Title IX. - SUPPORT

Art. 290. Support is everything that is indispensable for sustenance, dwelling, clothing and medical attendance, according to the social position of the family.

Support also includes the education of the person entitled to be supported until he completes his education or training for some profession, trade or vocation, even beyond the age of majority. (124a)

Art. 291. The following are obliged to support each other to the whole extent set forth in the preceding article:

(1) The spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and acknowledged natural children and the legitimate or illegitimate descendants of the latter;

(4) Parents and natural children by legal fiction and the legitimate and illegitimate descendants of the latter;

(5) Parents and illegitimate children who are not natural.

Brothers and sisters owe their legitimate and natural brothers and sisters, although they are only of the half-blood, the necessaries for life, when by a physical or mental defect, or any other cause not imputable to the recipients, the latter cannot secure their subsistence. This assistance includes, in a proper case, expenses necessary for elementary education and for professional or vocational training. (143a)

Art. 292. During the proceedings for legal separation, or for annulment of marriage, the spouses and children, shall be supported from the conjugal partnership property. After the final judgment of legal separation, or of annulment of marriage, the obligation of mutual support between the spouses ceases. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, the judgment specifying the terms of such order. (n)

Art. 293. In an action for legal separation or annulment of marriage, attorney's fees and expenses for litigation shall be charged to the conjugal partnership property, unless the action fails. (n)

Art. 294. The claim for support, when proper and two or more persons are obliged to give it, shall be made in the following order:

(1) From the spouse;

(2) From the descendants of the nearest degree;

(3) From the ascendants, also of the nearest degree;

(4) From the brothers and sisters.

Among descendants and ascendants the order in which they are called to the intestate succession of the person who has a right to claim support shall be observed. (144)

Art. 295. When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each.

However, in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without prejudice to his right to claim from the other obligors the share due from them.

When two or more recipients at the same time claim support from one and the same person legally obliged to give it, and the latter should not have sufficient means to satisfy all, the order established in the preceding article shall be followed, unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the latter shall be preferred. (145)

Art. 296. The amount of support, in the cases referred to in the five numbers of article 291, shall be in proportion to the resources or means of the giver and to the necessities of the recipient. (146a)

Art. 297. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the needs of the recipient and the resources of the person obliged to furnish the same. (147)

Art. 298. The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date it is extrajudicially demanded.

Payment shall be made monthly in advance, and when the recipient dies, his heirs shall not be obliged to return what he has received in advance. (148a)

Art. 299. The person obliged to give support may, at his option, fulfill his obligation either by paying the allowance fixed, or by receiving and maintaining in his house the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. (149a)

Art. 300. The obligation to furnish support ceases upon the death of the obligor, even if he may be bound to give it in compliance with a final judgment. (150)

Art. 301. The right to receive support cannot be renounced; nor can it be transmitted to a third person. Neither can it be compensated with what the recipient owes the obligor.

However, support in arrears may be compensated and renounced, and the right to demand the same may be transmitted by onerous or gratuitous title. (151)

Art. 302. Neither the right to receive legal support nor any money or property obtained as such support or any pension or gratuity from the government is subject to attachment or execution. (n)

Art. 303. The obligation to give support shall also cease:

(1) Upon the death of the recipient;

(2) When the resources of the obligor have been reduced to the point where he cannot give the support without neglecting his own needs and those of his family;

(3) When the recipient may engage in a trade, profession, or industry, or has obtained work, or has improved his fortune in such a way that he no longer needs the allowance for his subsistence;

(4) When the recipient, be he a forced heir or not, has committed some act which gives rise to disinheritance;

(5) When the recipient is a descendant, brother or sister of the obligor and the need for support is caused by his or her bad conduct or by the lack of application to work, so long as this cause subsists. (152a)

Art. 304. The foregoing provisions shall be applicable to other cases where, in virtue of this Code or of any other law, by will, or by stipulation there is a right to receive support, save what is stipulated, ordered by the testator or provided by law for the special case. (153a)

Title X. - FUNERALS (n)

Art. 305. The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support, under Article 294. In case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred. In case of ascendants, the paternal shall have a better right.

Art. 306. Every funeral shall be in keeping with the social position of the deceased.

Art. 307. The funeral shall be in accordance with the expressed wishes of the deceased. In the absence of such expression, his religious beliefs or affiliation shall determine the funeral rites. In case of doubt, the form of the funeral shall be decided upon by the person obliged to make arrangements for the same, after consulting the other members of the family.

Art. 308. No human remains shall be retained, interred, disposed of or exhumed without the consent of the persons mentioned in articles 294 and 305.

Art. 309. Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages, material and moral.

Art. 310. The construction of a tombstone or mausoleum shall be deemed a part of the funeral expenses, and shall be chargeable to the conjugal partnership property, if the deceased is one of the spouses.

Title XI. - PARENTAL AUTHORITY

CHAPTER 1 > GENERAL PROVISIONS

CHAPTER 2 > EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN

CHAPTER 3 > EFFECT OF PARENTAL AUTHORITY ON THE PROPERTY OF THE CHILDREN

CHAPTER 4 > EXTINGUISHMENT OF PARENTAL AUTHORITY

CHAPTER 5 > ADOPTION

CHAPTER 6 > SUBSTITUTE PARENTAL AUTHORITY (n)

- - - - - - - - - - - - - - - - - - - - - - - - - - -


CHAPTER 1 > GENERAL PROVISIONS

Art. 311. The father and mother jointly exercise parental authority over their legitimate children who are not emancipated. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

Children are obliged to obey their parents so long as they are under parental power, and to observe respect and reverence toward them always.

Recognized natural and adopted children who are under the age of majority are under the parental authority of the father or mother recognizing or adopting them, and are under the same obligation stated in the preceding paragraph.

Natural children by legal fiction are under the joint authority of the father and mother, as provided in the first paragraph of this article. (154a)

Art. 312. Grandparents shall be consulted by all members of the family on all important family questions. (n)

Art. 313. Parental authority cannot be renounced or transferred, except in cases of guardianship or adoption approved by the courts, or emancipation by concession.

The courts may, in cases specified by law, deprive parents of their authority. (n)

Art. 314. A foundling shall be under the parental authority of the person or institution that has reared the same. (n)

Art. 315. No descendant can be compelled, in a criminal case, to testify against his parents and ascendants. (n)

Title XI. - PARENTAL AUTHORITY

CHAPTER 2 > EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN

Art. 316. The father and the mother have, with respect to their unemancipated children:

(1) The duty to support them, to have them in their company, educate and instruct them in keeping with their means and to represent them in all actions which may redound to their benefit;

(2) The power to correct them and to punish them moderately. (155)

Art. 317. The courts may appoint a guardian of the child' s property, or a guardian ad litem when the best interest of the child so requires. (n)

Art. 318. Upon cause being shown by the parents, the local mayor may aid them in the exercise of their authority over the child. If the child is to be kept in a children's home or similar institution for not more than one month, an order of the justice of the peace or municipal judge shall be necessary, after due hearing, where the child shall be heard. For his purpose, the court may appoint a guardian ad litem. (156a)

Art. 319. The father and the mother shall satisfy the support for the detained child; but they shall not have any intervention in the regime of the institution where the child is detained. They may lift the detention when they deem it opportune, with the approval of the court. (158a)

Title XI. - PARENTAL AUTHORITY

CHAPTER 3 > EFFECT OF PARENTAL AUTHORITY ON THE PROPERTY OF THE CHILDREN

Art. 320. The father, or in his absence the mother, is the legal administrator of the property pertaining to the child under parental authority. If the property is worth more than two thousand pesos, the father or mother shall give a bond subject to the approval of the Court of First Instance. (159a)

Art. 321. The property which the unemancipated child has acquired or may acquire with his work or industry, or by any lucrative title, belongs to the child in ownership, and in usufruct to the father or mother under whom he is under parental authority and in whose company he lives; but if the child, with the parent's consent, should live independently from them, he shall be considered as emancipated for all purposes relative to said property, and he shall have over it dominion, usufruct and administration. (160)

Art. 322. A child who earns money or acquires property with his own work or industry shall be entitled to a reasonable allowance from the earnings, in addition to the expenses made by the parents for his support and education. (n)

Art. 323. The fruits and interest of the child's property referred to in article 321 shall be applied first to the expenses for the support and education of the child. After they have been fully met, the debts of the conjugal partnership which have redounded to the benefit of the family may be paid from said fruits and interest. (n)

Art. 324. Whatever the child may acquire with the capital or property of the parents belongs to the latter in ownership and in usufruct. But if the parents should expressly grant him all or part of the profits that he may obtain, such profits shall not be charged against his legitime. (161)

Art. 325. The property or income donated, bequeathed or devised to the unemancipated child for the expenses of his education and instruction shall pertain to him in ownership and usufruct; but the father or mother shall administer the same, if in the donation or testamentary provision the contrary has not been stated. (162)

Art. 326. When the property of the child is worth more than two thousand pesos, the father or mother shall be considered a guardian of the child's property, subject to the duties and obligations of guardians under the Rules of Court. (n)

Title XI. - PARENTAL AUTHORITY

CHAPTER 4 > EXTINGUISHMENT OF PARENTAL AUTHORITY

Art. 327. Parental authority terminates:

(1) Upon the death of the parents or of the child;

(2) Upon emancipation;

(3) Upon adoption of the child;

(4) Upon the appointment of a general guardian. (167a)

Art. 328. The mother who contracts a subsequent marriage loses the parental authority over her children, unless the deceased husband, father of the latter, has expressly provided in his will that his widow might marry again, and has ordered that in such case she should keep and exercise parental authority over their children.

The court may also appoint a guardian of the child's property in case the father should contract a subsequent marriage. (168a)

Art. 329. When the mother of an illegitimate child marries a man other than its father, the court may appoint a guardian for the child. (n)

Art. 330. The father and in a proper case the mother, shall lose authority over their children:

(1) When by final judgment in a criminal case the penalty of deprivation of said authority is imposed upon him or her;

(2) When by a final judgment in legal separation proceedings such loss of authority is declared. (169a)

Art. 331. Parental authority is suspended by the incapacity or absence of the father, or in a proper case of the mother, judicially declared, and also by civil interdiction. (170)

Art. 332. The courts may deprive the parents of their authority or suspend the exercise of the same if they should treat their children with excessive harshness or should give them corrupting orders, counsels, or examples, or should make them beg or abandon them. In these cases, the courts may also deprive the parents in whole or in part, of the usufruct over the child's property, or adopt such measures as they may deem advisable in the interest of the child. (171a)

Art. 333. If the widowed mother who has contracted a subsequent marriage should again become a widow, she shall recover from this moment her parental authority over all her unemancipated children. (172)

Title XI. - PARENTAL AUTHORITY

CHAPTER 5 > ADOPTION

Art. 334. Every person of age, who is in full possession of his civil rights, may adopt. (173a)

Art. 335. The following cannot adopt:

(1) Those who have legitimate, legitimated, acknowledged natural children, or natural children by legal fiction;

(2) The guardian, with respect to the ward, before the final approval of his accounts;

(3) A married person, without the consent of the other spouse;

(4) Non-resident aliens;

(5) Resident aliens with whose government the Republic of the Philippines has broken diplomatic relations;

(6) Any person who has been convicted of a crime involving moral turpitude, when the penalty imposed was six months' imprisonment or more. (174a)

Art. 336. The husband and wife may jointly adopt. Parental authority shall, in such case, be exercised as if the child were their own by nature. (n)

Art. 337. Any person, even if of age, may be adopted, provided the adopter is sixteen years older. (173a)

Art. 338. The following may be adopted:

(1) The natural child, by the natural father or mother;

(2) Other illegitimate children, by the father or mother;

(3) A step-child, by the step-father or step-mother. (n)

Art. 339. The following cannot be adopted:

(1) A married person, without the written consent of the other spouse;

(2) An alien with whose government the Republic of the Philippines has broken diplomatic relations;

(3) A person who has already been adopted. (n)

Art. 340. The written consent of the following to the adoption shall be necessary:

(1) The person to be adopted, if fourteen years of age or over;

(2) The parents, guardian or person in charge of the person to be adopted. (n)

Art. 341. The adoption shall:

(1) Give to the adopted person the same rights and duties as if he were a legitimate child of the adopter:

(2) Dissolve the authority vested in the parents by nature;

(3) Make the adopted person a legal heir of the adopter;

(4) Entitle the adopted person to use the adopter's surname. (n)

Art. 342. The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him. (177a)

Art. 343. If the adopter is survived by legitimate parents or ascendants and by an adopted person, the latter shall not have more successional rights than an acknowledged natural child. (n)

Art. 344. The adopter may donate property, by an act inter vivos or by will, to the adopted person, who shall acquire ownership thereof. (n)

Art. 345. The proceedings for adoption shall be governed by the Rules of Court insofar as they are not in conflict with this Code. (n)

Art. 346. The adoption shall be recorded in the local civil register. (179a)

Art. 347. A minor or other incapacitated person may, through a guardian ad litem, ask for the rescission of the adoption on the same grounds that cause the loss of parental authority. (n)

Art. 348. The adopter may petition the court for revocation of the adoption in any of these cases:

(1) If the adopted person has attempted against the life of the adopter;

(2) When the adopted minor has abandoned the home of the adopter for more than three years;

(3) When by other acts the adopted person has definitely repudiated the adoption. (n)

Title XI. - PARENTAL AUTHORITY

CHAPTER 6 > SUBSTITUTE PARENTAL AUTHORITY (n)

Art. 349. The following persons shall exercise substitute parental authority:

(1) Guardians;

(2) Teachers and professors;

(3) Heads of children's homes, orphanages, and similar institutions;

(4) Directors of trade establishments, with regard to apprentices;

(5) Grandparents;

(6) The oldest brother or sister.

Art. 350. The persons named in the preceding article shall exercise reasonable supervision over the conduct of the child.

Art. 351. A general guardian or a guardian over the person shall have the same authority over the ward's person as the parents. With regard to the child's property, the Rules of Court on guardianship shall govern.

Art. 352. The relations between teacher and pupil, professor and student, are fixed by government regulations and those of each school or institution. In no case shall corporal punishment be countenanced. The teacher or professor shall cultivate the best potentialities of the heart and mind of the pupil or student.

Art. 353. Apprentices shall be treated humanely. No corporal punishment against the apprentice shall be permitted.

Art. 354. Grandparents and in their default the oldest brother or sister shall exercise parental authority in case of death or absence of the child's parents. If the parents are living, or if the child is under guardianship, the grandparents may give advice and counsel to the child, to the parents or to the guardian.

Art. 355. Substitute parental authority shall be exercised by the grandparents in the following order:

(1) Paternal grandparents;

(2) Maternal grandparents.

Title XII. - CARE AND EDUCATION OF CHILDREN

Art. 356. Every child:

(1) Is entitled to parental care;

(2) Shall receive at least elementary education;

(3) Shall be given moral and civic training by the parents or guardian;

(4) Has a right to live in an atmosphere conducive to his physical, moral and intellectual development.

Art. 357. Every child shall:

(1) Obey and honor his parents or guardian;

(2) Respect his grandparents, old relatives, and persons holding substitute parental authority;

(3) Exert his utmost for his education and training;

(4) Cooperate with the family in all matters that make for the good of the same.

Art. 358. Every parent and every person holding substitute parental authority shall see to it that the rights of the child are respected and his duties complied with, and shall particularly, by precept and example, imbue the child with highmindedness, love of country, veneration for the national heroes, fidelity to democracy as a way of life, and attachment to the ideal of permanent world peace.

Art. 359. The government promotes the full growth of the faculties of every child. For this purpose, the government will establish, whenever possible:

(1) Schools in every barrio, municipality and city where optional religious instruction shall be taught as part of the curriculum at the option of the parent or guardian;

(2) Puericulture and similar centers;

(3) Councils for the Protection of Children; and

(4) Juvenile courts.

Art. 360. The Council for the Protection of Children shall look after the welfare of children in the municipality. It shall, among other functions:

(1) Foster the education of every child in the municipality;

(2) Encourage the cultivation of the duties of parents;

(3) Protect and assist abandoned or mistreated children, and orphans;

(4) Take steps to prevent juvenile delinquency;

(5) Adopt measures for the health of children;

(6) Promote the opening and maintenance of playgrounds;

(7) Coordinate the activities of organizations devoted to the welfare of children, and secure their cooperation.

Art. 361. Juvenile courts will be established, as far as practicable, in every chartered city or large municipality.

Art. 362. Whenever a child is found delinquent by any court, the father, mother, or guardian may in a proper case be judicially admonished.

Art. 363. In all questions on the care, custody, education and property of children the latter's welfare shall be paramount. No mother shall be separated from her child under seven years of age, unless the court finds compelling reasons for such measure.

Title XIII. - USE OF SURNAMES (n)

Art. 364. Legitimate and legitimated children shall principally use the surname of the father.

Art. 365. An adopted child shall bear the surname of the adopter.

Art. 366. A natural child acknowledged by both parents shall principally use the surname of the father. If recognized by only one of the parents, a natural child shall employ the surname of the recognizing parent.

Art. 367. Natural children by legal fiction shall principally employ the surname of the father.

Art. 368. Illegitimate children referred to in Article 287 shall bear the surname of the mother.

Art. 369. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father.

Art. 370. A married woman may use:

(1) Her maiden first name and surname and add her husband's surname, or

(2) Her maiden first name and her husband's surname or

(3) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs."

Art. 371. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband's surname, unless:

(1) The court decrees otherwise, or

(2) She or the former husband is married again to another person.

Art. 372. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation.

Art. 373. A widow may use the deceased husband's surname as though he were still living, in accordance with Article 370.

Art. 374. In case of identity of names and surnames, the younger person shall be obliged to use such additional name or surname as will avoid confusion.

Art. 375. In case of identity of names and surnames between ascendants and descendants, the word "Junior" can be used only by a son. Grandsons and other direct male descendants shall either:

(1) Add a middle name or the mother's surname, or

(2) Add the Roman Numerals II, III, and so on.

Art. 376. No person can change his name or surname without judicial authority.

Art. 377. Usurpation of a name and surname may be the subject of an action for damages and other relief.

Art. 378. The unauthorized or unlawful use of another person's surname gives a right of action to the latter.

Art. 379. The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. Pen names and stage names cannot be usurped.

Art. 380. Except as provided in the preceding article, no person shall use different names and surnames.

Title XIV. - ABSENCE

CHAPTER 1 > PROVISIONAL MEASURES IN CASE OF ABSENCE

CHAPTER 2 > DECLARATION OF ABSENCE

CHAPTER 3 > ADMINISTRATION OF THE PROPERTY OF THE ABSENTEE

CHAPTER 4 > PRESUMPTION OF DEATH

CHAPTER 5 > EFFECT OF ABSENCE UPON THE CONTINGENT RIGHTS OF THE ABSENTEE

Title XIV. - ABSENCE

CHAPTER 1 > PROVISIONAL MEASURES IN CASE OF ABSENCE

Art. 381. When a person disappears from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property, the judge, at the instance of an interested party, a relative, or a friend, may appoint a person to represent him in all that may be necessary.

This same rule shall be observed when under similar circumstances the power conferred by the absentee has expired. (181a)

Art. 382. The appointment referred to in the preceding article having been made, the judge shall take the necessary measures to safeguard the rights and interests of the absentee and shall specify the powers, obligations and remuneration of his representative, regulating them, according to the circumstances, by the rules concerning guardians. (182)

Art. 383. In the appointment of a representative, the spouse present shall be preferred when there is no legal separation.

If the absentee left no spouse, or if the spouse present is a minor, any competent person may be appointed by the court. (183a)

Title XIV. – ABSENCE

CHAPTER 2 > DECLARATION OF ABSENCE

Art. 384. Two years having elapsed without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in charge of the administration of his property, his absence may be declared. (184)

Art. 385. The following may ask for the declaration of absence:

(1) The spouse present;

(2) The heirs instituted in a will, who may present an authentic copy of the same;

(3) The relatives who may succeed by the law of intestacy;

(4) Those who may have over the property of the absentee some right subordinated to the condition of his death. (185)

Art. 386. The judicial declaration of absence shall not take effect until six months after its publication in a newspaper of general circulation. (186a)

Title XIV. – ABSENCE

CHAPTER 3 > ADMINISTRATION OF THE PROPERTY OF THE ABSENTEE

Art. 387. An administrator of the absentee's property shall be appointed in accordance with Article 383. (187a)

Art. 388. The wife who is appointed as an administratrix of the husband's property cannot alienate or encumber the husband's property, or that of the conjugal partnership, without judicial authority. (188a)

Art. 389. The administration shall cease in any of the following cases:

(1) When the absentee appears personally or by means of an agent;

(2) When the death of the absentee is proved and his testate or intestate heirs appear;

(3) When a third person appears, showing by a proper document that he has acquired the absentee's property by purchase or other title.

In these cases the administrator shall cease in the performance of his office, and the property shall be at the disposal of those who may have a right thereto. (190)

Title XIV. – ABSENCE

CHAPTER 4 > PRESUMPTION OF DEATH

Art. 390. 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. (n)

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. (n)

Art. 392. If the absentee appears, or without appearing his existence is proved, he shall recover his property in the condition in which it may be found, and the price of any property that may have been alienated or the property acquired therewith; but he cannot claim either fruits or rents. (194)

Title XIV. – ABSENCE

CHAPTER 5 > EFFECT OF ABSENCE UPON THE CONTINGENT RIGHTS OF THE ABSENTEE

Art. 393. Whoever claims a right pertaining to a person whose existence is not recognized must prove that he was living at the time his existence was necessary in order to acquire said right. (195)

Art. 394. Without prejudice to the provision of the preceding article, upon the opening of a succession to which an absentee is called, his share shall accrue to his co-heirs, unless he has heirs, assigns, or a representative. They shall all, as the case may be, make an inventory of the property. (196a)

Art. 395. The provisions of the preceding article are understood to be without prejudice to the action of petition for inheritance or other rights which are vested in the absentee, his representatives or successors in interest. These rights shall not be extinguished save by lapse of time fixed for prescription. In the record that is made in the Registry of the real estate which accrues to the coheirs, the circumstance of its being subject to the provisions of this article shall be stated. (197)

Art. 396. Those who may have entered upon the inheritance shall appropriate the fruits received in good faith so long as the absentee does not appear, or while his representatives or successors in interest do not bring the proper actions. (198)

Title XV. - EMANCIPATION AND AGE OF MAJORITY

CHAPTER 1 : EMANCIPATION

CHAPTER 2 : AGE OF MAJORITY

Title XV. - EMANCIPATION AND AGE OF MAJORITY

CHAPTER 1 : EMANCIPATION

Art. 397. Emancipation takes place:

(1) By the marriage of the minor;

(2) By the attainment of majority;

(3) By the concession of the father or of the mother who exercise parental authority. (314)

Art. 398. Emancipation treated of in No. 3 of the preceding article shall be effected in a public instrument which shall be recorded in the Civil Register, and unless so recorded, it shall take no effect against third persons. (316a)

Art. 399. Emancipation by marriage or by voluntary concession shall terminate parental authority over the child's person. It shall enable the minor to administer his property as though he were of age, but he cannot borrow money or alienate or encumber real property without the consent of his father or mother, or guardian. He can sue and be sued in court only with the assistance of his father, mother or guardian. (317a)

Art. 400. In order that emancipation by concession of the father or of the mother may take place, it is required that the minor be eighteen years of age, and that he give his consent thereto. (318)

Art. 401. Emancipation is final or irrevocable. (319a)

Title XV. - EMANCIPATION AND AGE OF MAJORITY

CHAPTER 2 : AGE OF MAJORITY

Art. 402. Majority commences upon the attainment of the age of twenty-one years.

The person who has reached majority is qualified for all acts of civil life, save the exceptions established by this Code in special cases. (320a)

Art. 403. Notwithstanding the provisions of the preceding article, a daughter above twenty-one but below twenty-three years of age cannot leave the parental home without the consent of the father or mother in whose company she lives, except to become a wife, or when she exercises a profession or calling, or when the father or mother has contracted a subsequent marriage. (321a)

Art. 404. An orphan who is minor may, at the instance of any relative or other person, obtain emancipation by concession upon an order of the Court of First Instance. (322a)

Art. 405. For the concession and approval referred to in the preceding article it is necessary:

(1) That the minor be eighteen years of age;

(2) That he consent thereto; and

(3) That the concession be deemed convenient for the minor.

The concession shall be recorded in the Civil Register. (323a)

Art. 406. The provisions of Article 399 are applicable to an orphan who has been emancipated according to Article 404. The court will give the necessary approval with respect to the contracts mentioned in Article 399. In litigations, a guardian ad litem for the minor shall be appointed by the court. (324a)

Title XVI. - CIVIL REGISTER

Art. 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. (325a)

Art. 408. The following shall be entered in the civil register:

(1) Births;
(2) marriages;
(3) deaths;
(4) legal separations;
(5) annulments of marriage;
(6) judgments declaring marriages void from the beginning;
(7) legitimations;
(8) adoptions;
(9) acknowledgments of natural children;
(10) naturalization;
(11) loss, or (12) recovery of citizenship;
(13) civil interdiction;
(14) judicial determination of filiation;
(15) voluntary emancipation of a minor; and
(16) changes of name. (326a)

Art. 409. In cases of legal separation, adoption, naturalization and other judicial orders mentioned in the preceding article, it shall be the duty of the clerk of the court which issued the decree to ascertain whether the same has been registered, and if this has not been done, to send a copy of said decree to the civil registry of the city or municipality where the court is functioning. (n)

Art. 410. The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. (n)

Art. 411. Every civil registrar shall be civilly responsible for any unauthorized alteration made in any civil register, to any person suffering damage thereby. However, the civil registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration. (n)

Art. 412. No entry in a civil register shall be changed or corrected, without a judicial order. (n)

Art. 413. All other matters pertaining to the registration of civil status shall be governed by special laws. (n)
Civil Code of the Philippines - Book One