The Family Code (cf Civil Code of the Philippines) Flashcards
What is the definition of marriage according to Tolentino?
“that act by which a man and a woman unit for life, with the intent to discharge towards society and one another those duties which result from the relation of husband and wife.
What are the purposes of marriage?
The purposes of marriage are (1) reproduction, (2) education of the offspring, and (3) mutual help.
The immediate purpose is the constitution of a complete and perfect community between two individuals of different sexes; the remote purpose is the preservation of the human race.
Article 1. FC. Marriage is a ___________ between a man and a woman entered into in accordance with law for the _______________. It is the __________ and an inviolable social institution whose ___, ________, and ________ are governed by law and not subject to stipulation, except that _________ may fix the property relations during the marriage within the limits provided by this Code. (52a)
Article 1. FC. 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. (52a)
Characteristics of marriage based on Article 1
Marriage is: special contract, permanent union, between man and woman, in accordance with law, to establish conjugal and family life, foundation of the family, inviolable social institution
Characteristics of marriage based on Tolentino
Marriage ha the following characteristics: (1) it is civil in character, (2) institution of public order, (3) institution of natural character.
Executive Order proclaiming the Family Code
Executive Order 209
When did the Family Code take effect?
August 3, 1988, one year after publication in a newspaper of general circulation.
Does the Family Code have retroactive effect?
Yes. The Family Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. (Art. 255, FC)
Article of the Constitution talking about The Family
Article XV - The Family 1987 Constitution
SECTION 1. ART XV CONST. The State recognizes the Filipino family as the ____________. Accordingly, it shall _______ and _________ its total development.
SECTION 1. ART XV CONST. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.
SECTION 2. ART XV CONST. Marriage, as an _____________, is the ___________ and shall be _______ by the State.
SECTION 2. ART XV CONST. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.
SECTION 3. ART XV CONST. The State shall defend:
(1) The right of spouses to __________ in accordance with their ________ and the demands of _________;
(2) The right of children to ______, including _______ and ________, and ________ from all forms of __, __, __, ___, and other conditions prejudicial to their ______;
(3) The right of the family to a family _______ and _____; and
(4) The right of families or family associations to ________ in the planning and implementation of _____and _______that _____them.
SECTION 3. ART XV CONST. 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.
SECTION 4. ART XV CONST. The family has the duty to care for its ______ members but the State may also do so through ______ _____of _________ .
SECTION 4. ART XV CONST. The family has the duty to care for its elderly members but the State may also do so through just programs of social security.
SECTION 12. ART II CONST. The State recognizes the _________ and shall protect and strengthen the family as a ___________. It shall equally protect the life of the _____ and the life of the _____ from _______. 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.
SECTION 12. ART II CONST. 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.
SECTION 14. ART II CONST. The State recognizes the ___________, and shall ensure the fundamental equality before the law of women and men.
SECTION 14. ART II CONST. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.
