Evaluación de la implementación del Sistema Last Planner

The court may issue an Order of Protection requiring any person:

1. Stay away from the home, school, business, or place of employment of the child, other parent or any other party, and to stay away from any other specific place designated by the court

2. Refrain from harassing, intimidating, or threatening such child or the other parent or any person to whom custody of the child is awarded;

3. Refrain from acts of commission or omission that create an unreasonable risk to the health, safety, or welfare of the child;

4. Permit a parent, or a person entitled to visitation by a court order or a separation agreement, to visit the child at stated periods

5. Permit a designated party to enter the residence during a specified period of time in order to take personal belongings not contested in a proceeding pending with the Family Court

6. Comply with such other orders as are necessary for the protection of the child. Section 8 Administration of Common Property

• If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family, the court may, upon application of the aggrieved party under oath, issue a provisional order appointing the applicant or a third person as receiver or sole administrator of the common property subject to such precautionary conditions it may impose.

• The receiver or administrator may not dispose of or encumber any common property or specific separate property of either spouse without prior authority of the court.

• The provisional order issued by the court shall be registered in the proper Register of Deeds and annotated in all titles of properties subject of the receivership or administration.

Section 9 Effectivity

• March 15, 2003

• Following its publication in a newspaper of general circulation not later than March 7, 2003 Chapter 5: Obligations of Husband And Wife

Article 68 The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support

• Oblige to live together ! virtue in making as difficult as possible for married couples to abandon each other'’s company.

o Repugnance of the law to dissolve obligations of matrimonial cohabitation.

o HOWEVER, the law/court cannot compel spouses to live together if they refuse to do so. • Procreation ! essential marital obligation considering that such obligation springs from universal

principle that procreation of children through sexual cooperation is the basic end of marriage. • NO COMPULSION: a court cannot validly issue a decision compelling the spouses to live

together, observe mutual love, respect and fidelity. ! purely personal act

• There can be no action for damages merely because of a breach in marital obligation. o Alternative remedy:

! if the property regime is separation of property, then a spouse may be held liable under Art. 19, 20, or 21 (if one acted in bad faith).

! Seek for spousal support

! “performance of the domestic duties of the wife” rendered neutral by stating that this should be the duty of both spouses (Lilius v. Manila Railroad Company) • RAPE: Art. 266-A as amended by RA 8353

o Under this law, a husband can be held liable for raping his wide

! Subsequent forgiveness by the wife as the offended party extinguishes criminal liability

! HOWEVER, the crime shall not be extinguished or the penalty shall not be abater if the marriage is VOID AB INITIO.

o Rape is also an act of violence against a woman. (Sec 3 of VAWC) o Reasons of exempting rape against wife (prior law)

! a man and a woman no longer retain separate legal existence. They are one and the same. No one can rape himself/herself.

! Upon entering the marriage contract, a wife consents to sexual intercourse with her husband

o Rebuttal:

! rape statutes have always aimed to protect the safety and protection of liberty of women.

! implied consent is repugnant and not sound where the marriage itself is irrevocable.

Article 69: The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide. The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family.

• Domicile is a place of habitual residence

• Fixing the domicile must be made by agreement between husband and wife where the family domicile will be

• Revolutionary changes in the concept of women'’s rights ! before it was the husband who fixes the domicile (Romualdez-Marcos v. COMELEC)

• In case of disagreement, the court shall decide.

Article 70, 71, 72 70: The spouse are jointly responsible for the support of the family. The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruit of their separate properties. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from their separate properties.

71: The management of the household shall be the right and duty of both spouses. The expenses for such management shall be paid in accordance with the provisions of Article 70.

72: When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor, or injury to the other or to the family, the aggrieved party may apply to the court for relief.

• Support is a very important duty.

• Spouses are jointly liable liable for the support of the family

• ACP/CPG among others shall be liable for support of spouses and common and legitimate children

• in the absence of the community property, the fruits of the gains of separate properties shall support the family

• spouses are solidary liable to creditors for family expenses

• even if the family house is separately owned by one of the spouses, the other spouse still has the right and duty to the management of the household

Article 73 Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious and moral grounds.

In case of disagreement, the court shall decide whether or not: 1. objection is proper

2. benefit has accrued to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent.

The foregoing provisions shall not prejudice the rights of creditors who acted in good faith. • Either spouses can engage in any LAWFUL enterprise or profession

• if the husband compels the wife to desist from pursuing a profession or ay other conduct which the wife has the right to engage in, or prevent the wife from engaging in any legitimate profession, occupation, business or activity with the purpose or effect of controlling or restricting her movement or conduct

o CONSIDERED VIOLENCE AGAINST WOMEN which is punishable by law (RA 9262)

• When a spouse contract an isolated transaction that has not redounded to the benefit of the family, his/her liability shall be taken from the fruits or gains of the separate property or in case of insufficiency, the separate property

• in case of DISAGREEMENT, the objection must be anchored only on valid, serious and moral grounds.

o If the BENEFIT has accrued PRIOR to the objection, ! it shall be charged from the separate property o If the BENEFIT has accrued AFTER to the objection,

! it shall be charged from ACP/CJP

o ERROR IN PRINTING ! the outcome did not reflect the “intent” of the Commissioners as revealed in the minutes of the deliberations.

Chapter 6: Property Relations