Introduction

Question 1

Related Constitutuonal Provisions for Persons, Family and Relations (6)

Answer 1

1. Sec. 12 Art. 2

The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.

2. Sec. 14 Art. 2

The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.

3. Sec. 1 Art. 3

No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

4-6. Sec. 1 - 3 Art. 15

The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

The State shall defend:

The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;

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;

The right of the family to a family living wage and income; and

The right of families or family associations to participate in the planning and implementation of policies and programs that affect them.

Question 2

Under Sec. 3 Art. 15 of the 1987 Constitution, what rights does the State defend? (4)

Answer 2

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

Question 3

Title of R.A. 386

Answer 3

Civil Code of the Philippines

Question 4

How are days counted under Art. 13 of the Civil Code?

Answer 4

Years = 365 days
Months = 30 days, unless the month is designated by their name , it shall be computed by the number of days they respectively have
Days = 24 hours
Nights = Sunset to sunrise

Question 5

How are days counted under the Revised Aministrative Code of 1987?

Answer 5

Years = 12 calendar months
Months = 30 days, unless it refers to a specific calendar month in which case it shall be computed according to the number of days the specific month contains
Days = 24 Hours
Night = Sunsent to sunrise

Question 6

What do you mean by the Nationality Principle under Art. 15 of the Civl Code?

Answer 6

The principle provides that laws relaing to family rights and duties, or to the status, condition and legal capaicty of persons are binding upon citizens of the Philippines, even though living abroad.

Question 7

Real and personal property are subject the law of Philippines or the country where it is situtated?

Answer 7

Country where it is situtated, except in intestate and testamentary succession where it shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found

Question 8

Whose laws govern the forms and solemnities of contracts, wills, and other public instruments under Art. 17 of the Civil Code?

Answer 8

The country in which they are executed, except when these are executed before the diplomatic consular or consular officials of the Philippines in a foreign country

Question 9

Under Art. 6 of the Civil Code, rights may be waived unless the waiver is contrary to the following: (6)

Answer 9

1. Law
2. Public Order
3. Public Policy
4. Morals
5. Good Customs
6. Or it is prejudicial to a third person with a right recognized by law