EMANCIPATION AND AGE OF MAJORITY

JAY PRINCESS P. SACUPASO

How does emancipation take place?

ART. 234 By attainment of majority

at the age of (18) eighteen years.

Note: Before majority commences at the age of 21

REPUBLIC ACT 6809 AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN YEARS

ART. 235

REPEALED BY REPUBLIC

ACT NO. 6809

Effects of emancipation

ART. 236Parental authority over the person and property of the child is terminated

Child shall be qualified and responsible for all acts of civil life, save exceptions established by existing laws.

CONTINUATION

•Contracting marriage shall require parental consent until the age of (21) twenty one.

•The responsibility of parents or guardians for children and wards below (21) twenty-one under the second and third paragraphs of Art.2180 of the Civil Code shall not be derogated.

SECOND PARAGRAPH OF ART. 236

• Contracting parties shall require parental consent until the age of twenty one

THIS PROVISION, HOWEVER DOES NOT MAKE PARENTAL CONSENT AS ESSENTIAL NOR FORMAL REQUIREMENT OF MARRIAGE IN THE SENSE THAT ITS ABSENCE WILL RENDER THE MARRIAGE VOID .

THE REQUIREMENT IS A RECOGNIZITION OF FILIPINO CULTURE AND TRADITION

LAST PARAGRAPH OF ART. 236

The idea of the last paragraph is to hold parents and guardians responsible for acts or omissions of their children or ward (18 and above but under the age of 21)

In case of death and incapacity of the father, the mother is liable for the damages.

In case of guardian, they are liable if said person is under their authority.

SUMMARY JUDICIAL PROCEEDINGS IN FAMILY

LAW

Matters subject to summary proceedings

Petition for judicial authority to administer or encumber specific separate property of the abandoning spouse.

Petition for an order providing for disciplinary measures over a child.

Petition for approval of bond of parents who exercise parental authority over the property of their children.

Judicial declaration of presumptive death.

Action of a child for delivery of presumptive legitimeJudicial determination of family domicile in case of disagreement between the spouses

Objection of one spouse as to the profession of the other.

Action entrusting parental authority over foundlings, abandoned, neglected or abused children to heads of institutions.

Annulment by wife of the husband's decision in the administration and enjoyment of community or conjugal property.

Appointment of one of the spouses as sole administrator but only when the other spouse is absent, or separated in fact, or has abandoned the other or the consent is withheld.

Matters subject to summary proceedings be decided in an expeditious manner, without regard to technical rules.

Separation in Fact (ART. 239

When a husband and wife are separated in fact, or one has abandoned the other and one of them seeks judicial authorization for a transaction where the consent of the spouse is required by the law but such consent cannot be obtained a verified petition may be filed in court with the necessary alleged facts.

the petition should be verified, which means that it should be under oath stating that the petitioner has caused the preparation and filing of the petition, that she or he knows the contents of the petition

ART. 240

Claims for damages by either spouse, except cost of the proceedings, may be litigated only in separate action

Art. 241 Jurisdiction over the petition shall be exercised by the proper court authorized to hear family cases.

Where is the proper court?The proper court is the regional trial court where either party resides.

Art. 242

The court shall notify the other spouse regarding the petition, ordering spouse to show cause why the petition should be granted.

Note: Notification is required

Art. 243

A preliminary conference shall be conducted without being assisted by counsel.

Art.244In case of non-appearances of the spouse, the court shall inquire into the reasons for non-appearances

Lawyers are not allowed so that the proceedings will not become unduly adversarial which can lead to a protracted case and since the issue pertains to very personal family decisions, it is better to let the parties decide the issues by themselves

At the succeeding conferences, if the court deems it to be useful, the parties may be assisted by their counsel.

Art. 245If despite all efforts, the

attendance of the non-consenting spouse is not secured, the court may proceed ex parte ( an ex parte judicial proceeding is conducted for the benefit of only one party) and render judgement as the facts and circumstances may warrant. In any event, the judge shall

endeavour to protect the interest of the non-appearing spouse.

ART. 246If petition is not resolved at the

initial conference, the petition shall be decided in a summary hearing based on: affidavit, documentary evidence or oral testimonies at the court’s sound discretion.If testimony is needed, the court

shall specify the witnesses to be heard as well as the subject-matter of their testimonies to be given. The parties are directed to present said witnesses.

ART. 247Judgment of the court shall be final and

executory. No further appeal is allowed.

An appeal by certiorari (asking the Supreme Court to review the decision of a lower court) to the Supreme Court may lie in the presence of abuse of discretion amounting to lack of jurisdiction.

ART. 248Petition for judicial authority

to administer or encumber specific separate property of the abandoning spouse and to use of fruits or proceeds thereof for the family‘s supports also to be govern by the rules.

INCIDENTS INVOLVING PARENTAL AUTHORITY

ART. 249 Petitions under art. 223, 225 and 235 involving parental authority shall be verified

continuation

ART. 223deals with a case seeking a court

order providing for disciplinary measures over the childART.225

deals with a case for approval of the bond required of parents who exercise parental authority over the property of their childrenand ART. 235

on emancipation

ART. 250

Petitions shall be filed in the proper court/ RTC where

the child resides.

ART. 251Upon filing the petition, the court

shall notify the parents or in their absence or incapacity, the individuals, entities or institutions exercising parental authority over the child.

OTHER MATTERS SUBJECT TO SUMMARY PROCEEDINGS

-Art. 41, 51, 69, 73, 96, 124 and 217 

Republic Act 9262

"Anti-Violence Against Women and Their Children Act of 2004"

The Anti-VAWCA is a result of nine years of advocacy of victim-survivors, women’s rights and human rights advocates, non-government organizations, and government organizations led by the National Commission on the Role of Filipino Women. This law is also in compliance with the obligations of the Government of the Philippines under the Convention on the Elimination of Discrimination Against Women (CEDAW) which the Senate ratified in 1981.

-refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within orwithout the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

What is Violence against women and their children?

Who are protected

The law protects women and their children only and does not include MEN. It also protects women who are or were in lesbian relationshipsThe important elements that must be present are a) any of the punishable acts under Section 5, and b) the woman is or was married to the offender or has a common child with him, or she has or had a sexual or dating relationship with the offender.

Since sexual relations refer to a single act, even prostituted women or those who bore the child of their rapists can avail of the remedies under the law.

Children of battered women are protected under the law, which expands the definition of “children” as those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610 and includes not only the biological children of the victim but also other children under her care.

Punishable acts Among the punishable acts under Section 5 are:

a) causing, attempting or threatening physical harm to the woman or her child; b) placing the woman or her child in fear of imminent physical harm

c) acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct such as threatening to deprive or actually depriving the woman or her child of custody to her/his family; or depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support; or preventing the woman in engaging in any legitimate profession, occupation, business or activity; or controlling the victim’s own money or properties, or solely controlling the conjugal or common money, or properties;

d) inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; e) causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family; f) stalking

g) causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman’s child/children.

The other salient features of this law are:a) physical injuries are

punishable by one degree higher than the penalties under the Revised Penal Code;

economic abuse is now a crime, or those acts that make or attempt to make a woman financially dependent which includes, withdrawal of financial support, preventing the victim from engaging in any legitimate profession, occupation, business or activity, deprivation or threat of deprivation of financial resources, destroying household property and controlling the victim’s own money or property or the conjugal money or property;

And battered woman syndrome is a justifying circumstance

People vs. Marivic Genosa

RemediesThe remedies available to the victims are a) a Barangay Protection Order, b) civil action or petition for Temporary and/or Permanent Protection Order and c) criminal action for violation of R.A.9262.

The venue for Protection Orders the Family Court where the woman resides, or if there is no Family Court, in the Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court or Municipal Circuit Court. The venue for criminal actionsThe Regional Trial Court

designated as a Family Court. In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant.

Thus, the victim can file a Petition for Temporary and Permanent Protection Order and the court must issue a Temporary Protection Order (TPO) on the same day that the petition was filed, after an ex parte determination, without notice to the respondent. After the respondent is given time to answer, adversarial hearings will be conducted without delay. The TPO is effective for 30 days, extendible until a decision is rendered on whether the Protection Order should be made permanent or not.

Republic Act 8369 “This Act shall be known as the "Family Courts Act of 1997".  There shall be established a Family Court in every province and city in the country. In case where the city is the capital of the province, the Family Court shall be established in the municipality which has the highest population. 

A.M. No. 00-8-03-SC, September 01, 2000A resolution clarifying the duties of the social workers of the family courts or regional trial courts under family courts act.