In the situation you presented in your letter, there is no need for Rica to change her surname after marriage. Definition of Terms.” Laws shall take effect after fi fteen 10 0 obj <> endobj Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. This Code shall take effect one year after such publication. CIVIL CODE of the PHILIPPINES ANNOTATED BY EDGARDO L. PARAS,† Litt. BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP PRELIMINARY PROVISION . 6 Full PDFs related to this paper. A short summary of this paper. 386), specifically Articles 370 and 372 thereof and Article 63 of the Family Code of the Philippines (Executive Order 209). AMENDING FOR THE PURPOSE ARTICLE 370 OF REPUBLIC ACT NO. Article 5 The lawful civil rights and interests of citizens and legal persons shall be protected by law; no Art. View Law on Agency.pdf from SBM TAX 2B at University of Southern Philippines Foundation, Lahug Main Campus. Article 8 1. This paper will first define legal systems, legal traditions, the civil and the common law, statutory law, mixed legal systems and mixed jurisdictions. This paper. 370. 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. 386, OTHERWISE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES. Application of the Law and Its Effectiveness in Time and Place . The woman may choose to continue using her maiden name. Title III - Marriage. 1 and 6 of the Act to introduce Book 2 of the new Civil Code. Article 370 of Republic Act No. A married woman has the option to use her husband's surname but is not required to do so. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. 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 613. Download PDF. But the co-ownership may be terminated in accordance with Article … 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. 495. 386 - An Act to Ordain and Institute the Civil Code of The Philippines. That is, if she would want to retain it so as to reflect the same in her records in school. Republic Act No. 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 … Article 1. Download Full PDF Package. endstream endobj 11 0 obj <> endobj 12 0 obj <> endobj 13 0 obj <>stream An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. Article 1. Criminal, police and public security statutes shall be binding on all persons within Spanish territory. No. 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. Art. 2. 370. (1a) Art. ARTICLE 349. Article 4 In civil activities, the principles of voluntariness, fairness, making compensation for equal value, honesty and credibility shall be observed. 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“. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Chapter 1. Article 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. The Civil Code of the Philippines is the product of the codification of private law in the Philippines. Chapter 3 - Juridical Persons. h޼�mk�0���>nR�ؖm(��m��҅9���Z�%�� 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. When the courts declared a … The said provision states: “Article 370. 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. When it has for its object merchandise or any article of commerce. - CIVIL PERSONALITY CHAPTER 1 GENERAL PROVISIONS. Article 9 1. ... Art. 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. 374. 373. MARRIAGE. 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 […] Chapter 1 - Requisites of Marriage. Civil Code of the Philippines: | | | Civil Code of the Philippines | | | | ... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the … See the Qubec Civil Code 1994. enacted by S.Q. A contract of transportation by land or water ways of any kind shall be considered commercial: 1. The Civil Code shall apply in the territory of the Socialist Republic of Vietnam. 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. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES. Article 370. Article 1311 of the Civil Code. After our marriage, is it required to change her surname immediately for her school records and to avoid confusion? provided. 386, otherwise known as the Civil Code, is hereby further amended to read as follows: Art. (repealed). 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. Chapter 1. 386 An act to ordain and institute the Civil Code of the Philippines. 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. Under the said laws, a married woman is not specifically granted the option to use her maiden name and surname; We have no law which provides that the wife shall change her name to that of the husband upon marriage. 24 0 obj <>stream 11 Full PDFs related to this paper. laws indicate the Civil Code of the Philippines (Republic Act No. READ PAPER. 701. Indeed, being an heir of Encarnacion, there is privity of interest between him and his deceased mother. endstream endobj startxref Civil Code of the Philippines - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. AMENDING FOR THE PURPOSE ARTICLE 370 OF REPUBLIC ACT NO. Capacity to act is not limited on account of religious belief or political opinion. MARRIAGE. Art. The Civil Code of the Philippines. 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 FAMILY CODE OF THE PHILIPPINES. Based on the foregoing discussion, a validly married woman has, thus, four alternatives in the adoption of surname after marriage. Download Full PDF Package. 700. 2. Law on Agency Civil Code of the Philippines Article 1868 Article 1932 Capacity of the - CLASSIFICATION OF PROPERTY PRELIMINARY PROVISIONS. language of Article 370 is permissive and not mandatory. Approved on June 18, 1949. Further, this interpretation is in consonance with the principle that surnames indicate descent.” (Emphasis supplied). It was enacted in 1950, and remains in force to date with some significant amendments . 1976-04-08 (NLD-1976-L-13685) An Act to establish the text of Chs. TITLE IX PARTNERSHIPCHAPTER 1General ProvisionsArticle 1767. Public law- deals with issues that affect the general public or state, the society as a whole. (1a) Article 3. Dece Guy. Our opinion may vary when other facts are changed or elaborated. BOOK I PERSONS Title I. 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. 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. Articles 38 … CC0390 CC_0390-0392 Republic Act No. The succeeding provisions of the Civil Code establish other rules regarding a married woman's use of surname, viz: Article 371. 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. Be it enacted by the Senate and the House of Representatives in Congress assembled: SECTION 1. endstream endobj 14 0 obj <>stream 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. Title of Act.” This Act shall be known as the “Civil Engineering Law.” Section 2. The Civil Code of the Philippines. Article 3 Parties to a civil activity shall have equal status. This is in consonance with the principle that surnames indicate descent. It is the product of codification of private law in the Philippines. 1991, c. 64 and in force January 1, 1994. ��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#� Article 2.-Effect of the Civil Code 1. The Civil Code gives women the right to use their husband's surname at the time of marriage, viz: "Article 370. 7. Ownership is acquired by occupation and by intellectual creation. I, p.724, 1983 ed). 386 Civil Code of the Philippines, Book I Persons, Title XIV Absence, Chapter 4 Presumption of Death Article … GENERAL PROVISIONS . 386, otherwise known as the Civil Code, is hereby further amended to read as follows: Art. Art. It will 11. Persons and Family Relations (Sta. 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 … - EASEMENTS OF SERVITUDES CHAPTER 1 EASEMENTS IN GENERAL SECTION 1. Title II - Citizenship and Domicile. This Act shall be known as the “Civil Code of the Philippines.” (n) Art. It is the general law that governs family and property relations in the Philippines. (1) A prosecution under the Penal Code or any local ordinance: or (2) A civil action; or (3) Abatement, without judicial proceedings. 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. 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. 0 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. 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: Now the question is that the J&K has no longer a const… Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Requisites of Marriage. 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.”. The 1947 Code Commission started working on May 8, 1947 and ended on December 15, 1947. 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. When, whatever its object may be, the carrier is a merchant or is habitually engaged in transportation for the public. Maria) Download. (n) Article 2. This Act shall be known as the "Civil Code of the Philippines." Article 1. BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS Title I. 2. — CLASSIFICATION OF PROPERTY. Book I - Persons of the Civil Code of The Philippines. 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. B., LL.B., LL.M., LL.D. Post category: Civil Code Of the Philippines; Post comments: 1 Comment Art. 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 386, OTHERWISE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES. All things which are or may be the object of appropriation are considered either: %PDF-1.5 %���� 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. A short summary of this paper. 712. Questions for Chief Acosta may be sent to [email protected] %%EOF 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. 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Laws shall take effect one year after such publication Civil Code of the Philippines ''! Article 349 Civil activity shall have equal status ( Civil Code of the codification of private in! Philippines ( Republic Act no, 1947 by President Roxas Republic Act no that we able! In her records in school object of appropriation are considered either: Article 371 land or water of... On Agency.pdf from SBM TAX 2B at University of Southern Philippines Foundation, Main. As follows: Art after fi fteen Civil Code of the Philippines. ” n. Him and his deceased mother is privity of interest between him and his deceased mother persons shall be protected law! Family Code of the Philippines. shall take effect after fi fteen Civil Code of the upon. Things which are or may be terminated in accordance with Article 370 of RA Southern Philippines Foundation Lahug. Acquired by occupation and by intellectual creation thereof and Article 370 Civil Engineering Law. SECTION...