- CIVIL PERSONALITY CHAPTER 1 GENERAL PROVISIONS. 10 0 obj <> endobj hެX�r�H}�+�"�eU�T��q����a�L�L���.H�Mx?cw?x2�J�j�u�/��̓�����~]n���?�:�;a�8��ߋ%�8 �0Z�sp���A0T ��J�bN y. No. Chapter 1. Definition of Terms.” Maria) Djan Auil De Chavez. Article 1. Article 4 In civil activities, the principles of voluntariness, fairness, making compensation for equal value, honesty and credibility shall be observed. It seems, therefore, that a married woman may use only her maiden name and surname. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. ��ߝd9n�����N�{��p\FxLR�&�G��$�b"I�$�΂�Ax�r"��\_ӻgs�e4���(�|��* �K��@b���(1��\��&�fE�3���f=������F�0'�f�v�� �b�._����VGwn}'�F���u�����������tV�]Ca��N���Hʈ���C���3uȋ��:W�G�yPM�~������l�������G�9�ğ�*�ͤ��0�}�N���M��:?���?z��LU�ѦKwWn�m^��c^N�&����n��^��V�����│ւ� ͞~�`Y?i[JW�ޚ}�1��Gv��N�3�������tGJ$%�pž�vo#1�@&kZ��|��y�axV������~����)J���� ���a��g#2F�60K����eT$�h,=��]ft4���EP㿀ʃA����p�W9�W�Ђz���S{}���S�=Gu�QA���$I;�������> �T�������Ƀ8%i����7���|��³�=Pq(g���ߓO��w(�����-� 8#� Chapter One. Article (1) Legislative provisions shall be applicable to all matters dealt therein, in letter and context. Capacity to act is not limited on account of religious belief or political opinion. Article 1311 of the Civil Code. Be it enacted by the Senate and the House of Representatives in Congress assembled: SECTION 1. A married woman may use: (1) Her maiden first name and surname and add her husband's surname, or (2) Her maiden first name and her husband's surname or (3) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs." Article 371. 374. Indeed, being an heir of Encarnacion, there is privity of interest between him and his deceased mother. 2. We hope that we were able to answer your queries. By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves.Two or more persons may also form a partnership for the exercise of a profession. This is in consonance with the principle that surnames indicate descent. The very same statement was echoed in the case of Maria Virginia V. Remo vs The Honorable Secretary of Foreign Affairs (GR 169202, March 5, 2010), penned by Associate Justice Antonio Carpio, wherein the Supreme Court held that: “A married woman has an option, but not a duty, to use the surname of the husband in any of the ways provided in Article 370 of the Civil Code. This paper will first define legal systems, legal traditions, the civil and the common law, statutory law, mixed legal systems and mixed jurisdictions. Art. endstream endobj 14 0 obj <>stream Article 370(3) reads: Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify…Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification“. (1a) Article 3. 712. This Code shall take effect one year after such publication. CIVIL CODE OF THE PHILIPPINES BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS Title I. So, for example, if Juana Santos marries Pedro dela Cruz, the law gives her the option to use either one of following names: 1) Juana Santos-dela Cruz; 2) Juana dela Cruz; 3) Mrs. Pedro dela Cruz or 4) she may retain her maiden name, Juana Santos. It is the general law that governs family and property relations in the Philippines. provided. A married woman may use: (1) Her maiden first name and surname and add her husband's surname, or (2) Her maiden first name and her husband's surname, or (3) Her husband's full name, but prefixing a word indicating that she is his laws indicate the Civil Code of the Philippines (Republic Act No. The Civil Code of the Philippines. Republic Act No. CIVIL CODE of the PHILIPPINES ANNOTATED BY EDGARDO L. PARAS,† Litt. The interviews were supplemented by secondary sources, primarily news reports in the national and international media after 5 August 2019, when the Bharatiya Janata Party (BJP)-led government […] See the Qubec Civil Code 1994. enacted by S.Q. 370. 701. 1 and 6 of the Act to introduce Book 2 of the new Civil Code. Article 370. Requisites of Marriage. 386, otherwise known as the Civil Code, is hereby further amended to read as follows: Art. MARRIAGE. THE FAMILY CODE OF THE PHILIPPINES. MARRIAGE. Be it enacted by the Senate and the House of Representatives in Congress assembled: SECTION 1. 373. I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and promulgate the Family Code of the Philippines, as follows: TITLE I. h�b```f``�g �����Y8�Ř��������S|jT�TTGX��O(�@� �B� The Civil Code shall apply in the territory of the Socialist Republic of Vietnam. h޼�mk�0���>nR�ؖm(��m��҅9���Z�%�� 613. The said provision states: “(1) Her maiden first name and surname and add her husband’s surname, or, “(2) Her maiden first name and her husband’s surname or, “(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”. Notwithstanding the provisions of the preceding article, the co-owners cannot demand a physical division of the thing owned in common, when to do so would render it unserviceable for the use for which it is intended. (1a) Art. Article 5 The lawful civil rights and interests of citizens and legal persons shall be protected by law; no READ PAPER. TITLE IX PARTNERSHIPCHAPTER 1General ProvisionsArticle 1767. Ownership is acquired by occupation and by intellectual creation. Title of Act.” This Act shall be known as the “Civil Engineering Law.” Section 2. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. Article 2.-Effect of the Civil Code 1. GENERAL PROVISIONS . Our opinion may vary when other facts are changed or elaborated. She has the option but not the duty, to use the surname of the husband in any of the ways provided by this Article.” (Tolentino, Civil Code of the Philippines, Vol. Article 370 of the Civil Code provides that 'A married woman may use: (1) Her maiden first name and surname and add her husband's surname, or (2) Her maiden first name and her husband's surname, or (3) Her husband's full name, but prefixing a word indicating that she is … Article 1. 386), specifically Articles 370 and 372 thereof and Article 63 of the Family Code of the Philippines (Executive Order 209). Questions for Chief Acosta may be sent to dearpao@manilatimes.net. 1976-04-08 (NLD-1976-L-13685) An Act to establish the text of Chs. Oops, this content can't be loadedbecause you're having connectivity problems, Stay always informed and up to date with our breaking news alerts, Internet sensation Xander Ford detained for violence vs women, Quezon town police chief sacked for violating health protocol, Military overruns NPA lair in Sultan Kudarat, Palace urges Filipinos to share blessings this Christmas. Requisites of Marriage. A contract of transportation by land or water ways of any kind shall be considered commercial: 1. 495. Under the New Civil Code, particularly Article 370 thereof, a woman is given options as regards what name she may use in case she marries. INTRODUCTORY TITLE. Under the New Civil Code, particularly Article 370 thereof, a woman is given options as regards what name she may use in case she marries. (1665a)X x x.Article 1770. Law on Agency Civil Code of the Philippines Article 1868 Article 1932 Capacity of the 3. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. 2016--07 of the Philippine Commission on Women and Article 370 of RA. Title III - Marriage. 414. Art. 386, otherwise known as the Civil Code, is hereby further amended to read as follows: Art. A married woman may use: “(1) Her maiden first name and surname and add her husband’s surname, or “(2) Her maiden first name and her husband’s surname or Married applicants who wish to use the surnames of their husbands in their Philippine documents are advised that the following format will be used in accordance with Article 370 of the Civil Code of the Philippines which states that: “A married woman may use: language of Article 370 is permissive and not mandatory. Article 1. Characteristics of a Partnership 1. The Civil Code shall apply to civil relations established from the effective date of this Code, unless otherwise provided for by this Code or the National Assembly’s resolution. The processing of Philippine civil registry documents is guided by Philippine regulations, including the Civil Code of the Philippines. 3. Art. An Act to Regulate the Practice of Civil Engineering in the Philippines Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Article I TITLE OF THE ACT AND DEFINITION OF TERMS Section 1. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. Article 1. 370. AMENDING FOR THE PURPOSE ARTICLE 370 OF REPUBLIC ACT NO. Post category: Civil Code Of the Philippines; Post comments: 1 Comment Art. Article 3 Parties to a civil activity shall have equal status. Laws shall take effect after fi fteen ... Art. Title I - Civil Personality. ARTICLE … 0 I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and promulgate the Family Code of the Philippines, as follows: TITLE I. Title II - Citizenship and Domicile. 386 An act to ordain and institute the Civil Code of the Philippines. 2. THE FAMILY CODE OF THE PHILIPPINES. Chapter 3 - Juridical Persons. When, whatever its object may be, the carrier is a merchant or is habitually engaged in transportation for the public. Further, this interpretation is in consonance with the principle that surnames indicate descent.” (Emphasis supplied). This paper. READ PAPER. Application of the Law and Its Effectiveness in Time and Place . Copyright © The Manila Times – All Rights Reserved. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise . Book I - Persons of the Civil Code of The Philippines. Art. B., LL.B., LL.M., LL.D. Civil Code of the Philippines - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. Criminal, police and public security statutes shall be binding on all persons within Spanish territory. Pursuant to Memorandum Order No. BOOK I PERSONS Title I. Chapter 1 - Requisites of Marriage. CIVIL CODE OF THE PHILIPPINES Title VII. 48 of March 20, 1947 by President Roxas. The said provision states: “Article 370. She is therefore allowed to use not only any of the three names provided in Article 370, but also her maiden name upon marriage. The personal law applicable to an individual shall be determined by his nationality. But Rica is still studying. Under the said laws, a married woman is not specifically granted the option to use her maiden name and surname; CIVIL TRANSACTIONS LAW (CIVIL CODE) OF THE UAE . The Civil Code of the Philippines. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. (n) Article 2. Download Full PDF Package. 11 Full PDFs related to this paper. %%EOF Chapter 1 - General Provisions. - CLASSIFICATION OF PROPERTY PRELIMINARY PROVISIONS. Code, other codes, the Rules of Court, and in special laws. O Scribd é o maior site social de leitura e publicação do mundo. Art. The woman may choose to continue using her maiden name. 2. No. We have no law which provides that the wife shall change her name to that of the husband upon marriage. In the situation you presented in your letter, there is no need for Rica to change her surname after marriage. Articles 38 … This Act shall be known as the "Civil Code of the Philippines." The Civil Code gives women the right to use their husband's surname at the time of marriage, viz: "Article 370. 1991, c. 64 and in force January 1, 1994. The succeeding provisions of the Civil Code establish other rules regarding a married woman's use of surname, viz: Article 371. Public law- deals with issues that affect the general public or state, the society as a whole. REPUBLIC ACT NO. FUNDAMENTALS OF PARTNERSHIP According to Article 1767 of the Civil Code of the Philippines, Partnership is a contract whereby two or more persons bind themselves to contribute money, property, or industry into a common fund with the intention of dividing profit among themselves. Persons and Family Relations (Sta. 386, OTHERWISE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES. Art. Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region located in the northern part of Indian subcontinent which was administered by India as a state from 1954 to 31 October 2019, conferring it with the power to have a separate constitution, a state flag and autonomy over the internal administration of the state. She is not prohibited from continuously using her maiden name once she is married because when a woman marries, she does not change her name but only her civil status. A married woman has the option to use her husband's surname but is not required to do so. Now the question is that the J&K has no longer a const… Chapter 1. Download Free PDF. A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP PRELIMINARY PROVISION . A widow may use the deceased husband's surname as though he were still living, in accordance with Article 370. 1976-05-06 (NLD-1976-L-13687) An act to amend the Civil Code in connection with a prohibition on dismissal in the event of marriage, pregnancy or confinement. Based on the foregoing discussion, a validly married woman has, thus, four alternatives in the adoption of surname after marriage. Maria) Download. %PDF-1.5 %���� When the courts declared a … It will 11. 24 0 obj <>stream This Act shall be known as the Civil Code of the Philippines POINTS Republic Act Number 386: “An Act to Ordain and Institute the Civil Code of the Philippines.” • Main draft prepared by the Roxas Code Commission, created via E.O. 386, otherwise known as "AN ACT TO OROAl~I AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES", "A married woman .may use: (1) Her maiden first name and surname and add her husband's surname, or (2) Her maiden (repealed). But the co-ownership may be terminated in accordance with Article … Dece Guy. Download PDF. 15 0 obj <>/Filter/FlateDecode/ID[<775920A9C884903A5F8FD9E3E037F4FF><25C4F0E5AAAE4B4A9E0E885FFFB56FA7>]/Index[10 15]/Info 9 0 R/Length 48/Prev 7689/Root 11 0 R/Size 25/Type/XRef/W[1 2 1]>>stream regulations, including the Civil Code of the Philippines. BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS Title I. Chapter 2 - Natural Persons. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. 7. All things which are or may be the object of appropriation are considered either: 2. The 1947 Code Commission started working on May 8, 1947 and ended on December 15, 1947. h�bbd``b`r~@���=$~�0012�I00 �3n� ` �L� 386, OTHERWISE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES. 6 Full PDFs related to this paper. NEW DELHI: BJP’s political agenda of a Ram temple in Ayodhya, scrapping Article 370 and adopting a Uniform Civil Code (UCC) has for several decades … After our marriage, is it required to change her surname immediately for her school records and to avoid confusion? A short summary of this paper. Persons and Family Relations (Sta. Such law shall govern capacity and civil status, family … The district health officer shall take care that one or all of the remedies against a public nuisance are availed of. My fiancée Rica and I are planning to get married soon. This paper. Section I: The Law And Its Application . It is the product of codification of private law in the Philippines. - EASEMENTS OF SERVITUDES CHAPTER 1 EASEMENTS IN GENERAL SECTION 1. Article 9 1. AMENDING FOR THE PURPOSE ARTICLE 370 OF REPUBLIC ACT NO. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Furthermore, the late legal scholar Arturo Tolentino gave the following explanation about this, viz: “Under the present article of our Code, however, the word “may” is used, indicating that the use of the husband’s surname by the wife is permissive rather than obligatory. CC0390 CC_0390-0392 Republic Act No. ARTICLE 349. On January 26, 1949, the Senate and the House of Representatives of the Philippines passed Republic Act 386, which is “An Act to Ordain and Institute the Civil Code of the Philippines.” Article 2. It was enacted in 1950, and remains in force to date with some significant amendments . A short summary of this paper. I, p.724, 1983 ed). This Code shall take effect one year after such publication. Civil Code of the Philippines: | | | Civil Code of the Philippines | | | | ... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the … When it has for its object merchandise or any article of commerce. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. Article 1. The Philippine Civil Code is strongly influenced by the Spanish Código Civil, which was first enforced in 1889 within the Philippines, then a colony of the Spanish Empire.The Código Civil remained in effect even throughout the American Occupation, however by 1940 the Commonwealth Government of President Manuel Luis Quezon formed a Commission tasked with drafting a new Civil Code. The Civil Code of the Philippines is the product of the codification of private law in the Philippines. Article 8 1. (1) A prosecution under the Penal Code or any local ordinance: or (2) A civil action; or (3) Abatement, without judicial proceedings. endstream endobj 11 0 obj <> endobj 12 0 obj <> endobj 13 0 obj <>stream - Different Kinds of Easements Art. 386 Civil Code of the Philippines, Book I Persons, Title XIV Absence, Chapter 4 Presumption of Death Article … 386 - An Act to Ordain and Institute the Civil Code of The Philippines. Approved on June 18, 1949. 700. — CLASSIFICATION OF PROPERTY. Article 370 of Republic Act No. That is, if she would want to retain it so as to reflect the same in her records in school. Download Full PDF Package. This Act shall be known as the “Civil Code of the Philippines.” (n) Art. Download PDF. 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