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Showing posts from November, 2019

Article 218 and 219 of the Family Code of the Philippines

Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.   Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school , entity or institution. (349a) Article 218 provides that, the persons and entities given by law special parental authority are the school, its administrators an teachers, or the individual,entity or institution engaged in child care. They are civilly liable for acts and omissions of unemancipated minor. However, the liabilities shall not apply if they proved that they exercised the proper diligence required under a particular circumstances. The liability is still attache while the minor child is under their supervision, instruction and custody and also to all authorized activities inside the premises of ...

Article 174 of the Family Code of the Philippines

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 and 128 of the Family code of the Philippines

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...