Elements of Domicile a Physical presence in a fixed place b Intention to remain

Elements of domicile a physical presence in a fixed

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Elements of Domicile: a. Physical presence in a fixed place b. Intention to remain permanently in said place RESIDENCE DOMICILE Indicates a place of abode whether permanent or temporary Denotes a fixed permanent residence, which when absent, one has the intention of returning There can be several for various purposes Only one place of domicile Kinds of Domicile 1. Domicile of origin – acquired by every person at birth 2. Domicile of choice – that which is voluntarily chosen by a sui juris as his more or less, permanent home; that, whenever he is absent, he intends to return 3. Domicile by operation of law – attributes to a person a domicile independent of his own intention or actual residence 2 ND MEETING 08/07/2018 MARRIAGE FAMILY CODE – took effect on August 3, 1988 Art. 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. Can there be a valid marriage between a man and another man? No. (void) Parties must belong to the opposite gender Would it make any difference if one of the parties undergone a sex change ? Status of the marriage: VOID Under our laws and jurisprudence, the gender of a person is immutable , permanent. Your gender upon birth will be your gender all throughout life. There is no legal way of effecting change in one’s gender. Republic vs Silverio The sex of a person is determined at birth, visually done by the birth attendant (the physician or midwife) by examining the genitals of the infant. Considering that there is no law legally recognizing sex reassignment, the determination of a person’s sex made at the time of his or her birth, if not attended by error, is immutable . Supposing the marriage is between H & W, H is a male and W is an intersex individual . At the time of his birth, W had a possibility of developing female and male hormones. Would that be a valid marriage? As long as no surgical procedure is done, valid Republic v. Cagandahan Intersex individuals – persons who are born with both male and female genitalia. In the course of time, one of which will be the one to actually develop or fully mature. Change of gender from female to male was filed because it was the male genitalia that actually developed. The change was allowed. Correlate to Silverio case: if there is no surgical procedure undertaken and let nature take its own CIVIL LAW REVIEW 1 | MIDTERMS NOTES 2018 | ©RAMIREZ Page 8
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