Persons and Family relation

Article 174. Legitimate children shall have the right: (1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames; (2) To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of this Code on Support; and (3) To be entitled to the legitime and other successional rights granted to them by the Civil Code. (264a) Under paragraph 1 of article 174 provides that in the law of surname , it is provided that "legitimate and legitimated shall principally use the surname of the father" (Art.364). But the mother's surname may also be used (Art 174, Family code) Support is everything that is indispensable for sustenance, dwelling, clothing, and medical attendance, according to the social position of the family. The right to receive support cannot be renounced, nor can it be transmitted to a third person. Neither...

Article 127 . The separation in fact between husband and wife shall not affect the regime of conjugal partnership, except that:         ( 1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported;   ( 2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a summary proceeding;  (3) In the absence of sufficient conjugal partnership property, the separate property of both spouses shall be solidarily liable for the support of the family. The spouse present shall, upon petition in a summary proceeding, be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter’s share. (178a ) Effect of separation in fact of the spouses. (a) the spouse who leaves the conjugal dwelling without just cause sh...

Article 69.   The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide. The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family. (110a) Instances Where Wife Is Justified to Leave Husband and Thereby Select Her Own Domicile or Residence: If the husband lives as a vagabond having no fixed home. If the husband maltreats her. If the husband insists on his immoderate or barbaric demands from the wife for sexual intercourse. If the wife is asked by the husband to leave the conjugal place threatening to use violence upon her if she should return home. If the husband commits concubinage and continuously indulges in such illicit relationship.  Domicile is the place where the parties intend to have their permanent resi...

Article 27. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without the necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. (72a) Article 28. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar, the marriage may be solemnized without the necessity of a marriage license. (72a) Article 29. In the cases provided for in the two preceding articles, the solemnizing officer shall state in an affidavit executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed in articulo mortis or that the residence of either party, specifying the barrio or barangay, is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar and the officer took...

Article 42. Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. (32a) This article deals with the extinguishment of civil personality. Upon the moment of death of a person his right to support ends, and if a penalty imposed to a person, such penalty extinguished upon his death, and if a person dies after he has authorized another to sell the former’s property the sale after such death is not valid. CASE: DIONISIO DUMLAO et al. vs QUALITY PLASTIC PRODUCTS, INC.,  G.R. No. L-27956 April 30, 1976 FACTS: Judgement rendered on February 28, 1962 the Court of First Instance of Pangasinan in Civil Case No. T-662 ordering defendants Vicente Soliven, Pedro Oria, Santiago Laurencio, Marcelino Sumalbag and Juana Darang to pay solidarity Quality Plastic Products, Inc. the sum of P3,667.03 plus the legal rate of interest from November, 1958 or else Quality ...

Article 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a) Art. 15 stresses the Nationality principle. Regardless where a Filipino citizen is residing abroad, he or she still govern with Philippine law with respect to his or her family rights and duties  (includes parental authority, marital authority and support), s tatus  (includes personal qualities and relation),  condition and legal capacity . In the Case of:   ALICE REYES VAN DORN, petitioner vs.  HON. MANUEL V. ROMILLO, JR., as presiding judge and Richard Upton respondents. FACTS:  Petitioner Alice Reyes Van Dorn, a citizen of the Philippines and Richard Upton a private respondent  citizen of the United States were married   in Hongkong in 1972 and after their  marriage they decided to reside here in the Philippines. On 1982, the parties got...