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The Civil Code of The Philippines: Introductory Chapter
The Civil Code of The Philippines: Introductory Chapter
INTRODUCTORY CHAPTER
Article 1 .................................................................................... 4
Article 2 .................................................................................... 4
Article 3 .................................................................................... 4
Article 4 .................................................................................... 4
Article 5 .................................................................................... 4
Article 6 .................................................................................... 4
Article 7 .................................................................................... 4
Article 8 .................................................................................... 5
Article 9 .................................................................................... 5
Article 10 ................................................................................ 5
Article 11 ................................................................................ 5
Article 12 ................................................................................ 5
Article 13 ................................................................................ 5
Article 14 ................................................................................ 5
Article 15 ................................................................................ 5
Article 16 ................................................................................ 5
Article 17 ................................................................................ 6
Article 18 ................................................................................ 6
Article 19 ................................................................................ 28
Article 20 ................................................................................ 28
Article 21 ................................................................................ 28
Article 22 ................................................................................ 28
Article 23 ................................................................................ 29
iii
Article 24 ................................................................................ 29
Article 25 ................................................................................ 29
Article 26 ................................................................................ 29
Article 27 ................................................................................ 29
Article 28 ................................................................................ 30
Article 29 ................................................................................ 30
Article 30 ................................................................................ 30
Article 31 ................................................................................ 30
Article 32 ................................................................................ 30
Article 33 ................................................................................ 32
Article 34 ................................................................................ 32
Article 35 ................................................................................ 32
Article 36 ................................................................................ 33
BOOK I
PERSONS
Article 37 ................................................................................ 52
Article 38 ................................................................................ 52
Article 39 ................................................................................ 52
Article 40 ................................................................................ 53
Article 41 ................................................................................ 53
Article 42 ................................................................................ 53
Article 43 ................................................................................ 53
Article 44 ................................................................................ 53
Article 45 ................................................................................ 54
Article 46 ................................................................................ 54
Article 47 ................................................................................ 54
Article 48 ................................................................................ 61
Article 49 ................................................................................ 61
Article 50 ................................................................................ 61
Article 51 ................................................................................ 61
iv
TITLE III — MARRIAGE
Article 52 ................................................................................ 65
Article 53 ................................................................................ 65
Article 54 ................................................................................ 65
Article 55 ................................................................................ 65
Article 56 ................................................................................ 66
Article 57 ................................................................................ 66
Article 58 ................................................................................ 67
Article 59 ................................................................................ 67
Article 60 ................................................................................ 68
Article 61 ................................................................................ 69
Article 62 ................................................................................ 69
Article 63 ................................................................................ 70
Article 64 ................................................................................ 70
Article 65 ................................................................................ 70
Article 66 ................................................................................ 70
Article 67 ................................................................................ 71
Article 68 ................................................................................ 71
Article 69 ................................................................................ 71
Article 70 ................................................................................ 71
Article 71 ................................................................................ 72
Article 72 ................................................................................ 78
Article 73 ................................................................................ 78
Article 74 ................................................................................ 78
Article 75 ................................................................................ 79
Article 76 ................................................................................ 79
Article 77 ................................................................................ 79
Article 78 ................................................................................ 79
Article 79 ................................................................................ 80
Article 80 ................................................................................ 82
Article 81 ................................................................................ 83
Article 82 ................................................................................ 83
Article 83 ................................................................................ 83
Article 84 ................................................................................ 84
Article 85 ................................................................................ 84
Article 86 ................................................................................ 85
Article 87 ................................................................................ 85
Article 88 ................................................................................ 86
v
Article 89 ................................................................................ 86
Article 90 ................................................................................ 86
Article 91 ................................................................................ 86
Article 92 ................................................................................ 97
Article 93 ................................................................................ 97
Article 94 ................................................................................ 97
Article 95 ................................................................................ 98
Article 96 ................................................................................ 98
Article 97 ................................................................................ 99
Article 98 ................................................................................ 99
Article 99 ................................................................................ 99
Article 100 ................................................................................ 99
Article 101 ................................................................................ 100
Article 102 ................................................................................ 100
Article 103 ................................................................................ 100
Article 104 ................................................................................ 100
Article 105 ................................................................................ 100
Article 106 ................................................................................ 101
Article 107 ................................................................................ 101
Article 108 ................................................................................ 101
vi
Article 121 ................................................................................ 113
Article 122 ................................................................................ 113
Article 123 ................................................................................ 113
Article 124 ................................................................................ 113
Article 125 ................................................................................ 113
vii
Article 152 ................................................................................ 121
viii
Article 181 ................................................................................ 138
Article 182 ................................................................................ 138
Article 183 ................................................................................ 138
Article 184 ................................................................................ 139
Article 185 ................................................................................ 139
Article 186 ................................................................................ 139
Article 187 ................................................................................ 139
Article 188 ................................................................................ 139
Article 189 ................................................................................ 139
ix
Article 215 ................................................................................ 149
x
Article 245 ................................................................................ 159
Article 246 ................................................................................ 159
Article 247 ................................................................................ 159
Article 248 ................................................................................ 159
Article 249 ................................................................................ 159
Article 250 ................................................................................ 160
Article 251 ................................................................................ 160
xi
Chapter 4 — ILLEGITIMATE CHILDREN
TITLE IX — SUPPORT
TITLE X — FUNERALS
xii
TITLE XI — PARENTAL AUTHORITY
Chapter 4 — EXTINGUISHMENT OF
PARENTAL AUTHORITY
Chapter 5 — ADOPTION
xiii
Article 338 ................................................................................ 204
Article 339 ................................................................................ 204
Article 340 ................................................................................ 204
Article 341 ................................................................................ 204
Article 342 ................................................................................ 205
Article 343 ................................................................................ 205
Article 344 ................................................................................ 205
Article 345 ................................................................................ 205
Article 346 ................................................................................ 205
Article 347 ................................................................................ 205
Article 348 ................................................................................ 205
xiv
Article 376 ................................................................................ 219
Article 377 ................................................................................ 219
Article 378 ................................................................................ 219
Article 379 ................................................................................ 219
Article 380 ................................................................................ 219
Chapter 1 — EMANCIPATION
xv
Article 398 ................................................................................ 231
Article 399 ................................................................................ 231
Article 400 ................................................................................ 231
Article 401 ................................................................................ 231
TITLE I — MARRIAGE
xvi
Article 20 ................................................................................ 253
Article 21 ................................................................................ 253
Article 22 ................................................................................ 254
Article 23 ................................................................................ 254
Article 24 ................................................................................ 255
Article 25 ................................................................................ 255
Article 26 ................................................................................ 256
xvii
Article 58 ................................................................................ 291
Article 59 ................................................................................ 291
Article 60 ................................................................................ 291
Article 61 ................................................................................ 292
Article 62 ................................................................................ 292
Article 63 ................................................................................ 293
Article 64 ................................................................................ 293
Article 65 ................................................................................ 295
Article 66 ................................................................................ 295
Article 67 ................................................................................ 296
xviii
Article 89 ................................................................................ 311
Article 90 ................................................................................ 311
xix
Article 110 ................................................................................ 329
Article 111 ................................................................................ 330
Article 112 ................................................................................ 330
Article 113 ................................................................................ 330
Article 114 ................................................................................ 330
Article 115 ................................................................................ 330
xx
Chapter 5 — SEPARATION OF PROPERTY
OF THE SPOUSES AND ADMINISTRATION
OF COMMON PROPERTY BY ONE SPOUSE
DURING THE MARRIAGE
xxi
Article 160 ................................................................................ 369
Article 161 ................................................................................ 369
Article 162 ................................................................................ 370
xxii
Article 191 ................................................................................ 409
Article 192 ................................................................................ 409
Article 193 ................................................................................ 409
xxiii
Article 222 ................................................................................ 437
Article 223 ................................................................................ 437
Article 224 ................................................................................ 438
Chapter 5 — SUSPENSION OR
TERMINATION OF PARENTAL AUTHORITY
xxiv
Article 245 ................................................................................ 451
Article 246 ................................................................................ 451
Article 247 ................................................................................ 451
Article 248 ................................................................................ 451
APPENDICES
xxv
APPENDIX B — REPUBLIC ACT NO. 9048
An Act Authorizing the City of Municipal
Civil Registrar or the Consul General to
Correct a Clerical or Typographical Error in
an Entry and/or Change of First Name or
Nickname in the Civil Register without Need
of a Judicial Order, Amending for this Purpose
Articles 376 and 412 of the Civil Code
of the Philippines
xxvi
ARTICLE III — ELIGIBILITY
ARTICLE IV — PROCEDURE
xxvii
APPENDIX D — REPUBLIC ACT NO. 8043
(INTER-COUNTRY ADOPTION ACT OF 1995)
An Act Establishing the Rules to Govern
Inter-Country Adoption of Filipino
Children, and for Other Purposes
ARTICLE IV — PENALTIES
xxviii
APPENDIX E — PRESIDENTIAL DECREE
NO. 1083 (MUSLIM CODE)
A Decree to Ordain and Promulgate a Code
Recognizing the System of Filipino Muslim
Laws, Codifying Muslim Personal Laws,
and Providing for Its Administration
and for Other Purposes
xxix
Article 15. Essential requisites .............................................. 492
Article 16. Capacity to contract marriage ............................. 492
Article 17. Marriage ceremony ............................................... 492
Article 18. Authority to solemnize marriage ......................... 493
Article 19. Place of solemnization .......................................... 493
Article 20. Specification of dower ........................................... 493
Article 21. Payment of dower ................................................. 493
Article 22. Breach of contract ................................................. 493
xxx
Article 43. Household property .............................................. 498
Article 44. Right to sue and be sued ..................................... 498
Section 2 — ‘Idda
xxxi
Article 72. Duty to parents ..................................................... 504
Article 73. Duty to children .................................................... 504
Article 74. Effects upon person of children ........................... 504
Article 75. Effects upon property of children ........................ 504
Article 76. Parental authority non-transferable ................... 504
Article 77. Extinguishment of parental authority ................ 504
xxxii
TITLE II — TESTAMENTARY SUCCESSION
Chapter 1 — WILLS
Chapter 1 — SHARERS
xxxiii
TITLE IV — SETTLEMENT AND PARTITION
OF ESTATE
xxxiv
Article 161. Divorce by talaq and tafwid ............................... 519
Article 162. Subsequent marriages ........................................ 520
Article 163. Offenses against customary law ........................ 520
TITLE IV –– CONVERSIONS
xxxv
Chapter 2 — SPECIFIC OFFENSES
xxxvi
Section 22. Issuance of Decree of Declaration
of Absolute Nullity or Annulment of Marriage ........... 532
Section 23. Registration and publication of the decree;
decree as best evidence .................................................. 532
Section 24. Effect of death of a party; duty of
the Family Court or Appellate Court ........................... 533
Section 25. Effectivity .............................................................. 533
xxxvii
APPENDIX H — A.M. No. 02-11-12-SC
Rule on Provisional Orders
xxxviii
CIVIL LAW
By
Volume I
Second Edition
2006
by
JOSE C. VITUG
ISBN 978-971-23-4553-1
No. ____________
ISBN 978-971-23-4553-1
Printed by
CIVIL LAW
INTRODUCTORY CHAPTER
1
2 CIVIL LAW
The Civil Code of the Philippines
PRELIMINARY TITLE
Chapter 1
Effect and Application of Laws
4
Arts. 8-16 PRELIMINARY TITLE 5
The Case
Republic vs. Court of Appeals (G.R. 79732, 8 Novem-
ber 1993) — The strict view considers a legislative enact-
ment which is declared unconstitutional as being, for all
legal intents and purposes, a total nullity, and it is deemed
as if it had never existed. It is not always the case, how-
ever, that a law is constitutionally faulty per se. Thus, it
may well be valid in its general import but invalid in its
application to certain factual situations. To exemplify, an
otherwise valid law may be held unconstitutional only
insofar as it is allowed to operate retrospectively such as,
in pertinent cases, when it vitiates contractually vested
rights. To that extent, its retroactive application may be
so declared invalid as impairing the obligations of con-
tracts.
A judicial declaration of invalidity, it is also true,
may not necessarily obliterate all the effects and conse-
quences of a void act occurring prior to such a declara-
tion. Thus, in the decisions on the moratorium laws, the
courts have been constrained to recognize the interim
effects of said laws prior to their declaration of
unconstitutionality, but there they have likewise been
unable to ignore strong considerations of equity and fair
play. So also, even as a practical matter, a situation that
may aptly be described as fait accompli the Supreme
Court added, may no longer be open for further inquiry,
let alone to be unsettled by a subsequent declaration of
nullity of a governing statute.
Arts. 1-18 PRELIMINARY TITLE 11
Observation
Indeed, the trend is no different in Common Law.
The Case
Carbonell vs. Court of Appeals (69 SCRA 99) — As a
matter of equity, a possessor in bad faith is entitled to
remove useful expenditures made by him, such as for the
construction of a bungalow, underground drainage and
walled fence, if the lawful possessor, on whose land the
construction and installation are made, fails to refund
the expenses therefor, applying by analogy the provisions
of Article 549 of the Civil Code on luxury expenditures.
Observation
The ruling appears to have ignored Article 449 of the
Code which explicitly states that he “who builds, plants,
or sows in bad faith on the land of another, loses what is
built, planted or sown without right to indemnity” (see
De Guzman vs. Rivera, 4 Phil. 620; Roman Catholic
Church vs. Ilocos Sur, 10 Phil. 1; Felices vs. Iriola, 103
Phil. 125). In the case of luxury or ornamental (not useful)
improvements, a right of removal is granted to the
possessor in bad faith (Art. 549, Civil Code).
The Case
New Pacific Timber and Supply Co. vs. Señeris (101
SCRA 686) — The object of certifying a check as regards
the parties is to enable the holder to use it as money.
When the holder procures the check to be certified, such
certification operates as an assignment of funds to the
creditor conformably with the proviso in Section 63 of the
Central Bank Act to the effect that a check cleared and
credited to the account of the creditor shall be equivalent
to delivery in cash. Thus, there is no justification in the
creditor’s refusing payment by a certified check (tendered
by the judgment debtor) and in the lower court’s proceed-
ing with its levy on execution.
12 CIVIL LAW Arts. 1-18
The Civil Code of the Philippines
Observation
It would seem that Section 63, aforecited, merely
refers to a situation where the payor and the payee both
have accounts with the certifying bank that could permit
an effectual transfer of funds (see also Sec. 188, Negotiable
Instruments Law). In any other situation, Article 1249 of
the Civil Code, in relation to Republic Act 529, as amended,
would permit the discharge of a money obligation only by
payment in legal tender, or in check or other mercantile
documents, if accepted by the creditor, upon their being
cashed or when through the fault of the creditor they are
impaired (Cuaycong vs. Rius, 47 O.G. 6125). Subsequent
decisions do reiterate that checks, whether cashier or
ordinary, are not legal tender (see Roman Catholic Church
vs. Court of Appeals, G.R. No. 72110, 16 November 1990;
Fortunato vs. Court of Appeals, 196 SCRA 769).
In Leticia Co. vs. Philippine National Bank (114
SCRA 842), the Court upheld a tender of a redemption
price in a manager’s check, on the ground that the
objection to the payment by check was waived when in its
letter of rejection, the creditor bank did not invoke the
objection. But the Supreme Court went beyond this
justification saying that “this Court had already
sanctioned redemption by check” citing Javellana vs.
Mirasol (40 Phil. 761) without adverting that, in Mirasol,
the same Court (op. cit., at p. 770) expressly conceded
that “it should go without saying that if he had seen it fit
to do so, the officer could have required payment to be
made in lawful money.”
The Case
Overseas Bank vs. Court of Appeals (105 SCRA 49) —
It is utterly unfair to require a bank not allowed to oper-
ate by the Central Bank to pay stipulated interest on
money deposited with it. Judicial notice may be taken of
the fact that what enables a bank to pay such interest is
its ability to generate funds from its authorized operations.
Arts. 1-18 PRELIMINARY TITLE 13
Observation
Fortuitous event, by itself, is not to be normally or
lightly taken as a mode of extinguishing an obligation
but it may trigger off or cause a valid mode that ordinarily
can excuse the obligor from an existing obligation. Thus,
in an obligation to give, if the thing is lost, or in an obliga-
tion to do, if the act or service becomes impossible or so
extremely difficult as to be beyond the contemplation of
the parties, due to a fortuitous event, the obligor’s
obligation may be extinguished. In the cited case, the
obligation is one to pay the stipulated interest, and the
object (money) of the obligation being generic, loss as a
mode of extinguishing an obligation would be inapplicable
under the principle genus nunquam perit (see Arts. 1262,
1263, 1266, 1267, 1173, 1174 of the Civil Code). In rather
strong language, the Supreme Court in LTB vs. Manabat
(58 SCRA 650) has declared that unforeseen difficulties
are not grounds for reneging upon a contract.
The Case
Hermanos vs. Saldana (55 SCRA 342) — In two
separate contracts for the sale of two lots in a subdivision
to the same buyer, who defaulted in both contracts but
where the total payment could cover one lot, the seller
was ordered to execute one absolute deed of sale to cover
one lot.
Observation
Contracts have the force of law between the con-
tracting parties, and they are bound not only to the
fulfillment of what might have been stipulated but also
to its consequences (Arts. 1159, 1315, Civil Code). A fail-
ure of due compliance by a party to a contract renders
him liable for causes attributable to him; upon the other
14 CIVIL LAW Arts. 1-18
The Civil Code of the Philippines
The Case
Caram vs. Laureta (103 SCRA 7) — In a double sale
of the same registered land, the Supreme Court declared
one as valid and the other as void (as a matter of practical
justice and convenience) despite the absence of such dec-
laration of complete nullity by either Article 1409 or Arti-
cle 1544 of the Civil Code, in order, the Court said, to
define once and for all the rights of all parties concerned
and to cut off all rights under the contract declared void.
Observation
What then would be the remedy of the vendee under
the void contract? If it were not declared void, the buyer
of the defective sale would have had ample legal remedies
against the seller. Some of the statutory provisions that
could be invoked by said buyer include Article 1191 on
resolution of contracts, articles 1545 and 1553-1556 on
implied warranties in sales, and articles 1916-1917 on
agency, of the Civil Code. But why should these legal
remedies be “cut-off”?
The Case
J.M. Tuason vs. Court of Appeals (94 SCRA 413) —
One who purchases real property with knowledge of de-
fect or lack of title of the vendor or of facts that should
have put him to inquiry is not in good faith; and not being
so, the vendee is not entitled to warranty against eviction
nor to damages.
Arts. 1-18 PRELIMINARY TITLE 15
Observation
Mere knowledge by the vendee of the defect of title of
the vendor (who need not even have title at the time of
perfection of the contract) does not render the vendor’s
implied warranties to become ineffectual. Even a waiver
of eviction does not totally exempt the vendor from liabil-
ity and he would still have to account for the value of the
thing at the time of eviction (Art. 1554, Civil Code). It is
only a waiver with knowledge of the risk of eviction and
assumption of its consequences (intencionada, as distin-
guished from consciente) that may altogether exempt the
vendee from liability (Art. 1554, ibid.).
Chapter 2
Human Relations (n)
(see Aberca vs. Ver, 160 SCRA 590). The last paragraph of
Article 32 would make a judge liable only if his acts in
violation of said article would constitute a violation of a
penal law. The liability under Article 2189 has been held
to arise only if the public officials acted with malice and
in bad faith, or beyond his authority or jurisdiction. Cul-
pable neglect, inefficiency and gross indifference have
been held insufficient to warrant that personal liability
(Dumlao vs. Court of Appeals, 114 SCRA 247).
The doctrine of immunity that shields public offi-
cials from personal liability for their official acts has its
exceptions. A public officer by virtue of his office alone is
not immune from damages in his personal capacity aris-
ing from illegal acts done in bad faith. A different rule
would sanction the use of public office as a tool of oppres-
sion (Tabuena vs. Court of Appeals, 3 SCRA 413, cited in
Rama vs. Court of Appeals, 148 SCRA 496). A public
officer who commits a tort or other wrongful act, done in
excess or beyond the scope of his duty, is not protected by
his office and is personally liable therefor like any pri-
vate individual (Palma vs. Graciano, 99 Phil. 72; Carreon
vs. Province of Pampanga, 99 Phil. 808). This principle of
personal liability has been applied to cases where a pub-
lic officer removes or discharges an employee wrongfully
on the rationale that when a public officer does so, he
would be deemed to be acting without any official mantle
of authority (Stiles vs. Lowell, 233 Mass. 174, 123 NE
615, 4 ALR 1365, cited in 63 Am. Jur. 2d. 770, cited in
Correa vs. Court of First Instance of Bulacan, 92 SCRA
312). An abolition of office, said the Supreme Court in one
case, neither means removal nor separation, and is not
thus covered by the constitutional clause on security of
tenure, but it carries a caveat that the abolition is done in
good faith (Ginson vs. Municipality of Murcia, 158 SCRA
1). The principle of immunity from suit cannot be in-
voked when the public official acts with malice or in bad
faith or beyond the scope of his authority or jurisdiction
(Shauf vs. Court of Appeals, G.R. No. 90314, 27 Novem-
42 CIVIL LAW Arts. 19-36
The Civil Code of the Philippines
ber 1990; see also Farolan vs. Solmac Mktg. Corp., 195
SCRA 168).
Prejudicial Question
A pre-judicial question, in the context of its use in
the Civil Code, is an issue raised in a criminal case the
final resolution of which in another case by another tri-
bunal, which has the jurisdiction to try and decide that
issue, would be determinative of the outcome of the crimi-
nal case (see Librado vs. Coscolluela, 116 SCRA 303;
Jimenez vs. Averia, 22 SCRA 1380). The elements of a
prejudicial question, consistently with Section 7, Rule
111 of the Revised Rules of Criminal Procedure, are — (a)
the previously instituted civil action involves an issue
similar or intimately related to the issue raised in the
subsequent criminal action, and (b) the resolution of such
issue determines whether or not the criminal action may
proceed. The provision is taken from the ruling of the
Supreme Court in Prado vs. People (133 SCRA 602) that
for “a civil action to be considered prejudicial to a crimi-
nal case as to cause the suspension of the criminal pro-
ceedings until the final resolution of the civil, the follow-
ing requisites must be present: (1) the civil case involves
facts intimately related to those upon which the criminal
prosecution would be based; (2) in the resolution of the
issue or issues raised in the civil action, the guilt or
innocence of the accused would necessarily be determined;
and (3) jurisdiction to try said question must be lodged in
another tribunal.”
Hence, in a criminal case for bigamy, an action for
annulment of the second marriage allegedly because of
force or intimidation employed on (not by) the accused
may be pre-judicial on the latter’s guilt or innocence
(Zapanta vs. Montesa, 4 SCRA 510; see Umali vs. Court
of Appeals, 186 SCRA 680; Donato v. Luna, 160 SCRA
441). The pendency, however, of annulment proceedings
of the first marriage will not constitute a prejudicial
question even where the supposed innocent party thereto
50 CIVIL LAW
The Civil Code of the Philippines
BOOK I
PERSONS
TITLE I. CIVIL PERSONALITY
Chapter 1
General Provisions
52
Arts. 40-44 PERSONS 53
Title I. Civil Personality
Chapter 2
Natural Persons
Chapter 3
Juridical Persons
Art. 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities
for public interest or purposes, created by law; their
personality begins as soon as they have been consti-
tuted according to law;
(3) Corporations, partnerships and associations
for private interest or purpose to which the law grants
a juridical personality, separate and distinct from that
of each shareholder, partner or member. (35a)
54 CIVIL LAW Arts. 37-47
The Civil Code of the Philippines
1. Juridical Capacity
Juridical capacity (referred to at times as juridical
personality or simply as “personality”) is the fitness to be
the subject of legal relations (Art. 37, Civil Code). Juridical
capacity is inherent in every natural person, and it is lost
only through death (Arts. 37 and 42, Civil Code). Certain
rights inhere in or flow from personality (referred to as
Arts. 37-47 PERSONS 55
Title I. Civil Personality
Natural Persons
Birth determines personality; a foetus is considered
born if it is alive at the time it is completely delivered
from the mother’s womb. Under the Civil Code, life at
birth is an absolute condition for vesting personality. Thus,
in Geluz vs. Court of Appeals (112 Phil. 696; 2 SCRA 801):
“Since an action for pecuniary damages on
account of personal injury or death pertains primarily
to the one injured, it is easy to see that if no action
for such damages could be instituted on behalf of the
unborn child on account of the injuries it received,
no such right of action could derivatively accrue to
its parents or heirs. In fact, even if a cause of action
did accrue on behalf of the unborn child, the same
was extinguished by its prenatal death, since no
transmission to anyone can take place from one that
lacked juridical personality (or juridical capacity, as
distinguished from capacity to act). It is no answer
to invoke the provisional personality of a conceived
child (conceptus pro nato habetur) under Article 40
of the Civil Code, because that same article expressly
limits such provisional personality by imposing the
condition that the child should be subsequently born
alive: ‘provided it be born later with the conditions
specified in the following article.’ In the present case,
there is no dispute that the child was dead when
separated from its mother’s womb.
The prevailing American jurisprudence is to the
same effect; and it is generally held that recovery
cannot be had for the death of an unborn child
(Stafford vs. Roadway Transity Co., 70 F. Supp. 555;
Dietrich vs. Northampton, 52 Am. Rep. 242; and
numerous cases collated in the editorial note, 10 ALR,
[2d] 639).
56 CIVIL LAW Arts. 37-47
The Civil Code of the Philippines
and the life of the unborn from conception” (Art. II, Sec.
12, 1987 Constitution) should compel a statutory and
jurisprudential re-examination of the strictissimi juris
rule pronounced in Geluz.
Provisional Personality
The Civil Code presently states that a conceived child
shall be considered born for all purposes that are favorable
to it, provided that it be born alive or, if the foetus had an
intra-uterine life of less than seven months, that it must
live for twenty-four hours after its complete delivery from
the maternal womb (Arts. 40-41, Civil Code). If the foetus
dies within that period, irrespective of the cause whether
natural, accidental or intentional, however unfortunate,
it shall not be deemed to have attained legal personality
(see Geluz vs. Court of Appeals, 2 SCRA 801).
Juridical Persons
In the case of juridical persons, juridical capacity is
granted by law only upon their constitution or legal
recognition. The Civil Code declares to be juridical persons
the State and its political subdivisions; other corporations,
institutions and entities for public interest or purpose,
created by law, whose personality begins as soon as they
have been constituted according to law; and corporations,
partnerships and associations for private interest or
purpose to which the law grants a juridical personality,
separate and distinct from that of each shareholder,
partner or member (Art. 44, Civil Code). Private
corporations are granted juridical personality upon the
issuance of the Certificate of Registration of the Articles
of Incorporation (Sec. 19, Corporation Code). Partnerships,
on the other hand, begin to have a personality separate
and distinct from that of each of the partners from the
time an agreement of partnership is reached by its
members (see Art. 1768, Civil Code).
It has been said that the estate of a deceased person
is impressed with quasi-personality that enables it to
58 CIVIL LAW Arts. 37-47
The Civil Code of the Philippines
2. Capacity to Act
Capacity to act is the power to do acts with legal
effects; it is acquired and it may be lost (Art. 37, Civil
Code). In natural persons, capacity to act is normally
enjoyed upon the attainment of majority age (18 years);
exceptionally, prior to the enactment of Republic Act No.
6809 which reduced the age of majority from 21 years to
18 years, capacity to act was also granted to minors
through emancipation by marriage and voluntary
concession (Arts. 234-236, Family Code; see also Arts.
397-406, Civil Code). Once emancipated, the person may
enter into juridical relations and sue or be sued without
need of parental intervention (see Baliwag Transit, Inc.
vs. Court of Appeals, 169 SCRA 849). Circumstances that
may restrict capacity to act, besides minority, include
insanity or imbecility, the state of being a deaf-mute,
prodigality and civil interdiction. These circumstances,
including minority, are mere restrictions on capacity to
act and do not necessarily exempt the incapacitated
persons from certain obligations such as those arising
from his acts or from property relations (Arts. 38, 39 and
1399, Civil Code). Thus, a minor may be estopped by his
misrepresentation (Mercado vs. Espiritu, 37 Phil. 215).
Where necessaries are sold and delivered to a minor or
incapacitated, he must pay a reasonable price therefor
(Art. 1489, Civil Code). An infant may be held liable for
his tortious conduct, a rule that is preferable than to let
the guiltless victim suffer the loss for the wrongful act
(see Magtibay vs. Tiangco, 74 Phil. 576).
Capacity to act is not limited on account of religious
belief or political opinion (Art. 39, Civil Code).
Under the Theory of General Capacities, which is
applicable to natural persons, one has the ability to do all
Arts. 37-47 PERSONS 59
Title I. Civil Personality
Effects of Incapacity
The lack of capacity to act should not be confused
with lack of authority, such as by an agent who acts
beyond the scope or in excess of the authority granted by
the principal, or with disqualification that prohibits
persons (who may have both capacity as well as authority)
from acting or contracting on certain specified transactions
such as the prohibition of spouses to donate (Art. 133,
Civil Code) or to sell to each other (Art. 1490, Civil Code).
Generally, incapacity would result in a voidable act
(see Art 1390, Civil Code), except in a contract where
both parties are incapacitated which renders the
agreement unenforceable (Art. 1403, Civil Code); lack of
authority would normally render the act unenforceable
(Art. 1403, Civil Code) or occasionally void such as when
the party with which the actor has transacted is aware of
the latter’s lack of authority (Art. 1898, Civil Code) or
when the contract is a sale of a piece of land or any
interest therein (Art. 1874, Civil Code). Disqualifications,
being prohibitory in nature, would render the act or
contract executed by a disqualified person void unless
the law itself declares otherwise (see Arts. 5 and 1409,
Civil Code; Yuchengco vs. Velayo, 115 SCRA 307).
Presumption of Survivorship
The Civil Code does not contain a presumption of
survivorship; the Code, instead, provides that if there is a
doubt, as between two or more natural persons who are
called to succeed each other, as to who between or among
them died first, whoever alleges the death of one prior to
the other shall prove the same. In the absence of proof, it
is presumed that they have died at the same time and
there shall be no transmission of rights from one to the
other (Art. 43, Civil Code). In respect to questions outside
of successional rights, the Revised Rules of Court sanctions
presumptions based on possibilities of relative strength,
such as age and sex, in death due to calamities (see Rule
131, Sec. 5[jj], Rules of Court).
61
61
62 CIVIL LAW Arts. 48-51
The Civil Code of the Philippines
Domicile
The domicile of natural persons, for the exercise of
civil rights and the fulfillment of civil obligations, is the
place of their habitual residence (Art. 50, Civil Code).
Domicile means the permanent home, and it connotes
the place to which, whenever absent for business or
pleasure no matter how long, a person intends to return
(Ong Huan Tin vs. Republic, 19 SCRA 966). The term
legal residence and domicile are often used inter-
changeably although “residence” has a broader connota-
tion that may mean permanent (domicile), official (place
where one’s official duties may require him to stay) or
temporary (the place where he sojourns during a consider-
able length of time).
In the case of juridical persons, their domicile is the
place fixed in the law creating or recognizing them; in its
absence, their domicile is understood to be the place where
their legal representation is established or where they
exercise their principal functions (Art. 51, Civil Code). In
the case of private corporations, their domicile is the
place where their principal office is located (see Clavecilla
Radio System vs. Antillon, 19 SCRA 379). The domicile of
partnerships is their place of business (see McDonald vs.
National City Bank of New York, 99 Phil. 156).
65
Chapter 1
Requisites of Marriage
65
66 CIVIL LAW Arts. 56-57
The Civil Code of the Philippines
Concept of Marriage
The Civil Code defines marriage not as a mere
contract but as an inviolable social institution whose
nature, consequences and incidents are governed by law
and not subject to stipulation, except that the marriage
settlements may fix to a certain extent the property
relations during the marriage (Art. 52, Civil Code).
Marriage is the basis of human society and a relation
that is imbued with public interest. Every intendment of
the law leans towards legalizing matrimony (Alavado vs.
City Government of Tacloban, 139 SCRA 230).
In Calimlim-Canullas vs. Fortun (129 SCRA 675),
Mercedes Calimlim-Canullas and Fernando Canullas
were married in 1962. The couple built a house on the
land owned by Fernando’s father. After the father’s death,
Fernando Canullas inherited the land. In 1978, Fernando
abandoned his family and lived with Corazon Daguines.
In 1980, he sold the house and lot to Corazon who
thereafter filed a complaint against Mercedes for Quieting
of Title. One issue raised before the Supreme Court was
whether the sale of the house and lot to Corazon was
valid. The Court ruled:
“x x x We find that the Contract of Sale was null
and void for being contrary to morals and public
policy. The sale was made by a husband in favor of a
Arts. 52-71 PERSONS 73
Title III. Marriage
Requisites of Marriage
A valid marriage requires compliance with the
following requisites:
(1) Legal capacity of the contracting parties;
(2) Their consent, freely given;
(3) Authority of the person performing the mar-
riage; and
(4) A marriage license, except in certain marriages
of exceptional character (Art. 53, Civil Code).
Legal Capacity
Any male of the age of sixteen years or upwards and
any female of the age of fourteen years or upwards, not
otherwise disqualified by law, may enter into a contract
of marriage (Art. 54, Civil Code). In case either or both of
the contracting parties, being neither widowed nor
divorced, are less than twenty years of age as regards the
male and less than eighteen years as regards the female,
the written and sworn consent to their marriage of their
father, mother or guardian, or persons having legal charge
of them, in the order mentioned, is required (Art. 61,
Civil Code). The marriage, in the absence of such consent,
may be annulled by the party whose parent or guardian
did not give consent within four years after attaining the
age of twenty or eighteen years, as the case may be, or by
the parent or guardian or person having legal charge at
any time before such party has reached the age, respec-
74 CIVIL LAW Arts. 52-71
The Civil Code of the Philippines
Consent of Parties
Like any other contract, consent of the contracting
parties should be free from vices of consent; unlike,
however, in ordinary contracts, the vices of consent in
marriage are more stringent than in such other contracts.
The attendance of violence, intimidation, fraud or the
state of being of unsound mind may vitiate consent that
can render the contract voidable (Arts. 85- 86, Civil Code).
A breach of promise to marry is neither enforceable
nor, by itself, otherwise actionable, except that to the
extent one has acted in a manner that is contrary to
morals, good customs or policy, in which case, the person
upon whom it is exercised may be compensated for the
damage that may have been sustained (see Art. 19 and
Art. 21, Civil Code; Hermosisima vs. Court of Appeals,
et al., 109 Phil. 629).
Marriage License
A marriage license is a prerequisite to the marriage.
The license is issued by the local civil registrar of the
municipality where either contracting party habitually
resides upon an application in writing of the contracting
parties and the registrar’s being satisfied that no legal
impediment to such marriage exists (Arts. 58-60, Civil
Code; see also P.D. No. 965, requiring applicants for
marriage license to receive instructions on family planning
and responsible parenthood).
A marriage license is valid in any part of the Philip-
pines, but it shall be good for not more than 120 days
from the date it is issued, and it shall be deemed cancelled
by the expiration of said period if the interested parties
have not made use of it (Art. 65, Civil Code).
When either or both of the contracting parties are
citizens or subjects of a foreign country, it shall be neces-
sary before a marriage license can be obtained to provide
themselves with a certificate of legal capacity to contract
Arts. 52-71 PERSONS 77
Title III. Marriage
Foreign Marriages
Article 71 of the Civil Code provides:
“All marriages performed outside the Philip-
pines in accordance with the laws in force in the
country where they were performed, and valid there
as such, shall also be valid in this country, except
bigamous, polygamous, or incestuous marriages as
determined by Philippine law.”
Although quasi-incestuous marriages under Article
82 of the Code were not excepted along with bigamous
and incestuous marriages, the third paragraph of Article
17 of the same Code — providing that “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 judg-
ments promulgated, or by determinations or conventions
agreed upon, in a foreign country” — may still render
such marriages of extremely doubtful validity.
Presumption of Marriage
A man and a woman deporting themselves as
husband and wife are prima facie presumed to have
entered into a lawful contract of marriage (Rule 131, Sec.
5[bb], Revised Rules of Court; Vda. De Labuca vs.
Workmen’s Compensation Commission, 77 SCRA 331;
78 CIVIL LAW Arts. 72-74
The Civil Code of the Philippines
Chapter 2
Marriages of Exceptional Character
Chapter 3
Void and Voidable Marriages
Defective Marriages
The defective marriages under the Code are either
void or voidable.
A. Void Marriages
Under Article 80 of the Civil Code, the following
marriages have been declared void from the beginning:
(1) Those contracted by the male and the
female below the ages of sixteen and fourteen years,
respectively, even with the consent of the parents;
(2) Those solemnized by a person who is not
legally authorized to perform marriages;
(3) Those solemnized without a marriage
license, except in certain marriages of exceptional
character;
(4) Bigamous or polygamous marriages not
falling under Article 83, number 2, of the Code;
88 CIVIL LAW Arts. 80-91
The Civil Code of the Philippines
B. Voidable Marriages
A voidable marriage is valid until it is judicially
annulled. Such a marriage may be annulled for any cause
existing at the time of the marriage, to wit:
90 CIVIL LAW Arts. 80-91
The Civil Code of the Philippines
Insanity
Insanity, as a vice of consent in marriage, should
exist at the time of marriage. To be of “unsound mind,”
there must be a manifestation, in language or conduct, of
disease or defect of the brain, or more or less permanently
diseased or disordered condition of the mentality,
functional or organic, and characterized by perversion,
92 CIVIL LAW Arts. 80-91
The Civil Code of the Philippines
Impotency
Impotency indicates a physical incapability of
entering into the marriage state, as distinguished from
sterility which is (not a ground for annulling a marriage)
merely an inability to procreate (Menciano vs. San Jose,
89 Phil. 63).
Fraud
Fraud is confined to the following instances:
(1) misrepresentation as to the identity of one
of the contracting parties;
(2) non-disclosure of the previous conviction of
the other party of a crime involving moral turpitude,
and the penalty imposed was imprisonment for two
years or more; and
(3) concealment by the wife of the fact that at
the time of the marriage, she was pregnant by a man
other than her husband (Art. 86, Civil Code).
No other misrepresentation or deceit as to character,
rank, fortune or chastity would constitute such fraud as
could give grounds for action for the annulment of
marriage (Ibid.).
The enumeration of the circumstances of fraud under
Article 86 of the Code are exclusive (Anaya vs. Palaroan,
Arts. 80-91 PERSONS 93
Title III. Marriage
Statute of Limitations
The action for annulment must be commenced within
the periods fixed by the Code. Thus —
(1) For causes mentioned in number 1 of Article
85, by the party whose parent or guardian did not
give his or her consent, within four years after
attaining the age of twenty or eighteen years, as the
case may be; or by the parent or guardian or person
having legal charge, at any time before such party
has arrived at the age of twenty or eighteen years;
(2) For causes mentioned in number 2 of
Article 85, by the spouse who has been absent, during
his or her lifetime; or by either spouse of the
subsequent marriage during the lifetime of the other;
(3) For causes mentioned in number 3 of Article
85, by the sane spouse, who had no knowledge of the
other’s insanity; or by any relative or guardian of
the party of unsound mind, at any time before the
death of either party;
(4) For causes mentioned in number 4, by the
injured party, within four years after the discovery
of the fraud;
(5) For causes mentioned in number 5, by the
injured party, within four years from the time the
force or intimidation ceased;
(6) For causes mentioned in number 6, by the
injured party, within eight years after marriage (Art.
87, Civil Code).
94 CIVIL LAW Arts. 80-91
The Civil Code of the Philippines
Chapter 4
Authority to Solemnize Marriages
99
100 CIVIL LAW Arts. 101-105
The Civil Code of the Philippines
2. Procedure
The procedure, briefly, for legal separation may be
stated thusly:
(a) Filing of a petition for legal separation with the
court of competent jurisdiction by the innocent party. — If
the ground for legal separation has occurred outside the
Philippines, the complainant must have resided in the
Philippines for at least one year prior to the filing of the
petition; this residence requirement does not apply if the
cause for the legal separation has taken place within the
country (Art. 99, Civil Code).
An action for legal separation should be filed within
one year from and after the date on which the complainant
became cognizant of the cause and within five years from
and after the date when such cause had occurred (Art.
102, Civil Code).
(b) Responsive pleading, if the petition is opposed,
is filed. — In case of non-appearance of the defendant,
the court shall order the prosecuting attorney to inquire
whether or not a collusion between the parties exist. If
there is no collusion, the prosecuting attorney shall
intervene for the State in order to take care that the
evidence for the plaintiff is not fabricated (Art. 101, Civil
Code).
(c) Hearing. — The case shall in no case be tried
within six (6) months from the filing of the petition (Art.
103, Civil Code) in order to afford the parties a “cooling-
off period.”
(d) Decision. — A decision, either granting or deny-
ing a decree for legal separation, is rendered.
104 CIVIL LAW Arts. 97-108
The Civil Code of the Philippines
3. Effects
a. During the proceedings for legal separation. —
(1) After filing of the petition, the spouses shall
be entitled to live separately from each other;
(2) Each of the spouses shall manage their
respective property, but the husband shall continue
to manage the conjugal partnership property, unless
the court deems it proper to appoint an administrator
who shall have the same rights and duties as a
guardian but shall not be allowed to dispose of the
income or of the capital except in accordance with
the orders of the court (Art. 104, Civil Code).
(3) The court shall make provision for the care
of the minor children in accordance with the circums-
tances, and it may order the conjugal partnership
property or the income therefrom to be set aside for
their support; in default thereof, said minor children
shall be cared for in conformity with the provisions
of the Code but the court shall abstain from making
any order in this respect in case the parents have, by
mutual agreement, made provision for the care of
said minor children and these are, in the judgment
of the court, well cared for (Art. 105, Civil Code).
b. After the decree of legal separation. —
(1) The spouses shall be entitled to live
separately from each other, but the marriage bonds
shall not be severed;
(2) The conjugal partnership of gains or the
absolute conjugal community of property shall be
dissolved and liquidated; the offending spouse shall
have no right to any share of the profits earned by
the partnership or community, without prejudice to
the provisions of Article 176 (infra.);
(3) The custody of the minor children shall be
awarded to the innocent spouse, unless otherwise
Arts. 97-108 PERSONS 105
Title IV. Legal Separation
106
Arts. 114-116 PERSONS 107
Title V. Rights and Obligations Between Husband and Wife
The Husband
a. The husband shall fix the residence of the family,
but the court may exempt the wife from living with him if
he should live abroad unless in the service of the Republic
(Art. 109, Civil Code), or if he maltreats the wife (Arroyo
vs. Arroyo, 42 Phil. 54), demands immoral practices (Goitia
Arts. 109-117 PERSONS 109
Title V. Rights and Obligations Between Husband and Wife
Chapter 1
General Provisions
112
Arts. 121-125 PERSONS 113
Title VI. Property Relations Between Husband and Wife
Marriage Settlements
The spouses may agree upon the property regime
that they may wish to govern during the marriage. The
marriage settlements may provide for, but may not be
limited to, an absolute or relative community, or upon a
complete separation, of property. In the absence of such
ante-nuptial agreement, the provisions of the Civil Code
on relative community or conjugal partnership of gains
shall govern their property relationship (Art. 119, Civil
Code). A community of property regime, whether absolute
or relative, remains in effect until the marriage is dissolved
or a judicial separation of property is decreed by the
courts (Art. 121 and Art. 191, Civil Code).
In order to be valid, marriage settlements, or any
modification or change thereof, must be executed before
the celebration of the marriage. Marriage settlements
executed during the marriage are void (Quintana vs.
Lerma, 24 Phil. 285). The form of the marriage settlements
is governed by the Statute of Frauds (to be in writing),
Arts. 126-128 PERSONS 115
Title VI. Property Relations Between Husband and Wife
Chapter 2
Donations by Reason of Marriage
Chapter 3
Paraphernal Property
Chapter 4
Conjugal Partnership of Gains
Section 1 — General Provisions
In Common-Law Relationships
The law establishes a special and limited co-
ownership between a common-law husband and a
common-law wife. Unlike that of the conjugal partnership
of gains, the fruits of separate property of the common-
law spouses remain exclusive and the co-ownership is
confined merely to the income derived from their work or
industry. Article 144 of the Civil Code provides:
“When a man and a woman live together as
husband and wife, but they are not married, or their
Arts. 142-160 PERSONS 129
Title VI. Property Relations Between Husband and Wife
the part of the wife, the view that the contract is unen-
forceable appears to be the more accurate description of
the agreement (see Art. 1403, Civil Code) unless the sale
involves land or any interest therein that renders the
contract void (Art. 1874, Civil Code).
In the following cases the wife may bind the conju-
gal partnership:
(1) When the husband consents (Art. 172, Civil
Code);
(2) For daily expenses of the family (Art. 115, Civil
Code);
(3) Moderate donations for charity (Art. 174, Civil
Code); and
(4) When the wife is the administratrix of the
conjugal partnership of gains. The administration of the
conjugal partnership of gains may be vested in the wife
under the marriage settlement (Art. 190, Civil Code), or
by express authority of the husband embodied in a public
instrument (Art. 168, Civil Code), or by a court order
(Art. 196, Civil Code).
Upon petition of the wife, the administration of all
classes of property in the marriage may be transferred to
her by the courts —
(1) When she becomes the guardian of her husband;
(2) When she asks for the declaration of his absence;
(3) In case of civil interdiction of the husband;
(4) If the husband should become a fugitive from
justice or be in hiding as a defendant in a criminal case;
(5) If, being absolutely unable to administer, he
should have failed to provide for administration (Art. 196,
Civil Code); or
(6) If the husband abandons the wife without just
cause for at least one year (Art. 178).
Arts. 175-178 PERSONS 137
Title VI. Property Relations Between Husband and Wife
Chapter 5
Separation of Property of the Spouses
and Administration of Property by the Wife
During the Marriage
Chapter 6
System of Absolute Community
Chapter 7
System of Complete Separation of Property (n)
Chapter 1
The Family as an Institution
151
152 CIVIL LAW Arts. 216-222
The Civil Code of the Philippines
Chapter 2
The Family Home
Section 1 — General Provisions
Art. 223. The family home is the dwelling house
where a person and his family reside, and the land on
which it is situated. If constituted as herein provided,
the family home shall be exempt from execution, forced
sale or attachment, except as provided in Articles 232
and 243.
Art. 224. The family home may be established
judicially or extrajudicially.
The family home shall inure to the benefit of: (a) the
person establishing the same; (b) his or her spouse; and
(c) his or her parents, ascendants, descendants, brothers
and sisters, whether the relationship be legitimate or
otherwise, who are living in the family home and who
depend upon him for support (Art. 226, Civil Code). The
family home may not be sold, alienated or encumbered
without the consent of the other spouse and the approval
of the court. In case of sale, the price of such portion
thereof as the court may determine shall be used in
acquiring and constituting a family home. Any sum
obtained through an encumbrance may only be used in
the interest of the beneficiaries. Under no circumstances
may the family home be donated as long as there are
beneficiaries. (Art. 235, Civil Code).
Chapter 3
The Family Council (n)
Chapter 1
Legitimate Children
164
Arts. 255-259 PERSONS 165
Title VIII. Paternity and Filiation
Legitimate Children
The law, unlike the Family Code, does not declare,
but merely establishes presumptions of, legitimacy (or
illegitimacy), thus —
a. A child born within 180 days following the
celebration of the marriage is prima facie presumed to be
legitimate. Such a child is conclusively presumed to be
legitimate —
(1) If the husband, before the marriage, knew
of the pregnancy of the wife;
(2) If he consented, being present, to the
putting of his surname on the record of birth;
(3) If he expressly recognizes the child as his
own (Art. 258; Civil Code).
b. A child born after 180 days following the
celebration of the marriage, and before 300 days follow-
ing its dissolution or the separation of the spouses is
168 CIVIL LAW Arts. 255-264
The Civil Code of the Philippines
Chapter 2
Proof of Filiation of Legitimate Children
Chapter 3
Legitimated Children
Legitimated Children
Only natural children can be legitimated. Natural
children are those born outside wedlock of parents who,
at the time of conception of the former, were not dis-
qualified by an impediment to marry each other (Art.
269, Civil Code). Legitimation takes place by the
subsequent marriage between said parents (Art. 270, Civil
Code).
In order that such legitimation can take place, the
natural children must have been recognized by both
parents, or have been declared natural children by final
judgment, before or after the celebration of the marriage.
If a natural child is recognized, or judicially declared as
natural, such recognition or declaration is extended to
his or her brothers or sisters of the full blood. The consent
of the latter shall be implied if they do not impugn the
recognition during 4 years from the time of such
recognition or, in case they are minors, within 4 years
following their attainment of the age of majority (Art.
271, Civil Code). When legitimation occurs, its effects
shall retroact to the child’s birth (Art. 273, Civil Code).
Legitimated children shall enjoy the same rights as
legitimate children (Art. 272, Civil Code), including those
who die before the celebration of the marriage, which
benefits shall inure to their descendants (Art. 274, Civil
Code).
The provisions of Article 269 and Article 271 of the
Civil Code, in a literal sense, appear to limit legitimation
in favor of acknowledged natural children or those who
by law have been declared natural children by final judg-
ment. Considering, however, that natural children by le-
gal fiction (such as those born of void marriages because
the parents suffer from an impediment to marry) are
expressly given the same status, rights and obligations
as acknowledged natural children (Art. 89, Civil Code),
and because all doubts should be resolved in favor of the
child, it is submitted that the rules on legitimation should
likewise extend to such children.
174 CIVIL LAW Arts. 269-275
The Civil Code of the Philippines
Chapter 4
Illegitimate Children
Illegitimate Children
Illegitimate children (or those born outside wedlock
of the parents), other than natural children by legal fic-
tion, do not have rights with regard to their parents un-
less they are acknowledged or recognized (Irene Reyes vs.
Court of Appeals, 135 SCRA 439; the 1958 decision in
Zuzuarregui vs. Zuzuarregui [103 Phil. 346] has since
been overturned; see Divinagracia vs. Rovira, 72 SCRA
307). The father and the mother jointly, or only one of
them, may recognize a natural child or a spurious child
(Art. 276, Civil Code). In case only one parent should
recognize the child, the latter is presumed to be natural if
the recognizing parent had legal capacity to contract mar-
riage at the time of conception (Art. 227, Civil Code).
The acknowledgment or recognition of illegitimate
children may be (a) voluntary, (b) legal, or (c) compulsory.
178 CIVIL LAW Arts. 276-289
The Civil Code of the Philippines
Code, as between the child and the mother; (2) when the
birth and the identity of the child are clearly proved (Art.
284, Civil Code).
The action for the recognition of natural children
may be brought only during the lifetime of the presumed
parents, except in the following cases:
(1) If the father or mother died during the minority
of the child, in which case the latter may file the action
before the expiration of four years from the attainment of
his majority;
(2) If after the death of the father or of the mother,
a document should appear of which nothing had been
heard and in which either or both parents recognize the
child. In this case, the action must be commenced within
four years from the finding of the document (Art. 285,
Civil Code).
Unlike an action to claim legitimacy which lasts
during the lifetime of the child (Art. 268, Civil Code) and
may exceptionally pass to the heirs of the child (such as
when the latter dies a minor or during a state of insanity),
an action to claim acknowledgment, however, may be
brought only during the lifetime of the presumed par-
ents, subject to the exceptions under Article 285 (supra.),
and in no event does that right pass to the heirs of the
child (Conde vs. Abaya, 13 Phil. 249; Banas vs. Banas,
134 SCRA 260; Clemeña vs. Clemeña, 24 SCRA 720). The
requirement that the action be filed during the lifetime of
the alleged parent is to prevent illegitimate children, on
account of strong temptations to large estates left by
dead persons, to claim part of the property without giving
the alleged parent personal opportunity to be heard
(Cenido vs. Apacionado, 115 SCAD 798, 318 SCRA 688).
In compulsory recognition, as distinguished from the
voluntary and legal acknowledgments, it may be essential,
unless the presumed parents would ultimately agree to
make the recognition under the provisions of Article 278
184 CIVIL LAW Arts. 276-289
The Civil Code of the Philippines
186
Arts. 292-295 PERSONS 187
Title IX. Support
194
Arts. 305-310 PERSONS 195
Title X. Funerals
Chapter 1
General Provisions
196
Arts. 314-319 PERSONS 197
Title XI. Parental Authority
Chapter 2
Effect of Parental Authority Upon the Persons
of the Children
Chapter 3
Effect of Parental Authority on the Property
of the Children
Chapter 4
Extinguishment of Parental Authority
Adventicios Ordinarios
The property which the unemancipated child has
acquired or may acquire with his work or industry, or by
any lucrative title, belongs to the child in ownership, and
in usufruct to the father or mother under whom he is
under parental authority and in whose company he lives;
but if the child, with parent’s consent, should live inde-
pendently from them, he shall be considered as emanci-
pated for all purposes relative to said property, and he
202 CIVIL LAW Arts. 311-333
The Civil Code of the Philippines
Profecticios
Whatever the child may acquire with the capital or
property of the parents belongs to the latter in ownership
and in usufruct, but if the latter should expressly grant
him all or part of the profits that he may obtain, such
profits shall not be charged against his legitime (Art.
324, Civil Code).
Adventicios Extraordinarios
The property or income donated, bequeathed or
devised to the unemancipated child for the expenses of
his education and instruction shall pertain to him in own-
ership and usufruct; but the father or mother shall ad-
minister the same if in the donation or testamentary
provision the contrary has not been stated (Art. 325, Civil
Code).
Chapter 5
Adoption
Decree of Adoption
If the court is satisfied that the petitioner in adop-
tion proceedings is qualified to maintain, care for, and
educate the child, that the trial custody period has been
Arts. 334-348 PERSONS 209
Title XI. Parental Authority
Effects of Adoption
(1) Give to the adopted person the same rights and
duties as if he were a legitimate child of the adopter, but
the adopted does not acquire Philippine citizenship by
virtue of such adoption;
(2) Dissolve the authority vested in the natural par-
ent or parents, except where the adopter is the spouse of
the surviving natural parent;
(3) Entitle the adopted person to use the adopter’s
surname; and
(4) Make the adopted person a legal heir of the
adopter; Provided, however, That if the adopter is survived
by his legitimate parents or ascendants and by an adopted
person, the latter shall not have more successional rights
than an acknowledged natural child.
The adopter shall not be a legal heir of the adopted
person, whose parents by nature shall inherit from him,
except that if the latter are both dead, the adopting parent
or parents take the place of the natural parents in the
line of succession, whether testate or intestate (Art. 39,
P.D. No. 603).
Evidently, the adopted child does not, in the main,
lose his rights and obligations as regards his natural
relations.
Reversion Adoptiva
Any property received gratuitously by the adopted
from the adopter shall revert to the adopter should the
210 CIVIL LAW Arts. 334-348
The Civil Code of the Philippines
Chapter 6
Substitute Parental Authority
214
Arts. 359-362 PERSONS 215
Title XII. Care and Education of Children
218
Arts. 364-380 PERSONS 219
Title XIII. Use of Surnames
Of children
Legitimate and legitimated children shall principally
use the surname of the father (Art. 364, Civil Code; see
220 CIVIL LAW Arts. 364-380
The Civil Code of the Philippines
also Art. 174, Family Code; Padilla vs. Republic, 113 SCRA
789). An adopted child shall bear the surname of the
adopter (Art. 365, Civil Code; see Art. 189, Family Code).
Under the Civil Code, a natural child acknowledged
by both parents should principally use the surname of
the father. If recognized by only one of the parents, a
natural child should employ the surname of the
recognizing parent (Art. 366, Civil Code). Natural children
by legal fiction would principally employ the surname of
the father (Art. 367, Civil Code). Illegitimate children,
who were not natural, would bear the surname of the
mother (Art. 368, Civil Code; Batbatan vs. Civil Register,
118 SCRA 745). The Family Code now provides that
illegitimate children without distinction shall use the
surname of the mother (Art. 176, Family Code). This is
the rule regardless of whether the father admits or denies
paternity (Mossesgeld vs. Court of Appeals, 101 SCAD
928, 300 SCRA 464).
Children conceived before the decree annulling a
voidable marriage shall principally use the surname of
the father (Art. 369, Civil Code).
Of Married Women
The accepted rule is that a person may only use his
own name and surname. One exception involves a married
woman. When a woman marries, the law mandates, in
brief outline, thusly —
A. During the existence of the marriage, she may choose
to use any of the following names:
(1) Her maiden first name and surname and add
her husband’s surname, or
(2) Her maiden first name and husband’s surname,
or
(3) Her husband’s full name but must prefix a word
indicating that she is his wife (Art. 370, Civil
Code).
Arts. 364-380 PERSONS 221
Title XIII. Use of Surnames
Chapter 1
Provisional Measures In Case of Absence
Chapter 2
Declaration of Absence
224
Arts. 385-389 PERSONS 225
Title XIV. Absence
Chapter 3
Administration of the Property of the Absentee
Art. 387. An administrator of the absentee’s
property shall be appointed in accordance with Article
383. (187a)
Art. 388. The wife who is appointed as an
administratrix of the husband’s property cannot alienate
or encumber the husband’s property, or that of the
conjugal partnership, without judicial authority. (188a)
Art. 389. The administration shall cease in any of
the following cases:
(1) When the absentee appears personally or by
means of an agent;
(2) When the death of the absentee is proved
and his testate or intestate heirs appear;
(3) When a third person appears, showing by a
proper document that he has acquired the absentee’s
property by purchase or other title.
In these cases, the administrator shall cease in the
performance of his office, and the property shall be at
226 CIVIL LAW Arts. 390-393
The Civil Code of the Philippines
Chapter 4
Presumption of Death
Art. 390. After an absence of seven years, it being
unknown whether or not the absentee still lives, he
shall be presumed dead for all purposes, except for
those of succession.
The absentee shall not be presumed dead for the
purpose of opening his succession till after an absence
of ten years. If he disappeared after the age of seventy-
five years, absence of five years shall be sufficient in
order that his succession may be opened. (n)
Art. 391. The following shall be presumed dead
for all purposes, including the division of the estate
among the heirs:
(1) A person on board a vessel lost during a sea
voyage, or an aeroplane which is missing, who has not
been heard of for four years since the loss of the vessel
or aeroplane;
(2) A person in the armed forces who has taken
part in war, and has been missing for four years;
(3) A person who has been in danger of death
under the other circumstances and his existence has
not been known for four years. (n)
Art. 392. If the absentee appears, or without
appearing his existence is proved, he shall recover his
property in the condition in which it may be found, and
the price of any property that may have been alienated
or the property acquired therewith; but he cannot claim
either fruits or rents. (194)
Chapter 5
Effect of Absence Upon the Contingent Rights
of the Absentee
Art. 393. Whoever claims a right pertaining to a
person whose existence is not recognized must prove
Arts. 381-396 PERSONS 227
Title XIV. Absence
both the absentee himself and his heirs (see Arts. 393-
394, Civil Code, and the Law on Succession, infra.).
Eastern Shipping Lines, Inc. vs. Lucera (124 SCRA
425) has ruled that the presumption of death under Article
391 of the Civil Code must yield to the rule on
preponderance of evidence. Accordingly, where there is
an ample evidence to show that a vessel has encountered
bad weather, that the master of said vessel has sent radio
messages notifying the shipowner of the emergency and
asking for assistance, and thereafter the vessel could not
be found despite diligent search, the men on board who
have disappeared with the vessel must be held to have
died during the incident without having to await the
four-year period under the law.
If the absentee appears, or without appearing his
existence is proved, he shall recover his property in the
condition in which it may be found and the price of any
property that may have been alienated or the property
acquired therewith; but he cannot claim either fruits or
rents meanwhile accruing (Art. 392, Civil Code). Those
who may have entered upon the inheritance shall
appropriate the fruits received in good faith so long as
the absentee does not appear, or while his representatives
or successors-in-interest do not bring the proper actions
(Art. 396, Civil Code).
231
Chapter 1
Emancipation
231
232 CIVIL LAW Arts. 397-406
The Civil Code of the Philippines
Chapter 2
Age of Majority
Art. 402. Majority commences upon the attainment
of the age of twenty-one years.
The person who has reached majority is qualified
for all acts of civil life, save the exceptions established
by this Code in special cases. (320a)
Art. 403. Notwithstanding the provisions of the
preceding article, a daughter above twenty-one but below
twenty-three years of age cannot leave the parental home
without the consent of the father or mother in whose
company she lives, except to become a wife, or when
she exercises a profession or calling, or when the father
or mother has contracted a subsequent marriage. (321a)
Art. 404. An orphan who is minor may, at the
instance of any relative or other person, obtain
emancipation by concession upon an order of the Court
of First Instance. (322a)
Art. 405. For the concession and approval referred
to in the preceding article, it is necessary:
(1) That the minor be eighteen years of age;
(2) That he consent thereto; and
(3) That the concession be deemed convenient
for the minor.
The concession shall be recorded in the Civil
Register. (323a)
Art. 406. The provisions of Article 399 are applicable
to an orphan who has been emancipated according to
Article 404. The court will give the necessary approval
with respect to the contracts mentioned in Article 399.
In litigations, a guardian ad litem for the minor shall be
appointed by the court. (324a)
233
234 CIVIL LAW Arts. 407-413
The Civil Code of the Philippines
TITLE I. MARRIAGE
Concept of Marriage
239
240 CIVIL LAW Art. 1
The Family Code of the Philippines
Presumption of Marriage
A man and a woman deporting themselves as hus-
band and wife are prima facie presumed to have entered
into a lawful contract of marriage (Rule 131, Sec. 3, Re-
vised Rules of Court; Rivera vs. Intermediate Appellate
Court, 182 SCRA 322; Vda. de Labuca vs. Workmen’s Com-
pensation Commission, 77 SCRA 31; Alavado vs. City
Government of Tacloban, 139 SCRA 230), but other attend-
ant circumstances to the contrary may offset that pre-
sumption (see Fernandez vs. Puatu, et al., 102 Phil. 363).
256 CIVIL LAW Art. 26
The Family Code of the Philippines
Effect on Children
Children conceived or born of void marriages are
illegitimate; children, however, of void marriages under:
(a) Article 36 (due to psychological incapacity) and (b)
Article 53, in relation to Article 52 (due to failure of parti-
266 CIVIL LAW Arts. 35-38
The Family Code of the Philippines
Insanity
Insanity, as a vice of consent in marriage, should
exist at the time of marriage. There must be, to be of
“unsound mind,” a manifestation, in language or con-
duct, of disease or defect of the brain, or more or less
permanently diseased or disordered condition of the men-
tality, functional or organic, characterized by perversion,
inhibition, of disordered function of the sensory or of the
intellective faculties, or by impaired or disordered voli-
tion (see Engle vs. Doe, 47 Phil. 753; see also Menciano
vs. Neri San Jose, 89 Phil. 63). If, however, the mental
disorder is of such degree and permanence as to qualify it
to one of “psychological incapacity” within the meaning
of Article 36 of the Code, then the marriage would not
merely be voidable but void ab initio.
Impotency
Impotency indicates a physical incapability of a party
in consummating the marriage with the other as distin-
guished from sterility (not a ground for annulling a mar-
riage) which is merely an inability to procreate (see
Menciano vs. Neri San Jose, 89 Phil. 63).
Fraud
The enumeration of the circumstances of fraud un-
der Article 46 are exclusive and restrictive (see Anaya vs.
Palaroan, 36 SCRA 97). It has been held that one can
hardly seek for an annulment on the ground of conceal-
ment of pregnancy where the woman at the time of the
marriage is in an advanced state of family way (Buccat
vs. Buccat, 72 Phil. 19; Aquino vs. Delizo, 109 Phil. 21).
The concealment of a sexually-transmitted disease
constitutes fraud “regardless of its nature.” If such fact is
not concealed, the marriage can still be annulled under
Article 45, paragraph (6), of the Family Code if the sexu-
ally-transmitted disease is found to be serious and ap-
pears to be incurable.
288
Art. 55 PERSONS 289
Title II. Legal Separation
Grounds
The Civil Code confined the grounds for legal
separation to only (1) adultery on the part of the wife or
concubinage on the part the husband and (2) an attempt
by one spouse against the life of the other (Art. 97, Civil
290 CIVIL LAW Art. 56
The Family Code of the Philippines
filed with the court with copies to the creditors. The court,
after hearing, shall issue an order conformably with the
agreement but providing for such safeguards as would
protect the interest of creditors. The order of the court
shall be recorded in the proper registries of property which
will not, however, prejudice creditors not notified unless
the spouse-debtor has sufficient separate property to sat-
isfy their claims.
298 CIVIL LAW
The Family Code of the Philippines
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. (110a)
Art. 70. The spouses are jointly responsible for
the support of the family. The expenses for such sup-
port 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 their
separate properties. (111a)
Art. 71. The management of the household shall
be the right and duty of both spouses. The expenses
298
Arts. 69-73 PERSONS 299
Title III. Rights and Obligations Between Husband and Wife
302
Arts. 77-81 PERSONS 303
Title IV. Property Relations Between Husband and Wife
the Family Code (see also Arts. 97, 100, and 102, Family
Code; the solidary liability of the spouses has abandoned
the Civil Code rule in National Bank vs. Quintos, 46 Phil.
370).
(b) The exclusive property of the spouses, less any
assumed community liability, shall be delivered to each of
them.
(c) The net assets of the community property, if any,
shall be divided equally between the spouses, unless a
different sharing has been agreed upon in the marriage
settlement or there has been valid waiver (see Art. 89, in
relation to Art. 77, Family Code) by any of the spouses,
but subject to the forfeiture of the share of net profits on
the part of a guilty spouse in case the regime is dissolved
because of the termination of a subsequent marriage (Art.
43, Family Code), the annulment or the declaration of
nullity of marriage (Art. 50, in relation to Art. 43, Family
Code); or legal separation (Art. 63, Family Code). The
term “net profits” is defined to mean “the increase in
value between the market value of the community
property at the time of the celebration of the marriage
and the market value at the time of its dissolution” (Art.
102, Family Code).
(d) In the annulment or declaration of nullity of a
marriage, the presumptive legitimes of the common child-
ren shall also be delivered upon partition pursuant to
Article 51, correlated to Article 59 of the Family Code
(see also Arts. 50 and 52, in relation to Art. 102, Family
Code).
In the partition, the conjugal dwelling and the lot on
which it stands shall be adjudicated, unless otherwise
agreed upon by the parties, to the spouse with whom the
majority of the common children choose to remain, fail-
ing in which the court shall decide the matter, taking into
consideration the best interest of the children. Children
below seven years of age shall be deemed to have chosen
the mother unless the court decides otherwise (Art. 102,
Family Code).
Arts. 105-108 PERSONS 327
Title IV. Property Relations Between Husband and Wife
Padilla vs. Paterno (96 Phil. 884), it was ruled that the
conversion of the land from exclusive to conjugal prop-
erty was subject to the suspensive condition that its value
would be reimbursed at the time of the liquidation of the
conjugal partnership. Under this view, the loss of the
building before such liquidation would not permit the
conversion to take place (see also Coingco vs. Flores, 84
Phil. 284). In Maramba vs. Lozano (20 SCRA 474), the
Supreme Court held that prior to the liquidation and
payment of the lot, “the conjugal partnership may use
the land and building, but it does, not as owner but as
usufructuary” since the ownership of the land is un-
changed (no conversion) until the value thereof is paid
which “can only be demanded in the liquidation of the
partnership.” In Caltex (Phil.), Inc. vs. Felias (108 Phil.
873), the Supreme Court ruled that the building must
have been constructed at the time when one of the spouses
is the owner of the land and not when it was acquired
after such construction. In Calimlim-Canullas vs. Fortun
(129 SCRA 675), where the land was inherited by the
husband after the building was already constructed
thereon, the Supreme Court said —
“We hold that pursuant to the foregoing provi-
sions (Art. 158, Civil Code), both the land and the
building belong to the conjugal partnership but the
conjugal partnership is indebted to the husband for
the value of the land. The spouse owning the land
becomes a creditor of the conjugal partnership for the
value of the lot, which value would be reimbursed at
the liquidation of the conjugal partnership.”
This later pronouncement would appear to be in keep-
ing not only with the spirit and intendment, but also with
the literal meaning, of then Article 158. By operation of
law and the actual occupancy of the property (equivalent
to delivery by the consenting spouse), both recognized
modes of acquiring ownership (Art. 712, Civil Code), the
land would become conjugal upon the concurrence of the
two conditions set by law, i.e., the construction of the
338 CIVIL LAW Art. 121
The Family Code of the Philippines
364
Arts. 149-151 PERSONS 365
Title V. The Family
373
374 CIVIL LAW Arts. 163-166
The Family Code of the Philippines
399
400 CIVIL LAW Arts. 184-186
The Family Code of the Philippines
The law was silent when both spouses were of the same
nationality.
The Family Code has resolved any possible uncer-
tainty. Article 185 thereof now expresses the necessity for
a joint adoption by the spouses except in only two in-
stances —
(1) When one spouse seeks to adopt his own ille-
gitimate child; or
(2) When one spouse seeks to adopt the legitimate
child of the other.
It is the foregoing cases when Article 186 of the Code,
on the subject of parental authority, can aptly find gov-
ernance.
“Article 186. In case husband and wife jointly
adopt or one spouse adopts the legitimate child of
the other, joint parental authority shall be exercised
by the spouses in accordance with this Code.’’
Adoption creates a status that is closely assimilated
to legitimate paternity and filiation with corresponding
rights and duties that necessarily flow from adoption,
such as, but not necessarily confined to, the exercise of
parental authority, use of surname of the adopter by the
adopted, as well as support and successional rights. These
are matters that obviously cannot be considered inconse-
quential to the parties. (See Republic vs. Spouses Hughes,
G.R. No. 100835, 26 October 1993, 227 SCRA 401).
As a matter of public policy, the law does not allow
an adoption by —
(1) A guardian as regards the ward pending the
approval of the final accounting upon the termination of
the guardianship;
(2) A convict of a crime involving moral turpitude;
or
(3) An alien, except: (a) when he or she used to be a
Filipino citizen who seeks to adopt a relative by consangui-
404 CIVIL LAW Art. 189
The Family Code of the Philippines
Domestic Adoption
Significantly, Philippine adoption is now also gov-
erned by Republic Act No. 8552 (Domestic Adoption Act of
1998) and Republic Act No. 8043 (Inter-Country Adoption
Act of 1995).
Under Domestic Adoption Act, the following may
adopt: (a) any Filipino citizen of legal age, in possession
of full civil capacity and legal rights, of good moral char-
acter, has not been convicted of any crime involving moral
turpitude, emotionally and psychologically capable of car-
ing for children, at least sixteen (16) years older than the
adoptee, and who is in a position to support and care for
his/her children in keeping with the means of the family;
(b) any alien possessing the same qualifications as pro-
412 CIVIL LAW Arts. 191-193
The Family Code of the Philippines
Inter-Country Adoption
The Inter-Country Adoption Act of 1995 (Republic Act
No. 8043) came into being pursuant to Article 184 of the
Family Code that supports the adoption of rules on inter-
country adoption. Under Republic Act No. 8043, only a
“legally-free child” may be the subject of inter-country
adoption (Sec. 8, R.A. No. 8043). The term “legally-free
child” refers to a child who has been voluntarily or invol-
untarily committed to the Department of Social Welfare
and Development or “DSWD” (Sec. 3[f], ibid.). Any alien
or a Filipino citizen permanently residing abroad may file
an application for inter-country adoption if the person
seeking such adoption: (a) is at least twenty-seven (27)
years of age and at least sixteen (16) years older than the
child to be adopted, at the time of application unless the
adopter is the parent by nature of the child to be adopted
or the spouse of such parent; (b) if married, his/her spouse
jointly file for the adoption; (c) has the capacity to act and
assume all rights and responsibilities of parental author-
ity under his national laws, and has undergone the
appropriate counseling from the accredited counselor in
416 CIVIL LAW Arts. 191-193
The Family Code of the Philippines
418
Arts. 196-199 PERSONS 419
Title VIII. Support
425
426 CIVIL LAW Arts. 209-215
The Family Code of the Philippines
living with the parents (Tamargo vs. CA, 209 SCRA 948;
Libi vs. IAC, 214 SCRA 17).
Under paragraph (1) of Article 2180 of the Civil Code,
the liability of parents covers “damages caused by the
minor children who live in their company.” In Elcano vs.
Hill (77 SCRA 98), the Supreme Court held liable a fa-
ther for a quasi-delict committed by his emancipated (by
marriage) minor son since the latter was still living with
and getting subsistence from the father, but the child
being already emancipated, that liability was ruled to be
merely subsidiary. It may be noted, however, that the
accountability of parents for the culpable act or negli-
gence of their children is predicated on the former’s
responsibility under a relationship of patria potestas
(Article 221 of the Family Code).
Republic Act No. 6809, reducing from 21 years to 18
years the age of majority, has nonetheless provided that
such change shall not be “construed to derogate from the
duty or responsibility of parents and guardians for chil-
dren and wards below twenty-one years of age mentioned
in the second and third paragraphs of Article 2180 (su-
pra.) of the Civil Code.”
Adventicios
Property acquired by the minor child through work
or industry or by onerous or gratuitous title shall belong
to the child in ownership and shall be devoted exclusively
for his support and education, unless the title or transfer
provides otherwise. The fruits and income derived from
such property shall be used primarily for his support and
secondarily for the collective daily needs of the family.
The Civil Code provision allowing the parents to enjoy
usufructuary rights over the property (Art. 321, Civil
Code) has been removed by the Family Code.
Profectios
Under Article 324 of the Civil Code, the income that
a minor child may acquire using the capital or property of
the parents belong in ownership and in usufruct to the
latter but if the parents should expressly grant the child
all or part thereof, the same is not charged to his legi-
time. Under the Family Code, the child, unless he is
granted the full proceeds, is to be given a reasonable
monthly allowance equivalent to an amount not less than
that which the owner would have paid had the manage-
ment or administration of the property been given in-
stead to a stranger. This, too, is not to be charged to his
legitime. (Art. 227, Family Code).
444
Arts. 234-237 PERSONS 445
Title X. Emancipation and Age of Majority
year from birth, (b) his marriage, (c) the recording of the
public instrument containing the agreement executed by
the parent exercising parental authority and the minor
at least eighteen years of age, and (d) the recording of a
judicially-approved agreement between the person exer-
cising parental authority and an orphaned minor (also of
at least eighteen years of age). The emancipation of the
child is final and permanently extinguishes parental au-
thority, except when the marriage or the agreements,
referred to in items (b), (c) and (d) above, are annulled or
declared a nullity in which cases parental authority is
revived but shall not affect acts or transactions that may
have taken place prior to the recording of the final judg-
ment in the Civil Registrar (see Art. 234, 235 and 237,
Family Code).
Emancipation qualifies and holds responsible the
child for all acts of civil life (Art. 236, Family Code), modi-
fying Article 399 of the Civil Code which required an
emancipated minor to still obtain parental consent in bor-
rowing money or alienating or encumbering real property.
The Family Code has also eliminated Article 403 of the
Civil Code which provided that a daughter below twenty
years of age could not leave the parental home, without
the consent of the father or mother in whose company she
lived, except to become a wife or when the parent would
have contracted a subsequent marriage.
The inclusion of the phrase “or declaration of nullity”
of marriage appears to suggest that emancipation takes
place in marriage even if the contract is void. A void
contract is inexistent and without legal consequence ab
initio except in those cases when the law itself explicitly
provides otherwise such as, for instance, Article 40 and
Article 54 of the Family Code (supra.). It is believed,
therefore, that a minor is emancipated by marriage only
when the contract is valid or voidable but not when it is
void. The annulment of the marriage revives parental
authority; the declaration of nullity confirms that such
parental authority has never been lost.
446 CIVIL LAW Arts. 234-237
The Family Code of the Philippines
449
450 CIVIL LAW Arts. 239-243
The Family Code of the Philippines
Art. 254. Titles III, IV, V, VI, VII, VIII, IX, XI and XV of
Book I of Republic Act No. 386, otherwise known as
the Civil Code of the Philippines, as amended, and
Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41 and 42
of the Presidential Decree No. 603, otherwise known
as the Child and Youth Welfare Code, as amended, and
all laws, decrees, executive orders, proclamations, rules
and regulations or parts thereof, inconsistent herewith
are hereby repealed. (n)
Art. 255. If any provision of this Code is held
invalid, all the other provisions not affected thereby
shall remain valid. (n)
Art. 256. This Code shall have retroactive effect
insofar as it does not prejudice or impair vested or
acquired rights in accordance with the Civil Code or
other laws. (n)
Art. 257. This Code shall take effect one year after
the completion of its publication in a newspaper of
general circulation, as certified by the Executive Sec-
retary, Office of the President.
Publication shall likewise be made in the Official
Gazette. (n)
456
Arts. 254-257 PERSONS 457
Title XII. Final Provisions
APPENDICES
462 CIVIL LAW
463
APPENDIX A
463
464 CIVIL LAW
APPENDIX B
464
Secs. 3-4 APPENDIX B 465
Republic Act No. 9048
APPENDIX C
ARTICLE I
GENERAL PROVISIONS
469
470 CIVIL LAW Sec. 3
ARTICLE II
PRE-ADOPTION SERVICES
ARTICLE III
ELIGIBILITY
(c) The guardian with respect to the ward after the termination
of the guardianship and clearance of his/her financial accountabilities;
Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter
of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/
daughter: Provided, however, That the other spouse has signified
his/her consent thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the
illegitimate son/daughter of the other, joint parental authority shall be
exercised by the spouses.
SEC. 8. Who May Be Adopted. — The following may be adopted:
(a) Any person below eighteen (18) years of age who has been
administratively or judicially declared available for adoption;
(b) The legitimate son/daughter of one spouse by the other spouse;
(c) An illegitimate son/daughter by a qualified adopter to improve
his/her status to that of legitimacy;
(d) A person of legal age if, prior to the adoption, said person has
been consistently considered and treated by the adopter(s) as his/her own
child since minority;
(e) A child whose adoption has been previously rescinded; or
(f) A child whose biological or adoptive parent(s) has died:
Provided, That no proceedings shall be initiated within six (6) months
from the time of death of said parent(s).
SEC. 9. Whose Consent is Necessary to the Adoption. — After being
properly counseled and informed of his/her right to give or withhold his/
her approval of the adoption, the written consent of the following to the
adoption is hereby required:
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the legal
guardian, or the proper government instrumentality which has legal
custody of the child;
(c) The legitimate and adopted sons/daughters, ten (10) years of
age or over, of the adopter(s) and adoptee, if any;
(d) The illegitimate sons/daughters, ten (10) years of age or over,
of the adopter if living with said adopter and the latter’s spouse, if any;
and
(e) The spouse, if any, of the person adopting or to be adopted.
474 CIVIL LAW Secs. 10-12
ARTICLE IV
PROCEDURE
ARTICLE V
EFFECTS OF ADOPTION
kind. To this end, the adoptee is entitled to love, guidance, and support in
keeping with the means of the family.
SEC. 18. Succession. — In legal and intestate succession, the
adopter(s) and the adoptee shall have reciprocal rights of succession
without distinction from legitimate filiation. However, if the adoptee and
his/her biological parent(s) had left a will, the law on testamentary
succession shall govern.
ARTICLE VI
RESCISSION OF ADOPTION
ARTICLE VII
VIOLATIONS AND PENALTIES
pesos (P50,000.00), but not more than Two hundred thousand pesos
(P200,000.00) at the discretion of the court shall be imposed on any person
who shall commit any of the following acts:
(i) obtaining consent for an adoption through coercion, undue
influence, fraud, improper material inducement, or other similar
acts;
(ii) non-compliance with the procedures and safeguards
provided by the law for adoption; or
(iii) subjecting or exposing the child to be adopted to danger,
abuse, or exploitation.
(b) Any person who shall cause the fictitious registration of the
birth of a child under the name(s) of a person(s) who is not his/her biological
parent(s) shall be guilty of simulation of birth, and shall be punished by
prision mayor in its medium period and a fine not exceeding Fifty thousand
pesos (P50,000.00).
Any physician or nurse or hospital personnel who, in violation of
his/her oath of office, shall cooperate in the execution of the above-
mentioned crime shall suffer the penalties herein prescribed and also the
penalty of permanent disqualification.
Any person who shall violate established regulations relating to the
confidentiality and integrity of records, documents, and communications
of adoption applications, cases, and processes shall suffer the penalty of
imprisonment, ranging from one (1) year and one (1) day to two (2) years,
and/or a fine of not less than Five thousand pesos (P5,000.00) but not
more than Ten thousand pesos (P10,000.00) at the discretion of the court.
A penalty lower by two (2) degrees than that prescribed for the
consummated offense under this Article shall be imposed upon the
principals of the attempt to commit any of the acts herein enumerated.
Acts punishable under this Article, when committed by a syndicate
or where it involves two (2) or more children shall be considered as an
offense constituting child trafficking and shall merit the penalty of
reclusion perpetua.
Acts punishable under this Article are deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring
and/or confederating with one another in carrying out any of the unlawful
acts defined under this Article. Penalties as are herein provided, shall be
in addition to any other penalties which may be imposed for the same
acts punishable under other laws, ordinances, executive orders, and
proclamations.
When the offender is an alien, he/she shall be deported immediately
after service of sentence and perpetually excluded from entry to the
country.
478 CIVIL LAW Secs. 22-26
ARTICLE VIII
FINAL PROVISIONS
APPENDIX D
480
Sec. 4 APPENDIX D 481
Republic Act No. 8043
APPENDIX E
MALACAÑANG
MANILA
488
Arts. 1-4 APPENDIX E 489
Presidential Decree No. 1083
BOOK ONE
GENERAL PROVISIONS
ART. 5. Proof of Muslim law and ‘ada’. — Muslim law and ‘ada’ not
embodied in this Code shall be proven in evidence as a fact. No ‘ada’ which
is contrary to the Constitution of the Philippines, this Code, Muslim law,
public order, public policy or public interest shall be given any legal effect.
ART. 6. Conflict in Islamic schools of law. — (1) Should there be any
conflict among the orthodox (Sunni) Muslim schools of law (Madhahib),
that which is in consonance with the Constitution of the Philippines, this
Code, public order, public policy and public interest shall be given effect.
(2) The Muslim school of law shall, for purposes of this Code, be
the Hanafi, the Hanbali, the Maliki and the Safi’i.
ART. 7. Definition of terms. — Unless the context otherwise provides:
(a) “Agama Arbitration Council” means a body composed of the
Chairman and a representative of each of the parties to constitute a
council to take all necessary steps for resolving conflicts between them.
(b) “Ada” means customary law.
(c) “General Register” means the General Register of marriages,
divorces, revocation of divorces, conversions and such other deeds or
instruments kept by the Register under this Code.
(d) “Ihram’’ signifies the state of ritual consecration of a person
while on pilgrimage to Mecca.
(e) “Madhhab’’ (plural, Madhahib) means any of the four orthodox
(Sunni) schools of Muslim law.
(f) “Month’’ means a period of thirty days.
(g) “Muslim” is a person who testifies to the oneness of God and
the Prophethood of Muhammad and professes Islam.
(h) “Muslim Law” (Shari’a) refers to all the ordinances and
regulations governing Muslims as found principally in the Qur’an and
the Hadith.
(i) “Muslim Personal Law” includes all laws relating to personal
status, marriage and divorce, matrimonial and family relations, succession
and inheritance, and property relations between spouses as provided for
in this Code.
BOOK TWO
PERSONS AND FAMILY RELATIONS
TITLE I. CIVIL PERSONALITY (SHAKSHIYAH MADANIYA)
is lost only through death. Capacity to act, which is the power to do acts
with legal effect, is acquired and may be lost.
ART. 9. Restrictions on capacity. — The following circumstances,
among others, modify or limit capacity to act: age, insanity, imbecility,
the state of being a deaf-mute, the condition of death-illness (marad-ul-
maut), penalty, prodigality, absence, family relations, alienage, insolvency,
and trusteeship. The consequences of these circumstances are governed
by this Code and other Islamic laws and, in a suppletory manner, by
other laws.
ART. 10. Personality, how acquired. — Birth determines personality;
but the conceived child shall be considered born for all purposes that are
favorable to it, provided it be born alive, however briefly, at the time it is
completely delivered from the mother’s womb.
ART. 11. Extinction of personality. — (1) Civil personality is
extinguished by death. The effect of death upon the rights and obligations
of a deceased person is determined by this Code, by contract, and by will.
(2) After an absence of seven years, it being unknown whether or
not the absentee still lives, he shall be presumed dead.
ART. 12. Simultaneous death. — If, as between two or more persons
who are called to succeed each other, there is a doubt as to which of them
died first, whoever alleges the death of one prior to the other shall prove
the same; in the absence of such proof, it is presumed that they died at
the same time and there shall be no transmission of rights from one to
the other. However, the successional rights of their respective heirs shall
not be affected.
Chapter One
APPLICABILITY CLAUSE
ART. 13. Application. — (1) The provisions of this Title shall apply
to marriage and divorce wherein both parties are Muslims, or wherein
only the male party is a Muslim and the marriage is solemnized in
accordance with Muslim law or this Code in any part of the Philippines.
(2) In case of a marriage between a Muslim and a non-Muslim,
solemnized not in accordance with Muslim law or this Code, the Civil
Code of the Philippines shall apply.
(3) Subject to the provisions of the preceding paragraphs, the
essential requisites and legal impediments to marriage, divorce, paternity
and filiation, guardianship and custody of minors, support and
maintenance, claims for customary dower (mahr), betrothal, breach of
492 CIVIL LAW Arts. 14-17
Chapter Two
MARRIAGE (NIKAH)
ART. 14. Nature. — Marriage is not only a civil contract but a social
institution. Its nature, consequences and incidents are governed by this
Code and the Shari’a and not subject to stipulation, except that the
marriage settlement may to a certain extent fix the property relations of
the spouses.
ART. 15. Essential requisites. — No marriage contract shall be
perfected unless the following essential requisites are complied with:
(a) Legal capacity of the contracting parties;
(b) Mutual consent of the parties freely given;
(c) Offer (ijab) and acceptance (gabul) duly witnessed by at least
two competent persons after the proper guardian in marriage (wali) has
given his consent; and
(d) Stipulation of customary dower (mahr) duly witnessed by two
competent persons.
ART. 16. Capacity to contract marriage. — (1) Any Muslim male at
least fifteeen years of age and any Muslim female of the age of puberty or
upwards and not suffering from any impediment under the provisions of
this Code may contract marriage. A female is presumed to have attained
puberty upon reaching the age of fifteen.
(2) However, the Shari’a District Court may, upon petition of a
proper wali, order the solemnization of the marriage of a female who
though less than fifteen but not below twelve years of age, has attained
puberty.
(3) Marriage through a wali by a minor below the prescribed ages
shall be regarded as betrothal and may be annulled upon the petition of
either party within four years after attaining the age of puberty, provided
no voluntary cohabitation has taken place and the wali who contracted
the marriage was other than the father or paternal grandfather.
ART. 17. Marriage ceremony. — No particular form of marriage
ceremony is required but the ijab and the gabul in marriage shall be
declared publicly in the presence of the person solemnizing the marriage
Arts. 18-23 APPENDIX E 493
Presidential Decree No. 1083
counted from the date of divorce. However, if she is pregnant at the time
of the divorce, she may remarry only after delivery.
(2) Should a repudiated woman and her husband reconcile during
her ‘idda, he shall have a better right to take her back without need of a
new marriage contract.
(3) Where it is indubitable that the marriage has not been
consummated when the divorce was effected, no ‘idda shall be required.
ART. 30. Marriage after three talaq. — (1) Where a wife has been
thrice repudiated (talaq bain kubra) on three different occasions by her
husband, he cannot remarry her unless she shall have married another
person who divorces her after consummation of the intervening marriage
and the expiration of the ‘idda.
(2) No solemnizing officer shall perform the subsequent marriage
mentioned in the preceding paragraph unless he has ascertained that
there was no collusion among the parties.
ART. 34. Mutual rights and obligations. — (1) The husband and the
wife are obliged to live together, observe mutual respect and fidelity, and
render mutual help and support in accordance with this Code.
(2) When one of the spouses neglects his or her duties to the
conjugal union or brings danger, dishonor or material injury upon the
other, the injured party may petition the court for relief. The court may
counsel the offender to comply with his or her duties, and take such
measures as may be proper.
(3) The husband and the wife shall inherit from each other in
accordance with this Code.
(4) The husband and the wife shall have the right to divorce in
accordance with this Code.
ART. 35. Rights and obligations of the husband. — The husband
shall fix the residence of the family. The court may exempt the wife from
living with her husband on any of the following grounds:
(a) Her dower is not satisfied in accordance with the stipulations;
or
(b) The conjugal dwelling is not in keeping with her social standing
or is, for any reason, not safe for the members of the family or her
property.
ART. 36. Rights and obligations of the wife. — (1) The wife shall
dutifully manage the affairs of the household. She may purchase things
necessary for the maintenance of the family, and the husband shall be
bound to reimburse the expenses, if he has not delivered the proper sum.
Arts. 37-41 APPENDIX E 497
Presidential Decree No. 1083
(2) The wife cannot, without the husband’s consent, acquire any
property by gratuitous title, except from her relatives who are within the
prohibited degrees in marriage.
(3) The wife may, with her husband’s consent, exercise any
profession or occupation or engage in lawful business which is in keeping
with Islamic modesty and virtue. However, if the husband refuses to give
his consent on the ground that his income is sufficient for the family
according to its social standing or his opposition is based on serious and
valid grounds, the matter shall be referred to the Agama Arbitration
Council.
(4) The wife shall have the right to demand the satisfaction of her
mahr.
(5) Unless otherwise stipulated in the marriage settlements, the
wife retains ownership and administration of her exclusive property.
(6) The wife shall be entitled to an equal and just treatment by
the husband.
Chapter Three
DIVORCE (TALAQ)
SECTION 1. — Nature and Form
(d) The wife shall be entitled to recover from the husband her
whole dower in case the talaq has been effected after the consummation
of the marriage, or one-half thereof if effected before its consummation;
(e) The husband shall not be discharged from his obligation to
give support in accordance with Article 67; and
(f) The conjugal partnership, if stipulated in the marriage
settlements, shall be dissolved and liquidated.
ART. 55. Effects of other kinds of divorce. — The provisions of the
article immediately preceding shall apply to the dissolution, or marriage
by ila, zihar, li’an and khul’, subject to the effects of compliance with the
requirements of the Islamic law relative to such divorces.
SECTION 2. — ‘Idda
ART. 56. ‘Idda defined. — ‘Idda the period of waiting prescribed for
a woman whose marriage has been dissolved by death or by divorce the
completion of which shall enable her to contract a new marriage.
ART. 57. Period. — (1) Every wife shall be obliged to observe ‘idda
as follows:
(a) In case of dissolution of marriage by death, four months
and ten days counted from the death of her husband;
(b) In case of termination of marriage by divorce, for three
monthly courses; or
(c) In case of a pregnant woman, for a period extending
until her delivery.
(2) Should the husband die while the wife is observing ‘idda for
divorce, another ‘idda for death shall be observed in accordance with
paragraph 1(a).
ART. 67. Support for wife and infant. — (1) The wife shall be entitled
to support during the marriage. In cases of divorce (talaq), her right shall
be extended up to the expiration of ‘idda. However, in case the wife is
pregnant at the time of the separation, she shall be entitled to support
until delivery.
(2) Any divorced nursing mother who continues to breastfed her
child for two years shall be entitled to support until the time of weaning.
ART. 68. Support between ascendants and descendants. — The
ascendants and descendants shall be obliged to support each other in the
order in which they are called to succeed by intestacy the person who has
a right to claim support.
(3) If the recipient is the wife, the rule established in the foregoing
paragraph shall apply even though the marriage is dissolved.
ART. 70. Extinguishment of support. — The obligation to support
shall cease:
(a) Upon the death of the recipient;
(b) When the resources of the obligor have been so reduced that
he cannot give the support without neglecting his own needs and those of
his family, except that in the case of the spouses, the husband, though
needy, is obliged to support the wife; or
(c) When the recipient commits any act which would give rise to
disqualification to inherit or denial of support under Muslim law.
Chapter One
NATURE AND EFFECTS
ART. 71. Who exercises. — (1) The father and the mother shall
jointly exercise just and reasonable parental authority and fulfill their
responsibility over their legitimate and acknowledged children. In case of
disagreement, the father’s decision shall prevail unless there is a judicial
order to the contrary.
(2) The mother shall exercise parental authority over her children
504 CIVIL LAW Arts. 72-77
born out of wedlock, but the court may, when the best interests of the
children so require, appoint a general guardian.
ART. 72. Duty to parents. — (1) Children shall respect, revere, and
obey their parents always unless the latter cast them into disbelief.
(2) Grandparents are likewise entitled to respect and reverence,
and shall be consulted whenever practicable by all members of the family
on all important questions.
ART. 73. Duty to children. — Every parent and every person
exercising parental authority shall see to it that the rights of the children
are respected, and their duties complied with, and shall particularly by
precept and example, imbue them with religious and civic consciousness,
love of country, veneration of the national heroes and attachment to the
ideal of permanent world peace.
ART. 74. Effects upon person of children. — The parents have, with
respect to their unemancipated children:
(a) The duty to support them, have them in their company, educate
and instruct them in keeping with their means and represent them in all
actions which shall redound to their benefits; and
(b) The power to correct, discipline, and punish them moderately.
ART. 75. Effects upon property of children. — (1) The father, or in
his absence the mother, shall be the legal administrator of the property of
the child under parental authority. If the property is worth more than
five thousand pesos, the father or the mother shall give a bond to be
approved by the court.
(2) The court may appoint a guardian (wali) in the absence of one
who is natural or testamentary.
ART. 76. Parental authority non-transferable. — Parental authority
can neither be renounced nor transferred except as otherwise provided in
this Code and the general principles of Islamic law.
ART. 77. Extinguishment of parental authority. — (1) Parental
authority terminates upon the death of the parents or the child, or upon
emancipation.
(2) Subject to Article 78, the widowed mother who contracts a
subsequent marriage shall lose parental authority and custody over all
children by the deceased husband, unless the second husband is related
to them within the prohibited degrees of consanguinity.
(3) The court may deprive a person of parental authority or
suspend the exercise thereof if he treats his children with excessive
harshness, gives them corrupting or immoral orders and counsel, or
abandons them.
Arts. 78-81 APPENDIX E 505
Presidential Decree No. 1083
Chapter Two
CUSTODY AND GUARDIANSHIP
ART. 78. Care and custody. — (1) The care and custody of children
below seven years of age whose parents are divorced shall belong to the
mother or, in her absence, to the maternal grandmother, the paternal
grandmother, the sister and aunts. In their default, it shall devolve upon
the father and the nearest paternal relatives. The minor above seven
years of age but below the age of puberty may choose the parent with
whom he wants to stay.
(2) The unmarried daughter who has reached the age of puberty
shall stay with the father, the son, under the same circumstances, shall
stay with the mother.
ART. 79. Guardian for marriage (wali). — The following persons
shall have authority to act as guardian for marriage (wali) in the order of
precedence:
(a) Father;
(b) Paternal grandfather;
(c) Brother and other paternal relatives;
(d) Paternal grandfather’s executor or nominee; or
(e) The court.
ART. 80. Guardian of minor’s property. — The following persons
shall exercise guardianship over the property of minors in the order of
precedence:
(a) Father;
(b) Father’s executor or nominee;
(c) Paternal grandfather;
(d) Paternal grandfather’s nominee; or
(e) The court.
Chapter One
REGISTRY OF MARRIAGE, DIVORCE
AND CONVERSIONS
Court of the Shari’a Circuit Court shall act as Circuit Registrar of Muslim
Marriages, Divorces, Revocations of Divorces, and Conversions within his
jurisdiction.
ART. 82. Duties of District Registrar. — Every District Registrar
shall exercise supervision over Circuit Registrars in every Shari’a District.
He shall, in addition to an entry book, keep and bind copies of certificates
of Marriage, Divorce, Revocation of Divorce, and Conversion sent to him
by the Circuit Registrars in separate general registers. He shall send
copies in accordance with Act No. 3753, as amended, to the office of the
Civil Registrar-General.
ART. 83. Duties of Circuit Registrar. — Every Circuit Registrar
shall:
(a) File every certificate of marriage (which shall specify the nature
and amount of the dower agreed upon), divorce or revocation of divorce
and conversion and such other documents presented to him for registration;
(b) Compile said certificates monthly, prepare and send any
information required of him by the District Registrar;
(c) Register conversions involving Islam;
(d) Issue certified transcripts or copies of any certificate or
document registered upon payment of the required fees;
(e) Send to the District Registrar during the first ten days of each
month a copy of the entries made during the previous month;
(f) Index the same for easy reference and identification in case
any information is required; and
(g) Administer oaths, free of charge, for civil registry purposes.
ART. 84. Cancellation or Correction of Entry. — Any entry in the
District or Circuit Register may, upon verified petition of any interested
party, be corrected upon order of the Shari’a District Court, subject to the
provisions of the Rules of Court. Every Registrar shall be civilly responsible
for any unauthorized alteration made in the registry to any person
suffering damage thereby. However, the Registrar may exempt himself
from such liability if he proves that he has taken every reasonable
precaution to prevent the unlawful alteration.
ART. 85. Registration of revocation of divorce. — Within seven days
after the revocation of a divorce by ruju’, the husband shall, with the
wife’s written consent, file a statement thereof with the Circuit Registrar
in whose records the divorce was previously entered.
ART. 86. Legal effects of registration. — The books making up the
registry of marriage, divorce, revocation of divorce, conversion, and all
other documents relating thereto shall be considered public documents
and shall be prima facie evidence of the facts therein contained. However,
Arts. 87-93 APPENDIX E 507
Presidential Decree No. 1083
Chapter Two
OTHER ACTS AFFECTING CIVIL STATUS
ART. 88. Where registered. — All other acts, events, or judicial decrees
affecting civil status not mentioned in Chapter One of this Title shall be
recorded in the existing civil registry of the city or municipality in accord-
ance with special laws.
BOOK THREE
SUCCESSION
TITLE I. GENERAL PROVISIONS
Chapter One
WILLS
Chapter One
SHARERS
ART. 110. Who are sharers. — The following persons shall be entitled
to the inheritance as sharers to the extent set forth in the succeeding
articles:
(a) The husband, the wife;
(b) The father, the mother, the grandfather, the grandmother;
(c) The daughter and the son’s daughter in the direct line;
(d) The full sister, the consanguine sister, the uterine sister and
the uterine brother.
ART. 111. Share of surviving husband. — The husband surviving
together with a legitimate child or a child of the decedent’s son shall be
entitled to one-fourth of the hereditary estate; should there be no such
descendants, he shall inherit one-half of the estate.
ART. 112. Share of surviving wife. — The wife surviving together
with a legitimate child or a child of the decedent’s son shall be entitled to
one-fourth of the hereditary estate; in the absence of such descendants,
she shall inherit one-fourth of the estate.
ART. 113. Share of surviving father. — The father succeeding together
with the legitimate son of the decedent or a son of the decedent’s son
Arts. 114-121 APPENDIX E 511
Presidential Decree No. 1083
Chapter Two
RESIDUARY HEIRS
Chapter Three
DISTANT KINDRED (DHAW-UL-ARHAM)
BOOK FOUR
ADJUDICATION AND SETTLEMENT OF DISPUTES
AND RENDITION OF LEGAL OPINIONS
Chapter One
SHARI’A DISTRICT COURTS
Chapter Two
SHARI’A CIRCUIT COURTS
(3) The provisions of this article shall be observed should the wife
exercise tafwid.
ART. 162. Subsequent marriages. — Any Muslim husband desiring
to contract a subsequent marriage shall, before so doing, file a written
notice thereof with the Clerk of Court of the Shari’a Circuit Court of the
place where his family resides. Upon receipt of said notice, the Clerk
shall serve a copy thereof to the wife or wives. Should any of them object,
an Agama Arbitration Council shall be constituted in accordance with the
provisions of paragraph (2) of the preceding article. If the Agama
Arbitration Council fails to obtain the wife’s consent to the proposed
marriage, the Court shall subject to Article 27, decide whether or not to
sustain her objection.
ART. 163. Offenses against customary law. — The Shari’a Circuit
Court, in cases involving offenses against customary law which can be
settled without formal trial may, at its discretion, direct the Shari’a Clerk
of Court to constitute a council of not less than two nor more than four
members, with him as chairman, to settle the case amicably.
BOOK FIVE
MISCELLANEOUS AND TRANSITORY
PROVISIONS
under Article 170 shall also be excused from reporting to office in order
that they may be able to observe Muslim holidays.
(2) The President of the Philippines may, by proclamation, require
private offices, agencies or establishments to excuse their Muslim
employees from reporting for work during a Muslim holiday without
reduction in their usual compensation.
Chapter One
RULE ON BIGAMY
Chapter Two
SPECIFIC OFFENSES
ART. 186. Effect of Code on past acts. — (1) Acts executed prior to
the effectivity of this Code shall be governed by the laws in force at the
time of their execution, and nothing herein except as otherwise specifically
provided, shall affect their validity or legality or operate to extinguish
any right acquired or liability incurred thereby.
(2) A marriage contracted by a Muslim male prior to the effectivity
of this Code in accordance with non-Muslim law shall be considered as
one contracted under Muslim law provided the spouses register their
mutual desire to this effect.
ART. 187. Applicability clause. — The Civil Code of the Philippines,
the Rules of Court and other existing laws, insofar as they are not
inconsistent with the provisions of this Code, shall be applied suppletorily.
ART. 188. Separability clause. — If, for any reason, any article or
provision of this Code is held to be invalid, the same shall not affect the
other articles or provisions hereof.
ART. 189. Repealing clause. — All laws, proclamations, executive
orders, rules and regulations, or any part thereof, inconsistent with the
provisions of this Code are hereby correspondingly modified or repealed.
ART. 190. Effectivity. — This Code shall take effect immediately.
Done in the City of Manila, this 4th day of February, in the year of
Our Lord nineteen hundred and seventy-seven.
By the President:
APPENDIX F
525
526 CIVIL LAW Secs. 4-5
Sec. 15. Pre-trial order. — (a) The proceedings in the pre-trial shall
be recorded. Upon termination of the pre-trial, the court shall issue a pre-
trial order which shall recite in detail the matters taken up in the
conference, the action taken thereon, the amendments allowed on the
pleadings, and, except as to the ground of declaration of nullity or
annulment, the agreements or admissions made by the parties on any of
the matters considered, including any provisional order that may be
necessary or agreed upon by the parties.
(b) Should the action proceed to trial, the order shall contain a
recital of the following:
(1) Facts undisputed, admitted, and those which need not
be proved subject to Section 16 of this Rule;
(2) Factual and legal issues to be litigated;
(3) Evidence, including objects and documents, that have
been marked and will be presented;
(4) Names of witnesses who will be presented and their
testimonies in the form of affidavits; and
(5) Schedule of the presentation of evidence.
(c) The pre-trial order shall also contain a directive to the public
prosecutor to appear for the State and take steps to prevent collusion
between the parties at any stage of the proceedings and fabrication or
suppression of evidence during the trial on the merits.
(d) The parties shall not be allowed to raise issues or present
witnesses and evidence other than those stated in the pre-trial order. The
order shall control the trial of the case, unless modified by the court to
prevent manifest injustice.
(e) The parties shall have five days from receipt of the pre-trial
order to propose corrections or modifications.
Sec. 16. Prohibited compromise. — The court shall not allow
compromise on prohibited matters, such as the following:
(a) The civil status of persons;
(b) The validity of a marriage or of a legal separation;
(c) Any ground for legal separation;
(d) Future support;
(e) The jurisdiction of courts; and
(f) Future legitime.
Sec. 17. Trial. — (1) The presiding judge shall personally conduct
the trial of the case. No delegation of the reception of evidence to a
Secs. 18-19 APPENDIX F 531
Rule on Declaration of Absolute Nullity of Void Marriages
and Annulment of Voidable Marriages
Decree in the Civil Registry where the marriage was registered, the Civil
Registry of the place where the Family Court is situated, and in the
National Census and Statistics Office. He shall report to the court
compliance with this requirement within thirty days from receipt of the
copy of the Decree.
(b) In case service of summons was made by publication, the
parties shall cause the publication of the Decree once in a newspaper of
general circulation.
(c) The registered Decree shall be the best evidence to prove the
declaration of absolute nullity or annulment of marriage and shall serve
as notice to third persons concerning the properties of petitioner and
respondent as well as the properties or presumptive legitimes delivered
to their common children.
Sec. 24. Effect of death of a party; duty of the Family Court or
Appellate Court. — (a) In case a party dies at any stage of the proceedings
before the entry of judgment, the court shall order the case closed and
terminated, without prejudice to the settlement of the estate in proper
proceedings in the regular courts.
(b) If the party dies after the entry of judgment of nullity or
annulment, the judgment shall be binding upon the parties and their
successors in interest in the settlement of the estate in the regular courts.
Sec. 25. Effectivity. — This Rule shall take effect on March 15, 2003
following its publication in a newspaper of general circulation not later
than March 7, 2003.
534 CIVIL LAW
APPENDIX G
534
Sec. 3 APPENDIX G 535
Rule on Legal Separation
(b) Contents and form. — The petition for legal separation shall:
(1) Allege the complete facts constituting the cause of action.
(2) State the names of ages of the common children of the
parties, specify the regime governing their property relations, the
properties involved, and creditors, if any. If there is no adequate
provision in a written agreement between the parties, the petitioner
may apply for a provisional order for spousal support, custody and
support of common children, visitation rights, administration of
community or conjugal property, and other similar matters requiring
urgent action.
(3) Be verified and accompanied by a certification against
forum shopping. The verification and certification must be personally
signed by the petitioner. No petition may be filed solely by counsel
or through an attorney-in-fact. If the petitioner is in a foreign country,
the verification and certification against forum shopping shall be
authenticated by the duly authorized officer of the Philippine
embassy or legation, consul general, consul or vice-consul or consular
agent in said country.
(4) Be filed in six copies. The petitioner shall, within five
days from such filing, furnish a copy of the petition to the City or
Provincial Prosecutor and the creditors, if any, and submit to the
court proof of such service within the same period.
Failure to comply with the preceding requirements may be a
ground for immediate dismissal of the petition.
(c) Venue. — The petition shall be filed in the Family Court of the
province or city where the petitioner or the respondent has been residing
for at least six months prior to the date of filing or in the case of a non-
resident respondent, where he may be found in the Philippines, at the
election of the petitioner.
Sec. 3. Summons. — The service of summons shall be governed by
Rule 14 of the Rules of Court and by the following rules:
(a) Where the respondent cannot be located at his given address
or his whereabouts are unknown and cannot be ascertained by diligent
inquiry, service of summons may, by leave of court, be effected upon him
by publication once a week for two consecutive weeks in a newspaper of
general circulation in the Philippines and in such place as the court may
order.
In addition, a copy of the summons shall be served on respondent at
his last known address by registered mail or by any other means the
court may deem sufficient.
(b) The summons to be published shall be contained in an order
of the court with the following data: (1) title of the case; (2) docket number;
536 CIVIL LAW Secs. 4-8
(3) nature of the petition; (4) principal grounds of the petition and the
reliefs prayed for; and (5) a directive for respondent to answer within
thirty days from the last issue of publication.
Sec. 4. Motion to Dismiss. — No motion to dismiss the petition shall
be allowed except on the ground of lack of jurisdiction over the subject
matter or over the parties; Provided, however, That any other ground
that might warrant a dismissal of the case may be raised as an affirmative
defense in an answer.
Sec. 5. Answer. — (a) The respondent shall file his answer within
fifteen days from receipt of summons, or within thirty days from the last
issue of publication in case of service of summons by publication. The
answer must be verified by respondent himself and not by counsel or
attorney-in-fact.
(b) If the respondent fails to file an answer, the court shall not
declare him in default.
(c) Where no answer is filed, or if the answer does not tender an
issue, the court shall order the public prosecutor to investigate whether
collusion exists between the parties.
Sec. 6. Investigation Report of Public Prosecutor. — (a) Within one
month after receipt of the court order mentioned in paragraph (c) of the
preceding section, the public prosecutor shall submit a report to the court
on whether the parties are in collusion and serve copies on the parties
and their respective counsels, if any.
(b) If the public prosecutor finds that collusion exists, he shall
state the basis thereof in his report. The parties shall file their respective
comments on the finding of collusion within ten days from receipt of copy
of the report. The court shall set the report for hearing and if convinced
that parties are in collusion, it shall dismiss the petition.
(c) If the public prosecutor reports that no collusion exists, the
court shall set the case for pre-trial. It shall be the duty of the public
prosecutor to appear for the State at the pre-trial.
Sec. 7. Social Worker. — The court may require a social worker to
conduct a case study and to submit the corresponding report at least
three days before the pre-trial. The court may also require a case study at
any stage of the case whenever necessary.
Sec. 8. Pre-trial. —
(a) Pre-trial mandatory. — A pre-trial is mandatory. On motion or
motu proprio, the court shall set the pre-trial after the last pleading has
been served and filed, or upon receipt of the report of the public prosecutor
that no collusion exists between the parties on a date not earlier than six
months from date of the filing of the petition.
Secs. 9-10 APPENDIX G 537
Rule on Legal Separation
Sec. 16. Decision. — (a) The court shall deny the petition on any of
the following grounds:
(1) The aggrieved party had condoned the offense or act
complained of or has consented to the commission of the offense or
act complained of;
(2) There is connivance in the commission of the offense or
act constituting the ground for legal separation;
(3) Both parties have given ground for legal separation;
540 CIVIL LAW Secs. 17-18
Sec. 21. Effect of death of a party; duty of the Family Court or Appel-
late Court. — (a) In case a party dies at any stage of the proceedings
before the entry of judgment, the court shall order the case closed and
terminated without prejudice to the settlement of estate in proper
proceedings in the regular courts.
(b) If the party dies after the entry of judgment, the same shall
be binding upon the parties and their successors in interest in the
settlement of the estate in the regular courts.
Sec. 22. Petition for revocation of donations. — (a) Within five (5)
years from the date the decision granting the petition for legal separation
has become final, the innocent spouse may file a petition under oath in
the same proceeding for legal separation to revoke the donations in favor
of the offending spouse.
542 CIVIL LAW Secs. 23-24
APPENDIX H
544
Secs. 3-4 APPENDIX H 545
Rule on Provisional Orders
standard of living; and (10) any other factor the court may deem just and
equitable.
(d) The Family Court may direct the deduction of the provisional
support from the salary of the spouse.
SECTION 3. Child Support. — The common children of the spouses
shall be supported from the properties of the absolute community or the
conjugal partnership.
Subject to the sound discretion of the court, either parent or both
may be ordered to give an amount necessary for the support, maintenance,
and education of the child. It shall be in proportion to the resources or
means of the giver and to the necessities of the recipient.
In determining the amount of provisional support, the court may
likewise consider the following factors: (1) the financial resources of the
custodial and non-custodial parent and those of the child; (2) the physical
and emotional health of the child and his or her special needs and
aptitudes; (3) the standard of living the child has been accustomed to; (4)
the non-monetary contributions that the parents will make toward the
care and well-being of the child.
The Family Court may direct the deduction of the provisional support
from the salary of the parent.
SECTION 4. Child Custody. — In determining the right party or
person to whom the custody of the child of the parties may be awarded
pending the petition, the court shall consider the best interests of the
child and shall give paramount consideration of the material and moral
welfare of the child.
The court may likewise consider the following factors: (a) the
agreement of the parties; (b) the desire and ability of each parent to
foster an open and loving relationship between the child and the other
parent; (c) the child’s health, safety, and welfare; (d) any history of child
or spousal abuse by the person seeking custody or who has had any filial
relationship with the child, including anyone courting the parent; (e) the
nature and frequency of contact with both parents; (f) habitual use of
alcohol or regulated substances; (g) marital misconduct; (h) the most
suitable physical, emotional, spiritual, psychological and educational
environment; and (i) the preference of the child, if over seven years of age
and of sufficient discernment, unless the parent chosen is unfit.
The court may award provisional custody in the following order of
preference; (1) to both parents jointly; (2) to either parent taking into
account all relevant considerations under the foregoing paragraph,
especially the choice of the child over seven years of age, unless the
parent chosen is unfit; (3) to the surviving grandparent, or if there are
several of them, to the grandparent chosen by the child over seven years
of age and of sufficient discernment, unless the grandparent is unfit or
546 CIVIL LAW Secs. 5-6