civil code (dying)

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93 Terms

1
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Article 1: This Act shall be known as ____

Civil Code of the Philippines

2
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Article 2: Laws shall take effect after ____ following the completion of their publication in the Official Gazette, unless it is otherwise provided.

fifteen days

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Article 3: ____ excuses no one from compliance therewith.

Ignorance of the law

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Article 4: Laws shall have no ____ unless the contrary is provided.

retroactive effect

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Article 5: Acts executed against the provisions of ____ laws shall be void, except when the law itself authorizes their validity.

mandatory or prohibitory

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Article 6: Rights may be waived, unless the waiver is contrary to ____, ____, ____, ____, or ____.

law, public order, public policy, morals, good customs

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Article 7: Laws are repealed only by ____ and their violation or non observance shall not be excused by ____, or custom or practice to the contrary.

subsequent ones, disuse

8
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Article 8: Judicial decisions applying or interpreting the laws or the Constitution shall form a part of ____.

the legal system of the Philippines

9
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Article 9: No judge or court shall decline to render judgment by reason of the ____, ____, or ____ of the laws.

silence, obscurity, insufficiency

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Article 10: In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended ____ to prevail.

right and justice

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Article 11: Customs which are contrary to ____, ____, or ____ shall not be countenanced.

law, public order, public policy

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Article 12: A custom must be proved as a ____, according to the rules of evidence.

fact

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Article 13: When the laws speak of years, months, days or nights, it shall be understood that years are of ____ days each; months, of ____ days; days, of ____ hours; and nights from ____ to ____.

three hundred sixty

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Article 14: ____ shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations.

Penal laws and those of public security and safety

15
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Article 15: Laws relating to family ____ and , ____, or ____, ___, and ____ of persons are binding upon citizens of the Philippines, even though living abroad.

rights and duties, status, condition and legal capacity

16
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Article 16: Real property as well as personal property is subject to the ____ where it is stipulated.

law of the country

17
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Article 17: The forms and solemnities of ____, ____, and ____ shall be governed by the laws of the country in which they are executed.

contracts, wills, other public instruments

18
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Article 18: In matters governed by the Code of Commerce and special laws, their deficiency shall be supplied by the ____.

provisions of this Code

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Article 19: Every person must, in the exercise of his rights and in the performance of his duties, act with ____, give everyone his due, and observe ____ and ____.

justice, honesty, good faith

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Article 20: Every person who, contrary to law, willfully or negligently causes damage to another, shall ____ the latter for the same.

indemnify

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Article 21: Any person who willfully causes loss or injury to another in a manner that is contrary to ____, ____, or ____ shall compensate the latter for the damage.

morals, good customs, public policy

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Article 22: Every person who, through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall ____.

return the same

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Article 23: Even when an act or event causing damage to another's property was not due to the fault or negligence of the defendant, the latter shall be liable for ____ if through the act or event he was benefited.

indemnity

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Article 24: In all contractual, property, or other relations, when one of the parties is at a disadvantage due to ____, ____, ____, ____, or ____, the courts must be vigilant for his protection.

moral dependence, ignorance, indigence, mental weakness, tender age

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Article 25: ____ in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution.

Thoughtless extravagance

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Article 26: Every person shall respect the ____, ____, ____, and ____ of his neighbors and other persons.

dignity, personality, privacy, peace of mind

27
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Article 27: Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file ____.

an action for damages and other relief

28
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Article 28: ____ in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination, or any other unjust, oppressive, or highhanded method shall give rise to a right of action by the person who thereby suffers damage.

Unfair competition

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Article 29: When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for ____ for the same act or omission may be instituted.

damages

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Article 30: When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a ____ shall be sufficient to prove the act complained of.

preponderance of evidence

31
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Article 31: When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed ____.

independently of the criminal proceedings

32
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Article 32: Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates, or impairs the rights and liberties of another person shall be liable for ____.

damages

33
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Article 33: In cases of ____, ____, and ____ a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party.

defamation, fraud, physical injuries

34
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Article 34: When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be ____ for damages.

primarily liable

35
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Article 35: When a person, claiming to be injured by a criminal offense, charges another with the same but the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a ____.

civil action for damages

36
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Article 36: ______, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court.

Prejudicial questions

37
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Article 37: ____ which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death.

Juridical capacity

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Article 38: ____, ____, ____, ____, ____, and ____ are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations.

Minority, insanity or imbecility, the state of being a deaf-mute, prodigality, civil interdiction

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Article 39: The following circumstances, among others, modify or limit capacity to act: ____, ____, ____, ____, ____, ____, ____, ____, ____, and ____.

age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency, trusteeship

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Article 40: ____ determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article.

Birth

41
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Article 41: For civil purposes, the fetus is considered born if it is ____ at the time it is completely delivered from the mother's womb.

alive

42
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Article 42: ____ is extinguished by death.

Civil personality

43
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Article 43: If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall ____.

prove the same

44
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Article 44: The following are ____: (1) The State and its political subdivisions; (2) Other corporations, institutions and entities for public interest or purpose, created by law; (3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality.

juridical persons

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Article 45: Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the ____.

laws creating or recognizing them

46
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Article 46: Juridical persons may acquire and possess ____, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization.

property of all kinds

47
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Article 47: Upon the dissolution of corporations, institutions, and other entities for public interest or purpose mentioned in No. 2 of Article 44, their property and other assets shall be disposed of in ____.

pursuance of law or the charter creating them

48
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Article 48: The following are ____ of the Philippines: (1) Those who were citizens of the Philippines at the time of the adoption of the Constitution of the Philippines; (2) Those born in the Philippines of foreign parents who, before the adoption of said Constitution, had been elected to public office in the Philippines; (3) Those whose ____ are citizens of the Philippines; (4) Those whose ____ are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship; (5) Those who are ____ in accordance with law.

citizens, fathers, mothers, naturalized

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Article 49: ____ and the loss and reacquisition of citizenship of the Philippines are governed by ____.

Naturalization, special laws

50
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Article 50: For the exercise of civil rights and the fulfillment of civil obligations, the ____ of natural persons is the place of their habitual residence.

domicile

51
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Article 51: When the law creating or recognizing them, or any other provision does not fix the domicile of ____, the same shall be understood to be the place where their legal representation is established or where they exercise their principal functions.

juridical persons

52
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Article 16 (Second Paragraph):
However, ____ and ____ successions, both with respect to the ____ and to the amount of ____ and to the intrinsic validity of ____ shall be regulated by the ____ of the person whose succession is under consideration, whatever may be the ____ and regardless of the country wherein said property may be found.

Intestate, testamentary, order of succession, successional rights, testamentary provisions, national law, nature of the property

53
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Article 305: The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support, under article 294. In case of descendants of the same degree, or of brothers and sisters, the ____ shall be preferred. In case of ascendants, the ____ shall have a better right.

oldest, paternal

54
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Article 306: Every funeral shall be in keeping with the ____.

social position of the deceased

55
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Article 307: The funeral shall be in accordance with the expressed wishes of the deceased. In the absence of such expression, his ____ or ____ shall determine the funeral rites. In case of doubt, the form of the funeral shall be decided upon by the person obliged to make arrangements for the same, after consulting the other members of the family.

religious beliefs, affiliation

56
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Article 308: No human remains shall be retained, interred, disposed of or exhumed without the _____ of the persons mentioned in articles 294 and 305.

consent

57
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Article 309: Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages, ____ and ____.

material, moral

58
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Article 310: The construction of a tombstone or mausoleum shall be deemed a part of the funeral expenses, and shall be chargeable to the ______, if the deceased is one of the spouses.

conjugal partnership property

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60
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Article 364: Legitimate and legitimated children shall principally use the surname of the ____.

father

61
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Article 365: An adopted child shall bear the surname of the ____.

adopter

62
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Article 369: Children conceived before the decree annulling a voidable marriage shall principally use the surname of the ____.

father

63
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Article 370: A married woman may use: (1) Her ____ and surname and add her husband's surname, or (2) Her ____ and her husband's surname, or (3) Her husband's full name, but prefixing a word indicating that she is his wife, such as 'Mrs.'

maiden first name, maiden first name

64
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Article 371: In case of annulment of marriage, and the wife is the guilty party, she shall resume her ____ and ____. If she is the innocent spouse, she may resume her ____ and ____. However, she may choose to continue employing her former husband's surname, unless: (1) The court decrees otherwise, or (2) She or the former husband is ____ to another person.

maiden name, surname, maiden name, surname, married again

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Article 372: When legal separation has been granted, the wife shall continue using her ____ and ____ employed before the legal separation.

name, surname

66
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Article 373: A widow may use the deceased husband's surname as though he were still living, in accordance with ____.

Article 370

67
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Article 374: In case of identity of names and surnames, the younger person shall be obliged to use such ____ or ____ as will avoid confusion.

additional name, surname

68
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Article 375: In case of identity of names and surnames between ascendants and descendants, the word 'Junior' can be used only by a ____. Grandsons and other direct male descendants shall either: (1) Add a ____ or the ____, or (2) Add the Roman numerals ____, ____, and so on.

son, middle name, mother's surname, II, III

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Article 376: No person can change his ____ or ____ without judicial authority.

name, surname

70
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Article 377: ____ of a name and surname may be the subject of an action for damages and other relief.

Usurpation

71
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Article 378: The unauthorized or unlawful use of another person's ____ gives a right of action to the latter.

surname

72
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Article 379: The employment of ____ or ____ is permitted, provided it is done in good faith and there is no injury to third persons. These names cannot be usurped.

pen names, stage names

73
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Article 380: Except as provided in the preceding article, no person shall use ____.

different names and surnames

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Article 381: When a person disappears from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property, the ____ , at the instance of an interested party, a relative, or a friend, may appoint a person to represent him in all that may be necessary. This same rule shall be observed when under similar circumstances the power conferred by the absentee has ____.

judge, expired

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Article 382: The appointment referred to in the preceding article having been made, the judge shall take the necessary measures to safeguard the ____ and ____ of the absentee and shall specify the ____, ____, and ____ of his representative, regulating them, according to the circumstances, by the rules concerning ____.

rights, interests, powers, obligations, remuneration, guardians

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Article 383: In the appointment of a representative, the ____ shall be preferred when there is no legal separation. If the absentee left no spouse, or if the spouse present is a ____, any ____ may be appointed by the court.

spouse present, minor, competent person

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Article 384: ____ having elapsed without any news about the absentee or since the receipt of the last news, and ____ in case the absentee has left a person in charge of the administration of his property, his absence may be declared.

Two years, five years

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Article 385: The following may ask for the declaration of absence: (1) The ____; (2) The ____ in a will, who may present an authentic copy of the same; (3) The ____ who may succeed by the law of intestacy; (4) Those who may have over the property of the absentee some ____ subordinated to the condition of his death.

spouse present, heirs instituted, relatives, right

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Article 386: The judicial declaration of absence shall not take effect until ____ after its publication in a newspaper of general circulation.

six months

80
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Article 387: An ____ of the absentee's property shall be appointed in accordance with article 383.

administrator

81
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Article 388: The ____ who is appointed as an ____ of the husband's property cannot alienate or encumber the husband's property, or that of the conjugal partnership, without ____.

wife, administratrix, judicial authority

82
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Article 389: The administration shall cease in any of the following cases: (1) When the ____ appears personally or by means of an agent; (2) When the ____ of the absentee is proved and his ____ or ____ heirs appear; (3) When a ____ appears, showing by a proper document that he has acquired the absentee's property by purchase or other title. In these cases, the administrator shall cease in the performance of his office, and the property shall be at the disposal of those who may have a ____ thereto.

absentee, death, testate, intestate, third person, right

83
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Article 390: After an absence of ____ years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of ____. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ____ years. If he disappeared after the age of ____ years, an absence of ____ years shall be sufficient in order that his succession may be opened.

seven, succession, ten, seventy-five, five

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Article 391: The following shall be presumed dead for all purposes, including the division of the estate among the heirs: (1) A person on board a vessel lost during a ____ or an ____ which is missing, who has not been heard of for ____ years since the loss of the vessel or aeroplane; (2) A person in the ____ who has taken part in ____, and has been missing for ____ years; (3) A person who has been in ____ under other circumstances and his existence has not been known for ____ years.

sea voyage, aeroplane, four, armed forces, war, four, danger of death, four

85
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Article 392: If the absentee appears, or without appearing his existence is proved, he shall recover his property in the condition in which it may be found, and the ____ of any property that may have been alienated or the property acquired therewith; but he cannot claim either ____ or ____.

price, fruits, rents

86
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Civil Register

Article 407: ____, events, and judicial ____ concerning the civil status of persons shall be recorded in the ____.

Acts, decrees, civil register

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Article 408: The following shall be entered in the civil register: (1) ____; (2) ____; (3) ____; (4) ____; (5) ____ of marriage; (6) judgments declaring marriages ____ from the beginning; (7) ____; (8) ____; (9) ____ of natural children; (10) ____; (11) ____ of citizenship; (12) ____ of citizenship; (13) ____; (14) judicial determination of ____; (15) ____ emancipation of a minor; and (16) changes of ____.

Births, marriages, deaths, legal separations, annulments, void, legitimations, adoptions, acknowledgments, naturalization, loss, recovery, civil interdiction, filiation, voluntary, name

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Article 409: In cases of ____, ____, ____ and other judicial orders mentioned in the preceding article, it shall be the duty of the ____ of the court which issued the decree to ascertain whether the same has been ____, and if this has not been done, to send a copy of said decree to the ____ of the city or municipality where the court is functioning.

legal separation, adoption, naturalization, clerk, registered, civil registry

89
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Article 410: The books making up the civil register and all documents relating thereto shall be considered ____ documents and shall be ____ evidence of the facts therein contained.

public, prima facie

90
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Article 411: Every ____ shall be civilly responsible for any unauthorized ____ made in any civil register, to any person suffering damage thereby. However, the ____ may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the ____.

civil registrar, alteration, civil registrar, unlawful alteration

91
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Article 412: No entry in a civil register shall be changed or corrected, without a ____.

judicial order

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Article 413: All other matters pertaining to the registration of civil status shall be governed by ____.

special laws

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Article 41 (second paragraph): However, if the fetus had an ____ life of less than ____, it is not deemed born if it dies within ____ after its complete delivery from the maternal womb.

intra-uterine, seven months, twenty-four hours