EMANCIPATION AND AGE OF MAJORITY Family Code of the Philippines Title X: Emancipation and Age of Majority. Arts.

234-237, as amended by RA 6809 - Before, a person may be emancipated through marriage. Under the present Family Code, there is now only one way of emancipation, which is by attaining the age of majority. - RA 6809 set the age of majority from 21 to 18. - Emancipation has the effect of giving a person capacity to act on all acts of civil life. However, even though a person is supposedly emancipated at 18, Art.14 of the Family Code still puts a limitation on his/her capacity to act when it comes to contracting marriage. - It is important to take note that under the Civil Code, before the provision on marriage was repealed by the Family Code, a woman may enter into marriage at age 14 and a man at age 16. Art. 234: Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of eighteen years. Art.236: Emancipation for any cause shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life, save the exceptions established by existing laws in special cases. Contracting marriage shall require parental consent until the age of twenty-one. Nothing in this Code shall be construed to derogate from the duty or responsibility of parents and guardians for children and wards below 21 years of age mentioned in the second and third paragraphs of Article 2180 of the Civil Code. ABSENCE Civil Code, Book I Title XIV: Absence. Arts. 381-396 Absence is one of the modifications/restrictions on capacity to act. The primary concern of the laws on absence relates to property and capacity to remarry after a spouses absence for a period specified by law. For a person to be considered absent, he/she must have: 1.) disappeared from his domicile, 2.) his whereabouts unknown, 3.) without leaving an agent to administer his property. 3 stages: o Absence Ch.1. No period, just conditions. Court appoints a representative o Declaration of absence Ch.2. No news for a period 2 years, 5 if absentee left an administrator. Court declares him absent. o Presumptive death Ch.3. Absence of seven years, no news if dead or alive. For purposes of opening his succession, ten years. But if he disappeared after age 75, five years shall suffice After four years without any news, the following are presumed dead for all purposes, including the opening of succession: Person on board a vessel lost during a sea voyage or a missing plane Person in the armed forces who has taken part in war Person in danger of death under other circumstances For a declaration of presumptive death, it is not necessary that a person first be declared absent. Similarly, for a declaration of absence, it is not necessary that an interested party must have first filed a petition for the court to appoint a representative. The different stages of absence are invoked for different purposes, usually regarding a.) property, b.) remarriage, c.) succession. Notice, though, that there is no provision of law regarding (declaration of) death. What we have in the Civil Code is only about presumptive death and about funerals. It was resolved that, in cases where death can be ascertained, then there is no need for the judicial declaration of presumptive death. Presumptive death, and the waiting periods associated with it, need only be resorted to when death was not certain. Again, there is no such thing as a judicial proceeding for declaring a person dead, only presumptively dead.

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

Ch.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. 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. 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. 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. FUNERALS Civil Code, Book I Title X: Funerals. Arts.305-310 - Burying the dead is both a right and a duty, governed by the order established by law for support. - It was held that the provisions of the Civil Code, unless expressly providing to the contrary (as in Art.144), when referring to spouse contemplate a lawfully wedded spouse. Common law spouses have no legitimate right to make arrangements for the funeral of the deceased. (Eugenio Sr. vs. Velez) 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 1. 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. 294, Civil Code (Art.199 of the Family Code). 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.

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. CIVIL REGISTER Civil Code, Book I Title XVI: Civil Register. Art.407-413 - The Director of the NSO is the Civil Register General. - Although Art.412 states that no change or correction can be made in an entry in the civil register without a judicial order, this has been modified by RA 9048. Now, local civil registrars can correct clerical or typographical errors in the entries, except in corrections involving: o Nationality o Age o Status o Sex - A person who had sex reassignment surgery cannot change the sex appearing on his record of birth to reflect his present sex, for sex is determined upon birth. (Silverio vs. Republic) Art. 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. 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)