1987 Constitution
Article XV The Family
Section 1.
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.
Marriage, as an inviolable social institution, is the foundation
of the family and shall be protected by the State.
Sec. 3. 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.
The family has the duty to care for its elderly members but
the State may also do so through just programs of social security.
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Heirs and inheritance (Part 2):
Legitimes, free portions, and intestate shares
Heirs and inheritance (Part 3): Rights
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Heirs and inheritance (Part 4): Who
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Heirs and inheritance (Part 5): The
right of legitimate children to inherit
Heirs and inheritance (Part 6): Settle
the estate of your deceased spouse before marrying again
Heirs and inheritance (Part 7): Is
property acquired before marriage the exclusive property of
each spouse or does it belong to both spouses?
Heirs and inheritance (Part 8): Do
inherited properties belong exclusively to the spouse who
inherited them or to both spouses?
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Disinheriting
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with RA 9255 and its implementing guidelines
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A
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Family
Code of the Philippines: Primer on the property relations
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Primer
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of property
Primer
on the Family Code of the Philippines: Donations by reason
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Code of the Philippines: Primer on legitimation
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Code of the Philippines: Primer on illegitimate children
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Code of the Philippines: Primer on paternity, filiation and
legitimate children
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Code of the Philippines: Primer on legal separation
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Code of the Philippines: Primer on void and voidable marriages
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Code of the Philippines: Primer on marriage
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People vs. Florendo
G.R. No. 136845
October 8, 2003
As to the marriage
of the victim and appellant, the trial court properly upheld
its legitimacy. In parricide, the best proof of relationship
between appellant and the deceased is the marriage certificate,
and in the absence thereof, oral evidence of the fact of marriage
may be considered. The testimony of appellant that he was
married to the deceased is an admission against his penal
interest. It is a confirmation of the pre-sumption that “a
man and a woman deporting themselves as husband and wife have
entered into a lawful contract of marriage.” Even
if the marriage certificate was not presented, that the victim
was the legitimate wife of appellant is evident from the testimonies
of the prosecution witnesses. In open court, appellant himself
volunteered the information in his offer of evidence through
counsel and on direct examination that the victim was his
legitimate wife.
Ilusorio vs. Ilusorio-Bildner
G.R.
No. 139789 July 19, 2001 and G.R.
No. 139808 July 19, 2001
First. Erlinda K. Ilusorio claimed that
she was not compelling Potenciano
to live with her in consortium and that Potenciano' s mental state was not an issue. However, the very root
cause of the entire petition is her desire to have her husband's
custody. Clearly, Erlinda cannot now deny that she wanted Potenciano
Ilusorio to live with her.
The law provides
that the husband and the wife are obliged to live together,
observe mutual love, respect and fidelity. The sanction therefor
is the “spontaneous, mutual affection between husband
and wife and not any legal mandate or court order” to
enforce consortium.
Obviously, there
was absence of empathy between spouses Erlinda
and Potenciano, having separated
from bed and board since 1972. We defined empathy as
a shared feeling between husband and wife experienced not
only by having spontaneous sexual intimacy but a deep sense
of spiritual communion. Marital union is a two-way process.
Marriage is definitely
for two loving adults who view the relationship with “amor gignit amorem” respect, sacrifice and a continuing commitment to
togetherness, conscious of its value as a sublime social institution.
How
to become a Christian
Who
is God? What is man? Who is Christ? Repent and believe
