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Legal capacity.
ARTICLE 8. Legal capacity. — 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.
Restrictions on capacity.
ARTICLE 9. Restrictions on capacity. — The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being deaf-mute, the condition of death-illness (marad-ul-maut), penalty, prodigality, absence, family relations, alienage, insolvency, and trusteeship. The consequences of these circumstances are governed by this Code and other Islamic laws and, in a suppletory manner, by other laws.
Personality, how acquired.
ARTICLE 10. Personality, how acquired. — Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born alive, however, briefly, at the time it is completely delivered from the mother's womb.
Extinction of personality.
ARTICLE 11. Extinction of personality. — (1) Civil personality is extinguished by death. The effect of death upon the rights and obligations of a deceased person is determined by this Code, by contract, and by will. (2) After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead.
Simultaneous death.
ARTICLE 12. Simultaneous death. — If, as between two or more persons who are called to succeed each other, there is a doubt 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 such proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other. However, the successional rights of their respective heirs shall not be affected.
Application.
ARTICLE 13. Application. — (1) The provisions of this Title shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines. (2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply. (3) Subject to the provisions of the preceding paragraphs, the essential requisites and legal impediments to marriage, divorce, paternity and filiation, guardianship and custody of minors, support and maintenance, claims for customary dower (mahr), betrothal, breach of contract to marry, solemnization and registration of marriage and divorce, rights and obligations between husband and wife, parental authority, and the property relations between husband and wife shall be governed by this Code and other applicable Muslim laws.
Nature.
ARTICLE 14. Nature. — Marriage is not only a civil contract but a social institution. Its nature, consequences and incidents are governed by this Code and the Shari'a and not subject to stipulation, except that the marriage settlements may to a certain extent fix the property relations of the spouses.
Essential requisites.
ARTICLE 15. Essential requisites. — No marriage contract shall be perfected unless the following essential requisites are complied with: (a) Legal capacity of the contracting parties; (b) Mutual consent of the parties freely given; (c) Offer (ijab) and acceptance (qabul) duly witnessed by at least two competent persons after the proper guardian in marriage (wali) has given his consent; and (d) Stipulation of customary dower (mahr) duly witnessed by two competent persons.
Capacity to contract marriage.
ARTICLE 16. Capacity to contract marriage. — (1) Any Muslim male at least fifteen years of age and any Muslim female of the age of puberty or upwards and not suffering from any impediment under the provisions of this Code may contract marriage. A female is presumed to have attained puberty upon reaching the age of fifteen. (2) However, the Shari'a District Court may, upon petition of a proper wali, order the solemnization of the marriage of a female who though less than fifteen but not below twelve years of age, has attained puberty. (3) Marriage through a wali by a minor below the prescribed ages shall be regarded as betrothal and may be annulled upon the petition of either party within four years after attaining the age of puberty, provided no voluntary cohabitation has taken place and the wali who contracted the marriage was other than the father or paternal grandfather.
Marriage ceremony.
ARTICLE 17. Marriage ceremony. — No particular form of marriage ceremony is required but the ijab and the gabul in marriage shall be declared publicly in the presence of the person solemnizing the marriage and two competent witnesses. This declaration shall be set forth in an instrument in triplicate, signed or marked by the contracting parties and said witnesses, and attested by the person solemnizing the marriage. One copy shall be given to the contracting parties and another sent to the Circuit Registrar by the solemnizing officer who shall keep the third.
Authority to solemnize marriage.
ARTICLE 18. Authority to solemnize marriage. — Marriage may be solemnized: (a) By the proper wali of the woman to be wedded; (b) Upon authority of the proper wali, by any person who is competent under Muslim law to solemnize marriage; or (c) By the judge of the Shari'a District Court of Shari'a Circuit Court or any person designated by the judge, should the proper wali refuse without justifiable reason, to authorize the solemnization.
Place of solemnization.
ARTICLE 19. Place of solemnization. — Marriage shall be solemnized publicly in any mosque, office of the Shari'a judge, office of the District or Circuit Registrar, residence of the bride or her wali, or at any other suitable place agreed upon by the parties.
Specification of dower.
ARTICLE 20. Specification of dower. — The amount or value of dower may be fixed by the contracting parties (marh-musamma) before, during, or after the celebration of the marriage. If the amount or the value thereof has not been so fixed, a proper dower (mahr-mithl) shall, upon petition of the wife, be determined by the court according to the social standing of the parties.
Payment of dower.
ARTICLE 21. Payment of dower. — Subject to the stipulation of the parties, the dower may be fully or partially paid before, during, or after the marriage. The property or estate of the husband shall be liable for the unpaid dower, or any part thereof.
Breach of contract.
ARTICLE 22. Breach of contract. — Any person who has entered into a contract to marry but subsequently refuses without reasonable ground to marry the other party who is willing to perform the same shall pay the latter the expenses incurred for the preparation of the marriage and such damages as may be granted by the court. SECTION 2. — Prohibited Marriages.
Bases of prohibition.
ARTICLE 23. Bases of prohibition. — No marriage may be contracted by parties within the prohibited degrees: (a) Of consanguinity; (b) Of affinity; and (c) Of fosterage.
Prohibition by consanguinity (tahrimjbin-nasab).
ARTICLE 24. Prohibition by consanguinity (tahrimjbin-nasab). — No marriage shall be contracted between: cdtai (a) Ascendants and descendants of any degree; (b) Brothers and sisters, whether germane, consanguine or uterine; and (c) Brothers or sisters and their descendants within the third civil degree.
Prohibition by affinity (tahrim-bill-musahara).
ARTICLE 25. Prohibition by affinity (tahrim-bill-musahara). — (1) No marriage shall be contracted between: (a) Any of the spouses and their respective affinal relatives in the ascending line and in the collateral line within the third degree; (b) Stepfather and stepdaughter when the marriage between the former and the mother of the latter has been consummated; (c) Stepmother and stepson when the marriage between the former and the father of the latter has been consummated; and (d) Stepson or stepdaughter and the widow, widower or divorcee of their respective ascendants. (2) The prohibition under this article applies even after the dissolution of the marriage creating the affinal relationship.
Prohibition due to fosterage (tahrim-bir-rada'a).
ARTICLE 26. Prohibition due to fosterage (tahrim-bir-rada'a). — (1) No person may validly contract marriage with any woman who breastfed him for at least five times within two years after his birth. (2) The prohibition on marriage by reason of consanguinity shall likewise apply to persons related by fosterage within the same degrees, subject to exception recognized by Muslim law. SECTION 3. — Subsequent Marriages.
By a husband.
ARTICLE 27. By a husband. — Notwithstanding the rule of Islamic law permitting a Muslim to have more than one wife but not more than four at a time, no Muslim male can have more than one wife unless he can deal with them with equal companionship and just treatment as enjoined by Islamic law and only in exceptional cases.
By widow.
ARTICLE 28. By widow. — No widow shall contract a subsequent marriage unless she has observed an 'idda of four months and ten days counted from the date of the death of her husband. If at that time the widow is pregnant, she may remarry within a reasonable time after delivery. In such case, she shall produce the corresponding death certificate.
By divorcee.
ARTICLE 29. By divorcee. — (1) No woman shall contract a subsequent marriage unless she has observed an 'idda of three monthly courses counted from the date of divorce. However, if she is pregnant at the time of the divorce, she may remarry only after delivery. (2) Should a repudiated woman and her husband reconcile during her 'idda, he shall have a better right to take her back without need of a new marriage contract. (3) Where it is indubitable that the marriage has not been consummated when the divorce was affected, no 'idda shall be required.
Marriage after three talaq.
ARTICLE 30. Marriage after three talaq. — (1) Where a wife has been thrice repudiated (talaq bain lubra) on three different occasions by her husband, he cannot remarry her unless she shall have married another person who divorces her after consummation of the intervening marriage and the expiration of the 'idda. (2) No solemnizing officer shall perform the subsequent marriage mentioned in the preceding paragraph unless he has ascertained that there was no collusion among the parties. SECTION 4. Batil and Fasi Marriages. —
Batil marriages.
ARTICLE 31. Batil marriages. — The following marriages shall be void (batil) from the beginning: (a) Those contracted contrary to Articles 23, 24, 25 and 26; (b) Those contracted in contravention of the prohibition against unlawful conjunction; and (c) Those contracted by parties one or both of whom have been found guilty of having killed the spouse of either of them.
Fasid marriages.
ARTICLE 32. Fasid marriages. — The following marriages shall be irregular (fasid) from their performance: (a) Those contracted with a female observing 'idda; (b) Those contracted contrary to Article 30; (c) Those wherein the consent of either party is vitiated by violence, intimidation, fraud, deceit or misrepresentation; (d) Those contracted by a party in a condition of death-illness (marad-ul-mault) without the same being consummated; (e) Those contracted by a party in a state of ihram; and (f) Mixed marriages not allowed under Islamic law.
Validation of irregular marriages.
ARTICLE 33. Validation of irregular marriages. — (1) Irregular marriages may be made regular by a new marriage contract in the following cases: (a) Those referred to in Article 32(a), after the impediment has been removed; (b) Those referred to in Article 32(b), upon compliance with the requirement of Article 30; (c) Those referred to in Article 32(c), after the causes vitiating consent have ceased; (d) Those referred to in Article 32(d), in case the party recovers; (e) Those referred to in Article 32(e), when the party is no longer in a state of ihram; and (f) Those referred to in Article 32(f), after conversion to a faith that could have made the marriage valid. (2) The effects of the new marriage under the first paragraph shall retroact to the date of the celebration of the irregular marriage. SECTION 5. —Rights and Obligations Between Spouses.
Mutual rights and obligations.
ARTICLE 34. Mutual rights and obligations. — (1) The husband and the wife are obliged to live together, observe mutual respect and fidelity, and render mutual help and support in accordance with this Code. (2) 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 petition 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. (3) The husband and the wife shall inherit from each other in accordance with this Code. (4) The husband and the wife shall have the right to divorce in accordance with this Code.
Rights and obligations of the husband.
ARTICLE 35. Rights and obligations of the husband. — The husband shall fix the residence of the family. The court may exempt the wife from living with her husband on any of the following grounds: (a) Her dower is not satisfied in accordance with the stipulations; or (b) The conjugal dwelling is not in keeping with her social standing or is, for any reason, not safe for the members of the family or her property.
Rights and obligations of the wife.
ARTICLE 36. Rights and obligations of the wife. — (1) The wife shall dutifully manage the affairs of the household. She may purchase things necessary for the maintenance of the family, and the husband shall be bound to reimburse the expenses, if he has not delivered the proper sum. (2) The wife cannot, without the husband's consent, acquire any property by gratuitous title, except from her relatives who are within the prohibited degrees in marriage. (3) The wife may, with her husband's consent, exercise any profession or occupation or engage in lawful business which is in keeping with Islamic modesty and virtue. However, if the husband refuses to give his consent on the ground that his income is sufficient for the family according to its social standing or his opposition is based on serious and valid grounds, the matter shall be referred to the Agama Arbitration Council. (4) The wife shall have the right to demand the satisfaction of her mahr. (5) Unless otherwise stipulated in the marriage settlements, the wife retain ownership and administration of her exclusive property. (6) The wife shall be entitled to an equal and just treatment by the husband. SECTION 6. —Property Relations Between Spouses.
How governed.
ARTICLE 37. How governed. — The property relations between husband and wife shall be governed in the following order: (a) By contract before or at the time of the celebration of marriage; (b) By the provisions of this Code; and (c) By custom.
Regime of property relations.
ARTICLE 38. Regime of property relations. — The property relations between the spouses, in the absence of any stipulation to the contrary in the marriage settlements or any other contract, shall be governed by the regime of complete separation of property in accordance with this Code and, in a suppletory manner, by the general principles of Islamic law and the Civil Code of the Philippines.
Stipulation in the marriage settlements.
ARTICLE 39. Stipulation in the marriage settlements. — Every stipulation in the marriage settlements or contract referred to in the preceding article shall be void and without effect whatsoever, should the marriage not take place. However, stipulations that do not depend upon the contract of marriage shall be valid.
Ante-nuptial property.
ARTICLE 40. Ante-nuptial property. — The wife shall not lose ownership and administration of all properties brought by her to the marriage in the absence of any written agreement to the contrary, and she may dispose of the same by deed or otherwise even without the consent of her husband.
Exclusive property of each spouse.
ARTICLE 41. Exclusive property of each spouse. — The following shall be the exclusive property of either spouse: (a) Properties brought to the marriage by the husband or the wife; (b) All income derived by either spouse from any employment, occupation or trade; (c) Any money or property acquired by either spouse during marriage by lucrative title; (d) The dower (mahr) of the wife and nuptial gifts to each spouse; (e) Properties acquired by right of redemption, purchase or exchange of the exclusive property of either; and (f) All fruits of properties in the foregoing paragraphs.
Ownership and administration.
ARTICLE 42. Ownership and administration. — Each spouse shall own, possess, administer, enjoy and dispose of his or her own exclusive estate even without the consent of the other. However, the court may, upon petition of either spouse, grant to the other the administration of such property.
Household property.
ARTICLE 43. Household property. — Household property which customarily pertains to or is used by either spouse shall be prima facie presumed to be the property of said spouse.
Right to sue and be sued.
ARTICLE 44. Right to sue and be sued. — The wife may, independently of the husband, sue or be sued in the following cases: (a) When the litigation is between husband and wife; (b) If the suit concerns her exclusive property; (c) If the litigation is incidental to her profession, occupation or business; (d) If the litigation concerns the exclusive property of the husband, the administration of which has been transferred to her; or (e) Such other appropriate cases as may be followed by the general principles of Islamic law and other laws.
Definition and forms.
ARTICLE 45. Definition and forms. — Divorce is the formal dissolution of the marriage bond in accordance with this Code to be granted only after the exhaustion of all possible means of reconciliation between the spouses. It may be effected by: (a) Repudiation of the wife by the husband (talaq); (b) Vow of continence by the husband (ila); (c) Injurious assimilation of the wife by the husband (zihar); (d) Acts of imprecation (li'an); (e) Redemption by the wife (khul'); (f) Exercise by the wife of the delegated right to repudiate (tafwld); or (g) Judicial decree (faskh).
Divorce by talaq.
ARTICLE 46. Divorce by talaq. — (1) A divorce by talaq may be effected by the husband in a single repudiation of his wife during her non-menstrual period (tuhr) within which he has totally abstained from carnal relation with her. Any number of repudiations made during one tuhr shall constitute only one repudiation and shall become irrevocable after the expiration of the prescribed 'idda. (2) A husband who repudiates his wife, either for the first or second time, shall have the right to take her back (ruju) within the prescribed 'idda by resumption of cohabitation without need of a new contract of marriage. Should he fail to do so, the repudiation shall become irrevocable (Talaq bain sugra).
Divorce by Ila.
ARTICLE 47. Divorce by Ila. — Where a husband makes a vow to abstain from any carnal relations (ila) with his wife and keeps such ila for a period of not less than four months, she may be granted a decree of divorce by the court after due notice and hearing.
Divorce by zihar.
ARTICLE 48. Divorce by zihar. — Where the husband has injuriously assimilated (zihar) his wife to any of his relatives within the prohibited degrees of marriage, they shall mutually refrain from having carnal relation until he shall have performed the prescribed expiation. The wife may ask the court to require her husband to perform the expiation or to pronounce a regular talaq should he fail or refuse to do so, without prejudice to her right of seeking other appropriate remedies.
Divorce by li'an.
ARTICLE 49. Divorce by li'an. — Where the husband accuses his wife in court of adultery, a decree of perpetual divorce may be granted by the court after due hearing and after the parties shall have performed the prescribed acts of imprecation (li'an).
Divorce by khul'.
ARTICLE 50. Divorce by khul'. — The wife may, after having offered to return or renounce her dower or to pay any other lawful consideration for her release (khul') from the marriage bond, petition the court for divorce. The court shall, in meritorious cases and after fixing the consideration, issue the corresponding decree.
Divorce by tafwid.
ARTICLE 51. Divorce by tafwid. — If the husband has delegated (tafwid) to the wife the right to effect a talaq at the time of the celebration of the marriage or thereafter, she may repudiate the marriage and the repudiation would have the same effect as if it were pronounced by the husband himself.
Divorce by faskh.
ARTICLE 52. Divorce by faskh. — The court may, upon petition of the wife, decree a divorce by faskh on any of the following grounds : (a) Neglect or failure of the husband to provide support for the family for at least six consecutive months; (b) Conviction of the husband by final judgment sentencing him to imprisonment for at least one year; (c) Failure of the husband to perform for six months without reasonable cause his marital obligation in accordance with this code; (d) Impotency of the husband; (e) Insanity or affliction of the husband with an incurable disease which would make the continuance of the marriage relationship injurious to the family; (f) Unusual cruelty of the husband as defined under the next succeeding article; or (g) Any other cause recognized under Muslim law for the dissolution of marriage by faskh either at the instance of the wife or the proper wali.
Faskh on the ground of unusual cruelty.
ARTICLE 53. Faskh on the ground of unusual cruelty. — A decree of faskh on the ground of unusual cruelty may be granted by the court upon petition of the wife if the husband: (a) Habitually assaults her or makes her life miserable by cruel conduct even if this does not result in physical injury; (b) Associates with persons of ill-repute or leads an infamous life or attempts to force the wife to live an immoral life; (c) Compels her to dispose of her exclusive property or prevents her from exercising her legal rights over it; (d) Obstructs her in the observance of her religious practices; or (e) Does not treat her justly and equitably as enjoined by Islamic law.
Effects of irrevocable talaq or faskh.
ARTICLE 54. Effects of irrevocable talaq or faskh. — A talaq or faskh, as soon as it becomes irrevocable, shall have the following effects: (a) The marriage bond shall be severed and the spouses may contract another marriage in accordance with this Code; (b) The spouses shall lose their mutual rights of inheritance; (c) The custody of children shall be determined in accordance with Article 78 of this code; (d) The wife shall be entitled to recover from the husband her whole dower in case the talaq has been affected after the consummation of the marriage, or one-half thereof if effected before its consummation; (e) The husband shall not be discharged from his obligation to give support in accordance with Article 67; and (f) The conjugal partnership, if stipulated in the marriage settlements, shall be dissolved and liquidated.
Effects of other kinds of divorce.
ARTICLE 55. Effects of other kinds of divorce. — The provisions of the article immediately preceding shall apply to the dissolution, of marriage by ila, zihar, li'an and khul', subject to the effects of compliance with the requirements of the Islamic law relative to such divorces. SECTION 2. —'Idda.
'Idda defined.
ARTICLE 56.'Idda defined. — 'Idda is the period of waiting prescribed for a woman whose marriage has been dissolved by death or by divorce the completion of which shall enable her to contract a new marriage.
Period.
ARTICLE 57. Period. — (1) Every wife shall be obliged to observe 'idda as follows: (a) In case of dissolution of marriage by death, four months and ten days counted from the death of her husband; (b) In case of termination of marriage by divorce, for three monthly courses; or (c) In case of a pregnant woman, for a period extending until her delivery. (2) Should the husband die while the wife is observing 'idda for divorce, another 'idda for death shall be observed in accordance with paragraph 1(a).
Legitimacy, how established.
ARTICLE 58. Legitimacy, how established. — Legitimacy of filiation is established by evidence of valid marriage between the father and the mother at the time of the conception of the child.
Legitimate children.
ARTICLE 59. Legitimate children. — (1) Children conceived in lawful wedlock shall be presumed to be legitimate. Whoever claims illegitimacy of or impugns such filiation must prove his allegation. (2) Children born after six months following the consummation of marriage or with two years after the dissolution of the marriage shall be presumed to be legitimate. Against this presumption no evidence shall be admitted other than that of the physical impossibility of access between the parents at or about the time of the conception of the child.
Children of subsequent marriage.
ARTICLE 60. Children of subsequent marriage. — Should the marriage be dissolved and the wife contracts another marriage after the expiration of her 'IDDA, the child born within six months from the dissolution of the prior marriage shall be presumed to have been conceived during the former marriage, and if born thereafter, during the latter.
Pregnancy after dissolution.
ARTICLE 61. Pregnancy after dissolution. — If, after the dissolution of marriage, the wife believes that she is pregnant by her former husband, she shall, within thirty days from the time she became aware of her pregnancy, notify the former husband or his heirs of that fact. The husband or his heirs may ask the court to take measures to prevent a simulation of birth.
Rights of legitimate child.
ARTICLE 62. Rights of legitimate child. — A legitimate child shall have the right: (a) To bear the surnames of the father and of the mother; (b) To receive support from the father or, in his default, from his heirs in accordance with Articles 65 and 68; and (c) To share in the legitimate (furud) and other successional rights which this Code recognizes in his favor.
Acknowledgment by father.
ARTICLE 63. Acknowledgment by father. — Acknowledgment (igra) of a child by the father shall establish paternity and confer upon each the right to inherit from the other exclusively in accordance with Article 94, provided the following conditions are complied with: (a) The acknowledgment is manifested by the father's acceptance in public that he is the father of the child who does not impugn it; and (b) The relations does not appear impossible by reason of disparity in age.
Adoption.
ARTICLE 64. Adoption. — No adoption in any form shall confer upon any person the status and rights of a legitimate child under Muslim law, except that said person may receive a gift (hiba).
Support defined.
ARTICLE 65. Support defined. — Support (nafaqa) includes everything that is indispensable for sustenance, dwelling, clothing and medical attendance according to the social standing of the person obliged to give it, and the education of the person entitled to the support until he completes his education, training, or vocation even beyond the age of majority.
Amount.
ARTICLE 66. Amount. — The amount of support shall be in proportion to the resources of the giver and to the needs of the recipient.
Support for wife and infant.
ARTICLE 67. Support for wife and infant. — (1) The wife shall be entitled to support during the marriage. In cases of divorce, (talaq), her right shall be extended up to the expiration of the 'idda. However, in case the wife is pregnant at the time of the separation, she shall be entitled to support until delivery. (2) Any divorced nursing mother who continues to breastfeed her child for two years shall be entitled to support until the time of weaning.
Support between ascendants and descendants.
ARTICLE 68. Support between ascendants and descendants. — The ascendants and descendants shall be obliged to support each other in the order in which they are called to succeed by intestacy the person who has a right to claim support.
Payment.
ARTICLE 69. Payment. — (1) The obligation to support shall be demandable from the time the recipient needs it for maintenance, but it shall not be paid except from the date it is extrajudicially demanded. (2) Payment shall be made daily, weekly or monthly in advance, and when the recipient dies, his heirs shall not be obliged to return what he had received in advance. (3) If the recipient is the wife, the rule established in the foregoing paragraph shall apply even though the marriage is dissolved.
Extinguishment of support.
ARTICLE 70. Extinguishment of support. — The obligation to support shall cease: (a) Upon the death of the recipient; (b) When the resources of the obligor have been so reduced that he cannot give the support without neglecting his own need and those of his family, except that in the case of the spouses, the husband, though needy, is obliged to support the wife; or (c) When the recipient commits any act which would give rise to disqualification to inherit or denial of support under Muslim law.
Who exercises.
ARTICLE 71. Who exercises. — (1) The father and the mother shall jointly exercise just and reasonable parental authority and fulfill their responsibility over their legitimate and acknowledged children. In case of disagreement, the father's decision shall prevail unless there is a judicial order to the contrary. (2) The mother shall exercise parental authority over her children born out of wedlock, but the court may, when the best interests of the children so require, appoint a general guardian.
Duty to parents.
ARTICLE 72. Duty to parents. — (1) Children shall respect, revere, and obey their parents always unless the latter cast them into disbelief. (2) Grandparents are likewise entitled to respect and reverence, and shall be consulted whenever practicable by all members of the family on all important questions.
Duty to children.
ARTICLE 73. Duty to children. — Every parent and every person exercising parental authority shall see to it that the rights of the children are respected, and their duties complied with, and shall particularly by precept and example, imbue them with religious and civic attachment to the ideal of permanent world peace.
Effects upon person of children.
ARTICLE 74. Effects upon person of children. — The parents have, with respect to their unemancipated children: (a) The duty to support them, have them in their company, educate and instruct them in keeping with their means and represent them in all actions which shall redound to their benefits; and (b) The power to correct, discipline, and punish them moderately.
Effects upon property of children.
ARTICLE 75. Effects upon property of children. — (1) The father, or in his absence the mother, shall be the legal administrator of the property of the child under parental authority. If the property is worth more than five thousand pesos, the father or the mother shall give a bond to be approved by the court. (2) The court may appoint a guardian (wasi) in the absence of one who is natural or testamentary.
Parental authority non-transferable.
ARTICLE 76. Parental authority non-transferable. — Parental authority can neither be renounced nor transferred except as otherwise provided in this Code and the general principles of Islamic law.
Extinguishment of parental authority.
ARTICLE 77. Extinguishment of parental authority. — (1) Parental authority terminates upon the death of the parents or the child, or upon emancipation. (2) Subject to Article 78, the widowed mother who contracts a subsequent marriage shall lose parental authority and custody over all children by the deceased husband, unless the second husband is related to them within the prohibited degrees of consanguinity. (3) The court may deprive a person of parental authority or suspend the exercise thereof if he treats his children with excessive harshness, gives then corrupting or immoral orders and counsel, or abandons them.
Care and custody.
ARTICLE 78. Care and custody. — (1) The care and custody of children below seven years of age whose parents are divorced shall belong to the mother or, in her absence, to the maternal grandmother, the paternal grandmother, the sister and aunts. In their default, it shall devolve upon the father and the nearest paternal relatives. The minor above seven years of age but below the age of puberty may choose the parent with whom he wants to stay. (2) The unmarried daughter who has reached the age of puberty shall stay with the father; the son, under the same circumstances, shall stay with the mother.
Guardian for marriage (wali).
ARTICLE 79. Guardian for marriage (wali). — The following persons shall have authority to act as guardian for marriage (wali) in the order of precedence: (a) Father (b) Paternal grandfather; (c) Brother and other paternal relatives; (d) Paternal grandfather's executor or nominee; or (e) The court.
Guardian of minor's property.
ARTICLE 80. Guardian of minor's property. — The following persons shall exercise guardianship over the property of minors in the order of precedence: (a) Father; (b) Father's executor or nominee; (c) Paternal grandfather; (d) Paternal grandfather's nominee; or (e) The court.
District Registrar.
ARTICLE 81. District Registrar. — The Clerk of Court of the Shari'a District Court shall, in addition to his regular functions, act as District Registrar of Muslim Marriages, Divorces, Revocations of Divorces, and Conversions within the territorial jurisdiction of said court. The Clerk of Court of the Shari'a Circuit Court shall act as Circuit Registrar of Muslim Marriages, Divorces, Revocations of Divorces, and Conversions within his jurisdiction.
Duties of District Registrar.
ARTICLE 82. Duties of District Registrar. — Every District Registrar shall exercise supervision over Circuit Registrars in every Shari'a District. He shall, in addition to an entry book, keep and bind copies of certificates of Marriage, Divorce, Revocation of Divorce, and Conversion sent to him by the Circuit Registrars in separate general registers. He shall send copies in accordance with Act No. 3753, as amended, to the office of the Civil Registrar-General.
Duties of Circuit Registrar.
ARTICLE 83. Duties of Circuit Registrar. — Every Circuit Registrar shall: (a) File every certificate of marriage (which shall specify the nature and amount of the dower agreed upon), divorce or revocation of divorce and conversion and such other documents presented to him for registration; (b) Compile said certificates monthly, prepare and send any information required of him by the District Registrar; (c) Register conversions involving Islam; (d) Issue certified transcripts or copies of any certificate or document registered upon payment of the required fees; (e) Send to the District Registrar during the first ten days of each month a copy of the entries made during the previous month; (f) Index the same for easy reference and identification in case any information is required; and (g) Administer oaths, free of charge, for civil registry purposes.
Cancellation or Correction of Entry.
ARTICLE 84. Cancellation or Correction of Entry. — Any entry in the District or Circuit Register may, upon verified petition of any interested party, be corrected upon order of the Shari'a District Court, subject to the provisions of the Rules of Court. Every Registrar shall be civilly responsible for any unauthorized alteration made in the registry to any person suffering damage thereby. However, the Registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration.
Registration of revocation of divorce.
ARTICLE 85. Registration of revocation of divorce. — Within seven days after the revocation of a divorce by ruju', the husband shall, with the wife's written consent, file a statement thereof with the Circuit Registrar in whose records that divorce was previously entered.
Legal effects of registration.
ARTICLE 86. Legal effects of registration. — The books making up the registry of marriage, divorce, revocation of divorce, conversion, and all other documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. However, nothing herein provided shall affect the intrinsic validity or invalidity of the acts registered.
Applicability of other civil registry law.
ARTICLE 87. Applicability of other civil registry law. — To the extent not inconsistent with the provisions of this Code, the provisions of other registry laws governing other civil registrars shall be observed by district or circuit registrars.
Where registered.
ARTICLE 88. Where registered. — All other acts, events, or judicial decrees affecting civil status not mentioned in Chapter One of this Title shall be recorded in the existing civil registry of the city or municipality in accordance with special laws.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).