Académique Documents
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Culture Documents
R.A. 9255
An Act Allowing
Illegitimate Children to
Use the Surname of
their Father, amending
Article 176 of the
Family Code
Remember that
It allows illegitimate children to
use the surname of their father
provided their filiation has been
expressly recognized through
the following documents:
Record of Birth in the Civil
Registrar
Admission in Public Documents
Admission in Private Handwritten
Instruments
R.A. 9262
An Act Defining Violence Against Women
and Children, Providing Protective
Measures for Victims
It says that.
Violence must be AGAINST the Wife, exWife, a Woman with Whom the Person has
Sexual Relationship, their children, etc.
Specific on Acts Resulting to Physical,
Sexual, Psychological Harm, or Economic
Abuse, INCLUDING threats thereof.
Jurisdiction is with RTC designated as the
Family Court.
Protection Order is issued for the purpose of
preventing further acts of violence against
women or child. It may be issued by the
Barangay Captain (BPO) or the Court
(TPO) or (PPO)
A.M. 02-11-10-SC
Rule on Declaration of Absolute
Nullity
and Annulment of Voidable
Marriages
It says that:
ONLY the Husband and the Wife can file a
Petition for Declaration of Absolute Nullity.
In case of Voidable Marriages, the action may be
filed by the parties or their parents or guardians
depending upon the grounds.
A petition must be verified and signed
PERSONALLY by the petitioner.
Copy of the Petition MUST BE SERVED to the
Sol. Gen and Office of the Prosecutor WITHIN
FIVE (5) DAYS from filing and submit proof of
compliance.
It says that:
Petition may be DENIED or DISMISSED
if any of the GROUNDS stated in Art. 56
FC is present.
Donations made by innocent spouse in
favor of the Offending Spouse may be
Revoked.
In case of RECONCILIATION, the
Spouses shall File a JOINT
MANIFESTATION under OATH with the
court.
A.M. 02-11-12 SC
RULE ON PROVISIONAL ORDER
It says that.
This Rule Refers to the Provisional Orders issued by the court during
the PENDENCY of the case for Declaration of Nullity of Marriage,
Annulment of Marriage, and Legal Separation.
The provisional Orders may refer to Spousal Support, Child Support,
Visitation Rights, Hold Departure Order, and Order of Protection.
These provisional orders may be issued by the court motu propio or
upon application under oath by any party with or without a bond.
Hold Departure Order may be issued by the Court motu proprio or
upon application under oath to prevent the departure of the child of
the parties during the pendency of the case.
Order of Protection may be issued by the Court to prevent a party
from Harassing or Intimidating the other party or child, or to stay
away from the other party.
A.M. 02-11-12 SC
RULE ON PROVISIONAL ORDER
It says that..
It can be filed by any person who
have rightful custody of the minor.
Motion to Dismiss is NOT allowed.
Answer must be VERIFIED and filed
within FIVE days from RECEIPT Of
summons.
After Answer or Expiration of the
Period, the Court may Require a
Social Worker to CONDUCT a study
of the Child and the Parties and
Submit Report.
UPDATES IN JURISPRUDENCE
MARRIAGE
Absence
of
marriage
ceremony
renders
the
marriage null and void
Marriage license
xxxx xxxxx
Xxxxxxxx
xxxxxx
Marriage license
xxxx xxxxx
Xxxxxxxx
xxxxxx
ARTICLE 26
OF THE FAMILY CODE
PSYCHOLOGICAL INCAPACITY
(Art. 36 F.C.)
DECLARATION OF
PRESUMPTIVE DEATH
LEGAL SEPARATION
PROPERTY RELATIONS
Go vs. Yamane
(G.R. No. 160762, May 3, 2006)
Mere registration of the property in the
name of the wife does not destroy its
conjugal nature. It cannot be made to
answer for the personal obligation of the
wife unless it redounded to the benefit of
the partnership
FAMILY HOME
SUPPORT
PARENTAL AUTHORITY
AND
CUSTODY OF MINORS
CHANGE OF NAME
ADOPTION
SURNAME