Free And Compulsory Education Is In Which Article?
Departmen of School Education & Literacy The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.
The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards.
Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means that no child, other than a child who has been admitted by his or her parents to a school which is not supported by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.
‘Compulsory education’ casts an obligation on the appropriate Government and local authorities to provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group. With this, India has moved forward to a rights based framework that casts a legal obligation on the Central and State Governments to implement this fundamental child right as enshrined in the Article 21A of the Constitution, in accordance with the provisions of the RTE Act.
The RTE Act provides for the:
Right of children to free and compulsory education till completion of elementary education in a neighbourhood school. It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education. It makes provisions for a non-admitted child to be admitted to an age appropriate class. It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments. It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours. It provides for rational deployment of teachers by ensuring that the specified pupil teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief. It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications. It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition, It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centered learning.
: Departmen of School Education & Literacy
View complete answer
- 0.1 What is Article 42 A?
- 0.2 What is Article 21 also known as?
- 0.3 When was Article 21A?
- 1 What is Article 51 A of Indian Constitution?
- 2 What is Article 20 and 21?
- 3 What does Article 47 say?
- 4 What is Article 45 of Constitution of Pakistan?
What is Article 45?
Ministry of Education » Constitutional Provision » Constitutional Provision
|Article 45||Provision for free and compulsory education for children|
|The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.|
|Provision for early childhood, care and education to children below the age of six years|
|The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years. *|
|* Amended Text as per the 86th Amendment of December, 2002, but yet to be brought into force-|
Last Updated by admin on Thursday, 17 March 2016 – 6:39pm : Ministry of Education
View complete answer
What is Article 42 A?
Article 42 in The Constitution Of India 1949.42. Provision for just and humane conditions of work and maternity relief The State shall make provision for securing just and humane conditions of work and for maternity relief.
View complete answer
What is Article 21 also known as?
Central Government Act. Article 21 in The Constitution Of India 1949.21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.
View complete answer
When was Article 21A?
Unni Krishnan, J.P & Ors v. State of Andhra Pradesh (1993) – The case challenged the constitutionality of state regulations governing capitation fees levied by some private professional educational institutes. Through petitions made by private educational institutions to contest state laws, the case is given substance.
The states of Tamil Nadu, Karnataka, Andhra Pradesh, and Maharashtra created this state legislation to control the capitation fee amounts. The laws stated that any additional fees received by management employees would be regarded as capitation fees. The Supreme Court has observed that it would be the responsibility of the state to offer the facilities and opportunities required by Article 39(e) and (f) of the Constitution and to avoid the exploitation of their infancy owing to destitution and squalor.
According to the Supreme Court, when read in connection with the Directive Principles particularly focusing on education, the fundamental Right to Life (Article 21) implies the right to a minimum level of education as well. The Court ruled that the scope of the right must be understood in light of the Directive Principles of State Policy, including Article 45, which mandates that the State must make every effort to provide free and mandatory education for all children under the age of 14.
- The Court determined that Article 21 does not establish a fundamental Right to Education leading to a professional degree.
- However, it was decided that the 44 years after the Constitution’s enactment had effectively changed the non-enforceable right of children under 14 into a legal obligation, with respect to education.
After turning fourteen, their Right to Education is restricted by the state’s economic capacity and level of development (as per Article 41 ). The Court cited Article 13 of the International Covenant on Economic, Social, and Cultural Rights when it stated that in order for the State to fulfil its duty to provide higher education, it must use all of its resources to the fullest extent possible in order to gradually realise each individual’s right to education.
- In Unni Krishnan’s case, the Court disagreed with the ruling in Mohini Jain v.
- State of Karnataka (1992) that the Constitution guarantees the Right to Education at all levels.
- Following the Constitutional Bench’s ruling in Unni Krishnan, the Supreme Court declared that Article 45 has now been elevated to the status of a fundamental right in the case of M.C.
Mehta v. State of Tamil Nadu & Ors (1996). The Court further ruled that a right need not be explicitly identified as a fundamental right in Part III of the Constitution in order to be treated as such by stating that “the provisions of Part III and Part IV are supplemental and complementary to each other.” The Court disagreed that the moral demands and aspirations expressed in Part IV are superior to the rights reflected in Part III’s provisions.
View complete answer
What is the Article 44?
Hindu Code Bill and addition to the Directive Principles – The Indian Parliament discussed the report of the Hindu law committee during the 1948–1951 and 1951–1954 sessions. The first Prime Minister of the Indian republic, Jawaharlal Nehru, his supporters and women members wanted a uniform civil code to be implemented.
As Law Minister, B.R. Ambedkar was in charge of presenting the details of this bill. It was found that the orthodox Hindu laws were supportive of women’s rights since monogamy, divorce and the widow’s right to inherit property were present in the Shashtras, Ambedkar recommended the adoption of a uniform civil code.
Ambedkar’s frequent attack on the Caste System and dislike for the upper castes made him unpopular in the parliament. He had done research on the religious texts and considered the Caste System in Hindu society to be flawed. According to him, only the Uniform Civil Code bill was this opportunity to reform Hindu society as well to ensure protection to Muslim women who have little protection under Sharia Law.
- He thus faced severe criticism from the opposition but Nehru later supported Ambedkar’s reforms and demand for a Uniform Civil Code.
- Although a Uniform Civil Code was not introduced at the time, a Hindu Bill was introduced to ensure modern reformation of Hindu Society.
- The Hindu bill itself received much criticism and the main provisions opposed were those concerning monogamy, divorce, abolition of coparcenaries (women inheriting a shared title) and inheritance to daughters.
The women members of the parliament, who previously supported this, in a significant political move reversed their position and backed the Hindu law reform; they feared allying with the fundamentalists would cause a further setback to their rights. Thus, a lesser version of this bill was passed by the parliament in 1956, in the form of four separate acts, the Hindu Marriage Act, Succession Act, Minority and Guardianship Act and Adoptions and Maintenance Act,
These diluted versions supported by Jawaharlal Nehru were in contraction to the implementation of a uniform civil code in Article 44 of the Directive principles of the Constitution specifying, “The State shall endeavour to secure for citizens a uniform civil code throughout the territory of India.” This was opposed by women members like Rajkumari Amrit Kaur and Hansa Mehta,
According to academic Paula Banerjee, this move was to make sure it would never be addressed. Aparna Mahanta writes, “failure of the Indian state to provide a uniform civil code, consistent with its democratic secular and socialist declarations, further illustrates the modern state’s accommodation of the traditional interests of a patriarchal society”.
View complete answer
What is Article 51 A of Indian Constitution?
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
View complete answer
What does Article 40 says?
Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
View complete answer
What is Article 20 and 21?
Article 20. Protection with respect to conviction for offences. Article 21. Right to life and personal liberty.
View complete answer
What does Article 22 says?
22. Protection against arrest and detention in certain cases. (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
View complete answer
What is the difference between Article 20 and Article 21?
Civil Code of the Philippines(1) – REPUBLIC ACT NO.386 AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws ARTICLE 1. This Act shall be known as the “Civil Code of the Philippines.” (n) ARTICLE 2.
- Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided.
- ARTICLE 3.
- Ignorance of the law excuses no one from compliance therewith.
- 2) ARTICLE 4.
- Laws shall have no retroactive effect, unless the contrary is provided.
(3) ARTICLE 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. (4a) ARTICLE 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law.
- 4a) ARTICLE 7.
- Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary.
- When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern.
- Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.
(5a) ARTICLE 8. Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines. (n) ARTICLE 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.
(6) ARTICLE 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. (n) ARTICLE 11. Customs which are contrary to law, public order or public policy shall not be countenanced. (n) ARTICLE 12. A custom must be proved as a fact, according to the rules of evidence.
(n) ARTICLE 13. When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise. If months are designated by their name, they shall be computed by the number of days which they respectively have.
In computing a period, the first day shall be excluded, and the last day included. (7a) ARTICLE 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations.
(8a) ARTICLE 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a) ARTICLE 16. Real property as well as personal property is subject to the law of the country where it is situated.
However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found.
(10a) ARTICLE 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. (11a) ARTICLE 18. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code.
(16a) CHAPTER 2 Human Relations (n) ARTICLE 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. ARTICLE 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.
- ARTICLE 21.
- Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.
- ARTICLE 22.
- Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.
ARTICLE 23. Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited. ARTICLE 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection.
ARTICLE 25. Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution. ARTICLE 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons.
Essay on the right to free and compulsory education || The right to Free and compulsory Education
The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of another’s residence; (2) Meddling with or disturbing the private life or family relations of another; dumrrI (3) Intriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.
- ARTICLE 27.
- Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken.
ARTICLE 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage.
ARTICLE 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious.
If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground.
ARTICLE 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. ARTICLE 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter.
ARTICLE 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: (1) Freedom of religion; (2) Freedom of speech; (3) Freedom to write for the press or to maintain a periodical publication; (4) Freedom from arbitrary or illegal detention; (5) Freedom of suffrage; (6) The right against deprivation of property without due process of law; (7) The right to a just compensation when private property is taken for public use; (8) The right to the equal protection of the laws; (9) The right to be secure in one’s person, house, papers, and effects against unreasonable searches and seizures; (10) The liberty of abode and of changing the same; (11) The privacy of communication and correspondence; cd (12) The right to become a member of associations or societies for purposes not contrary to law; (13) The right to take part in a peaceable assembly to petition the Government for redress of grievances; (14) The right to be free from involuntary servitude in any form; (15) The right of the accused against excessive bail; (16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf; (17) Freedom from being compelled to be a witness against one’s self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness; (18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and (19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the defendant’s act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. Pnamei ARTICLE 33.
In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.
ARTICLE 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor.
The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action. ARTICLE 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a civil action for damages against the alleged offender.
Such civil action may be supported by a preponderance of evidence. Upon the defendant’s motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings.
- ARTICLE 36.
- Pre-judicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code.
- BOOK I Persons TITLE I Civil Personality CHAPTER 1 General Provisions ARTICLE 37.
Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost. (n) ARTICLE 38.
Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. (32a) ARTICLE 39.
The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws.
Capacity to act is not limited on account of religious belief or political opinion. A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. (n) CHAPTER 2 Natural Persons ARTICLE 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article.
(29a) ARTICLE 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.
30a) ARTICLE 42. Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. (32a) ARTICLE 43. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other.
(33) CHAPTER 3 Juridical Persons ARTICLE 44. The following are juridical persons: (1) The State and its political subdivisions; (2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law; (3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member.
- 35a) ARTICLE 45.
- Juridical persons mentioned in Nos.1 and 2 of the preceding article are governed by the laws creating or recognizing them.
- Private corporations are regulated by laws of general application on the subject.
- Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships.
(36 and 37a) ARTICLE 46. Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization. (38a) ARTICLE 47. Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned in No.2 of article 44, their property and other assets shall be disposed of in pursuance of law or the charter creating them.
If nothing has been specified on this point, the property and other assets shall be applied to similar purposes for the benefit of the region, province, city or municipality which during the existence of the institution derived the principal benefits from the same. (39a) TITLE II Citizenship and Domicile ARTICLE 48.
The following are citizens of the Philippines: (1) Those who were citizens of the Philippines at the time of the adoption of the Constitution of the Philippines; (2) Those born in the Philippines of foreign parents who, before the adoption of said Constitution, had been elected to public office in the Philippines; (3) Those whose fathers are citizens of the Philippines; (4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship; (5) Those who are naturalized in accordance with law.
- N) ARTICLE 49.
- Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws.
- N) ARTICLE 50.
- For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence.
- 40a) ARTICLE 51.
When the law creating or recognizing them, or any other provision does not fix the domicile of juridical persons, the same shall be understood to be the place where their legal representation is established or where they exercise their principal functions.
41a) TITLE III Marriage CHAPTER 1 Requisites of Marriage ARTICLE 52. Marriage is not a mere contract but an inviolable social institution. Its nature, consequences and incidents are governed by law and not subject to stipulation, except that the marriage settlements may to a certain extent fix the property relations during the marriage.
(n) ARTICLE 53. No marriage shall be solemnized unless all these requisites are complied with: (1) Legal capacity of the contracting parties; wsLdum (2) Their consent, freely given; (3) Authority of the person performing the marriage; and (4) A marriage license, except in a marriage of exceptional character (Sec.1a, art.3613).
ARTICLE 54. Any male of the age of sixteen years or upwards, and any female of the age of fourteen years or upwards, not under any of the impediments mentioned in articles 80 to 84, may contract marriage. (2) ARTICLE 55. No particular form for the ceremony of marriage is required, but the parties with legal capacity to contract marriage must declare, in the presence of the person solemnizing the marriage and of two witnesses of legal age, that they take each other as husband and wife.
This declaration shall be set forth in an instrument in triplicate, signed by signature or mark by the contracting parties and said two witnesses and attested by the person solemnizing the marriage. In case of a marriage on the point of death, when the dying party, being physically unable, cannot sign the instrument by signature or mark, it shall be sufficient for one of the witnesses to the marriage to sign in his name, which fact shall be attested by the minister solemnizing the marriage.
(3) ARTICLE 56. Marriage may be solemnized by: (1) The Chief Justice and Associate Justices of the Supreme Court; (2) The Presiding Justice and the Justices of the Court of Appeals; (3) Judges of the Courts of First Instance; (4) Mayors of cities and municipalities; (5) Municipal judges and justices of the peace; (6) Priests, rabbis, ministers of the gospel of any denomination, church, religion or sect, duly registered, as provided in article 92; and (7) Ship captains, airplane chiefs, military commanders, and consuls and vice-consuls in special cases provided in articles 74 and 75.
(4a) ARTICLE 57. The marriage shall be solemnized publicly in the office of the judge in open court or of the mayor, or in the church, chapel or temple, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with article 72 of this Code, or in case of marriage referred to in article 76 or when one of the parents or the guardian of the female or the latter herself if over eighteen years of age request it in writing, in which cases the marriage may be solemnized at a house or place designated by said parent or guardian of the female or by the latter herself in a sworn statement to that effect.
- 5a) ARTICLE 58.
- Save marriages of an exceptional character authorized in Chapter 2 of this Title, but not those under article 75, no marriage shall be solemnized without a license first being issued by the local civil registrar of the municipality where either contracting party habitually resides.
- 7a) ARTICLE 59.
The local civil registrar shall issue the proper license if each of the contracting parties swears separately before him or before any public official authorized to administer oaths, to an application in writing setting forth that such party has the necessary qualifications for contracting marriage.
- The applicants, their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license.
- Such application shall insofar as possible contain the following data: nuinse (1) Full name of the contracting party; (2) Place of birth; (3) Age, date of birth; (4) Civil status (single, widow or widower, or divorced); (5) If divorced, how and when the previous marriage was dissolved; (6) Present residence; (7) Degree of relationship of the contracting parties; (8) Full name of the father; (9) Residence of the father; (10) Full name of the mother; (11) Residence of the mother; (12) Full name and residence of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty years, if a male, or eighteen years if a female.
(7a) ARTICLE 60. The local civil registrar, upon receiving such application, shall require the exhibition of the original baptismal or birth certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals.
- These certificates or certified copies of the documents required by this article need not be sworn to and shall be exempt from the documentary stamp tax.
- The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity.
- If either of the contracting parties is unable to produce his baptismal or birth certificate or a certified copy of either because of the destruction or loss of the original, or if it is shown by an affidavit of such party or of any other person that such baptismal or birth certificate has not yet been received though the same has been requested of the person having custody thereof at least fifteen days prior to the date of the application, such party may furnish in lieu thereof his residence certificate for the current year or any previous years, to show the age stated in his application or, in the absence thereof, an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to solemnize marriage.
Such instrument shall contain the sworn declaration of two witnesses, of lawful age, of either sex, setting forth the full name, profession, and residence of such contracting party and of his or her parents, if known, and the place and date of birth of such party.
- The nearest of kin of the contracting parties shall be preferred as witnesses, and in their default, persons well known in the province or the locality for their honesty and good repute.
- The exhibition of baptismal or birth certificates shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age.
(8a) ARTICLE 61. In case either of the contracting parties is a widowed or divorced person, the same shall be required to furnish, instead of the baptismal or birth certificate required in the last preceding article, the death certificate of the deceased spouse or the decree of the divorce court, as the case may be.
In case the death certificate cannot be found, the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and the date of the death of the deceased spouse. In case either or both of the contracting parties, being neither widowed nor divorced, are less than twenty years of age as regards the male and less than eighteen years as regards the female, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage, of their father, mother or guardian, or persons having legal charge of them, in the order mentioned.
Such consent shall be in writing, under oath taken with the appearance of the interested parties before the proper local civil registrar or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths.
- 9a) ARTICLE 62.
- Males above twenty but under twenty-five years of age, or females above eighteen but under twenty-three years of age, shall be obliged to ask their parents or guardian for advice upon the intended marriage.
- If they do not obtain such advice, or if it be unfavorable, the marriage shall not take place till after three months following the completion of the publication of the application for marriage license.
A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall accompany the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn declaration.
N) ARTICLE 63. The local civil registrar shall post during ten consecutive days at the main door of the building where he has his office a notice, the location of which shall not be changed once it has been placed, setting forth the full names and domiciles of the applicants for a marriage license and other information given in the application.
This notice shall request all persons having knowledge of any impediment to the marriage to advise the local registrar thereof. The license shall be issued after the completion of the publication, unless the local civil registrar receives information upon any alleged impediment to the marriage.
(10a) ARTICLE 64. Upon being advised of any alleged impediment to the marriage, the local civil registrar shall forthwith make an investigation, examining persons under oath. If he is convinced that there is an impediment to the marriage, it shall be his duty to withhold the marriage license, unless he is otherwise ordered by a competent court.
(n) ARTICLE 65. The local civil registrar shall demand the previous payment of fees required by law or regulations for each license issued. No other sum shall be collected, in the nature of a fee or tax of any kind, for the issuance of a marriage license.
Marriage licenses shall be issued free of charge to indigent parties, when both male and female do not each own assessed real property in excess of five hundred pesos, a fact certified to, without cost, by the provincial treasurer, or in the absence thereof, by a statement duly sworn to by the contracting parties before the local civil registrar.
The license shall be valid in any part of the Philippines; but it shall be good for no more than one hundred and twenty days from the date on which it is issued and shall be deemed cancelled at the expiration of said period if the interested parties have not made use of it.
- 11a) ARTICLE 66.
- When either or both of the contracting parties are citizens or subjects of a foreign country, it shall be necessary, before a marriage license can be obtained, to provide themselves with a certificate of legal capacity to contract marriage, to be issued by their respective diplomatic or consular officials.
(13a) ARTICLE 67. The marriage certificate in which the contracting parties shall state that they take each other as husband and wife, shall also contain: (1) The full names and domiciles of the contracting parties; (2) The age of each; (3) A statement that the proper marriage license has been issued according to law and that the contracting parties have the consent of their parents in case the male is under twenty or the female under eighteen years of age; and (4) A statement that the guardian or parent has been informed of the marriage, if the male is between the ages of twenty and twenty-five years, and the female between eighteen and twenty-three years of age.
- 15a) ARTICLE 68.
- It shall be the duty of the person solemnizing the marriage to furnish to either of the contracting parties one of the three copies of the marriage contract referred to in article 55, and to send another copy of the document not later than fifteen days after the marriage took place to the local civil registrar concerned, whose duty shall be to issue the proper receipt to any person sending a marriage contract solemnized by him, including marriages of an exceptional character.
The official, priest, or minister solemnizing the marriage shall retain the third copy of the marriage contract, the marriage license and the affidavit of the interested party regarding the solemnization of the marriage in a place other than those mentioned in article 57 if there be any such affidavit, in the files that he must keep.
16a) ARTICLE 69. It shall be the duty of the local civil registrar to prepare the documents required by this Title, and to administer oaths to all interested parties without any charge in both cases. The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from the documentary stamp tax.
(17a) ARTICLE 70. The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a register book strictly in the order in which the same shall be received. He shall enter in said register the names of the applicants, the date on which the marriage license was issued, and such other data as may be necessary.
18a) ARTICLE 71. All marriages performed outside the Philippines in accordance with the laws in force in the country where they were performed, and valid there as such, shall also be valid in this country, except bigamous, polygamous, or incestuous marriages as determined by Philippine law. (19a) CHAPTER 2 Marriages of Exceptional Character ARTICLE 72.
In case either of the contracting parties is on the point of death or the female has her habitual residence at a place more than fifteen kilometers distant from the municipal building and there is no communication by railroad or by provincial or local highways between the former and the latter, the marriage may be solemnized without necessity of a marriage license; but in such cases the official, priest, or minister solemnizing it shall state in an affidavit made before the local civil registrar or any person authorized by law to administer oaths that the marriage was performed in articulo mortis or at a place more than fifteen kilometers distant from the municipal building concerned, in which latter case he shall give the name of the barrio where the marriage was solemnized.
- The person who solemnized the marriage shall also state, in either case, that he took the necessary steps to ascertain the ages and relationship of the contracting parties and that there was in his opinion no legal impediment to the marriage at the time that it was solemnized.
- 20) ARTICLE 73.
- The original of the affidavit required in the last preceding article, together with a copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days, after the performance of the marriage.
The local civil registrar shall, however, before filing the papers, require the payment into the municipal treasury of the legal fees required in article 65. (21) ARTICLE 74. A marriage in articulo mortis may also be solemnized by the captain of a ship or chief of an airplane during a voyage, or by the commanding officer of a military unit, in the absence of a chaplain, during war.
The duties mentioned in the two preceding articles shall be complied with by the ship captain, airplane chief or commanding officer. (n) ARTICLE 75. Marriages between Filipino citizens abroad may be solemnized by consuls and vice-consuls of the Republic of the Philippines. The duties of the local civil registrar and of a judge or justice of the peace or mayor with regard to the celebration of marriage shall be performed by such consuls and vice-consuls.
(n) ARTICLE 76. No marriage license shall be necessary when a man and a woman who have attained the age of majority and who, being unmarried, have lived together as husband and wife for at least five years, desire to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths.
The official, priest or minister who solemnized the marriage shall also state in an affidavit that he took steps to ascertain the ages and other qualifications of the contracting parties and that he found no legal impediment to the marriage. (n) ARTICLE 77. In case two persons married in accordance with law desire to ratify their union in conformity with the regulations, rites, or practices of any church, sect, or religion, it shall no longer be necessary to comply with the requirements of Chapter 1 of this Title and any ratification so made shall merely be considered as a purely religious ceremony.
(23) ARTICLE 78. Marriages between Mohammedans or pagans who live in the non-Christian provinces may be performed in accordance with their customs, rites or practices. No marriage license or formal requisites shall be necessary. Nor shall the persons solemnizing these marriages be obliged to comply with article 92.
- However, thirty years after the approval of this Code, all marriages performed between Muslims or other non-Christians shall be solemnized in accordance with the provisions of this Code.
- But the President of the Philippines, upon recommendation of the Commissioner of National Integration, may at any time before the expiration of said period, by proclamation, make any of said provisions applicable to the Muslims and non-Christian inhabitants of any of the non-Christian provinces.
usniLm ARTICLE 79. Mixed marriages between a Christian male and a Mohammedan or pagan female shall be governed by the general provisions of this Title and not by those of the last preceding article, but mixed marriages between a Mohammedan or pagan male and a Christian female may be performed under the provisions of the last preceding article if so desired by the contracting parties, subject, however, in the latter case to the provisions of the second paragraph of said article.
26) CHAPTER 3 Void and Voidable Marriages ARTICLE 80. The following marriages shall be void from the beginning: (1) Those contracted under the ages of sixteen and fourteen years by the male and female respectively, even with the consent of the parents; (2) Those solemnized by any person not legally authorized to perform marriages; (3) Those solemnized without a marriage license, save marriages of exceptional character; (4) Bigamous or polygamous marriages not falling under article 83, number 2; (5) Incestuous marriages mentioned in article 81; (6) Those where one or both contracting parties have been found guilty of the killing of the spouse of either of them; (7) Those between stepbrothers and stepsisters and other marriages specified in article 82.
(n) ARTICLE 81. Marriages between the following are incestuous and void from their performance, whether the relationship between the parties be legitimate or illegitimate: (1) Between ascendants and descendants of any degree; (2) Between brothers and sisters, whether of the full or half blood; (3) Between collateral relatives by blood within the fourth civil degree.
28a) ARTICLE 82. The following marriages shall also be void from the beginning: (1) Between stepfathers and stepdaughters, and stepmothers and stepsons; (2) Between the adopting father or mother and the adopted, between the latter and the surviving spouse of the former, and between the former and the surviving spouse of the latter; (3) Between the legitimate children of the adopter and the adopted.
(28a) ARTICLE 83. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any person other than such first spouse shall be illegal and void from its performance, unless: (1) The first marriage was annulled or dissolved; or (2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive, or if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to be so by the spouse present at the time of contracting such subsequent marriage, or if the absentee is presumed dead according to articles 390 and 391.
- The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court.
- 29a) ARTICLE 84.
- No marriage license shall be issued to a widow till after three hundred days following the death of her husband, unless in the meantime she has given birth to a child.
(n) ARTICLE 85. A marriage may be annulled for any of the following causes, existing at the time of the marriage: (1) That the party in whose behalf it is sought to have the marriage annulled was between the ages of sixteen and twenty years, if male, or between the ages of fourteen and eighteen years, if female, and the marriage was solemnized without the consent of the parent, guardian or person having authority over the party, unless after attaining the ages of twenty or eighteen years, as the case may be, such party freely cohabited with the other and both lived together as husband and wife; (2) In a subsequent marriage under article 83, number 2, that the former husband or wife believed to be dead was in fact living and the marriage with such former husband or wife was then in force; (3) That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife; (4) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as her husband or his wife, as the case may be; (5) That the consent of either party was obtained by force or intimidation, unless the violence or threat having disappeared, such party afterwards freely cohabited with the other as her husband or his wife, as the case may be; (6) That either party was, at the time of marriage, physically incapable of entering into the married state, and such incapacity continues, and appears to be incurable.
- 30a) ARTICLE 86.
- Any of the following circumstances shall constitute fraud referred to in number 4 of the preceding article: (1) Misrepresentation as to the identity of one of the contracting parties; (2) Non-disclosure of the previous conviction of the other party of a crime involving moral turpitude, and the penalty imposed was imprisonment for two years or more; (3) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband.
No other misrepresentation or deceit as to character, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. (n) ARTICLE 87. The action for annulment of marriage must be commenced by the parties and within the periods as follows: (1) For causes mentioned in number 1 of article 85, by the party whose parent or guardian did not give his or her consent, within four years after attaining the age of twenty or eighteen years, as the case may be; or by the parent or guardian or person having legal charge, at any time before such party has arrived at the age of twenty or eighteen years; (2) For causes mentioned in number 2 of article 85, by the spouse who has been absent, during his or her lifetime; or by either spouse of the subsequent marriage during the lifetime of the other; (3) For causes mentioned in number 3 of article 85, by the sane spouse, who had no knowledge of the other’s insanity; or by any relative or guardian of the party of unsound mind, at any time before the death of either party; (4) For causes mentioned in number 4, by the injured party, within four years after the discovery of the fraud; (5) For causes mentioned in number 5, by the injured party, within four years from the time the force or intimidation ceased; (6) For causes mentioned in number 6, by the injured party, within eight years after the marriage.
- 31a) ARTICLE 88.
- No judgment annulling a marriage shall be promulgated upon a stipulation of facts or by confession of judgment.
- In case of non-appearance of the defendant, the provisions of article 101, paragraph 2, shall be observed.
- N) ARTICLE 89.
- Children conceived or born of marriages which are void from the beginning shall have the same status, rights and obligations as acknowledged natural children, and are called natural children by legal fiction.
Children conceived of voidable marriages before the decree of annulment shall be considered as legitimate; and children conceived thereafter shall have the same status, rights and obligations as acknowledged natural children, and are also called natural children by legal fiction.
N) ARTICLE 90. When a marriage is annulled, the court shall award the custody of the children as it may deem best, and make provision for their education and support. Attorney’s fees and expenses incurred in the litigation shall be charged to the conjugal partnership property, unless the action fails.
(33a) ARTICLE 91. Damages may be awarded in the following cases when the marriage is judicially annulled or declared void from the beginning: (1) If there has been fraud, force or intimidation in obtaining the consent of one of the contracting parties; (2) If either party was, at the time of the marriage, physically incapable of entering into the married state, and the other party was unaware thereof; (3) If the person solemnizing the marriage was not legally authorized to perform marriages, and that fact was known to one of the contracting parties, but he or she concealed it from the other; (4) If a bigamous or polygamous marriage was celebrated, and the impediment was concealed from the plaintiff by the party disqualified; (5) If in an incestuous marriage, or a marriage between a stepbrother and a stepsister or other marriage prohibited by article 82, the relationship was known to only one of the contracting parties but was not disclosed to the other; (6) If one party was insane and the other was aware thereof at the time of the marriage.
N) CHAPTER 4 Authority to Solemnize Marriages ARTICLE 92. Every priest, or minister, or rabbi authorized by his denomination, church, sect, or religion to solemnize marriage shall send to the proper government office a sworn statement setting forth his full name and domicile, and that he is authorized by his denomination, church, sect, or religion to solemnize marriage, attaching to said statement a certified copy of his appointment.
The director of the proper government office, upon receiving such sworn statement containing the information required, and being satisfied that the denomination, church, sect, or religion of the applicant operates in the Philippines, shall record the name of such priest or minister in a suitable register and issue to him an authorization to solemnize marriage.
Said priest or minister or rabbi shall be obliged to exhibit his authorization to the contracting parties, to their parents, grandparents, guardians, or persons in charge demanding the same. No priest or minister not having the required authorization may solemnize marriage. (34a) ARTICLE 93. Freedom of religion shall be observed by public officials in the issuance of authorization to solemnize marriages.
Consequently, no public official shall attempt to inquire into the truth or validity of any religious doctrine held by the applicant or by his church. (n) ARTICLE 94. The public official in charge of registration of priests and ministers shall cancel the authorization issued to a bishop, head, priest, rabbi, pastor or minister of the gospel of any denomination, church, sect, or religion, on his own initiative or at the request of any interested party, upon showing that the church, sect or religion whose ministers have been authorized to solemnize marriage is no longer in operation.
The cancellation of the authorization granted to a priest, pastor or minister shall likewise be ordered upon the request of the bishop, head, or lawful authorities of the denomination, church, sect or religion to which he belongs. (35a) ARTICLE 95. The public official in charge of registration of priests and ministers, with the approval of the proper head of Department, is hereby authorized to prepare the necessary forms and to promulgate regulations for the purpose of enforcing the provisions of this Title.
Said official may also by regulations fix and collect fees for the authorization of priests and ministers to solemnize marriages. (36a) ARTICLE 96. The existing laws which punish acts or omissions concerning the marriage license, solemnization of marriage, authority to solemnize marriages, and other acts or omissions relative to the celebration of marriage shall remain and continue to be in force.
- N) TITLE IV Legal Separation ARTICLE 97.
- A petition for legal separation may be filed: (1) For adultery on the part of the wife and for concubinage on the part of the husband as defined in the Penal Code; or (2) An attempt by one spouse against the life of the other.
- N) ARTICLE 98.
- In every case the court must take steps, before granting the legal separation, toward the reconciliation of the spouses, and must be fully satisfied that such reconciliation is highly improbable.
(n) ARTICLE 99. No person shall be entitled to a legal separation who has not resided in the Philippines for one year prior to the filing of the petition, unless the cause for the legal separation has taken place within the territory of this Republic.
- Sec.2a, Act No.2710).
- ARTICLE 100.
- The legal separation may be claimed only by the innocent spouse, provided there has been no condonation of or consent to the adultery or concubinage.
- Where both spouses are offenders, a legal separation cannot be claimed by either of them.
- Collusion between the parties to obtain legal separation shall cause the dismissal of the petition.
(3a, Act No.2710) ARTICLE 101. No decree of legal separation shall be promulgated upon a stipulation of facts or by confession of judgment. In case of non-appearance of the defendant, the court shall order the prosecuting attorney to inquire whether or not a collusion between the parties exists.
If there is no collusion, the prosecuting attorney shall intervene for the State in order to take care that the evidence for the plaintiff is not fabricated. (n) ARTICLE 102. An action for legal separation cannot be filed except within one year from and after the date on which the plaintiff became cognizant of the cause and within five years from and after the date when such cause occurred.
(4a, Act 2710) ARTICLE 103. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. (5a, Act 2710) ARTICLE 104. After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each other and manage their respective property.
The husband shall continue to manage the conjugal partnership property but if the court deems it proper, it may appoint another to manage said property, in which case the administrator shall have the same rights and duties as a guardian and shall not be allowed to dispose of the income or of the capital except in accordance with the orders of the court.
(6, Act 2710) ARTICLE 105. During the pendency of legal separation proceedings the court shall make provision for the care of the minor children in accordance with the circumstances, and may order the conjugal partnership property or the income therefrom to be set aside for their support; and in default thereof said minor children shall be cared for in conformity with the provisions of this Code; but the Court shall abstain from making any order in this respect in case the parents have by mutual agreement, made provision for the care of said minor children and these are, in the judgment of the court, well cared for.
- 7a, Act 2710) ARTICLE 106.
- The decree of legal separation shall have the following effects: (1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed; (2) The conjugal partnership of gains or the absolute conjugal community of property shall be dissolved and liquidated, but the offending spouse shall have no right to any share of the profits earned by the partnership or community, without prejudice to the provisions of article 176; (3) The custody of the minor children shall be awarded to the innocent spouse, unless otherwise directed by the court in the interest of said minors, for whom said court may appoint a guardian; (4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession.
Moreover, provisions in favor of the offending spouse made in the will of the innocent one shall be revoked by operation of law. (n) ARTICLE 107. The innocent spouse, after a decree of legal separation has been granted, may revoke the donations by reason of marriage made by him or by her to the offending spouse.
- Alienations and mortgages made before the notation of the complaint for revocation in the Registry of Property shall be valid.
- This action lapses after four years following the date the decree became final.
- N) ARTICLE 108.
- Reconciliation stops the proceedings for legal separation and rescinds the decree of legal separation already rendered.
The revival of the conjugal partnership of gains or of the absolute conjugal community of property shall be governed by article 195. (10a, Act 2710) TITLE V Rights and Obligations Between Husband and Wife ARTICLE 109. The husband and wife are obliged to live together, observe mutual respect and fidelity, and render mutual help and support.
56a) ARTICLE 110. The husband shall fix the residence of the family. But the court may exempt the wife from living with the husband if he should live abroad unless in the service of the Republic. (58a) ARTICLE 111. The husband is responsible for the support of the wife and the rest of the family. These expenses shall be met first from the conjugal property, then from the husband’s capital, and lastly from the wife’s paraphernal property.
In case there is a separation of property, by stipulation in the marriage settlements, the husband and wife shall contribute proportionately to the family expenses. (n) ARTICLE 112. The husband is the administrator of the conjugal property, unless there is a stipulation in the marriage settlements conferring the administration upon the wife.
She may also administer the conjugal partnership in other cases specified in this Code. (n) ARTICLE 113. The husband must be joined in all suits by or against the wife, except: (1) When they are judicially separated; (2) If they have in fact been separated for at least one year; (3) When there is a separation of property agreed upon in the marriage settlements; (4) If the administration of all the property in the marriage has been transferred to her, in accordance with articles 196 and 197; (5) When the litigation is between the husband and wife; (6) If the suit concerns her paraphernal property; (7) When the action is upon the civil liability arising from a criminal offense; (8) If the litigation is incidental to the profession, occupation or business in which she is engaged; (9) In any civil action referred to in articles 25 to 35; and (10) In an action upon a quasi-delict.
In the cases mentioned in Nos.7 to 10, the husband must be joined as a party defendant if the third paragraph of article 163 is applicable. (n) ARTICLE 114. The wife cannot, without the husband’s consent, acquire any property by gratuitous title, except from her ascendants, descendants, parents-in-law, and collateral relatives within the fourth degree.
- N) ARTICLE 115.
- The wife manages the affairs of the household.
- She may purchase things necessary for the support of the family, and the conjugal partnership shall be bound thereby.
- She may borrow money for this purpose, if the husband fails to deliver the proper sum.
- The purchase of jewelry and precious objects is voidable, unless the transaction has been expressly or tacitly approved by the husband, or unless the price paid is from her paraphernal property.
(62a) ARTICLE 116. When one of the spouses neglects his or her duties to the conjugal union or brings danger, dishonor or material injury upon the other, the injured party may apply to the court for relief. The court may counsel the offender to comply with his or her duties, and take such measures as may be proper.
N) ARTICLE 117. The wife may exercise any profession or occupation or engage in business. However, the husband may object, provided: (1) His income is sufficient for the family, according to its social standing, and (2) His opposition is founded on serious and valid grounds. In case of disagreement on this question, the parents and grandparents as well as the family council, if any, shall be consulted.
If no agreement is still arrived at, the court will decide whatever may be proper and in the best interest of the family. (n) TITLE VI Property Relations Between Husband and Wife CHAPTER 1 General Provisions ARTICLE 118. The property relations between husband and wife shall be governed in the following order: (1) By contract executed before the marriage; (2) By the provisions of this Code; and (3) By custom.
- 1315a) ARTICLE 119.
- The future spouses may in the marriage settlements agree upon absolute or relative community of property, or upon complete separation of property, or upon any other regime.
- In the absence of marriage settlements, or when the same are void, the system of relative community or conjugal partnership of gains as established in this Code, shall govern the property relations between husband and wife.
(n) ARTICLE 120. A minor who according to law may contract marriage, may also execute his or her marriage settlements; but they shall be valid only if the persons designated by law to give consent to the marriage of the minor take part in the ante-nuptial agreement.
In the absence of the parents or of a guardian, the consent to the marriage settlements will be given by the family council. (1318a) ARTICLE 121. 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 Art.191.
(1319a) ARTICLE 122. The marriage settlements and any modification thereof shall be governed by the Statute of Frauds, and executed before the celebration of the marriage. They shall not prejudice third persons unless they are recorded in the Registry of Property.
- 1321a) ARTICLE 123.
- For the validity of marriage settlements executed by any person upon whom a sentence of civil interdiction has been pronounced, the presence and participation of the guardian shall be indispensable, who for this purpose shall be designated by a competent court, in accordance with the provisions of the Rules of Court.
(1323a) ARTICLE 124. If the marriage is between a citizen of the Philippines and a foreigner, whether celebrated in the Philippines or abroad, the following rules shall prevail: (1) If the husband is a citizen of the Philippines while the wife is a foreigner, the provisions of this Code shall govern their property relations; (2) If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of the husband’s country shall be followed, without prejudice to the provisions of this Code with regard to immovable property.
- 1325a) ARTICLE 125.
- Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage shall be rendered void and without effect whatever, if the marriage should not take place.
- However, those stipulations that do not depend upon the celebration of the marriage shall be valid.
(1326a) CHAPTER 2 Donations by Reason of Marriage ARTICLE 126. Donations by reason of marriage are those which are made before its celebration, in consideration of the same and in favor of one or both of the future spouses. (1327) ARTICLE 127. These donations are governed by the rules on ordinary donations established in Title III of Book III, except as to their form which shall be regulated by the Statute of Frauds; and insofar as they are not modified by the following articles.
(1328a) ARTICLE 128. Minors may make and receive donations in their ante-nuptial contract, provided they are authorized by the persons who are to give their consent to the marriage of said minors. (1329a) ARTICLE 129. Express acceptance is not necessary for the validity of these donations. (1330) ARTICLE 130.
The future spouses may give each other in their marriage settlements as much as one-fifth of their present property, and with respect to their future property, only in the event of death, to the extent laid down by the provisions of this Code referring to testamentary succession.
1331a) ARTICLE 131. The donor by reason of marriage shall release the property donated from mortgages and all other encumbrances upon the same, with the exception of easements, unless in the marriage settlements or in the contracts the contrary has been stipulated. (1332a) ARTICLE 132. A donation by reason of marriage is not revocable, save in the following cases: (1) If it is conditional and the condition is not complied with; (2) If the marriage is not celebrated; (3) When the marriage takes place without the consent of the parents or guardian, as required by law; (4) When the marriage is annulled, and the donee acted in bad faith; (5) Upon legal separation, the donee being the guilty spouse; (6) When the donee has committed an act of ingratitude as specified by the provisions of this Code on donations in general.
(1333a) ARTICLE 133. Every donation between the spouses during the marriage shall be void. This prohibition does not apply when the donation takes effect after the death of the donor. Neither does this prohibition apply to moderate gifts which the spouses may give each other on the occasion of any family rejoicing.
View complete answer
Can Article 21A be suspended?
Why are Articles 20 and 21 not suspended during an emergency? Answer at BYJU’S IAS The Supreme Court in a judgement ruled that the right to personal life and liberty are human rights and is not a ‘gift of the Constitution’. International Covenant on Civil and Political Rights, art.4 recognises the right to life and personal liberty to be a non-derogable right even during times of emergency. : Why are Articles 20 and 21 not suspended during an emergency? Answer at BYJU’S IAS
View complete answer
What does Article 47 say?
From Wikipedia, the free encyclopedia Jump to navigation Jump to search India’s constitution is very vast. There is a separate article for each and every prospective. Article 47 of The Constitution of India is one of the Directive Principles which directs the State to raise the level of nutrition and the standard of living and to improve public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of intoxicating drinks and drugs which are injurious to health.
View complete answer
What does Article 46 says?
Article 46 ‘The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Sche- duled Tribes, and shall protect them from social injustice and all forms of exploitation.’
View complete answer
What does Article 45 TFEU mean?
Article 45 – Freedom of movement and of residence – 1. Every citizen of the Union has the right to move and reside freely within the territory of the Member States.2. Freedom of movement and residence may be granted, in accordance with the Treaties, to nationals of third countries legally resident in the territory of a Member State. Explanations
Text: The right guaranteed by paragraph 1 is the right guaranteed by Article 20(2)(a) of the Treaty on the Functioning of the European Union (cf. also the legal base in Article 21; and the judgment of the Court of Justice of 17 September 2002, Case C-413/99 Baumbast ECR I-7091). In accordance with Article 52(2) of the Charter, those rights are to be applied under the conditions and within the limits defined by the Treaties. Paragraph 2 refers to the power granted to the Union by Articles 77, 78 and 79 of the Treaty on the Functioning of the European Union. Consequently, the granting of this right depends on the institutions exercising that power. Source: Official Journal of the European Union C 303/17 – 14.12.2007
Case Law References
V. v Stolichna obshtina, rayon „Pancharevo” Decision date: 14 December 2021 Deciding body type: Court of Justice of the European Union Deciding body: Court (Grand Chamber) ECLI (European case law identifier): ECLI:EU:C:2021:1008 Ordre des barreaux francophones et germanophone and Others v Conseil des ministres Decision date: 22 June 2021 Deciding body type: Court of Justice of the European Union Deciding body: Court (Grand Chamber) Policy area: Free movement and equality ECLI (European case law identifier): ECLI:EU:C:2021:505 FS v Staatssecretaris van Justitie en Veiligheid Decision date: 22 June 2021 Deciding body type: Court of Justice of the European Union Deciding body: Court (Grand Chamber) Policy area: Justice, freedom and security ECLI (European case law identifier): ECLI:EU:C:2021:506 Decision date: 10 December 2020 Deciding body type: Court of Justice of the European Union Deciding body: Court (Tenth Chamber) Policy area: Employment and social policy ECLI (European case law identifier): ECLI:EU:C:2020:1022 SIA „KOB” v Madonas novada pašvaldības Administratīvo aktu strīdu komisija Decision date: 11 June 2020 Deciding body type: Court of Justice of the European Union Deciding body: Court (Sixth Chamber) Policy area: Free movement and equality ECLI (European case law identifier): ECLI:EU:C:2020:463 claimant: XX, an individual, Hungarian national, against the defendant: General Prosecutors Office of the Slovak Republic (hereinafter only as “General Prosecutors Office”) Decision date: 11 February 2020 Deciding body type: National Court/Tribunal Deciding body: Constitutional Court ECLI (European case law identifier): ECLI:SK:USSR:2020:1.US.183/2019 Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne Decision date: 05 June 2018 Deciding body type: Court of Justice of the European Union Deciding body: Court (Grand Chamber) ECLI (European case law identifier): ECLI:EU:C:2018:385 Decision date: 13 July 2017 Deciding body type: National Court/Tribunal Deciding body: Supreme Court Policy area: Justice, freedom and security ECLI (European case law identifier): ECLI:HR:VSRH:2017:918 P.M.S. v the National Council for Combatting Discrimination Decision date: 03 March 2017 Deciding body type: National Court/Tribunal Deciding body: Alba Iulia Court of Appeal ECLI (European case law identifier): Kristian Bekefi et al v The Republic of Cyprus through the Minister of the Interior Decision date: 30 June 2016 Deciding body type: National Court/Tribunal Deciding body: Supreme Court, Appeal Jurisdiction ECLI (European case law identifier):
National Constitutional Law
View complete answer
What is Article 45 of Constitution of Pakistan?
2. According to the Article 45, ‘The President of Pakistan has power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority’.3.
View complete answer