Article 254

By: Agusto S. Tasing Jr.

Article 254

• The following provisions under Book 1 of the Civil Code are expressly repeated by the Family Code:

1. Title III – Marriage
2. Title IV – Legal Separation
3. Rights and Obligations Between Husband and Wife
4. Title V – Rights and Obligations Between Husband and Wife
5. Title VII – The Family
6. Title VIII – Paternity and Filiation
7. Title IX – Support
8. Title XI – Parental Authority
9. Title XV – Emancipation and Age of Majority

• The Family Code expressly repealed articles 17-19 and 27-42 of the Child and Youth Welfare Code.

• Implicitly repealed laws:-
  • All laws, decrees, executive orders, proclamations, rules and regulations, or parts thereof, inconsistent with the Family Code.

• The must be a substantial irreconcilable conflict in connection with the provisions found in existing and prior acts with those of the Family Code.

Question:

When are laws, decrees,executives orders and rules and regulations implicitly repealed by the family code?

Answer: 

Laws, decrees, executive orders and rules and regulations are impliedly repealed by the Family Code when there is substantial irreconcilable conflict in connection with the provisions found in such laws with those of of the Family Code.

Article 375

By: Peter Familiara

Title XIII Use of Surnames

Article 375– it clearly provides that in the use of surnames or names identify from the descendants or ascendants the word ‘junior’ only used by the son, and the direct male ascendants shall add a middle name or the mother’s surnames or just simply add roman numerals. Thus, the son of Juan Dela Cruz who has the same name shall use Juan Dela Cruz, Junior, but if there are any direct ascendant other than a son could either add a middle name or the mother’s surname, Hence, if Juan Dela Cruz, Junior who is married  to Julieta Santos, and has a son with same name, such son shall use Juan Santos-Dela Cruz, or Juan Dela Cruz III.