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15. Any contracting party between the age of twenty- 17. The local civil registrar shall
one and twentyfive shall be obliged to ask their parents or
a. Prepare a notice which shall contain the full names and
guardian for advice upon the intended marriage. If they do
residences of the applicants for a marriage license and
not obtain such advice, or if it be unfavorable, the
other data given in the applications.
marriage license shall not be issued till after three months
following the completion of the publication of the
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b. Notice shall be posted for 10 consecutive days on a established by their affidavit, or by their oath before the
bulletin board outside the office of the local civil registrar local civil registrar.
located in a conspicuous place within the building and
accessible to the general public. 20. The license shall be
c. This notice shall request all persons having knowledge of Valid in any part of the Philippines
any impediment to the marriage to advise the local civil For a period of 120 days from the date of issue
registrar thereof.
Shall be deemed automatically canceled at the
d. The marriage license shall be issued after the completion
expiration of the said period if the contracting parties
of the period of publication.
have not made use of it
The expiry date shall be stamped in bold characters on
18. In case of any impediment known to the local civil
the face of every license issued.
registrar or brought to his attention
He shall note down the particulars thereof and his findings
21. When either or both of the contracting parties are
thereon in the application for marriage license
citizens of a foreign country, it shall be necessary for them
But shall nonetheless issue said license after the before a marriage license can be obtained, to submit a
completion of the period of publication certificate of legal capacity to contract marriage, issued by
Unless ordered otherwise by a competent court at his own their respective diplomatic or consular officials.
instance or that of any interest party
No filing fee shall be charged for the petition nor a Stateless persons or refugees from other countries
corresponding bond required for the issuances of the order shall, in lieu of the certificate of legal capacity herein
Only court intervention directing the non-issuance of the required, submit an affidavit stating the circumstances
marriage license can empower the local civil registrar showing such capacity to contract marriage.
to validly refuse to issue said license A certificate of legal capacity is necessary because the
If, despite an injunction order from court, the local civil Philippines adheres to the national law of the
registrar nevertheless issues a marriage license and a contracting parties with respect to their legal capacity
marriage is solemnized on the basis of such marriage to contract marriage
license, the marriage will still be valid
19. The local civil registrar shall 22. The marriage certificate, in which the parties shall
Require the payment of the fees prescribed by law or declare that they take each other as husband and wife,
regulations before the issuance of the marriage license shall also state:
No other sum shall be collected in the nature of a fee or A. The full name, sex and age of each contracting party;
tax of any kind for the issuance of said license B. Their citizenship, religion and habitual residence;
It shall, however, be issued free of charge to indigent C. The date and precise time of the celebration of the
parties, that is those who have no visible means of income marriage;
or whose income is insufficient for their subsistence a fact
Chapter 2 MARRIAGES EXEMPTED FROM LICENSE 30. The original of the affidavit required in the last
REQUIREMENT preceding article, together with the legible copy of the
marriage contract, shall be sent by the person solemnizing
27. In case either or both of the contracting parties are the marriage to the local civil registrar of the municipality
at the point of death, the marriage may be solemnized where it was performed within the period of thirty days
without necessity of a marriage license and shall remain after the performance of the marriage.
valid even if the ailing party subsequently survives.
Exemption from marriage license 31. A marriage in articulo mortis between passengers or
Reason: anchored on necessity and practicality such as crew members may also be solemnized by a ship captain
in the case of marriages in articulo mortis or by an airplane pilot not only while the ship is at sea or
the plane is in flight, but also during stopovers at ports of
28. If the residence of either party is so located that call.
there is no means of transportation to enable such party to
appear personally before the local civil registrar, the 32. A military commander of a unit, who is a
marriage may be solemnized without necessity of a commissioned officer, shall likewise have authority to
marriage license. solemnize marriages in articulo mortis between persons
A sacred institution like marriage should always be within the zone of military operation, whether members of
encouraged the armed forces or civilians.
Without this provision, illicit relationships may
proliferate 33. Marriages among Muslims or among members of the
ethnic cultural communities may be performed validly
29. In the cases provided for in the two preceding without the necessity of marriage license, provided they
articles, the solemnizing officer shall state in an affidavit are solemnized in accordance with their customs, rites or
executed before the local civil registrar or any other person practices.
legally authorized to administer oaths that the marriage
was performed inarticulo mortis or that the residence of
34. No license shall be necessary for the marriage of a
either party, specifying the barrio or barangay, is so
man and a woman who have lived together as husband
located that there is no means of transportation to enable
and wife for at least five years and without any legal
such party to appear personally before the local civil
impediment to marry each other. The contracting parties
registrar and that the officer took the necessary steps to
shall state the foregoing facts in an affidavit before any
ascertain the ages and relationship of the contracting
person authorized by law to administer oaths. The
parties and the absence of legal impediment to the
solemnizing officer shall also state under oath that he
marriage.
ascertained the qualifications of the contracting parties are
found no legal impediment to the marriage.
49. During the pendency of the action and in the The children or their guardian or the trustee of their
absence of adequate provisions in a written agreement property may ask for the enforcement of the judgment.
between the spouses, the Court shall provide for the
support of the spouses and the custody and support of The delivery of the presumptive legitimes herein
their common children. The Court shall give paramount prescribed shall in no way prejudice the ultimate
consideration to the moral and material welfare of said successional rights of the children accruing upon the
children and their choice of the parent with whom they death of either of both of the parents; but the value of
wish to remain as provided to in Title IX. It shall also the properties already received under the decree of
provide for appropriate visitation rights of the other parent. annulment or absolute nullity shall be considered as
advances on their legitime.
50. The effects provided for by paragraphs (2), (3), (4) Legitimepart of the testators property which he
and (5) of Article 43 and by Article 44 shall also apply in cannot dispose of because the law has reserved it for
certain heirs who are called compulsory heirs
the proper cases to marriages which are declared ab initio
Presumptive legitime shall be computed as of the date
or annulled by final judgment under Articles 40 and 45.
of the final judgment of trial court
In void marriages, delivery of the presumptive legitime
The final judgment in such cases shall provide for the is generally not required except only in the void
liquidation, partition and distribution of the properties subsequent marriage resulting from the non-
of the spouses, the custody and support of the common observance of Art. 40 in relation to Arts. 52 and 53
children, and the delivery of third presumptive
legitimes, unless such matters had been adjudicated in 52. The judgment of annulment or of absolute nullity of
previous judicial proceedings. the marriage, the partition and distribution of the
All creditors of the spouses as well as of the absolute properties of the spouses and the delivery of the children's
community or the conjugal partnership shall be notified presumptive legitimes shall be recorded in the appropriate
of the proceedings for liquidation. civil registry and registries of property; otherwise, the
same shall not affect third persons.
In the partition, the conjugal dwelling and the lot on In case of nullity, the properties shall be liquidated in
which it is situated, shall be adjudicated in accordance accordance with the ordinary rules of co-ownership
with the provisions of Articles 102 and 129. If there were pre-nuptial agreement providing that
separation of property regime governed the
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marriage, there is no need for liquidation and 55. A petition for legal separation may be filed on any of
partition the following grounds:
Recording in the civil registry and registry of property A. Repeated physical violence or grossly abusive conduct
is necessary to directed against the petitioner, a common child, or a child
a. Bind third parties of the petitioner
b. Be able to validly contract a subsequent marriage This does not include repeated physical violence upon
If a surviving spouse subsequently remarries without the child of the respondent or the guilty spouse
liquidating the community or conjugal properties of Physical violenceconnotes the infliction of bodily
the first marriage, the mandatory regime of complete harm
separation of property shall govern the property
The act may constitute grossly abusive conduct
regime of the subsequent marriage
B. Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation
53. Either of the former spouses may marry again after
compliance with the requirements of the immediately One incident of physical violence or moral pressure to
compel the change in religious affiliation or the
preceding Article; otherwise, the subsequent marriage
change in political affiliation can be a ground for
shall be null and void. legal separation
C. Attempt of respondent to corrupt or induce the petitioner,
54. Children conceived or born before the judgment of a common child, or a child of the petitioner, to engage in
annulment or absolute nullity of the marriage under Article prostitution, or connivance in such corruption or
36 has become final and executory shall be considered inducement
legitimate. Both the moral act and the inducement must refer to
prostitution only
Children conceived or born of the subsequent marriage A mere attempt is enough to be a ground for legal
under Article 53 shall likewise be legitimate. separation
Legitimate childrenconceived or born inside an D. Final judgment sentencing the respondent to imprisonment
annullable or voidable marriage of more than six years, even if pardoned
Illegitimate childrenconceived and born outside a E. Drug addiction or habitual alcoholism of the respondent;
valid marriage or inside a void marriage F. Lesbianism or homosexuality of the respondent;
Children conceived or born inside under Art. 36 before G. Contracting by the respondent of a subsequent bigamous
finality of the judgment of nullity and those in a
marriage, whether in the Philippines or abroad
marriage which does not comply with Art. 52 in
relation to Art. 53 shall be considered legitimate Bigamythe act of illegally contracting a second
marriage despite full knowledge that the first
marriage is still validly existing or without obtaining
TITLE II the needed judicial declaration of presumptive death
of the first spouse
LEGAL SEPARATION If the bigamous marriage were committed abroad,
guilty party cannot be criminally prosecuted for bigamy in
TITLE III 71. The management of the household shall be the right
and the duty of both spouses. The expenses for such
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND management shall be paid in accordance with the
WIFE provisions of Article 70.
68. The husband and wife are obliged to live together, 72. When one of the spouses neglects his or her duties
observe mutual love, respect and fidelity, and render to the conjugal union or commits acts which tend to bring
mutual help and support. Procreation is also an essential
danger, dishonor or injury to the other or to the family, the
marital obligation considering that procreation of children
through sexual cooperation is the basic end of marriage aggrieved party may apply to the court for relief.
Except for support, a court cannot validly issue a
decision compelling the spouses to live together, 73. Either spouse may exercise any legitimate
observe mutual love, respect and fidelity profession, occupation, business or activity without the
There can be no action for damages merely because of consent of the other. The latter may object only on valid,
a breach of marital obligation serious, and moral grounds.
o Other remedies can be availed of under Arts. 19, 20
and 21 In case of disagreement, the court shall decide whether
or not:
69. The husband and wife shall fix the family domicile. In A The objection is proper; and
case of disagreement, the court shall decide. B Benefit has occurred to the family prior to the objection or
thereafter. If the benefit accrued prior to the objection, the
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resulting obligation shall be enforced against the separate 75. The future spouses may, in the marriage
property of the spouse who has not obtained consent. settlements, agree upon the regime of absolute
community, conjugal partnership of gains, complete
The foregoing provisions shall not prejudice the rights of separation of property, or any other regime. In the absence
creditors who acted in good faith. of a marriage settlement, or when the regime agreed upon
The law does not make it a requirement that a spouse is void, the system of absolute community of property as
has to get the prior consent of the other before established in this Code shall govern.
entering into any legitimate profession, occupation, In weighing the fairness and reasonableness of the
business or activity provision, the following must be considered:
If the husband compels the wife, the purpose or effect of a. Relative situation of the parties
controlling or restricting her movement or conduct, b. Respective ages, heath and experience
these are considered acts of violence against women c. Their respective properties
under RA 9262 which is punishable d. Their family ties and connections
e. Spouses needs and such factors as tend to show that the
agreement
TITLE IV was understandingly made
PROPERTY RELATIONS BETWEEN HUSBAND AND
WIFE 76. In order that any modification in the marriage
settlements may be valid, it must be made before the
celebration of the marriage, subject to the provisions of
Chapter 1 GENERAL PROVISIONS Articles 66, 67, 128, 135 and 136.
74. The property relationship between husband and wife 77. The marriage settlements and any modification
shall be governed in the following order: thereof shall be in writing, signed by the parties and
A. By marriage settlements executed before the marriage; executed before the celebration of the marriage. They shall
not prejudice third persons unless they are registered in
B. By the provisions of this Code; and
the local civil registry where the marriage contract is
C. By the local custom
recorded as well as in the proper registries of properties
The agreement must be in writing, signed by the parties,
and made prior to the celebration of the marriage
The contracting parties can stipulate or agree on any 78. A minor who according to law may contract marriage
arrangement in their marriage settlement that is not may also execute his or her marriage settlements, but they
contrary to law and public policy and is within the shall be valid only if the persons designated in Article 14 to
limits provided in the Family Code give consent to the marriage are made parties to the
Customas a rule of conduct formed by repetition of agreement, subject to the provisions of Title IX of this
acts uniformly observed as a social rule, legally Code.
binding and obligatory The phrase a minor who according to law may
contract marriage has been impliedly repealed
If 1st marriage lasted for 2 years, it will get 2/5 of P15 Section 1 GENERAL PROVISIONS
000
105. Regime of conjugal partnership of gains
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In case the future spouses agree in the marriage 107. The rules provided in Arts. 88 and 89 shall also apply
settlements that CPG will govern their property relations, to conjugal partnership of gains
the provisions in this Chapter shall be of supplementary Art. 88The application of CPG shall commence at the
application precise moment when the marriage ceremony is
This shall also apply to CPG already established between celebrated
spouses before the effectivity of this Code, without Art. 89No waiver of rights, interests, shares, and
prejudice to vested rights already acquired in accordance effects of the CPG can be made during the marriage
with the Civil Code or other laws, as provided in Art. 256 except upon judicial separation of property
PROPERTY
Section 6 DISSOLUTION OF CONJUGAL PARTNERSHIP
REGIME
124. The administration and enjoyment of the conjugal
partnership both spouses jointly
126. The conjugal partnership
In case of disagreement, the husband's decision shall
terminates: 1. Upon the death of
prevail, subject to recourse to the court by the wife for either spouse;
proper remedy, which must be availed of within 5 years
2. There is a decree of legal separation;
from the date of the contract implementing such decision
3. The marriage is annulled or declared void
In the event that one spouse is incapacitated or otherwise
4. In case of judicial separation of property during the
unable to participate in the administration of the conjugal
marriage under Arts. 134 to 138
properties, the other spouse may assume sole powers of
administration. Identically similar with Art. 99
These powers do not include disposition or encumbrance
127. The separation in fact between husband and wife
without authority of the court or the written consent of the
shall not affect the regime of conjugal partnership, except
other spouse. In the absence of such authority or consent,
that:
the disposition or encumbrance shall be void
1. The spouse who leaves the conjugal home or refuses to
However, the transaction shall be construed as a
live therein, without just cause, shall not have the right to
continuing offer on the part of the consenting spouse and
be supported
the third person, and may be perfected as a binding
contract upon the acceptance by the other spouse or 2. When the consent of one spouse to any transaction of the
authorization by the court before the offer is withdrawn by other is required by law, judicial authorization shall be
either or both offerors obtained in a summary proceeding
Identically similar with Art. 96
Requisites to be a beneficiary:
1. must be among the relationships enumerated in Art. 154
2. they live in the Family home being the chief source of revenue for the
3. they are dependent for legal support upon the head of the government to keep it running, it must be paid
family immediately and without delay
2. debts incurred prior to the constitution of the family home
155. Family home is exempt from execution, forced sale 3. debts secured by mortgages on the premises before or
or attachment, except for: after such constitution
1. non-payment of taxes
157. Value of the Family home: (at the time of its 159. Death of one or both spouses or of the unmarried
constitution) head of the family:
a. shall not exceed 300k in urban areas and 200k in the family home shall continue for a period of 10 years
rural areas, or such amounts as may hereafter be or for as long as there is a minor beneficiary
fixed by law
the heirs cannot partition the same unless the court
i. urban area includes chartered cities and municipalities finds compelling reasons therefor
whose annual income at least equals that legally required
this rule shall apply regardless of whoever owns the
for chartered cities property or constituted the family home
ii. all others are deemed to be rural areas
if the value is more than the value fixed by law, 160. Creditor
such home is not a family home, and is not
exempt from whose claim is not under Art. 155 obtains a judgment
execution, forced sale or attachment in his favor and has reasonable belief that the family
b. if the value of the currency changes after the home is actually worth more than the amount fixed
adoption of this code, the value most favorable for in Art. 157, he may apply to the court for an order
the constitution of a family home shall be basis of directing the sale of the property under execution o
the evaluation the court shall order if it finds that:
i.e. before the effectivity of the Family Code, a i. the actual value exceeds the maximum
house worth 250k was not judicially amount allowed by law as of the time of
constituted as a family home, at the time or its constitution
after the effectivity, the value is still the same, ii. the increased actual value exceeds the
it automatically becomes a family home; or it maximum allowed in Art. 157 and
was 300k then, and after effectivity it became results from subsequent voluntary
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improvements introduced by the person Paternity and Filiationrefer to the relationship or tie
or persons which exists between parents and their children
constituting the family home a. By nature
at the execution sale, no bid below the value allowed Natural filiation:
for a family home shall be considered x Legitimacy or illegitimacy are fixed by law and
o proceeds shall be applied first to the amount mentioned in cannot be left to the will of the parties or the
declaration of any physician or midwife
Art. 157 and then to the liabilities under the judgment and
Legitimate
costs
Illegitimate
o excess shall be delivered to the judgment debtor i.e. the
debt is 500k, the family home s current actual value is b. By adoption
1M, the bid will start at 300k in an urban area. If it sold for
700k, the 300k will be given to the debtor to be able to 164. Legitimate children
build a new family home, then the 400k to the judgment 1. Born and conceived during the marriage of the parents
creditor; but if it is under Art. 155, the 500k debt will be
given first, then, whatever is left, 200k will be for the 2. Conceived by artificial insemination of the wife with the
judgment debtor sperm of the husband or that of the donor provided that
both of them authorized or ratified such in a written
161. For purposes of availing of the benefits of a family instrument executed and signed by them before the birth
home as provided for in this Chapter, a person may of the child Types of artificial insemination:
constitute, or be the 1. Homologous
beneficiary of, only one family home - the wife is artificially impregnated with the semen
of her husband, AIH (Artificial Insemination
Husband)
162. The provisions in this Chapter shall also given family 2. Heterologous
residences insofar as said provisions are applicable - Artificial insemination of the wife by the semen of
All existing family residences at the time of the effectivity a thirdparty donor, AID (Artificial Insemination
of the Family Code are considered family homes and are Donor)
prospectively entitled to the benefits accorded to a family a. Consensual with the consent of the husband
home under the Family Code. b. Nonconsensual without the consent of the husband
This has no retroactive effect Non-observance of procedure for artificial insemination
shall constitute a ground to impugn the legitimacy of the
child
TITLE VI PATERNITY AND FILIATION presumption of legitimacy can only arise upon the
convincing proof of:
the legality of marriage of the parents and
Chapter 1 LEGITIMATE CHILDREN that conception or birth occurred during that
marriage
163. Filiation of children:
Status of the children can never be compromised 165. Illegitimate children
175. Illegitimate filiation of illegitimate children may be 177. Children conceived and born outside of wedlock of
established in the same way and on the same evidence as parents who, at the time of conception of the former, were:
legitimate children. a. Not disqualified by any impediment to marry each
other
The prescriptive period is the same as with Art. 173, b. Disqualified only because either or both of them were
except if under the 2nd par. of Art. 172, the action may be below 18
brought during the lifetime of the alleged parent. years of age
May be legitimated
176. Use of surname of illegitimate children: Legitimation is purely a statutory creation
1. Motherthe surname and shall be under the parental her Legitimation will not affect the property rights which
authority, and shall be entitled to support in conformity have been already vested
with this Code. Requirements for legitimation:
2. Fatherif the filiation has been expressly recognized 1. The parents do not suffer any legal impediment or are
through record of birth appearing in the civil register, or disqualified to marry because either or both of them are 18
when an admission in a public document or private years of age at the time of the conception of the child
handwritten instrument is made by the father 2. The child has been conceived and born outside a valid
marriage
Has the right to institute an action before the
3. The parents subsequently enter into a valid marriage. It is
regular courts to prove non-filiation during his
the last step which by operation of law will finally
lifetime legitimate the child. The annulment of a voidable marriage
Legitime of an illegitimate child shall consist of of the shall not affect the legitimation
legitime of a legitimate child.
Art. 211 will apply if the alleged father admits that the 178. Legitimation shall take place by a subsequent valid
child is his and it is shown that it is really conclusively marriage between parents. The annulment of a voidable
his child and he even acknowledges that the child is marriage shall not
his and the said father lives together with the child
and the mother of the said child under a void affect the legitimation
marriage or without the benefit of a marriage
o the father and the mother shall jointly exercise 179. Legitimated children shall enjoy the same rights as
parental authority over the person of their legitimate children
common children. In case of disagreement, the
fathers decision shall prevail, unless there is a 180. The effects of legitimation shall retroact to the time
judicial order to the contrary
of the childs birth
Once parental authority is vested, it cannot be waived
except in cases of adoption, guardianship and
surrender to a childrens home or an orphan 181. The legitimation of children who died before the
institution celebration of the marriage shall benefit their descendants
246. If the petition is not resolved at the initial 249. Petitions filed under Articles 223, 225 and 235 of this
conference, said petition shall be decided in a summary Code involving parental authority shall be verified
hearing on the basis of affidavits, documentary evidence Art. 223a case seeking a court order providing for
or oral testimonies at the sound discretion of the court. If disciplinary measures over the child
testimony is needed, the court shall specify the witnesses
305. The duty and the right to make arrangements for the 309. Any person who shows disrespect to the dead, or
funeral of a relative wrongfully interferes with a funeral shall be liable to the
shall be in accordance with the order established for family of the deceased for damages, material and moral.
support, under Art. 294
Art. 294 is repealed by Art. 199 which provides the 310. The construction of a tombstone or mausoleum shall
following order: be deemed a part of the funeral expenses, and shall be
1. Spouse
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chargeable to the conjugal partnership property, if the 2. Puericulture and similar centers;
deceased is one of the spouses. 3. Councils for the Protection of Children; and 4. Juvenile
courts.
TITLE XII CARE AND EDUCATION OF CHILDREN 360. The Council for the Protection of Children shall look
after the welfare of children in the municipality. It shall,
356. Every child: among other functions:
1. Is entitled to parental care; 1. Foster the education of every child in the municipality;
2. Shall receive at least elementary education; 2. Encourage the cultivation of the duties of parents;
3. Shall be given moral and civic training by the parents or 3. Protect and assist abandoned or mistreated children, and
guardian; orphans;
4. Has a right to live in an atmosphere conducive to his 4. Take steps to prevent juvenile delinquency;
physical, moral and intellectual development. 5. Adopt measures for the health of children;
6. Promote the opening and maintenance of playgrounds
357. Every child shall:
7. Coordinate the activities of organizations devoted to the
1. Obey and honor his parents or guardian; welfare of children, and secure their cooperation.
2. Respect his grandparents, old relatives, and persons
holding substitute parental authority; 361. Juvenile courts will be established, as far as
3. Exert his utmost for his education and training; practicable, in every chartered city or large municipality.
4. Cooperate with the family in all matters that make for the
good of the same. 362. Whenever a child is found delinquent by any court,
the father, mother, or guardian may in a proper case be
358. Every parent and every person holding substitute judicially admonished.
parental authority shall see to it that the rights of the child
are respected and his duties complied with, and shall 363. In all questions on the care, custody, education and
particularly, by precept and example, imbue the child with property of children the latter's welfare shall be
high-mindedness, love of country, veneration for the paramount. No mother shall be separated from her child
national heroes, fidelity to democracy as a way of life, and under seven years of age, unless the court finds
attachment to the ideal of permanent world peace. compelling reasons for such measure.
USE OF SURNAMES
359. The government promotes the full growth of the
A persons name is the designation by which he is known
faculties of every child. For this purpose, the government
and called in the community in which he lives and is
will establish, whenever possible: best known
1. Schools in every barrio, municipality and city where Name
optional religious instruction shall be taught as part of the o word or combination of words by which a person is
curriculum at the option of the parent or guardian; distinguished from other individuals
379. The employment of pen names or stage names is If the absentee left no spouse, or if the spouse present is a
permitted, provided it is done in good faith and there is no minor, any competent person may be appointed by the
injury to third persons. court. or if the spouse present is a minor has been
Pen names and stage names cannot be usurped. repealed by RA 6809 which lowered the emancipation
age to 18
380. Except as provided in the preceding article, no
person shall use different names and surnames. Chapter 2 DECLARATION OF ABSENCE
TITLE XIV ABSENCE 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
Chapter 1 PROVISIONAL MEASURES IN CASE OF the administration of his property, his absence may be
ABSENCE declared.
381. When a person disappears from his domicile, his 385. The following may ask for the declaration of
whereabouts being unknown, and without leaving an agent absence:
to administer his property, the judge, at the instance of an 1. The spouse present;
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This can be a source for an involuntary judicial If the person dies without a will, intestate
separation of property, therefore, a basis for the proceedings will be instituted where a new
termination of absolute community property or administrator of his or her estate shall be appointed
conjugal partnership of grains 3. When a third person appears, showing by a proper
2. The heirs instituted in a will, who may present an authentic document that he has acquired the absentee's property by
copy of the same; purchase or other title. In these cases the administrator
3. The relatives who may succeed by the law of intestacy; shall cease in the performance of his office, and the
4. Those who may have over the property of the absentee property shall be at the disposal of those who may have a
some right subordinated to the condition of his death. right thereto.