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In March 2018, the Supreme Court of the Philippines approved the scheduling of a same-sex marriage petition that seeks to invalidate Articles 1 and 2 of the Family Code. [ 3 ] During the second week of June 2018, the Supreme Court announced that they will hear arguments in a case seeking the invalidation of the Family Code's provisions ...
The Family Code covers fields of significant public interest, especially the laws on marriage.The definition and requisites for marriage, along with the grounds for annulment, are found in the Family Code, as is the law on conjugal property relations, rules on establishing filiation, and the governing provisions on support, parental authority, and adoption.
This the Civil Code itself notably recognises in saying that "[j]udicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines" (Article 8, Civil Code), a recognition of the eminent role now played by precedents in Philippine law.
Persons and family relations mainly deals with the issues of family matters such as marriage, annulment and voiding of marriages, adoption, property settlements between spouses, parental authority, support for spouses and children, emancipation, legitimes (inheritance) of children from their parents and between relatives.
Judicial precedents of the Philippine Supreme Court were accepted as binding, a practice more attuned to common law jurisdictions. Eventually, the Philippine legal system emerged in such a way that while the practice of codification remained popular, the courts were not barred from invoking principles developed under the common law, [1] or from ...
The judiciary of the Philippines consists of the Supreme Court, which is established in the Constitution, and three levels of lower courts, which are established through law by the Congress of the Philippines. The Supreme Court has expansive powers, able to overrule political and administrative decisions, and with the ability to craft rules and ...
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R. Partain, "Comparative Family Law, Korean Family Law, and the Missing Definitions of Family", (2012) HongIk University Journal of Law, Vol. 13, No. 2. "Hong Kong Family Court Tables" includes a summary of Hong Kong family law principles, a guide to the recent case law and relevant statutes, and a glossary of relevant terms related to the Hong ...