CODE OF THE PHILIPPINES

HE FAMILY Art. 1
Art. 51 CIVIL CODE OF THE PHILIPPINES

ips and regulations, or parts thereof, inconsistent herewith are

got the second-highest number of votes cannot be proclaimed repealed, (n) (Family Code)
hereby
winner, since he is not the choice of the electorate.
(The following Articles and Comments are therefore those
the Family Code.)
concerning
Art. 51. When the law creating or recognizing them, or
any other provision does not fix the domicile of juridical
persons, the same shall be understood to be the place where THE FAMILY CODE OF THE PHILIPPINES
their legal representation is established or where they (Executive Order 209, July 6, 1987, as amended
exercise their principal functions. (41a) by Executive Order 227, July 17, 1987)

COMMENT:
Title I
( 1) Rules for Determining the Domicile Persons
(a) Get the domicile provided for in the law creating or
MARRIAGE
recognizing them or in their articles of agreement.
Chapter 1
(b) If not provided for, get the place:
1) Where their legal representation is established; or
REQUISITES OF MARRIAGE I
K
2) Where they exercise their principal functions. Article 1. Marriage is a special contract of permanent tit

union between a man and a woman entered into in riV

1 / 1

accordance with law for the establishment of conjugal and

(2) Domicile of a De Facto Partnership
A defectively organized partnership which the law
recognizes as de facto insofar as third persons are concerned,
can possess a domicile for purposes of its de facto existence.
(MacDonald v. NCBNY, L-7991, May 21, 1956)
(3) Domicile of a Corporation with a Head Office and with
Branches
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.
(52a)
COMMENT:

__
Here the domicile is where the head office is located. (1) The Two Aspects of Marriage

(NOTE: The
entire Title III, Marriage, Book I, Civil Code, (a) It is a special contract. (Art. 1)
has been REPEALED by The Family Code. [See Art. 254,
Family Code])
(b) It is a status or a relation or an institution. (Goitia v.
Campos Rueda, 35 Phil. 252) As a status, the principle in
Art. 254. Titles III,IV, V, VI, VII, VIII, IX, XI, and XV of Book I contracts that the parties may, by mutual agreement, put
ofRANo. 386, otherwise known as the Civil Code of the Philippines, an end to it, cannot certainly apply, for the
as amended, and Arts. 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and 42
of PD 603, otherwise known as the Child and Youth
Welfare
as amended, and all laws, decrees, executive orders, proclamations,
Code, ___
__
nf t.hp marriap-fi as a rule are fixed by LAW. (Art.
instruments destroyi
marriage (such as agreemei

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