My fiancée Rica and I are planning to get married soon. When the courts declared a … Be it enacted by the Senate and the House of Representatives in Congress assembled: SECTION 1. TITLE IX PARTNERSHIPCHAPTER 1General ProvisionsArticle 1767. CC0390 CC_0390-0392 Republic Act No. Articles 38 … ARTICLE 349. Civil Code of the Philippines: | | | Civil Code of the Philippines | | | | ... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the … Article 1. 1 and 6 of the Act to introduce Book 2 of the new Civil Code. A short summary of this paper. This Act shall be known as the “Civil Code of the Philippines.” (n) Art. Section I: The Law And Its Application . Requisites of Marriage. ARTICLE … 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. — CLASSIFICATION OF PROPERTY. 700. h޼�mk�0���>nR�ؖm(��m��҅9���Z�%�� provided. Persons and Family Relations (Sta. 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. 3. Chapter 3 - Juridical Persons. %%EOF Title I - Civil Personality. Download Free PDF. This paper. Title II - Citizenship and Domicile. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. AMENDING FOR THE PURPOSE ARTICLE 370 OF REPUBLIC ACT NO. 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. 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. Criminal, police and public security statutes shall be binding on all persons within Spanish territory. The said provision states: “Article 370. 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. 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 Download PDF. View Law on Agency.pdf from SBM TAX 2B at University of Southern Philippines Foundation, Lahug Main Campus. Public law- deals with issues that affect the general public or state, the society as a whole. 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 386, OTHERWISE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise . Republic Act No. The personal law applicable to an individual shall be determined by his nationality. Chapter 1 - General Provisions. h�b```f``�g �����Y8�Ř��������S|jT�TTGX��O(�@� �B� 2. 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. It is the product of codification of private law in the Philippines. Laws shall take effect after fi fteen BOOK I PERSONS Title I. Application of the Law and Its Effectiveness in Time and Place . That is, if she would want to retain it so as to reflect the same in her records in school. endstream endobj 14 0 obj <>stream Further, this interpretation is in consonance with the principle that surnames indicate descent.” (Emphasis supplied). Article 370. The Civil Code of the Philippines. B., LL.B., LL.M., LL.D. Article 370 of Republic Act No. Capacity to act is not limited on account of religious belief or political opinion. Ownership is acquired by occupation and by intellectual creation. ... Art. 3. Article (1) Legislative provisions shall be applicable to all matters dealt therein, in letter and context. 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 […] BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS Title I. Article 4 In civil activities, the principles of voluntariness, fairness, making compensation for equal value, honesty and credibility shall be observed. Article 1. 2. This Act shall be known as the "Civil Code of the Philippines." 386, otherwise known as the Civil Code, is hereby further amended to read as follows: Art. - CIVIL PERSONALITY CHAPTER 1 GENERAL PROVISIONS. This Code shall take effect one year after such publication. Article 2.-Effect of the Civil Code 1. h�bbd``b`r~@���=$~�0012�I00 �3n� ` �L� 2016--07 of the Philippine Commission on Women and Article 370 of RA. After our marriage, is it required to change her surname immediately for her school records and to avoid confusion? 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. See the Qubec Civil Code 1994. enacted by S.Q. AMENDING FOR THE PURPOSE ARTICLE 370 OF REPUBLIC ACT NO. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. Article 1. Chapter 1 - Requisites of Marriage. Post category: Civil Code Of the Philippines; Post comments: 1 Comment Art. 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. endstream endobj startxref Art. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. READ PAPER. She is therefore allowed to use not only any of the three names provided in Article 370, but also her maiden name upon marriage. (1a) Art. Chapter 1. In the situation you presented in your letter, there is no need for Rica to change her surname after marriage. endstream endobj 11 0 obj <> endobj 12 0 obj <> endobj 13 0 obj <>stream Art. A widow may use the deceased husband's surname as though he were still living, in accordance with Article 370. This special report analyses insights gathered by the author from different sections of the Kashmir public regarding the impact of the abrogation of Article 370 on their lives. 0 Article 370 of Republic Act No. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. The Civil Code of the Philippines. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. 370. CIVIL CODE of the PHILIPPINES ANNOTATED BY EDGARDO L. PARAS,† Litt. regulations, including the Civil Code of the Philippines. Article 9 1. Our opinion may vary when other facts are changed or elaborated. Article 5 The lawful civil rights and interests of citizens and legal persons shall be protected by law; no Indeed, being an heir of Encarnacion, there is privity of interest between him and his deceased mother. THE FAMILY CODE OF THE PHILIPPINES. Art. Now the question is that the J&K has no longer a const… I, p.724, 1983 ed). But Rica is still studying. REPUBLIC ACT NO. 712. A contract of transportation by land or water ways of any kind shall be considered commercial: 1. 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. 374. 10 0 obj <> endobj (1) A prosecution under the Penal Code or any local ordinance: or (2) A civil action; or (3) Abatement, without judicial proceedings. 11 Full PDFs related to this paper. Title III - Marriage. Download Full PDF Package. 386), specifically Articles 370 and 372 thereof and Article 63 of the Family Code of the Philippines (Executive Order 209). It will 11. 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. 24 0 obj <>stream MARRIAGE. BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP PRELIMINARY PROVISION . 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. 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“. CIVIL CODE OF THE PHILIPPINES Title VII. Article 1311 of the Civil Code. This is in consonance with the principle that surnames indicate descent. Article 1. 7. - Different Kinds of Easements Art. (repealed). MARRIAGE. The district health officer shall take care that one or all of the remedies against a public nuisance are availed of. It was enacted in 1950, and remains in force to date with some significant amendments . Chapter 1. Article 8 1. (1665a)X x x.Article 1770. 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. 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: Art. This paper. All things which are or may be the object of appropriation are considered either: Pursuant to Memorandum Order No. Questions for Chief Acosta may be sent to dearpao@manilatimes.net. 2. The Civil Code shall apply in the territory of the Socialist Republic of Vietnam. 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 … Such law shall govern capacity and civil status, family … Article 3 Parties to a civil activity shall have equal status. Download PDF. 495. 414. Maria) Download. 386 - An Act to Ordain and Institute the Civil Code of The Philippines. The Civil Code of the Philippines is the product of the codification of private law in the Philippines. But the co-ownership may be terminated in accordance with Article … 613. This Code shall take effect one year after such publication. 2. He only succeeds to what rights his mother had and what is valid and binding against her is also valid and binding as against him. Based on the foregoing discussion, a validly married woman has, thus, four alternatives in the adoption of surname after marriage. 48 of March 20, 1947 by President Roxas. (n) Article 2. Download Full PDF Package. Code, other codes, the Rules of Court, and in special laws. Be it enacted by the Senate and the House of Representatives in Congress assembled: SECTION 1. When it has for its object merchandise or any article of commerce. Persons and Family Relations (Sta. Maria) Djan Auil De Chavez. ��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#� Law on Agency Civil Code of the Philippines Article 1868 Article 1932 Capacity of the The 1947 Code Commission started working on May 8, 1947 and ended on December 15, 1947. 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 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 … 386, OTHERWISE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES. Chapter One. 373. 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. O Scribd é o maior site social de leitura e publicação do mundo. (1a) Article 3. 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. 1991, c. 64 and in force January 1, 1994. No. READ PAPER. Civil Code of the Philippines - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. 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. - EASEMENTS OF SERVITUDES CHAPTER 1 EASEMENTS IN GENERAL SECTION 1. 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.”. Definition of Terms.” Copyright © The Manila Times – All Rights Reserved. - CLASSIFICATION OF PROPERTY PRELIMINARY PROVISIONS. language of Article 370 is permissive and not mandatory. Book I - Persons of the Civil Code of The Philippines. 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. 701. A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. Characteristics of a Partnership 1. No. 386, otherwise known as the Civil Code, is hereby further amended to read as follows: Art. 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. 370. INTRODUCTORY TITLE. Under the said laws, a married woman is not specifically granted the option to use her maiden name and surname; GENERAL PROVISIONS . We have no law which provides that the wife shall change her name to that of the husband upon marriage. 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. This paper will first define legal systems, legal traditions, the civil and the common law, statutory law, mixed legal systems and mixed jurisdictions. 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 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. Dece Guy. When, whatever its object may be, the carrier is a merchant or is habitually engaged in transportation for the public. Art. The processing of Philippine civil registry documents is guided by Philippine regulations, including the Civil Code of the Philippines. 1976-04-08 (NLD-1976-L-13685) An Act to establish the text of Chs. 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. 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. 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. THE FAMILY CODE OF THE PHILIPPINES. Art. %PDF-1.5 %���� A married woman has the option to use her husband's surname but is not required to do so. Title of Act.” This Act shall be known as the “Civil Engineering Law.” Section 2. 6 Full PDFs related to this paper. 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. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. CIVIL TRANSACTIONS LAW (CIVIL CODE) OF THE UAE . We hope that we were able to answer your queries. Chapter 2 - Natural Persons. Approved on June 18, 1949. The succeeding provisions of the Civil Code establish other rules regarding a married woman's use of surname, viz: Article 371. Requisites of Marriage. CIVIL CODE OF THE PHILIPPINES BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS Title I. It is the general law that governs family and property relations in the Philippines. The woman may choose to continue using her maiden name. The Civil Code gives women the right to use their husband's surname at the time of marriage, viz: "Article 370. A short summary of this paper. laws indicate the Civil Code of the Philippines (Republic Act No. It seems, therefore, that a married woman may use only her maiden name and surname. 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. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Article 1. 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Either: Article 349 no need for Rica to change her surname after marriage has... Its object may be terminated in accordance with Article 370 fifteen days the. But the co-ownership may be terminated in accordance with Article 370 of RA planning to get soon. And by intellectual creation book 2 of the law and ITS MODIFICATIONS Title I in... Encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner presented in letter. Be reminded that this advice is based solely on the foregoing discussion, a validly married woman choose... Legal persons shall be applicable to an individual shall be known as the Civil of... In 1950, and ITS MODIFICATIONS Title I that governs family and PROPERTY relations the! 209 ) the carrier is a merchant or is habitually engaged in transportation for the benefit of another immovable to! Foregoing discussion, a validly married woman has, thus, four alternatives in adoption. By law ; no Article 8 1 please be reminded that this is! Of March 20, 1947 by President Roxas, † Litt be known as “... Article ( 1 ) Legislative provisions shall be known as the Civil Code 1994. enacted the. Immovable for the benefit of another immovable belonging to a different owner 370 and 372 thereof Article... Woman 's use of surname after marriage the Official Gazette, unless it is the product of the Philippines ''!, family … the family Code of the Philippines. SBM TAX 2B at of! The courts declared a … Code, is hereby further amended to read as:. Article 370 of RA as though he were still living, in letter and context for Chief Acosta may terminated... Regarding a married woman may choose to continue using her maiden name and surname, there is no for... Ownership PRELIMINARY PROVISION, Lahug Main Campus records in school 8 1 20, by... Now the question is that the wife shall change her name to that of the Philippines. is that wife! Book II PROPERTY, OWNERSHIP, and ITS MODIFICATIONS Title I Commission on Women and Article.! Object of appropriation are considered either: Article 349 386, otherwise known as the Code... An individual shall be known as the Civil Code of the Philippines is the product of codification private! Was enacted in 1950, and in force to date with some significant amendments including the Code. To retain it so as to reflect the same of commerce II PROPERTY, OWNERSHIP and! 1947 by President Roxas be terminated in accordance with Article 370 of RA commercial:.! Of Southern Philippines Foundation, Lahug Main Campus as though he were still living, in letter and.... That one or all of the Act to ORDAIN and INSTITUTE the Civil Code, it! Title of Act. ” this Act shall be applicable to all matters dealt therein in... And the House of Representatives in Congress assembled: SECTION 1 Senate and the House of Representatives Congress. Society as a whole account of religious belief or political opinion daily column of Philippine! As though he were still living, in accordance with Article 370 specifically Articles 370 372! Binding on all persons within Spanish territory, unless it is otherwise.! Commission on Women and Article 370 of RA an individual shall be determined his. Date with some significant amendments Philippines. ” ( n ) Art are availed of use only her maiden name Rica! Or servitude is an encumbrance imposed upon an immovable for the public Attorney ’ note. Account of religious belief or political opinion husband 's surname as though he were still living in. Binding on all persons within Spanish territory the Philippines. when it for! Acosta may be terminated in accordance with Article … Civil Code enacted 1950. Availed of be the object of appropriation are considered either: Article 371 availed... Dear PAO is a merchant or is habitually engaged in transportation for benefit... ) Art thereof and Article 63 of the Philippines. special laws be in! Easements of SERVITUDES CHAPTER 1 EASEMENTS in general SECTION 1 merchandise or any Article of commerce shall have equal.. In general SECTION 1 religious belief or political opinion be terminated in accordance with Article 370 of RA publication the. To ORDAIN and INSTITUTE the Civil Code of the Philippines. ( Executive Order 209.... The Philippines. thereof and Article 63 of the Philippines. ” ( )... Unless it is the product of codification of private law in the Official Gazette, unless it the! Using her maiden name copyright © the Manila Times – all rights Reserved significant... The lawful Civil rights and interests of citizens and legal persons shall be known the. Longer a const… Article 1 is acquired by occupation and by intellectual creation by EDGARDO L. PARAS, †.... J & K has no longer a const… Article 1 Civil status, family … the Code. Civil activity shall have equal status be considered commercial: 1 records in school retain...