Article 252, Chapter 1 of The Civil Code of the Philippines

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MAIN TOPIC :  CARE AND EDUCATION OF CHILDREN

            Sub-Topic:  CHAPTER 3 THE FAMILY COUNCIL 


Art. 252. The Court of First Instance may, upon application of any member of the family, a relative, or a friend, appoint a family council, whose duty it shall be to advise the court, the spouses, the parents, guardians and the family on important family questions.


DISCUSSION:

The article means that the Court of First Instance or in the Philippines, the Regional Trial Court (RTC) which is classified as the courts of general jurisdiction has the authority to appoint a family council. Family council is significant for it is its duty to advice the court, the spouses, the parents, guardians and family about legal matters and family questions that could affect to their lives"

The purpose of the family council is to protect and improve the quality of life for the family members in the home and to give families a voice in the decisions that affect their lives and the lives of  their loved ones.
Family council has the privilege and responsibility to hear and act on
concerns that family members have.
The family council is the body that represents the family in business. The members of the family council can specifically discuss the issues related to the coexistence of the family and the business.
Family Councils strive to provide a safe forum for families to share experiences, receive information and mutual support, discuss and seek solutions to common concerns and establish meaningful lines of communication between families and staff. Although every Family Council is unique and reflects the needs and interests of families in each long term care home, they all share a common goal: the enhancement of the quality of life for their residents.Family Council Meeting is one important thing to consider if you want to keep your family intact, and to even strengthen the closeness of the family members.
If the family is going through tough time, it is also the best way to discuss possible plans to carry out that may resolve or alleviate things. It is also the time when parents can discuss to their kids why they have to cross cut on some expenses, or maybe assign them to do certain tasks at home, to have equal sharing of chores.

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Article 253, Chapter 1 of The Civil Code of the Philippines

Posted by I love Philippines | Labels: ,

MAIN TOPIC :  CARE AND EDUCATION OF CHILDREN

            Sub-Topic:  CHAPTER 3 THE FAMILY COUNCIL 



Art. 253. The family council shall be composed of five members, who 


shall be relatives of the parties concerned. But the court may appoint 


one or two friends of the family. 




DISCUSSION:

The Philippine statute is clear about the composition of the the family council. Members shall composed of five who shall be the relatives of the family involved. Why Relatives? Because they are the ones who really see the activities of the family and they are directly affected to every decision made. In case of  lack of confidence of other members of the family, the court approves and allows the appointment of any close and trusted family friend, maximum only of two. 

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Article 254, Chapter 1 of The Civil Code of the Philippines

Posted by I love Philippines | Labels:

MAIN TOPIC :  CARE AND EDUCATION OF CHILDREN

            Sub-Topic:  CHAPTER 3 THE FAMILY COUNCIL 

Art. 254. The family council shall elect its chairman, and shall meet at the call of the latter or upon order of the court.




DISCUSSION/EXPLANATION:


    The family board and eventual successors to the board are elected during the family council session in every family meeting. Reelection is possible.

These are the positions that are to be elected in a family council.

·         The chairman cares for the correct accomplishment of the tasks and activities of the board. He calls the board to a meeting as often as the situation requires it or a member of the board requests. A board meeting is not necessary if all members declare their approbation in written form. Vote majority is decisive. If there is vote equity the chairman’s vote decides.

The record keeper -responsible for the updating of the family inventory and address index as well as for a yearly compilation of the personal status (births, marriages, deaths and biographies) which is published in the family bulletin. He writes a protocol of each meeting of the board and of the family council which ist countersigned by the chairman.

The treasurer- manages the family financial resources He has to report about income and expenditures to the family council and has to ask for discharge.

The assessors- support the named board members by petition in their work and work as advisors in the family board. The family board works voluntarily. Expenditures for the family are reimbursed against receipt.
.


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Article 255, Chapter 1 of The Civil Code of the Philippines

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Main Topic: PATERNITY AND FILIATION

Introduction And Discussion:

In our Civil Law, Paternity is the civil status of the father with in respect to the children begotten by him. Filiation is the civil status or relationship of the child to his mother or father.
Under the above article, Filiation may be by nature (by blood) or by adoption (by law). Whether it is by blood or by law, it does not exactly set forth a wall of separation between the terms because ones a legitimate child (related to him by blood) can be adopted by father or mother.
There are three kinds of children in the family code:
(a) Legitimate children which shall include those who are the result of artificial insemination and legitimated children

(b) Adopted children

(c) Illegitimate children



Definition of Legitimate Child


       - One conceived or born during the marriage of parents unless its status is impugned for causes provided by law.
 
Sub-topic: LEGITIMATE CHILDREN
 
Art. 255. Children born after one hundred and eighty days following the celebration of the marriage, and before three hundred days following its dissolution or the separation of the spouses shall be presumed to be legitimate.
Against this presumption no evidence shall be admitted other than that of the physical impossibility of the husband's having access to his wife within the first one hundred and twenty days of three hundred which preceded the birth of the child.
This physical impossibility may be caused:
(1) By the impotence of the husband;

(2) By the fact that the husband and wife were living separately, in such a way that access was not possible;

(3) By the serious illness of the husband. (108a)



DISCUSSION/EXPLANATION:


The above article lays down grounds under which the legitimacy of the child may be impugned (attacked),


           In no.1 ground is physical impossibility for the husband to have sexual intercourse with his wife within first 120 days (the period of conception) of the 300days that preceded the birth of the child and the causes for his physical impossibility are set forth in the law (above), namely: 


(a) physical incapacity of the husband to have sexual intercourse concededly impotent. Impotence is the inability of the male organ to copulation and perform its proper function,


(b) the fact that husband and the wife are living separately in such a way that they could not have sexual contact as when the husband is living abroad and (c) Serious illness of the husband in such a way that the illness absolutely prevents the husband from having sexual intercourse with the wife.

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Article 256, Chapter 1 of The Civil Code of the Philippines

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Main Topic: PATERNITY AND FILIATION
 
Sub-topic: LEGITIMATE CHILDREN
 
Art. 256. The child shall be presumed 


legitimate, although the mother may have 


declared against its legitimacy or may have been 


sentenced as an adulterous. (109)

DISCUSSION/EXPLANATION:

   The mother is estopped to disclaim the legitimacy of the child as far as she is concerned under the above article.


      The declaration of the mother against the legitimacy of the child is simply considered as not made. Such article is inadmissible as evidence rebut the presumption of legitimacy because the husband, for reasons of his own, may have forced or threatened the wife or the wife due to resentment, hate or some evil motive may have made the declaration in the certificate of birth of the child. There may also have been collusion between the husband and wife. Even the wife has been harboured an adulterer, she herself would not know for sure whether it was the husband or her paramour who generated life on her womb.


    Hence, in general, good moral and public policy require that a mother should not be permitted to assert the illegitimacy of the child born in wedlock in order to obtain some benefit for herself.

     The law is not willing that the child is declared illegitimate to suit the whims and purposes of either parents, not merely upon evidence that no actual act of sexual intercourse occurred between the husband and wife or at about the time the wife became pregnant. Thus where the husband denies having any intercourse with his wife, the child is presumed legitimate.

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Article 257, Chapter 1 of The Civil Code of the Philippines

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Main Topic: PATERNITY AND FILIATION
 
Sub-topic: LEGITIMATE CHILDREN
 
Art. 257. Should the wife commit adultery at or about the time of the conception of the child, but there was no physical impossibility of access between her and her husband as set forth in Article 255, the child is prima facie presumed to be illegitimate if it appears highly improbable, for ethnic reasons, that the child is that of the husband. For the purposes of this article, the wife's adultery need not be proved in a criminal case. (n)

DISCUSSION/EXPLANATION:

        Under the above article, the mother need not prove in a criminal case. The above article use biological reasons. The Article 257 of the Civil Code of the Philippines had infringement requirements: There simplified requirement without giving much importance to the adultery of that the wife might have committed. It is enough that the evidence may be presented for “biological reasons”, the child could not have been that of the husband. Expert medical testimony may be presented.



Example: Blood grouping test can be establish conclusively that the man is not the father of the child but not necessarily that the man is the father of the particulars child. It may have some probative value if the blood type and the combination in the child is rare. Thus, it is now up to the discretion of the judge whether to admit the results.

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Article 258, Chapter 1 of The Civil Code of the Philippines

Posted by I love Philippines | Labels: ,

Main Topic: PATERNITY AND FILIATION
 
Sub-topic: LEGITIMATE CHILDREN
 

Art. 258. A child born within one hundred eighty days following the celebration of the marriage is prima facie presumed to be legitimate. Such a child is conclusively presumed to be legitimate in any of these cases:
(1) If the husband, before the marriage, knew of the pregnancy of the wife;
(2) If he consented, being present, to the putting of his surname on the record of birth of the child;
(3) If he expressly or tacitly recognized the child as his own. (110a)


Dicussion/Explanation:


      Under the above article the child is presumed legitimate if the husband knew his wife's pregnancy before their marriage.upon the registration of the child, the husband was present and personally saw the putting of the husband's surname the child is presumed legitimate and recognized as his own child. 

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