Chapter 3. Incidents Involving Parental Authority
Chapter 3. Incidents Involving Parental Authority
Art. 249. Petitions filed under Articles 223, 225 and 235 of this Code involving parental authority shall be verified. (n)
We note that verification is required here.
Art. 249. Petitions filed under Articles 223, 225 and 235 of this Code involving parental authority shall be verified. (n)
We note that verification is required here.
Art. 250. Such petitions shall be verified and filed in the proper court of the place where the child resides. (n)
Verified petitions falling under Articles 223, 225, and 235 are filed in the RTC of the place where the child resides. As already adverted to, Article 235 has been repealed by RA 6809.
Art. 251. Upon the filing of 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. (n)
The parents, or in their absence or incapacity, individuals, entities, or institutions exercising parental authority over the child be notified by the court upon filing the petition.
Verified petitions falling under Articles 223, 225, and 235 are filed in the RTC of the place where the child resides. As already adverted to, Article 235 has been repealed by RA 6809.
Art. 251. Upon the filing of 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. (n)
The parents, or in their absence or incapacity, individuals, entities, or institutions exercising parental authority over the child be notified by the court upon filing the petition.
Art. 252. The rules in Chapter 2 hereof shall also govern summary proceedings under this Chapter insofar as they are applicable. (n)
The judge personally conducts the proceedings in a summary hearing. Here, the child may be assisted by the counsel chosen by the child himself or appointed by the court.
The judge, however, may, pursuant to Article 243, order the parties to be heard with the assistance of counsel. But in this eventuality, the judge shall give assurance that the child's interest is appropriately safeguarded.
The judge personally conducts the proceedings in a summary hearing. Here, the child may be assisted by the counsel chosen by the child himself or appointed by the court.
The judge, however, may, pursuant to Article 243, order the parties to be heard with the assistance of counsel. But in this eventuality, the judge shall give assurance that the child's interest is appropriately safeguarded.
Chapter 4. Other Matters Subject to Summary Proceedings
Art. 253. The foregoing rules in Chapters 2 and 3 hereof shall likewise govern summary proceedings filed under Articles 41, 51, 69, 73, 96, 124 and 127, insofar as they are applicable. (n)
In the different Articles herein above-mentioned under Article 253, summary proceedings are contemplated likewise.
In the different Articles herein above-mentioned under Article 253, summary proceedings are contemplated likewise.
TITLE XII: FINAL PROVISIONS
Art. 254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic Act No. 386, otherwise known as the Civil Code of the Philippines, as amended, and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and 42 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended, and all laws, decrees, executive orders, proclamations, rules and regulations, or parts thereof, inconsistent herewith are hereby repealed.
Art. 255. If any provision of this Code is held invalid, all the other provisions not affected thereby shall remain valid.
In the eventuality that any provision of the Family Code is held invalid, this shall not affect any other provisions not affected thereby and which shall remain invalid.
This contemplates an express repeal and implied repeal. Examples are those provisions of the Civil Code and the Child and Youth Welfare Code that have been expressly repealed by the Family Code.
The same goes for all laws, decrees, executive orders, and the like which are inconsistent with the Family Code and are deemed impliedly repealed.
Art. 255. If any provision of this Code is held invalid, all the other provisions not affected thereby shall remain valid.
In the eventuality that any provision of the Family Code is held invalid, this shall not affect any other provisions not affected thereby and which shall remain invalid.
Art. 256. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws.
The Family Code has a retroactive effect. Being substantive in nature and in the process, creating new rights, the provisions of the Family Code are given retroactive effect by express mandate of Article 256. Thus, the Family Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws.
The Family Code has a retroactive effect. Being substantive in nature and in the process, creating new rights, the provisions of the Family Code are given retroactive effect by express mandate of Article 256. Thus, the Family Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws.
Art. 257. This Code shall take effect one year after the completion of its publication in a newspaper of general circulation, as certified by the Executive Secretary, Office of the President.
Publication shall likewise be made the Official Gazette.
Done in the City of Manila, this 6th day of July, in the year of Our Lord, nineteen hundred and eighty-seven.
The Family Code became effective on August 3, 1988, and was published completely on August 4, 1987 issue of the Manila Chronicle.
The Family Code became effective on August 3, 1988, and was published completely on August 4, 1987 issue of the Manila Chronicle.
Comments
Post a Comment