CIVIL CODE OF THE PHILIPPINES: Preliminary Title

Article Summary
Article 1: Civil Code of the Philippines
Art. 2: Laws shall take effect 15 days following the
completion of their publication

Art. 3: Ignorance of the law excuses no one

Art. 4: Laws shall not be retroactive unless
provided

Art. 5: Acts committed against mandatory and

prohibitory laws shall be void.

Art. 6: Waiver of Rights

Art. 7: Repealed Laws

Art. 8: Judicial decisions form case laws

Art. 9: Responsibility of the courts
Art. 10: It is presumed that the lawmaking body
intended right and justice to prevail
Art. 11: Customs
Art. 12: Customs must be proved accdg. to the
rules of evidence.
Art. 13: Years, days, months

Art. 14: Penal laws

Art. 15: Nationality rule
Art. 16: Real & Personal Property
Art. 17: Forms and Solemnities of contracts/will,
acts done before consular officials, prohibitive
laws

Summarized Annotation:
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Civil code took effect on August 30, 1950

EO 200 was issued by President Aquino on June 1987 which provided that pursuant to the ruling in Taada v. Tuvera
publication need not be made in the Official Gazette, considering its erratic release and limited readership.
Newspapers for general circulation could better perform the function of communicating the laws to the peoplemore
available, wider circulation, comes out regularly.
If a statute does not provide for its effectivity, it will only take effect 15days after the completion of its publication. (No
one shall be charged under the statute until the completion of the publication.)
Statutes may provide for another number of days for publication. The statement unless otherwise provided refers only
to the 15 days (which can be changed to a different number) and not the requirement of publication. Publication is
indispensable.
It is the presumption that every person knows the law.
Ignorance cannot be put up as a defense because it can always be used causing disorder in society
This is the reason why publication is an essential element, so that no one can excuse himself or herself for not knowing.
Statutes are to be construed as having prospective or future operation only it is not meant to be applicable to the past
unless it is expressly provided for or is clearly and necessarily implied from the law.
Cases when the law may be given retroactive effect:
1.
The law expressly provides
2.
When the law is curative or remedial meant to cure defects in order to enforce existing obligations. To enable people
to carry into effect what they intended in the obligation but could not due to some statute. Not meant to impair obligation
or affect vested rights.
3.
When the law is procedural when it deals with procedure it applies to all actions, which have accrued, or pending and
future actions.
Ex. When the legislature provides that all bills should under go 4 readings instead of 3. This affects all bills that have been created
and even those already undergoing readings.
4.
When the law is penal in character and is favorable to the accused.
MANDATORY PROVISIONS OF LAWS: If one fails to commit certain acts that are mandatory in the law, it renders the proceeding or
acts to which it relates as illegal or void.
Ex. The law provides The action to revoke the donation under this article must be brought within 5 years from the time the decree of
legal separation has become final. (Article 64, Family Code)
PROHIBITORY LAWS: Those that one is not supposed to do. Couched in negative terms.
Ex. The law provides that No legal separation may be decreed unless the court has taken steps towards reconciliation. (Article 59,
Family Code)
Rights may be waived unless it is contrary to law, public policy, morals or good customs, or prejudicial to a third person
with a right recognized by law.
The right must exist at the time of the waiver.
Requisites:
1.
The person knows that a right exists
2.
Has adequate knowledge upon which to make an intelligent decision
3.
Knowledge of the facts related to the right to be waived
4.
Must be shown that the waiver is made knowingly and intelligently
- Rights provided for in statutes can generally be waived unless the object of the statute is to protect or promote public interest
Laws are repealed only by subsequent ones
Between a law and the Constitution, the latter prevails
Administrative or executive acts are valid only when they are not contrary to laws or the Constitution
REPEAL: legislative act of abolishing a previous statute through a new law
Where a portion of a statute is rendered unconstitutional and part is valid the arts may be separated if they can stand
independently of one another.
- Judicial decisions, applying and interpreting laws and the Constitution, assume the same authority as laws.
- Judges must not evade performance of their responsibility because of an apparent non-existence or vagueness of a law governing
a particular legal dispute.
The court must first apply the law, only when there is ambiguity in its application should there be any kind of
interpretation.
The interpretation should be in line with the intent of the legislature or the end sought to be attained.
CUSTOM: a rule of conduct formed by repetition of acts, uniformly observed as a social rule, which is legally binding and has
obligatory force.
JURIDICAL CUSTOM: Can be a supplement/addition to a statutory law unlike a social custom, which cannot do so.
Years: 365 days each
Months: 30 days if designated by their name, they shall be computed by the number of days that they respectively have
Hour: 24 hours
Nights: Sunset to sunrise
- In computing a period first day exclude last day included
All citizens or foreigners who sojourner are subject to all penal laws and laws meant for public security and safety.
-

Regardless of where a citizen of the Philippines might be he or she will still be governed by Philippine laws when it
comes to family rights, duties, or to his or her legal status and legal capacity,
Real and Personal Property are subject to the law of the country where it is found. However, when it comes to the
order, amount, and intrinsic validity of the succession it shall be regulated by the law of the person whose succession is
being considered regardless of where the property is to be found.
Extrinsic validity: the laws shall govern the forms of contracts and wills where they are made. Thus a will made in the U.S. must
follow the laws regarding the forms of wills in the U.S.
Acts before Diplomatic and Consular Officials: Any act or contract made in a foreign country made before the diplomatic and
-

Added Info:
Covered Under this Rule:
Presidential decrees and executive orders by the
president in exercise of his legislative powers.
Administrative rules and regulations if their purpose is to
enforce or implement existing law pursuant to a valid
delegation.
City charter must be published even if it is only
applicable to a portion of national territory
* Interpretative regulation and those internal in nature need not be
published.

Examples of what cannot be waived:

1.
Waiver against the right to purchase land.
2.
Waive an action against future fraud
3.
Waive right to receive less than the compensation a
worker is to receive under the law.

Exception:
Foreigners who are immune from suit and thus cannot be charged
(diplomatic agents)
Thus a Filipino cannot get a divorce even if he or she goes abroad,
since divorce is not recognized in the Philippines

consular officials must also conform to Philippine laws. This is because in the premises of a diplomatic office the foreign country
waives its jurisdiction so the Philippine laws govern in the premises of the Philippine Diplomatic Office in foreign countries.
Prohibitive Laws: Prohibitive laws concerning property, persons, their acts and those meant for public order, public policy, or good
customs will continue to be in effect even if the person is in a different country with different laws.
Ex. A Filipino gets married to 2 women in another country where bigamy is legal, the second marriage is void since bigamy is not
permitted in the Philippines.
Art. 18: Deficiency in the Code of Commerce and
special laws

HUMAN RELATIONS
Art. 19: Abuse of right doctrine
Art. 20: willfully or negligently causes damage to
another
Art. 21: Contrary to good customs, morals, or
public policy

Art. 22: One who comes into the possession of

another is obliged to make restitution
Art. 23: Even if the act was not due to ones fault or
negligent he is still liable for indemnity if he was
benefited.
Art. 24: Protecting the rights of the disadvantage
Art. 25: Extravagance during acute public want or
emergency
Art. 26: Respect privacy of others. Respect for
human dignity
Art. 27: Public servant refuses or neglects to do his
duty without just cause
Art. 28: Unfair competition
Art. 29: Civil action when guilt is not proved
beyond reasonable doubt
Art. 30: Civil obligation arising from a criminal
offense
Art. 31: Civil obligation not arising from the felony

Art. 32: Civil action for violation of constitutional

rights
Art. 33: Civil action for violation of private rights
Art. 34: Members of the Police Force
Art 35: Reservation of civil action
Art. 36: Prejudicial Questions

CIVIL PERSONALITY: GENERAL PROVISIONS

Art. 37: Juridical Capacity and Capacity to Act.

When there are deficiencies in the Code of Commerce and Special Laws the civil code will govern such deficiency.
Ex. In the Code of Commerce there is no stated prescription date for a certain act, thus the provisions on prescription in the civil code
will govern.
However one must check the kind of transaction at hand and whether the civil code provision is applicable
Ex. In a previous case, the Carriage of Goods by Sea Act there is a one year prescription for making a claim for loss or damage and
the plaintiff believed that he could extend the prescriptive period by giving a written demand pursuant to Art. 1155 of the civil code,
especially since the civil code is meant to be supplementary according to Art. 18. However the Supreme Court ruled that it was not
applicable because when it comes to matters of goods in transport it is desirable that it be resolved at once taking into consideration
the nature of the goods.
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Meant to be a law of justice and fairness especially in instances wherein there is no specific law to prevent acts of
abuse to another.
It is a rule of conduct that is meant to create a harmonious and orderly relation ship between people
Speaks of the general sanction for all other provisions of law, which do not especially provide their own sanction.
Designed to fill in the countless gaps in the statues, which leave many victims without recourse.
Elements:
1.
There is an act which is legal
2.
But which is contrary to morals, good customs, public order, public policy
3.
And it is done with intent to injure
- Presupposes material or other loss which one may suffer as a result of another persons act
UNJUST ENRICHMENT: one should not unduly profit on something which he does not own
- Thus if one is benefited at the expense of another, he must pay or indemnify the other for what he has gained.

*The three articles are related to each other and under these articles
an act, which causes injury to another, may be made the basis for an
award for damages.

It is the courts duty to render justice and give protection on account of those who are disadvantage due to moral dependence,
ignorance, indigence (poverty), mental weakness, tender age or other handicap.
The courts at the instance of the government or any private charitable institution can order one to stop extreme spending during
times of emergency.
Ex. There is a gasoline scarcity and a rich man buys tons and tons of gasoline to power his private amusement park. the court may
order him to seize such at the instance of the government or charitable institution to prevent such in times of emergency.
- Meant to enforce the right of one to his privacy in ones own home, religious freedom, prevent moral suffering, vexation, humiliation,
- One may file an action for damages against the officer who does not perform his official duty without just cause.
- A public officer who commits a tort or other wrongful act is still liable to the victim.
- Necessary to promote a system of free enterprise and a fair chance for others to engage in business and earn a living.
- If in a criminal case, the accused is not proven guilty beyond reasonable doubt a civil action may be made and the degree of proof
necessary is only a preponderance of evidence which means that more evidence is adduced to prove the guilt of the accused
compared to that to defend him.
- A civil obligation arising from a criminal offense only needs a preponderance of evidence as the quantum of proof,
Usually a criminal proceeding, if commenced, must be terminated before a civil proceeding can begin. If a civil
proceeding has begun and later on a criminal proceeding is filed, the civil proceeding is put on hold until the criminal
proceeding has finished.
However when the civil obligation is separate from the crime committed it may proceed independently of the criminal
proceeding.
Certain injuries do not arise from the commission of a crime.
Ex. A bus driver crashes the bus because he is drunk. The civil action here is based from the breach of the contractual obligation of
all common carriers to take extra diligence in driving his passengers. The criminal action here is based on the drivers criminal
negligence. The first is governed by the civil code and the second is from the Revised Penal Code.
- Necessary to have an absolute separate and independent civil action for the violation of civil liberties for the effective maintenance
of democracy.
- Principle is to allow the citizen to enforce his rights regardless of State action so that citizens will not depend upon the government
for the vindication of their own private rights.
- Includes fraud, defamation, physical injuries and are understood in their ordinary sense.
When there is danger to life or property, such peace officer shall be primarily liable for damages, and the city or
municipality shall be subsidiarily responsible.
An independent civil action can be instituted wherein a preponderance of evidence is all that is required.
- When a person claiming to be injured by a criminal offense, charges another but the judges fails to find any crime to have been
committed or if the prosecuting attorney refuses/fails to institute criminal proceedings
The general rule is that the criminal case takes precedence; an exception would be if there exist prejudicial questions,
which should be resolved before the criminal case.
PREJUDICIAL QUESTION: That which must precede the criminal action that which requires a decision before a final judgment is
rendered in the principal action where the said question is closely connected. The resolution of the Prejudicial question will determine
if the criminal action may proceed.
Ex. A and B got married. B then married C. A filed a case for bigamy against B. B also filed a civil case against C (the second
spouse) contending that she was intimidated into marrying C. The civil case to determine whether there was intimidation or not must
necessary be resolved before the bigamy case. If B was indeed intimidated in marrying C, there is no bigamy.

*If the officer is no day off, then one cannot file an action against him.

JURIDICAL CAPACITY: fitness to be the subject of legal relations, inherent in every person and is lost only through death.

*Criminal negligence (reckless imprudence) is not included in this

article, thus an independent action for such cannot be made
independently from the criminal prosecution.

Art. 38: Restrictions on the capacity to act

Art. 39: Modification or limit capacity to act
NATURAL PERSONS
Art. 40: Commencement of Civil personality

- Acquired when one is conceived (rights of the unborn child)

CAPACITY TO ACT: power to do acts with legal effect, may be acquired of lost
1
- Acquired when one reaches the age of majority, lost in cases like civil interdiction .
Restrictions on the capacity to act: Minority, insanity or imbecility, state of being a deaf-mute, prodigality, and civil interdiction are
mere restrictions on the capacity to act. Do not exempt the person from certain obligations.
Modify/limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage,
absence, insolvency, and trusteeship.
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Art. 41: conditions to determine when the child is

considered conceived.

Art. 42: Civil personality extinguished at death

Art. 43: Doubt between the death of two or more

persons

JURIDICAL PERSONS
Art. 44: Who are juridical persons
Art. 45: What governs juridical persons
Art. 46: Rights and obligations of juridical persons

Art. 47: Dissolution of corporations

CITIZENSHIP AND DOMICILE
Art. 48: Who are citizens of the Philippines
Art. 49: Naturalization and reacquisition of loss
citizenship
Art. 50: Domicile of natural persons

Art. 51: Domicile of juridical person

Birth determines personality but the conceived child shall be considered born for all purposes that are favorable to it.
Provided that the conceived child is later born with the conditions in Art. 41.
The fetus is considered born if it is alive from the time it was completely delivered from the mothers womb. BUT if the
fetus was alive in the womb for less than 7 months it is not deemed born if it dies within 24 hours it is delivered form the
womb.
Death puts an end to civil personality
Dead person continues to have personality only through contract, will, or as determined by law. Creditors can still
claim from the estate of the deceased any obligation due to them.
No human body shall be buried unless the proper death certificate has been presented and recorded however during
an epidemic bodies may be buried provided that the death certificate be secured within 5 days after the burial.
Applies to persons who are called to succeed each other like mother and child. (Necessary to determine the amount of
inheritance one is to receive, transmission of rights, etc.)
If there is no proof as to who died first, they are presumed to have died at the same time and thus no transmission of
rights from one to the other.
Proof of death cannot be established from mere inference or presumptions. It must be established by clear positive
evidence.

-For purposes of inheritance and succession, a child conceived at the

time of death of the decedent can s

JURIDICAL PERSON: Being of legal existence susceptible of rights and obligations.

1.
State: organized corporate society under a government with the legal competence to exact obedience of its commands.
It can enter into treaties and contracts.
- The state cannot be sued without its consent (implied or expressed)
2.
Political subdivisions: municipal corporations that consist of provinces, cities and municipalities. They can be sued
because it is granted by their charters but they are generally not liable for torts committed in the discharge of their
governmental functions.
3.
Corporation: An artificial being created by operation of law and has the powers and attributes granted to it by the law,
which created it.
4.
Partnership: 2 or more persons bind themselves to make contributions to a common fund with the intention of dividing
the profits among themselves.
*Corporations, partnerships, and associations for private interest and purpose may be granted a separate and distinct personality
from the shareholders or members (this is known as the veil of corporate fiction). However, this veil may be pierced, thus making the
shareholders and members liable, when the fiction is used to defeat public convenience, justify wrong, protect fraud, defend crime,
perpetrate deception, etc.
*State and political subdivisions, other corporations, institutions, and entities for public interest or purpose are governed by the laws
creating them.
*Private corporations are regulated by laws of general application on the subject
*Partnerships are governed by the provisions of this Code concerning partnerships
*Juridical persons may acquire and possess property of all kinds and incur obligations in conformity with the laws and regulations of
their organization.
Upon the dissolution of such entities mentioned above, their properties and other assets should be disposed of in
pursuance of law or the charter creating it.
If there is nothing in the law, it shall be applied for a similar purpose for the benefit of the region/province/city it is in.
Citizens of the Philippines:
1.
Those who are citizens at the time of the adoption of the Philippine Constitution.
2.
Those born in the Philippines, before the adoption of the said constitution, with foreign parents who have been elected
to public office in the Philippines.
3.
Those whose Fathers are Filipino
4.
Those whose mothers are Filipino and elect Philippine Citizenship when they reach the age of majority.
5.
Those who are naturalized
DOMICILE: Fixed permanent resident, a place wherein, although one may be absent from, one still has the intention of returning and
remaining for an unlimited time. There is only one domicile.
A minor follows the domicile of his parents
Change in Domicile:
1.
An actual removal or an actual change or domicile
2.
A bona fide intention of abandoning the former domicile and establishing a new one.
3.
Act, which correspond with the purpose (physical presence in the area, move family in area, register as a voter in the
area, etc.)
RESIDENCE: Indicates a place of abode whether permanent or temporary, not necessarily the domicile. There may be more than
one residence.
- When the law creates or recognizes a juridical person but doesnt fix the domicile it shall be understood to be the place where it has
legal representation

THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3, 1988 signed by President Corazon Aquino (Executive Order 209)
REQUISITES OF MARRIAGE:
Article
Summary of Annotation
Art. 1: Marriage is a special contract of permanent
Nature of Marriage:
union between a man and a woman entered into in
-Marriage is one of the basic civil rights of man. The freedom to marry has been recognized as a vital personal right towards the

* Both men and women are qualified from all acts of civil life when
they reach the age of majority (18 years old)

Jus Sanguinis: Refers to citizenship by blood. This is the concept

followed in the Philippines.
Jus Soli: Refers to citizenship on the basis of the place of birth
Acquisition of Citizenship: for a foreigner to be able to become a
Philippine citizen, a proper petition shall be filed in the proper court.
Ground for Reacquisition of Citizenship:
1.By naturalization
2.Repatriation of deserters of the Army, Navy or Air Corps. (Woman
who has lost her citizenship by reason of marriage to an alien may be
repatriated after the termination of her marital status)
3.By direct act of congress

Additional Info/Exceptions/Connected with:

*Marriage as a special contract cannot be restricted by discriminatory
policies of private individuals or corporations.

An accessory penalty for the commission of an offense, which deprives the offender during the time of his sentence the rights of parental authority, or guardianship, right to manage his property and the right to dispose of such property by any act.

accordance with the 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 the code.

pursuit of mans happiness.

-Still considered as a special civil contract regulated by law due to the high state interest in protecting and safeguarding the family.
-A contract to marry, unlike other contracts, cannot be modified or changed. Once it is executed a relation is formed between the
parties that cannot be altered. The law steps in to hold or bind the parties together.
-A subsequent marriage between the rapist and raped victim extinguishes the criminal action or penalty of the rapist. In case of
2
marital rape
Marriage Status: Marriage creates a social status, which the state is interested in protecting. It is a case where a double status is
created, involves and affects two persons.
Marriage in International Law: men and women of full age without any limitation due to race, nationality or religion have the right to
marry and found a family.
1. Universal Declaration of Human Rights
2. International Covenant on Economic, Social and Cultural Rights
3. International Covenant on Civil and Political Rights.

MAIL-ORDER BRIDE: considered as a criminal offense because

marriage is vested with public interest. (Connected with the AntiTrafficking Act)
Acts punished:
1. Carry on such a business
2. To advertise the promotion of such acts.
3. Solicit or attract or any Filipino woman to become a member in a
club that matches women for marriage to foreign nationals for a fee.
4. Use the postal service to promote the prohibited acts.
VALIDITY OF MARRIAGE: governed by the law effective at the time of
the celebration of the marriage.

Constitutional Protection: The State recognizes the sanctity of family life and shall protect and strengthen it. The state also
recognizes marriage as an inviolable social institution and the foundation of the family and shall be protected by the state.
* The constitutional provisions on marriage however do NOT mean that legislature cannot enact a law allowing absolute divorce.
Marriage is subject to the control of the legislature but it must not contravene mandates of Constitution.

Art 2: No marriage shall be valid unless these

essential requisites are present:
1.
Legal capacity of the contracting parties
who must be a male and female.
2.
Consent freely given in the presence of
the solemnizing officer

Art. 3: The formal requisites of marriage are:

1.
Authority of the solemnizing officer
2.
A valid marriage license except in the
cases provided for in Chapter 2 of this
title
3.
A marriage ceremony which takes place
with the appearance of the contracting
parties before the solemnizing officer and
their personal declaration that they take
each other as husband and wife in the
presence of not less than 2 witnesses of
legal age.
Art. 4: The absence of any of the essential or formal
requisites shall render the marriage void ab initio,
except as stated in Article 35 (2) (when one of the
contracting parties believed in good faith that the
solemnizing officer had authority then the marriage is
valid)
A defect in any of the essential requisites shall render
the marriage voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect
the validity of the marriage but the party or parties
responsible for the irregularity shall be civilly, criminally
and administratively liable.
Art. 5: Any male or female of the age of eighteen years
or upwards not under any of the impediments
mentioned in Articles 37 and 38 (incestuous marriages
and those against public policy.) may contract
marriage.

Property Relations: Only property relations may be fixed and arranged in a marriage settlement prior to the marriage ceremony.
However it must still follow the mandatory provisions of the Family Code.
LEGAL CAPACITY: Marrying age is 18 years old and above, thus if one of the contracting parties is below 18 years of age, the
marriage is void.
They cannot be related to each other as provided by Art. 37 and Art. 38 (incestuous marriages and those against public
policy).
There should be no previous valid subsisting marriage; otherwise the subsequent marriage will be bigamous.
DIFFERENT SEX: There should be a male and a female. Marriage is desirable due to the importance of procreation which is one of
the reasons why same sex marriages are prohibited (due to the impossibility of reproduction)
CONSENT:
1.
Must be freely given
2.
Made in the presence of the solemnizing officer
Absence of consent makes the marriage void. However if there is consent but such was obtained through force, fraud,
undue influence, etc then it is only voidable.
AUTHORITY OF THE SOLEMIZING OFFICER:
Those enumerated in Article 7, he must have the authority. Thus a priest who has not renewed his license to marry
does not have the authority and cannot be considered for marriage.
The Local Government Code (Jan. 1, 1992) provides that a mayor of a city or municipality may now solemnize
marriages.
Chapter 2 Title 1 of Family Code: exempt from license
1.
Article 27: Both parties are in articulo mortis marriage will be valid even if the ailing party survives.
2.
Article 28: Residence is in a remote place

In both cases the solemnizing officer must state in an affidavit that the marriage was performed as such and that he
took necessary steps to ascertain the ages and that there were no legal impediments to the marriage.
3.
Article 33: Marriages among Muslims or ethnic cultural communities, as long as performed in accordance with their
customs, rites, practices.
4.
Article 34: Cohabitation by the couple for 5 years
* Muslims are governed by Code of Muslim personal laws of the Philippines and not the Family code but the other ethnic groups must
comply with the other requisites as they are governed by the Family code.
5.
Article 34: Cohabitation between man and woman for at least 5 years with no legal impediment at time of marriage.
VALID MARRIAGE LICENSE:
- Lasts for 120 days from the date of issue and effective within any part of the Philippines only.

Sex change: has not been shown that sex reassignment surgery would
allow one to produce human beings.
Thoughts to ponder: Marriage should no to be enjoyed only by
heterosexual couples. The right to marry, found a family, identity,
personality are all rights of human beings.
*Parties must be personally present, proxy marriages is prohibited in
the Philippines.

*Presumption leans towards the legality of the marriage thus the

authority of the officer is presumed absence the showing any proof to
the contrary.
Merely Irregularities in marriage license:
1.
Marriage license was made in a different place other than
their residence.
2.
Name stated therein is different or misspelled
3.
Misrepresentation of age (but has to be emancipated18
years and above)
4.
Non-disclosure of prior marriage and divorce
5.
Falsely stated that he or she had not been previously
married.
6.
Falsely swore that he or she is not under guardianship.
* If the couple have a valid marriage license but forgot to bring it then
marriage will be valid (but if they dont have one and procured one after
the marriage ceremony the marriage will be void)
* Common law marriages, which are non-ceremonial, are not
recognized in the Philippines.

MARRIAGE CEREMONY:
- Family code only recognizes ceremonial marriages but there is no prescribed form of marriage ceremony.
- The minimum requirement is that the parties personally appear before the solemnizing officer and declare that they take each other
in the presence of at least 2 witness of legal age.
* Declaration does not have to be vocally expressed may be inferred by the words used, the manner the ceremony was made, etc. If
a wedding took place there is a presumption that there was an exchange of vows.
* The absence of 2 witnesses of legal age is merely an irregularity in the ceremony and does not affect the validity of the marriage.

Art. 6: No prescribed form or religious rite for the

solemnization of the marriage is required. It shall be
necessary, however, for the contracting parties to
appear personally before the solemnizing officer and
declare in the presence of not less than two witnesses

Marital rape is now considered a crime wherein the legal husband is the offender and the wife is the victim. Prior to this marital rape was not considered a crime because it was considered the right of the husband to have sexual intercourse with his wife
whenever he pleased.

of legal age that they take each other as husband and

wife. This declaration shall be contained in the
marriage certificate which hall be signed by the
contracting parties and their witnesses and attested by
the solemnizing officer.
In case of marriage in articulo mortis, when the party is
at the point of death is unable to sign the marriage
certificate, it shall be sufficient for one of the witnesses
to the marriage to write the name of said party, which
fact shall be attested by the solemnizing officer.
Art. 7: Marriage may be solemnized by:
1.
Any incumbent member of the judiciary
within the courts jurisdiction
2.
Any priest, rabbi, imam, or minister of any
church or religious sect duly authorized
by his church or religious sect and
registered within the civil registrar
general, acting within the limits of the
written authority granted him by his
church or religious sect and provided that
at least one of the contracting parties
belongs to the solemnizing officers
church or religious sect
3.
Any ship captain or airplane chief in
cases mentioned in Article 31
4.
Any military commander of a unit to which
a chaplain is assigned, in the absence of
the latter, during a military operation,
likewise only in the cases mentioned in
Article 32 or
5.
Any consul-general, consul or vice consul
in the case provided in Article 10.
Art. 8: The marriage shall be solemnized publicly in the
chambers of the judge or in open court in the church,
chapel or temple, or in the office of the consul-general,
consul or vice-consul, as the case may be, and not
elsewhere, except in the cases of marriages contracted
at the point of death or in remote places in accordance
with Article 29 of this Code, or where both of the
parties request the solemnizing officer in writing in
which case the marriage may be solemnized at a
house or place designated by them in a sworn
statement to that effect.
Art. 9: A marriage license shall be issued by the local
civil registrar of the city or municipality where either
contracting party habitually resides, except in
marriages where no license is required in accordance
with Chapter 2 of this Title.
Art. 10: Marriages between Filipino citizens abroad
may be solemnized by a consul-general, consul or vice
consul of the Republic of the Philippines.
The issuance of the marriage license and the duties of
the local civil registrar and of the solemnizing officer
with regard to the celebration of marriage shall be
performed by said consular official.
Art. 11: Where a marriage license is required, each of
the contracting parties shall file separately a sworn
application for such license with the proper local civil
registrar which shall specify the following:
1.
Full name of the contracting parties
2.
Place of birth
3.
Age and date of birth
4.
Civil Status
5.
If previously married, how, when and
where the previous marriage was
dissolved or annulled
6.
Present residence and citizenship
7.
Degree of relationship of the contracting
parties
8.
Full name, residence and citizenship of
the father
9.
Full name, residence and citizenship of
the mother
10.
Full name, residence and citizenship of
the guardian or person having charge, in
case the contracting parties has neither
father nor mother and is under the age of

There is a need to limit the persons who can solemnize marriages since marriage is an important institution the state
wants to safeguard and protect.
Because the state is interested in marriage, it becomes a party thereto by manifested in the consent required and
granted to limited number of officers.
JUDGES: they can only solemnize marriages within their jurisdiction and they must be incumbent.
Court of Tax Appeals, Sandiganbayan, Court of Appeals, Supreme Court: National jurisdiction

Absence of jurisdiction would mean the absence of the authority of the solemnizing officer and thus the marriage will be
null and void.
PRIEST/MINISTER OF A CHURCH OR RELIGIOUS SECT: he should be authorized by the church to do so, he must be registered
with the civil registry, and at least one of the contracting parties belongs to his or her church.
SHIP CAPTIAN/PILOT: one of the parties must be at the point of death, the marriage must be between the passengers or
crewmembers, and the ship or plane must be at sea or in flight.

An assistant pilot has no authority to solemnize marriages even if the main pilot dies.
MILITARY COMMANDER: He or she should be a military commander of a unit, he or she must be a commissioned officer (his rank
should start from second lieutenant), a chaplain should have been assigned to the unit and such chaplain is absent, the contracting
parties must also be in articulo mortis either members of the military operation or civilians, must be within military zone (there should
be widespread military activity not merely practice).
CONSUL-GENERAL, CONSUL, OR VICE CONSUL: they can only solemnize marriages abroad when both the contracting parties
are Filipino.
* They also perform the duties of a local civil registrar (like issuing the license etc.)
* No matter where they are the solemnities and requirements mandated by Philippine Law shall be observed.
MAYOR: Pursuant to the Local Government Code, the mayor of a city or municipality can now solemnize marriages.
* When the mayor cannot perform his duties, the acting mayor has the authority to solemnize marriages.
Not mandatory but directory in nature.
Its non-compliance will not make the marriage void but will only cause civil, criminal, or administrative liability.
Exceptions to venue stated:
1.
When the marriage is in articulo mortis
2.
When the marriage is in a remote place (transportation etc. is difficult to come by)
3.
When requested by both parties in writing.

- The marriage license should be procured from the civil registrar of the city or municipality where either of them resides. However if
they obtain it from another place it is merely an irregularity and does not affect the validity of the marriage.

The consular officials absorb the duties of the local civil registrar and the solemnizing officer when Filipinos wish to be
married abroad.
The ceremony and requirements should be in accordance with Philippine law.

Stating all relevant facts needed in order to determine legal capacity to marry and the eligibility of the parties.
Main purpose is to discourage deception, and relieve from doubt the status of parties who live together.
Provides evidence of the status and legitimacy of offspring.
MARRIAGE APPLICATION: the civil registrar has to process and issue a marriage license. Even if the civil registrar knows of a legal
impediment he cannot discontinue unless stopped by the court. (This is to prevent bribery and abuse by the civil registrar)

* Stopovers during a flight or voyage are still considered part of the

journey.
*If the host country allows marriages to be solemnized by consuls then
even if between a Filipino and non-Filipino, the marriage will still be
valid in accordance with Art. 26, which recognizes international comity.
GOOD FAITH OF PARTIES: if the person who solemnized the
marriage did not legally have the authority to solemnize a marriage, if
both or one of the contracting parties believed that such a person did
have the authority the marriage will be valid.
Ex. A priest did not renew his license to marry therefore does not have
the authority to marry. If one of the contracting parties knew of this but
the other did not the marriage is still valid.
HOWEVER, they must be one of the people who can be authorized if
they are not the marriage will be void (ignorance of the law excuses no
one)
Ex. A couple goes to a janitor to get married. Even if both parties are in
good faith in thinking that a janitor can solemnize a marriage they
should know who by law are authorized to.

twenty one years.

The applicants, their parents or guardians shall not be
required to exhibit their residence certificate in any
formality in connection with the securing of the
marriage license.
Art. 12: The local civil registrar, upon receiving such application, shall require the presentation of the original birth certificates or, in default thereof, the baptismal certificates of the contracting
parties or copies of such documents duly attested by the persons having custody of the originals. These certificates or certified copies of the documents by this Article need not be sworn to and
shall be exempt from the documentary stamp tax. The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity.
If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either because of the destruction or loss of the original or if it is shown by an affidavit
of such party or of any other person that such birth or baptismal certificate has not yet been received though the same has been required of the person having custody thereof at least fifteen
days prior to the date of the application, such party may furnish in lieu thereof his current residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or
any public official authorized to administer oaths. Such instrument shall contain the sworn declaration of two witnesses of lawful age, setting forth the full name, residence and citizenship of such
contracting party and of his or her parents, if known, and the place and date of birth of such party. The nearest of kin of the contracting parties shall be preferred as witnesses, or, in their default,
persons of good reputation in the province or the locality.

- Emancipation is obtained at 18; marriage no longer emancipates a

child because they must be 18 years of age to marry.
- Contracting parties 18 years old and above but BELOW 21 years of
age must obtain the consent of their father, mother, surviving parent, or
guardian in the order mentioned. (Non-compliance makes the marriage
annullable)

The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the
correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be
convinced that either or both of them have the required age.
Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding
article, the death certificate of the deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her previous marriage.
In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and date of death of the deceased
spouse.
Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the
requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of
them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit
made in the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall be recorded in both applications for marriage
license, and the affidavit, if one is executed instead, shall be attached to said applications.
Art. 15: Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such
advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefore. A sworn statement by the
contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or
guardian refuse to give any advice, this fact shall be stated in the sworn statement.

- Absence of parental advice does not affect the marriage.

- Only delays the issuance of the marriage license for 3 months but
after 3 months the license must be issued.

Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of the preceding articles, attach a certificate
issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect that the
contracting parties have undergone marriage counseling. Failure to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three
months from the completion of the publication of the application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall
not affect the validity of the marriage.
Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counseling referred to in the preceding paragraph
Art. 17: The local civil registrar shall prepare a notice,
- It is the duty of the civil registrar to post a notice informing the public of the impending marriage. The purpose of which is so that
which shall contain the full names and residences of
persons having knowledge of any impediment to the marriage can inform the local civil registrar.
the applicants for a marriage license and other data
- It is to be posted for 10 consecutive days on a bulletin board outside the office
given in the applications. The notice shall be posted for
- The civil registrar shall be issued after the period of publication.
ten consecutive days on a bulletin board outside the
office of the local civil registrar located in a
conspicuous place within the building and accessible to
the general public. This notice shall request all persons
having knowledge of any impediment to the marriage
to advise the local civil registrar thereof. The marriage
license shall be issued after the completion of the
period of publication.
Art. 18: In case of any impediment known to the local
- If an impediment is made known to the civil registrar he shall merely note it down but he must nonetheless issue the license. This is
civil registrar or brought to his attention, he shall note
because the impediments may not be valid at all.
down the particulars thereof and his findings thereon in
the application for marriage license, but shall
- The purpose of which is to prevent graft and corruption on the part of the civil registry.
nonetheless issue said license after the completion of
the period of publication, unless ordered otherwise by a
- If the marriage license was issued despite court intervention, the marriage will still be valid but the parties responsible may be
competent court at his own instance or that of any
criminally or administratively liable.
interest party. No filing fee shall be charged for the
petition nor a corresponding bond required for the
issuances of the order.
Art. 19. The local civil registrar shall require the
payment of the fees prescribed by law or regulations
before the issuance of the marriage license. No other
sum shall be collected in the nature of a fee or tax of
any kind for the issuance of said license. It shall,
however, be issued free of charge to indigent parties,
that is those who have no visible means of income or
whose income is insufficient for their subsistence a fact
established by their affidavit, or by their oath before the
local civil registrar.
Art. 20: The license shall be valid in any part of the
Philippines for a period of one hundred twenty days
from the date of issue, and shall be deemed

The marriage license is only valid within the Philippines and not abroad.
It is good for 120 days from the date of issue.

EXCEPTIONS:
1.
The courts direct civil registry to refuse giving out the
license
2.
When the requited certificate of legal capacity of
foreigners is not given (Art. 21)

automatically canceled at the expiration of the said

period if the contracting parties have not made use of
it. The expiry date shall be stamped in bold characters
on the face of every license issued
Art. 21: When either or both of the contracting parties
are citizens of a foreign country, it shall be necessary
for them before a marriage license can be obtained, to
submit a certificate of legal capacity to contract
marriage, issued by their respective diplomatic or
consular officials.

A certificate of legal capacity is meant to show that a foreigner is capacitated to marry in his or her country. The
Philippines adheres to the national law of the contracting parties with respect to their legal capacity to contract
marriage.
Ex. In the US 16 years old is the age when one can contract marriage. A 16-year-old US citizen may contract marriage in the
Philippines provided that he gives a certificate from his embassy stating that 16 years old is the legal age to marry.
- If both are citizens of a foreign country and they are married in their embassy there is no need to follow the requirement of marriage
in the Philippines, only those of their country.
-If one is a foreigner and one is a Filipino even if they marry in the consul of the foreigner the certificate of legal capacity and a
marriage license is still necessary.

Stateless persons or refugees from other countries

shall, in lieu of the certificate of legal capacity herein
required, submit an affidavit stating the circumstances
showing such capacity to contract marriage.
Art. 22. The marriage certificate, in which the parties shall declare that they take each other as husband and wife, shall also state:
1. The full name, sex and age of each contracting party
2. Their citizenship, religion and habitual residence
3. The date and precise time of the celebration of the marriage
4. That the proper marriage license has been issued according to law, except in marriage provided for in Chapter
2 of this Title
5. That either or both of the contracting parties have secured the parental consent in appropriate cases
6. That either or both of the contracting parties have complied with the legal requirement regarding parental
advice in appropriate cases and
7. That the parties have entered into marriage settlement, if any, attaching a copy thereof.

Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the marriage certificate referred to in Article 6 and to send the
duplicate and triplicate copies of the certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the marriage was solemnized. Proper receipts shall be
issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage
certificate, the copy of the marriage certificate, the original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the solemnization of the marriage in place
other than those mentioned in Article 8.
Art. 24: It shall be the duty of the local civil registrar to
prepare the documents required by this Title, and to
administer oaths to all interested parties without any
charge in both cases. The documents and affidavits
filed in connection with applications for marriage
licenses shall be exempt from documentary stamp tax.
Art. 25. The local civil registrar concerned shall enter
all applications for marriage licenses filed with him in a
registry book strictly in the order in which the same are
received. He shall record in said book the names of the
applicants, the date on which the marriage license was
issued, and such other data as may be necessary
Art. 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force in the
country where they were solemnized, and valid there
as such, shall also be valid in this country, except
those prohibited under Articles 35 (1), (4), (5) and (6),
3637 and 38. (17a)
Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino spouse
shall have capacity to remarry under Philippine law.

*Presumption is always in the validity of marriage.

Proofs of marriage:
1.
Marriage contract or certificate
2.
Photocopies of the certificate or contract from the local
civil registry
3.
Family bible
4.
Baptismal, birth certificates of kids
5.
Judicial decisions
6.
Testimonies of parties, witness, solemnizing officers
7.
Cohabitation and conduct
8.
Statement in a will
* A certificate of marriage made years after the marriage is
inadmissible as evidence.

- The local civil registrar is the government official charged with the preparation and the keeping of all the official documents.

Art. 26 refers to formal requisites only, however the marriage must still be solemnized.
Marriages that are solemnized abroad and are recognized as valid there will also be recognized as valid here
(international comity)
Ex. If in Vietnam a doctor is authorized to solemnize a marriage and a Filipino couple gets married in Vietnam by a doctor such
marriage will be considered valid in the Philippines.
PROOF OF FOREIGN MARRIAGE: necessary to prove the foreign law and then prove the celebration of marriage. If the law of the
other state is not pleaded nor proved the laws of the Philippines will be presumed to be similar to that of foreign laws.
REMEMBER THE LAWS:
ART. 15: laws relating to family rights and duties, or to the status, conditions and legal capacity of persons are binding upon citizens
of the Philippines even living abroad.
ART. 17: prohibitive laws concerning persons, their acts or property and those which have for their object public order, public policy
and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed
upon in a foreign country
ABSOLUTE DIVORCE:
Absolute divorce is not recognized in the Philippines; even if the couple was married abroad the divorce will not be recognized here if
one of them is a Filipino. The divorce may be recognized in the foreign country where it was obtained but not in the Philippines. But
the divorce of a foreign citizen abroad is recognized in the Philippines as the Philippines recognizes legal capacity of a foreign
person.
*If a Filipino changes citizenship then he can get a
divorce and if he reacquires his Filipino citizenship
after that the divorce will still hold.
If a Filipina marries a foreigner and the foreigner obtains a divorce, the Filipina can marry.
If the Filipina obtains a divorce although not recognized in the Philippines, it will be recognized against the foreigner and
thus the foreigner will not have legal standing to sue for adultery or claim for property after the divorce.

MARRIAGES EXEMPT FROM LICENSE REQUIREMENT

Art. 27: In case either or both of the contracting parties
are at the point of death, the marriage may be
solemnized without necessity of a marriage license and
shall remain valid even if the ailing party subsequently
survives.

* The civil registry cannot issue a license without the certificate of legal
capacity however if the civil registry does issue the marriage will still be
valid.

Solemnizing officers and the mayor are empowered to solemnize marriages even without a marriage license if either or
both of the contracting parties are at the point of death.
Even if the ailing party survives after the marriage, the marriage will still be valid.

EXCEPTIONS to international comity:

-Either or both contracting parties are Filipinos and below 18 years of
age
-Polygamous and bigamous marriages recognized abroad will not be
valid here.
-Marriage abroad where there is mistake of identity of the other
contracting party is not recognized here.
-Marriage by a Filipino to one who is psychologically incapacitated is
not valid here
-Marriages that are incestuous are not valid here even if celebrated
abroad and valid there. (Art. 37)
-Marriages against public policy are not valid here either (Art. 38)
-Common law marriages are not recognized here, the marriage must
still be solemnized and not contracted.
-Same sex marriages between Filipinos are not valid even if done
abroad.
* If a Filipino contracts a foreign marriage which is null and void under
the laws of the state where it has been solemnized then such marriage
will likewise be null and void in the Philippines.
*If a marriage celebrated abroad is invalid in that country but
considered valid in the Philippines, the marriage will still be invalid. The
law where the marriage has been solemnized shall apply.

Art. 28. If the residence of either party is so located

that there is no means of transportation to enable such
party to appear personally before the local civil
registrar, the marriage may be solemnized without
necessity of a marriage license.
Art. 29: In the cases provided for in the two preceding
articles, the solemnizing officer shall state in an
affidavit executed before the local civil registrar or any
other person legally authorized to administer oaths that
the marriage was performed in articulo mortis or that
the residence of either party, specifying the barrio or
barangay, is so located that there is no means of
transportation to enable such party to appear
personally before the local civil registrar and that the
officer took the necessary steps to ascertain the ages
and relationship of the contracting parties and the
absence of legal impediment to the marriage.
Art. 30: The original of the affidavit required in the last
preceding article, together with the legible copy of the
marriage contract, shall be sent by the person
solemnizing the marriage to the local civil registrar of
the municipality where it was performed within the
period of thirty days after the performance of the
marriage.
Art. 31: A marriage in articulo mortis between
passengers or crew members may also be solemnized
by a ship captain or by an airplane pilot not only while
the ship is at sea or the plane is in flight, but also
during stopovers at ports of call.
Art. 32: A military commander of a unit, who is a
commissioned officer, shall likewise have authority to
solemnize marriages in articulo mortis between
persons within the zone of military operation, whether
members of the armed forces or civilians.
Art. 33: Marriages among Muslims or among members
of the ethnic cultural communities may be performed
validly without the necessity of marriage license,
provided they are solemnized in accordance with their
customs, rites or practices.
Art. 34: No license shall be necessary for the marriage
of a man and a woman who have lived together as
husband and wife for at least five years and without
any legal impediment to marry each other. The
contracting parties shall state the foregoing facts in an
affidavit before any person authorized by law to
administer oaths. The solemnizing officer shall also
state under oath that he ascertained the qualifications
of the contracting parties are found no legal
impediment to the marriage.

- This envisions a situation wherein the residence of either party is so located that there is no means of transportation to enable such
party to appear personally before the local civil registrar, the marriage may be solemnize without a marriage license.

The solemnizing officer here are those authorized to solemnize under Article 7 and the mayor provided that they
solemnize the marriage within their jurisdiction and within the authority given to them.

A pilot or ship captain may solemnize only marriages at the point of death while the plane is in flight or the ship is at sea
even during stopovers (it is still considered part of the flight/voyage).
They can only solemnize marriages between their passengers and crew members

* If something happens to the main or principal pilot the second in

command cannot solemnize marriages. (They are not authorized to by
law)

nd

The military commander must be a commissioned officer (his/her rank should start from 2 lieutenant, ensign and
above)
He should be a commander of a unit.
There should be a chaplain assigned to the unit
The marriage should be at the point of death and in the absence of the chaplain assigned
The marriage must be solemnized within the zone of military operations.
The contracting parties may either be member of the armed forces or civilians.
Marriages between parties that belong to ethnic groups, pagans or Muslims are exempt only from procuring a marriage
license. The marriage must still be solemnized in accordance with their customs, rites and practices.
Muslims are governed by the Code of Muslim Personal Laws of the Philippines thus they are not governed by the
Family Code unlike other ethnic groups who do not have separate laws.
Persons cohabiting for at least 5 years living together as husband and wife are exempt from obtaining a marriage
license.
At the time of marriage, they should be without any legal impediment to marry each other. Thus during the 5 year
period, it is not necessary that there is no legal impediment it is only necessary at the time of marriage that there is
none.
The parties shall state the fact of their cohabitation and the absence of any legal impediment to marry in an affidavit
under oath.

*The solemnizing officer shall also state under oath that he ascertained
the qualifications of the parties and that he found no legal impediment.
The fact that the officer to investigate shall not invalidate the marriage.

Matters that dont affect the validity of the marriage:

Article 18: if the civil registry gives the license despite the courts ordering an injunction to order the civil registry not to give the marriage license.
Article 21: if the civil registry gives the license despite absence of certificate of legal capacity of foreigners.
Article 35: When the solemnizing officer failed to investigate whether or not there was an impediment to the marriage in marriages after 5 years of cohabitation.
MARRIAGES VOID AB INITIO: Not valid from its inception. No rights can flow from it and can never be ratified. (Judicial declaration of nullity).
Art. 35: The following marriages shall be void from the
Article 2, 3, 4: when all the essential and formal requisites of a marriage are absent
beginning:
Only marriages declared by the legislature, as void should be treated as such. There can be no other void marriage except those provided by law.
(1) Those contracted by any party below eighteen
years of age even with the consent of parents or
Void Marriage
Voidable
guardians;
Cant be a source of rights
Can be source of rights
(2) Those solemnized by any person not legally
Cant be ratified
Ratified by prescription or cohabitation
authorized to perform marriages unless such
Can be attacked collaterally.
Can only be attacked directly
marriages were contracted with either or both parties
Can be questioned after death of parties
Only assailed during lifetime of parties
believing in good faith that the solemnizing officer had
Action for nullity has no prescription
Action prescribes
the legal authority to do so;
Estoppel or acquiescence does not apply to remedy the infirmity of a void marriage. Thus if one of the parties stated under oath that they were 25 when they were actually 16 the marriage is void
(3) Those solemnized without license, except those
despite the oath.
covered the preceding Chapter;
Good faith and bad faith generally is immaterial in void marriages except: when either of the parties believed in good faith that the solemnizing officer had the authority to solemnize the marriage
(4) Those bigamous or polygamous marriages not
when in fact he had none. Second, in case the spouse disappears for 4 years or 2 years in proper cases the present spouse may marry again if there is a judicial declaration of presumptive death
failing under Article 41;
and at the time of the celebration of marriage either spouse is in good faith that the absent spouse is still absent.
(5) Those contracted through mistake of one
Ex. W is married to H and W disappears for 4 years and is judicially declared presumptively dead. H later on is to marry W2. W2 however sees W the day before the wedding but does not tell H.
contracting party as to the identity of the other; and
As long as H is in good faith and does not know of the presence of W the marriage will still be valid.
(6) Those subsequent marriages that are void under
Generally evidence other than a judicial declaration of nullity can be presented except (direct attack needed) for purposes of remarriage, validity of marriage is essential to the determination of the
Article 53.
case, and when a donor desires to revoke a donation propter nuptias.
BELOW 18 YEARS OF AGE: not capacitated to marry even if with parental consent.
History: 14 male, 12 female: minimum age for effective procreation

Art. 36: A marriage contracted by any party who, at

the time of the celebration, was psychologically
incapacitated to comply with the essential marital
obligations of marriage, shall likewise be void even if
such incapacity becomes manifest only after its
solemnization.

16 male, 14 female: Maturity and responsibility were taken into consideration.

Gender Roles: ability of men to provide and ability of women to care for the
household.
18 for both: No significant difference in terms of maturity of male and female.
Science shows below 18 leads to unsafe pregnancies.
NON-AUTHORITY OF SOLEMNIZER:
Exception: If EITHER or both of the contracting parties believed in good faith that he had such authority. The good faith of the party is what is referred to not the solemnizing officer.
- Unless it was ignorance of the law then the marriage will be void. The person must be one of the people in Article 7 thus if a couple is married by a janitor, them believing that a janitor can celebrate a
marriage, the marriage will be void.
Exception: Marriage was done abroad and such officer is valid in that country
BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married men or women from contracting a subsequent marriage when their consort is still alive.
Exception:
That mentioned in Article 41 regarding appearance of a spouse after a declaration of presumptive death.
Those provided for under the Muslim code.
nd
When the first marriage was actually void with a judicial declaration of nullity. Without judicial declaration of nullity then 2 marriage will be void under Article 40.
MISTAKE IN IDENTITY: An instance of fraud, which is a ground for the nullity of the marriage. Here the contracting party absolutely did not intend to marry the other, as the same is not the person he or she
actually knew before the marriage.
Does not include: mistake in name, character of person, attributes, age, social standing,
religion, pedigree, pecuniary means, temperaments, acquirements, condition in life,
previous habit.
VOID UNDER ARTICLE 53: Marriages that have annulled or declared null and void must undertake the liquidation, partition and distribution of their properties, delivery of presumptive legitimes, etc. to be able
to remarry.
Psychological incapacity to comply with the essential marital obligation of marriage at the time of marriage, even if it becomes
P.I.
Insanity
manifest after the solemnization of the marriage.
Cannot be cured
Can be cured
Not defined and thus left on a court-to-court basis. A person may actually be efficient in doing other things such as
No consent present
Consent
can
be
his profession but with regards to his married life it can be different.
since he does not
given during lucid
Not just stubborn refusal but attributed to psychological causes (not necessarily insane)
know
the
true
interval
Lacking in the exercise of the judgment not lack of judgment
meaning of marriage
True inability to commit oneself to the essentials of marriage psychosexual disorders or other personality
disorders
Inability to commit to the essentials of marriage procreation, education of offspring, community of life and love
Must be characterized by:
1.
Gravity- grave or serious
2.
Juridical antecedence rooted in history of the party and may manifest after the marriage.
3.
Incurability

Art. 37: Marriages between the following are

incestuous and void from the beginning, whether
relationship between the parties be legitimate or
illegitimate:
(1) Between ascendants and descendants of any
degree; and
(2) Between brothers and sisters, whether of the full or
half blood.
Art. 38: The following marriages shall be void from the
beginning for reasons of public policy
(1) Between collateral blood relatives whether
legitimate or illegitimate, up to the fourth civil
degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted
child;
(5) Between the surviving spouse of the adopting
parent and the adopted child;
(6) Between the surviving spouse of the adopted child
and the adopter;
(7) Between an adopted child and a legitimate child of
the adopter;
(8) Between adopted children of the same adopter;
(9) Between parties where one, with the intention to
marry the other, killed that other person's spouse, or
his or her own spouse.

Jurisprudential Guidelines (CA v. Molina):

1.
Burden of proof to show the nullity of marriage belongs to the plaintiff.
2.
Root cause must be medically or clinically identified, alleged in the complaint, sufficiently proven by experts, clearly
explained by the decision, must be psychological not physical.
3.
Proven to be existing at the time of the celebration of the marriage
4.
Must be incurable (may be absolute or relative to the given spouse)
5.
Must be grave
3
6.
Essential marriage obligations are those embraced in articles 68 to 71 and Articles 220, 221, 225 with regards to
parents and children.
7.
Interpretations in National Appellate Matrimonial tribunal of Catholic Church though not binding are persuasive
Reasons to Condemn Incestuous Marriages:
1.
Abhorrent to nature
2.
Brings about confusion of rights and duties
3.
Deficient and degenerate offspring
4.
Control sex rivalries within families
5.
To guide one towards the creation of new nuclear family
6.
Brings about confusion with status

PROOF to show P.I.:

1.
Observe of duties (living together, etc.)
2.
Procreation
3.
Obligation of parents to children.
4.
Senseless and protracted refusal to have intercourse
5.
Unreasonable attachment to ones other family or barkada
6.
Transvestism
7.
Indulgence of private fantasy
8.
Alcohol/substance abuse
9.
Extreme immaturity

* The relationship being legitimate or illegitimate is immaterial

Simulates blood relations although legal fiction (bond created by law, against public policy)
COLLATERAL BLOOD RELATIVES: may cause the same reasons as Art. 37 but to a lesser degree.
COLLATERAL HALF-BLOOD RELATIVES BY CONSANGUINITY: the law does not provide that marriages between collateral blood relatives by the half-blood are prohibited.
Case Law: In Re: Simms Estate
Because of specification in brothers and sisters and no specification with uncles and nieces, marriage between uncles and nieces are not prohibited
Unlike ruling in Audley where it deemed it was unnecessary
Marriage between uncles and nieces who are half-blood is valid due to the presumption in favor of marriage.
RELATIONSHIP BY AFFINITY (made through marriage): The only marriages by affinity prohibited in the Family Code are marriages between stepparents and stepchildren and parents-in-law and children-inlaw. (May destroy the peacefulness in family relations)

Stepbrother and stepsister can marry each other since not included in the prohibition.
*In the event that the marriage is annulled or nullified or in the event that the marriage is terminated by death affinity is terminated and thus those that were prohibited due to affinity can now marry each other.
Unless there are living issues (children) in whom the blood of the parties continue to commingle.
ADOPTIVE RELATIONSHIP:
Who they cannot marry:
Adopter
Adopted
The adopted
The adopter
The surviving spouse of the adopted (Envisions that the marriage was
The surviving spouse of adopter
terminated due to death. But if the marriage was terminated after the
(Envisions that the marriage was terminated due to death. But if the
finality of a nullity or annulment decree then they can get married)
marriage was terminated after the finality of a nullity or annulment

Article 68: husband and wife are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support. Article 69: Husband and wife shall fix the domicile and in case of disagreement the court shall decide. Article 70:
spouses are jointly responsible for the support of the family and the expenses for such support and other conjugal obligations shall be paid from community property, income or fruits of separate property, or separate property. Article 71: management of
household shall be right and duty of both spouses.

decree then they can get married)

Legitimate children of adopter
Other adopted children of the adopter
Who can they marry:
Adopter
Children of adopted
Natural parent
Other relatives
Spouse of adopted if alive and not married to adopted

Adopted
Parents of adopter
Illegitimate child of the adopter
Other relatives
Spouse of adopter if alive and not married to adopter

INTENTIONAL KILLING OF SPOUSE: The guilty party must be animated by an intention to marry the other person, if not then not considered against public policy.
Ex. A wanted to marry B. B was married to C. A kills C because C stole from A. Then A later on marries B. Such a marriage is valid.
*No criminal conviction is necessary mere preponderance of evidence is required to prove the killing.
Art. 39: The action or defense for the declaration of
absolute nullity of a marriage shall not prescribe

Art. 40: The absolute nullity of a previous marriage

may be invoked for purposes of remarriage on the
basis solely of a final judgment declaring such
previous marriage void.
In relation to:
Art. 52: The judgment of annulment or of absolute
nullity of the marriage, the partition and distribution of
the properties of the spouses and the delivery of the
children's presumptive legitimes shall be recorded in
the appropriate civil registry and registries of property;
otherwise, the same shall not affect third persons.
Art. 53: Either of the former spouses may marry again
after compliance with the requirements of the
immediately preceding Article; otherwise, the
subsequent marriage shall be null and void.
Art. 41: A marriage contracted by any person during
subsistence of a previous marriage shall be null and
void, unless before the celebration of the subsequent
marriage, the prior spouse had been absent for four
consecutive years and the spouse present has a wellfounded belief that the absent spouse was already
dead. In case of disappearance where there is danger
of death under the circumstances set forth in the
provisions of Article 391 of the Civil Code, an absence
of only two years shall be sufficient.
For the purpose of contracting the subsequent
marriage under the preceding paragraph the spouse
present must institute a summary proceeding as
provided in this Code for the declaration of
presumptive death of the absentee, without prejudice
to the effect of reappearance of the absent spouse.
Art. 43: The termination of the subsequent marriage
referred to in the preceding Article shall produce the
following effects
(1) The children of the subsequent marriage conceived
prior to its termination shall be considered legitimate;
(2) The absolute community of property or the conjugal
partnership, as the case may be, shall be dissolved
and liquidated, but if either spouse contracted said
marriage in bad faith, his or her share of the net profits
of the community property or conjugal partnership
property shall be forfeited in favor of the common
children or, if there are none, the children of the guilty
spouse by a previous marriage or in default of
children, the innocent spouse;
(3) Donations by reason of marriage shall remain valid,
except that if the donee contracted the marriage in bad
faith, such donations made to said donee are revoked
by operation of law;
(4) The innocent spouse may revoke the designation
of the other spouse who acted in bad faith as
beneficiary in any insurance policy, even if such
designation be stipulated as irrevocable; and
(5) The spouse who contracted the subsequent
marriage in bad faith shall be disqualified to inherit
from the innocent spouse by testate and intestate

Time to file an action for declaration of nullity of a marriage or to invoke such nullity as a defense does not
prescribe.
Either party in a void marriage can file a nullity case even though such party is the wrongdoer. Only husband and
wife can file a court case declaring the marriage void. But it can still be collaterally attacked by any interested party
in any proceeding where the determination of the validity of marriage is necessary to give rise to certain rights.
A judicial declaration of marriage is the only acceptable proof so that a party can contract a subsequent valid
marriage. Without it the subsequent marriage will be considered void.
In connection with it, Articles 52 and 53 which has to do with the liquidation, partition and distribution of the
properties without which the marriage will likewise be void.
BIGAMY: Committed by any person who shall contract a second or subsequent marriage before the former marriage has been
legally dissolved or before the absent spouse has been declared presumptively dead by judgment.
- Marriage becomes void not because of bigamy but because of certain impositions in law that must be done before contacting a
second marriage.

* The subsequent marriage is not considered bigamous since the first

marriage is not valid. In a bigamous marriage the first subsisting marriage
is valid.
Bigamy envisions 2 valid marriages. If the first or the second marriage is
void then there can be no bigamy.

*Without article 40 one cannot perform Article 52.

A declaration of presumptive death is needed for the absentee in order to contact a new marriage.
Article 42: The subsequent marriage made will become void with the recording of the affidavit of reappearance of the
subsequent spouse. Such notice will be filed in the civil registry of the residence of the parties in subsequent marriage, and give
them due notice- ONLY CASE WHERE MARRIAGE IS TERMINATED EXTRAJUDICIALLY. Any interested party can file for the
affidavit of reappearance.
Exception to 42: if the affidavit is fraudulent then it is ineffectual.

Exception: Prior spouse has been absent for 4 consecutive years and
there is a well founded belief (must exercise due diligence to ascertain
whereabouts or if she is dead or alive) that absent spouse is dead (2 years
will suffice if there was danger of death)

- Applies to Article 40, Article 41 and voidable marriages.

STATUS OF CHILDREN: Children conceived during the subsequent marriage contemplated in Art. 41 are legitimate even if one
of the contracting parties is in bad faith.
EFFECT OF TERMINATION ON THE PROPERTY REGIME: The property regime shall be dissolved and liquidated. After the
payment of all debts, the spouses shall divide the net profits of the property equally or in accordance with the stipulated sharing.
If a spouse acted in bad faith, the guilty spouse shall not get his share in the net profits (his/her share will be forfeited in favor of
the common children, if none the children of the guilty spouse by a previous marriage, if none to the innocent spouse.
DONATIONS BY REASON OF MARRIAGE: If both parties are in good faith, the donation shall be valid. If the donee acted in
bad faith in contracting the marriage, the donation by reason of marriage is terminated by operation of law. If both are in bad faith
neither can recover what they have given.
DESIGNATION AS BENEFICIARY IN INSURANCE POLICY: The innocent spouse has the choice of revoking the beneficiary in
an insurance policy even if the policy is irrevocable. (Should inform the insurance company)
DISQUALIFICATION AS TO INHERITANCE: The spouse who acted in bad faith shall be disqualified to inherit from the innocent
spouse. If both spouses are in bad faith according to Article 44 the marriage is void and the parties cannot inherit.

*Donation made between persons who are guilty of adultery or

concubinage at the time of the donation is void.

succession.
Art. 44: If both spouses of the subsequent marriage
acted in bad faith, said marriage shall be void ab initio
and all donations by reason of marriage and
testamentary dispositions made by one in favor of the
other are revoked by operation of law.

The marriage shall be considered void only if both spouses in the subsequent marriage are in bad faith.
The good faith of the spouse must be present up to the time of the celebration of the subsequent marriage.

VOIDABLE MARRIAGES: valid up to the point when they are annulled. These are the only grounds, which can be considered for annulment (exclusive).
Article
Annotation
Article 45: Must exist at the time of marriage
- The parents of the child can annul the marriage at any time prior to the time the child
1. That the party in whose behalf it is sought to have the marriage annulled was eighteen
reaches the age of 21.
years of age or over but below twenty-one, and the marriage was solemnized without the
consent of the parents, guardian or person having substitute parental authority over the
Ratification: Through cohabitation after reaching the age of 21 years old.
party, in that order, unless after attaining the age of twenty-one, such party freely cohabited
with the other and both lived together as husband and wife
2. That either party was of unsound mind, unless such party after coming to reason, freely
- Must be clear that illness is serious that cannot understand marriage contract at the time
cohabited with the other as husband and wife
of the marriage.

3. That the consent of either party was obtained by fraud, unless such party afterwards,
with full knowledge of the facts constituting the fraud, freely cohabited with the other as
husband and wife
Article 46: Fraud: existing at time of marriage
1.
Non-disclosure of previous conviction by final judgment of a crime involving
moral turpitude.
2.
Concealment of the wife of the fact that she was pregnant at the time of
marriage by another man.
3.
Concealment of STD regardless of its nature existing at the time of the
marriage.
4.
Concealment of drug addiction, habitual alcoholism, or homosexuality or
lesbianism existing at the time of the marriage.

4. That the consent of either party was obtained by force, intimidation or undue influence,
unless the same having disappeared or ceased, such party thereafter freely cohabited with
the other as husband and wife;
5. That either party was physically incapable of consummating the marriage with the other,
and such incapacity continues and appears to be incurable

Exception/ Filing:
Party to file suit: Parent or guardian before the child reaches 21 and the
party who did not obtain consent within 5 years after reaching 21.

* If the spouse knew that the spouse was insane prior to the celebration of
the marriage she cannot annul the marriage.

Ratification: Through cohabitation by the person with the unsound mind after he has come
to reason
*Once ratified the marriage will be valid and no longer annullable even if the insanity comes
back.

Party to file suit: Sane spouse without knowledge before the death of either
party, relative or guardian of insane at any time before the death of either
party, and insane spouse before the death of either party.

*No other misrepresentations will be acceptable to constitute fraud to annul a marriage.

PREVIOUS CONVICTION: No need for investigation on the part of the party but there must
be a final judgment.
CONCEALMENT OF PREGNANCY: Concealment must be done in bad faith. Thus, if the
woman truly believed she was not pregnant when she was the marriage cannot be
annulled.
Misrepresentation that she was pregnant to induce the man to marry her when
she was in fact not pregnant is not considered for annulment.
CONCEALMENT OF STD: Nature or gravity is irrelevant; the fact that it was concealed was
enough.
CONCEALMENT OF ADDICTIONS: No exact meaning but has been defined as persistent
habit of becoming intoxicated, irresistible habit.
*Does not need to get drunk all the time, the habit of becoming periodically drunk and being
unable to resist when the opportunity arises.
CONCEALMENT OF GENDER PREFERENCE: considers the effect on the injured spouse
in performing his/her marital duties. Mental fitness, health, etc. Does not nurture a natural
and wholesome family,
Ratification: Cohabitation after the innocent spouse has full knowledge of the facts
constituting the fraud

Exception to 46(2): If the woman was unchaste and the man knew of her
unchaste character.
Exception to 46(2): If woman did not inform the man but pregnancy was
apparent.

- Violence here may be physical or moral.

- Intimidation is when there is a reasonable and well-rounded fear of an imminent and grave
evil upon his person or property.

Party to file the suit: Injured party within 5 years from the time the force,
intimidation or undue influence disappeared or ceased.

Ratification: Cohabitation after the cause of the vitiated consent ceases.

- Permanent inability on the part of one of the spouses to perform the complete act of
sexual intercourse (must be incurable).
- Can originate from a psychological problem, which affects the physical.
- Must exist at the time of the marriage.
- May be caused both by husband and wife.

Party to file suit: Injured party within 5 years after the discovery of fraud

Exception: Sterility is not considered impotency because he can still

engage in sexual coition. Organs for conception not necessary because
there is still passion.
Party to file the suit: Within 5 years after the marriage ceremony

NO RATIFICATION by cohabitation
Rule of triennial cohabitation: presumption of impotence arises when wife remains a virgin
after 3 years from the time of marriage.
6. That either party was afflicted with a sexually-transmissible disease found to be serious
and appears to be incurable
Art. 48: In all cases of annulment or declaration of absolute nullity of marriage, the Court
shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State
to take steps to prevent collusion between the parties and to take care that evidence is not
fabricated or suppressed
In the cases referred to in the preceding paragraph, no judgment shall be based upon a
stipulation of facts or confession of judgment
Art. 49: During the pendency of the action and in the absence of adequate provisions in a
written agreement between the spouses, the Court shall provide for the support of the
spouses and the custody and support of their common children. The Court shall give
paramount consideration to the moral and material welfare of said children and their choice
of the parent with whom they wish to remain as provided to in Title IX. It shall also provide
for appropriate visitation rights of the other parent.
Art. 50: The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by
Article 44 shall also apply in the proper cases to marriages which are declared ab initio or
annulled by final judgment under Articles 40 and 45.
The final judgment in such cases shall provide for the liquidation, partition and distribution
of the properties of the spouses, the custody and support of the common children, and the
delivery of third presumptive legitimes, unless such matters had been adjudicated in

No ratification by cohabitation
-

The state will ensure the prevention of collusion between the parties (who may
make up a ground to annul the marriage) and to ensure that the evidence is
not fabricated
No judgment shall be based on a confession and a stipulation of facts only.

While trial is on going the support of the spouses and custody of the children
shall be governed by whatever agreement the parties have made. If none then
they shall be supported from the absolute community of property or conjugal
partnership of gains.
The court may however make the necessary adjustments in case the
agreement is inadequate.
Article 43: effects of termination of subsequent marriage (liquidation, disposition, donation,
insurance, inheritance)
Article 44: Both spouses of the subsequent marriage are in bad faith the marriage shall be
void
Article 40: Final judgment declaring a marriage was void for a subsequent marriage.
-

* In nullity cases, if the marriage is deemed to be void then the one who got
support should return it with legal interest to the person who furnished
support since such person was not entitled to the support there being no
marriage.
*The judgment and decree of nullity or annulment will become final upon the
expiration of 15 days from the receipt of the parties of the decision. (Thus
any marriage prior to the 15 days may be considered bigamous since the
marriage is still subsisting at that time.)

previous judicial proceedings.

All creditors of the spouses as well as of the absolute community or the conjugal
partnership shall be notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated
in accordance with the provisions of Articles 102 and 129.
Art. 51: In said partition, the value of the presumptive legitimes of all common children,
computed as of the date of the final judgment of the trial court, shall be delivered in cash,
property or sound securities, unless the parties, by mutual agreement judicially approved,
had already provided for such matters.
The children or their guardian or the trustee of their property may ask for the enforcement
of the judgment.
The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the
ultimate successional rights of the children accruing upon the death of either of both of the
parents; but the value of the properties already received under the decree of annulment or
absolute nullity shall be considered as advances on their legitime.
Art. 54: Children conceived or born before the judgment of annulment or absolute nullity of
the marriage under Article 36 has become final and executory shall be considered
legitimate. Children conceived or born of the subsequent marriage under Article 53 shall
likewise be legitimate.

- In all other cases of a void marriage the property regime will be governed by Art. 147
(wages and salaries owned by them in equal shares property governed by co-ownership)
Art. 148 (properties acquired through joint contributions only and divided in proportion to
their contributions)

Presumptive Legitime: Part of the property of the testator, which cannot be disposed of
because the law has reserved it for certain compulsory heirs. The decree of annulment or
nullity of marriage provides for the delivery of the presumptive legitimes this is in order to
protect the legitime of the children from subsequent marriage.
Ex. If A husband of B dies, their child C will inherit a legitime from As properties. In this
case there is no death thus the legitime is presumed (what As properties would be if he
died at this time) and that is what is given to C.

In the event that the either or both parents die later on the presumptive
legitime given is considered an advance on their legitime and are just given
the remaining balance due them.

In void marriages other than that provided for in Art. 40, the presumptive
legitime is not delivered.
- Generally, children conceived and born outside a valid marriage or inside a void marriage
are illegitimate except those coming from a marriage void due to psychological incapacity
and those due to lack of judicial decree of nullity or liquidation or dissolution of property.

* The children or the guardian may seek the enforcement for the delivery of
the presumptive legitime.

* If the child is conceived prior to the marriage and the marriage is

terminated under Art. 36 or 53 child will be illegitimate (the subsequent void
marriage even under these articles will not legitimate them)

LEGAL SEPARATION: Does not affect the marital status of the couple, merely a separation of bed and board. (Exclusive list)
Violence Against Women and Children (VAWC RA 9262): includes spouse, girlfriends, and even one-night stands (level of intimacy). Men can file on behalf of children. Many articles of VAWC encompass legal separation and if this is so the required cooling off period
is no longer necessary. Included as part of VAWC such as corruption (#3) included as violence, even psychological violence (bigamy, sexual infidelity).
- The children included in VAWC are those under the care of the women even those of the respondents child from a previous marriage.
Article 55: Happens after marriage ceremony
Physical violence here is measured not by the severity but by the frequency. However if it is
* Does not include a ground for legal separation when the respondent1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a
not repeated or is not physical violence it may be considered as grossly abusive conduct.
spouse inflicts violence on his/her own child from a previous marriage but
common child, or a child of the petitioner
may cause to suspend or terminate parental authority.
Grossly abusive conduct need not be repeated but more of a serious act: rely on
Art. 231 (1): Parental authority can be suspended when the parent treats
proportionality and abusive conduct to what was committed.
the child with excessive harshness or cruelty
Continued indifference or aversion to spouse and persistent neglect of duties
incident to marital relation, etc.
Use of offensive and abusive language with intent and fixed purpose of
causing unhappiness.
Other acts of corruption, which do not fall under prostitution.
2. Physical violence or moral pressure to compel the petitioner to change religious or
- There should be unity in the family and thus the couple should learn to live with each
*Enforce human rights through acceptance of the others right
political affiliation
others political ideas.
3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of
- The children here may or may not be emancipated.
* Other forms of corruption can fall under grave abuse of conduct
the petitioner, to engage in prostitution, or connivance in such corruption or inducement
- The corrupt act here refers to prostitution only, a mere attempt is enough the respondent
need not be successful at the corruption or inducement.
- There is no cause of action when the child involved is that of the respondent from another
marriage.
4. Final judgment sentencing the respondent to imprisonment of more than six years, even
- The crime need not be against the other spouse. It can be against anyone.
if pardoned
- The fact that the crime had been pardoned doesnt matter as long as there is a final
judgment.
5. Drug addiction or habitual alcoholism of the respondent
- The extent and nature of such is the same, as those in annulment cases but such grounds
may exist even after the marriage ceremony unlike annulment.
6. Lesbianism or homosexuality of respondent
- Considered as a form of cruelty or mental anguish
- Must engage in homosexual acts
7. Respondent contracts a subsequent bigamous marriage
- Illegally contracting a marriage despite full knowledge that the first marriage still validly
*Whether the marriage was done in the Philippines or abroad is immaterial.
exists or without obtaining a judicial declaration of presumptive death.
8. Sexual infidelity or perversion
9. Attempt by the respondent against the life of the petitioner

10. Abandonment of petitioner by respondent without justifiable cause for more than one
year.
For purposes of this Article, the term "child" shall include a child by nature or by adoption
Article 56: Denial of legal separation if they fall on the following grounds
1. Where the aggrieved party has condoned the offense or act complained of

- Other acts of sexual infidelity short of concubinage and adultery are enough as long as
they constitute a clear betrayal of trust.
- Sexual perversion can be done to ones own wife.
- Must come from an evil design or unlawful cause
- No nee for any criminal conviction, preponderance of evidence is enough. (If there is a
criminal conviction, the other spouse can be disinherited even if there is no legal separation
case filed)
Willfully left the dwelling without intention of returning.
*There must be a wrongful intent to desert, continued for the statutory period.

Exception: If the wife condones sexual perversion with her husband then it
cannot be a ground for legal separation.

- May be expressed or implied forgiveness

- Not looking for an erring wife after she commits an offense does not mean
forgiveness.
Either spouse agreed or did not object to the offense BEFORE it was committed.
- Where the spouses agree that one spouse will commit the offense to give grounds
for legal separation.
rd
- Where one of the parties employed a 3 party to induce the other spouse to
commit the offense to give grounds.
- Corrupt consenting
- When two persons acted in bad faith, they should be considered as having acted
in good faith.

Exception: if after the condonation the guilty spouse repeats the offense
then can still file for legal separation.

2. Where the aggrieved party has consented to the commission of the offense or act complained of
3. Where there is connivance between the parties in the commission of the offense or act
constituting the ground for legal separation

4. Where both parties have given ground for legal separation

Exception: when it is for self-defense (or some other justifiable reason)

Exception: Spouse caught the other in flagrante delicto
*If there is an unjustifiable for leaving then it is not considered
abandonment.

5. Where there is collusion between the parties to obtain decree of legal separation

6. Where the action is barred by prescription

Art. 58: An action for legal separation shall in no case be tried before six months shall have
elapsed since the filing of the petition

Art. 59: No legal separation may be decreed unless the Court has taken steps toward the
reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly
improbable.
Art. 60: No decree of legal separation shall be based upon a stipulation of facts or a confession of
judgment.
In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to
prevent collusion between the parties and to take care that the evidence is not fabricated or
suppressed.
Art. 61: After the filing of the petition for legal separation, the spouses shall be entitled to live
separately from each other
The court, in the absence of a written agreement between the spouses, shall designate either of
them or a third person to administer the absolute community or conjugal partnership property. The
administrator appointed by the court shall have the same powers and duties as those of a guardian
under the Rules of Court.
Art. 62: During the pendency of the action for legal separation, the provisions of Article 49 shall
likewise apply to the support of the spouses and the custody and support of the common children.
Art. 63: The decree of legal separation shall have the following effects:
1. The spouses shall be entitled to live separately from each other, but the marriage bonds shall not
be severed;
2. The absolute community or the conjugal partnership shall be dissolved and liquidated but the
offending spouse shall have no right to any share of the net profits earned by the absolute
community or the conjugal partnership, which shall be forfeited in accordance with the provisions of
Article 43(2);
3. The custody of the minor children shall be awarded to the innocent spouse, subject to the
provisions of Article 213 of this Code; and
4. The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate
succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent
spouse shall be revoked by operation of law.
Art. 64: After the finality of the decree of legal separation, the innocent spouse may revoke the
donations made by him or by her in favor of the offending spouse, as well as the designation of the
latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable.
The revocation of the donations shall be recorded in the registries of property in the places where
the properties are located. Alienations, liens and encumbrances registered in good faith before the
recording of the complaint for revocation in the registries of property shall be respected. The
revocation of or change in the designation of the insurance beneficiary shall take effect upon written
notification thereof to the insured
The action to revoke the donation under this Article must be brought within five years from the time
the decree of legal separation become final.
Art. 65: If the spouses should reconcile, a corresponding joint manifestation under oath duly signed
by them shall be filed with the court in the same proceeding for legal separation.

- In collusion the couple makes it appear that there is a ground for legal separation
but actually there is none.
- Corrupt agreement
- The act need not actually happen
- An action for legal separation must be filed within 5 years from the occurrence of
the cause.
- From the time the act occurred not the discovery of the cause of action.
- The defendant is required to answer the petition 15 days from the date of the
receipt of the complaint. However whether or not the defendant files an answer or
not there should be no hearing on the merits by the court until after a 6-month
cooling-off period is terminated.
- The court must try to salvage the marriage by taking steps towards reconciliation.
-

If the defending party fails to answer he or she cannot be defaulted

and the court shall order the prosecuting attorney to investigate
whether there is collusion or not between the parties.
Even if the party answers the fiscal is still mandated to make sure
there is no collusion and that the evidence is genuine.
In the absence of a written agreement between the spouses, the court
shall designate who shall administer the properties (it can be a third
person).

Art. 49: During the pendency of the action and in the absence of a written
agreement, the court will provide for the support and custody.
- Though the spouses are entitled to live separately the marriage bond shall not be
severed. They are still married to each other.
- The property shall be liquidated, the offending spouse shall have no share or right
to the profits earned and shall be forfeited in favor of the common children if none
the children of the guilty spouse if none then to the innocent spouse.
- The innocent spouse shall generally have custody of the children however the
major consideration is always the paramount interest of the children.
- The offending spouse shall be disqualified from inheriting form the innocent
spouse by intestate succession furthermore provisions in favor of the offending
spouse made in the will of the innocent spouse shall be revoked by operation of
law.

Art. 57: An action for legal separation shall be filed within five years from
the time of the occurrence of the cause
*Failure to observe the 6-month cooling off period is a ground to set aside a
decision granting legal separation.
*Other incidents may be heard during the 6-month period such as support
and custody.
* However even if there is no trial the couple may choose not to live
together. They cannot be forced to live together.
* If the case is vehemently opposed and contested and it is clear that the
litigation is a no-holds barred contest and not collusion the non-intervention
of the prosecuting attorney is not fatal to the validity of the proceedings.
* Death of the plaintiff before the final decree in an action for legal
separation terminates the case.

* No children below 7 years old shall be separated from the mother unless
the court finds compelling reasons to order otherwise (Tender Years
Doctrine)

The law gives the option to innocent party whether to revoke or not the
donation of the guilty party in an insurance.
The revocation must be made within 5 years from the time the decree
of legal separation has become final.
* The revocation of or change in the designation of insurance beneficiary shall take
effect after written notification to the insurer not the insured since it makes more
sense however the law states notification should be given to the insured thus that
should be followed.
-

If the case is still pending then it shall be terminated, if the decree has
been issued then it shall be set aside.
Separation of properties will still subsist, but the parties can enter into
an agreement to revive the prior property regime.
Generally the law provides that one can only fix the property regime
before the marriage celebration but the rules now set forth that the
adoption of another property regime can be made aside from that
which they had previously existing during their marriage.
EFFECT OF REVIVAL:
1.
If creditors are notified they should file opposition on properties if they
have debts that should be paid by either spouse.
2.
If creditors are notified but they dont file they cannot get from the
properties that will be placed in co-ownership in the revival.
3.
If creditors are not notified then they can collect from properties coowned.
4.
If creditors are not notified but there are separate properties they cant
get from co-owned properties.
-

* The creditors should be informed of the changes with regard to the

property etc.

Art. 66: The reconciliation referred to in the preceding Articles shall have the following
consequences:
1. The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage;
and
2. The final decree of legal separation shall be set aside, but the separation of property and any
forfeiture of the share of the guilty spouse already effected shall subsist, unless the spouses agree
to revive their former property regime.
The court's order containing the foregoing shall be recorded in the proper civil registries.
Art. 67: The agreement to revive the former property regime referred to in the preceding Article
shall be executed under oath and shall specify:
1. The properties to be contributed anew to the restored regime
2. Those to be retained as separated properties of each spouse; and
3. The names of all their known creditors, their addresses and the amounts owing to each.
The agreement of revival and the motion for its approval shall be filed with the court in the same
proceeding for legal separation, with copies of both furnished to the creditors named therein. After
due hearing, the court shall, in its order, take measure to protect the interest of creditors and such
order shall be recorded in the proper registries of properties.
The recording of the ordering in the registries of property shall not prejudice any creditor not listed
or not notified, unless the debtor-spouse has sufficient separate properties to satisfy the creditor's
claim.
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
Art. 68: The husband and wife are obliged to live together, observe mutual love, respect and
fidelity, and render mutual help and support.

Reason: So couples wont abandon each other based on their whims and caprices
Procreation is also an essential marital obligation.

* Remedy if other spouse is not living with you: seek relief from court so
that you do not have to give him support.

A court cannot compel the spouses to live together, observe mutual

love, respect and fidelity.

RAPE:
1. Committed by a man against a woman who shall have carnal knowledge of her
through force, intimidation or threat; when she is deprived of reason or
consciousness, machinations or grave abuse of authority.
2. Even if none of the circumstances are present if woman is below 12 or demented.
3. Any person who inserts any foreign object into genital or anal orifice (rape can be
committed against a man)
4. Any person who inserts penis into oral or anal orifice.

Art. 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.
Art. 70: The spouses 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 fruits of their separate properties. In case of insufficiency or
absence of said income or fruits, such obligations shall be satisfied from the separate properties.
Art. 71: The management of the household shall be the right and the duty of both spouses. The
expenses for such management shall be paid in accordance with the provisions of Article 70.
Art. 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.

Art. 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. The objection is proper; and
2. Benefit has occurred 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.

PROPERTY RELATIONS
Art. 74: The property relationship between husband and wife shall be governed in the following
order:
1. By marriage settlements executed before the marriage;
2. By the provisions of this Code; and
3. By the local custom.

Art. 75: The future spouses may, in the marriage settlements, agree upon the regime of absolute
community, conjugal partnership of gains, complete separation of property, or any other regime.
In the absence of a marriage settlement, or when the regime agreed upon is void, the system of
absolute community of property as established in this Code shall govern.
Article 76: Modifications in marriage settlement must be made before the celebration of the
marriage.

A husband can be liable for raping his wife however the

subsequent forgiveness by the wife to the offended party
shall extinguish the criminal action.
BEFORE: Matrimonial exemption from rape
1.
Man and woman become 1 so man cannot rape himself
2.
Marriage contract means wife consents to all and any sexual
intercourse with husband.
REBUT:
1.
Woman has certain rights and liberties, which separate her
from the man.
2.
Absolute consent is not sound since marriage itself is
revocable.

The domicile of natural persons is the place of their habitual residence,

where parties intend to have their permanent residence.
In case of disagreement between the husband and the wife the court
shall decide.
The spouse not living in the domicile must prove the intent of husband is
for solidarity of family.
EXPENSES FOR SUPPORT AND OTHER CONJUGAL OBLIGATIONS:
1.
From the community property
2.
In absence thereof income of fruits of the separate properties
3.
If insufficient or absent from the separate properties themselves.
-

Shall be the right and duty of both spouses regardless of what the
property regime is.
In the event that one of the spouses neglects his or her duties or
commits acts that endanger or dishonor the family he aggrieved party
may apply to the court for relief.
FORMS OF RELIEF:
1.
Legal separation
2.
Psychological incapacity
3.
Petition for receivership judicial, separation of property to become sole
administrator of property.
Based on presumption, despite objection (before or after) it will still go to
family.
VAWC: If husband prevents you from doing a right then punishable by
law.
The objection must be all valid, serious, and on moral grounds at the
same time.
If it is an isolated activitycontractwithout consent of other spouse,
the conjugal spouse cant be liable
GENERAL RULE:
1.
Obligations incurred before or after the marriage but redounding to the
benefit of the family shall be charged to the conjugal properties
2.
Spouses job redounds to the benefit of the family thus obligations can
be satisfied from the conjugal property.
3.
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.
-

Exceptions: For the separate properties to be liable the other spouse must
have no knowledge of the immoral activity and therefore could not give an
objection even if benefit accrues to the family.
Exception liability against separate property: If the creditor did not know of
the immoral activity or thought it was to be used for a legitimate business,
creditor can collect from conjugal properties.

Marriage Settlements: must be in writing signed by the parties, and made prior to the
celebration of the marriage if it is not in writing it shall be unenforceable.
If there is no marriage settlement agreed upon or if the same is void,
then the absolute community if property will prevail.
EFFECT OF MARRIAGE SETTLEMENT:
1.
Property in marriage settlement is registered did not redound to family,
creditor cant get from co-owned
2.
If marriage settlement is not registered, can get from co-owned
3.
If redounded to benefit of family can get from co-owned even if not
registered.
*Marriage settlement must be fair, they must exercise good faith in contracting the
marriage settlement. However if the agreement is not fair as long as the
disadvantaged spouse shows that he/she understood it then the marriage settlement
shall be maintained.
LOCAL CUSTOMS: rule of conduct formed by repetition of acts uniformly observed
as a social rule, legally binding and obligatory.
- If a marriage settlement is absent or property regime agreed upon is void, Absolute
community of property will govern.

EFFECT OF NO MARRIAGE SETTLEMENT:

1.
If the mortgage was registered then the new spouses
property will also be liable.
2.
If the mortgage was not registered the new spouse will not be
liable but the mortgage will be impaired and the debtor spouse
will loose the right to make use of the period.

Must give new securities so as not to loose the

period.

Art. 77: The marriage settlements and any modification thereof shall be in writing,
signed by the parties and executed before the celebration of the marriage. They shall
not prejudice third persons unless they are registered in the local civil registry where
the marriage contract is recorded as well as in the proper registries of properties.
(Oral marriage settlement is VOID)

Exception under Article 66 and 67: Revival or adoption of new property

regime when those legally separated have reconciled.
Exception under Article 128: in case of abandonment of a spouse other
spouse can petition for receivership or administration of properties or
judicial decree of separation of properties
Exception under Article 135: Further grounds for judicial separation of
property

* If the marriage settlement does not particularize any valid property regime
such provision is void and thus the absolute community of property shall
prevail.

Exception under Article 136: voluntary and verified petition in court of

both spouses to modify regime into separate community of property regime.
Art. 78: A minor who according to law may contract marriage may also execute his or her
marriage settlements, but they shall be valid only if the persons designated in Article 14 to give
consent to the marriage are made parties to the agreement, subject to the provisions of Title IX of
this Code.
Art. 79: For the validity of any marriage settlement executed by a person upon whom a sentence
of civil interdiction has been pronounced or who is subject to any other disability, it shall be
indispensable for the guardian appointed by a competent court to be made a party thereto.
Art. 80: In the absence of a contrary stipulation in a marriage settlement, the property relations of
the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the
marriage and their residence
This rule shall not apply:
1. Where both spouses are aliens;
2. With respect to the extrinsic validity of contracts affecting property not situated in the
Philippines and executed in the country where the property is located; and
3.With respect to the extrinsic validity of contracts entered into in the Philippines but affecting
property situated in a foreign country whose laws require different formalities for its extrinsic
validity.
Art. 81: Everything stipulated in the settlements or contracts referred to in the preceding articles
in consideration of a future marriage, including donations between the prospective spouses made
therein, shall be rendered void if the marriage does not take place. However, stipulations that do
not depend upon the celebration of the marriages shall be valid.
VOID MARRIAGE SETTLEMENTS
ARTICLE 76
Article 76
Article 80
Article 81
Effects on creditors
Marriage settlements
No marriage settlements: Absolute community of property.

DONATIONS
Art. 82: Donations by reason of marriage are those, which are made before its celebration, in
consideration of the same, and in favor of one or both of the future spouses.
Art. 83: These donations are governed by the rules on ordinary donations established in Title III
of Book III of the Civil Code, insofar as they are not modified by the following articles.
Art. 84: If the future spouses agree upon a regime other than the absolute community of
property, they cannot donate to each other in their marriage settlements more than one-fifth of
their present property. Any excess shall be considered void.
Donations of future property shall be governed by the provisions on testamentary succession and
the formalities of wills.

Article 85: Donations by reason of marriage of property subject to encumbrances shall be valid.
In case of foreclosure of the encumbrance and the property is sold for less than the total amount
of the obligation secured, the donee shall not be liable for the deficiency. If the property is sold for
more than the total amount of said obligation, the donee shall be entitled to the excess.

Art. 86: A donation by reason of marriage may be revoked by the donor in the following cases:
1. If the marriage is not celebrated or judicially declared void ab initio except donations made in
the marriage settlements, which shall be governed by Article 81;
2. When the marriage takes place without the consent of the parents or guardian, as required by
law;
3. When the marriage is annulled, and the donee acted in bad faith;
4. Upon legal separation, the donee being the guilty spouse;
5. If it is with a resolutory condition and the condition is complied with;
6. When the donee has committed an act of ingratitude as specified by the provisions of the Civil
Code on donations in general.

- Now a minor or a person below 18 years old cannot contract to a marriage. An 18year-old person deciding to get married can execute a marriage settlement without
obtaining consent.
- It is mandatory that a person with civil interdiction must have a guardian appointed
by the court to be involved in making the marriage settlement
CIVIL INTERDICTION: deprives the offender during the sentence, rights in marriage,
parental rights, and administration of property.
Extrinsic validity: The form of the contract has to follow whatever is the law in the
country for changes to be made (change title etc.)

- The reason for the marriage settlement is the marriage itself thus if it does not take
place the marriage settlement shall not be valid.
- The provisions in a marriage settlement are separable thus if there are provisions
which are invalid then only the invalid provisions will be ineffectual while the rest will
be enforced.
Those not written, signed and made before the celebration
Those that stipulate that neither local custom nor absolute community of property will
govern without stipulating any other kind of property regime.
Those made by a person upon who a sentence of civil interdiction is given
Those stipulated in marriage settlement or contracts made in consideration of
marriage (donations) will be void if marriage does not take place

* Donations in marriage settlements are revoked by operation of law.

Exception: unless a guardian appointed made by a competent court is

made party thereto
Exception: stipulations that dont depend on the celebration of the marriage
shall remain valid.

- Only needs to be registered in order to bind third parties. If registered third parties
cannot go after conjugal property
If there is no marriage settlement:
1.
If property is registered then spouse is bound by mortgage
2.
If property is not registered then property is impaired and the debtor
looses period of loan.

Exception to third party rule: If indebtedness benefited to the family then

can go after community of property.
Exception to impairment of property: if debtor immediately gives new
property equally satisfactory or get consent of X to the security or collateral
already established, then he does not loose period of loan.

DONATIONS PROPTER NUPTIAS:

1. Donations are to be made prior to the celebration of marriage
2. Must be made in favor of 1 or both of the spouses. Can be made by a third party in
the settlement.
Donation between spouses:
1.
A valid marriage settlement must stipulate another regime than Absolute
Community of Property (ACP)
2.
Donation cannot be more than 1/5 of the present property of the donee
spouse.
3.
Must be accepted and comply with other.
Exception: 1/5 rule will not apply if donation is in a separate deed, provided he has
enough to support himself and those relying on him.

Procedure--Movable:
1. Accepted personally or representative
2. Made in lifetime of donor and donee
3. Can be orally given as long as with simultaneous delivery or document
representing right of donated (if above 5000 then must be in writing)

ENCUMBRANCE: Anything that impairs the use or transfer of property (burdened)

- If the object of the donation is encumbered it is still valid but the donees rights is still
subject to the encumbrance.
IN CASE OF ENCUMBRANCE OF PROPERTY:
1. Donee wont be liable for insufficiency of property to creditor. The donor will still be
liable for that.
2. Donee can keep excess if property more than satisfies the debt.
3. Donee cannot ask for reimbursement from donor if mortgage is foreclosed.
- But wont be liable for deficiency, and gets the excess if sold for more than amount.
1.
Marriage is not celebrated or is void ab initio (including art. 52-53)
Prescription:
Marriage is void: 5 years from Judicial Declaration of Nullity (if doesnt
want to give it back, prescribe after 8 years for movable, 30 years for
immovable)
Marriage not celebrated: 5 years from when it was not celebrated
2.
Marriage takes place without consent of parents
Prescription:
- 5 years from the time he had knowledge that consent was not obtained, after the
marriage.

Procedure--Immovable:
1.must be in public document
2. Acceptance made in that document or separate
3. Must be made in lifetime of donor.
DONATIONS EXCLUDED:
1.
Made in favor of the spouses after the celebration of the
marriage
2.
Executed in favor of the future spouses but not in
consideration of marriage
3.
Granted to persons other than the spouses even though they
may be founded on the marriage.

Exception: If the donation is in the marriage settlement it will be revoked by

operation of law.
Exception: If the marriage is void due to Article 40, or Article 44, then
automatically revoked

Art. 87: Every donation or grant of gratuitous advantage, direct or indirect, between the spouses
during the marriage shall be void, except moderate gifts which the spouses may give each other
on the occasion of any family rejoicing. The prohibition shall also apply to persons living together
as husband and wife without a valid marriage.

Property Regime
Absolute community of property
Art. 88: The absolute community
of property between spouses shall
commence at the precise moment
that the marriage is celebrated.
Any stipulation, express or implied,
for the commencement of the
community regime at any other
time shall be void
(Default regime if nothing stipulate
exception: subsequent marriage
after death will automatically be
CSP if there was no proper
liquidation of the properties of the
previous marriage)
Art. 90: The provisions on coownership shall apply to the
absolute community of property
between the spouses in all matters
not provided for in this Chapter.

What included
All properties owned before
and after.
Art. 91: Unless otherwise
provided in this Chapter or in
the marriage settlements, the
community
property
shall
consist of all the property
owned by the spouses at the
time of the celebration of the
marriage
or
acquired
thereafter.
Art. 93: Property acquired
during
the
marriage
is
presumed to belong to the
community, unless it is proved
that it is one of those excluded
therefrom.

3.
Upon legal separation when donee is the guilty spouse
Prescription:
- 5 years from finality of decree.
4.
When there is a resolutory cause and the condition has been complied
with
Prescription:
5 years from the happening of the resolutory condition.
6. Acts of ingratitude:
- Donee commits an offense against the person or property of the donor, his wife, or
children
- Donee imputes to the donor any criminal offense involving moral turpitude unless it
against the donee
- Donee unduly refuses to support donor when he is legally or morally bound to give
support.
Prescription:
- 1 year from the time the donor had knowledge of the fact of ingratitude
What constitutes a moderate gift depends on the financial capacity of
the donor.
Under the last sentence of Art. 87it must be shown that the donation
was made at a time when they were still living together as husband and
wife without the benefit of marriage.
Validity of donation or transfer cannot be challenged by anyone unless
those that will be affected by the donation.
RESERVA TRONCAL: the ascendant who inherits from his descendant any property
which the later may have acquired by gratuitous title from another ascendant or
rd
sibling is obliged to reserve such property for the benefit of relatives within the 3
degree and who belong to the same line.
Ex. H is married to W and has a son S. H has a brother B. H dies and donates to S
his property. After which, S dies without any heirs and thus the property goes to W. If
W dies the property does not go to her heir but to B so that the property stays in the
same line of the original owner (once owed by H) and is within the third degree of S.

What excluded
Article 92:
1.provided in marriage settlement
2. Personal and exclusive use of either
spouse (except jewelry)
- However if exclusive property is used to
purchase something else such property
becomes part of ACP
1.Property acquired by gratuitous title
including the fruits and income UNLESS
the guarantor expressly said they will form
part of ACP
- Must be a valid donation (cant be
donation made by one spouse to another)
2.Property acquired by either spouse who
has legitimate descendants and the fruits
of that property
*Winnings from gambling (losses borne by
looser)

Notes
Art. 89: No waiver of rights, shares and effects
of the absolute community of property during
the marriage can be made except in case of
judicial separation of property.
When the waiver takes place upon a judicial
separation of property, or after the marriage
has been dissolved or annulled, the same
shall appear in a public instrument and shall
be recorded as provided in Article 77. The
creditors of the spouse who made such waiver
may petition the court to rescind the waiver to
the extent of the amount sufficient to cover the
amount of their credits.
* No waiver of rights, interests, shares, and
effects without judicial separation or
dissolution or annulment of marriage shall
appear in a public instrument (creditors may
rescind waiver up to extent of the debt)
Art. 96: The administration and enjoyment of
the community property shall belong to both
spouses jointly. In case of disagreement, the
husband's decision shall prevail, subject to
recourse to the court by the wife for proper
remedy, which must be availed of within five
years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated
or otherwise unable to participate in the
administration of the common properties, the
other spouse may assume sole powers of
administration. These powers do not include
disposition or encumbrance without authority
of the court or the written consent of the other
spouse. In the absence of such authority or
consent, the disposition or encumbrance shall
be void. However, the transaction shall be
construed as a continuing offer on the part of
the consenting spouse and the third person,
and may be perfected as a binding contract
upon the acceptance by the other spouse or
authorization by the court before the offer is
withdrawn by either or both offerors.
* Spouses administer and enjoy property

Exception: if the ground for legal separation is infidelity in the form of

adultery or concubinage it will be automatically void.
Exception: between husband and wife prescription does not run.

Void Donations: (considered indirect donations to the spouse)

1.
To a stepchild who has no compulsory or legal heirs
2.
To a common child who has o compulsory or legal heirs
3.
To the parents of the other spouse
4.
To the other souses adopted child
5.
To common adopted child who has no other compulsory and
or legal heirs.

Charges
Article 94:
1. Support (spouses, common & legitimate
children)
- Even beyond age of majority
2. Debts & obligations made by both,
administrator, or with consent of other
spouse (even if did not redound)
3. D & O without consent but redounded.
4. Expenses for community property (taxes,
liens, charges)
5. Taxes & expenses for preservation during
marriage of separate property used by
family
6. Expenses for self-improvement or
profession.
7. Antenuptial debts redounding to family
8. Donation made by both spouses for
children to pursue vocation or selfimprovement
9. For illegitimate children, fines for
crimes/quasi delict in case of insufficiency.
(Advances)
10. Expenses for litigation
* Solidary liability does not include antenuptial debts not redounding, support of
illegitimate, liabilities thru crime/delict.
Art. 95: Whatever may be lost during the
marriage in any game of chance, betting,
sweepstakes, or any other kind of gambling,
whether permitted or prohibited by law, shall
be borne by the loser and shall not be
charged to the community but any winnings
therefrom shall form part of the community
property.

Liquidation process
Termination:
Art. 97: Either spouse may dispose by will of
his or her interest in the community property.
Art. 98: Neither spouse may donate any
community property without the consent of
the other. However, either spouse may,
without the consent of the other, make
moderate donations from the community
property for charity or on occasions of family
rejoicing or family distress
Article 99:
1. Death
- Same proceeding as settlement of estate.
Spouse shall liquidate property if no judicial
settlement proceeding within 1 year. After 1
year cannot may encumbrance on property.
2. Legal separation
4. Annulled or void (governed by art. 147 &
148 except if void under Article 40)
5. Judicial separation of property
6. Reappearance of a spouse presumed
dead.
Procedure:
Article 102:
1. Inventory (separate and community)
2. D&O of ACP shall be paid out, in case of
insufficiency solidarily liable with separate
property.
3. Exclusive prop delivered.
4. Net remainder of ACP divided equally
unless different proportion in settlement or
waiver.
5. Delivery of presumptive legitimates
6. Conjugal dwelling with spouse with most
children

ACP

ACP

SEPARATION IN FACT:
Art. 100: The separation in fact between husband and wife shall not affect the
regime of absolute community except that:
1.The spouse who leaves the conjugal home or refuses to live therein, without
just cause, shall not have the right to be supported;
2.When the consent of one spouse to any transaction of the other is required
by law, judicial authorization shall be obtained in a summary proceeding;
3. In the absence of sufficient community property, the separate property of
both spouses shall be solidarily liable for the support of the family. The spouse
present shall, upon proper petition in a summary proceeding, be given judicial
authority to administer or encumber any specific separate property of the other
spouse and use the fruits or proceeds thereof to satisfy the latter's share.
Art. 101: If a spouse without just cause abandons the other or fails to comply
with his or her obligations to the family, the aggrieved spouse may petition the
court for receivership, for judicial separation of property or for authority to be
the sole administrator of the absolute community, subject to such
precautionary conditions as the court may impose.

jointly. Husband decision prevails subject to

recourse of wife within 5 years from date of
contract implementing decision. BUT if wife
ratifies contract express or implied cant annul
anymore.
- If disposition is made without knowledge or
consent of other person no prescription.
- Abandonment is different from separation in fact. Abandonment has to do with total abdication
of all marital and parental authority.
- If the spouse left with a valid cause he or she can still be supported from the ACP.
- The ACP can still be liable for obligations incurred by the separating spouse that may redound
to the benefit of the family.
- Even the guilty spouse can compel the sale of property, which will redound to the benefit of
the family.
- Only the present spouse is given standing by the law to file a petition to encumber or
administer the property of the other spouse.

ABANDONMENT: Implies a departure by one spouse with the avowed intent never to return,
followed by prolonged absence without just cause.
- Should not only be physical but also financial and moral desertion.

The obligations to the family mentioned in the preceding paragraph refer to

marital, parental or property relations.

Conjugal Partnership of Gains:

Art. 105: In case the future
spouses agree in the marriage
settlements that the regime of
conjugal partnership gains shall
govern their property relations
during marriage, the provisions in
this
Chapter
shall
be
of
supplementary application.
The provisions of this Chapter shall
also apply to conjugal partnerships
of gains already established
between spouses before the
effectivity of this Code, without
prejudice to vested rights already
acquired in accordance with the
Civil Code or other laws, as
provided in Article 256.
Presumption is that all property
acquired during marriage even if in
the name of one spouse is
conjugal
unless
otherwise
provided.

A spouse is deemed to have abandoned the other when her or she has left the
conjugal dwelling without intention of returning. The spouse who has left the
conjugal dwelling for a period of three months or has failed within the same
period to give any information as to his or her whereabouts shall be prima
facie presumed to have no intention of returning to the conjugal dwelling.
Article 106:
Article 109:
- Proceeds, products, fruits and
1. Brought into the marriage as his or
income from their separate
her own
properties
2. Acquired by gratuitous title
- Those acquired by their efforts
- By way of succession
or chance
- Honorarium (given in appreciation
- Income and fruits by gratuitous
for services rendered)
title (diff from ACP)
3. Acquired by right of redemption,
- Annuity: retirement on an
barter, exchange
annuity (received as a matter of
- Even if money used to redeem is
right)
conjugal (reimbursement)
-Pension:
serious
previously
4. Bought with exclusive money of
rendered for which full and
either spouse.
adequate compensation was not
*Onerous donations
received at the time.
*Designated share in donation
Article 117:
*Gratuity (amount given by gobs for
1. Acquired by onerous title using
previous work)
common funds.
2. Obtained by labor or industry or
Art. 110: The spouses retain the
work
ownership, possession, administration
3. Fruits, natural, industrial, or civil
and enjoyment of their exclusive
due received during marriage
properties.
from common prop
- Net fruits of exclusive property
Either spouse may, during the
BUT personal damages are not
marriage, transfer the administration
conjugal.
of his or her exclusive property to the
4. Share in hidden treasure
other by means of a public
5. Fishing and hunting
instrument, which shall be recorded in
6. Excess livestock (those brought
the registry of property of the place
in to the marriage by one will
the property is located.
reimbursed
7. Acquired by chance

Art. 107: The rules provided in Articles 88

and 89 shall also apply to conjugal
partnership of gains.
Art. 108: The conjugal partnership shall be
governed by the rules on the contract of
partnership in all that is not in conflict with
what is expressly determined in this Chapter
or by the spouses in their marriage
settlements.
Prohibition on waiver.
*Properties brought into the marriage by the
contracting parties belong to each of them
exclusively.
- Either spouse can transfer admin of prop to
other spouse thru public instrument.
Art. 118: Property bought on installments
paid partly from exclusive funds of either or
both spouses and partly from conjugal funds
belongs to the buyer or buyers if full
ownership was vested before the marriage
and to the conjugal partnership if such
ownership was vested during the marriage.
In either case, any amount advanced by the
partnership or by either or both spouses
shall be reimbursed by the owner or owners
upon liquidation of the partnership.
Property
bought
before
but
title
registered after marriage: still considered
exclusive property even if spouse is made
co-owner in title (considered a trust)
Separate property plus conjugal funds to
buy a new property: new property will be
considered conjugal.
Property bought on installment partly
from exclusive and partly from conjugal:
when title was vested will govern, then
reimburse (Art. 119)
Principal payments and interest paid to a
spouse during marriage: principal amt is
exclusive while interest is conjugal.

Article 121:
1.support of spouse common and legitimate
children
2.D&O by admin, both or either spouse with
consent of other.
3.D&O without consent of other but redounding.
4.expenses for conjugal prop (taxes, liens)
5.taxes and expenses for preservation of
separate property (no need for use)
6.expenses for spouse for profession or selfimprovement.
7.Antenuptial debts redounding to family.
8.donation of both for children for profession or
self-improvement.
9.expenses of litigation between spouses
Not to be paid by cpg:
Article 122:
-Payment of personal debts contracted by the
husband or wife before or during the marriage
unless they redounded to the benefit of the
family.
However, fines and indemnities imposed
support of illegitimate children can be paid by
the assets AFTER the payment of obligations
provided in Art. 121. But at the time of
liquidation the spouse who used such funds will
be charged.
If charges are paid, and no property or
insufficient CPG pays:
-Fines, debts before the marriage
-Support of illegitimate
*Subject to reimbursement (ACP no need to pay
out all charges first)
Article 120
1.If improvement made by cp is more than value
of the property, entire property will be conjugal
reimburse spouse.
2. If amount is not more than it will still be
separate property subject to reimbursement to
CPG. (Ownership will vest upon reimbursement)
Art. 123: Whatever may be lost during the
marriage in any game of chance or in betting,
sweepstakes, or any other kind of gambling

Termination:
Article 126:
1.Death
2.Legal Separation
3. Annulled or declared void.
4.Judicial Separation
Article 127 and 128:
-Provisions on separation in fact and
abandonment has the same application as in
ACP article 100 and 101.
Procedure:
Article 129:
1.Inventory of separate and conjugal prop
2.Payment of advances
3.Reimbursement to the spouses.
4.D&O paid out by CPG, insufficiency
solidarily liable.
5.exclusive prop delivered
6.loss or deterioration of movables paid from
CPG
7.Net remainder to be divided (unless MS or
waiver)
8.Delivery of presumptive legitimes
9.Conjugal dwelling
Article 130: in case of death the liquidation
proceeding will be in the same proceeding as
the settlement of the estate of the deceased.
(Same application as in ACP article 103)
Art. 133: From the common mass of property
support shall be given to the surviving
spouse and to the children during the
liquidation of the inventoried property and
until what belongs to them is delivered; but
from this shall be deducted that amount
received for support which exceeds the fruits
or rents pertaining to them.

CPG

Art. 110: The spouses retain the ownership, possession, administration and
enjoyment of their exclusive properties.

CPG

CPG

Either spouse may, during the marriage, transfer the administration of his or
her exclusive property to the other by means of a public instrument, which
shall be recorded in the registry of property of the place the property is
located.
Art. 111: A spouse of age may mortgage, encumber, alienate or otherwise
dispose of his or her exclusive property, without the consent of the other
spouse, and appear alone in court to litigate with regard to the same.
Art. 112: The alienation of any exclusive property of a spouse administered by
the other automatically terminates the administration over such property and
the proceeds of the alienation shall be turned over to the owner-spouse.
Art. 113: Property donated or left by will to the spouses, jointly and with
designation of determinate shares, shall pertain to the donee-spouses as his
or her own exclusive property, and in the absence of designation, share and
share alike, without prejudice to the right of accretion when proper.
Art. 114: If the donations are onerous, the amount of the charges shall be
borne by the exclusive property of the donee spouse, whenever they have
been advanced by the conjugal partnership of gains.

CPG

Separation of property
Art. 134: In the absence of an
express declaration in the marriage
settlements, the separation of
property between spouses during
the marriage shall not take place
except by judicial order. Such
judicial separation of property may
either be voluntary or for sufficient
cause.
(Can be stipulated in MS which
shall govern and FC will only be
supplementary in nature, in the
absence therein it cannot take
place during the marriage except
by judicial order)
-May refer to present or future
property or both
-May be partial or total
-Those not agreed as separate will
be ACP

Art. 115: Retirement benefits, pensions, annuities, gratuities, usufructs and

similar benefits shall be governed by the rules on gratuitous or onerous
acquisitions as may be proper in each case.
Art. 124: The administration and enjoyment of the conjugal partnership shall
belong to both spouses jointly. In case of disagreement, the husband's
decision shall prevail, subject to recourse to the court by the wife for proper
remedy, which must be availed of within five years from the date of the
contract implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to
participate in the administration of the conjugal properties, the other spouse
may assume sole powers of administration. These powers do not include
disposition or encumbrance without authority of the court or the written
consent of the other spouse. In the absence of such authority or consent, the
disposition or encumbrance shall be void. However, the transaction shall be
construed as a continuing offer on the part of the consenting spouse and the
third person, and may be perfected as a binding contract upon the acceptance
by the other spouse or authorization by the court before the offer is withdrawn
by either or both offerors. (165a)
Art. 125: Neither spouse may donate any conjugal partnership property
without the consent of the other. However, either spouse may, without the
consent of the other, make moderate donations from the conjugal partnership
property for charity or on occasions of family rejoicing or family distress.
- They own everything separately but still liable for family expenses in
proportion to their income or in default thereof in proportion to separate prop.
But liability to their creditor is still solidary.
Article 135: Sufficient cause for judicial separation of property:
1.
Civil interdiction
2.
Absentee spouse
-2 years from last news about absentee, or 5 years if an administrator has
been left.
3.
Loss of parental authority decreed by court (termination or
deprivation not mere suspension)
-Over legitimate or illegitimate child whether of previous or present marriage
4.
Abandonment or failure to comply with his or her obligations
5.
Abused power of administration
6.
Separation in fact for at least 1 yr
Art. 137: Once the separation of property has been decreed, the absolute
community or the conjugal partnership of gains shall be liquidated in
conformity with this Code.
During the pendency of the proceedings for separation of property, the
absolute community or the conjugal partnership shall pay for the support of the
spouses and their children.
Art. 138: After dissolution of the absolute community or of the conjugal
partnership, the provisions on complete separation of property shall apply.
Art. 144: Separation of property may refer to present or future property or
both. It may be total or partial. In the latter case, the property not agreed upon
as separate shall pertain to the absolute community.

whether permitted or prohibited by law, shall be

borne by the loser and shall not be charged to
the conjugal partnership but any winnings
therefrom shall form part of the conjugal
partnership property.
Each spouse is to retain ownership, administration, possession and enjoyment of
their exclusive properties.
Administration includes entering into contracts, engaging in litigation, and
collection of fruits, profits and income arising from separate property.
The owner spouse can transfer administration of the property not only to the other
spouse but also to any third person without the consent of the other spouse.

Art. 111 is no longer necessary, as the age of marriage is also the age of
emancipation.
If the owner-spouse alienates his property the administration by the other spouse
over such property will cease and the proceeds will go to the owner.
The owner-spouse cannot revoke a judicially approved administration by the other
spouse of his property by alienating it. Thus to alienate the property he must get
the consent of the administrator-spouse or court approval.
The donor may donate whatever he wishes to whomever he wants. Thus he may
donate a piece of property to both spouses jointly or may specify how much of the
property should go to the husband and how much should go to the wife.
ACCRETION: addition of property to another property
General rule: in a joint donation one cannot accept independently of his co-donee unless it is
stipulated or unless it is between husband and wife.
Ex. D donates land to H and W who are married. D donates 1/3 to W and 2/3 to H. If W does
not accept the donation it will be considered added on to the share of the husband. However if it
is a specific designation such as H will get a car and W will get a horse, accretion will not apply.
- In the case of wills for accretion to take effect, the nature of the inheritance must be pro
indivisio (not divided, the terms or in equal shares is does not make it divided).
-

Any alienation made by either spouse without the consent of the other is invalid.
In case the husband disposes of property over the objection of the wife, the wife
may file a case to annul the entire contract or part of it.

Article 136: Voluntary Separation

-Spouses may agree on the separation of their properties with court approval, no reason
needed. (But if reason is stated and it is against public policy the court will reject it)
-Division of property must be equal unless there is a different proportion agreed in MS or
waiver.
-Takes effect after judicial order of decree (not signing of agreement)
-Creditors will be listed in petition and notified)
-In process delivery of presumptive legitimes is not necessary.
*Art. 142: Admin of exclusive prop of either spouse may be transferred by court to other spouse
or if not qualified to another person when:
1.spouse becomes the guardian
2.the other is judicially declared an absentee
3.civil interdiction
4.fugitive from justice, hiding as an accused
Art 143: If the couple wants a regime of separation of property they have to enter into a valid
marriage settlement prior to the marriage stipulating such regime.
Art. 145: Administration is left with each spouse with regard to his/her own property without the
need for the consent of the other. Earnings of each shall also belong to each spouse.
Art. 146: Both spouses shall bear the family expenses in proportion to their income or their
separate property. Liability of spouses to creditors to family expenses are solidary (they are
both liable to the creditor for the whole amount if the creditor seeks it from one of them. Such
spouse is entitled to reimbursement from the other spouse).
* Even if there is an agreement on proportion of sharing etc, it wont affect the creditors.

Revival:
Article 141:
1.termination of civil interdiction
2.Absentee reappears
3.court satisfied that administration will not
be again abused
4.Resumption of common life with other
spouse
5.parental authority restored
6.reconciliation of those separated in fact
7.For those who voluntarily separated
property, agree to revive former property
regime (but after that cant separate property
anymore)
- Art. 67 revival:
Agreement under oath will state:
1.properties to be contributed
2.those to be retained as separate
3.names of known creditors

Marriage
without
unions
(governs void marriages)

Art. 147: When a man and a woman who are capacitated to marry each other,
live exclusively with each other as husband and wife without the benefit of
marriage or under a void marriage, their wages and salaries shall be owned by
them in equal shares and the property acquired by both of them through their
work or industry shall be governed by the rules on co-ownership.
In the absence of proof to the contrary, properties acquired while they lived
together shall be presumed to have been obtained by their joint efforts, work
or industry, and shall be owned by them in equal shares. For purposes of this
Article, a party who did not participate in the acquisition by the other party of
any property shall be deemed to have contributed jointly in the acquisition
thereof if the former's efforts consisted in the care and maintenance of the
family and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her share
in the property acquired during cohabitation and owned in common, without
the consent of the other, until after the termination of their cohabitation.
When only one of the parties to a void marriage is in good faith, the share of
the party in bad faith in the co-ownership shall be forfeited in favor of their
common children. In case of default of or waiver by any or all of the common
children or their descendants, each vacant share shall belong to the
respective surviving descendants. In the absence of descendants, such share
shall belong to the innocent party. In all cases, the forfeiture shall take place
upon termination of the cohabitation.

Marriage
without
unions
(governs void marriages)

Art. 148: In cases of cohabitation not falling under the preceding Article, only
the properties acquired by both of the parties through their actual joint
contribution of money, property, or industry shall be owned by them in
common in proportion to their respective contributions. In the absence of proof
to the contrary, their contributions and corresponding shares are presumed to
be equal. The same rule and presumption shall apply to joint deposits of
money and evidences of credit.
If one of the parties is validly married to another, his or her share in the coownership shall accrue to the absolute community or conjugal partnership
existing in such valid marriage. If the party who acted in bad faith is not validly
married to another, his or her shall be forfeited in the manner provided in the
last paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise apply even if both parties are in
bad faith

Requisites:
1.Capacitated to marry each other
-Not capacitated: incestuous, against public policy, under 18, bigamous marriage
2.live exclusively with each other as husband and wife
3.Without benefit of marriage or under a void marriage.
*Includes marriages of psychological incapacity, reappearance of wife, non-liquidation of
property, absence of formal requisites.
Structure:
1.
Salaries and wages shall be owned by equal shares
2.
Property acquired with exclusive funds is owned by them exclusively
3.
Property acquired through work or industry governed by co-ownership
4.
Property acquired while they live together will be owned by them in equal shares.
(Contribution can be in the form of care and maintenance of family, household)
5.
Fruits of separate property not part of co-ownership
6.
Conjugal home will be owned equally.
-Cant encumber or dispose of his/her share without consent of the other or after cohabitation.
-Can alienate in favor of the other his or her share BUT cant waive any interest in co-ownership
-Void marriage: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants
3. Absence of descendants, innocent party
Void marriages included:
Art. 36: psychological incapacity
Art. 44: bad faith of both spouses in a subsequent
marriage
Art. 53: non-liquidation, dissolution, distribution of prop.
Those where there is absence of consent, authority of solemnizer, license, marriage ceremony.
Requisites:
Cohabitation not falling under article 147.
Structure:
Parties are co-owners of property acquired during cohabitation only upon proof
that each of them made an actual contribution.
1.
Salaries and wages are separately owned; if either is married the salaries go to
that marriage.
2.
Property acquired by the money of one, belongs to that person exclusively
3.
Only properties acquired by both of them through joint contribution will be owned
by the in common in proportion to what they gave (money, property, or industry
but cant be mere care and maintenance of family/household). (Presumption is that
shares over property owned is equal shares but can be rebutted through proof
showing otherwise.
4.
If one of the parties is validly married, that persons share in the co-ownership will
accrue to the marriage.
Bad faith: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants
3. Absence of descendants, innocent party
- If both are in bad faith they shall be considered as in good faith and their shares shall go to
them.

Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of insolvency
- Administration is joint by both spouses, husbands decision will prevail subject to recourse by the wife within 5 years from the contract implementing the decision. Contract will be a continuing offer upon acceptance by other spouse or court order.
THE FAMILY AS AN INSTITUTION
Art. 149: The family, being the foundation of the nation, is a basic social institution which public
policy cherishes and protects. Consequently, family relations are governed by law and no custom,
practice or agreement destructive of the family shall be recognized or given effect.
Art. 150: Family relations include those:
1. Between husband and wife;
2. Between parents and children;
3. Among brothers and sisters, whether of the full or
half-blood.
Art. 151: No suit between members of the same family shall prosper unless it should appear from
the verified complaint or petition that earnest efforts toward a compromise have been made, but
that the same have failed. If it is shown that no such efforts were in fact made, the same case must
be dismissed.
This rules shall not apply to cases which may not be the subject of compromise under the Civil
Code

Paramount importance is given to the family as provided in the 1987 constitution.

Family relations are governed t law and no custom or practice destructive of the family will
be recognized.
Any person not included in the enumeration cannot be considered as within the term
family relations.
Before a suit can be filed by people belonging to the same family as provided in Art. 150,
earnest efforts must be made to settle the case amicably.
*Earnest effort s meant for civil actions only.
The following are excused from criminal liability (only civil liability incurred) for theft, swindling or
malicious mischief:
1.
Spouses, ascendants, and descendents or relatives by affinity in the same line.
2.
The widowed spouse with respect to the property of the deceased BEFORE someone
else possess it.
3.
Brothers and sisters and brothers-in-law and sisters-in-law if they are living together.

Exemption is not applicable to strangers participating therein.

Prescription does not run between husband and wife, parents and children during the latters minority or
insanity, and between guardian and ward during the guardianship.

Exception to earnest efforts:

- Earnest effort is not required if included in the suit
between family members is a stranger not of the same
family.
- Does not apply to cases, which may not be
compromised.
- Does not apply to settlement of estate guardianship,
custody of children, and habeas corpus

THE FAMILY HOME

Art. 152: The family home, constituted jointly by the husband and the wife or by an unmarried head
of a family, is the dwelling house where they and their family reside, and the land on which it is
situated.

Home is deemed constituted form the time it is actually resided upon and occupied by the
family. No need for judicial or extrajudicial requirement, deemed constituted by operation
of law.
There must be the element of permanence (thus a boat on water cannot be considered a

* Exemption from execution is not absolute as it is

subject to certain limitation such as indebtedness in
certain instances (to be discussed in the next articles)

Art. 153: The family home is deemed constituted on a house and lot from the time it is occupied as
a family residence. From the time of its constitution and so long as any of its beneficiaries actually
resides therein, the family home continues to be such and is exempt from execution, forced sale or
attachment except as hereinafter provided and to the extent of the value allowed by law.
Art. 154: The beneficiaries of a family home are:
1. The husband and wife, or an unmarried person who is the head of a family; and
2. Their parents, ascendants, descendants, brothers and sisters, whether the relationship be
legitimate or illegitimate, who are living in the family home and who depend upon the head of the
family for legal support
Art. 155: The family home shall be exempt from execution, forced sale or attachment except:
1. For nonpayment of taxes;
2. For debts incurred prior to the constitution of the family home;
3. For debts secured by mortgages on the premises before or after such constitution; and
4. For debts due to laborers, mechanics, architects, builders, material men and others who have
rendered service or furnished material for the construction of the building.
Art. 156: The family home must be part of the properties of the absolute community or the conjugal
partnership, or of the exclusive properties of either spouse with the latter's consent. It may also be
constituted by an unmarried head of a family on his or her own property.
Nevertheless, property that is the subject of a conditional sale on installments where ownership is
reserved by the vendor only to guarantee payment of the purchase price may be constituted as a
family home.
Art. 157: The actual value of the family home shall not exceed, at the time of its constitution, the
amount of the three hundred thousand pesos in urban areas, and two hundred thousand pesos in
rural areas, or such amounts as may hereafter be fixed by law.
In any event, if the value of the currency changes after the adoption of this Code, the value most
favorable for the constitution of a family home shall be the basis of evaluation.
For purposes of this Article, urban areas are deemed to include chartered cities and municipalities
whose annual income at least equals that legally required for chartered cities. All others are
deemed to be rural areas.
Art. 158: The family home may be sold, alienated, donated, assigned or encumbered by the owner
or owners thereof with the written consent of the person constituting the same, the latter's spouse,
and a majority of the beneficiaries of legal age. In case of conflict, the court shall decide
Art. 159: The family home shall continue despite the death of one or both spouses or of the
unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary,
and the heirs cannot partition the same unless the court finds compelling reasons therefor. This
rule shall apply regardless of whoever owns the property or constituted the family home.
Art. 160: When a creditor whose claims is not among those mentioned in Article 155 obtains a
judgment in his favor, and he has reasonable grounds to believe that the family home is actually
worth more than the maximum amount fixed in Article 157, he may apply to the court which
rendered the judgment for an order directing the sale of the property under execution. The court
shall so order if it finds that the actual value of the family home exceeds the maximum amount
allowed by law as of the time of its constitution. If the increased actual value exceeds the maximum
allowed in Article 157 and results from subsequent voluntary improvements introduced by the
person or persons constituting the family home, by the owner or owners of the property, or by any
of the beneficiaries, the same rule and procedure shall apply.

family home)
Must be constituted by both husband and wife jointly, the unmarried head of the family, or
the occupancy of beneficiaries in a home can be constituted as a family home.
The family home is exempt from execution, forced sale or attachment as provided by law
The actual occupancy of the beneficiaries in a home may constitute the same as a family
home as long as they have the consent of the husband or wife who own the house and lot
even if the owners do not reside in them.
The whole value of the family home may be used to pay obligations under Art. 155.

The family home must be constituted at a place where there is a fixed and permanent
connection with the persons constituting it.
Not considered:
1.
Boat or vessel
2.
Apartment or house being rented
3.
House on anothers property
Considered: Property where ownership is reserved to the one making the family home.
Those above the amount stipulated (300,000 in urban, 200,000 in rural) will not be exempt
from execution forced sale or attachment.
Prior to the family code constitution of a family home was not automatic there was a need
to file for such. If prior to the family code there are certain houses falling under the value
of a family home at the time of the constitution of the family code (Aug. 3, 1988) provided
for the family home is deemed automatically constituted.
Written consent needed for the disposition of the family home:
1.
Persons constituting the family home
2.
Latters spouse
3.
Majority of beneficiaries of legal age
Security of the family is the concern of the law thus they provide for a 10 year period
despite the death of the person who constituted the family home. Furthermore the heirs
cannot partition the same unless the court finds compelling reasons therefore.
-

Bidders cannot bid below the amount of 300,000

If the house is sold, 300,000 is given to the owner of the house and the balance to the
creditor to satisfy his debt. This happens even if the debt is not fully satisfied. (Idea is to
give 300,000 so that the debtor can buy a house) This however does not apply when if the
creditor is one of those mentioned in Article 155 (the debt must be satisfied even if
nothing is left with the owner).

At the execution sale, no bid below the value allowed for a family home shall be considered. The
proceeds shall be applied first to the amount mentioned in Article 157, and then to the liabilities
under the judgment and the costs. The excess, if any, shall be delivered to the judgment debtor.
Art. 161: For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may constitute, or be the beneficiary of, only one family home.
Art. 162: The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable.
LEGITIMATE
Children conceived or born during the marriage

ILLEGITIMATE
Children born or conceived outside a valid marriage or in a void marriage unless
otherwise provided

Children as a result of artificial insemination are legitimate provided that both authorized or ratified
the insemination in a written instrument signed by both of them before the birth of the child
(registered with the birth certificate). I

NOTES

If the requisites are not followed and the father does not impugn the
legitimacy of the child, the child shall still be considered legitimate.
If husband is able to impugn legitimacy with regards to him child will simply not be
related, but in relation to the mom the child will be considered illegitimate

PATERNITY AND FILIATION

Art. 163: The filiation of children may be by nature or by adoption. Natural filiation may be
legitimate or illegitimate.
Art. 164: Children conceived or born during the marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife with the sperm of the husband
or that of a donor or both are likewise legitimate children of the husband and his wife, provided,
that both of them authorized or ratified such insemination in a written instrument executed and
signed by them before the birth of the child. The instrument shall be recorded in the civil registry
together with the birth certificate of the child.
Art. 165: Children conceived and born outside a valid marriage are illegitimate, unless otherwise
provided in this Code.
Art. 166: Legitimacy of a child may be impugned only on the following grounds:

- Paternity and filiation refer to the relationship or tie, which exists between parents
and their children.
Illegitimate children are those conceived and born outside a valid
marriage or inside a void marriage.
ARTIFICIAL INSEMINATION: wife is artificially impregnated with the semen of her
husband or with the semen of a third person.
Child of artificial insemination is considered legitimate provided that both
the husband and wife authorize or ratify such insemination in a written
instrument and signed by them before the birth of the child and that it is
recorded in the civil registry together with the birth certificate of the child.
If the requirements given are not followed and the husband does not
impugn the legitimacy of the child on grounds provided by law within the
prescriptive period the child will still be considered legitimate.
Grounds to impugn legitimacy of the child:

Art. 167: The child shall be considered legitimate although the mother may

1. That it was physically impossible for the husband to have sexual intercourse with his wife within
the first 120 days of the 300 days which immediately preceded the birth of the child because of:
(a) the physical incapacity of the husband to
have sexual intercourse with his wife;
(b) the fact that the husband and wife were
living separately in such a way that
sexual intercourse was not possible; or
(c) serious illness of the husband, which
absolutely prevented sexual intercourse; 2.That it is proved that for biological or other scientific
reasons, the child could not have been that of the husband, except in the instance provided in the
second paragraph of Article 164; or
3. That in case of children conceived through artificial insemination, the written authorization or
ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue
influence.

Physically impossible for husband to have sexual intercourse with wife

within the first 120 days of the 300 days immediately preceding the birth
of child due to:
a.
Physical incapacity
b.
Living separately: must be living in such a way that sexual
intercourse is impossible. (Mere remoteness is not
sufficient)
c.
Serious illness
- When a child is born inside a marriage, sexual intercourse is presumed to have
occurred between the husband and wife within the first 120 days of the 300-day period
before the birth of the child. (Longest gestation period)
2.
Biological or scientific reasons the child could not have been that of the
husband (except for artificial insemination)if for biological reasons
offspring could not have been that of the husband like if the child was a
different race from the fathers.
- Vasectomy is not enough proof because there are times when the sperm can rechannel itself and effect fertilization.
3.
In case of artificial insemination the authorization or ratification was
obtained through mistake, fraud, violence or intimidation or undue
influence.
* In the event that any of the grounds are proven, the child will not be considered
legitimate or illegitimate but that simply the husband and child are not related. In so far
as the mother is concerned the child will be considered illegitimate.
- Presumption is in favor of legitimacy.

Art. 168: If the marriage is terminated and the mother contracted another marriage within three
hundred days after such termination of the former marriage, these rules shall govern in the
absence of proof to the contrary:
1. A child born before one hundred eighty days after the solemnization of the subsequent marriage
is considered to have been conceived during the former marriage, provided it be born within three
hundred days after the termination of the former marriage;
2. A child born after one hundred eighty days following the celebration of the subsequent marriage
is considered to have been conceived during such marriage, even though it be born within the
three hundred days after the termination of the former marriage.

* Merely suppletory, if there is better proof then such should be accepted.

- Sexual intercourse is presumed between spouses during their marriage.
IN CASE OF 2 MARRIAGES:
If child is born within 180 days after the second marriage and within 300
days after the termination of the first marriage the child shall be
considered to have been conceived of the first marriage unless other
proof is given.
If the child is born after 180 days after the second marriage the child
shall be considered to have been conceived of the second marriage
unless other proof is given.
*But either way the child is still legitimate.
- If there is no subsequent marriage after 300 days after the termination of the
marriage there is no presumption and thus convincing proof is necessary.
Prescription for impugning the legitimacy of the child
1.
Within one year from the knowledge of the birth or its recording if
husband resides in city where birth took place or recorded.
2.
Within 2 years, if the husband lives elsewhere in the Philippines.
3.
Within 3 years, if he lives abroad
4.
If the birth of the child has been concealed, prescription will begin from
the discovery or knowledge of birth of child or the fact of registration of
the birth (whichever is earlier).

Art. 169: The legitimacy or illegitimacy of a child born after three hundred days following the
termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy.
Art. 170: The action to impugn the legitimacy of the child shall be brought within one year from the
knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any
of his heirs, should reside in the city or municipality where the birth took place or was recorded.
If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the
first paragraph or where it was recorded, the period shall be two years if they should reside in the
Philippines; and three years if abroad. If the birth of the child has been concealed from or was
unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge
of the birth of the child or of the fact of registration of said birth, whichever is earlier.
Art. 171: The heirs of the husband may impugn the filiation of the child within the period
prescribed in the preceding article only in the following cases:
1. If the husband should died before the expiration of the period fixed for bringing his action;
2. If he should die after the filing of the complaint without having desisted therefrom; or
3. If the child was born after the death of the husband.
PROOF OF FILIATION
Art. 172: The filiation of legitimate children is established by any of the following:
1. The record of birth appearing in the civil register or a final judgment; or
2. An admission of legitimate filiation in a public document or a private handwritten instrument and
signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be proved by:
1. The open and continuous possession of the status of a legitimate child; or
2. Any other means allowed by the Rules of Court and special laws.

1.

have declared against its legitimacy or may have been sentenced as an

adulteress.
*Even if wife impugns legitimacy, child is still legitimate, only husband and
in proper cases the heirs can impugn the legitimacy. Unless: she did not
deliver the child herself, or did not come from her own womb.

*It is from the knowledge of the childs birth not the knowledge that it is not
his child.
*Even if the birth was concealed, if it was registered and the father did not
impugn the childs legitimacy during the period provided then the child is
legitimate. (Cannot impugn since registry is earlier)

- Legitimacy cannot be collaterally attacked or impugned. Principally only the husband

can file a direct action to impugn the legitimacy of the child even if the child is not his.
- The heirs are mere substitutes of the husband and cannot file the action if the
husband himself failed to file such action despite knowledge of the illegitimacy within
the prescribed period.

- The record of birth appearing in the civil registry should have the husbands signature
and such birth certificate signed by the parents is adequate proof of paternity without
need for further court action.
- Admission in public or private handwritten document is a complete act of recognition
without need for court action

A mere instrument not in the handwriting o the parent or not a

public instrument will not qualify.
- Open continuous possession means the father treats the child as his own directly and
not through others, spontaneously and without concealment

Must be spontaneous and uninterrupted

Proofs from rules of the court or special law:

1.
Baptismal certificate
2.
Judicial admission
3.
Family bible
4.
Common reputation
5.
Admission by silence
6.
Testimony of witness

Art. 173: The action to claim legitimacy may be brought by the child during his or her lifetime and
shall be transmitted to the heirs should the child die during minority or in a state of insanity. In
these cases, the heirs shall have a period of five years within which to institute the action.

Action to claim legitimacy by the child

May be brought by the child during his or her lifetime and may be transmitted to heirs if
the child dies during minority or in a state of insanity or after it has already been
instituted by the child and child dies.
Heirs have five years to institute action

Article 175: Illegitimate child

-Same as legitimate children except when proof is through open and
continuous relationship or other rules of court in which case it may only be
brought during the lifetime of the alleged parent.
Exception: if the child is born in a valid marriage though different man, he
cannot claim illegitimacy. The man in the marriage must first impugn the
legitimacy of the child

Article 176: Rights of an illegitimate child

1.
Bear the surname of the mother

Even if paternity is certain, mother surnames unless father admits that is his
child and lives with them then surname of father can be used.
2.
Be under the parental authority of the mother, entitled to support from her

Even if paternity is certain, if father is not living with them he cannot have
parental authority.

Article 174: Legitimate children shall have the right:

1. To bear the surnames of the father and the mother, in conformity with the provisions
of the Civil Code on Surnames;
2. To receive support from their parents, their ascendants, and in proper cases, their
brothers and sisters, in conformity with the provisions of this Code on Support; and
3. To be entitled to the legitimate and other successional rights granted to them by the
Civil Code.

If the father acknowledges the child and cohabits, he will be vested with
parental authority. Even if he leaves after that it will not be considered a waiver
of his parental authority unless violated legal grounds provided for termination
of parental auth. (he will also be vicariously liable for damages caused by the
child)
3.
Legitime will be of the legitime of a legitimate child
4.
Can get support only up to the grandparents, and no right of representation (if parent
dies cant inherit straight from grandparents)
5.
Illegitimate child has his or her lifetime to file an action to claim illegitimacy if he/she
has proof under Art. 172 (claim for his status in not transmissible to his heirs)
Art. 177: Only children conceived and born outside of wedlock of parents who, at the time of the
conception of the former, were not disqualified by any impediment to marry each other may be
legitimated.
Art. 178: Legitimation shall take place by a subsequent valid marriage between parents. The
annulment of a voidable marriage shall not affect the legitimation.
Art. 179: Legitimated children shall enjoy the same rights as legitimate children. (272a)
Art. 180: The effects of legitimation shall retroact to the time of the child's birth.

- A legitimate child has his or her whole lifetime to file an action to claim his or her
legitimacy.

Legitimated Children (legitimate by operation of law)

Requirements:
1.
Children conceived and born outside wedlock
2.
Of parents who had no legal impediments to marry at that time the child
was conceived and
3.
They get married later on. (The fact that it is a voidable marriage will not
affect the legitimation, but if it is a void marriage then illegitimate)

IF the child dies before the celebration of the marriage, it will still benefit
their descendants.

Only by those who are prejudiced in their rights within 5 years from the
time their cause of action accrues. (Refers basically to inheritance rights
but if the creditors are really prejudiced they must show how legitimation
affected suchvested rights prior to legitimation then those rights will not
be taken from them)

Right of action accrues only upon death of parents when legitimes will vest

Adopted children can be prejudiced with regards to adopter parents or

even natural parents.

Art. 181: The legitimation of children who died before the celebration of the marriage shall benefit
their descendants.

In effect gives the children what they should have enjoyed during the
lifetime of their father or mother.

Art. 182: Legitimation may be impugned only by those who are prejudiced in their rights, within
five years from the time their cause of action accrues.

Contemplates inheritance or successional rights, creditors (commercial

or property rights) are excluded unless it can be shown that the
legitimation affected their rights and they are really prejudiced.

SUPPORT
Art. 194: Support comprises everything indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping with the financial capacity of the family.
The education of the person entitled to be supported referred to in the preceding paragraph shall
include his schooling or training for some profession, trade or vocation, even beyond the age of
majority. Transportation shall include expenses in going to and from school, or to and from place of
work.
Art. 195: Subject to the provisions of the succeeding articles, the following are obliged to support
each other to the whole extent set forth in the preceding article:
1. The spouses;
2. Legitimate ascendants and descendants;
3. Parents and their legitimate children and the legitimate and illegitimate children of the latter;
4. Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
5. Legitimate brothers and sisters, whether of full or half-blood

Art. 196: Brothers and sisters not legitimately related, whether of the full or half-blood, are likewise
bound to support each other to the full extent set forth in Article 194, except only when the need for
support of the brother or sister, being of age, is due to a cause imputable to the claimant's fault or
negligence.
Article 197: In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and
brothers and sisters, whether legitimately or illegitimately related, only the separate property of the
person obliged to give support shall be answerable provided that in case the obligor has no
separate property, the absolute community or the conjugal partnership, if financially capable, shall
advance the support, which shall be deducted from the share of the spouse obliged upon the
liquidation of the absolute community or of the conjugal partnership

Everything indispensable for sustenance, dwelling, clothing, medical

attendance, education, and transportation (in keeping with the financial
capacity of the family)

Schooling or training shall be applicable even beyond the age of majority

Transportation includes going to and from school and place of work

Can be given even beyond the age of majority

Support is never final (no res judicata) can be changed

1.
Spouses
2.
Legitimate ascendant and descendants
3.
Parents and their legitimate children and their illegitimate/legitimate
grandchildren
4.
Parents and their illegitimate children and their illegitimate/legitimate
grandchildren
5.
Legitimate brothers and sisters whether whole or half blood
6.
Brothers and sisters not legitimately related are also obliged to support
unless if he/she is of age and is due to claimants fault or negligence no
support.
- A child inside a womb is already considered born thus entitled to all benefits that
accrue to him/her provided that the child is born after.
-

Art. 198: During the proceedings for legal separation or for annulment of marriage, and for
declaration of nullity of marriage, the spouses and their children shall be supported from the
properties of the absolute community or the conjugal partnership. After the final judgment granting
the petition, the obligation of mutual support between the spouses ceases. However, in case of
legal separation, the court may order that the guilty spouse shall give support to the innocent one,

*Shall enjoy same rights as legitimate children, shall retroact to their birth.
*No need for the acknowledgment of the father unlike the civil code.
*Legitimation will not affect property rights already vested.
*If there is a legal impediment at the time of conception the remedy is
adoption.
Exception: those born through adulterous relationship and bigamous
marriage cannot be legitimated.

Art. 205: right to give or obtain support shall not be levied upon on
attachment or execution.
- Cannot be made to satisfy any judgment against the recipient.
Except: the excess beyond required for legal support in a will or
contractual supports hall be subject to levy or execution. (Contractual
support is subject to adjustment whenever modification is necessary)
*Adopted children only up to parents for support. Others arent obliged to
support. (If the adopter dies or abandons then the state takes over)
rd
*Mandatory and essential cannot be transmitted to a 3 person nor can it
be waived.
(Prohibition against any compromise of the right to future support)
*If relationship between one to be supported and the one to support is in
issue, status of the parties should be established first.

They are no longer bound when the child is above the age of majority or
due to the negligence.
Support for legitimate ascendants, descendants (legitimate or illegitimate),
brothers and sisters (legitimate or illegitimately related) shall be taken from
separate property
If no separate properties from ACP or CPG (advancement).
But if it is the illegitimate children, insufficiency is enough to make ACP liable
and insufficiency plus payment of charges to make CPG liable.
For spouses, generally from ACP or CPG absence of then from fruits of ACP
or CPG insufficiency or absence of from the separate properties
themselves.
Support pending litigation generally obtain from ACP or CPG
In case of support between husband and wife where validity of marriage is in
issue, aggrieved cannot be given support pendent elite by the other spouse
(from his separate property)
Legal separation or annulment: spouses shall be supported by ACP or CPG.

*IF the legitimate descendants are the common children then ACP and
CPG shall be principally charged.
*Support cant be taken from the childrens property unless there was no
need or demand from recipient. (If this happens can forfeit bond made by
guardian parent over property-art. 225)

*After declaration of nullity or annulment no more obligation to support

*In legal separation support ceases unless guilty spouse is ordered to
support innocent.
*If wife is adulterous it can be a defense in an action for support against
separate property of the spouse but wife can still get support from ACP or

specifying the terms of such order.

Art. 199: Whenever two or more persons are obliged to give support, the liability shall devolve
upon the following persons in the order herein provided:
1. The spouse;
2. The descendants in the nearest degree;
3. The ascendants in the nearest degree; and
4. The brothers and sisters.
Art. 200: When the obligation to give support falls upon two or more persons, the payment of the
same shall be divided between them in proportion to the resources of each.
However, in case of urgent need and by special circumstances, the judge may order only one of
them to furnish the support provisionally, without prejudice to his right to claim from the other
obligors the share due from them.
When two or more recipients at the same time claim support from one and the same person legally
obliged to give it, should the latter not have sufficient means to satisfy all claims, the order
established in the preceding article shall be followed, unless the concurrent obligees should be the
spouse and a child subject to parental authority, in which case the child shall be preferred.
Art. 201: The amount of support, in the cases referred to in Articles 195 and 196, shall be in
proportion to the resources or means of the giver and to the necessities of the recipient.
Art. 202: Support in the cases referred to in the preceding article shall be reduced or increased
proportionately, according to the reduction or increase of the necessities of the recipient and the
resources or means of the person obliged to furnish the same.
Art. 203: The obligation to give support shall be demandable from the time the person who has a
right to receive the same needs it for maintenance, but it shall not be paid except from the date of
judicial or extra-judicial demand.
Support pendente lite may be claimed in accordance with the Rules of Court.
Payment shall be made within the first five days of each corresponding month or when the recipient
dies, his heirs shall not be obliged to return what he has received in advance.
Art. 204: The person obliged to give support shall have the option to fulfill the obligation either by
paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who
has a right to receive support. The latter alternative cannot be availed of in case there is a moral or
legal obstacle thereto.
Art. 205: The right to receive support under this Title as well as any money or property obtained as
such support shall not be levied upon on attachment or execution.
Art. 206: When, without the knowledge of the person obliged to give support, it is given by a
stranger, the latter shall have a right to claim the same from the former, unless it appears that he
gave it without intention of being reimbursed.
Art. 207. When the person obliged to support another unjustly refuses or fails to give support when
urgently needed by the latter, any third person may furnish support to the needy individual, with
right of reimbursement from the person obliged to give support. This Article shall particularly apply
when the father or mother of a child under the age of majority unjustly refuses to support or fails to
give support to the child when urgently needed.

Art. 208: In case of contractual support or that given by will, the excess in amount beyond that
required for legal support shall be subject to levy on attachment or execution

PARENTAL AUTHORITY
Art. 209: Pursuant to the natural right and duty of parents over the person and property of their
unemancipated children, parental authority and responsibility shall include the caring for and
rearing them for civic consciousness and efficiency and the development of their moral, mental and
physical character and well-being.
Art. 210: Parental authority and responsibility may not be renounced or transferred except in the
cases authorized by law.

Art. 211: The father and the mother shall jointly exercise parental authority over the persons of
their common children. In case of disagreement, the father's decision shall prevail, unless there is a
judicial order to the contrary.
Children shall always observe respect and reverence towards their parents and are obliged to obey
them as long as the children are under parental authority.

Art. 212: In case of absence or death of either parent, the parent present shall continue exercising

CPG.

The list is in order of priority of who should support first. The others are
not obliged to give support if those higher on the list are present.

Art. 200:if the liability to support falls on 2 people it will be divided between them in the
proportion of their resources.
-But in case of urgency, the judge may order only one of them to give and then just get
reimbursed from the other after.
-When there are two or more people claiming for support and the one obliged to give
doesnt have enough, order will be followed except when the one who needs support
is a spouse and a child in which case the child shall be preferred. (Wife is preferred
when it is an illegitimate child)

Support can be increased or decreased depending on the needs of the

recipient and the resources of the person obliged to give it.
Judgment for support does not become final

Demanding support

Demandable from the time person who has the right to receive it needs
it (need for support is not presumed, must be established).

No support given without judicial or extrajudicial demand. (Made

within the first 5 years of every month)

Demand is essential shows manifestation of needs.

How to provide support

Can be by giving the money or allowance

Or by allowing the person to stay in family dwelling unless there is a

legal or moral obstacle (usually refers to illegitimate children who are
generally not allowed to get from ACP or CPG)

The right to receive support and the money or property obtained as such
support cannot be made to satisfy any judgment against the recipient
Art. 206 Requisites:

There is a need to be supported and without knowledge of person

obliged to give support it is given by another, he can reimburse unless
he has no intention of being reimbursed.

If person obliged to give support unjustly refuses a third person can

give it with right of reimbursement.
Art. 207 Requisites:
1.
Urgent need to be supported on the part of the recipient
2.
The person obliged to support unjustly refuses or fails to give support.
3.
Third person furnishes the support to the needy individual
rd
*If all are present 3 person shall have right to reimbursment.
This is different from legal support, which cannot be levied upon;
contractual support however is not mandated by law.
The excess in amount of legal support shall be subject to levy on
attachment or execution.

* However in case of contractual support or that given by will, the excess

amount beyond that required for legal support can be subject of
execution.
Quasi-contract: juridical relation which arises from certain lawful, voluntary
and unilateral acts to the end that no one shall be unjustly enriched or
benefited at the expense of another (basis for reimbursement of one who
gives support)

Natural affection between the parents and the offspring has always been
recognized as an inherent and natural right.
Parental authority involves a mass of rights and obligations.
Parental authority and responsibility may not be renounced or transferred
except in the cases authorized by law. Parental authority and
responsibility cannot be renounced or transferred

Except when provided by law

(Cases of adoption, guardianship and surrender to a childrens home or
orphanage)
-When a parent gives authority to another it merely temporary custody not
renunciation.

In case of disagreement the fathers decision shall prevail unless there is

a judicial order.

Children should observe respect and are obliged to obey them as long
as they are under their parental authority

Applies to both legitimate and illegitimate

Requisites for it to apply to illegitimate:
1.
Paternity is knows or the father is certain.
2.
Illegitimate is living with the father and mother who are cohabiting without
the benefit of marriage.
(If one of the requisites are missing only mother has parental authority)
*Fathers subsequent separation does not mean a renunciation. Once parental
authority is vested cannot be waived.

If a spouse dies, the other spouse still has parental authority

*New spouse does not get parental authority by the fact of marriage. New

parental authority. The remarriage of the surviving parent shall not affect the parental authority over
the children, unless the court appoints another person to be the guardian of the person or property
of the children.
Art. 213: In case of separation of the parents, parental authority shall be exercised by the parent
designated by the Court. The Court shall take into account all relevant considerations, especially
the choice of the child over seven years of age, unless the parent chosen is unfit.

Remarriage does not affect the parental authority of the parent.

Lesbianism not a ground to deprive of custody.

spouse must adopt the children to have parental authority.

In case of separation the court shall designate a parent to have parental

authority (taking into consideration choice of those 7 and above)
No child below 7 shall be separated from mother unless there is
compelling reason not to do so. (Age is considered from when the
decision is made or when custody is given)
rd
Custody may also be given to 3 persons if the situation so warrants.
In case of death, absence or unsuitability of the parents substitute
parental authority shall be exercised by the surviving grandparent.
In case several grandparents survive, the court will decide.

*This does not mean that the other parent has no more PA.
*Habeas corpus is proper remedy to get custody of a child from the other
rd
parent or 3 persons.

No descendant shall be compelled in a criminal case to testify against his

parents or grandparents unless the crime is against the descendant or by
one parent against the other.
Husband and wife during or after the marriage cannot be examined
without the consent of the other (marital privilege). Except: in a civil case
by one against the other, in a criminal case by one against the other or to
the latters descendant or ascendant.

*Not mandatory in nature so if the child wants to he can do so voluntarily.

Art. 214: In case of death, absence or unsuitability of the parents, substitute parental authority shall
be exercised by the surviving grandparent. In case several survive, the one designated by the
court, taking into account the same consideration mentioned in the preceding article, shall exercise
the authority.
Art. 215: No descendant shall be compelled, in a criminal case, to testify against his parents and
grandparents, except when such testimony is indispensable in a crime against the descendant or
by one parent against the other.

SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY

Art. 216: In default of parents or a judicially appointed guardian, the following person shall exercise
substitute parental authority over the child in the order indicated:
1. The surviving grandparent, as provided in Art. 214;
2. The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
3. The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over the property of the child becomes necessary,
the same order of preference shall be observed.
Art. 217: In case of foundlings, abandoned neglected or abused children and other children similarly
situated, parental authority shall be entrusted in summary judicial proceedings to heads of children's
homes, orphanages and similar institutions duly accredited by the proper government agency.

Art. 218: The school, its administrators and teachers, or the individual, entity or institution engaged
in child are shall have special parental authority and responsibility over the minor child while under
their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the
premises of the school, entity or institution.
Art. 219: Those given the authority and responsibility under the preceding Article shall be principally
and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The
parents, judicial guardians or the persons exercising substitute parental authority over said minor
shall be subsidiarily liable.
The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved
that they exercised the proper diligence required under the particular circumstances.

st

1 : parents exercise parental authority then a judicially appointed guardian in default

of such guardian:
1.
Surviving grandparent
2.
Oldest brother or sister over 21
3.
Childs actual custodian over 21
* The list is merely a guideline, fitness, capabilities, etc must still be
considered.
In case of no family members (foundling, abandoned, neglected or abused children
and other children similarly situated)
Parental authority shall be entrusted in summary judicial proceedings to
heads of childrens homes, orphanages, etc.
Transfer of parental authority:
1.
Involuntary: by DSWS who files with court to have custody over the
child.
2.
Voluntary: parent or child commits to the DSWS (surrendered in writing
by parents, if only 1 and the other is dead or abandoned for at least 1
year 1 parent authorization is enough)

School, administrators, teachers, individuals or entities engaged in child

care shall have special parental authority and responsibility over the
minor child while under their supervision, instruction, custody. (This
authority applies to authorized activities inside or outside the premises)

Those given special authority shall be principally and solidariliy liable

(civil liability) for damages caused by the acts or omissions of the minor.
(Must be teacher in charge etc).

Parents or those who have substitute parental authority shall be

subsidiarily liable (if persons with special authority cannot cover the
liability)

Under the civil code, article 2180, teachers etc can still be held liable
when children are not anymore minors subject to the defense of proper
diligence.

*They will have the rights and responsibilities of a parent enumerated in

art. 220 onwards.
*Order is not mandatory: paramount interest

Except: no liability by those with special parental authority if it can be

proven that such person exercised the proper diligence in the
circumstances. Parents cant use diligence as a defense (imputed
liability flows from filial relation).
*Can be an academic or non-academic school.

All other cases not covered by this and the preceding articles shall be governed by the provisions of
the Civil Code on quasi-delicts.
EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN
Art. 220: The parents and those exercising parental authority shall have with the respect to their
unemancipated children on wards the following rights and duties:
1. To keep them in their company, to support, educate and instruct them by right precept and good
example, and to provide for their upbringing in keeping with their means;
2. To give them love and affection, advice and counsel, companionship and understanding;
3. To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, selfdiscipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them
compliance with the duties of citizenship;
4. To furnish them with good and wholesome educational materials, supervise their activities,
recreation and association with others, protect them from bad company, and prevent them from
acquiring habits detrimental to their health, studies and morals;
5. To represent them in all matters affecting their interests;
6. To demand from them respect and obedience;
7. To impose discipline on them as may be required under the circumstances; and
8. To perform such other duties as are imposed by law upon parents and guardians.
Art. 221: Parents and other persons exercising parental authority shall be civilly liable for the
injuries and damages caused by the acts or omissions of their unemancipated children living in their
company and under their parental authority subject to the appropriate defenses provided by law.
Art. 222: The courts may appoint a guardian of the child's property or a guardian ad litem when the

Rights and duties of parents:

1.
Support, educate and instruct them, provide for their upbringing in
keeping with their means.
2.
Love and affection, advice, counseling, companionship, and
understanding
3.
Moral and spiritual guidance
4.
Physical and mental health
5.
Good and wholesome educational materials and prevent them from bad
company
6.
Represent them in all matters affecting their interest.
7.
Demand respect and obedience
8.
Impose discipline
9.
Others imposed by law
Disciplinary Actions: parents may inflict a reasonable measure of corporal
punishment.
(Read Child and Youth Welfare Code Rights of the child)

Parents are primarily liable (civilly) for injuries and damages caused by
the acts and omissions of their unemancipated children living in their
company and under their parental authority.

Court may appoint a guardian for purposes of the lawsuit when the best

*Cases in the US would show that support can be withheld from the child
as a disciplinary sanction if the child refuses to obey the father. (But mere
disagreements or delinquent behavior does not generally terminate
support). ROE V. DOE.

Exception: if parents can show that they exercised the diligence of a

good father, then no liability.

best interests of the child so requires.

Art. 223: The parents or, in their absence or incapacity, the individual, entity or institution exercising
parental authority, may petition the proper court of the place where the child resides, for an order
providing for disciplinary measures over the child. The child shall be entitled to the assistance of
counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted
wherein the petitioner and the child shall be heard.
However, if in the same proceeding the court finds the petitioner at fault, irrespective of the merits of
the petition, or when the circumstances so warrant, the court may also order the deprivation or
suspension of parental authority or adopt such other measures as it may deem just and proper.

EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN

Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of the
unemancipated common child without the necessity of a court appointment. In case of
disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.
Where the market value of the property or the annual income of the child exceeds P50,000, the
parent concerned shall be required to furnish a bond in such amount as the court may determine,
but not less than ten per centum (10%) of the value of the property or annual income, to guarantee
the performance of the obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the proper court of the place where the
child resides, or, if the child resides in a foreign country, in the proper court of the place where the
property or any part thereof is situated.
The petition shall be docketed as a summary special proceeding in which all incidents and issues
regarding the performance of the obligations referred to in the second paragraph of this Article shall
be heard and resolved.
The ordinary rules on guardianship shall be merely suppletory except when the child is under
substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which case
the ordinary rules on guardianship shall apply.
Art. 226. The property of the unemancipated child earned or acquired with his work or industry or by
onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to
the latter's support and education, unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the child's property shall be limited primarily to
the child's support and secondarily to the collective daily needs of the family.
Art. 227: If the parents entrust the management or administration of any of their properties to an
unemancipated child, the net proceeds of such property shall belong to the owner. The child shall be
given a reasonable monthly allowance in an amount not less than that which the owner would have
paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the child.
In any case, the proceeds thus give in whole or in part shall not be charged to the child's legitime.

SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY

Art. 228: Parental authority terminates permanently:
1. Upon the death of the parents;
2. Upon the death of the child; or
3. Upon emancipation of the child.
Art. 229: Unless subsequently revived by a final judgment, parental authority also terminates:
1. Upon adoption of the child;
2. Upon appointment of a general guardian;
3. Upon judicial declaration of abandonment of the child in a case filed for the purpose;
4. Upon final judgment of a competent court divesting the party concerned of parental authority; or
5. Upon judicial declaration of absence or incapacity of the person exercising parental authority.
Art. 230: Parental authority is suspended upon conviction of the parent or the person exercising the
same of a crime which carries with it the penalty of civil interdiction. The authority is automatically
reinstated upon service of the penalty or upon pardon or amnesty of the offender.
Art. 231: The court in an action filed for the purpose in a related case may also suspend parental
authority if the parent or the person exercising the same:
1.Treats the child with excessive harshness or cruelty
2. Gives the child corrupting orders, counsel or example;
3. Compels the child to beg; or
4. Subjects the child or allows him to be subjected to acts of lasciviousness.
The grounds enumerated above are deemed to include cases, which have resulted from culpable
negligence of the parent or the person exercising parental authority.
If the degree of seriousness so warrants, or the welfare of the child so demands, the court shall
deprive the guilty party of parental authority or adopt such other measures as may be proper under
the circumstances.
The suspension or deprivation may be revoked and the parental authority revived in a case filed for
the purpose or in the same proceeding if the court finds that the cause therefor has ceased and will
not be repeated.
Art. 232: If the person exercising parental authority has subjected the child or allowed him to be

interest of the child requires it.

GUARDIANSHIP: trust relation of the most sacred character.

Person who has parental authority may seek the assistance of the court
to discipline the child and with a counsel shall undergo a summary
hearing.

If the court finds that it is the petitioner at fault, the court may suspend
or deprive him of parental authority.

During the commitment of the child the parent cannot interfere with the
care of the child but will provide support.

The court may terminate the commitment of the child whenever just and
proper.

Art. 224: The measures referred to in the preceding article may include
the commitment of the child for not more than thirty days in entities or
institutions engaged in child care or in children's homes duly accredited by
the proper government agency.
The parent exercising parental authority shall not interfere with the care of
the child whenever committed but shall provide for his support. Upon
proper petition or at its own instance, the court may terminate the
commitment of the child whenever just and proper.

No need for a judicial court to appoint parents as guardians. It is

presumed that the parents act for the best interest of the child.
Prohibition (cases where a parent cannot be the administrator of the property):
1.
When a parent is disinherited and his/her child inherits from the childs
grandparents his share of the compulsory inheritance, the parent cannot
administer such property. The parent however can administer whatever
is given to the child by way of voluntary will.
2.
When the parent is unfit to administer the property and thus a guardian
is needed.
Parents authority over the estate of the ward as a legal-guardian would
not extend to acts of encumbrance or disposition, as distinguished from
acts of management or administration.
1. if the market value of total property or income of child is more than P50k, the
parent has to give a bond not less than 10% of value of property to guarantee
performance of the obligations prescribed for general guardians. (to be sure that
guardians dont abuse their authority and do what they are required to do)
2. rules on guardianship apply supplementary to parents, but if child is under
substitute parental authority or guardian is a stranger then rules on guardianship
apply.
*parents authority over the estate does not include alienation or encumbrance, or
compromise or waiver (void). authority is needed from court.

Childs salary still for his/her exclusively used for benefit of child but
child also has obligation to support ascendants thus salary can be used.

Parents cannot use property for personal use.

-the child shall own exclusively whatever he earns or by onerous or gratuitous title.
-the fruits of such can only be used by the parents for the support of the child and
secondarily for the support of the family.

Parents who engage their unemancipated child to take care of their

properties are to give their child a monthly allowance taken from the
gross proceeds of the property for the month. Such will not be charged
to the childs legitime.

The net proceeds or the balance left after the payment of the allowance
and expenses will go to the parents

The court upon the death of the parents can appoint a guardian on
petition of a relative, family friend, or DSWD.
These situations extinguishes parental authority

Grounds for termination:

1.
Adoption all legal ties are severed an are vested on the adopter.
2.
appointment of guardian
3.
abandonment of child (upon judicial declaration in a case filed for the
purpose)
4.
final judgment from court depriving parental authority
5.
judicial declaration of absence or incapacity of person
- parental authority is suspended upon conviction of the parent of a crime that has
civil interdiction (loss of rights of parental authority, guardianship to person and
property of ward, marital authority, right to manage his property and right to dispose
of such.
Suspension of parental authority (can be from a case related, offshoot of another
case. Does not have to be case filed for the purpose)
1.
treats the child with excessive harshness or cruelty
2.
gives child corrupting orders, example or counsel
3.
Compels the child to beg
4.
Subjects or allows him to be subject to acts of lasciviousness (not actual
sexual act, force or intimidation with lewd design)
* This may include cases where the parent was negligent or didnt do anything about
the situation.

If the person exercising parental authority has subjected the child or

*parental authority cannot be revived in these cases.

*for the reinstatement of parental authority judicial declaration is needed

for reinstatement of parental authority.

*parental authority is automatically reinstated upon service of sentence

or pardon.
*if the degree or seriousness so warrants parent may be deprived of
authority.
*Parental authority may be revived in a case filed for its purpose or in the
same proceeding if the court finds that the cause has ceased.

*parental authority cannot be revived for sexual abuse.

subjected to sexual abuse, such person shall be permanently deprived by the court of such
authority.

Art. 233: The person exercising substitute parental authority shall have the same authority over the
person of the child as the parents.
In no case shall the school administrator, teacher of individual engaged in child care exercising
special parental authority inflict corporal punishment upon the child.

allowed him to be subjected (culpable negligence of a parent) to sexual

abuse parental authority will be permanently deprived
Under RPC: any person entrusted with parental authority of a child under 16 years of
age to deliver, gratuitously or in consideration of a price, such child to vagrant or
beggar, employs children in exhibitions (circus, carnival, etc.)
Corporal punishment of those with special parental authority:
those exercising substitute parental authority will have all the same
rights and authorities over the child (can inflict corporal punishment)
those with special parental authority cannot inflict corporal punishment
on the child. (schools can impose certain measures of disciplinary
action but cannot inflict any physical punishment)

*RPC: parental authority can be deprived or suspended up to the

discretion of the courts.

Criminal liability of parents:

1.
conceals or abandons the child with intent to make him/her loose his civil status
2.
abandons child depriving him of the love, care, and protection he needs
3.
sells or abandons child for a valuable consideration
4.
neglects the child by not giving him the education which the family can afford
5.
fails or refuses without justifiable reason to enroll child
6.
causes, abates, or permits truancy of the child. (absence without cause for more than 20 days, not necessarily consecutive)
7.
exploits child by using him for begging, etc.
8.
inflicts cruel and unusual punishment
9.
encourages or causes child to lead an immoral or dissolute life
10.
permits child to use or carry dangerous weapons
11.
allows or requires child to drive without a license.
EMANCIPATION
Art. 234: Emancipation takes place by the attainment of majority. Unless
otherwise provided, majority commences at the age of eighteen.
Art. 236: Emancipation for any cases shall terminate parental authority over
the person and property of the child who shall then be qualified and
responsible for all acts of civil of life, save the exceptions established by
existing laws in special cases.
Contracting marriage shall require parental consent until the age of 21.
Nothing in this code shall be construed to derogate from the duty or
responsibility of parents and guardians for children and wards below twentyone years of age mentioned in the second and third paragraphs of Article
2180 of the civil code.

Emancipation is attained upon reaching 18 years of age. Marriage is no longer a ground for
emancipation since now one can only contract a marriage when they marry.

Parental consent is more in keeping with Filipino culture and tradition.

Once emancipated he/she can sue or be sued alone, and is responsible and qualified for all
acts of civil life
Parents liability:
The father and in case of death or incapacity the mother are responsible for the damages
caused by the children between 18 and 21 who live in their company.
Parents are also subsidiary liable for the acts or omission of their emancipated child living in
their custody,
Guardians liability:
Guardians are liable for damages if the person is under their authority and live in their
company.
-

*Illegitimate children: liability is with the mother; the father is only relied
upon for support.

Summary proceedings:
claims for damages by either spouse must be done in a separate action.
Preliminary conference: done by judge with the parties w/o counsel. But if the court deems it necessary, they can be assisted by counsel after.
Decisions become final and executory immediately (no more lapse of 15 days etc) however aggrieved party can still appeal to higher courts on the basis of denial of due process.
Family courts:
shall establish family courts in every province and city. If the city is the capital of the province then in the municipality with the highest number of people.
Jurisdiction over:
1.
criminal cases of those 9-18 years of age (but all cases concerning determination of age still with family courts)
2.
petitions for guardianship, custody, habeas corpus
3.
adoption and revocation thereof
4.
annulment, nullity, relating to marital status, property relations, dissolution of CPG
5.
support and acknowledgment
6.
summary judicial proceedings
7.
declaration of status of children, commitment of children, suspension termination or restoration of parental authority.
8.
Constitution of family home
9.
Cases against minors (dangerous drugs act)
10.
Violations of 7610
11.
Violations against VAWC (unless becomes criminal in which case offender will be subject to criminal proceedings)
*if any become an incident to a case pending in the regular courts it shall be decided there.
Funerals:
-

same arrangement established for support (spouses, descendants then ascendants in the nearest degree, brothers and sisters above 21)

Brothers and sisters or descendants oldest are preferred, ascendants paternal is preferred.
In keeping with the social position of the deceased, and in accordance to the expressed wishes of the deceased, in the absence religious beliefs, in case of doubt shall be decided upon by the person making the arrangements after consultation with the family.
Human remains cant be disposed or exhumed without the consent of the persons in arrangement.
A person who allows disrespect to the dead will be liable to the family for moral and material damages.
Mausoleum or a tomb is part of funeral expenses, which shall be chargeable to the property regime if the spouse is making arrangements.

USE OF SURNAMES
Art. 364: Legitimate and legitimated children shall principally use the surname
of the father.
Art. 365: An adopted child shall bear the surname of the adopter.
Art. 366: A natural child acknowledged by both parents shall principally use
the surname of the father. If recognized by only one of the parents, a natural
child shall employ the surname of the recognizing parent.
Art. 367: Natural children by legal fiction shall principally employ the surname

Legitimate, legitimated children use surname of their dad

Adopted children are considered the legitimate child of the adopter for all intents and
purposes and thus is entitled to all the rights and obligations provided by law.
Adopted children bear the name of their adopter.
Art. 176: illegitimate children shall use the surname of the mother and shall be under their parental control.
Art. 176 however does not apply if the father of the illegitimate child is certain as when the
said father categorically admits that the illegitimate common child is his and at the same time
such father lives with the illegitimate child and the mother.
-

of the father.
Art. 368: Illegitimate children referred to in Article 287 shall bear the surname
of the mother.
Art. 369: Children conceived before the decree annulling a voidable marriage
shall principally use the surname of the father.

Illegitimate children shall principally use the name of the mother

Exception: father is certain or recognizes illegitimate child and the father

lives with the illegitimate child and mother. Then can use fathers surname

Children conceived before the decree annulling a voidable marriage shall use surname of
father.
Decree of annulment is final 15 days after it is made thus even if the child was born during
that 15 day period the child will still be legitimate.
Married woman may use:
1.
Her own name
2.
maiden first name, surname and husbands surname
3.
maiden name and her husbands surname
4.
husbands full name plus Mrs.
* Option is give to the woman.
In case of annulment:
-

Art. 370: A married woman may use:

1. Her maiden first name and surname and add her husband's surname, or
2. Her maiden first name 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."
Art. 371: In case of annulment of marriage, and the wife is the guilty party, she
shall resume her maiden name and surname. If she is the innocent spouse,
she may resume her maiden name and surname. 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 married again to another person.

1.
2.

wife is guilty: shall resume her maiden name

innocent: resume her maiden name or continue using her husbands name unless the court
decrees otherwise or if either of them remarries.
In case of legal separation: wife will continue to use the name she used prior to separation
Widow: may continue to use deceased husbands surname

Art. 372: When legal separation has been granted, the wife shall continue
using her name and surname employed before the legal separation.
Art. 373: A widow may use the deceased husband's surname as though he
were still living, in accordance with Article 370.
Art. 374: In case of identity of names and surnames, the younger person shall
be obliged to use such additional name or surname as will avoid confusion.

If there are similar names, the younger will be obliged to use additional names
If between ascendants and descendants the word junior can only be used by a son.

Grandsons and direct male descendants will use:

1.
add middle name or mothers surname
add roman numerals

Art. 375: In case of identity of names and surnames between ascendants and
descendants, the word "Junior" can be used only by a son. Grandsons and
other direct male descendants shall either:
1. Add a middle name or the mother's surname, or
2. Add the Roman Numerals II, III, and so on.
Art. 376: No person can change his name or surname without judicial
authority.

Art. 377: Usurpation of a name and surname may be the subject of an action
for damages and other relief.
Art. 378: The unauthorized or unlawful use of another person's surname gives
a right of action to the latter.
Art. 379: The employment of pen names or stage names is permitted,
provided it is done in good faith and there is no injury to third persons. Pen
names and stage names cannot be usurped.

No change in name or surname without judicial authority

Reasons for change in surname:
1.
ridiculous name
2.
change of civil status
3.
to avoid confusion
*laws do not permit a legitimate child of another to adopt the surname of another person even if that person
is exercising parental authority. But if it is an illegitimate child, change of surname is permitted
change of name does not alter family relations, rights or duties, legal capacity, civil status or
citizenship.

Exception: if it is for merely changing clerical or typographical error no

need for judicial authority (must not involve a change in nationality, age,
status, or sex)
Change in nickname:
1.
ridiculous, tainted with dishonor, difficult to pronounce
2.
habitually used and known by other people as that
3.
change will avoid confusion.

The usurpation or use of a name and surname without authority could result in a claim for
damages
Unauthorized or unlawful use of anothers name also gives right for an action to the latter.

*usurpation means some injury to the interests of the person (possibility of

confusion of identity etc)

Pen names and stage names permitted as long as done in good faith and no one gets
injured.

*stage names cannot be usurped as the people have vested rights in

them as well.

Art. 380: Except as provided in the preceding article, no person shall use
different names and surnames.
Absence:
at the instance of an interested party the judge may appoint a person to represent him
judge shall take necessary measures to safeguard rights and interests of absentee (specify powers, regulations etc.) spouse is preferred if no legal separation.
Declaration of absence
2 yrs if no news about the absentee
5 yrs if absentee left someone in charge
Who may seek declaration of absence
spouse present
heirs instituted in a will
relatives who may succeed by the law of intestacy (legitimate, illegitimate relatives, collateral
relatives)
those who have right to the property subordinated to the condition of his death
Some of its effects
cause for involuntary judicial separation
basis for termination of property regime
transfer of exclusive properties to the present spouse
termination of parental authority
Termination of administration
when absentee appears of his agent
death of the absentee is proved and his heirs appear
rd
3 person appears with a right over the property
Presumption of death through absence
7 years for intents and purposes except succession
10 yrs for purposes of opening succession
if disappeared after the age of 75, 5 years enough
Presumption of death in dangerous situations
on board a lost vessel during sea voyage, airplane that is missing and has not been heard of
in 4 years since loss. (if there is a wreckage and person is missing, not 4 years)

*judicial declaration shall not take effect until 6 months after its
publication.

*spouse cant alienate/encumber property without judicial authority.

*if the absentee appears or his existence is proven he shall recover all
his property in the condition they are in but cannot claim the fruits or
rents.
*if the absentee is the heir, his share shall accrue to his co-heirs, unless
hi has heirs or a representative. (right of representation). If absentee

Person in the armed forces engaged in war and is missing for 4 years
Person in danger of death and existence has not been known for 4 years.

reappears he has claim to get what was supposed to be his from those
that got it within the prescriptive period.

ADDITIONAL NOTES AND REVIEW AIDS:

Adoption: Right to create relationship of parent and child between persons who are not related exists only by virtue of statute.
Domestic adoption
Policy of the state to ensure that child is provided with love, care and remains with parents and only when the child cant be placed with extended family shall adoption by unrelated person be considered.
In accordance with tenets of:
1.
UN Convention on Rights of a Child
2.
UN Declaration of Social and Legal Principles Relating to the Protection and Welfare of Children
3.
Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption.
State Policy:
1.
Safeguard biological parents from making hurried decisions. (Counseling, no commitment to a potential adopter before birth, etc.)
2.
Prevent child from unnecessary separation from parents
3.
Protect adoptive parents from disturbance of their parental authority over adopted.
4.
Promote sensitive environment for adoption through campaigns and public information
5.
Government has sufficient capacity to provide for adoption properly.
6.
Encourage domestic adoption and make inter-country adoption a last resort.
Being a statutory creation, all requirements must be met with if not, no rights may flow from this.
Pre-Adoption Services: Counseling for natural parents, adopter, and adoptee.
Eligibility:
1.
Filipino citizen of legal age with full civil capacity and legal rights.
a.
Not convicted of a crime involving moral turpitude
b.
Emotionally/Psychologically capable of caring for children
c.
At least 16 years older then the adoptee (unless adopter is the biological parent or spouse of the biological parent)
d.
In a position to support and care for
2.
Aliens with same qualifications plus
a.
Country has diplomatic relations with Philippines
b.
Living in the Philippines for at least 3 continuous years
i. Residency requirement is waived if the adopter was:
th
1.
Former Filipino citizen who seeks to adopt a relative with in the 4 degree of consanguinity or affinity
2.
Seeks to adopt legitimate child of Filipino spouse
th
3.
One who is married to a Filipino and seeks to adopt jointly with her a relative within the 4 degree of consanguinity or affinity of Filipino spouse.
c.
Foreign country will allow the adoptee to enter such country
d.
Certified to be legally capacitated to adopt
3.
Guardian with respect to ward (after clearance of finances
Husband and wife shall jointly adopt except:
1.
One spouse seeks to adopt legitimate child of other
2.
One spouse adopts his/her own illegitimate child provided other spouse signifies consent to this
3.
Spouses are legally separated
Who may be adopted:
1.
Below 18, judicially/administratively declared available for adoption
2.
Legitimate child of one spouse by the other
3.
Illegitimate child by qualified adopter to improve status
4.
A person of legal age of when younger was treated as adopters child since minority
5.
A childe whose adoption has been previously rescinded
6.
Child where parents have died (no proceeding until after 6 months from time of death)
Consent needed: To make sure everyone knows and accepts the adoption
1.
The adoptee if 10 years and over
2.
Who ever has legal custody of the child (parent, guardian, govt.)
3.
Legitimate and adopted children of adoptee (10 years and above)
4.
Illegitimate children if living with adopter (10 years or over)
5.
Spouse of adopter
No consent can be given prior to birth of child. 6-month period to revoke consent by parent after decision has been made. After that consent is binding.
Procedure:
1.
Court needs proof that there wasnt a hurried decision.
2.
Social worker should make case study of adopter and adoptee prior to any hearing for adoption
3.
Before adoption decree becomes final there is 6 month custody period
Only a direct attack in cases of adoption, cant be collaterally attacked
Decree becomes effective as of the date petition was filed

Retroacts except when it comes to vicarious liability

Hearing in adoption cases will be considered confidential and not open to public.
Effects of Adoption:
1.
Parental authority all legal ties between biological parent and adoptee severed (unless biological is the one adopting)
2.
Legitimacy for all intents and purposes adoptee is considered legitimate child
a.
Relationship established is only between parent and child, does not extend to other relatives unless expressly provided by law
3.
Succession - adopter and adoptee become legitimate/ legal heirs of one another (entitled to legitime), biological parents wont get anything.
No right of representation (Meaning if adopter dies, adoptee cant get from parents of adopter)
Does not inherit form the other relatives, etc.
However if something is left by will the adoptee/biological parent can inherit (from the free portion)
Rescission of adoption: by adoptee or guardian:
1.
Repeated physical or verbal maltreatment
2.
Attempt on the life of the adoptee
3.
Sexual assault or violence
4.
Abandonment and failure to comply with parental obligations
Adopter cannot rescind adoption (can only disinherit)
If adoption is rescinded then parental authority of biological parents or Department of Social Welfare will be restored if adoptee is still a minor. But adopter and adoptee relationship extinguished.

Inter-country Adoption:
Socio-legal process of adopting a Filipino Child by a foreign national or Filipino Citizen residing abroad where petition for adoption is filed
Inter-country adoption board: act as central authority for all matters relating to inter-country adoption
Board shall ensure that adoption in family code has been exhausted and inter-country adoption is in the best interest of the child.
The board upon recommendation of the placement committee shall only approve matching of a child to a foreign adoptive family.
Functions of Board:
1.
Rules and regulations
2.
Guidelines for the convening of inter-country adoption placement committee
3.
Guidelines for Matching/Collection
4.
Fees and Charges to be executed
5.
Form and Contents of application
6.
Formulate policies etc to protect children
7.
Prevent improper financial gain
8.
Promote development of adoption service
9.
Accredit/authorize foreign adoption agency
10.
Ensure confidentiality of records
11.
Prepare/Modify agreements
12.
Assist other agencies
13.
Others
Who may be adopted: Only a legally free child (voluntarily or involuntarily committed)
Who may adopt: Any alien or Filipino citizen residing abroad provided:
1.
At least 27 years old and 16 years older then the adopted unless adopter is biological parent. If married, they must jointly file adoption.
2.
Has capacity to act and assume rights and responsibilities of a parent under his national laws. Also has undergone counseling form an accredited counselor in his/her country
3.
Not been convicted of a crime involving moral turpitude
4.
Eligible to adopt under his nationality laws
5.
Able to give proper care and support
6.
Agrees to uphold basic rights of child
7.
Comes from a country that the Philippines has diplomatic ties with. (Philippine maintains authorized and accredited agency, adoption is allowed under his or her laws)
To be filed with the RTC or the board through an agency.
Matching: Judicious pairing of the applicant and the child to promote a mentally satisfying parent-child relationship.
No matching arrangement between applicant and parents before the committees proposal unless it is relative or it is for the childs best interest.
Applicant must fetch child within 30 days after notice of issuance of visa.
Trial custody: 6 months with submission of progress reports before adoption decree becomes final.
If pre-adoptive relationship is unsatisfactory, it will be terminated and Board may choose from roster of applicants a qualified family, absence the foreign agency may propose.
Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements with countries of the foreign adoption agencies.
Illegal Adoption (presumed):
1.
Consent for adoption acquired through or attended by force, coercion, etc.
2.
No authority from board
3.
Procedures and safeguards not complied with
4.
Child exposed to danger, abuse and exploitation
Attempt to commit offense punishable
Acts punishable above considered child trafficking
RA 7610: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.
State shall intervene when person who is supposed to protect a child cannot or if those acts are being committed by the parent against the child.
Children 18 years or below or those above 18 but are unable to protect themselves from exploitation/discrimination due to physical or mental disability.
Child Abuse: habitual or non-habitual maltreatment
1.
Psychological or physical abuse (neglect, cruelty emotional maltreatment, sexual abuse)
2.
Acts by deeds or words, which degrades or demeans intrinsic worth or human dignity of child.
3.
Unreasonable deprivation of basic needs
4.
Failure to give immediate medical treatment when needed.
Circumstances, which gravely threaten or endanger survival and normal development:
1.
Living in an area affected by armed conflict
2.
Working under conditions hazardous to life, safety, morals
3.
Living or fending for themselves without the care of anyone
4.
Living in an area lacking basic services (indigenous cultural community, extreme poverty, underdeveloped area)
5.
Victim of calamity
6.
Analogous situations.
Child prostitution and other sexual acts/abuse: For any consideration or through coercion or influence indulge in sexual acts.
Attempt to commit: Any person who is in a secluded area with a child and such person is not a relative.
Child trafficking: trading, dealing, buying, and selling of children
Attempt to commit: Child travels alone to foreign country without reason or clearance form DSWS, pregnant women consents to adoption
for a consideration, establishment which recruits women to bear children. Person engaged in finding children from low-income families.
Obscene publications and indecent shows: perform obscene exhibitions in shows, video or model and sells/distributes this.
Other acts of abuse: use coercion, force or intimidation to make a child beg, traffic drugs, or conduct other illegal activities
Establishments where these acts are done will be closed and their license to operate will be canceled.
Working Children: below 15 years of age can work provided:
1.
Work permit from DOLE
2.
Employer shall ensure protection, health, safety, morals
3.
Prevent exploitation or discrimination
4.
Continuous training of child
Cant employ child in commercials for alcohol, tobacco, violence
Children of Indigenous Cultural Communities:
Institute an alternative education for children which is culture specific and relevant to their needs
Delivery of basic social services.
Situations of Armed Conflict:
Policy of state to resolve such for best interest of children
1.
Shall not be object of attack; entitled to special respect
2.
Not recruited in army

3.
Delivery of basic social services
4.
Public infrastructures (schools, hospitals) not to be used
5.
Facilitate reunion of families
Children arrested for reasons of armed conflict:
1.
Separate detention cells from adults unless they are family.
2.
Immediate free legal assistance
3.
Immediate notice to parents
4.
Release within 24 hours to DSWD or other
rd
Who may file: offended parents/ guardians, ascendants, relative within the 3 degree of consanguinity social worker of DSWS or other,
Barangay chairman, 3 citizens of the place where it occurred.
Article 86: Donor may revoke donation by reason of marriage in the
5.
Marriage is not celebrated or is void ab initio (including art. 52-53)
following cases
Prescription:
marriage is void: 5 years from Judicial Declaration of Nullity (if doesnt want to give it back,
prescribe after 8 years for movable, 30 years for immovable)
marriage not celebrated: 5 years from when it was not celebrated
6.
Marriage takes place without consent of parents
Prescription:
- 5 years from the time he had knowledge that consent was not obtained, after the marriage.
7.
Upon legal separation when donee is the guilty spouse
Prescription:
- 5 years from finality of decree.
8.
When there is a resolutory cause and the condition has been complied with
Prescription:
5 years from the happening of the resolutory condition.
6. Acts of ingratitude:
- donee commits an offense against the person or property of the donor, his wife, or children
- donee imputes to the donor any criminal offense involving moral turpitude unless it against the donee
- donee unduly refuses to support donor when he is legally or morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge of the fact of ingratitude
Article 87
-husband and wife cant donate to each other
-also those who cohabitate with each other

Exception: If the donation is in the marriage settlement it will be

revoked by operation of law.
Exception: If the marriage is void due to Article 40, or Article 44, then
automatically revoked

Exception: if the ground for legal separation is infidelity in the form of

adultery or concubinage it will be automatically void.
Exception: between husband and wife prescription does not run.

Exception: can give moderate gifts.

Revoked by operation of law:

1.
Article 43: Donations made in subsequent marriages without judicial declaration of nullity or in case of reappearance if the donee acted with bad faith.
2.
Article 44: When both spouses acted with bad faith then all donations and testamentary dispositions shall be revoked.
3.
Article 64: (Legal separation) the offending spouse will be disqualified from inheriting from innocent spouse in intestate succession, provisions in favor of the offending spouse in the will of the innocent spouse shall be revoked by operation of law.
4.
Article 81: Donations and other stipulations made in the marriage settlement by reason of marriage shall be revoked by operation of law is marriage is not celebrated
5.
Article 87: Donations between husband and wife (direct or indirect), or those who cohabit = void
a.
Even if made by both spouses for a purpose other than vocational or professional.
6.
Donations given to one by another when they have committed adultery or concubinage is void and revoked by operation of law.
CHILDREN:
Rights under title 12 of civil code
1.
entitled to parental care
2.
receive at least elementary education
3.
moral and civic training
4.
live in an atmosphere conducive to his physical, moral and intellectual development
duties of the child
1.
obey and honor his parents or guardian
2.
respect his grandparents, old relatives and those with substitute parental authority.
3.
Exert his utmost for his education and training.
4.
Cooperate with the family
Legitimate
Those conceived in the 15-day period prior to the finality of the decree of annulment.
Conceived or born before a voidable marriage is terminated
Children conceived or born in a void marriage pursuant to article 40, 52, and 53
Children conceived or born in a void marriage because of psychological incapacity
*but if child was conceived and born prior to the marriage, marriage does not make child legitimate
Children conceived and born prior to the marriage if there are no legal impediments at that time then the subsequent marriage
will make them legitimate.

Illegitimate
Children born in a valid marriage but is impugned by the father
Children conceived or born in a void marriage
Cannot be legitimated: when from an adulterous relationship or bigamous marriage.

Exception to when parents cannot administer property:

1.
children and descendants of he person disinherited shall take his place and shall preserve rights of compulsory heirs with respect to legitime.
i. Article. 919: following shall be sufficient causes for disinheritance of children, descendants
1.
Child or descendant has been found guilty of an attempt against the life of the testator his or her spouse, descendants or ascendants.
2.
When the child, descendant has accused the testator of a crime, which the law prescribes imprisonment for 6 years or more, if it is found to be groundless.
3.
When a child or d has been convicted with adultery or concubinage with the spouse of the testator.
4.
When a child or d by fraud, violence, intimidation, or undue influence causes the testator to make a will or change one he has already made.
5.
A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant
6.
Maltreatment of the testator by word or deed by the child or d
7.
Child or descendant leads a dishonorable or disgraceful life
8.
Conviction of a crime with civil interdiction
ii. Article 920: following shall be sufficient causes for disinheritance of parents or ascendants, whether legitimate or illegitimate
1.
When parents have abandoned their children, induced their daughters to live corrupt or immoral life, or attempted against their virtue
2.
Parent or ascendant has been convicted of an attempt against the life of the testator his or her spouse, descendants or ascendants.

2.

3.
Accused testator of a crime
4.
Parent or ascendant convicted of concubinage with spouse of testator
5.
Parent or ascendant by fraud, violence, undue influence causes new will or change will
6.
Loss of parental authority
7.
Refusal to support children or descendants without justifiable cause.
8.
Attempt of one of the parents against the life of the other, unless there has been reconciliation
iii. Article 921: disinheriting a spouse
1.
Spouse convicted of attempt against..
2.
Spouse accused testator of crime
3.
Spouse by fraud, intimidation
4.
Spouse has given cause for legal separation
5.
When the spouse has given grounds for loss of parental authority.
6.
Unjustifiable refusal to support the children or other spouse
When parent is incapacitated to succeed one due to unworthiness:
i. Art. 1032: unworthiness
1.
Parents abandoned their children, or induced their daughters to live a corrupt or immoral life, attempted against her virtue
2.
Convicted of an attempt against the life of the testator, his spouse, or descendants or ascendants.
3.
Accused of a crime
4.
Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer within a month unless authorities have already taken action. (not applicable wherein law there is no obligation to
make an accusation.
5.
Person convicted or adultery or concubinage with the spouse of the testator
6.
Cause testator to make or change will
7.
By same means, prevents one from making will, revoking will, or concealing will
8.
Falsifies or forges will of decedent
b.
Incapable of succeeding
i. Art. 1027: the following are incapable of succeeding
1.
Priest etc who hear confession of testator during his last illness or minister who extended spiritual aid to him
2.
Relatives of 1 within the fourth degree, the church or institution to which such minister may belong
3.
Those made to a guardian by his ward before the final accounts have been approved unless guardian is ascendant, descendant, brother or sister or spouse
4.
Any attesting witness to the execution of a will, the spouse, parents or children or an one claiming under such witness, spouse, parents or children.
5.
Physician, surgeon, nurse, etc who took care of testator during last illness
6.
Individuals, associations, corporations not permitted by law to inherit.

Prohibited compromise: matters which cannot be negotiated nor set by agreement:

Civil status

Validity of marriage or of a legal separation

Ground for legal separation

Future support

Jurisdiction of the courts

Future legitimes

Abandonment: he or she has left the conjugal dwelling without intention of returning. A spouse who has left the conjugal dwelling for a period of 3 months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to
have no intention of returning to the conjugal dwelling. (physical, financial and moral desertion)
spouse can seek for receivership, judicial separation of property, and sole administration
abandonment for more than one year can lead to legal separation
Deadlines:
Article
Article 30
Article 38

Contents
Marriage certificate with affidavit for marriages in articulo mortis or remote residence
Action or defense for absolute nullity (anyone can file)

Deadlines/prescriptions
Within 30 days after the performance of the marriage
Does not prescribe

Article 47
*If ratified then can no longer be annulled.
Article 47
Article 47
Article 47
Article 47
Article 47
Article 50-51
Article 57
Article 58
Article 61
Article 61
Article 64

For one who obtains a marriage without prior consent after he reaches the age of 21

Article 182

Impugning legitimacy by those who are prejudiced

- Any time between 18-21 years old by parents

- 5 years after reaching 21 by the party.
Anytime before the death of either party.
Anytime before the death of either
5 years after having knowledge
5 years after it ceases
5 years after the marriage
15 days from receipt of the parties of the decision
5years from the occurrence of the cause.
After the laps of 6 months after the filing of the petition.
15 days after receipt of summons
Terminates upon death of either spouse
5 years after the decree of legal separation becomes final. (Unless the donation is actually
void Art. 87)
5 years from the time their cause of action accrues

By the sane spouse without knowledge of insanity, relative, guardian, or person having legal charge
By the insane during a lucid interval
Consent through fraud
Consent through intimidation, force, undue influence
For STD and physical incapacity
Entry of judgment and decree of nullity become final
Prescription of action for legal separation
Legal separation trial (during trial they are entitled to live separately already)
After filing of complaint respondent should answer but is not in default if not answered
Action for legal separation
Revocation by choice of the innocent spouse of donations after decree of legal separation