes should be applied to rights of action which have already accrued before it went into effect.

Document: Dioquino vs. Laureano, G.R. No. L-25906 (DSR-G.R. No. L-25906) | Section: Art. 1174 of the present Civil Code which is a restatement of Art. 1105 of the

Art. 1174 of the present Civil Code which is a restatement of Art. 1105 of the

Old Civil Code, except for the addition of the nature of an obligation requiring the assumption of risk, compels such a conclusion.  It reads thus: "Except in cases expressly specified by the law, or when is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable." Even under the old Civil Code then, as stressed by us in the first decision dating back to 1908, in an opinion by Justice Mapa, the rule was well-settled that in the absence of a legal provision or an express covenant, "no one should be held to account for fortuitous cases."[3] Its basis, as Justice Moreland stressed, is the Roman law principle major casus est, cui humana infirmitas resistere non potest.[4] Authorities of repute are in agreement, more specifically concerning an obligation arising from contract "that some extraordinary circumstance independent of the will of the obligor, or of his employees, is an essential element of a caso fortuito.[5] If it could be shown that such indeed was the case, liability is ruled out.  There is no requirement of "diligence beyond what human care and foresight can provide."[6]

The error committed by the lower court in holding defendant Federico Laureano liable appears to be thus obvious.  Its own findings of fact repel the notion that he should be made to respond in damages to the plaintiff for the broken windshield.  What happened was clearly unforeseen.  It was a fortuitous event resulting in a loss which must be borne by the owner of the car.  An element of reasonableness in the law would be manifestly lacking if, on the circumstances as thus disclosed, legal responsibility, could be imputed to an individual in the situation of defendant Laureano.  Art. 1174 of the Civil Code guards against the possibility of its being visited with such a reproach.  Unfortunately, the lower court was of a different mind and thus failed to heed its command.

Document: Pimentel vs Legal Education Board (G.R. No. 230642) (CASE-AVM739-rw) | Section: Syllabi

Statutory Construction; Basic is the rule in statutory construction that every part of the statute must be interpreted with reference to the context, that is, every part must be read together with the other parts, to the end that the general intent of the law is given primacy.—Much of the protestation against the LEB’s exercise of the power to prescribe the minimum standards for law admission stems from the interpretation extended to the phrase “law admission.” For petitioners, “law admission” pertains to the practice of law, the power over which belongs exclusively to the Court. The statutory context and the intent of the legislators do not permit such interpretation. Basic is the rule in statutory construction that every part of the statute must be interpreted with reference to the context, that is, every part must be read together with the other parts, to the end that the general intent of the law is given primacy. As such, a law’s clauses and phrases cannot be interpreted as isolated expressions nor read in truncated parts, but must be considered to form a harmonious whole. Accordingly, the LEB’s power under Section 7(e) of R.A. No. 7662 to prescribe the minimum standards for law admission should be read with the State policy behind the enactment of R.A. No. 7662 which is fundamentally to uplift the standards of legal education and the law’s thrust to undertake reforms in the legal education system. Construing the LEB’s power to prescribe the standards for law admission together with the LEB’s other powers to administer, supervise, and accredit law schools, leads to the logical interpretation that the law circumscribes the LEB’s power to prescribe admission requirements only to those seeking enrollment to a school or college of law and not to the practice of law.

Education; Legal Education; Law Admission; The phrase “law admission” pertains to admission to the study of law or to legal education, and not to the practice of law.—Reference may also be made to DECS Order No. 27-1989, as the immediate precursor of R.A. No. 7662, as to what is sought to be regulated when the law speaks of “law admission” requirements. Section 1, Article VIII of DECS Order

308

Document: Pimentel vs Legal Education Board (G.R. No. 230642) (CASE-AVM739-rw) | Section: Syllabi

Same;Same;Same;ViewthattheSupremeCourt(SC)recognizes that, aside from the written bar examination, the practical aspect of legal education is an essential component in the formation ofcompetentandablelawyers.—Instead of restricting the study of law only to the bar examinations, the Court must endeavor to promote its liberalization. The bar-centric mindset of law schools must be amended. It must be emphasized that legal education should not confine law students to the syllabi for bar examinations. Instead, law schools must encourage their students to freely take elective subjects that spark their interests; participate in legal aid clinics to render free legal service; experience debate and moot court competitions; and publish law journal articles for their respective schools. These liberalizations of legal education must be accomplished for the enrichment of the law student’s knowledge. In order to  implement these innovative measures, various stakeholders in the entire country must be consulted and conferred with to ensure active, wide, and effective participation. Notably, the Court has recently issued A.M. No. 19-03-24-SC, otherwise known as the Revised Law Student Practice Rule, which liberalizes the Law Student Practice. It was issued to ensure access to justice for the marginalized sectors, to enhance learning opportunities of law students, to instill  among them the value of legal professional social responsibility, and to prepare them for the practice of law. Further, the completion of clinical legal education courses was made a prerequisite of the bar examinations to produce practice-ready lawyers. Thus, the Court recognizes that, aside from the written bar examination, the practical aspect of legal education is an essential component in the formation of competent and able lawyers.

Same;Same;Same;DoctrineofConstitutionalAvoidance; WordsandPhrases;ViewthatthedoctrineofconstitutionalavoidancestatesthattheSupremeCourt(SC)maychoosetoignoreor sidestep a constitutional question if there is some other ground upon which the casecanbedisposedof.—One of the issues raised by the parties is that R.A. No. 7662 is unconstitutional because it infringes

361

Document: Pimentel vs Legal Education Board (G.R. No. 230642) (CASE-AVM739-rw) | Section: Syllabi

Same;Same;Same;Viewthatthereisnoclearevidencethat grades and other evaluators of law school performance, and even the barexamination,areparticularlygoodpredictorsofcompetenceor success as a lawyer.—It must be stressed that the bar examination is not the sole and penultimate goal of the study of law. There is no clear evidence that grades and other evaluators of law school performance, and even the bar examination, are particularly good predictors of competence or success as a lawyer. The legal education is a wide spectrum of discipline, ranging from the traditional subjects of political, civil, and remedial laws, to the liberal and innovative subjects of media, sports, and competition laws. It is not confined to

360

litigation practice, court hearings, and drafting pleadings and other legal documents. The study of law is a dynamic concept that seeks to analyze, comprehend and apply the effects and interrelationships of the Constitution, laws, rules, and regulations, in view of a just and humane society.

Document: Laurel vs Delute (G.R) (CASE-AUW684-rw) | Section: Syllabi

Syllabi

Attorneys; Practice of Law; The practice of law is so intimately affected with public interest that it is both a right and a duty of the State to control and regulate it in order to promote the public welfare.—Preliminarily, the Court deems it appropriate to address respondent’s invocation of laches due to the supposed delay in filing the instant administrative complaint. Suffice it to say that “[t]he Court’s disciplinary authority cannot be defeated or frustrated by a mere delay in filing the complaint, or by the complainant’s motivation to do so. The practice of law is so intimately affected with public interest that it is both a right and a duty of the State to control and regulate it in order to promote the public welfare.” Hence, prescription or laches cannot be said to apply in disciplinary proceedings against erring lawyers, as in this case.

Same; Disciplinary Proceedings Against Lawyers; It is well-settled that “disciplinary proceedings against lawyers are sui generis in that they are neither purely civil nor purely criminal; they involve

14

Document: Pimentel vs Legal Education Board LEB (G.R. No. 230642) (CASE-AVP496-rw) | Section: Syllabi

Same; Same; Same; View that the requirement shall ensure that those who will take the Master of Laws program are qualified in a sense that they are well-equipped to further concentrate on their selected area of law and their triumph through their contributions thereafter will unequivocally refine legal education and benefit society.—Evidently, a Bachelor of Laws degree is in a dissimilar position juxta187

posed with other baccalaureates or even post-graduate diplomas. Such condition is germane to the purpose of the law. To reiterate, RA 6772 seeks to boost the standards of legal education. It cannot be stressed enough that the requirement shall ensure that those who will take the Master of Laws program are qualified in a sense that they are well-equipped to further concentrate on their selected area of law and their triumph through their contributions thereafter will unequivocally refine legal education and benefit society. The said imperative is not confined to existing conditions only as it applies equally to all members of the same class since the proscription shall be enforced to all non-law graduates. Suffice it to say that as long as the classification is valid and not trivial, a statute that treats one class differently from another class will not contravene the equal protection clause.

Statutory Construction; Ejusdem Generis; View that the basic statutory construction principle of ejusdem generis states that where a general word or phrase follows an enumeration of particular and specific words of the same class, the general word or phrase is to be construed to include — or to be restricted to — things akin to or resembling, or of the same kind or class as, those specifically mentioned.—Noscitur a sociis — where a particular word or phrase is ambiguous in itself or is equally susceptible of various meanings, its correct construction may be made clear and specific by considering the company of the words in which it is found or with which it is associated, or stated differently, its obscurity or doubt may be reviewed by reference to associated words. Upon this point, the basic statutory construction principle of ejusdem generis states that where a general word or phrase follows an enumeration of particular and specific words of the same class, the general word or phrase is to be construed to include — or to be restricted to — things akin to or resembling, or of the same kind or class as, those specifically mentioned.

MOTIONS FOR RECONSIDERATION of the decision of the Supreme Court dated September 10, 2019; PARTIAL MOTION FOR RECONSIDERATION of the of the decision of the Supreme Court in G.R. NO. 242954; and PETITION-IN-INTERVENTION in the Supreme Court.

Document: Ambrose vs SuqueAmbrose (G.R. No. 206761) (CASE-AVF387-rw) | Section: Syllabi

Lex loci celebrationis is a Latin term, literally translated as the law of the place of the ceremony. It means that the valid490

ity of a contract is governed by the place where it is made, executed, or to be performed. [Footnote *: ] It is adhered to by Philippine law, as enunciated under the first paragraph of Article 26 of the Family Code, viz.:

Otherwise stated, a marriage formally valid in the place it is celebrated is valid in the Philippines.

Lex loci celebrationis is a conflict of law principle that comes into play when there are substantive issues relating to a contract that is celebrated elsewhere than the place of citizenship of its parties. [Footnote *: ] Philippine courts apply the same, not only with respect to marriage but to other contracts, in order to determine the law that is to be applied in resolving disputes that arise as a result thereof.

Applied to this controversy, the marriage between the parties having been celebrated in the Philippines, is governed by Philippine laws. The same laws holds true with its incidents and consequences. Thus, all matters relating to the validity of the contract of marriage, such as the presence or absence of requisites, forms, or solemnities are to be judged in relation to the law in which it has been celebrated or performed.

Along this line, it is useful to state that when the marriage is celebrated elsewhere, its validity does not depend fully on foreign law. While accepted in the jurisdiction in which it is celebrated, it may be held invalid in the Philippines when it falls under the instances mentioned in par. 1, Article 26 of the Family Code such as incestuous or bigamous marriages. As

491

well, irrespective of the place of solemnization of marriage, Philippine laws bind the contracting Filipino citizen with respect to “family rights and duties, status, condition, and legal capacity”; any controversy arising therefrom would then have to be determined in accordance with the same law. [Footnote *: ]

Herein, it is indubitable that the action relates to the validity of the marriage celebrated in the Philippines. The petitioner’s action assails the psychological incapacity of the respondent to perform the essential marital obligations. Ultimately, therefore, the result of the action would have an effect on the personal status of the respondent. With this, there is no reason to foreclose the petitioner’s right to institute the instant petition for nullity of marriage.

Document: Colmenares vs Duterte (G.R. No. 245981) (CASE-AVR569-rw) | Section: Syllabi

by the lex contractus or “proper law of the contract.” This is the law voluntarily agreed upon by the parties (the lex loci voluntatis) or the law intended by them either expressly or implicitly (the lex loci intentionis). The law selected may be implied from such factors as substantial connection with the transaction, or the nationality or domicile of the parties. Philippine courts would do well to adopt the first and most basic rule in most legal systems, namely, to allow the parties to select the law applicable to their contract, subject to the limitation that it is not against the law, morals, or public policy of the forum and that the chosen law must bear a substantive relationship to the transaction. Indeed, in several contract disputes involving foreign elements, the Court has given primacy to the principle of lex loci intentionis, or the law intended by the parties. In much the same way, even while the Loan Agreements stipulate the application of Chinese law and appoint the CIETAC and HKIAC as arbitral tribunals, absent any showing that the assailed stipulations offend the law, morals, or public policy, the same must be sustained.

LEONEN, J., Dissenting Opinion:

Judicial Review; Grave Abuse of Discretion; View that under the present constitution, judicial review is no longer limited to the authority to settle actual controversies. It now includes the power “to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.” The incorporation of this new power was meant to narrow the reach of the political question doctrine and “to broaden the scope of judicial inquiry.”—Under the present constitution, judicial review is no longer limited to the authority to settle actual controversies. It now includes the power “to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.” The incorporation of this new power was meant to narrow the reach of the political question doctrine and “[to] broaden the scope of judicial inquiry[.]” Saguisag v. Ochoa, Jr., 779 SCRA 241 (2016), teaches: The power of judicial review has since been strengthened in the 1987 Constitution. The scope of that power has been extended to the determination of whether in matters traditionally considered to be within the sphere of appreciation of another branch of government, an exercise of discretion has been attended with grave abuse. The expansion of this

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Document: Falcis Iii vs. Civil Registrar General, G.R. No. 217910 (DSR-G.R. No. 217910) | Section: ARTICLE 13. Mitigating Circumstances. — The following are mitigating circumstances

ARTICLE 13. Mitigating Circumstances. — The following are mitigating circumstances:

xxx xxx xxx

1. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.

2. REV. PEN. CODE, art. 15 provides:

ARTICLE 15. Their concept. — Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication, and the degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony; but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.

1. REV. PEN. CODE, art. 266-B as amended by Republic Act No. 8353 (1997), provides:

Document: Lavadia vs. Heirs Of Luna, G.R. No. 171914 (DSR-G.R. No. 171914) | Section: Article 142 of the Civil Code has defined a conjugal partnership of gains thusly

Article 142 of the Civil Code has defined a conjugal partnership of gains thusly:

Article 142. By means of the conjugal partnership of gains the husband and wife place in a common fund the fruits of their separate property and the income from their work or industry, and divide equally, upon the dissolution of the marriage or of the partnership, the net gains or benefits obtained indiscriminately by either spouse during the marriage.

The conjugal partnership of gains subsists until terminated for any of various causes of termination enumerated in Article 175 of the Civil Code, viz:

Article 175. The conjugal partnership of gains terminates:

(1) Upon the death of either spouse;

(2) When there is a decree of legal separation;

(3) When the marriage is annulled;

(4) In case of judicial separation of property under Article 191.

The mere Execution of the Agreement by Atty. Luna and Eugenia did not per se dissolve and liquidate their conjugal partnership of gains. The approval of the Agreement by a competent court was still required under Article 190 and Article 191 of the Civil Code, as follows:

Article 190. In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage shall not take place save in virtue of a judicial order. (1432a)

Article 191. The husband or the wife may ask for the separation of property, and it shall be decreed when the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction, or has been declared absent, or when legal separation has been granted.

x x x x

The husband and the wife may agree upon the dissolution of the conjugal partnership during the marriage, subject to judicial approval. All the creditors of the husband and of the wife, as well as of the conjugal partnership shall be notified of any petition for judicial approval or the voluntary dissolution of the conjugal partnership, so that any such creditors may appear at the hearing to safeguard his interests. Upon approval of the petition for dissolution of the conjugal partnership, the court shall take such measures as may protect the creditors and other third persons.

After dissolution of the conjugal partnership, the provisions of articles 214 and 215 shall apply. The provisions of this Code concerning the effect of Partition stated in articles 498 to 501 shall be applicable. (1433a)

Document: Versoza vs. Versoza, G.R. No. L-25609 (DSR-G.R. No. L-25609) | Section: Article 1814 of the Spanish Civil Code was reproduced in Article

Article 1814 of the Spanish Civil Code was reproduced in Article

2035 of the new Civil Code - in an expanded form - as follows:

"ART. 2035.  No compromise upon the following questions shall be valid:

(1) The civil status of persons;

(2) The validity of a marriage or a legal separation;

(3) Any ground for legal separation;

(4) Future support;

(5) The Jurisdiction of courts;

(6) Future Legitime."

It thus appears that Article 2035 has roots deeper than Article 222.  For, whereas Article 222 is inserted as a new concept in the present Code in a laudable effort to obviate a sad and tragic spectacle occasioned by a litigation between members of the same family, Article 2035 firmly maintains the ancient Injunction against compromise on matters involving future support.  And this is as it should be.  For, even as Article 222 requires earnest efforts at a compromise and inability to reach one as a condition precedent to the filing and maintenance of a suit "between the members of the same family", that same article took good care to add: "subject to the limitations in article 2035."

Plaintiffs ask for support past, present and future.  There is also the prayer for alimony pendente lite.  Since the present action also revolves on the right to future support and because compromise on future support is proscribed,[14] then the conclusion is irresistible that an attempt at compromise of future support and failure thereof is not a condition precedent to the filing of the present suit.  It need not be alleged in the Complaint.  The very opening statement in Article 2035 unmistakably confirms our view.  It says that "(n)o compromise upon the following questions shall be valid: x x x (4) Future support."[15] We cannot afford to give a loose view to this controlling statute.  We may not disregard it.  To do so is to misread the law, to write off an explicit congressional will, to cross the line which circumscribes courts of justice and step into legislative area.

Document: In Re: Testate Estate Of Christensen, Aznar vs. Garcia, G.R. No. L-16749 (DSR-G.R. No. L-16749) | Section: G. R. No. L-16749, January 31, 1963

If it accepts the so-called Renvoi doctrine, it will

follow the latter course, thus applying its own law.

"This is one type of Renvoi.

A jural matter is presented which the

conflict-of-laws rule of the forum refers to a foreign law; the conflict-of-laws rule of which, in turn refers the matter back again to the law of the forum.

This is Renvoi in the norrower sense.

The German

term for this judicial process is 'Ruckverweisung.'" (Harvard Law Review, Vol.

31, pp.

523-571.)

"After a decision has been arrived at that a foreign law is to be resorted to as governing a particular case, the further question may arise: Are the rules as to the conflict of laws contained in such foreign law also to be resorted to?

This is a question which, while it has been considered by the

courts in but a few instances, has been the subject of frequent discussion by textwriters and essayists; and the doctrine involved has been descriptively designated by them as the 'Renvoyer' to send back, or the Ruchverswisung', or the 'Weiterverweisung', since an affirmative answer to the question postulated and the operation of the Adoption of the foreign law in toto would in many cases result in returning the main controversy to be decided according to the law of the forum' * * *" (15 C.J.S.

872.)

"Another theory, known as the 'doctrine of Renvoi', has been advanced.

The theory of the doctrine of Renvoi is

that the court of the forum, in determining the question before it, must take into account the whole law of the other Jurisdiction, but also its rules as to conflict of laws, and then apply the law to the actual question which the rules of the other Jurisdiction prescribe.

This may be the law of the forum.

The doctrine of the Renvoi has

generally been repudiated by the American authorities." (2 Am.

Jur.

296.)

Document: In Re: Testate Estate Of Christensen, Aznar vs. Garcia, G.R. No. L-16749 (DSR-G.R. No. L-16749) | Section: G. R. No. L-16749, January 31, 1963

The scope of the theory of Renvoi has also been defined and the reasons for its application in a country explained by Prof. Lorenzen in an article in the Yale Law Journal, Vol. 27, 1917-1918, pp. 509-531. The pertinent parts of the article are quoted herein below:

"The recognition of the Renvoi theory implies that the rules of the conflict of laws are to be understood as incorporating not only the ordinary or internal law of the foreign state or country, but its rules of the conflict of laws as well. According to this theory the law of a country’ means the whole of its law.

*       *       *       *       *       *       *

"Von Bar presented his views at the meeting of the institute of International Law , at Neuchatel, in 1900, in the form of the following theses:

"(1) Every court shall observe the law of its country as regards the application of foreign laws.

"(2) Provided that no express provision to the contrary exists, the court shall respect:

"(a) The provisions of a foreign law which disclaims the right to bind its nationals abroad as regards their personal statute, and desires that said personal statute shall be determined by law of the domicile, or even by the law of the place where the act in question occurred.

"(b) The decision of two or more foreign systems of law, provided it be certain that one of them is necessarily competent, which agree in attributing the determination of a question to the same system of law.

*       *       *       *       *       *       *

"If, for example, the English Law directs its judge to distribute the personal estate of an Englishman who has died domiciled in Belgium in accordance with the law of his domicile, he must first inquire whether the law of Belgium would, distribute personal property upon death in accordance with the law of domicile, and if he finds that the Belgian law would make the distribution in accordance with the law of nationality—that is the English law,—he must accept this reference back to his own law."

Document: Aznar vs Garcia (G.R. Nos. L-11483-84) (CASE-ASL812-rw) | Section: Syllabi

This is a question which, while it has been considered by the courts in but a few instances, has been the subject of frequent discussion by textwriters and essayists; and the doctrine involved has been descriptively designated by them as the ‘Renvoyer’to send back, or the ‘Ruchversweisung’, or the ‘Weiterverweisung’, since an affirmative answer to the question postulated and the operation of the adoption of the foreign law in toto would in many cases result in returning the main controversy to be decided according to the law of the forum.

x x x (16 C.J.S.

872.)

“Another theory, known as the “doctrine of renvoi”, has been advanced.

The theory of the doctrine of renvoi is that the court of the forum, in determining the question before it, must take into account the whole law of the other jurisdiction, but also its rules as to conflict of laws, and then apply the law to the actual question which the rules of the other jurisdiction prescribe.

This may be the law of the forum.

The doctrine of the renvoi has generally been repudiated by the American authorities.” (2 Am.

Jur.

296)

The scope of the theory of renvoi has also been defined and the reasons for its application in a country explained by Prof. Lorenzen in an article in the Yale Law Journal, Vol. 27, 1917-1918, pp. 529-531. The pertinent parts of the article are quoted herein below:

Document: In Re: Testate Estate Of Christensen, Aznar vs. Garcia, G.R. No. L-16749 (DSR-G.R. No. L-16749) | Section: G. R. No. L-16749, January 31, 1963

"The problem has been stated in this way: 'When the Conflict of Laws rule of the forum refers a jural matter to a foreign law for decision, is the reference to the corresponding rule of the Conflict of Law of that foreign law, or is the reference to the purely internal rules of law of the foreign system; i.e., to the totality of the foreign law, minus its Conflict of Laws rules?’

"On logic, the solution, is' not an easy one.

The Michigan court chose, to

accept the Renvoi, that is, applied the Conflict of Laws rule of Illinois which referred the matter back to Michigan law.

But once

having: determined that the Conflict of Laws principle is the rule looked to, it is difficult to see why the reference back should not have been to Michigan Conflict of Laws.

This would have resuited in the

'endless chain of references' which has so often been criticized by legal writers.

The opponents of the Renvoi would have looked merely to

the internal law of Illinois , thus rejecting the Renvoi or the reference back.

Yet there seems no compelling logical reason why the

original reference should be to the internal law rather than to the Conflict of Laws rule.

It is true that such a solution avoids going on

a merry-go-round, but those who have accepted the Renvoi theory avoid this inextricabilis circulus by getting off at the second reference and at that point applying internal law.

Perhaps the opponents of the

Renvoi are a bit more consistent for they look always to internal law as the rule of reference.

"Strangely enough, both the advocates for and the objectors to the Renvoi plead that greater uniformity will result from Adoption of their respective views.

And

still more strange is the fact that the only way to achieve uniformity in this choice-of-law problem is if in the dispute the two states whose laws form the legal basis of the litigation disagree as to whether the Renvoi should be accepted.

It both reject, or both accept the doctrine,

the result of the litigation will vary with the choice of the forum.

Document: Aznar vs Garcia (G.R. Nos. L-11483-84) (CASE-ASL812-rw) | Section: Syllabi

“The recognition of the renvoi theory implies that the rules of the conflict of laws are to be understood as incorporating not only the ordinary or internal law of the foreign state or country, but its rules of the conflict of laws as well. According to this theory ‘the law of a country’ means the whole of its law.

x x x x x x x

“Von Bar presented his views at the meeting of the Institute of International Law, at Neuchatel, in 1900, in the form of the following theses:

“(1) Every court shall observe the law of its country as regards the application of foreign laws.

“(2) Provided that no express provision to the contrary exists, the court shall respect:

“(a) The provisions of a foreign law which disclaims the right to bind its nationals abroad as regards their personal statute, and desires that said personal statute shall be determined by the law of the domicile, or even by the law of the place where the act in question occurred.

“(b) The decision of two or more foreign systems of law, provided it be certain that one of them is necessarily competent, which agree in attributing the determination of a question to the same system of law.

x x x x x x x

“If, for example, the English law directs its judge to distribute the personal estate of an Englishman who has died domiciled in Belgium in accordance with the law of his domicile, he must first inquire whether the law of Belgium would distribute personal property upon death in accordance with the law of domicile, and if he finds that the Belgian law would make the distribution in accordance with the law of nationality — that is the English law — he must accept this reference back to his own law.”

We note that Article 946 of the California Civil Code is its conflict of laws rule, while the rule applied in In re Kaufman, Supra, its internal law. If the law on succession and the conflict of laws rules of California are to be enforced jointly, each in its own intended and appropriate sphere, the principle cited In re Kaufman should apply to citizens living in the State, but Article 946 should apply to such of its citizens as are not domiciled in California but in other jurisdictions. The rule laid down of resorting to the law of the domicile in the determination of matters with foreign element involved is in accord with the general principle of American law that the domiciliary law should govern in most matters or rights which follow the person of the owner.

Document: R.A. No. 386 - An Act to Ordain and Institute the CIVIL Code of the Philippines (RA-386) | Section: ART. 800. The law presumes that every person is of sound mind, in the absence of proof to the contrary.

ART. 800. The law presumes that every person is of sound mind, in the absence of proof to the contrary.

The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the person who opposes the probate of the will; but if the testator, one month, or less, before making his will was publicly known to be insane, the person who maintains the validity of the will must prove that the testator made it during a lucid interval. (n)

Document: R.A. No. 386 - An Act to Ordain and Institute the CIVIL Code of the Philippines (RA-386) | Section: ART. 1039. Capacity to succeed is governed by the law of the nation of the decedent. (n)

ART. 1039. Capacity to succeed is governed by the law of the nation of the decedent. (n)

ART. 1040. The action for a declaration of incapacity and for the recovery of the inheritance, devise or legacy shall be brought within five years from the time the disqualified person took possession thereof. It may be brought by any one who may have an interest in the succession. (762a)

Document: R.A. No. 386 - An Act to Ordain and Institute the CIVIL Code of the Philippines (RA-386) | Section: ART. 541. A possessor in the concept of owner has in his favor the legal presumption that he possesses with a just title and he cannot be obliged to show or prove it. (448a)

ART. 541. A possessor in the concept of owner has in his favor the legal presumption that he possesses with a just title and he cannot be obliged to show or prove it. (448a)

Document: R.A. No. 386 - An Act to Ordain and Institute the CIVIL Code of the Philippines (RA-386) | Section: ART. 542. The possession of real property presumes that of the movables therein, so long as it is not shown or proved that they should be excluded. (449)

ART. 542. The possession of real property presumes that of the movables therein, so long as it is not shown or proved that they should be excluded. (449)

ART. 543. Each one of the participants of a thing possessed in common shall be deemed to have exclusively possessed the part which may be allotted to him upon the division thereof, for the entire period during which the co-possession lasted. Interruption in the possession of the whole or a part of a thing possessed in common shall be to the prejudice of all the possessors. However, in case of civil interruption, the Rules of Court shall apply. (450a)

Document: R.A. No. 386 - An Act to Ordain and Institute the CIVIL Code of the Philippines (RA-386) | Section: ART. 1024. Persons not incapacitated by law may succeed by will or ab intestato.

ART. 1024. Persons not incapacitated by law may succeed by will or ab intestato.

The provisions relating to incapacity by will are equally applicable to intestate succession. (744, 914)

Document: R.A. No. 6809 - An Act Lowering the Age of Majority from Twenty-one to Eighteen Years, Amending for the Purpose Executive Order Numbered Two Hundred Nine, and for Other Purposes (RA-6809) | Section: Document Body

S. No. 181 H. No. 143 / 85 OG No. 51, 80 Supp (Dec. 18, 1989) ; Malaya 12/16/89 ; Star 12/18/89 ; 1VLD 115 2d

Document: R.A. No. 6809 - An Act Lowering the Age of Majority from Twenty-one to Eighteen Years, Amending for the Purpose Executive Order Numbered Two Hundred Nine, and for Other Purposes (RA-6809) | Section: [ REPUBLIC ACT NO. 6809, December 13, 1989 ]

[ REPUBLIC ACT NO. 6809, December 13, 1989 ]

Document: R.A. No. 6809 - An Act Lowering the Age of Majority from Twenty-one to Eighteen Years, Amending for the Purpose Executive Order Numbered Two Hundred Nine, and for Other Purposes (RA-6809) | Section: SEC. 5. This Act shall take effect upon completion of its publication in at least two (2) newspapers of general circulation.

SEC. 5. This Act shall take effect upon completion of its publication in at least two (2) newspapers of general circulation.

Approved,

(Sgd.) JOVITO R. SALONGA | (Sgd.) RAMON V. MITRA President of the Senate | Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 143 and Senate Bill No. 181 was finally passed by the House of Representatives and the Senate on October 20, 1989.

(Sgd.) EDWIN P. ACOBA | (Sgd.) QUIRINO D. ABAD SANTOS, JR. Secretary of the Senate | Secretary of the House of Representatives

Approved: Approved: December 13, 1989

(Sgd.) CORAZON C. AQUINO

President of the Philippines

Document: R.A. No. 6809 - An Act Lowering the Age of Majority from Twenty-one to Eighteen Years, Amending for the Purpose Executive Order Numbered Two Hundred Nine, and for Other Purposes (RA-6809) | Section: AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN YEARS, AMENDING FOR THE PURPOSE EXECUTIVE ORDER NUMBERED TWO HUNDRED NINE, AND FOR OTHER PURPOSES

AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN YEARS, AMENDING FOR THE PURPOSE EXECUTIVE ORDER NUMBERED TWO HUNDRED NINE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Article 234 of Executive Order No. 209, the Family Code of the Philippines, is hereby amended to read as follows: "ART. 234. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of eighteen years." SEC. 2. Articles 235 and 237 of the same Code are hereby repealed.

SEC. 3. Article 236 of the same Code is also hereby amended to read as follows: "ART. 236. Emancipation 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, save the exceptions established by existing laws in special cases.

"Contracting marriage shall require parental consent until the age of twenty-one.

"Nothing in this Code shall be construed to derogate from the duty or responsibility of parents and guardians for children and wards below twenty-one years of age mentioned in the second and third paragraphs of Article 2180 of the Civil Code." SEC. 4. Upon the effectivity of this Act, existing wills, bequests, donations, grants, insurance policies and similar instruments containing references and provisions favorable to minors will not retroact to their prejudice.

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows

SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows:

"Art. 177. Children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated."

"Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation." SEC. 2. Implementing Rules. — The Civil Registrar General shall, in consultation with the chairpersons of the Committee on Youth, Women and Family Relations of the Senate, the Council for the Welfare of Children, the Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the Office of the Supreme Court Administrator, the Philippine Association of Civil Registrars (PACR) and the UP Law Center, issue the necessary rules/regulations for the effective implementation of this Act not later than one (1) month from its effectivity.

SEC. 3. Repealing Clause. — All laws, presidential decrees, executive orders, proclamations and/or administrative regulations which are inconsistent with the provisions of this Act are hereby amended, modified, superseded or repealed accordingly.

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette* or in at least two (2) newspapers of national circulation.

SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of national circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE | (Sgd.) PROSPERO C. NOGRALES President of Senate | Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 5279 and Senate Bill No. 3111 was finally passed by the House of Representatives and Senate on October 13, 2009.

(Sgd.) EMMA LIRIO-REYES | (Sgd.) MARILYN B. BARUA-YAP Secretary of Senate | Secretary General House of Representatives

Approved: DEC 20 2009

(Sgd.) GLORIA MACAPAGAL - ARROYO President of the Philippines

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: Document Body

S. No. 5279 H. No. 3111; 106 OG No. 9, 1161 (March 1, 2010); Manila Times; Manila Standard Today, February 1, 2010

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED

AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED

Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: [ REPUBLIC ACT NO. 9858, December 20, 2009 ]

[ REPUBLIC ACT NO. 9858, December 20, 2009 ]

Document: 1987 Constitution (CONST-353) | Section: SECTION 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

SECTION 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

Document: 1987 Constitution (CONST-353) | Section: ARTICLE XV

ARTICLE XV

The Family

Document: R.A. No. 10572 - An Act Establishing the Liability of the Absolute Community or Conjugal Partnership for an Obligation of a Spouse Who Practices a Profession and the Capability of Either Spouse to ... (RA-10572) | Section: SECTION 1. Article 73 of the Family Code, as amended, is hereby further amended to read as follows

SECTION 1. Article 73 of the Family Code, as amended, is hereby further amended to read as follows:

“Art. 73. Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds.

“In case of disagreement, the court shall decide whether or not:

“(1) The objection is proper, and

“(2) Benefit has accrued to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the community property. If the benefit accrued thereafter, such obligation shall be enforced against the separate property of the spouse who has not obtained consent.

“The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.â€�

Document: 1987 Constitution (CONST-353) | Section: SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.

SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.

Document: 1987 Constitution (CONST-353) | Section: SECTION 6. The separation of Church and State shall be inviolable.

SECTION 6. The separation of Church and State shall be inviolable.

State Policies

SECTION 7. The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

Document: R.A. No. 8533 - An Act Amending Title I, Chapter 3, Article 39 of Executive Order No. 209, Otherwise Known As the Family Code of the Philippines, Nullifying the Prescriptive Period for Action or De... (RA-8533) | Section: SECTION 1. Title I, Chapter 3, Article 39 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows

SECTION 1. Title I, Chapter 3, Article 39 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows:

"TITLE I - MARRIAGE

"CHAPTER 3 - VOID AND VOIDABLE MARRIAGES

"Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe."

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows

SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows:

"Art. 177. Children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated."

"Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation." SEC. 2. Implementing Rules. — The Civil Registrar General shall, in consultation with the chairpersons of the Committee on Youth, Women and Family Relations of the Senate, the Council for the Welfare of Children, the Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the Office of the Supreme Court Administrator, the Philippine Association of Civil Registrars (PACR) and the UP Law Center, issue the necessary rules/regulations for the effective implementation of this Act not later than one (1) month from its effectivity.

SEC. 3. Repealing Clause. — All laws, presidential decrees, executive orders, proclamations and/or administrative regulations which are inconsistent with the provisions of this Act are hereby amended, modified, superseded or repealed accordingly.

Document: 1987 Constitution (CONST-353) | Section: SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.

SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.

Document: R.A. No. 10572 - An Act Establishing the Liability of the Absolute Community or Conjugal Partnership for an Obligation of a Spouse Who Practices a Profession and the Capability of Either Spouse to ... (RA-10572) | Section: [ REPUBLIC ACT NO. 10572, May 24, 2013 ]

[ REPUBLIC ACT NO. 10572, May 24, 2013 ]

AN ACT ESTABLISHING THE LIABILITY OF THE ABSOLUTE COMMUNITY OR CONJUGAL PARTNERSHIP FOR AN OBLIGATION OF A SPOUSE WHO PRACTICES A PROFESSION AND THE CAPABILITY OF EITHER SPOUSE TO DISPOSE OF AN EXCLUSIVE PROPERTY WITHOUT THE CONSENT OF THE OTHER SPOUSE, AMENDING FOR THE PURPOSE ARTICLES 73 AND 111 OF EXECUTIVE ORDER NO. 209, ALSO KNOWN AS THE FAMILY CODE OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette* or in at least two (2) newspapers of national circulation.

SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of national circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE | (Sgd.) PROSPERO C. NOGRALES President of Senate | Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 5279 and Senate Bill No. 3111 was finally passed by the House of Representatives and Senate on October 13, 2009.

(Sgd.) EMMA LIRIO-REYES | (Sgd.) MARILYN B. BARUA-YAP Secretary of Senate | Secretary General House of Representatives

Approved: DEC 20 2009

(Sgd.) GLORIA MACAPAGAL - ARROYO President of the Philippines

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows

SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows:

"Art. 177. Children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated."

"Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation." SEC. 2. Implementing Rules. — The Civil Registrar General shall, in consultation with the chairpersons of the Committee on Youth, Women and Family Relations of the Senate, the Council for the Welfare of Children, the Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the Office of the Supreme Court Administrator, the Philippine Association of Civil Registrars (PACR) and the UP Law Center, issue the necessary rules/regulations for the effective implementation of this Act not later than one (1) month from its effectivity.

SEC. 3. Repealing Clause. — All laws, presidential decrees, executive orders, proclamations and/or administrative regulations which are inconsistent with the provisions of this Act are hereby amended, modified, superseded or repealed accordingly.

Document: R.A. No. 8533 - An Act Amending Title I, Chapter 3, Article 39 of Executive Order No. 209, Otherwise Known As the Family Code of the Philippines, Nullifying the Prescriptive Period for Action or De... (RA-8533) | Section: SECTION 1. Title I, Chapter 3, Article 39 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows

SECTION 1. Title I, Chapter 3, Article 39 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows:

"TITLE I - MARRIAGE

"CHAPTER 3 - VOID AND VOIDABLE MARRIAGES

"Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe."

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette* or in at least two (2) newspapers of national circulation.

SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of national circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE | (Sgd.) PROSPERO C. NOGRALES President of Senate | Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 5279 and Senate Bill No. 3111 was finally passed by the House of Representatives and Senate on October 13, 2009.

(Sgd.) EMMA LIRIO-REYES | (Sgd.) MARILYN B. BARUA-YAP Secretary of Senate | Secretary General House of Representatives

Approved: DEC 20 2009

(Sgd.) GLORIA MACAPAGAL - ARROYO President of the Philippines

Document: R.A. No. 10572 - An Act Establishing the Liability of the Absolute Community or Conjugal Partnership for an Obligation of a Spouse Who Practices a Profession and the Capability of Either Spouse to ... (RA-10572) | Section: [ REPUBLIC ACT NO. 10572, May 24, 2013 ]

[ REPUBLIC ACT NO. 10572, May 24, 2013 ]

AN ACT ESTABLISHING THE LIABILITY OF THE ABSOLUTE COMMUNITY OR CONJUGAL PARTNERSHIP FOR AN OBLIGATION OF A SPOUSE WHO PRACTICES A PROFESSION AND THE CAPABILITY OF EITHER SPOUSE TO DISPOSE OF AN EXCLUSIVE PROPERTY WITHOUT THE CONSENT OF THE OTHER SPOUSE, AMENDING FOR THE PURPOSE ARTICLES 73 AND 111 OF EXECUTIVE ORDER NO. 209, ALSO KNOWN AS THE FAMILY CODE OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: Document Body

S. No. 5279 H. No. 3111; 106 OG No. 9, 1161 (March 1, 2010); Manila Times; Manila Standard Today, February 1, 2010

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows

SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows:

"Art. 177. Children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated."

"Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation." SEC. 2. Implementing Rules. — The Civil Registrar General shall, in consultation with the chairpersons of the Committee on Youth, Women and Family Relations of the Senate, the Council for the Welfare of Children, the Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the Office of the Supreme Court Administrator, the Philippine Association of Civil Registrars (PACR) and the UP Law Center, issue the necessary rules/regulations for the effective implementation of this Act not later than one (1) month from its effectivity.

SEC. 3. Repealing Clause. — All laws, presidential decrees, executive orders, proclamations and/or administrative regulations which are inconsistent with the provisions of this Act are hereby amended, modified, superseded or repealed accordingly.

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette* or in at least two (2) newspapers of national circulation.

SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of national circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE | (Sgd.) PROSPERO C. NOGRALES President of Senate | Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 5279 and Senate Bill No. 3111 was finally passed by the House of Representatives and Senate on October 13, 2009.

(Sgd.) EMMA LIRIO-REYES | (Sgd.) MARILYN B. BARUA-YAP Secretary of Senate | Secretary General House of Representatives

Approved: DEC 20 2009

(Sgd.) GLORIA MACAPAGAL - ARROYO President of the Philippines

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: Document Body

S. No. 5279 H. No. 3111; 106 OG No. 9, 1161 (March 1, 2010); Manila Times; Manila Standard Today, February 1, 2010

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED

AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED

Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:

Document: R.A. No. 10572 - An Act Establishing the Liability of the Absolute Community or Conjugal Partnership for an Obligation of a Spouse Who Practices a Profession and the Capability of Either Spouse to ... (RA-10572) | Section: [ REPUBLIC ACT NO. 10572, May 24, 2013 ]

[ REPUBLIC ACT NO. 10572, May 24, 2013 ]

AN ACT ESTABLISHING THE LIABILITY OF THE ABSOLUTE COMMUNITY OR CONJUGAL PARTNERSHIP FOR AN OBLIGATION OF A SPOUSE WHO PRACTICES A PROFESSION AND THE CAPABILITY OF EITHER SPOUSE TO DISPOSE OF AN EXCLUSIVE PROPERTY WITHOUT THE CONSENT OF THE OTHER SPOUSE, AMENDING FOR THE PURPOSE ARTICLES 73 AND 111 OF EXECUTIVE ORDER NO. 209, ALSO KNOWN AS THE FAMILY CODE OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Document: R.A. No. 10572 - An Act Establishing the Liability of the Absolute Community or Conjugal Partnership for an Obligation of a Spouse Who Practices a Profession and the Capability of Either Spouse to ... (RA-10572) | Section: [ REPUBLIC ACT NO. 10572, May 24, 2013 ]

[ REPUBLIC ACT NO. 10572, May 24, 2013 ]

AN ACT ESTABLISHING THE LIABILITY OF THE ABSOLUTE COMMUNITY OR CONJUGAL PARTNERSHIP FOR AN OBLIGATION OF A SPOUSE WHO PRACTICES A PROFESSION AND THE CAPABILITY OF EITHER SPOUSE TO DISPOSE OF AN EXCLUSIVE PROPERTY WITHOUT THE CONSENT OF THE OTHER SPOUSE, AMENDING FOR THE PURPOSE ARTICLES 73 AND 111 OF EXECUTIVE ORDER NO. 209, ALSO KNOWN AS THE FAMILY CODE OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Document: R.A. No. 10572 - An Act Establishing the Liability of the Absolute Community or Conjugal Partnership for an Obligation of a Spouse Who Practices a Profession and the Capability of Either Spouse to ... (RA-10572) | Section: SECTION 1. Article 73 of the Family Code, as amended, is hereby further amended to read as follows

SECTION 1. Article 73 of the Family Code, as amended, is hereby further amended to read as follows:

“Art. 73. Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds.

“In case of disagreement, the court shall decide whether or not:

“(1) The objection is proper, and

“(2) Benefit has accrued to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the community property. If the benefit accrued thereafter, such obligation shall be enforced against the separate property of the spouse who has not obtained consent.

“The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.â€�

Document: R.A. No. 10572 - An Act Establishing the Liability of the Absolute Community or Conjugal Partnership for an Obligation of a Spouse Who Practices a Profession and the Capability of Either Spouse to ... (RA-10572) | Section: Document Body

H. No. 6307; 109 OG No. 35, 5901 (September 2, 2013); Philippine Star, May 31, 2013

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows

SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows:

"Art. 177. Children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated."

"Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation." SEC. 2. Implementing Rules. — The Civil Registrar General shall, in consultation with the chairpersons of the Committee on Youth, Women and Family Relations of the Senate, the Council for the Welfare of Children, the Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the Office of the Supreme Court Administrator, the Philippine Association of Civil Registrars (PACR) and the UP Law Center, issue the necessary rules/regulations for the effective implementation of this Act not later than one (1) month from its effectivity.

SEC. 3. Repealing Clause. — All laws, presidential decrees, executive orders, proclamations and/or administrative regulations which are inconsistent with the provisions of this Act are hereby amended, modified, superseded or repealed accordingly.

Document: R.A. No. 10572 - An Act Establishing the Liability of the Absolute Community or Conjugal Partnership for an Obligation of a Spouse Who Practices a Profession and the Capability of Either Spouse to ... (RA-10572) | Section: SEC. 5. Effectivity Clause.* – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

SEC. 5. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE President of the Senate | (Sgd.) FELICIANO BELMONTE JR.Speaker of the House of Representatives**

This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on September 20, 2012 and January 30, 2013, respectively.

(Sgd.) EMMA LIRIO-REYESSecretary of the Senate | (Sgd.) MARILYN B. BARUA-YAP Secretary General House of Representatives*

Approved: MAY 24 2013

(Sgd.) BENIGNO S. AQUINO IIIPresident of the Philippines*

Document: R.A. No. 10572 - An Act Establishing the Liability of the Absolute Community or Conjugal Partnership for an Obligation of a Spouse Who Practices a Profession and the Capability of Either Spouse to ... (RA-10572) | Section: SEC. 2. Article 111 of the Family Code, as amended, is hereby further amended to read as follows

SEC. 2. Article 111 of the Family Code, as amended, is hereby further amended to read as follows:

“Art. 111. Either spouse may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property.â€�

SEC. 3. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

SEC. 4. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

Document: R.A. No. 10572 - An Act Establishing the Liability of the Absolute Community or Conjugal Partnership for an Obligation of a Spouse Who Practices a Profession and the Capability of Either Spouse to ... (RA-10572) | Section: SECTION 1. Article 73 of the Family Code, as amended, is hereby further amended to read as follows

SECTION 1. Article 73 of the Family Code, as amended, is hereby further amended to read as follows:

“Art. 73. Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds.

“In case of disagreement, the court shall decide whether or not:

“(1) The objection is proper, and

“(2) Benefit has accrued to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the community property. If the benefit accrued thereafter, such obligation shall be enforced against the separate property of the spouse who has not obtained consent.

“The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.â€�

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows

SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows:

"Art. 177. Children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated."

"Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation." SEC. 2. Implementing Rules. — The Civil Registrar General shall, in consultation with the chairpersons of the Committee on Youth, Women and Family Relations of the Senate, the Council for the Welfare of Children, the Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the Office of the Supreme Court Administrator, the Philippine Association of Civil Registrars (PACR) and the UP Law Center, issue the necessary rules/regulations for the effective implementation of this Act not later than one (1) month from its effectivity.

SEC. 3. Repealing Clause. — All laws, presidential decrees, executive orders, proclamations and/or administrative regulations which are inconsistent with the provisions of this Act are hereby amended, modified, superseded or repealed accordingly.

Document: R.A. No. 10572 - An Act Establishing the Liability of the Absolute Community or Conjugal Partnership for an Obligation of a Spouse Who Practices a Profession and the Capability of Either Spouse to ... (RA-10572) | Section: [ REPUBLIC ACT NO. 10572, May 24, 2013 ]

[ REPUBLIC ACT NO. 10572, May 24, 2013 ]

AN ACT ESTABLISHING THE LIABILITY OF THE ABSOLUTE COMMUNITY OR CONJUGAL PARTNERSHIP FOR AN OBLIGATION OF A SPOUSE WHO PRACTICES A PROFESSION AND THE CAPABILITY OF EITHER SPOUSE TO DISPOSE OF AN EXCLUSIVE PROPERTY WITHOUT THE CONSENT OF THE OTHER SPOUSE, AMENDING FOR THE PURPOSE ARTICLES 73 AND 111 OF EXECUTIVE ORDER NO. 209, ALSO KNOWN AS THE FAMILY CODE OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Document: R.A. No. 10572 - An Act Establishing the Liability of the Absolute Community or Conjugal Partnership for an Obligation of a Spouse Who Practices a Profession and the Capability of Either Spouse to ... (RA-10572) | Section: SEC. 5. Effectivity Clause.* – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

SEC. 5. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE President of the Senate | (Sgd.) FELICIANO BELMONTE JR.Speaker of the House of Representatives**

This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on September 20, 2012 and January 30, 2013, respectively.

(Sgd.) EMMA LIRIO-REYESSecretary of the Senate | (Sgd.) MARILYN B. BARUA-YAP Secretary General House of Representatives*

Approved: MAY 24 2013

(Sgd.) BENIGNO S. AQUINO IIIPresident of the Philippines*

Document: Estate of Rogelio G. Ong vs. Diaz (G.R) (CASE-540 SCRA 480) | Section: Syllabi

Syllabi

• Civil Law; Parent and Child; Paternity; Filiation; Filiation proceedings are usually filed not just to adjudicate paternity but also to secure a legal right associated with paternity, such as citizenship, support (as in the present case), or inheritance.—As a whole, the present petition calls for the determination of filiation of minor Joanne for purposes of support in favor of the said minor. Filiation proceedings are usually filed not just to adjudicate paternity but also to secure a legal right associated with paternity, such as citizenship, support (as in the present case), or inheritance. The burden of proving paternity is on the person who alleges that the putative father is the biological father of the child. There are four significant procedural aspects of a traditional paternity action which parties have to face: a prima facie case, affirmative defenses, presumption of legitimacy, and physical resemblance between the putative father and child.

• Same; Same; Presumptions; The law requires that every reasonable presumption be made in favor of legitimacy, a presumption which not only flows out of a declaration in the statute but is based on the broad principles of natural justice and the supposed virtue of the mother.—A child born to a husband and wife during a valid marriage is presumed legitimate. As a guaranty in favor of the child and to protect his status of legitimacy, Article 167 of the Family Code provides: Article 167. The children shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. The law requires that every reasonable presumption be made in favor of legitimacy. We explained the rationale of this rule in the recent case of Cabatania v. Court of Appeals, 441 SCRA 96 (2004): The presumption of legitimacy does not only flow out of a declaration in the statute but is based on the broad principles of natural justice and the supposed virtue of the mother. The presumption is grounded on the policy to protect the innocent offspring from the odium of illegitimacy.

Document: Bernardo vs Fernando (G.R. No. 211034) (CASE-AVE377-rw) | Section: Syllabi

Syllabi

Civil Law; Family Law; Persons and Family Relations; Filiation; As provided by Article 173 of the Family Code, an action to claim legitimate filiation is strictly personal to the child whose filiation is in question, and he or she may exercise such anytime within his lifetime. The only three (3) instances when such right passes to the child’s heirs are: (1) when the child dies during minority; (2) when the child dies in a state of insanity; or (3) when the child dies after the commencement of the action.—The law requires that every reasonable presumption leans towards legitimacy, and establishes the status of a child from the moment of his birth. Proof of filiation becomes necessary only when the legitimacy of the child is being questioned, or when the status of a child born after 300 days following the termination of marriage is sought to be established. In case of the need to prove filiation, the same may only be raised in a direct and separate action instituted to prove the filiation of the child. Relatedly, as provided by Article 173 of the Family Code, an action to claim legitimate filiation is strictly personal to the child whose filiation is in question, and he or she may exercise such anytime within his lifetime. The only three instances when such right passes

328

to the child’s heirs are: (1) when the child dies during minority; (2) when the child dies in a state of insanity; or (3) when the child dies after the commencement of the action.

Document: Gotardo vs Buling (G.R. No. 165166) (CASE-ARP417-rw) | Section: Syllabi

Syllabi

Civil Law; Filiation; Filiation proceedings are usually filed not just to adjudicate paternity but also to secure a legal right associated with paternity, such as citizenship, support or inheritance.―We have recognized that “[f]iliation proceedings are usually filed not just to adjudicate paternity but also to secure a legal right associated with paternity, such as citizenship, support (as in this case) or inheritance. [In paternity cases, the burden of proof] is on the person who alleges that the putative father is the biological father of the child.”

Same; Same; Proofs of Filiation.―One can prove filiation, either legitimate or illegitimate, through the record of birth appearing in the civil register or a final judgment, an admission of filiation in a public document or a private handwritten instrument and signed by the parent concerned, or the open and continuous possession of the status of a legitimate or illegitimate child, or any other means allowed by the Rules of Court and special laws. We have held that such other proof of one’s filiation may be a “baptismal certificate, a judicial admission, a family bible in which [his] name has been entered, common reputation respecting [his] pedigree, admission by silence, the [testimonies] of witnesses, and other kinds of proof [admissible] under Rule 130 of the Rules of Court.”

Same; Same; There are four significant procedural aspects of a traditional paternity action that parties have to face: a prima facie case, affirmative defenses, presumption of legitimacy, and physical resemblance between the putative father and the child.―In Herrera v. Alba, 460 SCRA 197 (2005), we stressed that there are four significant procedural aspects of a traditional paternity action that parties have to face: a prima facie case, affirmative defenses, presumption of legitimacy, and physical resemblance between the putative father and the child. We explained that a prima facie case exists if a woman declares―supported by corroborative proof―that she had sexualrelations with the putative father; at this point, the burden of evidence shifts to the putative father. We explained further that the two affirmative defenses available to the putative father are: (1) incapability of sexual relations with the mother due to either physical absence or impotency, or (2) that the mother had sexual relations with other men at the time of conception.

Document: R.A. No. 386 - An Act to Ordain and Institute the CIVIL Code of the Philippines (RA-386) | Section: ART. 254. The family council shall elect its chairman, and shall meet at the call of the latter or upon order of the court.

ART. 254. The family council shall elect its chairman, and shall meet at the call of the latter or upon order of the court.

Title VIII.—PATERNITY AND FILIATION

CHAPTER 1

LEGITIMATE CHILDREN

ART. 255. Children born after one hundred and eighty days following the celebration of the marriage, and before three hundred days following its dissolution or the separation of the spouses shall be presumed to be legitimate.

Against this presumption no evidence shall be admitted other than that of the physical impossibility of the husband’s having access to his wife within the first one hundred and twenty days of the three hundred which preceded the birth of the child.

This physical impossibility may be caused: (1) By the impotence of the husband;

(2) By the fact that the husband and wife were living separately, in such a way that access was not possible;

(3) By the serious illness of the husband. (108a) ART. 256. The child shall be presumed legitimate, although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. (109)

ART. 257. Should the wife commit adultery at or about the time of the conception of the child, but there was no physical impossibility of access between her and her husband as set forth in article 255, the child is prima facie presumed to be illegitimate if it appears highly improbable, for ethnic reasons, that the child is that of the husband. For the purposes of this article, the wife’s adultery need not be proved in a criminal case. (n)

ART. 258. A child born within one hundred eighty days following the celebration of the marriage is prima facie presumed to be legitimate. Such a child is conclusively presumed to be legitimate in any of these cases: (1) If the husband, before the marriage, knew of the pregnancy of the wife;

(2) If he consented, being present, to the putting of his surname on the record of birth of the child;

(3) If he expressly or tacitly recognized the child as his own. (110a) ART. 259. If the marriage is dissolved by the death of the husband, and the mother contracted another marriage within three hundred days following such death, these rules shall govern: (1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is disputably presumed to have been conceived during the former marriage, provided it be born within three hundred days after the death of the former husband;

Document: Arbolario vs. Court of Appeals (GR No. 38583,) (CASE-401 SCRA 360) | Section: Syllabi

Syllabi

• Civil Law; Family Code; Filiation; Paternity; Illegitimate Children; Paternity or filiation, or the lack of it, is a relationship that must be judicially established.—Paternity or filiation, or the lack of it, is a relationship that must be judicially established. It stands to reason that children born within wedlock are legitimate.

• Special Proceedings; Courts; Jurisdiction; Settlement of Estate; Determination of heirs, proof of filiation, determination of estate of decedent and claims thereto should be brought up before the probate court.—Questions as to the determination of the heirs of a decedent, the proof of filiation, and the determination of the estate of a decedent and claims thereto should be brought up before the proper probate court or in special proceedings instituted for the purpose. Such issues cannot be adjudicated in an ordinary civil action for the recovery of ownership and possession.

PETITION for review on certiorari of the decision and resolution of the Court of Appeals.

The facts are stated in the opinion of the Court.

Valencia Law Offices for petitioners.

Ivan G. Nemenzo for private respondents.

PANGANIBAN, J.:

Once a valid marriage is established, it is deemed to continue until proof that it has been legally ended is presented. Thus, the mere cohabitation of the husband with another woman will not give rise to a presumption of legitimacy in favor of the children born of the second union, until and unless there be convincing proof that the first marriage had been lawfully terminated; and the second, lawfully entered into.

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette* or in at least two (2) newspapers of national circulation.

SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of national circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE | (Sgd.) PROSPERO C. NOGRALES President of Senate | Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 5279 and Senate Bill No. 3111 was finally passed by the House of Representatives and Senate on October 13, 2009.

(Sgd.) EMMA LIRIO-REYES | (Sgd.) MARILYN B. BARUA-YAP Secretary of Senate | Secretary General House of Representatives

Approved: DEC 20 2009

(Sgd.) GLORIA MACAPAGAL - ARROYO President of the Philippines

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows

SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows:

"Art. 177. Children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated."

"Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation." SEC. 2. Implementing Rules. — The Civil Registrar General shall, in consultation with the chairpersons of the Committee on Youth, Women and Family Relations of the Senate, the Council for the Welfare of Children, the Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the Office of the Supreme Court Administrator, the Philippine Association of Civil Registrars (PACR) and the UP Law Center, issue the necessary rules/regulations for the effective implementation of this Act not later than one (1) month from its effectivity.

SEC. 3. Repealing Clause. — All laws, presidential decrees, executive orders, proclamations and/or administrative regulations which are inconsistent with the provisions of this Act are hereby amended, modified, superseded or repealed accordingly.

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: Document Body

S. No. 5279 H. No. 3111; 106 OG No. 9, 1161 (March 1, 2010); Manila Times; Manila Standard Today, February 1, 2010

Document: R.A. No. 8533 - An Act Amending Title I, Chapter 3, Article 39 of Executive Order No. 209, Otherwise Known As the Family Code of the Philippines, Nullifying the Prescriptive Period for Action or De... (RA-8533) | Section: SEC. 2. Effectivity Clause. - This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation.

SEC. 2. Effectivity Clause. - This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

(Sgd.)JOSE DE VENECIA JR. | (Sgd.) NEPTALI A. GONZALES Speaker of the House of Representatives | President of the Senate

This Act, which originated from the Senate was finally passed by the Senate and the House of Representatives on February 11, 1998 and February 13, 1998, respectively.

(Sgd.)ROBERTO P. NAZARENO | (Sgd.) HEZEL P. GACUTAN Secretary General House of Representatives | Secretary of the Senate

Approved: February 23, 1998.

(Sgd.) FIDEL V. RAMOS President of the Philippines

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED

AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED

Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows

SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows:

"Art. 177. Children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated."

"Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation." SEC. 2. Implementing Rules. — The Civil Registrar General shall, in consultation with the chairpersons of the Committee on Youth, Women and Family Relations of the Senate, the Council for the Welfare of Children, the Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the Office of the Supreme Court Administrator, the Philippine Association of Civil Registrars (PACR) and the UP Law Center, issue the necessary rules/regulations for the effective implementation of this Act not later than one (1) month from its effectivity.

SEC. 3. Repealing Clause. — All laws, presidential decrees, executive orders, proclamations and/or administrative regulations which are inconsistent with the provisions of this Act are hereby amended, modified, superseded or repealed accordingly.

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette* or in at least two (2) newspapers of national circulation.

SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of national circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE | (Sgd.) PROSPERO C. NOGRALES President of Senate | Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 5279 and Senate Bill No. 3111 was finally passed by the House of Representatives and Senate on October 13, 2009.

(Sgd.) EMMA LIRIO-REYES | (Sgd.) MARILYN B. BARUA-YAP Secretary of Senate | Secretary General House of Representatives

Approved: DEC 20 2009

(Sgd.) GLORIA MACAPAGAL - ARROYO President of the Philippines

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: Document Body

S. No. 5279 H. No. 3111; 106 OG No. 9, 1161 (March 1, 2010); Manila Times; Manila Standard Today, February 1, 2010

Document: R.A. No. 10572 - An Act Establishing the Liability of the Absolute Community or Conjugal Partnership for an Obligation of a Spouse Who Practices a Profession and the Capability of Either Spouse to ... (RA-10572) | Section: [ REPUBLIC ACT NO. 10572, May 24, 2013 ]

[ REPUBLIC ACT NO. 10572, May 24, 2013 ]

AN ACT ESTABLISHING THE LIABILITY OF THE ABSOLUTE COMMUNITY OR CONJUGAL PARTNERSHIP FOR AN OBLIGATION OF A SPOUSE WHO PRACTICES A PROFESSION AND THE CAPABILITY OF EITHER SPOUSE TO DISPOSE OF AN EXCLUSIVE PROPERTY WITHOUT THE CONSENT OF THE OTHER SPOUSE, AMENDING FOR THE PURPOSE ARTICLES 73 AND 111 OF EXECUTIVE ORDER NO. 209, ALSO KNOWN AS THE FAMILY CODE OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED

AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED

Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows

SECTION 1. Article 177 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines", as amended, is hereby further amended to read as follows:

"Art. 177. Children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, or were so disqualified only because either or both of them were below eighteen (18) years of age, may be legitimated."

"Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation." SEC. 2. Implementing Rules. — The Civil Registrar General shall, in consultation with the chairpersons of the Committee on Youth, Women and Family Relations of the Senate, the Council for the Welfare of Children, the Department of Justice (DOJ), the Department of Foreign Affairs (DFA), the Office of the Supreme Court Administrator, the Philippine Association of Civil Registrars (PACR) and the UP Law Center, issue the necessary rules/regulations for the effective implementation of this Act not later than one (1) month from its effectivity.

SEC. 3. Repealing Clause. — All laws, presidential decrees, executive orders, proclamations and/or administrative regulations which are inconsistent with the provisions of this Act are hereby amended, modified, superseded or repealed accordingly.

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette* or in at least two (2) newspapers of national circulation.

SEC. 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of national circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE | (Sgd.) PROSPERO C. NOGRALES President of Senate | Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 5279 and Senate Bill No. 3111 was finally passed by the House of Representatives and Senate on October 13, 2009.

(Sgd.) EMMA LIRIO-REYES | (Sgd.) MARILYN B. BARUA-YAP Secretary of Senate | Secretary General House of Representatives

Approved: DEC 20 2009

(Sgd.) GLORIA MACAPAGAL - ARROYO President of the Philippines

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: Document Body

S. No. 5279 H. No. 3111; 106 OG No. 9, 1161 (March 1, 2010); Manila Times; Manila Standard Today, February 1, 2010

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED

AN ACT PROVIDING FOR THE LEGITIMATION OF CHILDREN BORN TO PARENTS BELOW MARRYING AGE, AMENDING FOR THE PURPOSE THE FAMILY CODE OF THE PHILIPPINES, AS AMENDED

Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:

Document: R.A. No. 9858 - An Act Providing for the Legitimation of Children Born to Parents below Marrying Age, Amending for the Purpose the Family Code of the Philippines, As Amended (RA-9858) | Section: [ REPUBLIC ACT NO. 9858, December 20, 2009 ]

[ REPUBLIC ACT NO. 9858, December 20, 2009 ]

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 108 CANCELLATION OR CORRECTION OP ENTRIES IN THE CIVIL REGISTRY

Rule 108 CANCELLATION OR CORRECTION OP ENTRIES IN THE CIVIL REGISTRY

Section 1. Who may file petition.— Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto, with the Court of First Instance of the province where the corresponding civil registry is located.

Sec. 2. Entries subject to cancellation or correction.— Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected: (a) births; (b) marriages; (c) deaths; (d) legal separations; (e) Judgments of annulments of marriage; (f) judgments declaring marriages void from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural children; (j) naturalization; (k) election, loss or recovery of citizenship; (l) civil interdiction; (m) judicial determination of filiation; (n) voluntary emancipation of a minor; and (o) changes of name.

Sec. 3. Parties.—When cancellation or correction of an entry in the civil register is sought, the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding.

Sec. 4. Notice and publication.— Upon the filing of the petition, the court shall, by an order, fix the time and place for the hearing of the same, and cause reasonable notice thereof to be given to the persons named in the petition.   The court shall also cause the order to be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province.

Sec. 5. Opposition.— The civil registrar and any person having or claiming any interest under the entry whose cancellation or correction is sought may, within fifteen (15) days from notice of the petition, or from the last date of publication of such notice, file his opposition thereto.

Sec. 6. Expediting proceedings.—The court in which the proceeding is brought may make orders expediting the proceedings, and may also grant preliminary injunction for the preservation of the rights of the parties pending such proceedings.

Document: Rules of Court in the Philippines Promulgated by the Supreme Court of the Philippines Effective January 1, 1964 (RULE-373) | Section: Rule 108 CANCELLATION OR CORRECTION OP ENTRIES IN THE CIVIL REGISTRY

Sec. 7. Order.—After hearing, the court may either dismiss the petition or issue an order granting the cancellation or correction prayed for. In either case, a certified copy of the judgment shall be served upon the civil registrar concerned who shall annotate the same in his record.

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 2. To what actions applicable.**— This Rule shall apply to original actions for certiorari, prohibition mandamus and quo warranto.

SEC. 2. *To what actions applicable.—  This Rule shall apply to original actions for certiorari, prohibition mandamus and quo warranto.

Except as otherwise provided, the actions for annulment of judgment shall be governed by Rule 47, for certiorari, prohibition and mandamus by Rule 65, and for quo warranto by Rule 66.  (n)

SEC. 3. *Contents and filing of petition; effect of non-compliance with requirements.—  The petition shall contain the full names and actual addresses of all the petitioners and respondents, a concise statement of the matters involved, the factual background of the case, and the grounds relied upon for the relief prayed for.

It shall be filed in seven (7) clearly legible copies together with proof of service thereof on the respondent with the original copy intended for the court indicated as such by the petitioner, and shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment, order, resolution, or ruling subject thereof, such material portions of the record as are referred to therein, and other documents relevant or pertinent thereto. The certification shall be accomplished by the proper clerk of court or by his duly authorized representative, or by the proper officer of the court, tribunal, agency or office involved or by his duly authorized representative. The other requisite number of copies of the petition shall be accompanied by clearly legible plain copies of all documents attached to the original.

The petitioner shall also submit together with the petition a sworn certification that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.

The petitioner shall pay the corresponding docket and other lawful fees to the clerk of court and deposit the amount of P500.00 for costs at the time of the filing of the petition.

The failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition.  (n)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: RULE 68

SEC. 7. *Registration.—  A certified copy of the final order of the court confirming the sale shall be registered in the registry of deeds. If no right of redemption exists, the certificate of title in the name of the mortgagor shall be cancelled, and a new one issued in the name of the purchaser.

Where a right of redemption exists, the certificate of title in the name of the mortgagor shall not be cancelled, but the certificate of sale and the order confirming the sale shall reregistered and a brief memorandum thereof made by the registrar of deeds upon the certificate of title. In the event the property is redeemed, the deed of redemption shall be registered with the registry of deeds, and a brief memorandum thereof shall be made by the registrar of deeds on said certificate of title.

If the property is not redeemed, the final deed of sale executed by the sheriff in favor of the purchaser at the foreclosure sale shall be registered with the registry of deeds; whereupon the certificate of title in the name of the mortgagor shall be cancelled and a new one issued in the name of the purchaser.  (n)

SEC. 8. *Applicability of other provisions.— The provisions of sections 31, 32 and 34 of Rule 39 shall be applicable to the judicial foreclosure of real estate mortgages under this Rule insofar as the former are not inconsistent with or may serve to supplement the provisions of the latter.  (8a)

Document: 1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT) (RULE-374) | Section: SEC. 4. Perfection of appeal; effect thereof.**— The perfection of the appeal and the effect thereof shall be governed by the provisions of section 9, Rule 41. (n)

SEC. 4. *Perfection of appeal; effect thereof.—  The perfection of the appeal and the effect thereof shall be governed by the provisions of section 9, Rule 41.  (n)

SEC. 5. *Appellate court docket and other lawful fees.—  Within the period for taking an appeal, the appellant shall pay to the clerk of the court which rendered the judgment or final order appealed from the full amount of the appellate court docket and other lawful fees. Proof of payment thereof shall be transmitted to the appellate court together with the original record or the record on appeal, as the case may be.  (n)

SEC. 6. *Duty of the clerk of court.—  Within fifteen (15) days from the perfection of the appeal, the clerk of court or the branch clerk of court of the lower court shall transmit the original record or the record on appeal, together with the transcripts and exhibits, which he shall certify as complete, to the proper Regional Trial Court. A copy of his letter of transmittal of the records to the appellate court shall be furnished the parties.  (n)

Document: R.A. No. 9048 - An Act Authorizing the City or Municipal CIVIL Registrar or the Consul General to Correct a Clerical or Typographical Error in an Entry And/or Change of First Name or Nickname in th... (RA-9048) | Section: SEC. 11. Retroactivity Clause. - This Act shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws.

SEC. 11. Retroactivity Clause. - This Act shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws.

Document: R.A. No. 9048 - An Act Authorizing the City or Municipal CIVIL Registrar or the Consul General to Correct a Clerical or Typographical Error in an Entry And/or Change of First Name or Nickname in th... (RA-9048) | Section: SEC. 2. Definition of Terms. - As used in this Act, the following terms shall mean

SEC. 2. Definition of Terms. - As used in this Act, the following terms shall mean:

"City or municipal civil registrar" refers to the head of the local civil registry office of the city or municipality, as the case may be, who is appointed as such by the city or municipal mayor in accordance with the provisions of existing laws.

"Petitioner" refers to a natural person filing the petition and who has direct and personal interest in the correction of a clerical or typographical error in an entry or change of first name or nickname in the civil register.

"Clerical or typographical error" refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, That no correction must involve the change of nationality, age, status or sex of the petitioner.

"Civil register" refers to the various registry books and related certificates and documents kept in the archives of the local civil registry offices, Philippine Consulate and of the Office of the Civil Registrar General.

"Civil registrar general" refers to the administrator of the National Statistics Office which is the agency mandated to carry out and administer the provision of laws on civil registration.

"First name" refers to a name or a nickname given to a person which may consist of one or more names in addition to the middle and last names.

SEC. 3. Who May File the Petition and Where. - Any person having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nickname in the civil register may file in person, a verified petition with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept.

In case the petitioner has already migrated to another place in the country and it would not be practical for such party, in terms of transportation expenses, time and effort, to appear in person before the local civil registrar keeping the documents to be corrected or changed, the petition, may be filed in person, with the local civil registrar of the place where the interested party is presently residing or domiciled. The two (2) local civil registrars concerned will then communicate to facilitate the processing of the petition.

Document: R.A. No. 9048 - An Act Authorizing the City or Municipal CIVIL Registrar or the Consul General to Correct a Clerical or Typographical Error in an Entry And/or Change of First Name or Nickname in th... (RA-9048) | Section: Document Body

S. No. 2159 H. No. 9797 / 97 OG No. 26, 3903 (July 25, 2001) ; 15 VLD 2d 286

Document: R.A. No. 9048 - An Act Authorizing the City or Municipal CIVIL Registrar or the Consul General to Correct a Clerical or Typographical Error in an Entry And/or Change of First Name or Nickname in th... (RA-9048) | Section: [ REPUBLIC ACT NO. 9048, March 22, 2001 ]

[ REPUBLIC ACT NO. 9048, March 22, 2001 ]

AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Name or Nickname. - No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing, rules and regulations.

Document: R.A. No. 9048 - An Act Authorizing the City or Municipal CIVIL Registrar or the Consul General to Correct a Clerical or Typographical Error in an Entry And/or Change of First Name or Nickname in th... (RA-9048) | Section: SEC. 12. Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions thereof shall not be affected by such declaration.

SEC. 12. Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions thereof shall not be affected by such declaration.

SEC. 13. Repealing Clause. - All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Document: R.A. No. 11909 - Implementing Rules and Regulations Governing Republic Act No. 11909 Otherwise Known As the Permanent Validity of the Certificate of Live Birth, Death, and Marriage Act (RA-11909) | Section: Rule 6 INSTANCES WHEN THE END-USERS MAY REQUIRE THE SUBMISSION OF A NEW OR UPDATED COPY OF THE CIVIL REGISTRY DOCUMENTS

a) | When the document upon verification appears not to be authentic; b) | The security features of the documents are no longer visible; c) | CRDs which are unreadable or the texts on the certificates appear illegible; d) | CRDs that need to undergo or have undergone judicial corrections; e) | CRDs that need to undergo or has undergone administrative correction pursuant to RA No.

9858 entitled "An Act Providing for the Legitimation of Children Born to Parents Below Marrying Age, Amending for the Purpose the Family Code of the Philippines, as Amended";RA No.

9048 entitled "An Act Authorizing the City of Municipal Civil Registrar or the Consul General to Correct a Clerical or Typographical Error in an Entry and/or Change of First Name or Nickname in the Civil Register without the Need of a Judicial Order, Amending for this Purpose Articles 376 and 412 of the Civil Code of the Philippines"; RA No.

10172 entitled, "An Act Further Authorizing the City or Municipal Civil Registrar or the Consul General to Correct Clerical or Typographical Errors in the Day and Month in the Date of Birth or Sex of a Person Appearing in the Civil Register without Need of a Judicial Order, Amending for the Purpose Republic Act Numbered Ninety Forty-Eight", Supplemental Report, RA No.

9255 entitled "*An Act Allowing Illegitimate Children to Use the Surname of their Father, Amending for the Purpose Article 176 of Executive Order No.

209, otherwise known as the Family Code of the Philippines"*; and including Acknowledgement under the New Civil Code; f) | Administrative and Judicial Adoption pursuant to RA No.

8043 or "Inter-Country Adoption Act of 1995", RA No.

8552 or "Domestic Adoption Law".

RA No.

11222 or the "Simulated Birth Rectification Act", and RA No.

Document: R.A. No. 11909 - Implementing Rules and Regulations Governing Republic Act No. 11909 Otherwise Known As the Permanent Validity of the Certificate of Live Birth, Death, and Marriage Act (RA-11909) | Section: Rule 5 ISSUANCE OF CIVIL REGISTRY DOCUMENTS

Rule 5 ISSUANCE OF CIVIL REGISTRY DOCUMENTS

Regardless of the permanent validity herein established, the document owner or his/her authorized representative, may request for a copy of his/her CRDs in such number of copies or as often as necessary upon payment of the fees as prescribed by the PSA, the local civil registries, and the PFSPs.

Provided that the prescribed fees shall be in accordance with existing laws including rules and regulations on allowable fees issued by the Anti-Red Tape Authority, local revenue codes or ordinances, as the case may be.

Issuance of CRDs shall be free of charge upon presentation of any of the following certificates:

• | Certificate of indigency issued by DSWD;
• | Certificate of indigency issued by LGU subject to verification process; or
• | Certificate of 4Ps issued by DSWS.

Provided,that the certificate of indigency shall be based on the DSWD Listahanan. The CRG shall issue guidelines in the implementation of issuance of CRDs for indigents in coordination with DSWD.

his provision likewise applies to requests for the issuance of reports of birth, death, and marriage by the PFSPs.

Document: R.A. No. 11909 - Implementing Rules and Regulations Governing Republic Act No. 11909 Otherwise Known As the Permanent Validity of the Certificate of Live Birth, Death, and Marriage Act (RA-11909) | Section: Rule 10 PSA CIVIL REGISTRY DATABASE

Rule 10 PSA CIVIL REGISTRY DATABASE

a) | The PSA shall, in coordination with the DICT, develop a civil registry database in local civil registries and in the PFSPs. b) | The PSA as the central repository of all CRDs submitted by LCROs including all reported vital events by the PFSPs for those occurring abroad and from Shari'a Circuit/District Registrars for Muslim Filipinos, shall be updated on a regular basis. c) | The PSA shall issue appropriate guidelines in the establishment, maintenance, access, and updating of the civil registry database taking into consideration the incorporation of safeguards and controls to ensure confidentiality of information. The guidelines shall include the mechanisms to align discrepancies between PSA and LCROs and PFSPs.

Document: R.A. No. 11909 - Implementing Rules and Regulations Governing Republic Act No. 11909 Otherwise Known As the Permanent Validity of the Certificate of Live Birth, Death, and Marriage Act (RA-11909) | Section: Rule 6 INSTANCES WHEN THE END-USERS MAY REQUIRE THE SUBMISSION OF A NEW OR UPDATED COPY OF THE CIVIL REGISTRY DOCUMENTS

Rule 6 INSTANCES WHEN THE END-USERS MAY REQUIRE THE SUBMISSION OF A NEW OR UPDATED COPY OF THE CIVIL REGISTRY DOCUMENTS

National government agencies and instrumentalities, government-owned and controlled corporations, local government units, private companies, private and public educational institutions, and other non-government entities are prohibited from requiring the submission of another or newer copies of CRDs when a valid certificate can already be presented, except under any of the following instances:

Document: R.A. No. 11909 - Implementing Rules and Regulations Governing Republic Act No. 11909 Otherwise Known As the Permanent Validity of the Certificate of Live Birth, Death, and Marriage Act (RA-11909) | Section: Rule 9 PERMANENT VALIDITY OF CIVIL REGISTRY DOCUMENTS

a) | Certificates of live birth, death, and marriage issued, signed, certified, or authenticated by the PSA and its predecessor, the NSO, LCRO, and the Shari'a Circuit/District Registrar shall have permanent validity regardless of the date of issuance and shall be recognized and accepted in all government or private transactions or service requiring submission thereof, as proof of identity and legal status of a person: Provided,that the document remain intact, readable, and still visibly contains the authenticity and security features. This rule likewise applies to reports of birth, marriage, and death registered and issued by the PFSPs and transmitted to the PSA. This shall also apply to Certificates of Marriages contracted by Muslim Filipinos and members of the Indigenous Peoples/Indigenous Cultural Communities (IPs/ICCs) in accordance with the Presidential Decree No. 1083, and RA No. 8371, respectively. b) | In case where the foundling was not adopted, the COLB of person with no known parent/s or COF, as the case may be, will be the CRD possessing permanent validity. When the foundling or person with no known parent is adopted, the rules under Rule 9d shall apply. c) | The new, amended, or updated CRDs that had undergone judicial and administrative correction shall be considered permanently valid and is understood to supersede the original CRD. d) | The primary birth record with an approved decree/order of adoption shall no longer be issued and must be sealed or linked with the amended birth record with the latter being the permanent birth record. e) | For marriages that have been judicially decreed annulled, declared void ab initio,divorces rendered by the Shari'a Courts and foreign judgments recognized by the Philippine courts, the annotated certificate of marriage shall be the permanent valid record of marriage. f) | Certificates of marriages contracted by IPs/ICCs in accordance with the IPRA Law, and subsequently terminated according to their customary laws, the annotated marriage record of such IPs/ICCs shall be the permanent valid record of marriage. g) | In case of marriages that were terminated under Article 42 of the Family Code of the Philippines by reason of the reappearance of an absent spouse, and an Affidavit of Reappearance was duly registered, the permanently valid marriage record shall be: i. | The Unannotated certificate of marriage of the original contracting parties; and ii. | The certificate of marriage of the parties to the subsequent marriage with annotation reflecting the reappearance of the absentee spouse.

Document: R.A. No. 11222 - An Act Allowing the Rectification of Simulated Birth Records and Prescribing Administrative Adoption Proceedings for the Purpose (RA-11222) | Section: SECTION 1. Short Title. -*This Act shall be known as the "Simulated Birth Rectification Act".

SECTION 1. Short Title. -This Act shall be known as the "Simulated Birth Rectification Act".

Document: R.A. No. 11222 - An Act Allowing the Rectification of Simulated Birth Records and Prescribing Administrative Adoption Proceedings for the Purpose (RA-11222) | Section: ARTICLE II

ARTICLE II

RECTIFICATION OF SIMULATED BIRTHS

SEC. 4. Rectification of Simulated Birth Record. -Notwithstanding any provision of law to the contrary, a person or persons who, prior to the effectivity of this Act, simulated the birth of a child, and those who cooperated in the execution of such simulation, shall not be criminally, civilly, or administratively liable for such act: Provided,That the simulation of birth was made for the best interest of the child and that the child has been consistently considered and treated by such person or persons as her, his, or their own daughter or son: provided, further,That such person or persons has or have filed a petition for adoption with an application for the rectification of the simulated birth record within ten (10) years from the effectivity of this Act: Provided, finally,That all the benefits of this Act shall also apply to adult adoptees.

SEC. 5. Administrative Adoption and Rectification. - A person or persons who simulated birth of a child under the conditions provided under Section 4 of this Act may avail of administrative proceedings for the adoption and rectification of the simulated birth record of such child: Provided,That the child has been living with the person for at least three (3) years before the effectivity of this Act: Provided, further,That a certificate declaring the child legally available for adoption (CDCLAA) is issued by the DSWD in favor of such child.

SEC. 6. Inadmissible Evidence. -All petitions, documents, records, and papers relating to adoption and rectification of simulated births under this Act cannot be used as evidence against those who simulated the birth of a child or who cooperated in the execution of such simulation in any criminal, civil, or administrative proceeding.

Document: R.A. No. 11222 - An Act Allowing the Rectification of Simulated Birth Records and Prescribing Administrative Adoption Proceedings for the Purpose (RA-11222) | Section: Document Body

115 OG No. 17, 4162 (April 29, 2019)

Document: Correction of Entry in the Civil Register Affecting Status (CASE-11 SCRA 112) | Section: I.* Applicable Laws

I. Applicable Laws

A civil register is established for recording the civil status of persons, in which shall be entered: (a) births; (b) deaths; (c) marriages; (d) annulment of marriages; (e) divorces; (f) legitimations; (g) adoptions; (h) acknowl-edgments of natural children; (i) naturalizations; and (j) changes of name. (Sec. 1, Act No. 3753.)

The books making up the civil register and alI documents relating thereto shall be considered public documents and shall be prima facie evidence of the truth of the f acts therein contained, They shall be open to the public during office hours and shall be kept in a suitable saf e which shall be furnished to the local civil registrar at the expense of the general fund of the -municipality concerned. The local civil registrar shall not under any circumstances permit any document entrusted to his care to be removed from his office, except by order of a court, in which case the proper receipt shall be taken. The local civil registrar may issue certified copies of any document filed, upon payment of the proper fees required by this Act. (Sec. 13, Act No. 3753.)

Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto, with, the Court of First Instance of the province where the corresponding civil registry is located. (Sec. 1, Rule 108, Revised Rules of Court.)

No entry in a civil register shall be changed or corrected, without a judicial order. (Art. 412, New Civil Code.)

Document: R.A. No. 11222 - An Act Allowing the Rectification of Simulated Birth Records and Prescribing Administrative Adoption Proceedings for the Purpose (RA-11222) | Section: [ REPUBLIC ACT NO. 11222, February 21, 2019 ]

[ REPUBLIC ACT NO. 11222, February 21, 2019 ]

Document: Correction of Entry in the Civil Register Affecting Status (CASE-11 SCRA 112) | Section: XI. *Purpose of Publication in a Proceeding In Rem

XI. Purpose of Publication in a Proceeding In Rem

The publication required in Rule 108, Revised Rules of Court, regarding the cancellation or correction of entries in the civil registry, is a notice to the whole world that the proceeding has for its object to bar indifferently all who might be minded to make an objection of any sort against the right sought to be established. (Uy Sioco Nacague Tan vs. Republic, supra.)

Document: Correction of Entry in the Civil Register Affecting Status (CASE-11 SCRA 112) | Section: I.* Applicable Laws

I. Applicable Laws

A civil register is established for recording the civil status of persons, in which shall be entered: (a) births; (b) deaths; (c) marriages; (d) annulment of marriages; (e) divorces; (f) legitimations; (g) adoptions; (h) acknowl-edgments of natural children; (i) naturalizations; and (j) changes of name. (Sec. 1, Act No. 3753.)

The books making up the civil register and alI documents relating thereto shall be considered public documents and shall be prima facie evidence of the truth of the f acts therein contained, They shall be open to the public during office hours and shall be kept in a suitable saf e which shall be furnished to the local civil registrar at the expense of the general fund of the -municipality concerned. The local civil registrar shall not under any circumstances permit any document entrusted to his care to be removed from his office, except by order of a court, in which case the proper receipt shall be taken. The local civil registrar may issue certified copies of any document filed, upon payment of the proper fees required by this Act. (Sec. 13, Act No. 3753.)

Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto, with, the Court of First Instance of the province where the corresponding civil registry is located. (Sec. 1, Rule 108, Revised Rules of Court.)

No entry in a civil register shall be changed or corrected, without a judicial order. (Art. 412, New Civil Code.)

Document: Correction of Entry in the Civil Register Affecting Status (CASE-11 SCRA 112) | Section: IX. *Petition for Correction Under Rule 108, Revised Rules of Court is Required if Correction Affects Civil Status

IX. Petition for Correction Under Rule 108, Revised Rules of Court is Required if Correction Affects Civil Status

Where the correction affects the paternity or filiation of a child, and hence, its civil status, as when the names of the child's parents, as set forth in the birth certificate, are sought to be changed with others, the matter should be threshed out in a proper action, depending upon the nature of the issue involved. (Chua Tian Sang vs. Republic, 60 O.G. 1711.)

Where the petition for correction of entries made in the civil register does not merely call f or a correction of clerical error but involves a matter which concerns the citizenship not only of petitioner but of his children, it is an important controversial matter which can and should only be threshed out in an appropriate action, that is, a petition in accordance with Rule 108 of the Revised Rules of Court? Section 4 of which requires notices and publication, should be filed. The philosophy behind this requirement lies in the fact that "the books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts thereon contained." (Art. 410, New Civil Code.) If the entries in the civil register could' be corrected or changed through a mere summary proceeding, and not through. an appropriate action wherein all parties who may be affected by the entries are notified or represented, we would set wide open the door to fraud or other mischief the consequence of which might be detrimental and far reaching. It is for these reasons that the law has placed the necessary safeguards to forestall such eventuality that even on matters which call for a correction of clerical mistakes the intervention of the courts are found necessary. This is an innovation not originally found in the law which placed this matter exclusively upon the sound judgment and discretion of the civil registrars. This was found by Congress unwise and risky in view of the far reaching importance of the subjects covered by the civil register. And under the present innovation the law even exerts civil liability from the civil registrar for any unauthorized alteration, which shows the concern of Congress in maintaining the integrity and genuineness of the entries contained in our civil registers, (Art 411, New Civil Code; Ty Kong Tin vs. Republic, 94 Phil. 321; Dy Oliva vs. Republic, L-21806, Aug. 17, 1967, 20 SCRA 1070.)

Document: Correction of Entry in the Civil Register Affecting Status (CASE-11 SCRA 112) | Section: III. *Extent of Corrections of Entries in the Civil Register Under Art. 412 of the New Civil Code

In another case, the Supreme Court said that for the information of the parties concerned, and for the guidance of the public in general, it may venture the opinion that the clerical errors which might be corrected through judicial sanction under Article 412 of the New Civil Codes would be those harmless and innocuous changes, such as, correction of a name that is clearly misspelled, occupation of the parents, etc.; but for changes involving the civil status of the parents, their nationality or citizenship, those are grave and important matters which may have a bearing and effect on the citizenship and nationality not only of said parents, but of the offsprings, and to seek said changes, it is necessary to file a proper suit wherein not only the State, but also all parties concerned and affected should be made parties defendants or respondents, and evidence should be submitted, either to support the allegations of the petition or complaint, or also to disapprove the same so that any order or decision in the case may be made with due process of law and on the basis of the facts proved. Then and only then may the change or changes be made in the entry in a civil register that will affect or even determine conclusively the citizenship or nationality of a person therein involved. (Ansaldo vs. Republic, 102 Phil. 1046; Tan Su vs. Republic, L-12140, April 29, 1959.; Schultz vs. Republic, L-10055, Sept. 30, 1958; Tian Sang vs. Republic, L-15101, Sept. 30, 1960; Balete vs. Republic, L-17332, Nov. 29, 1961, 3 SCRA 582; De Castro vs. Republic, L-17431, April 30, 1963, 7 SCRA 967; Lui Lin vs. Nuño, L-18213, Dec. 24, 1963, 9 SCRA 707.)

Document: Correction of Entry in the Civil Register Affecting Status (CASE-11 SCRA 112) | Section: III. *Extent of Corrections of Entries in the Civil Register Under Art. 412 of the New Civil Code

III. Extent of Corrections of Entries in the Civil Register Under Art. 412 of the New Civil Code

In interpreting what changes can be made in the civil registry under Art. 412 of the New Civil Code, the Supreme Court held, after a mature deliberation, that what was contemplated in said article are mere corrections of mistakes that are clerical in nature and not those which may affect-the civil status or the nationality or citizenship of the persons involved. If the purpose of the petition is merely to correct a clerical error then the court may issue an order that the error or mistake may be corrected. If it refers to a substantial change, which affects the status or citizenship of a party, the matter should be threshed out in a proper action depending upon the nature of the issue involved. Such action can be found at random in our substantive and remedial laws the Implementation of which will naturally depend upon the factors and circumstances that might arise affecting the interested parties. This opinion is predicated upon the theory that the procedure contemplated in Article 412 is summary in nature which cannot cover cases involving controversial issues. (Ty Kong Tin vs. Republic, 94 Phil. 321.)

Document: R.A. No. 386 - An Act to Ordain and Institute the CIVIL Code of the Philippines (RA-386) | Section: ART. 710. The books in the Registry of Property shall be public for those who have a known interest in ascertaining the status of the immovables or real rights annotated or inscribed therein. (607)

ART. 710. The books in the Registry of Property shall be public for those who have a known interest in ascertaining the status of the immovables or real rights annotated or inscribed therein. (607)

ART. 711. For determining what titles are subject to inscription or annotation, as well as the form, effects, and cancellation of inscriptions and annotations, the manner of keeping the books in the Registry, and the value of the entries contained in said books, the provisions of the Mortgage Law, the Land Registration Act, and other special laws shall govern. (608a)

BOOK III

DIFFERENT MODES OF ACQUIRING OWNERSHIP

PRELIMINARY PROVISION

Document: R.A. No. 386 - An Act to Ordain and Institute the CIVIL Code of the Philippines (RA-386) | Section: ART. 410. The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. (n)

ART. 410. The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. (n)

ART. 411. Every civil registrar shall be civilly responsible for any unauthorized alteration made in any civil register, to any person suffering damage thereby. However, the civil registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration. (n)

Document: R.A. No. 386 - An Act to Ordain and Institute the CIVIL Code of the Philippines (RA-386) | Section: ART. 413. All other matters pertaining to the registration of civil status shall be governed by special laws. (n)

(4) In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. (335a) ART. 417. The following are also considered as personal property: (1) Obligations and actions which have for their object movables or demandable sums; and

(2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate. (336a) ART. 418. Movable property is either consumable or nonconsumable. To the first class belong those movables which cannot be used in a manner appropriate to their nature without their being consumed; to the second class belong all the others. (337)

CHAPTER 3

PROPERTY IN RELATION TO THE PERSON TO WHOM IT BELONGS

Document: R.A. No. 386 - An Act to Ordain and Institute the CIVIL Code of the Philippines (RA-386) | Section: ART. 16. Real property as well as personal property is subject to the law of the country where it is situated.

ART. 16. Real property as well as personal property is subject to the law of the country where it is situated.

However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. (10a)

Document: R.A. No. 386 - An Act to Ordain and Institute the CIVIL Code of the Philippines (RA-386) | Section: ART. 708. The Registry of Property has for its object the inscription or annotation of acts and contracts relating to the ownership and other rights over immovable property. (605)

ART. 708. The Registry of Property has for its object the inscription or annotation of acts and contracts relating to the ownership and other rights over immovable property. (605)