Civil Law and Land Titles and Deeds
III. Family Relations (EO 209, as amended)
III. PERSONS AND FAMILY RELATIONS
A. Natural Persons
B. Juridical Persons (Civil Code, arts. 44-47)
C. Domicile; Residence (Civil Code, arts. 50-51)
D. Surnames (Civil Code, arts. 364-380; Family Code, art. 176; R.A. No. 11642; R.A. No. 9048; R.A. No. 10172)
E. Absentees (Civil Code, arts. 381-396)
F. Marriage; General Principles (Family Code, art. 1)
G. Mixed Marriages (Family Code, art. 26)
H. Void Marriages; Effects and Remedies (Family Code, arts. 35-44 and 50-54)
I. Voidable Marriages; Effects and Remedies (Family Code, arts. 45-54)
J. Legal Separation (Family Code, art. 55-67)
K. Property Relations Between Spouses (Family Code, arts. 74-81)
L. Rights and Obligations Between Husband and Wife (Family Code, arts. 68-73)
M. The Family; Family Home (Family Code, arts. 149-162)
N. Paternity and Filiation
O. Support (Family Code, arts. 194-208)
P. Parental Authority (Family Code, arts. 209-233)
Act considered as acts of violence under R.A. No. 9262
- Causing, threatening to cause, or attempting to cause physical harm to the woman or her child;
- Threatening to cause the woman or her child physical harm;
- Attempting to cause the woman or her child physical harm;
- Placing the woman or her child in fear of imminent physical harm;
- Attempting to compel or compelling the woman or her child to:
Engage in conduct which the woman or her child has the right to desist from; or
- Desist from conduct which the woman or her child has the right to engage in;
Attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by:
- Force, or
- Threat of force;
- Physical, or Other harm; or
- Threat of physical or other harm; or
- Intimidation directed against the woman or child
This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct:
- Threatening to deprive or actually depriving the woman or her child of custody or access to her/his family;
- Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support;
- Depriving or threatening to deprive the woman or her child of a legal right;
- Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim’s own money or properties, or solely controlling the conjugal or common money, or properties.
- Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;
- Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by:
- Force, or
- Threat of force;
- Physical harm; or
- Through intimidation directed against the woman or her child or her/his immediate family;
- Engaging in purposeful, knowing, or reckless conduct, personally or through another that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:
- Stalking or following the woman or her child in public or private places;
- Peering in the window or lingering outside the residence of the woman or her child;
- Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
- Destroying the property and personal belongings of the woman or her child, or inflicting harm on their animals or pets; and
- Engaging in any form of harassment or violence; and
- Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or access to the woman’s child/children.
Rules governing family relations
Family relations are governed by law. No custom, practice or agreement destructive of the family shall be recognized or given effect. (FC, Art. 149)
NOTE: Even if not all forms of extra-marital relations are punishable under penal law, the sanctity of marriage is constitutionally recognized and likewise affirmed by our statutes as a special contract of permanent union. Accordingly, the Court has had little qualms with penalizing judicial employees for their dalliances with married persons or for their own betrayals of the marital vow of fidelity. (Concerned Employee v. Glenda Mayor, A.M. No. P- 02-1564, November 23, 2004)
Authorities
- Civil Code, Sec. 364
- Civil Code, Sec. 381
- Civil Code, Sec. 44
- Civil Code, Sec. 50
- Concerned Employee v. Glenda Mayor, G.R. No. A.M. No. P-02-1564
- Family Code, Art. 149
- Family Code, Sec. 1
- Family Code, Sec. 149
- Family Code, Sec. 176
- Family Code, Sec. 26
- Family Code, Sec. 35
- Family Code, Sec. 45
- Family Code, Sec. 55
- Family Code, Sec. 68
- Family Code, Sec. 74
- R.A. No. 10172
- R.A. No. 9048