Title V THE FAMILY When Art.
151 Not Applicable
Chapter 1
The Family as an Institution
ARTICLE 149 150 151
Family as Basic Social Institution
The Family Code considers the family as a basic
social institution which, by reasons of public policy,
deserves the State’s protection
Indeed, our family law is based on the policy
that marriage is not a mere contract but a social
institution in which the state is vitally interested
“family relations are governed by law.”
“no custom, practice or agreement destructive of
the family shall be recognized or given effect.”
Extent of “Family Relations”
a) between husband and wife;
b) between parents and children;
c) among other ascendants and descendants; and
d) among brothers and sisters, whether of the full
or halfblood.
“Earnest Efforts Toward Compromise”
It is necessary that every effort should be made
toward a compromise before a litigation is allowed to
breed hate and passion in the family. It is known that a
lawsuit between close relatives generates deeper
bitterness than between strangers
Effect of Failure to Comply
If it is shown that no such efforts were in fact
made, the case must be dismissed
Scope and Coverage
Husband and wife, parents and children,
ascendants and descendants, and brothers and sisters,
whether full or halfblood.
A brother-in-law22 or a sister-in-law23 is a
stranger with respect to the family of their spouses
The rule under Article 151 does not apply to cases which
are not subject to compromise, as follows:
“Art. 2035. No compromise upon the following
questions shall be valid:
1) The civil status of persons;
2) The validity of a marriage or legal separation;
3) Any ground for legal separation;
4) Future support;
5) The jurisdiction of courts;
6) Future legitime.”
Chapter 2
The Family Home
ARTICLE 152 153 154
Family Home—Concept
Family home is a real right, which is gratuitous,
inalienable and free from attachment, constituted over
the dwelling place and the land on which it is situated,
which confers upon a particular family the right to enjoy
such properties, which must remain with the person
constituting it and his heirs
Constitution of Family Home
Under the Family Code, however, a family home
is deemed constituted on a house and lot from the time it
is occupied as a family residence, and it continues to be
such so long as any of its beneficiaries actually resides
therein
There is no need to constitute the same judicially
or extrajudicially as required in the Civil Code
Note that the law explicitly provides that
occupancy of the family home either by the owner
thereof or by “any of its beneficiaries” must be actual,
which means real, actually existing.
Who May Constitute
It is not only the spouses. Even an unmarried
head of the family may likewise constitute a family
home on his or her own property
Beneficiaries of Family Home
a) the husband and wife, or an unmarried person
who is the head of a family; and
b) 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.
The above enumeration may include the in-laws
where the family home is constituted jointly by the
husband and wife
ARTICLE 155 156 157
Rule: Exempt From Execution, etc.
As a rule, the family home is exempt from
execution, forced sale or attachment.
This exemption is effective from the time of the
constitution of the family home as such, and lasts so long
as any of its beneficiaries actually resides therein
Extent of Exemption
Art 153- “to the extent of the value allowed by law.”
Art 157- “the actual value of the family home shall not
exceed, at the time of its constitution, the amount of
three hundred thousand pesos in urban areas, and two
hundred thousand pesos in rural areas.”
Exception to the Rule
A family home is not exempt from execution, forced sale
or attachment in connection with the following claims:
(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, materialmen and others who have
rendered service or furnished material for the
construction of the building
ARTICLE 158
Alienation or Encumbrance of Family Home
The law does not prohibit the alienation or
encumbrance of the family home
However, the law requires the written consent of the
following persons in the sale, alienation, donation or
encumbrance of the family home:
(1) the person constituting the family home;
(2) the latter’s spouse; and
(3) majority of the beneficiaries of legal age
Will the absence of such written consent affect the
validity of the alienation or encumbrance?
The law is silent as to the effect of alienation or
encumbrance of the family home without the written
consent of the persons enumerated in Article 158 of the
Family Code.
Considering, however, the purpose of the law,
alienation or encumbrance in excess of the value allowed
under Article 157 shall be considered valid
However, when the family home is part of the
conjugal partnership or absolute community property, its
alienation or encumbrance during the marriage without
the consent of the other spouse shall be void
ARTICLE 159
Continuance of the Family Home
The following rules shall apply in the event of death of
the person or persons who constituted the family home:
(1) The family home continues to be as such for as
long as there is a minor beneficiary actually
residing therein;
(2) But if there is no minor beneficiary, the family
home continues to be as such only for a period
of ten years provided that a beneficiary of legal
age actually resides therein.
Prohibition on Partition
So long as the family home continues as such
pursuant to the provisions of the present article, the heirs
are prohibited from partitioning the family home unless
the court finds compelling reason therefore
 ARTICLE 160
Execution Sale of Family Home
If the court finds that the actual value of the
family home exceeds the maximum amount allowed by
law, the court shall order the execution and sale of the
family home.
“no bid below the value allowed for a family
home shall be considered.”
the amount mentioned in Article 157 shall first
be satisfied prior to the satisfaction of the judgment debt
and the costs.Any excess shall be delivered to the
judgment debtor
ARTICLE 161 162
No Retroactive Effect
Article 162 is to constitute, by operation of law,
all existing family residences at the time of the
effectivity of the Family Code on August 3, 1988 into
family homes
In other words, prior to August 3, 1988, the
procedure mandated by the Civil Code had to be
followed for a family home to be constituted as such
TITLE VI PATERNITY AND FILIATION
Chapter 1
Legitimate Children
ARTICLE 163 164 165
Paternity speaks of the father’s relation to his
child while filiation refers to the child’s relation to his or
her parents.
Types of Filiation
o The filiation of children may be by nature or by
adoption.
o Natural filiation, which is established by blood
relationship, can either be legitimate or
illegitimate.
o Filiation may likewise be created by a judgment
of adoption
o filiation by assisted procreation, resulting from
the artificial insemination of the wife with the
sperm of a donor (other than the husband)
A judgment of adoption is a judicial act whereby the
same rights and obligations arising out of filiation by
blood are established for the adoptive parent and the
adopted child. The child ceases to belong to his or her
original family, except that the child will not be able to
marry with a member of that original family within the
degree prohibited by law.
A parental project involving assisted procreation
(artificial insemination ) exists when a single individual
or spouses decide to have a child by using the genetic
material of another individual, the child born out of such
process is considered as the legitimate child of both the
husband and the wife
Status of Children
“Art. 164. Children conceived or born during the
marriage of the parents are legitimate.”
Also, children conceived or born in a voidable marriage
are likewise considered legitimate since a voidable
marriage is valid until it is annulled. On this respect, the
Code provides:
“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.”
“Art. 165. Children conceived and born outside a valid
marriage are illegitimate, unless otherwise provided in
this Code. (n)”
“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. (269a)”
Children Conceived of Artificial Insemination
Likewise considered legitimate are children
conceived of artificial insemination of the wife with the
sperm, either of the husband or donor, or both, provided
that both the husband and the wife authorized or ratified
such insemination in a written instrument executed and
signed by them before the birth of the child, which
instrument is required to be recorded in the civil registry
together with the birth certificate of the child.
 Note that the child conceived as a result of
artificial insemination is considered a legitimate child of
both the husband and the wife, even if the husband is not
related by blood to the child (if the donor of the sperm
used in the insemination is not the husband).
What the law allows is the artificial insemination
of the wife with the sperm of the husband or that of a
donor or both. As such, the law does not recognize as
valid the use of a surrogate mother, even if the sperm
is that of the husband. Such child shall not be considered
legitimate even if both spouses had authorized or
ratified.
ARTICLE 166 167
Statement of the Presumption
Under the Family Code, a child conceived or
born during a valid marriage is presumed to be
legitimate
How to Rebut Presumption
(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;
(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.
Who May Impugn Child’s Legitimacy
As a rule, impugning the legitimacy of the child
is a strictly personal right of the husband
It is only in exceptional cases that his heirs are
allowed to contest such legitimacy
Under article 171 of the Code, the heirs may,
exceptionally, be allowed to impugn the child’s
legitimacy in the following instances:
(1) if the husband should die before the expiration
of the period fixed for bringing his action;
(2) if the husband 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. Outside of these cases, none — even
the husband’s heirs — can impugn legitimacy;
that would amount to an insult to his memory
In other words, the child himself cannot choose his own
filiation.
It is settled that a child born within a valid marriage is
presumed legitimate even though the mother may have
declared against its legitimacy or may have been
sentenced as an adulteress (Liyao, Jr. vs. Tanhoti-
Liyao)
Jurisprudence is strongly settled that the paramount
declaration of legitimacy by law cannot be attacked
collaterally, one that can only be repudiated or contested
in a direct suit specifically brought for that purpose. (De
Jesus vs. Estate of Decedent Juan Gamboa Dizon
/Heirs and recognized as illegitimate child of the
paramour)
Presumption Applies Even When Mother Declares
Against Child’s Legitimacy (Reasons)
 First, in a fit of anger, or to arouse jealousy in
the husband, the wife may have made this
declaration.
 Second, the article is established as a guaranty in
favor of the children whose condition should not
be under the mercy of the passions of their
parents.
Physical Impossibility to Have Sexual Intercourse
The modern rule is that, in order to overthrow
the presumption of legitimacy, it must be shown beyond
reasonable doubt that there was no access as could have
enabled the husband to be the father of the child.
Physical Incapacity
The law is referring to impotence, which imports
a total want of power of copulation and, as a necessary
incident thereto, the inability to procreate.
Evidence or proof must be clear or satisfactory:
clear, satisfactory and convincing, irresistible or positive.
Only impotency and not sterility is recognized.
There can be no absolute sterility, except in the absence
of testicles or complete absence of spermatozoa.
Living Separately
The separation between the spouses must be
such as to make sexual access impossible
Serious Illness of Husband
The illness of the husband must be of such a
nature as to exclude the possibility of his having sexual
intercourse with his wife
Biological or Other Scientific Reasons
The court recognized results of scientific
procedure.
Obviously, if the husband authorized or ratified
in writing the artificial insemination of his wife with the
sperm of a donor, he may not later on be allowed to
impugn the child’s legitimacy based on biological or
scientific grounds
Blood Testing
A blood test eliminates all possibility that the
putative father is the father of a child, if none of the
putative father’s phenotype(s) are present in the child’s
blood type.
While the converse does not hold true (i.e., that
the presence of identical phenotypes in both individuals
establishes paternity), the absence of the former’s
phenotype in the child’s would have made his paternity
biologically untenable.
DNA Testing
In DNA paternity testing, the DNA profiles of
the mother and the child are obtained to determine which
half of the child’s DNA was inherited from the mother.
The other half is inherited from the father. If the man
does not have the DNA types in his profiles that match
the paternal types in the child, he is excluded. If he has,
he is not excluded as the father.
In Case of Artificial Insemination
In case of children conceived through artificial
insemination, the husband is authorized to impugn the
legitimacy of the child if the written authorization or
ratification of “either parent” was obtained through
mistake, fraud, violence, intimidation, or undue
influence.
Only the husband can impugn, not the wife even
if her authorization was obtained thru fraud, etc.
However, if the sperm of the husband is used, he
is not allowed to impugn child’s legitimacy even if his
written authorization or ratification was obtained
through mistake, fraud, etc.
ARTICLE 168 169
Article 168 applies to a situation where a
previous marriage has been terminated for whatever
reason, i.e. by reason of annulment, declaration of nullity
of marriage or death of the husband, and the woman
contracts a subsequent marriage within three hundred
(300) days after such termination of the former marriage
and later gives birth to a child within such period
In order to solve this problematic situation, article 168 of
the Code provides for these presumptions:
(1) The child is presumed to have been
conceived during the former marriage if it is born before
180 days after the solemnization of the subsequent
marriage, provided it be born within 300 days after the
termination of the former marriage.
(2) The child is presumed to have been
conceived during the subsequent marriage if it is born
after 180 days after the solemnization of the subsequent
marriage, even though it be born within 300 days after
the termination of the former marriage.
It only solves to which marriage the child
belongs and not his/her legitimacy.
Applicability of Article 169
The rule stated in article 169 applies to a
situation where a marriage has been terminated and the
woman gave birth to a child after 300 days following the
termination of the marriage.
We believe that the child should be considered
illegitimate child of the mother, unless she or the child
proves legitimacy.
We cannot presume legitimacy, because the
birth was beyond the period of gestation (300 days) of a
child conceived during the marriage. The presumption of
illegitimacy, on the other hand, runs counter to the
policy of the law to lean in favor of legitimacy. But there
can be no person without status.
ARTICLE 170 171
Action to Impugn Legitimacy--Not Subject to
Collateral Attack
The legitimacy of the child can be impugned
only in a direct action brought for that purpose, by the
proper parties, and within the period limited by law.
Prescriptive Period for Filing Action
The action to impugn the legitimacy of the child must be
brought within the following periods:
(a) One year, counted from the knowledge of the
birth or recording of such birth in the civil
register, if the husband or, in cases provided for
in article 171, any of his heirs, resides in the city
or municipality where the birth took place or
was recorded;55
(b) Two years, counted from the knowledge of the
birth or recording of such birth in the civil
register, if the husband or, in his default, all of
his heirs do not reside at the place of birth or
where it was recorded, and they reside in the
Philippines;56 or
(c) Three years, counted from the knowledge of the
birth or recording of such birth in the civil
register, if the husband or, in his default, all of
his heirs reside 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.
Upon the expiration of the foregoing periods, the
action to impugn the legitimacy of a child can no longer
be brought.
Applicability of Articles 170 and 171 of the Family
Code
The provisions refer to an action to impugn
legitimacy of a child, to assert and prove that a person is
not a man’s child by his wife.
Hence, if it is asserted that the child is not the
child at all of the spouses, the provisions of articles 170
and 171 do not apply.
Chapter 2 Proof of Filiation
ARTICLE 172 173 174
Chapter 3 Legitimate Children
ARTICLE 175 176
Not Subject to Agreement
As such, it cannot be left to the will or
agreement of the parties. It is a serious matter that must
be resolved according to the requirements of the law
” “[A] compromise agreement executed in
behalf of another by one who is not duly authorized to
do so by the principal, is void and has no legal effect,
and the judgment based on such compromise agreement
is null and void,”
Accepted 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.”
Birth Certificate
Being a public document, a birth certificate
offers prima facie evidence of filiation and a high degree
of proof is needed to overthrow the presumption of truth
contained in such public document.
 However, for a birth certificate to be considered
competent evidence of paternity, , it is necessary that the
putative father must have a participation in its
preparation
If the alleged father, signed the birth certificate,
this is considered as acknowledgment of paternity and
the mere presentation of a duly authenticated copy of
such certificate will successfully establish filiation.
Lack of signature however is not a barred if the
father has direct participation like supplying the details
or personally going to the municipal.
Baptismal Certificate
Since baptismal certificates are per se
inadmissible in evidence as proof of filiation, they
cannot be admitted indirectly as circumstantial evidence
to prove the same
Admission of Legitimate Filiation or Paternity
Admission of legitimate filiation or paternity in
a public document or a private handwritten instrument
and signed by the parent concerned is also competent
evidence to prove the fact of legitimate filiation or
paternity, as the case may be.
Under the law, the admission must be made
personally by the parent himself or herself, not by any
brother, sister or relative.
Open and Continuous Possession of Status
“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.”
It involves affection, concern, care, providing monthly
allowance, paying tuition, etc.
Other Proof
A family portrait offered in evidence is not a
sufficient proof of filiation. Pictures do not constitute
proof of filiation
Who May Institute Action
(a) Action to Claim Legitimacy
An action to claim legitimacy is a strictly personal
right of the child, which he or she may exercise at any
time during his or her lifetime
An action to claim legitimacy is transmissible to the
child’s heirs in the following instances:
(1) when the child dies during minority;
(2) when the child dies in a state of insanity; or
(3) when the child dies after the commencement of the
action.
Should the child die during minority or in a state
of insanity, the heirs shall have a period of five (5) years
from death of the child within which to institute the
action
(b) Action to Establish Illegitimate Filiation
An action to establish illegitimate filiation may
be brought by the child within the same period specified
in article 173, except when the action is based on the
second paragraph of article 172, in which case the action
must be brought during the lifetime of the alleged parent.
Hence, if the action to establish illegitimate filiation is
based on the following evidence:
(1) record of birth appearing in the civil register or a
final judgment; or
(2) admission of paternity in a public document or a
private handwritten instrument and signed by the
parent concerned, the same may be brought by
the child at any time during his or her lifetime
The action for recognition as an illegitimate child is
likewise transmissible to the child’s heirs in the
following instances:
(1) when the child dies during minority;
(2) when the child dies in a state of insanity; or
(3) when the child dies after the commencement of
the action.
NOTE:
To emphasize, illegitimate children who were
still minors at the time the Family Code took effect and
whose putative parent died during their minority are thus
given the right to seek recognition (under Article 285
of the Civil Code) for a period of up to four years from
attaining majority age. This vested right was not
impaired or taken away by the passage of the Family
Code.
Rights of Legitimate Children
(1) To bear the surname of the father and mother, in
conformity with the provisions of the Civil Code
on Surnames.113 But legitimate children shall
principally use the surname of the father.114
(2) To receive support from their parents, their
ascendants, and in proper cases, their brothers
and sisters, in conformity with the provisions of
the Family Code on Support.115
(3) To be entitled to the legitime and other
successional rights granted to them by the Civil
Code
Under the law on succession,117 there are three kinds
of heirs:
(1) voluntary, those who become as such only by
the express will of the testator in the latter’s will
and testament (present only in testamentary
succession);
(2) legal or intestate, those who are called by the
law to the succession in the absence of voluntary
heirs designated by the testator (present only in
intestate succession); and
(3) compulsory, those who are entitled to the
legitime and cannot be deprived thereof by the
testator unless properly disinherited by testator.
Legal or intestate succession takes place in the following
instances:
(1) if a person dies without a will, or with a void
will, or one which has subsequently lost its
validity;
(2) when the will does not institute an heir to, or
dispose of all the property belonging to the
testator. In such case, legal succession shall take
place only with respect to the property of which
the testator has not disposed;
(3) if the suspensive condition attached to the
institution of heir does not happen or is not
fulfilled, or if the heir dies before the testator, or
repudiates the inheritance, there being no
substitution, and no right of accre tion takes
place; or
(4) when the heir instituted is incapable of
succeeding, except in cases provided in the Civil
Code
Legitimate children, under the Civil Code, are
compulsory and legal heirs, with respect to their
legitimate parents and ascendants.
The legitime of legitimate children consists of one-
half of the hereditary estate of the father and of the
mother
For example, if there is only one legitimate
child, he or she is entitled to one-half of the hereditary
estate as his or her legitime. If there are two or more
legitimate children, their legitime is still one-half of the
hereditary estate, which they will divide in equal
portions.
Rights of Illegitimate Children
(1) Illegitimate children shall principally use the
surname of their mother. They may not, as a
rule, use the surname of their father.
(2) Illegitimate children are likewise entitled to
support from their parents. However, 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.
(3) Illegitimate children are also to be considered as
compulsory and legal heirs, with respect to their
parents. The legitime of each illegitimate child
shall consist of one-half of the legitime of a
legitimate child.
They may be allowed to use the surname of their father
only in the following instances:
(1) if their illegitimate filiation has been expressly
recognized by the father through the record of
birth appearing in the civil register; or
 (2) or when an admission of paternity is made by
the putative father in a public document or
private handwritten instrument
Chapter 4--Legitimated Children
Effects of Legitimation
When legitimation takes place, the legitimated
child is entitled to the same rights as legitimate child and
this effect retroacts to the time of the child’s birth

ARTICLE 177 178 179 180 181 182
Concept of Legitimation, Explained
Legitimation is a right granted by law to 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.
Hence, if, at the time of the child’s conception,
the parents are “disqualified by any impediment to marry
each other,” the child is not legitimated by the
subsequent marriage of the parents. In this situation, the
remedy available to raise the child into the status of
legitimacy is that of adoption.
Since legitimation retroacts to the time of the
child’s birth, the same shall benefit the descendants of a
legitimated child who died before the celebration of the
marriage of his or her parents
Action to Impugn Legitimation
Under article 182, the action to impugn the
legitimation must be initiated within a period of five
years from the time of accrual of cause of action.
Since legitimation has the effect of raising the
child into the status of legitimacy, the validity of such
legitimation may only be questioned in a direct
proceeding

If the child is conceived and born inside a void

marriage but the parents are not disqualified by any
impediment to marry each other, i.e., in a marriage
which is void by reason of absence of marriage license,
the child may be legitimated.

If a child is conceived and born outside of

wedlock of parents who, at the time of the child’s
conception, were below 18, the subsequent marriage of
the parents after reaching the age of 18 will not result in
the child’s legitimation.

Note that under article 177 of the Code, if the

impediment to marry of the parents exists at the “time
of the conception of the child,” the child may not be
legitimated, regardless if it cease to exist later on.

How Legitimation Takes Place

Legitimation shall take place by a subsequent

marriage between the parents, such marriage must be
valid or, at least, voidable

However, if the marriage between the child’s

parents is void ab initio, legitimation is considered not to
have taken place because a void marriage is deemed as
having never to have taken place