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State of being deaf-mute

Art. 1327 NCC


The following cannot give consent to a contract:
(1) Unemancipated minors;
(2) Insane or demented persons, and deaf-mutes who do not know how
to write.
Art 807 NCC
If the testator be deaf, or a deaf-mute, he must personally read the
will, if able to do so; otherwise, he shall designate two persons to read
it and communicate to him, in some practicable manner, the contents
thereof.
Art 820 NCC
Any person of sound mind and of the age of eighteen years or more,
and not bind, deaf or dumb, and able to read and write, may be a
witness to the execution of a will mentioned in Article 805 of this Code
Prodigality
Rule 92 Sec 2, Rules of court
Meaning of word "incompetent." Under this rule, the word
"incompetent" includes persons suffering the penalty of civil
interdiction or who are hospitalized lepers, prodigals, deaf and dumb
who are unable to read and write, those who are of unsound mind,
even though they have lucid intervals, and persons not being of
unsound mind, but by reason of age, disease, weak mind, and other
similar causes, cannot, without outside aid, take care of themselves
and manage their property, becoming thereby an easy prey for deceit
and exploitation.
Civil Interdiction
Art 34 RPC
Civil interdiction. - Civil interdiction shall deprive the offender during
the time of his sentence of the rights of parental authority, or
guardianship, either as to the person or property of any ward, of
marital authority, of the right to manage his property and of the right
to dispose of such property by any act or any conveyance inter vivos.
Art 151 (1) FC
Any of the following shall be considered sufficient cause for judicial
separation of property:

(1)That the spouse of the petitioner has been sentenced to a


penalty which carries with it civil interdiction;
Family Relations
Art. 11 (2) Revised Penal Code
Justifying circumstances. - The following do not incur any criminal
liability:
2. Any one who acts in defense of the person or rights of his spouse,
ascendants, descendants, or legitimate, natural or adopted brothers or
sisters, or his relatives by affinity in the same degrees and those
consanguinity within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding circumstance are
present, and the further requisite, in case the revocation was given by
the person attacked, that the one making defense had no part therein.
Art. 13 (5) Revised Penal Code
Mitigating circumstances. - The following are mitigating circumstances
5. That the act was committed in the immediate vindication of a grave
offense to the one committing the felony (delito), his spouse,
ascendants, or relatives by affinity within the same degrees.
Art. 1109 NCC
Prescription does not run between husband and wife, even though
there be a separation of property agreed upon in the marriage
settlements or by judicial decree.
Neither does prescription run between parents and children, during the
minority or insanity of the latter, and between guardian and ward
during the continuance of the guardianship
Art. 1490 NCC
The husband and the wife cannot sell property to each other, except:
(1) When a separation of property was agreed upon in the
marriage settlements; or
(2)When there has been a judicial separation or property under
Article 191
Art 37 FC
Marriages between the following are incestuous and void from the
beginning, whether relationship between the parties be legitimate or
illegitimate:
(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood
Art 87 FC
Every donation or grant of gratuitous advantage, direct or indirect,
between the spouses during the marriage shall be void, except
moderate gifts which the spouses may give each other on the occasion
of any family rejoicing. The prohibition shall also apply to persons living
together as husband and wife without a valid marriage.
Art 215
No descendant shall be compelled, in a criminal case, to testify against
his parents and grandparents, except when such testimony is
indispensable in a crime against the descendant or by one parent
against the other.
Absence
Art 390 NCC
After an absence of seven years, it being unknown whether or not the
absentee still lives, he shall be presumed dead for all purposes, except
for those of succession.
The absentee shall not be presumed dead for the purpose of opening
his succession till after an absence of ten years. If he disappeared after
the age of seventy-five years, an absence of five years shall be
sufficient in order that his succession may be opened
Art. 391
The following shall be presumed dead for all purposes, including the
division of the estate among the heirs:
(1)

A person on board a vessel lost during a sea voyage, or an


aeroplane which is missing, who has not been heard of for four
years since the loss of the vessel or aeroplane;

(2)

A person in the armed forces who has taken part in war, and has
been missing for four years;

(3)

A person who has been in danger of death under other


circumstances and his existence has not been known for four
years.

Art 41 FC

A marriage contracted by any person during subsistence of a previous


marriage shall be null and void, unless before the celebration of the
subsequent marriage, the prior spouse had been absent for four
consecutive years and the spouse present has a well-founded belief
that the absent spouse was already dead. In case of disappearance
where there is danger of death under the circumstances set forth in
the provisions of Article 391 of the Civil Code, an absence of only two
years shall be sufficient.
Art 42 FC
The subsequent marriage referred to in the preceding Article shall be
automatically terminated by the recording of the affidavit of
reappearance of the absent spouse, unless there is a judgment
annulling the previous marriage or declaring it void ab initio
Definition and nature of Marriage
Art 1, Family Code
Marriage is a special contract of permanent union between a man and
a woman entered into in accordance with law for the establishment of
conjugal and family life. It is the foundation of the family and an
inviolable social institution whose nature, consequences, and incidents
are governed by law and not subject to stipulation, except that
marriage settlements may fix the property relations during the
marriage within the limits provided by this Code.
Sec 1, Article 15 1987 Constitution
The State recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its
total development.
Sec 2, Article 15 1987 Constitution
Marriage, as an inviolable social institution, is the foundation of the
family and shall be protected by the State.
Sec 3, Article 15 1987 Constitution
The State shall defend:
(1) The right of spouses to found a family in accordance with their
religious convictions and the demands of responsible parenthood;
(2) The right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation and other conditions prejudicial to their
development;

(3) The right of the family to a family living wage and income; and
(4) The right of families or family associations to participate in the
planning and implementation of policies and programs that affect
them.
Sec 4, Article 15 1987 Constitution
The family has the duty to care for its elderly members but the State
may also do so through just programs of social security
Aguiling-Panganalanan, Marriage and unmarried cohabitation
Requisites of Marriage
Art 2 Family Code
No marriage shall be valid, unless these essential requisites are
present:
(1) Legal capacity of the contracting parties who must be a male and a
female; and
(2) Consent freely given in the presence of the solemnizing officer
Art 3 Family Code
The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter
2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the
contracting parties before the solemnizing officer and their personal
declaration that they take each other as husband and wife in the
presence of not less than two witnesses of legal age
Art 16 Code of Muslim Personal Laws
Capacity to contract marriage.
(1) Any Muslim male at least fifteen years of age and any Muslim
female of the age of puberty or upwards and not suffering from any
impediment under the provisions of this Code may contract marriage.
A female is presumed to have attained puberty upon reaching the age
of fifteen.
(2) However, the Shari'a District Court may, upon petition of a proper
wali, order the solemnization of the marriage of a female who though

less than fifteen but not below twelve years of age, has attained
puberty.
(3)Marriage through a wali by a minor below the prescribed ages shall
be regarded as betrothal and may be annulled upon the petition of
either party within four years after attaining the age of puberty,
provided no voluntary cohabitation has taken place and the wali
who contracted the marriage was other than the father or paternal
grandfather.
Art 17 Code of Muslim Personal Laws
Marriage ceremony. No particular form of marriage ceremony is
required but the ijab and the gabul in marriage shall be declared
publicly in the presence of the person solemnizing the marriage and
two competent witnesses. This declaration shall be set forth in an
instrument in triplicate, signed or marked by the contracting parties
and said witnesses, and attested by the person solemnizing the
marriage. One copy shall be given to the contracting parties and
another sent to the Circuit Registrar by the solemnizing officer who
shall keep the third.
Art 18 Code of Muslim Personal Laws
Authority to solemnize marriage. Marriage may be solemnized:
(a) By the proper wali of the woman to be wedded;
(b) Upon authority of the proper wali, by any person who is competent
under Muslim law to solemnize marriage; or
(c) By the judge of the Shari'a District Court of Shari'a Circuit Court or
any person designated by the judge, should the proper wali refuse
without justifiable reason, to authorize the solemnization.
Section 22 Article 2 1987 Constitution
The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.
Section 17 Article 14 1987 Constitution
The State shall recognize, respect, and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions,
and institutions. It shall consider these rights in the formulation of
national plans and policies.
Section 2 (c) The indigenous peoples rights act 1977
Declaration of State Policies. - The State shall recognize and
promote all the rights of Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs) hereunder enumerated within the framework of the

Constitution:
c) The State shall recognize, respect and protect the rights of ICCs/IPs
to
preserve and develop their cultures, traditions and institutions. It shall
consider these rights in the formulation of national laws and policies;
Section 29 The indigenous peoples rights act 1977
Protection of Indigenous Culture, traditions and institutions. The state shall respect, recognize and protect the right of the ICCs/IPs
to
preserve and protect their culture, traditions and institutions. It shall
consider these rights in the formulation of national plans and policies.
Section 32. The indigenous peoples rights act 1977
Community Intellectual Rights. ICCs/IPs have the right to practice and
revitalize their own cultural traditions and customs. The State shall
preserve, protect and develop the past, present and future
manifestations of their cultures as well as the right to the restitution of
cultural, intellectual, religious, and spiritual property taken without
their free
and prior informed consent or in violation of their laws, traditions and
customs.
Essential Requisites (Legal Capacity)
1. Male and female
Rule 103, Rules of court
Section 1. Venue. A person desiring to change his name shall
present the petition to the Court of First Instance of the province in
which he resides, or, in the City of Manila, to the Juvenile and Domestic
Relations Court.
Section 2. Contents of petition. A petition for change of name shall
be signed and verified by the person desiring his name changed, or
some other person on his behalf, and shall set forth:
(a)
That the petitioner has been a bona fide resident of the province
where the petition is filed for at least three (3) years prior to the date
of such filing;
(b)
The cause for which the change of the petitioner's name is
sought;

(c)

The name asked for.

Section 3. Order for hearing. If the petition filed is sufficient in form


and substance, the court, by an order reciting the purpose of the
petition, shall fix a date and place for the hearing thereof, and shall
direct that a copy of the order be published before the hearing at least
once a week for three (3) successive weeks in some newspaper of
general circulation published in the province, as the court shall deem
best. The date set for the hearing shall not be within thirty (30) days
prior to an election nor within four (4) month after the last publication
of the notice.
Section 4. Hearing. Any interested person may appear at the
hearing and oppose the petition. The Solicitor General or the proper
provincial or city fiscal shall appear on behalf of the Government of the
Republic.
Section 5. Judgment. Upon satisfactory proof in open court on the
date fixed in the order that such order has been published as directed
and that the allegations of the petition are true, the court shall, if
proper and reasonable cause appears for changing the name of the
petitioner, adjudge that such name be changed in accordance with the
prayer of the petition.
Section 6. Service of judgment. Judgments or orders rendered in
connection with this rule shall be furnished the civil registrar of the
municipality or city where the court issuing the same is situated, who
shall forthwith enter the same in the civil register.
Rule 108 Rules of Court
Cancellation Or Correction Of Entries In The Civil Registry
Section 1. Who may file petition. Any person interested in any act,
event, order or decree concerning the civil status of persons which has
been recorded in the civil register, may file a verified petition for the
cancellation or correction of any entry relating thereto, with the Court
of First Instance of the province where the corresponding civil registry
is located.
Section 2. Entries subject to cancellation or correction. Upon good
and valid grounds, the following entries in the civil register may be
cancelled or corrected: (a) births: (b) marriage; (c) deaths; (d) legal
separations; (e) judgments of annulments of marriage; (f) judgments
declaring marriages void from the beginning; (g) legitimations; (h)
adoptions; (i) acknowledgments of natural children; (j) naturalization;

(k) election, loss or recovery of citizenship; (l) civil interdiction; (m)


judicial determination of filiation; (n) voluntary emancipation of a
minor; and (o) changes of name.
Section 3. Parties. When cancellation or correction of an entry in
the civil register is sought, the civil registrar and all persons who have
or claim any interest which would be affected thereby shall be made
parties to the proceeding.
Section 4. Notice and publication. Upon the filing of the petition,
the court shall, by an order, fix the time and place for the hearing of
the same, and cause reasonable notice thereof to be given to the
persons named in the petition. The court shall also cause the order to
be published once a week for three (3) consecutive weeks in a
newspaper of general circulation in the province.
Section 5. Opposition. The civil registrar and any person having or
claiming any interest under the entry whose cancellation or correction
is sought may, within fifteen (15) days from notice of the petition, or
from the last date of publication of such notice, file his opposition
thereto.
Section 6. Expediting proceedings. The court in which the
proceeding is brought may make orders expediting the proceedings,
and may also grant preliminary injunction for the preservation of the
rights of the parties pending such proceedings.
Section 7. Order. After hearing, the court may either dismiss the
petition or issue an order granting the cancellation or correction prayed
for. In either case, a certified copy of the judgment shall be served
upon the civil registrar concerned who shall annotated the same in his
record.
RA 8371 (1-7)
Section 1. Authority to Correct Clerical or Typographical Error and
Change of First Name or Nickname No entry in a civil register shall be
changed or corrected without a judicial order, except for clerical or
typographical errors and change of first name or nickname which can
be corrected or changed by the concerned city or municipal civil
registrar or consul general in accordance with the provisions of this Act
and its implementing rules and regulations.
Section 2. Definition of Terms As used in this Act, the following
terms shall mean:

(1) "City or Municipal civil registrar" refers to the head of the local civil
registry office of the city or municipality, as the case may be, who is
appointed as such by the city or municipal mayor in accordance with
the provisions of existing laws.
(2) "Petitioner" refers to a natural person filing the petition and who
has direct and personal interest in the correction of a clerical or
typographical error in an entry or change of first name or nickname in
the civil register.
(3) "Clerical or typographical error" refers to a mistake committed in
the performance of clerical work in writing, copying, transcribing or
typing an entry in the civil register that is harmless and innocuous,
such as misspelled name or misspelled place of birth or the like, which
is visible to the eyes or obvious to the understanding, and can be
corrected or changed only by reference to other existing record or
records: Provided, however, That no correction must involve the
change of nationality, age, status or sex of the petitioner.
(4) "Civil Register" refers to the various registry books and related
certificates and documents kept in the archives of the local civil
registry offices, Philippine Consulates and of the Office of the Civil
Registrar General.
(5) "Civil registrar general" refers to the Administrator of the National
Statistics Office which is the agency mandated to carry out and
administer the provision of laws on civil registration.
(6) "First name" refers to a name or nickname given to a person which
may consist of one or more names in addition to the middle and last
names.
Section 3. Who May File the Petition and Where. Any person having
direct and personal interest in the correction of a clerical or
typographical error in an entry and/or change of first name or
nickname in the civil register may file, in person, a verified petition
with the local civil registry office of the city or municipality where the
record being sought to be corrected or changed is kept.
In case the petitioner has already migrated to another place in the
country and it would not be practical for such party, in terms of
transportation expenses, time and effort to appear in person before the
local civil registrar keeping the documents to be corrected or changed,
the petition may be filed, in person, with the local civil registrar of the
place where the interested party is presently residing or domiciled. The

two (2) local civil registrars concerned will then communicate to


facilitate the processing of the petition.
Citizens of the Philippines who are presently residing or domiciled in
foreign countries may file their petition, in person, with the nearest
Philippine Consulates.
The petitions filed with the city or municipal civil registrar or the consul
general shall be processed in accordance with this Act and its
implementing rules and regulations.
All petitions for the clerical or typographical errors and/or change of
first names or nicknames may be availed of only once.
Section 4. Grounds for Change of First Name or Nickname. The
petition for change of first name or nickname may be allowed in any of
the following cases:
(1) The petitioner finds the first name or nickname to be ridiculous,
tainted with dishonor or extremely difficult to write or pronounce.
(2) The new first name or nickname has been habitually and
continuously used by the petitioner and he has been publicly known by
that by that first name or nickname in the community: or
(3) The change will avoid confusion.
Section 5. Form and Contents of the Petition. The petition shall be in
the form of an affidavit, subscribed and sworn to before any person
authorized by the law to administer oaths. The affidavit shall set forth
facts necessary to establish the merits of the petition and shall show
affirmatively that the petitioner is competent to testify to the matters
stated. The petitioner shall state the particular erroneous entry or
entries, which are sought to be corrected and/or the change sought to
be made.
The petition shall be supported with the following documents:
(1) A certified true machine copy of the certificate or of the page of the
registry book containing the entry or entries sought to be corrected or
changed.
(2) At least two (2) public or private documents showing the correct
entry or entries upon which the correction or change shall be based;
and

(3) Other documents which the petitioner or the city or municipal civil
registrar or the consul general may consider relevant and necessary
for the approval of the petition.
In case of change of first name or nickname, the petition shall likewise
be supported with the documents mentioned in the immediately
preceding paragraph. In addition, the petition shall be published at
least once a week for two (2) consecutive weeks in a newspaper of
general circulation. Furthermore, the petitioner shall submit a
certification from the appropriate law enforcement agencies that he
has no pending case or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies
to be distributed as follows: first copy to the concerned city or
municipal civil registrar, or the consul general; second copy to the
Office of the Civil Registrar General; and third copy to the petitioner.
Section 6. Duties of the City or Municipal Civil Registrar or the Consul
General. The city or municipal civil registrar or the consul general to
whom the petition is presented shall examine the petition and its
supporting documents. He shall post the petition in a conspicuous
place provided for that purpose for ten (10) consecutive days after he
finds the petition and its supporting documents sufficient in form and
substance.
The city or municipal civil registrar or the consul general shall act on
the petition and shall render a decision not later than five (5) working
days after the completion of the posting and/or publication
requirement. He shall transmit a copy of his decision together with the
records of the proceedings to the Office of the Civil Registrar General
within five (5) working days from the date of the decision.
Section 7. Duties and Powers of the Civil Registrar General. The civil
registrar general shall, within ten (10) working days from receipt of the
decision granting a petition, exercise the power to impugn such
decision by way of an objection based on the following grounds:
(1) The error is not clerical or typographical;
(2) The correction of an entry or entries in the civil register is
substantial or controversial as it affects the civil status of a person; or
(3) The basis used in changing the first name or nickname of a person
does not fall under Section 4.

The civil registrar general shall immediately notify the city or municipal
civil registrar or the consul general of the action taken on the decision.
Upon receipt of the notice thereof, the city or municipal civil registrar
or the consul general shall notify the petitioner of such action.
The petitioner may seek reconsideration with the civil registrar general
or file the appropriate petition with the proper court.
If the civil registrar general fails to exercise his power to impugn the
decision of the city or municipal civil registrar or of the consul general
within the period prescribed herein, such decision shall become final
and executory.
Where the petition is denied by the city or municipal civil registrar or
the consul general, the petitioner may either appeal the decision to the
civil registrar general or file the appropriate petition with the proper
court
Essential Requisites (Consent Freely Given)
Art 4 Family Code
The absence of any of the essential or formal requisites shall render
the marriage void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall not affect the validity of
the marriage but the party or parties responsible for the irregularity
shall be civilly, criminally and administratively liable.
Art 45 (3) Family code
A marriage may be annulled for any of the following causes, existing at
the time of the marriage
That the consent of either party was obtained by fraud, unless such
party afterwards, with full knowledge of the facts constituting the
fraud, freely cohabited with the other as husband and wife;
Breach of Promise to Marry
Art 19 Civil Code
Every person must, in the exercise of his rights and in the performance
of his duties, act with justice, give everyone his due, and observe
honesty and good faith.
Art 20 Civil Code

Every person who, contrary to law, wilfully or negligently causes


damage to another, shall indemnify the latter for the same.
Art 21 Civil Code
Any person who wilfully causes loss or injury to another in a manner
that is contrary to morals, good customs or public policy shall
compensate the latter for the damage.
Art 2176 Civil Code
Whoever by act or omission causes damage to another, there being
fault or negligence, is obliged to pay for the damage done. Such fault
or negligence, if there is no pre-existing contractual relation between
the parties, is called a quasi-delict and is governed by the provisions of
this Chapter